Professional Documents
Culture Documents
Final Civil Reviewer
Final Civil Reviewer
SUBMITTED BY:
ALLAS, Lyra Cecille
ASSAYCO, Ivy Grail
BAGSAO, April Lily
BAY-AN, Jayran Lowen
CAYAT, Roma
DALANAO, Gretchen Joy
PATDU, Lovely Strawberry
QUARIO, Gina
SAGPAEY, Jenny
SANTIAGO, Katrina Gynne
TAWARAN, Jennifer
ZAPATA, Don Jan
SUBMITTED TO:
ATTY. MARIA LULU REYES
Professor, Civil Law Review I
TABLE OF CONTENTS
3 PRELIMINARIES
6 HUMAN RELATIONS
68 PROPERTY
128 SUCCESSION
APPENDICES
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
PRELIMINARIES
3
LAW
It is a rule of conduct promulgated by a legitimate authority for as among members of society for the protection of private
the common good and observance of all. interest, family relations and property rights.
C. According to force and effect: Q: What are the exceptions to the non-retroactive application of
1. Mandatory or Prohibitive Laws - those which have to laws?
be complied with because they are expressive of public A:
policy. 1. Tax laws
2. Permissive or Suppletory Laws those which may be 2. Interpretative statutes
deviated from if the individual so desires. 3. Laws creating New Rights
4. Curative Statutes
Q: What is Civil Law? 5. Remedial/procedural
A: It is a mass of precepts which determines and 6. Emergency Laws
regulates the relations of assistance, authority and 7. When Expressly provided
obedience existing among members of family as well
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
As a general rule, laws shall have no retroactive effect. However, When the courts declared a law to be inconsistent with the
exceptions exist, and one such exception concerns a law that is Constitution, the former shall be void and the latter shall govern
procedural in nature. The reason is that a remedial statute or a statute Administrative or executive acts, orders and regulations shall be
4
relating to remedies or modes of procedure does not create new rights
valid only when they are not contrary to the laws or the
or take away vested rights but only operates in furtherance of the
remedy or the confirmation of already existing rights. A statute or rule Constitution. (Art. 7, NCC)
regulating the procedure of the courts will be construed as applicable to
actions pending and undetermined at the time of its passage. All EXPRESS REPEAL IMPLIED REPEAL
procedural laws are retroactive in that sense and to that extent. The the law provides takes place when the
retroactive application is not violative of any right of a person who may provisions of the subsequent
feel adversely affected, for, verily, no vested right generally attaches to law are incompatible or
or arises from procedural laws. (Sps. Dacudao vs. Secretary of DOJ, inconsistent with those of the
2013) previous law.
MANDATORY OR PROHIBITORY LAWS Q: What is the effect when a law repealing a law is itself
repealed?
Q: What is the status of acts which are contrary to law? A: The answer depends on how the first law was repealed:
A: General Rule: 1. If the first law is expressly repealed and repealing
Acts that are contrary to the provisions of mandatory law is repealed: the Old law is not revived
and proibitory law are void. (Art. 5, NCC) 2. If the old law is impliedly repealed and repealing
law is repealed: the Old law is revived.
Exceptions: Note: Unless the third law expressly provides otherwise.
1. Makes the act valid but punishes the violator
2. The law itself authorizes its validity JUDICIAL DECISIONS
3. Makes the act merely voidable
4. Declares the nullity of an act but recognizes its Judicial decisions applying or interpreting the laws or the
effects as legally existing Constitution shall form a part of the legal system of the
Philippines. (Art. 8, NCC)
WAIVER OF RIGHTS
Rights may be waived, unless the waiver is contrary to law, STARE DECISIS LAW OF THE CASE
public order, public policy, morals, or good customs, or once a case has been whatever is once
prejudicial to a third person with a right recognized by law. decided one way, then irrevocably established as
another case, involving the controlling legal rule or
(Art. 6, NCC) decision between the same
exactly the same point
at issue, should be parties in the same case
Waiver decided in the same continues to be the law
It is the relinquishment of a known right with both knowledge of manner
governing the parties so
its existence and an intention to relinquish it. long as the facts on which
such decision was
predicated continue to be
Rights the facts of the case before
The power or privilege given to one person and as a rule the court
demandable of another which may either be:
a. Real Rights (jus in rem) enforceable against the whole RATIO DECIDENDI OBITER DICTA
world. (Absolute rights) states the reason for a opinions not necessarily to
b. Personal Rights (jus in personam) enforceable against a judgment and is binding the determination of a case
particular individual. (Relative Rights) upon parties and are not binding upon
parties
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Q: May courts apply customs in deciding cases? Q: What is a foreign element?
A: A: It is a factual situation that cut across territorial lines and 5
1. In civil cases, customs may be applied by the courts affected by diverse laws of two or more states
in cases where the applicable law is silent, obscure or
insufficient Q: What are examples of conflicts of law as used in the
2. In criminal cases, no. There is no crime when there Philippines?
is no law punishing an act (nullum crimen nulla poena A:
sine lege). 1. Lex Nacionali (Art. 15, NCC)
2. Lex Domicili (Art. 1251 (par. 3), NCC)
COMPUTATION OF LEGAL PERIODS 3. Lex Situs/ Lex Rei Sitae (Art. 16, NCC)
4. Lex Loci Contractus (Art. 17 (par. 1), NCC)
1. 1 day 24 hours 5. Lex Loci Celebrationis (Art. 71, NCC)
2. 1 month actual number of days 6. Lex Loci Celebrationis (Art. 26 (par. 1), FC)
3. 1 year 12 calendar months. (Art. 13, NCC as 7. Lex Loci Intentionis (Art. 1306, NCC)
Repealed by Administrative Code; CIR v Primetown,
2007) STATUS LAWS
Calendar month: if a month is designated by its name, it shall Laws relating to family rights and duties, status, condition and
be computed by the number of days which it respectively has legal capacity of persons are binding upon citizens of the
Philippines eventhough living abroad. (Art. 15, NCC)
Week: 7 successive days regardless of which day it would start
Q: What are the exceptions to Article 15?
Calendar week: Sunday to Saturday A:
1. In case of divorce obtained validly by an alien pursuant
Computation of periods: the first day shall be excluded, and to the rules that governs his country, the Filipino spouse
last day included, unless the latter is a Sunday or a legal shall be considered also as divorced.
holiday, in which event, the time shall run until the end of the 2. Domiciliary rule applies to stateless persons
next day which is neither a Sunday or a legal holiday.
PROPERTY LAWS
Note: When the act and the period are contractual, the act must be
done on the last day, even if the latter is a Sunday or a legal holiday. Q: What law governs property?
A:
APPLICATION OF PENAL LAWS General Rule: Subject to the law of the country
where situated
Q: Upon whom are penal laws applicable?
A: Exception: National law of the person whose
General Rule: succession is under consideration, applies to testate or
Penal laws and those of public security and safety shall intestate succession, specifically:
be obligatory upon all who live or sojourn in the 1. Order of succession
Philippine territory 2. Amount of successional rights
3. Intrinsic validity of the testamentary provisions
Exceptions: (Art. 16, NCC)
1. Treaty stipulations
2. Public International Law principles (Art. 14, NCC) EXTRINSIC VALIDITY OF CONTRACTS
3. Laws of preferential application
Q: What law governs the solemnities of contracts, wills and
other public instruments?
A:
CONFLICTS OF LAW General Rule: Subject to the law of the country in
which they are executed
Q: What is Conflicts of Law?
A: It is that part of municipal law of a state which directs its Exceptions: Philippine laws shall apply:
courts and administrative agencies, when confronted with a 1. Acts are executed before the diplomatic or consular
legal problem involving a foreign element, whether or not they officials of the Philippines.
should apply a foreign law 2. Prohibitory laws concerning persons, their acts or
property, and those which have for their object
public order, public policy and good customs.
(Art. 17, NCC)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
HUMAN RELATIONS
6
EXERCISE OF RIGHTS b. Sue for moral damages if the act of the defendant
Every person must, in the exercise of his rights and in the constitutes a tort under Art 21.
performance of his duties, act with justice, give everyone his c. Sue for actual damages, should there be any, such as
advanced money or property upon the faith of the
due, and observe honesty and good faith. (Article 19, NCC)
promise to marry or expenses for the wedding
preparations on the ground that no person can enrich
Q: What is the principle of Abuse of Right? himself unjustly at the expense of another
A: It states that he who acts with abuse, his right ceases, and his
act becomes illicit, giving rise to liability. Its elements are: A breach of promise to marry per se is not an actionable wrong. But
1. there is a legal right or duty where a man's promise to marry is the proximate cause of the
2. the exercise of such right is in bad faith acceptance of his love by a woman and his representation to fulfill that
3. there is an intent to prejudice or injure others promise thereafter becomes the proximate cause of the giving of herself
unto him in a sexual congress, proof that the promise was only a
deceptive device to inveigle her to obtain her consent to the sexual act,
The Supreme Court held that UE is liable for damages. It is the
could justify the award of damages pursuant to Article 21 not because of
contractual obligation of the school to timely inform and furnish sufficient
such promise to marry but because of the fraud and deceit behind it and
notice and information to each and every student as to where he or she
the willful injury to her honor and reputation which followed thereafter. It
had already complied with the entire requirement for the conferment of a
is essential, however, that such injury should have been committed in a
degree or whether they should be included among those who will
manner contrary to morals, good customs or public policy. In the instant
graduate. The school cannot be said to have acted in good faith. Absence
case, Ayatollah's fraudulent and deceptive protestations of love for and
of good faith must be sufficiently established for a successful prosecution
promise to marry Maria that made her surrender her virtue and
by the aggrieved party in suit for abuse of right under Article 19 of the
womanhood to him and to live with him on the honest and sincere belief
Civil Code. (UE vs. Jader, 2000)
that he would keep said promise, In short, Maria surrendered her
virginity, the cherished possession of every single Filipina, not because of
Q: What is injury? lust but because of moral seduction. (Baksh vs. CA, 1993)
A: It refers to the legal wrong to be redressed.
The conduct of a woman of adult age, maintaining intimate sexual
Q: What is damage? relations with appellant, with repeated acts of intercourse is incompatible
A: It refers to the amount of money awarded by the court to with the idea of seduction. (Tanjanco v. CA, 1966)
compensate for the loss or injury suffered. It is awarded to
compensate the plaintiff for the loss or damage that he suffered, PRINCIPLE OF UNJUST ENRICHMENT
not to enrich him, or to impose a penalty on the wrongdoer. Every person who through an act of performance by another, or
any other means, acquires or comes into possession of
ACTS CONTRARY TO LAW something at the expense of the latter without just or legal
Every person who, contrary to law, wilfully or negligently causes ground, shall return the same to him. (Art. 22, NCC)
damage to another, shall indemnify the latter for the same.
(Art. 20, NCC) ACCION IN REM VERSO
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
CONTRACTUAL, PROPERTY & OTHER RELATIONS Q: What are the requisites for liability under Art. 27?
In all contractual, property or other relations, when one of the A: 7
parties is at a disadvantage on account of his moral dependence, 1. The defendant is a public official charged with the
ignorance, indigence, mental weakness, tender age of other performance of official duties.
handicap, the courts must be vigilant for his protection. 2. The public servant or employee refuses or neglects to
(Art.24, NCC) perform his official duty;
3. There is no valid reason for the refusal or neglect to
Q: What is Protection of the Underdog Doctrine? perform official duty.
A: It states that protection to the covered persons in case of 4. There is injury suffered by the plaintiff.
doubt as to the interpretation of law governing the conflict
between parties where one is at the disadvantage. UNFAIR COMPETITION
Unfair competition in agricultural, commercial or industrial
Q: What is the Doctrine Of Parens Patriae? enterprises or in labor through the use of force, intimidation,
A: Or father or parent of his country, it refers to the inherent deceit, machination or any other unjust, oppressive or high-
power of the state and authority of the State to provide handed method shall give rise to a right of action by the person
protection of the person and property of a person non sui juris. who thereby suffers damages. (Art. 28, NCC)
It is the sovereign power of the state in safeguarding the rights
Q: What is unfair competition?
of person under disability. A: It involves an injury to a competitor or trade rival, including
acts which are characterized as contrary to good conscience or
THOUGHTLESS EXTRAVAGANCE unlawful.
Thoughtless extravagance in expenses for pleasure or display Q: What is the Principle of Cutthroat Competition?
during a period of acute public want or emergency may be A: It exists when a person starts an opposing place of business,
stopped by order of the courts at the instance of any government not for the sake of profit to himself, but regardless of loss, and
or private charitable institution.(Art. 25, NCC) for the sole purpose of driving his competitor out of business so
that later on, he can take advantage of the effects of his
Q: What remedy can be availed of? malevolent purpose. It is not allowed.
A: Injunction may be filed by any charitable institution, public or
private INDEPENDENT CIVIL ACTIONS
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Notes: 4. Defense of Due Diligence in the Selection and
It only requires a preponderance of evidence and the aggrieved party Supervision of Employees: Only applicable in culpa
may ask for moral and exemplary damages but in the latter case, it aquiliana.
8
depends upon the discretion of the court.
5. Assumption of Risk: It will absolve the defendant
2. Civil Liability for Defamation, Fraud, Physical Injuries
from liability.
In cases of defamation, fraud, and physical injuries, a civil action
Requisites:
for damages, entirely separate and distinct from the criminal
a. there must be knowledge as to the existence of the
action, may be brought by the injured party. (Art. 33, NCC)
danger
b. there must be an understanding and appreciation
Q: What is defamation?
of the risk of such danger by the plaintiff.
A: It is an invasion of the interest in reputation and good name,
c. the plaintiff voluntarily expose himself to such
by communication to others which tend to diminish the esteem in
danger.
which the plaintiff is held, or to excite adverse feelings or opinion
6. Prescription: If the action is filed beyond four years
against him. It is any act, writing or utterance which tends to
from loss or injury.
prejudice or humiliate another. It includes libel and slander.
Q: What is Res Ipsa Loquitor?
Q: What is covered by physical injuries?
A: Or the thing speaks for itself, states that the fact of the injury
A: All kinds of physical injuries including attempted, frustrated
is prima facie evidence of negligence. Its requisites are:
or consummated homicide. If resulted because of negligence or
1. the accident is one of a kind which does not
imprudence, they are already covered by Article 2176 of the Civil
ordinarily occur unless someone is negligent
Code.
2. that the instrumentality or agency which caused the
injury was under the exclusive control of the person
Q: What is covered by fraud?
charged with negligence and
A: It is intentional deception to induce another to part with
3. that the injury suffered must not have been due to
something of value or to surrender a legal right.
any voluntary action or contribution on the part of the
person injured.
3. Civil Liability of Member of Municipal or City Police
When a member of a city or municipal police force refuses or
PREJUDICIAL QUESTION
fails to render aid or protection to any person in case of danger
to life or property, such police officer shall be primarily liable for
Q: What is a prejudicial question?
damages. (Art. 34, NCC)
A: It is one which must be decided before any criminal
prosecution may be instituted or may proceed, because a
Q: Who shall be subsidiarily liable?
decision therein is vital to the judgment in the criminal case.
A: The city or municipal government shall be subsidiary
(Art. 36, NCC) Its requisites are:
responsible in case of insolvency of said police officer.
1. the previously instituted civil action involves an issue
similar or intimately related to the issue raised in the
4. Quasi-Delict
subsequent criminal action
Whoever by act or omission causes damage to another, there
2. the resolution of such issue determines whether or
being fault or negligence, is obliged to pay for the damage done.
not the criminal action may proceed
Such fault or negligence, if there is no pre-existing contractual
3. the jurisdiction to try said question must be lodged in
relation between the parties, is called a quasi-delict and is
another tribunal
governed by the provisions of this Chapter. (Art. 2176, NCC)
The rationale behind the principle of prejudicial question is to avoid two
Q: What are available defenses? conflicting decisions. The pendency of the case for declaration of nullity
A: The following are defences available against actions based on of petitioners of marriage is not a prejudicial question to the
quasi-delict: concubinage case because the facts in the latter case are not based on
1. Doctrine of Last Clear Chance - where both parties the former for the guilt of the petitioner-accused is determined.
are negligent but the negligent of one succeeds that of (Beltran vs. People, 2000)
the other by an appreciable interval of time, the one
Since the validity of the second marriage, subject of the action for
who has the last reasonable opportunity to avoid the
bigamy, cannot be determined in the criminal case, and since prosecution
impending harm and fails to do so, is chargeable with for bigamy does not lie unless the elements of the second marriage
the consequences, without reference to the prior appear to exist, it is necessary that a decision in a civil action to the
negligence of the other. effect that the second marriage contains all the essentials of a marriage
2. Contributory Negligence - the defendant may claim must first be secured. (Diaz vs. Merced)
that plaintiffs own negligence contributed to the injury.
This defense will merely mitigate the award of The resolution of the boundary dispute between two barangays is a
damages. prejudicial question to the plebiscite for the creation of a barangay.
(City of Pasig vs. COMELEC)
3. Proximate Cause of the Loss or Injury is the
Negligence of Plaintiff.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
PERSONS AND FAMILY RELATIONS
9
CIVIL PERSONALITY Exception: There is presumptive personality given to a
It the aptitude of being the subject, active or passive, of rights conceived child for all purposes favorable to it.
and obligations (Article 40, NCC)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Q: What are included in the term Juridical Persons? Notes: Only one who has the legal capacity can establish a domicile of
choice. Thus, a person suffering the penalty civil interdiction cannot
A: The following are juridical persons:
establish domicile because his act is limited. 10
1. the State and its political subdivisions A married woman does not lose her domicile to her husband.
2. other corporations, institutions and entities for public (Romualdez-Marcos vs. Comelec, 1995)
purpose
3. corporations, partnerships and associations for FUNERALS
private interest or purpose
4. others authorized by law
Q: Whose duty and right is it to make the funeral arrangements
Q: What are the rights and obligations of juridical persons? of a deceased person?
A: To: A: The duty and the right to make arrangements for the funeral
1. acquire and possess property of all kinds of a relative shall be in accordance with the order established
(subject to Constitutional limitations) for support, under article 199, FC. (Art. 305, NCC)
2. incur obligations
3. bring civil or criminal actions The following is the order of preference:
1. Spouses
2. Descendants of the nearest degree
3. Ascendants of the nearest degree
DOMICILE 4. Brothers and sisters
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Q: What are the parts of the name of a? 2. In case of identity of names and surnames
A: between ascendants and descendants, the word 11
1. Legitimate Child "Junior" can be used only by a son (also to daughter,
a. Given name no prohibition). Grandsons and other direct male
b. Middle name mothers surname descendants shall either:
c. Surname/family name fathers surname a. Add a middle name or the mother's surname,
(Arts. 364 and 369, NCC) or
b. Add the Roman numerals II, III, and so on.
2. Illegitimate child who is not recognized (Art. 375, NCC)
a. Given name
b. Surname mothers surname (Art. 368, NCC)
ABSENCE
3. Illegitimate child who is recognized
a. Given name Q: What is absence?
b. Middle name mothers surname A: It is the legal status of a person who is not in his domicile,
c. Surname/family name fathers surname his whereabouts being unknown, and it is uncertain whether he
(Art. 366, NCC) is dead or alive.
4. Adopted child by husband and wife Q: What are the stages of Absence?
a. Given name A: Provisional, Declared, and Definite absence.
b. Middle name wife adopters surname
c. Surname husband adopters surname Q: What is Provisional Absence?
(Arts. 365 and 367, NCC) A: Or Temporary, such results when a person disappears from
his domicile, his whereabouts being unknown, and without
5. Adopted by Single Person (putative father) Stephanie Case leaving an agent to administer his property. (Art. 381, NCC)
a. Given name
b. Middle name biological mothers surname Q: What remedy can be availed of?
c. Surname fathers surname A: The judge, at the instance of an interested party, a relative,
or a friend, may appoint a person to represent him in all that
6. Adopted by a Single Person other than Stephanie Case may be necessary. (Art. 381, NCC)
a. Given Name
b. Surname adopters surname This same rule shall be observed when under similar
circumstances the power conferred by the absentee has
Q: What surname may be used by married women? expired. (Art. 381, NCC)
A: A married woman may use
1. Her maiden first name and surname and add her The appointment referred to having been made, the judge shall
husband's surname; take the necessary measures to safeguard the rights and
2. Her maiden first name and her husband's interests of the absentee and shall specify the powers,
surname; obligations and remuneration of his representative, regulating
3. Her husband's full name, but prefixing a word them, according to the circumstances, by the rules concerning
indicating that she is his wife, such as "Mrs." guardians. (Art. 382, NCC)
(Art. 370, NCC); or
4. Her maiden name alone Q: Who may be appointed as a representative of the provisional
absentee?
Q: In case of annulment of marriage, what surname shall a A: The present spouse shall be preferred when there is no legal
woman use? separation. Any competent person - if the absentee left no
A: 1. If wife is the guilty party, she shall resume her spouse, or if the spouse present is a minor may be appointed.
maiden name and surname. (Art. 383, NCC)
2. If she is the innocent spouse, she may resume her
maiden name and surname. However, she may Note: No acts of dominion to be exercised but only of general power of
administration except when there is court authority.
choose to continue employing her former husband's
surname, UNLESS:
Q: What is Declared Absence?
a. The court decrees otherwise; or
A: Such results when a person disappears from his domicile,
b. She or the former husband is married again
and 2 years having elapsed without any news about the
to another person. (Art.371, NCC)
absentee or since the receipt of the last news (if no
Notes: When LEGAL SEPARATION has been granted, the wife shall
administrator/manager is appointed), or 5 years in case the
continue using her name and surname employed before the legal absentee has left a person in charge of the administration of his
separation. (Art. 372, NCC) property. (Art. 384, NCC)
A WIDOW may use the deceased husband's surname as though he were Q: Who may file for the declaration of absence of an person?
still living, in accordance with article 370. (Art. 373, NCC) A: The following may ask for the declaration of absence:
1. The spouse present;
SIMILARITY AND IDENTITY OF NAMES 2. The heirs instituted in a will, who may present an
Q: What are the rules in the use of names and surnames? authentic copy of the same;
A: 3. The relatives who may succeed by the law of intestacy;
1. In case of identity of names and surnames, the 4. Those who may have over the property of the
younger person shall be obliged to use such additional absentee some right subordinated to the condition of
name or surname as will avoid confusion. (Art. 374, his death. (Art. 385, NCC)
NCC)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Q: When will the declaration of ones absence be effective? ORDINARY ABSENCE EXTRAORDINARY/
A: The judicial declaration of absence shall not take effect until QUALIFIED ABSENCE 12
6 months after its publication in a newspaper of general a. 7 YEARS, person 4 YEARS, person is presumed
circulation. (Art. 386, NCC) presumed dead for all dead for all purposes including
purposes except for those of those of opening succession;
Q: Who may be appointed as a representative of the absentee? opening succession (2 YEARS for purposes of
b. 10 YEARS, person remarriage of the spouse
A: An administrator of the absentee's property shall be
presumed dead for purposes present)
appointed in accordance with article 383. (Art. 387, NCC) of opening succession under the following
except if he disappeared circumstances:
The wife who is appointed as an administratrix of the husband's after the age of 75, in a. Person on board a vessel
property cannot alienate or encumber the husband's property, which case, a period of 5 lost during a sea voyage or an
or that of the conjugal partnership, without judicial authority. years is sufficient. aeroplane which is missing;
(Art. 388, NCC) c. 4 YEARS, person period is counted from the loss
presumed dead for purposes of the vessel or aeroplane.
of remarriage of the spouse b. Person in the armed forces
Q: When is there termination of the powers of the administrator
present. who has taken part in war
appointed by the court? c. Person in danger of death
A: The following circumstances shall terminate the powers of under other circumstances and
the administrator: his existence has not been
1. When the absentee appears personally or by means known.
of an agent;
2. When the death of the absentee is proved and his Note: In presumptive death there is no need of judicial declaration
testate or intestate heirs appear; except for purposes of remarriage.
3. When a third person appears, showing by a proper
document that he has acquired the absentee's property Q: What are the contingent rights of an absentee?
by purchase or other title. A: The following are the contingent rights of an absentee:
a. Whoever claims a right pertaining to a person whose
Note: In these cases the administrator shall cease in the performance existence is not recognized must prove that he was living at the
of his office, and the property shall be at the disposal of those who may time his existence was necessary in order to acquire said right.
have a right thereto. (Art.389, NCC) (Art. 393)
Q: What is Definite Absence? b. Without prejudice to the provision of the preceding article,
A: Or the case of Declaration of Presumptive Death when the upon the opening of a succession to which an absentee is
absentee is presumed dead. called, his share shall accrue to his coheirs, unless he has heirs,
assigns, or a representative. They shall all, as the case may be,
Q: What is Ordinary Absence? make an inventory of the property. (Art. 394)
A: When there is no danger of death and -
c. The provisions of the preceding article are understood to be
1. After an absence of 7 years - presumed dead for all without prejudice to the action of petition for inheritance or
purposes, EXCEPT for those of succession. other rights which are vested in the absentee, his
representatives or successors in interest. These rights shall not
2. After an absence of 10 years - presumed dead for be extinguished save by lapse of time fixed for prescription. In
the purpose of opening succession. But, if he the record that is made in the Registry of the real estate which
disappeared after the age of 75 years, an absence of 5 accrues to the coheirs, the circumstance of its being subject to
years shall be sufficient in order that his succession the provisions of this article shall be stated. (Art. 395)
may be opened. (Art. 390, NCC)
d. Those who may have entered upon the inheritance shall
Q: What is Extraordinary Absence? appropriate the fruits received in good faith so long as the
A: When there is danger of death and- absentee does not appear, or while his representatives or
successors in interest do not bring the proper actions. (Art. 396)
1. After an absence of 4 years - presumed dead for
ALL purposes, including the division of the estate Q: What is the effect of reappearance of an Absentee?
among the heirs, in the following instances: A: If the absentee appears, or without appearing his existence
a. A person on board a vessel lost during a sea is proved, he shall recover his property in the condition in which
voyage, or an aeroplane which is missing, who has not it may be found, and the price of any property that may have
been heard of for four years since the loss of the been alienated or the property acquired therewith; but he
vessel or aeroplane; cannot claim either fruits or rents. (Art. 392, NCC)
b. A person in the armed forces who has taken part in
war, and has been missing for four years; In view of the summary nature of proceedings under Article 41
c. A person who has been in danger of death under of the Family Code for the declaration of presumptive death of
other circumstances and his existence has not been ones spouse, the degree of due diligence set by the Court in
known for four years. (Art. 391, NCC) locating the whereabouts of a missing spouse must be strictly
complied with. It is the policy of the State to protect and
strengthen the family as a basic social institution. Marriage is
the foundation of the family. Since marriage is an inviolable
social institution that the 1987 Constitution seeks to protect
from dissolution at the whim of the parties. For respondents
failure to prove that he had a well-founded belief that his wife is
already dead and that he exerted the required amount of
diligence in searching for his missing wife, the petition for
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
declaration of presumptive death should have been denied by JUDICIAL PROCEEDINGS (RULE 108, Rules of Court)
the trial court and the Honorable Court of Appeals. 13
(Republic vs. CA, 2005) a. Summary reception of evidence may be done
ex-parte as in correction of clerical/typographical errors
(errors which are obvious to common sense)
CIVIL REGISTER b. Adversarial there is full blown trial if status of
petitioner is directly affected. Also when there is
Q: What is the Civil Register? change of name if ground is publicly known by such
A: It is the record of acts, events and judicial decrees name.
concerning the civil status of persons. (Art. 407, NCC) e.g. change of sex from male to female; petition to delete the
date of marriage in birth certificate of child; petition to insert
Q: What must be registered? date of marriage (contracted after recording of birth of child)
a. Births
b. Marriages Note: A person of alien parents cannot file a petition for change of his
c. Deaths former citizenship to Filipino. He must file first for naturalization. If of
d. legal separations Filipino mothers and born before the 1973 Constitution, the child shall
e. annulments of marriage elect Philippine citizenship.
f. judgments declaring marriages void from the beginning
g. legitimations ADMINISTRATIVE PROCEEDINGS (RA 9048)
h. adoptions a. By way of petition to be filed with the Local Civil
i. acknowledgments of natural children Registrar. Copy furnished the Local Registrar
j. naturalization General (NSO Administrator)
k. loss or recovery of citizenship b. Grounds
l. civil interdiction i. Clerical errors
m. judicial determination of filiation ii. Name or nickname is ridiculous, tainted with
n. voluntary emancipation of a minor (no longer dishonor or extremely difficult to write or
applicable) pronounce
o. changes of name (Art. 408, NCC) iii. New first name or nickname has been
habitually and continuously used by the petitioner
Q: What are the duties of the clerk of court? and he has been publicly known by the first name
A: In cases of legal separation, adoption, naturalization and or nickname in the community
other judicial orders mentioned in the preceding article, the iv. Change will avoid confusion.
clerk of the court which issued the decree has the duty:
Note: Change of name can only be made once because it is a mere
a. to ascertain whether the same has been registered, and,
privilege. Middle names serve to identify the maternal lineage or filiation
b. if this has not been done, to send a copy of said decree to of a person as well as further distinguish him from others who may
the civil registry of the city or municipality where the court is have the same given name and surname as he has. The only reason for
functioning. (Art. 409, NCC). In cases of legal separation, the dropping his middle name is convenience. How such change of
adoption, naturalization and other judicial orders mentioned in name would make his integration into Singaporean society easier and
the preceding article, it shall be the duty of the clerk of the convenient is not clearly established.
court which issued the decree to ascertain whether the same (In Re: Julian Lin Wang)
has been registered, and if this has not been done, to send a
copy of said decree to the civil registry of the city or RULE 108, RULES OF COURT
municipality where the court is functioning. CANCELLATION OR CORRECTION OF ENTRIES IN THE
CIVIL REGISTRY
Q: What is the probative value of the civil register?
A: The books making up the civil register and all documents WHO MAY FILE (Sec. 1)
relating thereto shall be considered public documents and shall Any person interested in any act, event, order or decree
be prima facie evidence of the facts therein contained. concerning the civil status of persons which has been recorded
in the civil register, may file a verified petition for the
(Art. 410, NCC)
cancellation or correction of any entry relating thereto, with the
Court of First Instance of the province where the corresponding
Q: What is the liability of the civil registrar? civil registry is located.
A: Every civil registrar shall be civilly responsible for any
unauthorized alteration made in any civil register, to any person WHAT MAY BE CORRECTED (Sec. 2)
suffering damage thereby. However, the civil registrar may Upon good and valid grounds, the following entries in the civil
exempt himself from such liability if he proves that he has taken register may be cancelled or corrected:
every reasonable precaution to prevent the unlawful alteration. 1. births
(Art. 411, NCC) 2. marriages
3. deaths
Q: How may amendments be made in the entries in the civil 4. legal separations
register? 5. judgments of annulments of marriage
A: Amendments may be made judicially or administratively 6. judgments declaring marriages void from the beginning
7. legitimations
8. adoptions
9. acknowledgments of natural children
10. naturalization
11. election, loss or recovery of citizenship
12. civil interdiction
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
13. judicial determination of filiation preponderant biological support for considering him as being male. It
14. voluntary emancipation of a minor further held that it gives respect to (1) the diversity of nature; and (2)
15. changes of name how an individual deals with what nature has handed out. That is, the 14
Supreme Court respects the respondents congenital condition and his
mature decision to be a male. (Republic vs. Cagandahan)
PARTIES (Sec. 3)
GROUNDS (Sec. 4)
When cancellation or correction of an entry in the civil register
1. The petitioner finds the first name or nickname to be
is sought, the civil registrar and all persons who have or claim
ridiculous, tainted with dishonor or extremely difficult to write or
any interest which would be affected thereby shall be made
pronounce.
parties to the proceeding.
2. The new first name or nickname has been habitually and
continuously used by the petitioner and he has been publicly
NOTICE AND PUBLICATION (Sec. 4)
known, or
Upon the filing of the petition, the court shall, by an order, fix
3. The change will avoid confusion.
the time and place for the hearing of the same, and cause
reasonable notice thereof to be given to the persons named in
FORM AND CONTENTS (Sec. 5)
the petition. The court shall also cause the order to be
The petition for correction of a clerical or typographical error, or
published once a week for three (3) consecutive weeks in a
for change of first name or nickname, as the case may be, shall
newspaper of general circulation in the province.
be in the form of an affidavit, subscribed and sworn to before
any person authorized by the law to administer oaths. The
OPPOSITION (Sec. 5)
affidavit shall set forth:
The civil registrar and any person having or claiming any
1. facts necessary to establish the merits of the petition
interest under the entry whose cancellation or correction is
2. show affirmatively that the petitioner is competent to testify
sought may, within fifteen (15) days from notice of the petition,
to the matters stated
or from the last date of publication of such notice, file his
3. the particular erroneous entry or entries, which are sought to
opposition thereto.
be corrected and/or the change sought to be made.
ORDER OF THE COURT (Sec. 7)
The petition shall be supported with the following documents:
After hearing, the court may either dismiss the petition or issue
1. A certified true machine copy of the certificate or of the page
an order granting the cancellation or correction prayed for. In
of the registry book containing the entry or entries sought to be
either case, a certified copy of the judgment shall be served
corrected or changed.
upon the civil registrar concerned who shall annotate the same
2. At least two (2) public or private documents showing the
in his record.
correct entry or entries upon which the correction or change
shall be based; and
RA 9048 AS AMENDED BY RA 10172 3. Other documents which the petitioner or the city or municipal
civil registrar or the consul general may consider relevant and
Before the amendment by RA 10172, no correction must involve necessary for the approval of the petition.
the change of sex, nationality, age or status of the petitioner.
After the amendment, change of sex can now be subjected to Note: No petition for correction of erroneous entry concerning
correction without judicial order under the rules of this Act. the date of birth or the sex of a person shall be entertained
except :
WHO MAY FILE (Sec. 3) 1. Birth, if the petition is accompanied by earliest school
Any person having direct personal interest in the correction of a record or earliest school documents such as, but not limited
clerical or typographical error in an entry and/or change of first to, medical records, baptismal certificate and other
name or nickname in the civil register documents issued by religious authorities;
2. Sex, if the petition is accompanied by a certification
WHERE FILED (Sec. 3) issued by an accredited government physician attesting to
a. Citizens of the Philippines who are presently residing or the fact that the petitioner has not undergone sex change
domiciled in foreign countries may file their petition, in or sex transplant.
person, with the nearest Philippine Consulates.
b. The petitions filed with the city or municipal civil registrar PUBLICATION (Sec. 5)
or the consul general shall be processed in accordance with The petition for change of first name or nickname, or for
this Act and its implementing rules and regulations. correction of erroneous entry concerning the day and month in
the date of birth or the sex of a person, as the case may be,
Petitioners basis in praying for the change of his first name was his sex shall be published at least once a week for two (2) consecutive
reassignment. He intended to make his first name compatible with the
weeks in a newspaper of general circulation.
sex he thought he transformed himself into through surgery. However,
a change of name does not alter ones legal capacity or civil status. RA
9048 does not sanction a change of first name on the ground of sex Furthermore, the petitioner shall submit a certification from the
reassignment. Rather than avoiding confusion, changing petitioners first appropriate law enforcement agencies that he has no pending
name for his declared purpose may only create grave complications in case or no criminal record.
the civil registry and the public interest.
(Silverio vs. Republic) The petition and its supporting papers shall be filed in three (3)
copies to be distributed as follows: first copy to the concerned
The Supreme Court made use of the available evidence presented in
city or municipal civil registrar, or the consul general; second
court including the fact that private respondent thinks of himself as a
male and as to the statement made by the doctor that Cagandahan's
copy to the Office of the Civil Registrar General; and third copy
body produces high levels of male hormones (androgen), which is to the petitioner.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
MARRIAGE
15
Q: What is marriage? some instances, by
A:Marriage is a special contract of permanent union themselves.
between a man and a woman entered into in accordance Gender requirement
with law for the establishment of conjugal Contracting parties must only Contracting persons may be
be two persons of opposite two or more persons
and family life. It is the foundation of the family and an
sexes regardless of sex
inviolable social institution whose nature, consequences,
Dissolution by agreement
and incidents are governed by law and not subject to Dissolution only by death or Can be dissolved by mutual
stipulation, except that marriage settlements may fix annulment, never by mutual agreements among others.
the property relations during the marriage within the limits agreement.
provided by the Family Code. (Art. 1, FC)
PROOF OF MARRIAGE
Our Family Law is based on the policy that marriage is not a mere The best documentary evidence of a marriage is the marriage contract.
contract, but a social institution in which the State is vitally interested. A marriage contract renders unnecessary the presumption that a man
(Tuazon vs CA, 256 SCRA 158) and a woman deporting themselves as husband and wife have entered
into a lawful contract of marriage. (Villanueva vs. CA, 198 SCRA 472
It is the union (and inviolable social institution) of one man with one 1991)
woman for the reciprocal blessings of a domestic home life, and for the
birth, rearing, and education of children. In one case, the Supreme Although a marriage contract is considered primary evidence of
Court ruled that marriage is also a new relation in the maintenance of marriage, the failure to present it is not, however, proof that no
which the general public is interested. (Perido vs Perido, 63 SCRA 97) marriage took place, as other evidence may be presented to prove
marriage. (Balogbog vs. CA, 269 SCRA 259, 266 1997)
The offer of the accused to marry the victim establishes his guilt. As a
rule in rape cases, an offer of marriage is an admission of guilt. The mere fact that no record of the marriage exists in the registry of
(People v. Casao, 220 SCRA 362) marriage does not invalidate said marriage, as long as in the celebration
thereof, all requisites for its validity are present. The forwarding of a
Persons living together in apparent matrimony are presumed, in the copy of the marriage certificate to the registry is not one of said
absence of any counter-presumption or evidence special to the case, to requisites. (People vs. Borromeo, 133 SCRA 106, 110 1984)
be in fact married. The reason is that such is the common order of
society, and if the parties were not what they thus hold themselves out The defendants questioned the marriage of plaintiff by presenting the
as being, they would be living in the constant violation of decency and records of the municipality of Rosario, Cavite to show that there is no
of law. (People vs. Borromeo,133 SCRA 106, 109 1984) record of the alleged marriage. The court admitted evidence consisting
of the testimonies of witnesses. (Pugeda vs. Trias, 4 SCRA 849, 855
Appellants own admission that she was married to the victim was a 1962)
confirmation of the semper praesumitur matrimonio and the
presumption that a man and a woman so deporting themselves as The Supreme Court held that the following may be presented as proof of
husband and wife had verily acted into a lawful contract of marriage: (a)testimony of a witness to the matrimony; (b) the couples
marriage.(People v. Ignacio, 81 SCAD 138 1997) public and open cohabitation as husband and wife after the alleged
wedlock; (c) the birth and baptismal certificate of children born during
NATURE OF MARRIAGE such union; and (d) the mention of such nuptial in subsequent
documents. (Trinidad vs. Court of Appeals, et. al., 289 SCRA 188
Q: What is meant by the law when it declares marriage as an 1998)
inviolable social institution? The law favors the validity of marriage because the State is interested in
the preservation of the family and sanctity of the family is a matter of
A: Marriage is an institution in which the community is deeply constitutional concern. The burden of proof to show the nullity of the
interested. The State has surrounded it with safeguards to marriage rests upon the party seeking its nullity.(Hernandez vs. CA, 320
maintain its purity, continuity and permanence. The security SCRA 76.)
and stability of the State are largely dependent on it. It is in the
interest and duty of each member of the community to prevent The birth certificate of Sylvia was presented to prove the marriage
between Isabel and John despite the absence of the marriage
the bringing about of a condition that would shake its
certificate. The court held that the birth certificate may serve as
foundation and lead to its destruction. The incidents of the evidence to prove the marriage between Isabel and John , as it contains
status are governed by law, not by will of the parties.(Beso v. the following notable entries: (a) that Isabel and John Desantis were
Daguman, A.M. No.MTJ991211, January 28, 2000 [citing "married" and (b) that Sylvia is their "legitimate" child. (Aonuevo
Jimenez v. Republic G.R. No. L12790, August 31,1960]) v.Estate of Jalandoni G.R. NO. 178221, Dec. 1, 2010 636 SCRA 420)
MARRIAGE v. ORDINARY CONTRACT A lawyer was married three times, while the first marriage was still
subsisting, his marriage contracts as certified by the NSO was presented
MARRIAGE ORDINARY CONTRACT in the disbarment proceeding to prove his subsequent marriages. For
purposes of disbarment proceeding, these marriage contracts bearing
Ascontract
the name of respondent are competent and convincing evidence proving
Special Contract
Merely a contract that he committed bigamy.(Villatuya v. Tabalingcos, A.C. NO. 6622 676
Social Institution
SCRA 37)
Applicable Law
Governed by the law on Governed by the law on Compare the case of Aonuevo v. Estate of Jalandoni and
marriage contracts Villatuya v. Tabalingcos A.C. NO. 6622 676 SCRA 37:
Right to stipulate Whether or not the certification by the registrar of the non-existence of
GR: Not subject to stipulation marriage license is enough to prove non-issuance thereof. The records
Generally subject to stipulation reveal that the marriage contract of petitioner and the deceased bears
XPN: Property relations in no marriage license number and, as certified by the Local Civil Registrar
marriage settlement of San Juan, Metro Manila, their office has no record of such marriage
Capacity to contract license. (Cario v. Cario, G.R. NO. 132529 , Feb. 02, 2001 351 SCRA
Legal Capacity required Minors may contract thru their 127)
parents or guardians, or in
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
REQUISITES OF MARRIAGE Q: Is marriage by proxy allowed?
A: It depends.
16
Q: What are the essential requisites of marriage? 1. If performed in the Philippines No, it is not allowed, hence
A: the marriage isvoid.
1. Legal capacity of the contracting parties who must be
a male and a female Note: Philippine laws prohibit marriages by proxy. Since the marriage is
2. Consent freely given in the presence of the solemnizing performed in the Philippines, Philippine laws shall apply following the
officer. principle of lex loci celebrationis.
3. Defect in essential requisites? c. Consul general, consul or vice consul- provided both
A: Voidable parties are Filipinos and marriage takes place abroad.
4. Irregularity in formal requisites?
A: Valid, but the party responsible for such irregularity shall be d. Mayors (Arts 444 and 445 of LGC)
civilly, criminally or administratively liable.
Note: Includes Acting Mayor
MARRIAGE CEREMONY
2. Marriages in Articulo Mortis:
Q: What constitutes a valid marriage ceremony?
A: That which takes place with the: a. Ship Captain or Airplane chief- provided the marriage is
1. appearance of the contracting parties before the performed
solemnizing officer and i. during voyage even during stopovers
2. their personal declaration that they shall take each ii. Between passenger or crew members
other as husband and wife b. Military commander of a unit who is commissioned
3. in the presence of not less than 2 officer provided the marriage is performed:
witnesses of legal age. i. in the absence of chaplain
ii. within zone of military operation
Note: No particular form of ceremony or religious rite is required by iii. Between the members of the armed forces or
law. civilians
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Q: What must the solemnizing officer in a marriage in articulo Whether or not, a Filipino spouse of an alien, who is a Filipino at the
mortis do after solemnizing such marriage? time of marriage, remarry after the latter acquires a foreign divorce that
17
A: He shall state in an affidavit executed before the local civil allows her to remarry. The reckoning point is not the citizenship of the
register Or any other person legally authorized to administer parties at the time of the celebration of the marriage, but their
oaths, that the marriage was performed in articulo mortis and citizenship at the time a valid divorce is obtained abroad by the alien
that he took the necessary steps to ascertain the ages and spouse capacitating the latter to remarry. (Rep. v. Orbecido, G.R. NO.
relationship of the contracting parties and the absence of a legal 154380, Oct. 05, 2005 472 SCRA 114)
impediment to the marriage. (Art. 29, FC)
A judgment of divorce is a judicial decree, although a foreign one,
Q: will the solemnizing officers failure to execute an affidavit affecting a persons legal capacity and status that must be recorded. But
that he solemnized the marriage in articulo mortis affect the while the law requires the entry of the divorce decree in the civil
validity of marriage? registry, the law and the submission of the decree by themselves do not
A: no. it will not. The marriage will be still valid. The law ipso facto authorize the decrees registration. (Corpuz v. Sto.Tomas,
permits marriages in articulo mortis without marriage license G.R. NO. 186571, Aug. 11, 2010 628 SCRA 266)
but it requires the solemnizing officer to make an affidavit and
file it. MARRIAGE LICENSE
However, such affidavit is not an essential or formal requisite of
Q: What is the period of the validity of a marriage licence?
marriage, the same with a Marriage Contract. The signing of the
marriage contract and the affidavit is only required for the purpose of A: A marriage license is valid in any part of the Philippines only
evidencing the act, not a requisite of marriage. It does not affect the for 120 days from the date of its issuance and shall be deemed
validity of marriage. ( De Loria v. Felix, G.R No. L-9005, June 20, 1958). automatically cancelled at the expiration of said period.
Q: What are the authorized venues of marriage? Note: if the parties contracted marriage after 120 days lapsed from the
A: issuance of the marriage license, such marriage shall be considered void
for the lack of marriage license.
GENERAL RULE:
Must be solemnized publicly within the jurisdiction of
Q: what is the effect of issuance of a marriage license if a party
the authority of the solemnizing officer:
who is required by law to obtain parental advice or undergo
marriage counselling failed to do so?
1. chambers of the judge or in open court
A:Theofmarriagelicenseissuspended for3monthsfromthecompleti
2. Church, chapel or temple
onofpublication of the application.
3. Marriages at a house or place designated by the
parties with the written request to the solemnizing
Note: The marriage is valid in this case.
officer to that effect.
Q: What is the status of the marriage if the parties get married
EXEPTIONS:
within said 3month period?
1. Marriages at the point of death
A: It depends.
2. Marriage in remote places
1. If the parties did not obtain a marriage license- the marriage
3. Marriage at a house or place designated by the
shall be void for lack of marriage license.
parties with the written request to the solemnizing
2. If the parties were able to obtain a marriage license- the
officer to that effect.
marriage shall be valid without prejudice to the actions that may
Note: This provision is only directory, not mandatory. The requirement be taken against the guilty party.
that the marriage be solemnized in a particular venue or a public place
is not an essential requisite for the validity of the marriage. Q: Who issues the marriage license?
A: The local civil registrar of the city or municipality where
Q: What is the exception to the rule requiring authority of the either contracting party habitually resides.
solemnizing officer?
A: Marriages contracted with either or both parties believing in Note: Obtaining a marriage license in a place other than where either
good faith that the solemnizing officer had the authority to do party habitually resides is a mere irregularity.
so.
Whether or not, a marriage license issued by a municipality or city to a
non-resident invalidates the license. Issuance of a marriage license in a
Persons who may solemnize Marriages (CASES) city or municipality, not the residence of either of the contracting
parties, and issuance of a marriage license despite the absence of
The respondent Judge solemnized marriage without the requisite publication or prior to the completion of the 10-day period for
marriage license. Where a judge solemnizes a marriage outside his publication are considered mere irregularities that do not affect the
courts jurisdiction, there is a resultant irregularity in the formal requisite validity of the marriage. (Alcantara v. Alcantara, G.R. NO. 167746 , Aug.
laid down in article 3, which while it may not affect the validity of 28,2007 531 SCRA 446)
marriage, may subject the officiating official to administrative liability.
(Araes v. Occiano, A.M. 02-1390 , April 11, 2002 380 SCRA 402) The Municipal Civil Registrar of Carmona, Cavite, where the marriage
license of Gloria and Syed was allegedly issued, issued a certification to
The court does not accept the arguments of the respondent judges that the effect that no such marriage license for Gloria and Syed was issued,
the ascertainment of the validity of the marriage license is beyond the and that the serial number of the marriage license pertained to another
scope of the duty of a solemnizing officer especially when there are couple, Arlindo Getalado and Myra Mabilangan. The fact that the names
glaring pieces of evidence that point to the contrary. As correctly in said license do not correspond to those of Gloria and Syed does not
observed by the OCA, the presumption of regularity accorded to a overturn the presumption that the registrar conducted a diligent search
marriage license disappears the moment the marriage documents do of the records of her office. (Abbas v. Abbas, G.R. NO. 183896 , Jan.
not appear regular on its face. (OCA vs. J. Necessario et al, A.M. NO. 30, 2013 689 SCRA 636)
07-1691,April 2, 2013 695 SCRA)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Compare the case of Abbas v. Abbas and Alcantara v. Alcantara 3. Marriages in remote places.
In this case the marriage license was issued on September 17,1974, NOTE: Remote Place- no means of transportation to enable the party
18
almost one year after the ceremony took place on November 15, 1973. to personally appear before the solemnizing local civil registrar.
The ineluctable conclusion is that the marriage was indeed contracted
without a marriage license. (Sy v. CA, G.R. NO. 127263 , Apr. 12, 2000 4. Marriage between parties Cohabiting for at least 5 years.
330 SCRA 550) 5. Marriages solemnized outside the Philippines where no
marriage license is required by the country where it was
Marriages Exempted from the License Requirement Art. 27 34 solemnized.
FC 6. Marriages in articulo mortis Solemnized by a ship captain
or airplane pilot.
In a marriage in articulo mortis, while it is advisable that a witness to
7. Marriages within Zones of military operation.
the marriage should sign the dying partys signature if the latter be
physically unable to do so, still if upon order of the solemnizing official,
another person should so sign, the marriage is still valid. The law as Q: What are the requisites for the 5year cohabitation exception
much as possible intends to give legal effect to a marriage. As a matter to the marriage license requirement?
of fact, no particular form for a marriage celebration is prescribed. (Cruz A: The requisites are:
v. Catandes, C.A., 39 O.G. NO. 18, p. 324)
1. Living together as husband and wife at least 5 years
The affidavit is for the purpose of proving the basis for exemption from before the marriage.
the marriage license. Even if there is failure on the part of the
solemnizing officer to execute the necessary affidavit, such irregularity
will not invalidate the marriage for the affidavit is not being required of The 5 year period must be characterized by:
the parties. (Soriano v. Felix, L-9005, June 20, 1958)
a. Exclusivity- the partners must live together exclusively,
No judicial notice can be taken of Mohammedan rites and customs for with no other partners, during the whole 5year period.
marriage. They must be alleged and proved in court. (People v. Dumpo, b. Continuity- such cohabitation was unbroken.
62 Phil. 246)
Note: The period is counted from the date of celebration of marriage. it
The solemnizing officer must execute a sworn statement that he had should be the years immediately before the day of the marriage.
ascertained the qualifications of the parties and that he had found no
legal impediment to their marriage. (Borja-Manzano vs. Sanchez, 354
2. No legal impediment to marry each other during the
SCRA 1, 5 2001)
period of cohabitation.
In this case, at the time of Pepito and respondents marriage, it cannot
be said that they have lived with each other as husband and wife for at Note: The fiveyear period of cohabitation must have been a period of
least five years prior to their wedding day because their cohabitation is legal union had it not been for the absence of marriage.
not exclusive. The Court ruled that the cohabitation contemplated under
said provisions must be in the nature of a perfect union that is valid 3. Fact of absence of legal impediment must be Present at
under the law but rendered imperfect only by the absence of the the time of the marriage.
marriage contract and characterized by exclusivity meaning no third
party was involved at anytime within the 5 years and continuity that is 4. Parties must execute an Affidavit that they are living
unbroken. (Nial vs. Bayadog 328 SCRA 122, March 14, 2000)
together as husband and wife for 5 years and that they do
not have any impediment to marry.
FOREIGN NATIONAL
5. Solemnizing officer must execute a sworn statement
Q:What is required from the contracting parties before a
that he had ascertained the qualifications of the parties
marriage license can be obtained?
and found no legal impediment to their marriage
A: Each of the contracting parties shall file a separate or
(Manzano v. Sanches, Mar. 1, 2001)
individual sworn application with the proper local civil registrar.
MARRIAGE CERTIFICATE
Note: Foreigners are further required to submit a Certificate of Legal
Capacity issued by their respective diplomatic or consular officials before
they can obtain a marriage license. MARRIAGE LICENSE v. MARRIAGE CERTIFICATE
MARRIAGE LICENSE MARRIAGE CERTIFICATE
For stateless persons or refugees, in lieu of a certificate of legal Authorization by the Best Not an essential or
capacity, an affidavit stating the circumstances showing such capacity to evidence of the state to Formal requisite of marriage.
contract marriage must be submitted. celebrate existence of the
marriage.
Q: What is the status of a marriage celebrated on the basis of a Formal requisite of marriage. Not an essential requisite of
license issued without the required Certificate of Legal marriage.
Capacity?
A:The marriage is valid as this is merely an irregularity in Note: Although a marriage contract is considered a primary evidence of
complying with a formal requirement of the law in procuring a marriage, its absence is not always proof that no marriage took place.
marriage license, which will not affect the validity of the (Delgado Vda. De la Rosa, et al. v. Heirs ofMarciana Rustia Vda. De
marriage.(Garciav.Recio,G.R.138322, October 2, 2001) Damian, et al., G.R. No. 103028,Oct. 10, 1997)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
EFFECT OF MARRIAGE CELEBRATED ABROAD
AND FOREIGN DIVORCE 2. It depends. What is material in this case is the citizenship of 19
the spouse who obtained a divorce decree abroad at the time
Q: What rules govern the validity of marriage? the decree was obtained and not their citizenship at the time
A: It depends: the marriage was celebrated.
1. As to its extrinsic validity- Lex loci celebrationis. If the Filipino spouse was naturalized as a citizen of a foreign
country before he/she obtains a divorce decree and was
Note: Locus regit actum the act is governed by the law of the place thereafter capacitated to remarry, the Filipino spouse will be
where it is done is adhered to here in the Philippines as regards the capacitated to remarry.
extrinsic validity of marriage.
Note: Although said provision only provides for divorce obtained abroad
2. As to its intrinsic validity- Personal law by the foreign spouse in a valid mixed marriage, the legislative intent
would be rendered nugatory if this provision would not be applied to a
Note: Personal law may either be the national law or the law of the situation where there is a valid marriage between two Filipino citizens,
place where the person is domiciled. If the person involved is a stateless one of whom thereafter is naturalized as a foreign citizen and obtains a
person, domiciliary rule applies, otherwise, lex nationalii applies. valid divorce decree capacitating him or her to remarry, as in this case.
To rule otherwise would be to sanction absurdity andinjustice. (Republic
Q: What is the status of marriages between Filipinos v. Orbecido III, GR. No. 154380, Oct. 5, 2005).
solemnizedabroad in accordance with the law in force in said
The naturalization of one of the parties, as well as the divorce decree
country?
obtained by him or her, must be proven as a fact under our rules on
A: evidence. The foreign law under which the divorce was obtained must
General Rule: likewise be proven as our courts cannot take judicial notice of foreign
Marriages between Filipinos solemnized outside the Philippines laws.
in accordance with the law of the foreign country where it is
celebrated, if valid there, shall be valid here as such. However, if the Filipino spouse remained to be a citizen of the
Philippines when he/she obtained a divorce decree abroad, such decree
Exception: will not be recognized in the Philippines even if that spouse is
subsequently naturalized as a citizen of a foreign country. This is so
It shall be void, even if it is valid in the foreign country where
because at the time the spouse obtained the divorce decree, he/she
the marriage was celebrated, if any of the following was still a citizen of the Philippines and being naturalized afterwards
circumstances are present: does not cure this defect. (See: Republic v. Iyoy, G.R. No. 152577,
September 21, 2005.)
1. Lack of legal capacity even with parental consent (e.g. party
is below 18); Note: Burden of Proof- lies with "the party who alleges the existence of
2. Incestuous; a fact or thing necessary in the prosecution or defense of an action."
3. Contracted through Mistake of one party as tothe identity of Since the divorce was a defense raised by respondent, the burden of
the other; proving the pertinent foreign law validating it falls squarely upon him.
Courts cannot take judicial notice of foreign laws. The power of judicial
4. Contracted following the annulment or declaration of nullity
notice must be exercised with caution, and every reasonable doubt
of a previous marriage but before partition, etc.; upon the subject should be resolved in the negative. (Garcia v. Recio,
5. Bigamous or polygamous except as provided inArt. 41 FC on G.R. No. 138322, Oct. 2, 2001)
terminable bigamous marriages;
6. Void due to Psychological incapacity;
7. Void for reasons of Public policy
1. May the Filipino spouse remarry despite the fact that divorce
is not valid in the Philippines?
2. Will your answer be the same if it was a valid marriage
between Filipinos?
A.
1. Yes, the Filipino spouse is capacitated to remarry just as the
alien spouse is capacitated. Divorce validly obtained abroad by
the alien spouse capacitating him/her to remarry will likewise
allow the Filipino spous to remarry. This is the rule laid down in
Article 26 (2) of the Family Code.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
marriages unless such marriages were contracted with either or
VOID AND VOIDABLE MARRIAGES both parties believing in good faith that the solemnizing officer
had the legal authority to do so:
20
Q: What may be the status of marriages? 5. Contracted through mistake of one of the contracting
A: party as to the identity of the other;
1. Valid 6. Bigamous or polygamous marriages;
2. Void 7. Subsequent marriages that are void under Art. 53 FC;
3. Voidable 8. Marriages contracted by any party, who at the time of the
celebration of the marriage, was Psychologically incapacitated;
VOID MARRIAGES v. VOIDABLE MARRIAGES 9. Incestuous Marriages (Art. 37, FC)
Void Marriages Voidable Marriages 10. Marriages declared void because they are contrary to Public
Status of marriage policy (Art. 38, FC).
Void ab initio Voidable: Valid until annulled
Petition filed
1. ABSENCE OF REQUISITES
Declaration of Nullity of Marriage Annulment of Marriage
Who may file
GR: Solely by the husband or GR: Offended Spouse A. GENDER REQUIREMENT
wife.
XPN: Any real party in interest, EXC: Q: What is the status of a marriage between Filipinos if the
only in the following cases: 1. Parents or guardians before parties thereto are of the same sex?
the party reaches 21 years old on A: Void. For a marriage to be valid, it must be between persons
1. Nullity of marriage cases the ground of Lack of Parental of opposite sexes.
commenced before the Authority.
effectivfity of A.M. No. 02-11-10-
Q: In case of a change in sex, can the person who has
March 15, 2013.
undergone said change be allowed to marry another of the
2. Marriages celebrated during same sex as he/she originally had?
the effectivity of the Civil Code. A: It depends upon the cause for the change in sex.
(De Dios Carlos v. Sandoval, G.R. 1. If the change is artificial- No, he/she cannot.
No. 179922, December 16,
2008.) Note: The sex or gender at the time of birth shall be taken into
Prescriptive Period account. He is still, in the eyes of the law, a man although because of
No prescriptive Period GR: Within 5 years from the artificial intervention, he now has the physiological characteristics of
discovery of the ground. a woman (Silverio v. Republic, G.R. No. 174689, Oct.22, 2007)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Q: What is the effect of lack of free and voluntary consent? 5. CONTRACTED THROUGH MISTAKE
A: When consent is obtained through mistake, fraud, force, 21
intimidation or undue influence, or when either of the Q: For the marriage to be void, on what circumstance must the
contracting party is of unsound mind at the time of the mistake refer to?
celebration of the marriage, the marriage is annullable. (Art. A: For marriage to be rendered void, the mistake in identity
45, FC) must be with reference to the actual physical identity of other
party, not merely a mistake in the name, personal
Q: What is the status of marriages where one or both of the qualifications, character, social standing, etc. (Rabuya, p. 213)
parties are below 18 years of age?
A: It is void for lack of legal capacity. Judicial Declaration of nullity of marriages
Q: Would your answer be the same if their parents consented Other than for purposes of remarriage, no judicial action is necessary to
to the marriage? declare a marriage an absolute nullity. For other purposes, such as but
A: Yes. Parental consent does not have the effect of curing this not limited to determination of heirship, legitimacy or illegitimacy of a
defect. child, settlement of estate, dissolution of property regime, or a criminal
case for that matter, the court may pass upon the validity of marriage
Q: What if the marriage was a mixed marriage where the even in a suit not directly instituted to question the same so long as it is
Filipino is 18 years old but the foreigner is below 17 years of essential to the determination of the case. (Ablaza v. Republic, G.R. NO.
age. What is the status of the marriage? 158298 , Aug. 11, 2010 628 SCRA 27)
A: It depends. If the national law of the foreigner recognizes 17
year old persons to be capacitated to marry, then their marriage Article 40 is applicable to remarriages entered into after the effectivity
is valid, otherwise it is void. of the Family Code on August 3, 1988 regardless of the date of the first
marriage. (Atienza vs. Brillantes, Jr., 243 SCRA 32,35 1995)
Note: Lex nationalii applies
A judicial declaration of nullity of a previous marriage is necessary
LACK OF AUTHORITY OF SOLEMNIZING OFFICER before a subsequent one can be legally contracted and that one who
enters into a subsequent marriage without first obtaining such judicial
Q: What is the effect of lack of authority of solemnizing officer? declaration is guilty of bigamy. (Mercado vs. Tan, 337 SCRA 122 2000)
A:
General Rule: The existence and the validity of the first marriage being an essential
The marriage is void ab initio. element of the crime of bigamy, it is but logical that a conviction for
said offense cannot be sustained where there is no first marriage to
Exception: speak of. (Morigo v.People, G.R. NO. 145226, Feb. 06, 2004 422 SCRA
1. Express If either or both parties believed in good 376
faith that the solemnizer had the legal authority to do
so. (Art. 35, FC) Whether or not the declaration of the first marriage as void ab initio on
2. Implied Article 10 in relation to Article 26 of the the ground of psychological incapacity is a defense for the crime of
Family Code. If the marriage between a foreigner and bigamy. In this case, even if petitioner eventually obtained a declaration
a Filipino citizen abroad solemnized by a Philippine that his first marriage was void ab initio, the point is, both the first and
consul assigned in that country is recognized as valid the second marriage were subsisting before the first marriage was
in the host country, such marriage shall be considered annulled. (Jarillo v.People, G.R. NO.164435 , Sept. 29, 2009 601 SCRA
as valid in the Philippines. ( Sta. Maria Jr., Persons and 236)
Family Relations Law)
Whether or not, the nullity of the second marriage on the G.R.ound of
4. SOLEMNIZED WITHOUT LICENSE PI is a valid defense for the crime of bigamy. The declaration of the
nullity of the second marriage on the ground of psychological incapacity
Q: Judge Palaypayon solemnized marriages even without the is not an indicator that petitioners marriage to Ancajas lacks the
requisite marriage license. Thus, some couples were able to get essential requisites for validity. (Tenebro v. CA, G.R. NO. 150758 , Feb.
married by the simple expedient of paying the marriage fees as 18, 2004 423 SCRA 272)
a consequence, their marriage contracts did not reflect any
marriage license number. In addition, the judge did not sign To conclude, the issue on the declaration of nullity of the marriage
their marriage contracts and did not indicate the date of the between petitioner and respondent only after the latter contracted the
solemnization, the reason being that he allegedly had to wait for subsequent marriage is, therefore, immaterial for the purpose of
the marriage license to be submitted by the parties. Such establishing that the facts alleged in the information for Bigamy does
marriage contracts were not filed with the Local Civil Registry. not constitute an offense. Following the same rationale, neither may
Are such marriages valid? such defense be interposed by the respondent in his motion to quash by
A: No. The Family Code pertinently provides that the formal way of exception to the established rule that facts contrary to the
requisites of marriage are, inter alia, a valid marriage license, allegations in the information are matters of defense which may be
except in the cases provided for therein. Complementarily, it raised only during the presentation of evidence. (Antone v. Beronilla,
declares that the absence of any of the essential or formal G.R. NO.183824, Dec. 08, 2010 637 SCRA 615)
requisites shall generally render the marriage void ab initio and
that, while an irregularity in the formal requisites shall not affect
the validity of the marriage, the party or parties responsible for
the irregularity shall be civilly, criminally and administratively
liable. (Cosca v. Palaypayon A.M. No. MTJ92-721, Sept. 30,
1994)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
The crime of bigamy was committed by petitioner on 10 December 2001 7. PSYCHOLOGICAL INCAPACITY
when he contracted a second marriage with Edita. The finality on 27
June 2006 of the judicial declaration of the nullity of his previous Q: What is psychological incapacity?
22
marriage to Thelma cannot be made to retroact to the date of the A:There is no exact definition for psychological incapacity, but it
bigamous marriage. (Teves v.People, G.R. NO.188775 , Aug 24, 2011 was defined by the Supreme Court as no less than mental (not
656 SCRA 307) physical) incapacity that causes a party to be truly incognitive of
the basic marital covenants that concomitantly must be
Indeed, Article 13(2) of the Code of Muslim Personal Laws states that in assumed and discharged by the parties to the marriage.
case of a marriage between a Muslim and a non-Muslim, solemnized not
in accordance with Muslim law or this Code, the [Family Code of the The intendment of the law has been to confine the meaning of
Philippines, or Executive Order NO. 209, in lieu of the Civil Code of the "psychological incapacity" to the most serious cases of
Philippines] shall apply." Thus, regardless of his professed religion, personality disorders clearly demonstrative of an utter
Nollora cannot claim exemption from liability for the crime of bigamy. insensitivity or inability to give meaning and significance to the
(Nollora v. People, G.R. NO.191425 , Sept. 7, 2011 657 SCRA 330) marriage. (Santos v. CA, G.R. No. 112019, Jan. 4, 1995)
Respondent exhibited a deplorable lack of that deG.R.ee of morality Q: What are the requisites of psychological incapacity?
required of him as a member of the bar. He made a mockery of A:
marriage, a sacred institution demanding respect and dignity. (Villatuya 1. Juridical antecedence- must be rooted in the history of
v. Tabalingcos, A.C. NO. 6622 , July 10, 2012 676 SCRA 37) the party antedating the marriage, although overt
manifestations may arise only after such marriage.
6. BIGAMOUS MARRIAGES 2. Gravity- grave enough to bring about the disability of
the party to assume the essential marital obligations.
Q: If a person contracts a subsequent marriage during the 3. Permanence or incurability- must be incurable. If
subsistence of a prior marriage, what is the status of the curable, the cure should be beyond the means of the
subsequent marriage? parties involved.
A:
General Rule: Q: What are some instances where allegations of psychological
Void for being bigamous or polygamous. incapacity were not sustained?
Exception: A.
Valid if it is a terminable bigamous marriage. 1. Mere showing of irreconcilable differences and
conflicting personalities. (CaratingSiayngco v. Siayngco,
Q: When is a marriage considered bigamous? 2004)
A: It is when a person contracts a second or subsequent
marriage before the former marriage has been legally dissolved, 2. Mere sexual infidelity or perversion, do not by
or before the absent spouse has been declared presumptively themselves constitute psychological incapacity, as well as
dead by means of judgment rendered in the proper immaturity and irresponsibility.
proceedings. (Art. 349, RPC)
Note:It must be shown that these acts are manifestations of a
Note: The same applies to polygamy. disordered personality which would make respondent completely unable
to discharge the essential obligations of a marital state, not merely
youth, immaturity or sexual promiscuity. (Dedel vs. CA, G.R. no.
Q: May a person contract a valid subsequent marriage before a
151867, Jan.29, 2004)
first marriage is declared void ab initio by a competent court?
A: No. The Supreme Court has consistently held that a judicial
3. Disagreements regarding money matters. (Tongol v.
declaration of nullity is required before a valid subsequent
Tongol, G.R. No 157610, Oct. 19, 2007)
marriage can be contracted; or else, what transpired is a
bigamous marriage, reprehensible and immoral. Article 40 of
4. Mere abandonment
the Family Code expressly requires a judicial declaration of
nullity of marriage. (In re: Salvador v. Serafico, A.M. Note: There must be proof of natal or supervening disabling element in
200820SC, Mar 15, 2010) the personality factor that effectively incapacitates a person from
accepting and complying with the Essential Marital obligations of
Note: Under Art. 40 of the FC, before one can contract a second Marriage. (Republic v. QuinteroHamano, G.R. No. 149498,
marriage on the ground of nullity of the first marriage, there must first May 20, 2004)
be a final judgment declaring the first marriage void. If a party fails to
secure a judicial declaration of nullity of the first marriage, he or she 5. Sexual infidelity (Republic v. Dagdag, GR No. 109975,
runs the risk of being charged with bigamy as the marital bond or
February 9, 2001).
vinculum in the first nuptial subsists (Mercado v. Tan GR: 137110,
Aug.,2000; Te v. CA GR No:126746,Nov. 29,2009 ).
Q: Would the state of being of unsound mind or the
Q: What are the special cases when subsequent marriage is concealment of drug addiction, habitual alcoholism,
allowed? homosexuality or lesbianism be considered indicia of
A: psychological incapacity, if existing at the inception of marriage?
1. Marriage between a Filipino and a foreigner Explain.
and procurement by the alien spouse of a valid divorce
decree abroad, capacitating him/her to remarry. A:In the case of Santos v. CA (240 SCRA 20, 1995), the
2. Terminable bigamous marriages (Art. 41) Supreme Court held that being of unsound mind, drug
addiction, habitual alcoholism, lesbianism or homosexuality may
be indicia of psychological incapacity, depending on the degree
of severity of the disorder. However, the concealment of drug
addiction, habitual alcoholism, lesbianism or homosexuality is a
ground of annulment of marriage. (2002 Bar Question)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Psychological Incapacity Definition Whether or not a petition for nullity of marriage on the ground of
psychological incapacity may be dismiss for failure to comply with the
The Committee did not give any examples of psychological incapacity guidelines set forth in the Molina Ruling. Let it be remembered that
23
for fear that the giving of examples would limit the applicability of the each case involving the application of Article 36 must be treated
provision under the principle of ejusdem generis. Rather, the Committee distinctly and judged not on the basis of a priori assumptions,
would like the judge to interpret the provision on a case-to-case basis, predilections or generalizations but according to its own attendant facts.
guided by experience, the findings of experts and researchers in (Aurelio v. Aurelio, G.R. NO. 175367 , Jun. 6, 2011 650 SCRA 561)
psychological disciplines, and by decisions of church tribunals which,
although not binding on the civil courts, may be given persuasive effect He presented the testimonies of two supposed expert witnesses who
since the provision was taken from Canon Law. (Salita vs Hon. Magtolis concluded that respondent is psychologically incapacitated, but the
,June 13, 1994) conclusions of these witnesses were premised on the alleged acts or
behavior of respondent which had not been sufficiently proven. Sexual
Characteristics of Psychological Incapacity infidelity per se is a G.R.ound for legal separation, but it does not
necessarily constitute psychological incapacity. (Kalaw v. Fernandez,
The Supreme Court enumerated the three basic requirements of G.R. NO. 166357 , Sept 19, 2011 657 SCRA 822)
psychological incapacity as a ground for declaration of nullity of the
marriage: (a) gravity; (b) juridical antecedence; and (c) incurability. We are in no way convinced that a mere narration of the statements of
(Santos v. Court of Appeals, 240 SCRA 20 1995) Ricardo and Richardson, coupled with the results of the psychological
tests administered only on Ricardo, without more, already constitutes
Guidelines in the interpretation and application of sufficient basis for the conclusion that Teresita suffered from Narcissistic
Article 36; AM 02-11-10 SC Personality Disorder. This Court has long been negatively critical in
considering psychological evaluations, presented in evidence, derived
The burden of proof to show the nullity of the marriage belongs to the solely from one-sided sources, particularly from the spouse seeking the
plaintiff. Any doubt should be resolved in favor of the existence and
nullity of the marriage. (Toring v. Toring, G.R. NO. 165321 , Aug. 03,
continuation of the marriage and against its dissolution and nullity.
(Republic of the Philippines vs. Court of Appeals and Molina, 268 SCRA 2010 626 SCRA 389)
198, 212 1997)
In this case, the totality of evidence presented by Noel was not
According to the appellate court, the requirements in Molina and Santos sufficient to sustain a finding that Maribel was psychologically
do not apply here because the present case involves a mixed marriage, incapacitated. Noels evidence merely established that Maribel refused
the husband being a Japanese national. The court held that in proving
to have sexual intercourse with him after their marriage, and that she
psychological incapacity, we find no distinction between an alien spouse
left him after their quarrel when he confronted her about her alleged
and a Filipino spouse. (Republic vs. Quintero-Hamano, 428 SCRA 735
2004). miscarriage. (Baccay v. Baccay, G.R. No 173138 , Dec, 1, 2010 636
SCRA 350)
Failure to comply with the Essential Marital Obligations
In the present case, the petitioners testimony failed to establish that
In this case, there was no sexual contact between the parties since their the respondents condition is a manifestation of a disordered personality
marriage on May 22, 1988 up to Mar. 15, 1989 or for almost a year. The rooted on some incapacitating or debilitating psychological condition
senseless and protracted refusal of one of the parties of sexual that makes her completely unable to discharge the essential marital
cooperation for the procreation of children is equivalent to psychological obligations. If at all, the petitioner merely showed that the respondent
incapacity. (Chi Ming Tsoi vs CA, 266 SCRA 324 1997) had some personality defects that showed their manifestation during
the marriage; his testimony sorely lacked details necessary to establish
The appellate court correctly ruled that the report of Dr. Tayag failed to that the respondents defects existed at the inception of the marriage.
explain the root cause of petitioners alleged psychological incapacity. (Agraviador v. Agraviador G.R.NO.170729 , Dec. 08, 2010 637 SCRA
The evaluation of Dr. Tayag merely made a general conclusion that 519)
petitioner is suffering from an Anti-social Personality Disorder but there
was no factual basis stated for the finding that petitioner is a socially Here, the experts testimony on Dominics psychological profile did not
deviant person, rebellious, impulsive, self-centered and deceitful. identify, much less prove, the root cause of his psychological incapacity
(Marable v. Marable G.R. NO. 178741, Jan. 17, 2011 639 SCRA 557) because said expert did not examine Dominic in person before
completing her report but simply relied on other peoples recollection
In this case the court proved that respondent was the sex partner of and opinion for that purpose. Expert evidence submitted here did not
many military officials. In view of the foregoing, the badges of Bonas establish the precise cause of the supposed psychological incapacity of
alleged psychological incapacity, i.e., her sexual infidelity and Dominic, much less show that the psychological incapacity existed at
abandonment, can only be convincingly traced to the period of time the inception of the marriage. (Mendoza v. Republic, G.R. NO.
after her marriage to Jose and not to the inception of the said marriage. 157649,Nov 12, 2012 685 SCRA 16)
(Ochosa v. Alano, G.R. NO. 167459 , Jan. 26, 2011 640 SCRA 517)
In any event, sexual infidelity and abandonment of the conjugal
Article 36 contemplates incapacity or inability to take cognizance of and dwelling, even if true, do not necessarily constitute psychological
to assume basic marital obligations and not merely difficulty, refusal, or incapacity; these are simply grounds for legal separation. To constitute
neglect in the performance of marital obligations or ill will. (Yambao v. psychological incapacity, it must be shown that the unfaithfulness and
REP., G.R. NO. 184063 , Jan. 24, 2011 640 SCRA 355) abandonment are manifestations of a disordered personality that
completely prevented the erring spouse from discharging the essential
In like manner, Juvys acts of falsifying the respondents signature to marital obligations. (Republic v. Encelan, G.R. NO. 170022 , Jan. 9,
encash a check, of stealing the respondents ATM, and of squandering a 2013 688 SCRA 215)
huge portion of the P15,000.00 that the respondent entrusted to her,
while no doubt reprehensible, cannot automatically be equated with a
psychological disorder, especially when the evidence shows that these
were mere isolated incidents and not recurring acts. (Rep. v. Galang
G.R. NO. 168335 , Jun. 6, 2011 650 SCRA 524)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Evidentiary requirement A petition to declare an absent spouse presumptively dead may not be
granted in the absence of any allegation that the spouse present will
If the totality of evidence presented is enough to sustain a finding of remarry. Also, there is no showing that Gregorio conducted a search for 24
psychological incapacity, then actual medical examination of the person his missing wife w/ such diligence as to give rise to a "well founded
belief" that she is dead. The four requisites not having concurred, his
concerned need not be resorted to. (Marcos vs Marcos, 343 SCRA 755
action for the declaration of presumptive death of his wife should be
2000) denied. (Republic v. Nolasco, G.R. No. 94053, Mar. 17, 1993)
Award of Moral Damages Q: What is the effect if the parties to the subsequent marriage
obtains knowledge that the spouse absent has reappeared?
By declaring the petitioner as psychologically incapacitated, the A: None. If the absentee reappears, but no step is taken to
possibility of awarding moral damages on the same set of facts was terminate the subsequent marriage, either by affidavit or by
negated. court action, such absentee's mere reappearance, even if made
known to the spouses in the subsequent marriage, will not
The award of moral damages should be predicated, not on the mere act terminate such marriage. (SSS v. Jarque Vda. De Bailon, G.R.
of entering into the marriage, but on specific evidence that it was done No. 165545, Mar. 24, 2006)
deliberately and with malice by a party who had knowledge of his or her
disability and yet wilfully concealed the same. (Buenaventura vs CA, 454 Q: May a marriage be terminated extra judicially?
SCRA 261 2005) A: Yes. The recording of the affidavit of reappearance of the
absent spouse in the civil registry of the residence of the parties
8. INCESTUOUS MARRIAGES to the subsequent marriage shall automatically terminate the
terminable bigamous marriage unless there is a
Q:What marriages are considered incestuous? judgment annulling the previous marriage or declaring it void ab
A: Those marriages: initio. (Art. 42)
1. Between ascendants and descendants of any degree;
2. Between brothers and sisters whether of the In Art 42, FC, no judicial proceeding to annul a subsequent
full or half blood. marriage contracted under Art. 41 is necessary. Also, the
termination of the subsequent marriage by affidavit provided for
Note: Regardless of whether the relationship between the parties is legi in Art. 42 does not preclude the filing of an action in court to
timate or illegitimate. prove the reappearance of the absentee and obtain a
declaration of dissolution or termination of the subsequent
9. VOID BY REASON OF PUBLIC POLICY marriage. (SSS v. Jarque Vda. De Bailon, G.R. No. 165545, Mar.
24, 2006)
Q: What are the marriages that are void by reason of public
policy? Q: When are nonbigamous subsequent marriages void?
A: A: The subsequent marriage of a person whose prior marriage
1. Collateral blood relatives (legitimate or the has been annulled but contracted said subsequent marriage
Illegitimate) up to the 4 civil degree; without compliance with Art. 52, FC, shall be void. Before he
2. Stepparents & stepchildren; contracts a subsequent marriage, he must first comply with the
3. Parentsinlaw & childreninlaw; requirement provided for in Art. 52, viz:
4. Adopting parent & the adopted child;
5. Surviving spouse of the adopting parent The recording in the civil registries and registries of properties
& the adopted child; of the following:
6. Surviving spouse of the adopted child & the adopter;
7. Adopted child & legitimate child of the adopter; 1. Judgment of annulment;
8. Adopted children of the same adopter; 2. Partition;
9. Parties where one, with the intention to marry the 3. Distribution of properties, and
other, kills the latters spouse, or his/her spouse. 4. Delivery of presumptive legitimes
Note: List is exclusive. If not falling within this enumeration, the PRESCRIPTION
marriage shall be valid. Such as marriages between:
1. Adopted and Illegitimate child of the adopter
2. Step brother and step sister
Q: What is the prescriptive period of the action or defense for
3. Brotherinlaw and sisterinlaw the declaration of absolute nullity of marriage?
4. Parties who have been guilty of adultery or concubinage A: None. The time for filing an action or defense for the
declaration of absolute nullity of marriage, whether in a direct
10. SUBSEQUENT MARRIAGE or collateral manner, does not prescribe, even though such
party is the wrong doer.
Q: In what cases may a person enter into a valid subsequent
marriage during the subsistence of a prior marriage? Note: Any of the parties in a void marriage can file an action for the
A: In case of terminable bigamous marriages. If before the declaration of nullity of marriage even though such party is the
wrongdoer.
celebration of the subsequent marriage:
The action or defense for nullity is imprescriptible, unlike voidable
1. The absent spouse had been absent for 4 consecutive
marriages where the action prescribes. Only the parties to a voidable
years (ordinary absence) of 2 consecutive years
marriage can assail it but any proper interested party may attack a void
(extraordinary absence);
marriage. (Nial v. Bayadog G.R. NO. 133778=, Mar. 14, 2000 328
2. The present spouse has a well-founded belief that the
SCRA 122)
absent spouse is already dead;
3. There is judicial declaration of presumptive death in a
summary proceeding.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Q: What is the effect of death of a party in a petition for flawed in some manner, and to thus escape the consequences
declaration of nullity of marriages? of contracting multiple marriages. (Tenebro v. CA, G.R 25
A: .No. 150758, Feb. 18, 2004)
1. Before the entry of judgment- The court shall
order the case closed and terminated without prejudice Q: Is the judicial declaration of absolute nullity of a void
to the settlement of estate in proper proceedings. marriage necessary?
2. After the entry of judgment- The decision shall be A:
binding upon the parties and their 1. For purposes of remarriage- judicial declaration of
successorsininterest in the settlement of the estate. absolute nullity is necessary.
Q: May the heirs of a deceased person file a petition for the Note: In the instance where a party who has previously contracted a
declaration of nullity of his marriage after his death? marriage which is legally unassailable, he is required by law to prove
A: No. The advent of the Rule on Declaration of Absolute Nullity that the previous one was an absolute nullity. But this he may do on the
basis solely of a final judgment declaring such previous marriage void.
of Void Marriages marks the beginning of the end of the right of
the heirs of the deceased spouse to bring a nullity of marriage
2. For purposes other than remarriage- no judicial action is
case against the surviving spouse. While A.M. No.
necessary.
021110SC declares that a petition for declaration of absolute
nullity of marriage may be filed solely by the husband or the
Note: Here, evidence may be adduced, testimonial or documentary, to
wife, it does not mean that the compulsory or intestate heirs prove the existence of the grounds rendering such a previous marriage
are without any recourse under the law. They can still protect an absolute nullity. But these need not be limited solely to an earlier
their successional right, for, compulsory or intestate heirs can final judgment of a court declaring suchmarriage void. (Rabuya, Civil
still question the validity of the marriage of the spouses, not in Law Reviewer, 2009 ed)
a proceeding for declaration of nullity but upon the death of a
spouse in a proceeding for the settlement of the estate of the Indeed, a brother like the petitioner, albeit not a compulsory heir under
deceased spouse filed in the regular courts. the laws of succession, has the right to succeed to the estate of a
deceased brother under the conditions stated in Article 1001 and Article
However, with respect to nullity of marriage cases commenced 1003 of the Civil Code Necessarily, therefore, the right of the petitioner
before the effectivity of A.M. No. 0211-10 and marriages to bring the action hinges upon a prior determination of whether
celebrated during the effectivity of the Civil Code, the doctrine Cresenciano had any descendants, ascendants, or children (legitimate or
laid down in the Nial v. Bayadog case still applies; that the illegitimate), and of whether the petitioner was the late Cresencianos
children have the personality to file the petition to declare the surviving heir. Such prior determination must be made by the trial court,
nullity of marriage of their deceased father to their stepmother for the inquiry thereon involves questions of fact. (Ablaza v. Republic,
as it affects their successional rights. (De Dios Carlos v. G.R. NO. 158298 , Aug. 11, 2010 628 SCRA 27)
Sandoval, G.R. No. 179922, December 16, 2008).
The marriage between the late Sen. Tamano and Zorayda was
Q: If the court denies a petition for declaration of nullity of celebrated in 1958, solemnized under civil and Muslim rites. The only
marriage based on psychological incapacity, may a party to the law in force governing marriage relationships between Muslims and
said case file another petition for declaration of its nullity based non-Muslims alike was the Civil Code of 1950, under the provisions of
on the absence of marriage license? which only one marriage can exist at any given time. (Juliano-Llave v.
A: A petition to declare the marriage void due to absence of Republic, G.R. NO. 169766 , Mar. 30, 2011 646 SCRA 637)
marriage license, filed after the court denied a petition to
declare the marriage void due to psychological incapacity, is Whether a marriage may be declared void ab initio through a judgment
barred by res judicata. There is only one cause of action which on the pleadings or a summary judgment and without the benefit of a
is the nullity of the marriage. Hence, when the second case was trial. The grounds for declaration of absolute nullity of marriage must be
filed based on another ground, there was a splitting of a cause proved. Neither judgment on the pleadings nor summary judgment is
of action which is prohibited. The petitioner is estopped from allowed. So is confession of judgment disallowed. (Carlos v. Sandoval
asserting that the first marriage had no marriage license G.R. NO. 179922 , Dec. 16, 2008 574 SCRA 116)
because in the first case, he impliedly admitted the same when
he did not question the absence of a marriage license. Litigants Whether or not A.M. NO. 02-11-10-SC RULE ON DECLARATION OF
are provided with the options on the course of action ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF
to take in order to obtain judicial relief. Once an option has VOIDABLE MARRIAGES is applicable to marriages solemnized before
been taken and a case is filed in court, the parties must the effectivity of Family Code. NO. The Rule on Declaration of Absolute
ventilate all matters and relevant issues therein. The losing Nullity of Void Marriages and Annulment of Voidable Marriages as
party who files another action regarding the same controversy
contained in A.M. NO. 02-11-10-SC which the Court promulgated on
will be needlessly squandering time, effort and financial
March 15, 2003 (Bolos v. Bolos, G.R. NO. 186400 , Oct. 20, 2010 634
resources because he is barred by law from litigating the same
SCRA 429)
controversy all over again. (Mallion v. Alcantara, G.R. No.
141528, Oct. 31, 2006)
Judicial Declaration of Presumptive Death
Q: Is the declaration of nullity of marriage applied Whether or not, the rule under the FC, that a judicial declaration of
prospectively? presumptive death of the absent spouse is necessary before the present
A: No, it retroacts to the date of the celebration of the spouse can remarry, has a retroactive effect. A judicial declaration of
marriage. However, although the judicial declaration of nullity of absence of the absentee spouse is not necessary as long as the
a marriage on the ground of psychological incapacity retroacts prescribed period of absence is met. It is equally noteworthy that the
to the date of the celebration of the marriage insofar as the marriage in these exceptional cases are, by the explicit mandate of
vinculum between the parties is concerned, it must be noted Article 83, to be deemed valid "until declared null and void by a
that the marriage is not without legal consequences or effects.
competent court." (Armas v. Calisterio, G.R. NO.136467, Apr. 06, 2000
One such consequence or effect is the incurring of criminal
330 SCRA 201)
liability for bigamy. To hold otherwise would be to render
nugatory the State's penal laws on bigamy as it would allow
individuals to deliberately ensure that each marital contract be
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Requisites for Declaration of Presumptive Death Effects of Bad Faith
In the case at bar, the Court considers that the investigation allegedly Bad faith imports a dishonest purpose or some moral obliquity and
26
conducted by respondent in his attempt to ascertain Janet Monica conscious doing of wrong it partakes of the nature of fraud, a breach of
Parker's whereabouts is too sketchy to form the basis of a reasonable or a known duty through some motive of interest or ill-will. (Armas v.
well-founded belief that she was already dead. When he arrived in San Calisterio, G.R. NO.136467, Apr. 06, 2000 330 SCRA 201)
Jose, Antique after learning of Janet Monica's departure, instead of
seeking the help of local authorities or of the British Embassy, he VOIDABLE MARRIAGES
secured another seaman's contract and went to London, a vast city of
many millions of inhabitants, to look for her there. (Rep. v. Nolasco, Q: What is the effect if a marriage is voidable?
G.R. NO. 94053 , Mar. 17, 1993 220 SCRA 20) A: A voidable marriage is considered valid
and produces all itscivil effects until it is set aside by final judgm
Retroactive Application of Art. 41 ent of a competent court in an action for annulmet. (Rabuya,
Persons, p. 295)
In the case at bar, the Court considers that the investigation allegedly
A voidable marriage is considered valid and produces all its civil effects
conducted by respondent in his attempt to ascertain Janet Monica
until it is set aside by final judgment of a competent court in an action
Parker's whereabouts is too sketchy to form the basis of a reasonable or
for annulment. The terms annul and null and void have different
well-founded belief that she was already dead. When he arrived in San
legal connotations and implications. Annul means to reduce to nothing;
Jose, Antique after learning of Janet Monica's departure, instead of
to nullify; to abolish; to do away with; whereas, null and void is
seeking the help of local authorities or of the British Embassy, he
something that does not exist from the beginning. (Suntay vs.
secured another seaman's contract and went to London, a vast city of
Cojuangco-Suntay, 300 SCRA 760, 771 1998)
many millions of inhabitants, to look for her there. (Rep. v. Nolasco,
G.R. NO. 94053 , Mar. 17, 1993 220 SCRA 20)
VOID AND VOIDABLE MARRIAGES AND HOW THEY MAY
Effects of Declaration of Presumptive Death BE RATIFIED
Ground Ratification
Effects of Recording of Affidavit of Reappearance
Marriage of a party 18 years Contracting party who failed to
Procedural rules of declaration of Presumptive Death of age or over but below 21 obtain parental consent:
solemnized without the
By express provision of law, the judgment of the court in a summary consent of the parents, Through free cohabitation after
proceeding shall be immediately final and executory. As a matter of guardian or person having attaining the age of 21.
course, it follows that no appeal can be had of the trial courts judgment substitute parental authority
over the party, in that order. Note: The parents cannot ratify
in a summary proceeding for the declaration of presumptive death of an
the marriage. The effect of
absent spouse under Article 41 of the Family Code (Rep. v. Tango, G.R. prescription on their part is that
NO.161062 , Jul. 31, 2009 594 SCRA 560) they are barred from contesting it
but the marriage is not yet
Even if the spouse present has a well-founded belief that the absent cleansed of its defect.
spouse was already dead, a summary proceeding for the declaration of Either party was of unsound Insane spouse: Through free
presumptive death is necessary in order to contract a subsequent mind cohabitation after coming to
reason
marriage, a mandatory requirement which has been precisely
Consent of either party was Injured party: Through free
incorporated into the Family Code to discourage subsequent marriages
obtained by fraud. cohabitation with full knowledge
where it is not proven that the previous marriage has been dissolved or of the facts constituting the
a missing spouse is factually or presumptively dead, in accordance with fraud.
pertinent provisions of law. (Navarro v. Domogtoy, A.M. NO.MTJ-96- Vices of consent such as forc Injured party: Through free
1088, Jul. 19, 1996 259 SCRA 129) e, cohabitation after the vices have
intimidation or undue influenc ceased or disappeared.
Although the result of the Court of Appeals denial of the appeal would e
Impotence and STD May not be ratified but action
apparently be the same, there is a big difference between having the
may be barred by prescription
supposed appeal dismissed for lack of jurisdiction by virtue of the fact only, which is 5 years after the
that the RTC decision sought to be appealed is immediately final and marriage.
executory, and the denial of the appeal for lack of merit. In the former,
the supposed appellee can immediately ask for the issuance of an Entry 1. UNSOUND MIND
of Judgment in the RTC, whereas, in the latter, the appellant can still
raise the matter to this Court on petition for review and the RTC Q:What is the test in determining unsoundness of mind as a
judgment cannot be executed until this Court makes the final ground for annulment?
pronouncement. (Rep. v. Bermudez-Lorino, G.R. NO. 160258 , Jan. 19, A:It is essential that the mental incapacity must relate
2005 449 SCRA 57) specifically to the contract of marriage and the test is whether
the party at the time of the marriage was capable of
As a matter of course, it follows that no appeal can be had of the trial understanding the nature and consequences of the marriage.
court's judgment in a summary proceeding for the declaration of (Rabuya persons, p. 300)
presumptive death of an absent spouse under Article 41 of the Family
Code. It goes without saying, however, that an agG.R.ieved party may Q: Who may file annulment based on unsound mind?
file a petition for certiorari to question abuse of discretion amounting to A:
lack of jurisdiction. (Rep. v. Granada, G.R. NO. 187512, June 13, 2012 General Rule:
672 SCRA 432) The sane spouse has the legal standing to file the action for
annulment only in cases where he or she contracted the
marriage without knowledge of the others insanity.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Exception: grave and incurable:
When the sane spouse had knowledge of the others insanity, 2. Annulment of marriage: 27
action for annulment may be filed only by the following; a. The drug addiction must be concealed;
1. Any relative or guardian or person having legal b. It must exist at the time of marriage;
charge of the insane c. There should be no cohabitation with full knowledgeof
2. The insane spouse during a lucid interval or after the drug addiction;
regaining sanity. (Rabuya, p. 301) d. The case is filed within five (5) years from discovery.
Q: Under what conditions, respectively, may drug addiction be a Q: What is the doctrine of triennial cohabitation?
ground, if at all, for the declaration of nullity of marriage, A: If after 3 years of living together with her husband, the wife
annulment of marriage, and legal separation? remained a virgin, the husband is presumed to be impotent.
A: (Rabuya, Persons, p. 310)
1. Declaration of nullity of marriage:
a. The drug addiction must amount to psychological
incapacity to comply with the essential obligations of
marriage;
b. It must be antecedent (existing at the time of marriage),
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
6. SEXUALLY TRANSMITTED DISEASE PRESENCE OF PROSECUTOR
Q: When mayaffliction of a sexually transmitted disease (STD) The prosecuting attorney or fiscal may oppose the application for legal
28
be a ground for annulment? separation or annulment (or declaration of nullity of marriages) through
A: Requisites: the presentation of his own evidence, if in his opinion, the proof
1. One of the parties is afflicted with STD adduced is dubious and fabricated. (Tuazon vs. Court of Appeals, 256
2. STD must be: SCRA 158 1996)
a. Existing at the time the marriage is
celebrated Q: What is the role of the prosecutor or Solicitor General in all
b. Serious cases of annulment or declaration of absolute nullity of
3. apparently Incurable marriage?
4. The other spouse must not be aware of the others A: They shall take steps to prevent collusion between the
affliction parties and to take care that evidence is not suppressed.
5. Injured party must be free from STD. Concomitantly, even if there is no suppression of evidence, the
public prosecutor has to make sure that the evidence to be
Q: Yvette was found to be positive for HIV virus, considered presented or laid down before the court is not fabricated. Truly,
sexually transmissible, serious and incurable. Her boyfriend only the active participation of the public prosecutor or the
Joseph was aware of her condition and yet married her. After Solicitor General will ensure that the interest of the State is
two (2) years of cohabiting with Yvette, and in his belief that represented and protected in proceedings for declaration of
she would probably never be able to bear him a healthy child, nullity of marriages by preventing the fabrication or suppression
Joseph now wants to have his marriage with Yvette annulled on of evidence.
the ground that Yvette has STD. Yvette opposes the suit
contending that Joseph is estopped from seeking annulment of Q: When is the non-intervention of the prosecutor not fatal to
their marriage since he knew even before their marriage that the validity of the proceedings in the trial court?
she was afflicted with HIV virus. A: In cases where the respondent in a petition for annulment
vehemently opposed the same and where he does not allege
Can the action of Joseph for annulment of his marriage with that evidence was suppressed or fabricated by any of the
Yvette prosper? Discuss fully. parties. (Tuason v. CA, G.R. No. 116607, April 10, 1996)
A: No. Concealment of a sexually transmitted disease may
annul the marriage if there was fraud existing in the party Q: What are the actions prohibited in annulment and
concerned. In this case, there was no fraud because Joseph declaration of absolute nullity of marriage cases?
knew that Yvette was suffering from HIV when he married her. A:
(par 3, Art. 46, Family Code) 1. Compromise
2. Confession of judgment
ARTICLE 45 v. ARTICLE 46 3. Stipulation of facts
4. Summary judgment
Article 45 Article 46 5. Judgment on the pleadings
Affliction Concealment
The fact of being afflicted is the The act of concealing is the Note: What the law prohibits is a judgment based exclusively or mainly
ground for annulment ground for annulment as it on defendant's confession. (Ocampo v. Florenciano, 107 Phil. 35). Thus,
constitutes Fraud. stipulation of facts or confession of judgment if sufficiently supported by
Whether concealed or not. There must be concealment other independent substantial evidence to support the main ground
Must be serious and incurable Does not have to be serious and relied upon, may warrant an annulment or declaration of absolute
incurable nullity.
WHO MAY FILE AND WHEN SHOULD PETITION FOR PENDENCY OF ACTION
ANNULMENT OF VOIDABLE MARRIAGES BE FILED
Who may file When to file Q: What is the duty of the Court during the pendency of the
Marriage was solemnized without the consent of the action for annulment, declaration of absolute nullity of marriage
parents, guardian or person having substitute parental or legal separation?
authority over the party
A: The Court shall, in the absence of adequate written
Contracting party Within 5 years after
attaining the age of 21 agreement between the spouses, provide for the:
Parent, guardian, or person having legal At any time before
charge of the contracting party such party has 1. Support of the spouses
reached the age of 21 2. Support and custody of the common children.
Either party was of unsound mind 3. Visitation rights of the other parent.
Sane spouse who had At any time before the
no knowledge of the others insanity death of either party EFFECTS OF NULLITY
Any relative, guardian or person having At any time before the Q:What rule governs the liquidation of properties in marriages
legal charge of the insane death of either party
declared void or annulled by final judgment?
Insane spouse During a lucid interval or A:
after regaining sanity 1. Void marriages:
The consent of either party was obtained by fraud
Injured party Within 5 years after the General Rule: The rules on coownership under the
discovery of fraud Civil Code. (Valdes v. RTC)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Note: In both instances under Articles 40 and 45, the marriages are
governed either by absolute community of property or conjugal
partnership of gains unless the parties agree to a complete separation
of property in a marriage settlement entered into before the marriage.
Since the property relations of the parties is governed by absolute
community of property or conjugal partnership of gains, there is a need
to liquidate, partition and distribute the properties. (Dino v. Dino, G.R.
No 178044, January 19, 2011)
Note: Where there was a failure to record in the civil registry and
registry of property the judgment of annulment or absolute nullity of the
marriage, the partition and distribution of the property of the spouses,
and the delivery of the childrens presumptive legitimes, it shall not
affect third persons. (Arts. 52 &53)
1. Judgment of annulment;
2. Partition;
3. Distribution of properties; and
4. Delivery of presumptive legitimes.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
6. Physical violence or moral pressure to compel petitioner to
LEGAL SEPARATION change religious or political affiliation;
7. Bigamous marriage Subsequently contracted by respondent
30
Also without merit is the argument of William that since Lucita has
in the Philippines or abroad
abandoned the family, a decree of legal separation should not be
8. Sexual Infidelity or perversion;
granted, following Art. 56, par. (4) of the Family Code which provides
9. Lesbianism/homosexuality of respondent;
that legal separation shall be denied when both parties have given
ground for legal separation. The abandonment referred to by the Family Note: It must exist after celebration of marriage.
Code is abandonment without justifiable cause for more than one year.
(Ong v. Ong, G.R. NO. 153206 , Oct. 23, 2006 505 SCRA 76) 10. Abandonment of petitioner by respondent
without justifiable cause for
De facto Separation vs. Legal Separation, Article 63 more than 1 year.
The fact that Manzano and Payao had been living apart from their
respective spouses for a long time already is immaterial. Article 63(1) of Q:What acts are considered acts of violence under R.A. 9262?
the Family Code allows spouses who have obtained a decree of legal A:
separation to live separately from each other, but in such a case the 1. Causing, threatening to cause, or attempting to
marriage bonds are not severed. (Manzano vs. Sanchez, A.M. NO.00- cause physical harm to the woman or her child;
1329, Mar. 08, 2001 354 SCRA 1)
2. Placing the woman or her child in fear of imminent
On the claims of Rosanna, it bears stressing that for her to qualify as a physical harm;
primary beneficiary, she must prove that she was "the legitimate spouse
dependent for support from the employee, whether one is actually
dependent for support upon the other is something that has to be 3. Attempting to compel or compelling the woman or
shown; it cannot be presumed from the fact of marriage alone. The her child:
obvious conclusion then is that a wife who is already separated de facto a. to engage in conduct which the woman or her
from her husband cannot be said to be "dependent for support" upon child has the right to desist from; or
the husband, absent any showing to the contrary. (SSS v. Aguas, G.R. b. desist from conduct which the woman or her
NO. 165546 , Feb. 27, 2006 483 SCRA 383) child has the right to engage in,
Rule on Provisional Orders (AM 02-11-12 SC);
4. Attempting to restrict or restricting the womans or
The effects of legal separation, such as entitlement to live separately, her childs freedom of movement or conduct by:
dissolution and liquidation of the absolute community or conjugal
a. Force, or
partnership, and custody of the minor children, follow from the decree
b. threat of force;
c. physical, or
of legal separation. They are not separate or distinct matters that may
d. other harm, or
be resolved by the court and become final prior to or apart from the
e. threat of physical or other harm;
decree of legal separation. (Baez vs. Baez, G.R. NO. 132592 , Jan.
f. intimidation directed against the woman or
23, 2002 374 SCRA 340)
child.
Whether or not, the order declaring in default a respondent in a legal
This shall include, but not limited to, the following acts
separation case amounts to grave abuse of discretion. In case of non-
committed with the purpose or effect of controlling or restricting
appearance of the defendant, the court shall order the prosecuting
the womans or her childs movement or conduct:
attorney to inquire whether or not a collusion between the parties
exists. If there is no collusion, the prosecuting attorney shall intervene i. Threatening to deprive or actually depriving the
for the State in order to take care that the evidence for the plaintiff is woman or her child of custody to her/his family;
not fabricated. (Pacete vs. Carriaga, G.R. NO. 53880, Mar. 17, 1994 231
SCRA 321) ii. Depriving or threatening to deprive the woman or
her children of financial support legally due her or her
When the trial court issued its order dated November 8, 2006, it held family, or deliberately providing the womans children
that although the Decision dated October 10, 2005 has become final insufficient financial support;
and executory, it may still consider the Motion for Clarification because
the petitioner simply wanted to clarify the meaning of "net profit iii. Depriving or threatening to deprive the woman or
earned." (Quiao vs. Quiao, G.R. NO.176556 , July 4, 2012 675 SCRA her child of a legal right;
642)
iv. Preventing the woman in engaging in any
GROUNDS FOR LEGAL SEPARATION legitimate profession, occupation, business or activity
or controlling the victims own money or properties,
Q: What are the grounds for legal separation? or solely controlling the conjugal or common money
A: or properties;
1. Repeated Physical violence or grossly abusive conduct
against petitioner, common child, child of petitioner; 5. Inflicting or threatening to inflict physical harm on
2. Attemptto corrupt or induce petitioner, common child, oneself for the purpose of controlling her actions or
child of petitioner to engage in prostitution, or connivance in decisions;
such corruption or inducement;
3. Attempt by respondent against the life of petitioner; 6. Causing or attempting to cause the woman or her
4. Final judgment sentencing respondent to imprisonment of child to engage in any sexual activity which does not
more than 6 years; constitute rape, by:
5.Drug addiction or habitual alcoholism of respondent; a. Force, or
b. threat of force;
Note: It must exist after celebration of marriage. c. physical harm, or
d. Through intimidation directed against the
woman or her child or her/his immediate family;
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
7. Engaging in purposeful, knowing, or reckless DEFENSES
conduct, personally or through another, that alarms or 31
causes substantial emotional or psychological distress Q: What are the grounds for denial of petition for legal
to the woman or her child. separation?
a. Stalking or following the woman or her child A:
in public or private places; 1. Condonation of act complained of;
b. Peering in the window or lingering outside the 2. Consent to the commission of the offense/act;
residence of the woman or her child; 3. Connivance in the commission of the act;
c. Entering or remaining in the dwelling or on 4. Collusionin the procurement of decree of LS;
the property of the woman or her child against 5. Mutual guilt;
her/his will; 6. Prescription: 5 yrs from occurrence of cause;
d. Destroying the property and personal 7. Death of either party during the pendency of the case
belongingness or inflicting harm to animals or pets (LapuzSy v. Eufemio, G.R. No. L31429, Jan. 31, 1972);
of the woman or her child; and 8. Reconciliation of the spouses during the pendency of
e. Engaging in any form of harassment or the case (Art. 56, FC).
violence;
Q: What is the prescriptive period for filing a petition for legal
8. Causing mental or emotional anguish, public separation?
ridicule or humiliation to the woman or her child, A: An action for legal separation shall be filed within five years
including, but not limited to, repeated verbal and from the time of the occurrence of the cause (Art. 57, FC). An
emotional abus and denial of financial support or action filed beyond that period is deemed prescribed.
custody of minor children of access to the
womans child/children. Q: William filed a petition for legal separation in 1955 grounded
on Juanitas adulterous relations allegedly discovered by William
Note: The Supreme Court decided to withhold the names and identities in 1945. Was Williams action already barred by prescription?
of women and child victims, from the court records in order to respect A: Yes. Under Article 102, NCC, an action for legal separation
their dignity and protect their privacy. These rulings give effect to the cannot be filed except within one (1) year from and after the
provisions of R.A. 9262. The confidentiality or nondisclosure rule covers
plaintiff became cognizant of the cause and within five years
the withholding of information relating to the personal circumstances of
the victim which tend to establish or compromise their identities, as well from and after the date when such cause occurred.
as those of their immediate family or household members. In the
aforesaid cases, the names of the victims were substituted with In this case, Williams action is already barred because of his
initials.(People v. Melchor Cabalquinto, G.R. No. 167693, Sept.19, 2006; failure to petition for legal separation proceedings until ten
People v. Alexander Mangitngit, G.R. No. 171270, Sept. 20, 2006) years after he learned of his wife's adultery, which was upon his
release from internment in 1945. (Brown v. Yambao, G.R.
Q: What is a Protection Order under R.A. 9262? No.L10699, Oct. 18, 1957)
A: Protection order is an order issued under this act for the
purpose of preventing further acts of violence against a woman Note: This case was decided under the civil code not under the family
or her child and granting other necessary relief. (Rabuya, code.
Persons, p. 376)
Q: What is the effect of failure to interpose prescription as a
The relief granted under a protection order serves the purpose defense?
of safeguarding the victim from further harm, minimizing any A: None. While it is true that prescription was not interposed as
disruption in th victims daily life, and facilitating the opportunity a defense, nevertheless, the courts can take cognizance thereof,
and ability of the victim to independently regain control over her because actions seeking a decree of legal separation, or
life. The provisions of the protection order shall be enforced by annulment of marriage, involve public interest and it is the
law enforcement agencies. The protection orders that may be Policy of our law that no such decree be issued if any legal
issued under this act are the barangay protection order (BPO), obstacles thereto appear upon the record. (Brown v. Yambao,
temporary protection order (TPO) and permanent protection G.R. No.L10699, Oct. 18, 1957)
order (PPO).
COOLINGOFF PERIOD
Q: Who may file for protection order?
A: Q: What is the mandatory coolingoff period?
1. The offended party; A: The requirement set forth by law that an action for legal
2. Parents orguardians of the offended party; separation shall in no case shall be tried before 6 months has
3. Ascendants, descendants or collateral relatives elapsed since the filing of the petition, to enable the contending
within the fourth civil degree of consanguinity or spouses to settle differences. In other words, it is for possible
affinity; reconciliation.
4. Officers or social workers of the DSWD or social
workers of local government units (LGUs); Note: There is no coolingoff period if the ground alleged are those
5. Police officers, preferably those in charge of women under R.A. 9262 (Antiviolence against Women and
and childrens desks; Children).
6. Punong barangay or barangay kagawad;
In this interim, the court should take steps toward getting the parties to
7. Lawyer, counselor, therapist or healthcare provider
reconcile. (Pacete vs. Carriaga, Jr., G.R. NO. L-53880, March 17, 1994.)
of the petitioner;
8. At least two (2) concerned responsible citizens of
During this period, the court where the action is pending shall remain
the city or municipality where the violence against
passive and is precluded from hearing the suit. (Somosa-Ramos vs.
women and their children occurred and who has
Vamenta, Jr., G.R. NO. L-34132, July 29,1972)
personal knowledge of the offense committed.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
RECONCILIATION EFFORTS WHO MAY FILE AND WHERE SHOULD PETITION FOR
LEGAL SEPARATION BE FILED 32
Q: What is required of the Court before legal separation may be
decreed? Who may Husband or wife
A: The Court shall take steps toward the reconciliation of the file
spouses and must be fully satisfied, despite such efforts, that When to fi Within 5 years from the time of the
reconciliation is highly improbable. le occurrence of the cause
Family Court of the province or city where
the petitioner or the respondent has been
residing for at least 6 months prior to
CONFESSION OF JUDGMENT Where to
the
file
date of filing or in case of a nonresident, where he may
Q: What is the rule in rendering a judgment of legal separation be found in the
based upon a stipulation of facts or confession of judgment? Philippines, at the election of the petitioner
A: A decree of legal separation cannot be issued solely on the
basis of a stipulation of facts or a confession of judgment. The
grounds for legal separation must be proved. Neither confession EFFECTS OF FILING PETITION
of judgment nor summary judgment is allowed.
Q:What are the effects of filing of a petition for legal
Note: What the law prohibits is a judgment based exclusively ormainly separation?
on defendant's confession. (Ocampo v. Florenciano, G.R. No.L13553, A:
February 23, 1960) 1. The spouses shall be entitled to live separately from
each other.
EXTENT OF INQUIRY OF PROSECUTOR 2. In the absence of an agreement between the parties,
the court shall designate either the husband or the wife or
Q: After learning of Juanitas misconduct, William filed a petition a 3rd person to administer the absolute community or
for legal separation. During his cross-examination by the conjugal partnership property.
Assistant Fiscal, it was discovered that William lived with a
woman named Lilia and had children with her after the
liberation. The court denied the petition on the ground both of EFFECTS OF PENDENCY OF PETITION
them had incurred in a misconduct of similar nature that barred
the right of action under Art. 100, NCC. Q:What is the effect of the death of plaintiff- spouse before a
decree of legal separation?
William argues that in cross-examining him with regard to his A: The death of plaintiff before a decree of legal separation
marital relation with Lilia, who was not his wife, the Assistant abates such action. Being personal in character, it follows that
Fiscal acted as counsel for Juanita when the power of the the death of one party to the action causes the death of the
prosecuting officer is limited to finding out whether or not there action itself- action personalis moritur cum persona. Even if
is collusion, and if there is no collusion, to intervene for the property rights are involved, because these rights are mere
state. Is his argument correct? effects of the decree of legal separation, being rights in
A: The argument is untenable. It was legitimate for the Fiscal to expectation, these rights do not come into existence as a result
bring to light any circumstances that could give rise to the of the death of a party. Also under the Rules of Court, an action
inference that Juanita's default was calculated, or agreed upon, for legal separation or annulment of marriage is not one which
to enable him to obtain the decree of legal separation that he survives the death of spouse. (Lapuz v. Eufemio, G.R.
sought without regard to the legal merits of his case. No.L31429, Jan. 31, 1972)
One such circumstance is the fact of William's cohabitation with
Lilia, since it bars him from claiming legal separation by Q: May the heirs of the deceased spouse continue the suit
Express provision of Article 100 of the new Civil Code. Such (petition for decree of legal separation) if the death of the
evidence of misconduct is a proper subject of inquiry as they spouse takes place during the pendency of the suit?
may justifiably be considered circumstantial evidence of A: No. An action for legal separation is purely
collusion between the spouses. personal,therefore, the death of one party to the action causes
the death of the action itself- action personalis moritur cum
Article 101 NCC, calling for the intervention of the state persona.
attorneys in case of uncontested proceedings for legal
separation (and of annulment of marriages, under Article 88) Note:In cases where one of the spouses is dead as well as in case the
emphasizes that marriage is more than a mere contract; that it deceaseds heirs continue the suit, Separation of property and any
is a social institution in which the state is vitally interested, so forfeiture of share already effected subsists, unless spouses agree to
that its continuation or interruption cannot be made depend revive former property regime.
upon the parties themselves. It is consonant with this policy
that the inquiry by the Fiscal should be allowed to focus upon
any relevant matter that may indicate whether the proceedings
for separation or annulment are fully justified or not (Brown
v.Yambao, G.R. No. L10699, Oct. 18, 1957)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
EFFECTS OF LEGAL SEPARATION
Q: If the wife discovers after the marriage that her 33
Q: What are the effects of decree of legal separation? husband has AIDS?
A: A: Since AIDS is a serious and incurable sexually transmissible
1. Spouses entitled to live separately; disease, the wife may file an action for annulment of the
Note: Marriage bond not severed marriage on this ground whether such fact was concealed or
not from the wife, provided that the disease was present at the
2. ACP/CPG shall be dissolved or liquidated time of the marriage. The marriage is voidable even though the
Note: But offending spouse shall have no right to any share husband was not aware that he had the disease at the time of
of the net profits earned by the AC/CP which shall be forfeited
marriage.
according w/ Art. 43(2).
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
RECONCILIATION
DECLARATION OF NULLITY OF MARRIAGE v. 34
Q: What are the effects of reconciliation? ANNULMENT v. LEGAL SEPARATION
A: Declaration of Nullity of Annulment Legal
1. As to the Decree: Marriage Separation
a. During the pendency of the case: Legal Separation Marriage band
proceedings terminated in whatever stage. Dissolved Dissolved No effect,
marriage bond
b.After the issuance of the decree: Final decree of legal
remains valid
separation to be set aside
Status of children
GR: Illegitimate
2. As to the Property Regime:
XPN: Children conceived or
General Rule: With respect to separation of properties, the born of marriages before Legitimate
same shall subsist. declaration of nullity under
Arts. 36 and 53 considered
Exception: The parties, however, can come into an agreement legitimate
to revive their previous regime. Their agreement must be under Property Relations
GR: Governed either by ACP/CPG shall be dissolved &
oath and must contain a list of the properties desired to be
Article 147 or Article 148 of liquidated. [Art. 43 (2)] Share of
returned to the community or conjugal property and those the Family Code. Thus, spouse, who contracted the
which will remain separate, a list of creditors and their property regime shall be subsequent marriage in bad faith, in
addresses. liquidated pursuant to the the net profits of the community
ordinary rules onco- property or conjugal partnership,
3. As to capacity to succeed: The Family Code does not ownership. shall be forfeited in favour of the
provide for the revival of revoked provisions in a will originally common children, or if there are
made in favour of the offending party as a result of the LS. This XPN: Marriages declared void none, the children of the guilty
under Art. 40 which shall be spouse by a previous marriage, or
absence gives the innocent spouse the right to choose whether
liquidated in accordance with in default of children, the innocent
the offending spouse will be reinstituted. Art. 43 (2).(Valdes v. RTC) spouse.
Donations Propter Nuptias
4. As to the forfeited shares: Those given to the children GR: Shall remain valid. [Art. 43 (3)]
cannot be returned since the spouses are no longer the owners
of such. But those given to the innocent spouse may be XPN:
returned. 1. if done contracted the marriage
in bad faith, such donations made
Note: In an action for legal separation on the ground of adultery filed to said done shall be revoked by
by the husband, even though the defendant wife did not interpose the operation of law.
defense of prescription, nevertheless, the courts can take cognizance
thereof, because actions seeking a decree of legal separation or 2. if both spouses to the marriage
annulment of marriage, involve public interest, and it is the policy of our acted in bad faith, all donations
law that no such decree be issued if any legal obstacles thereto appear propter nuptias shall be revoked by
upon the record. Also, the husband was guilty of commission of the operation of law.
same offense by living with another woman. Insurance
If one spouse acted in bad faith,
This is an exception to the Rules of Court provision that defenses not innocent spouse may revoke his
raised in the pleadings will not be considered since provisions on designation as beneficiary in the
marriage are substantive in nature.(Brown v. Yambao, G.R. No.L10699, insurance policy even if such
Oct. 18, 1957) designation be stipulated as
irrevocable. [Art. 43 (4)]
Succession
Q: Does reconciliation automatically revive the former property
If one spouse contracted the
regime of the spouses? marriage in bad faith, he shall be
A: No. If the spouses want to revive the previous property disqualified to inherit from innocent
regime they must execute an agreement to revive the former spouse by testate and intestate
property regime, which agreement shall be submitted in court, succession. [Art. 43 (5)]
together with a verified motion for its approval. (Art. 67, Family
Code)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Exception: Giving support (Arroyo v. Arroyo, G.R. No. L17014,
RIGHTS AND OBLIGATIONS
BETWEEN HUSBAND AND WIFE
Aug. 11, 1921) 35
Q: Who fixes the family domicile?
Marital rights including coverture and living in conjugal dwelling may not A:The husband and wife.
be enforced by the extra-ordinary writ of habeas corpus. With his full
mental capacity coupled with the right of choice, Potenciano Ilusorio Note: In case of disagreement the Court shall decide.
may not be the subject of visitation rights against his free choice.
Otherwise, we will deprive him of his right to privacy. (Ilusorio v. Q: When may the Court exempt one spouse from living with the
Bildner, G.R. NO. 139789 , May 12, 200 332 SCRA 169) other?
A:
Under Article 117 of the Civil Code (now Article 73 of the Family Code), 1. If one spouse should live abroad.
the wife may exercise any profession, occupation or engage in business 2. Other valid and compelling reasons.
without the consent of the husband. In the instant case, we are
convinced that it was only petitioner Nancy Go who entered into the Note: The Court shall not grant the exemption if it is not compatible
contract with private respondent. (Go vs. CA G.R. NO.114791, May 29, with the solidarity of the family.
1997 272 SCRA 752)
Q: From where shall the expenses for the support of the family
come from?
A. ESSENTIAL OBLIGATIONS
A:
1. Community property
Q: What are the rights and obligations of the spouses?
2. In the absence thereof, from the income of separate
A:
properties.
1. Essential marital obligations :
3. In the absence of such income, from the separate
a. Live together
Note: Includes consortium and copulation
properties.
b. Observe mutual love, respect, fidelity
c. Render mutual help and support Q: Can a spouse object in the exercise by the other of his/her
profession, occupation or business?
2. Fix the family domicile (Art. 69, FC) A: Yes, but only on valid, serious and moral grounds.
3. Jointly support the family (Art. 70, FC)
Note: Other spouse may object on valid, serious and moral grounds.
a. Expenses shall be paid from the community
property
In case of disagreement, the court shall decide whether:
b. In the absence thereof from the income or fruits of
a. Objection is proper; and
their separate properties
b. Benefit has accrued to the family before
c. Inthe absence or insufficiency thereof from their
and after the objection.
separate properties
Note: The foregoing shall not prejudice right of creditors who acted in
4. Manage the household (Art. 71, FC) good faith.
5. Not to neglect duties, or commit acts which tend to bring
danger, dishonour, or injury to family (Art. 72, FC) Q: What law shall govern the property relations of spouses?
6.Either spouse may practice any legitimation A:
profession/business, even without the consent of the other. General Rule: Philippine laws shall govern, regardless of place
(Art. 73, FC) of celebration and residence of spouses, in the absence of
contrary stipulation in a marriage settlement. (Art. 80, Family
Note: Other spouse may object on valid, serious and moral grounds.
Code)
In case of disagreement, the court shall decide whether: Exception: Lex rei sitae applies:
a. Objection is proper; and
b. Benefit has accrued to the family before and after 1. Where both spouses are aliens;
the objection. 2. With respect to the extrinsic validity of contracts:
a. affecting property not situated in the Philippines;
Note: The foregoing shall not prejudice right of creditors who acted in
good faith.
and
b. executed in the country where the property is
Q: What are the other obligations of spouses? located;
A: 3. With respect to extrinsic validity of contracts:
1. Exercise the duties and enjoy the rights of parents; a. entered into in the Philippines; but
2. Answer for civil liability arising from injuries caused b. affecting property situated in a foreign country
by children below 18; whose laws require different formalities for its
3. Exercise parental authority over childrens property extrinsic validity.
(Republic v. CA, Molina, G.R. No. 108763, Feb.
13, 1997). Q: What governs the property relations of spouses?
A: The property relations shall be governed by the ff. in the
Q: May the performance of essential marital obligations be stated order:
compelled by court?
A: 1. Marriage settlement
General Rule: Performance of essential marital 2. Provisions of the Family Code
obligations under Art. 68 cannot be compelled by court 3. Local custom
because it will be a violation of personal liberty.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Q: Marriage being a contract, may the parties enter into Q: What is the effect on the ante nuptial agreement in case the
stipulations which will govern their marriage? marriage is not celebrated? 36
A: Yes, only as to their property relations during the marriage A:
subject only to the condition that whatever settlement they may General Rule: Everything stipulated in the
have must be within the limits provided by the Family Code. settlements or contracts in consideration of the
However, the nature, consequences, and effects of marriage marriage shall be rendered void.
cannot be subject to stipulation. (Rabuya, Persons, p. 398) Exception: Those not dependent upon or is not made
in consideration of the marriage subsists.
Note: Future spouses may agree upon the regime of absolute
community of property, conjugal partnership of gains, absolute
separation of property or any other regime.
DONATIONS BY REASON OF
Q: Are rights over share in the community or conjugal property MARRIAGE
waivable during the marriage?
A: The following donations are not donations propter nuptias: (1) those
General Rule: No. made in favor of the spouses after the celebration of marriage; (2)
Exception: In case of judicial separation of property. those executed in favor of the future spouses but not in consideration of
the marriage; and (3) those Ggranted to persons other than the
Note: The waiver must be in a public instrument and recorded in the spouses even though they may be founded on the marriage (Serrano
office of the local civil registrar where the marriage contract was
vs. Solomon, G.R. NO. L-12093, June 29, 1959)
recorded as well as in the proper registry of property.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
VOID DONATIONS BY THE SPOUSES GROUNDS FOR FILING AN ACTION FOR REVOCATION
OF DONATION PROPTER NUPTIAS AND THEIR 37
Q: What is the rule regarding donations made between PRESCRIPTIVE PERIODS
spouses? Grounds Period Prescriptive
A: period
1. Before the marriage: Reckoning
Point
1. Marriage is 5 yrs. Time the
General Rule: Future spouses cannot donate toeach
not celebrated marriage was not
other more than 1/5 of their present property solemnized on
(Excess shall be considered void) XPN: Those the fixed date.
automatically (Art. 1149)
Exception: If they are governed by ACP, then each rendered void by
spouse can donate to each other in their marriage law.
settlements present property without limit, provided 2. Marriage is Ground for
there is sufficient property left for their support and judicially Nullity
declared void a. Contracted Revoked by operation of law
the legitimes are not impaired.
subsequent
marriage
2. During the marriage: before prior
marriage has
General Rule: Every donation or grant of gratuitous been judicially
advantage, direct or indirect, between spouses are declared void
considered void. b. Any other 5 yrs. Finality of judicial
grounds declaration of
Exception: Moderate gifts on the occasion of any nullity (if action
is to recover
family rejoicing.
property
3. Marriage place without consent 5 yrs. Time the donor
Note: The aforementioned rules also apply to common law
of parents, when required by law came to know
spouses.
that the required
parental consent
Q: Why are donations between spouses during marriage was not
considered void? obtained.
A:
1. To protect unsecured creditors from being defrauded; 4. Marriage is annulled and donee 5 yrs. Finality of Decree
2. To prevent the stronger spouse from imposing upon the acted in bad faith
weaker spouse transfer of the latters property to the former; 5. Upon legal separation (LS), 5 yrs. Time Decree of
donee being the guilty spouse Legal separation
3. To prevent indirect modification of the marriage settlement.
has become final
6. Donation subject to resolutory 5 yrs. Happening of the
Donation between Spouses
condition and it took place resolutory
condition
Article 87 of the Family Code expressly provides that the prohibition
7. Donee committed an act 1 yr. From the donors
against donations between spouses now applies to donations between ingratitude knowledge of the
persons living together as husband and wife without a valid marriage, commission of an
for otherwise, the condition of those who incurred guilt would turn out act of ingratitude
to be better than those in legal union.
(Agapay vs. Palang, G.R. NO. 116668 , Jul. 28, 1997 276 SCRA 340) Note: Acts of ingratitude:
Respondents having proven by a preponderance of evidence that Cirila 1. Commissioof an offense against the person, honor or
and Francisco lived together as husband and wife without a valid property ofthe donor, his wife or his children under his
marriage, the inescapable conclusion is that the donation made by parental authority
Francisco in favor of Cirila is void under Art.87 of the Family
Code.(Arcaba vs. Batocael, G.R. NO.146683 , Nov.22, 2001 370 SCRA General Rule: Imputation to the donor any criminal
414) offense or any act involving moral turpitude.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
PROPERTY REGIMES
38
Q: What are the different property regimes which may be
adopted by future spouses?
A:
1. Absolute Community of Property (ACP)
2. Conjugal Partnership of Gains (CPG)
3. Absolute Separation of Property (ASOP)
4. Any other regime within limits provided by the
Family Code
1. The spouse who leaves the conjugal home or refuses to live therein,
without just cause, shall not have the right to be supported;
Q: When do the property regimes commence? 2. Subsequent marriage contracted within one year
A: Property regime commences at the precise moment of the from the death of the deceased spouse without
celebration of the marriage. liquidation of the community property or conjugal
partnership of gains, either judicially or extrajudicially,
Q: In the absence of a marriage settlement, what property as required under Arts. 103 and 130 of the Family
regime governs the property relations of spouses? Code. In such case, a mandatory regime of complete
A: separation of property shall govern the subsequent
General Rule: Absolute community of property. marriage. (Rabuya, CivilLaw Reviewer, p. 100).
(Art. 75, FC)
Prohibition on waiver of Rights, Interest, Shares and Effects
Exception:
1. For marriages contracted prior to the effectivity of Prior to the liquidation of the conjugal partnership, the interest of each
the Family Code on August 3, 1988, conjugal spouse in the conjugal assets is inchoate, a mere expectancy, which
partnership of gains shall govern the property constitutes neither a legal nor an equitable estate, and does not ripen
relations. This is so because Article 119 of the New into title until it appears that there are assets in the community as a
Civil Code will apply. The provisions ofthe Family Code result of the liquidation and settlement. The interest of each spouse is
shall have no retroactive effect because it shall impair limited to the net remainder or remanente liquido (haber ganancial)
vested rights. resulting from the liquidation of the affairs of the partnership after its
dissolution. (Abalos vs Macatangay Jr., 439 SCRA 649, 662-663 2004).
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
REVIVAL OF FORMER PROPERTY REGIME Excludes:
Q: What are the grounds for the revival of a former property 1. Property acquired during the marriage by gratuitous title
39
regime? and its fruits;
A:
1. Civil interdiction of the prisonerspouse terminates; Exception: If expressly provided by the donor,
2. Absentee spouse reappears testator or grantor that they shall form part of the
3. Court authorizes Resumption of administration by the community property
spouse formerly exercising such power;
4. Spouse who has abandoned the conjugal home returns 2. Property for personal and exclusive use of either
and resumes common life with the other; spouse;
5. Parental authority is judicially restored to the spouse
previously deprived thereof; Exception: Jewelries shall form part of the ACP
6. Reconciliation and resumption of common life of spouse because of their monetary value.
who had been separated in fact for at least 1 year; 3. Property acquired before the marriage by one with
7. Spouses agree to revive their former property legitimate descendants by former marriage and its fruits
regime. and income;
4. Those excluded by the marriage settlement.
TRANSFER OF ADMINISTRATION OF EXCLUSIVE
PROPERTY Q: In absence of evidence, does property acquired during the
marriage belong to the community property?
Q: What are the grounds for transfer of administration of the A: Property acquired during the marriage is presumed to belong
exclusive property of each spouse? to the community, unless proven otherwise by strong and
A: When one spouse: convincing evidence. (Art .93)
1. Is sentenced to penalty with civil interdiction;
2. Becomes a Fugitive from justice or is hiding as an The settled rule is that the sale or encumbrance of a conjugal property
accused in a criminal case; requires the consent of both the husband and the wife (Guiang v. CA,
3. Is judicially declared Absent; 353 Phil. 578). The absence of the consent of one renders the entire
sale or encumbrance null and void, including the portion of the conjugal
4. Becomes a Guardian of the other.
property pertaining to the husband who contracted the sale. Neither
would the conjugal partnership be liable for the loan on the ground that
Note: Transfer of administration of the exclusive property of either itredounded to the benefit of the family. The sweeping conclusion that
spouses does not confer ownership over the same. (Rodriguez v. De la the loan was obtained by the husband in order to finance the
Cruz, GR No. 3629, Sept. 28, 1907) construction of housing units, without however adducing adequate
proof, does not persuade. (Homeowners Savings & Loan Bank v. Dailo,
Spouses contribute to the family expenses proportionately to G.R. No. 153802, Mar. 11, 2005)
their income and the value of their properties.
The register of deeds is incorrect. A wife, by affixing her signature to a
On the other hand, their liability to creditors for family expenses deed of sale on the space provided for witnesses, is deemed to have
is solidary. given her implied consent to the contract of sale. The consent need not
always be explicit or set forth in any particular document so long as it
is shown by acts of the wife that such consent or approval was in fact
ABSOLUTE COMMUNITY given. (Pelayo v. Perez, G.R. No. 141323, Jun. 8, 2005)
Q: When shall the absolute community of property commence? Note: In this case, it will be noted that the sale was entered into prior
A: At the precise moment of the celebration of the to the effectivity of the FC. Because of such, Art. 173, in relation to Art.
marriage. i.e. actual time the marriage is celebrated on a certain 166 of the Civil Code, would have applied if there was a finding of lack
date. of the wife's consent. Under said provisions, the sale would have been
merely voidable, and not void.
Note: Any stipulation, express or implied, for the
commencement of the community regime at any other time Q:Will losses in gambling be charged up on the community
shall be void. property?
A: No (Art. 95). However, any winnings therefrom shall form
Q: What law governs the absolute community of property? part of the community property.
A:
1. Family code CHARGES UPON AND OBLIGATIONS OF THE
2. Provisions on coownership COMMUNITY PROPERTY
Q: What constitutes the community property? Q: What are the charges upon the ACP?
A: A:
Includes: 1. The support of the spouses, their common children,
1. All the property owned by the spouses: 2. and legitimate children of either spouse;
a. at the time of the celebration of the marriage; or 3. All debts and obligations contracted during the
b. acquired thereafter; marriage by:
2. Property acquired during the marriage by gratuitous title, a. the designated administrator spouse for the
if expressly made to form part of the community benefit of the community
property by the donor, testator or grantor; b. by both spouses
3. Jewelries, etc.; c. by one spouse with the consent of the other;
4. Winnings in gambling. 4. Debts and obligations contracted by either spouse
without the consent of the other to the extent that the
family may have been benefited;
5. All taxes, liens, charges and expenses, including major
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
or minor repairs, upon the community property; Such consent or court approval must be obtained before the
6. All taxes and expenses for mere Preservation made alienation, etc., otherwise, such will be void and obtaining such 40
during marriage upon the separate property of either consent or court approval afterwards will not validate the act. A
spouse used by the family; void act cannot be ratified.
7. Expenses to enable either spouse to commence or
complete a professional or vocational course, or other Q: What if one spouse acts without the consent of the other or
activity for selfimprovement; without court approval?
8. Ante nuptial debts of either spouse insofar as they A: If one spouse acts without the consent of the other or
have redounded to the benefit of the family; without court approval, such disposition or encumbrance is void.
9. The value of what is donated or promised by both
spouses in favor of their common legitimate children However, the transaction shall be construed as a continuing
for the exclusive purpose of commencing or completing offer on the part of the consenting spouse and the 3 person
a professional or vocational course or other activity for which may be perfected as a binding contract upon
self-improvement; acceptance by the spouse or court approval.
10. Payment, in case of absence or insufficiency of the
exclusive property of the debtorspouse, of: Q: When may one spouse resort to obtaining court approval for
any alienation, encumbrance or disposition of community
a. Ante nuptial debts of either spouse which did not property?
redound to the benefit of the family; A: In absence of the written consent of the other spouse.
b. the support of illegitimate children
of either spouse; Q: What if the community property is insufficient to cover the
c. liabilities incurred by either spouse by reason of a foregoing liabilities?
crime or quasi-delict; A:
General Rule: The spouses shall be solidarily liable
Note: The payment of which shall be considered as advances for the unpaid balance with their separate properties.
to be deducted from the share of the debtor spouse upon
liquidation of the community Exception: Those falling under paragraph 9 of Art.
94. (Antenuptial debts, support of illegitimate children,
11. Expenses of litigation between the spouses. liabilities incurred by spouse by reason of a crime or
quasidelict) in which case the esclusive
Exception: Suit is found to be groundless, it property of the spouse who incurred such debts will Be
cannot be charged against the ACP. liable. However, if the exclusive property is insufficient,
payment will be considered as advances to be
OWNERSHIP, ADMINISTRATION, ENJOYMENT AND deducted from share of debtor spouse. (Art. 94 (9)
DISPOSITION OF THE COMMUNITY PROPERTY of the Family Code)
Q: To whom does the right to administer the community Q: What is the rule on donating a community property by a
property belong to? spouse?
A: A:
General Rule: It belongs to both spouses jointly. General Rule: A spouse cannot donate any
community property without the consent of the other.
Exception: If one spouse is incapacitated or
otherwise unable to participate in the administration Exception: Moderate donations for charity or on
of the common properties- capacitated or able spouse occasion of family rejoicing or distress. (Art. 98)
may assume sole powers of administration
Q: If a spouse abandons without just cause his family or fails to
But such powers do not include: comply with obligations to the family, what are the remedies
1. Disposition; of the spouse present?
2. Alienation; or A: Petition the court for:
3. Encumbrance of the conjugal or community property. 1. Receivership;
2. Judicial separation of property;
Q: In case of disagreement, whose decision shall prevail? 3. Authority to be the sole administrator
A: That of the husband but subject to recourse to the court by of the absolute community.
the wife for proper remedy.
Q: When is there abandonment?
Note: Prescriptive period for recourse is 5 years from the date of the
A: When a spouse leaves the conjugal dwelling without
contract implementing such decision.
intention of returning.
Q: In cases of alienation, disposition or encumbrance of the
Note: 3 months disappearance without any information as to
community property, and one spouse is incapacitated or unable the spouses whereabouts shall be prima facie presumption of
to participate in the administration of the community abandonment of the other spouse. (Art. 101, FC)
property, is the approval of one spouse enough for said
alienation, disposition or encumbrance to be valid? Q: May spouses sell property to each other?
A: No. Both spouses must approve any dispositions or A:
encumbrances, and consent of the other spouse regarding the General Rule: No, such sale is considered void
disposition must be in writing, otherwise, the matter should be
brought to court and the court will give the authority, if Exceptions:
proper. 1. When a separation of property was agreed upon
in the marriage settlement;
2. When there has been a judicial separation of
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
property under Articles 135 and 136 of FC (Art. CONJUGAL PARTNERSHIP OF GAINS
1490, NCC). 41
1. GENERAL PROVISIONS
The proscription against the sale of property between spouses Q: What is the regime of CPG?
under Art. 1490 applies even to common law relationships. In A: It is the property relation formed by the husband and
an earlier ruling, the SC nullified a sale made by a husband in the wife by placing in a common fund:
favor of a concubine, after he had abandoned his family and left 1. the proceeds, product, fruits and income of their
the conjugal home where his wife and children lived, and from separate properties;
whence they derived their support, for being contrary to morals 2. those acquired by them through:
and public policy. The sale was regarded by the court as a. effort
subversive of the stability of the family, a basic social institution b. chance
which public policy cherishes and protects. (Ching v. CA, GR No.
165879, Nov. 10, 2006). Q: When shall the conjugal partnership commence?
A: At the precise moment when the marriage ceremony is
DISSOLUTION OF COMMUNITY REGIME celebrated.
Q: How is the ACP terminated? Q: What law governs the conjugal partnership?
A: A: The rules on the contract of partnership in all that is not in
1. Death of either spouse; conflict with what is expressly determined in the Family Code
2. Legal separation; and by the spouses in their marriage settlements.
3. Annulment;
4. Judicial separation of property during marriage. The regime of conjugal partnership of gains is a special type of
partnership, where the husband and wife place in a common fund the
LIQUIDATION OF THE ABSOLUTE COMMUNITY proceeds, products, fruits and income from their separate properties
ASSETS AND LIABILITIES and those acquired by either or both spouses through their efforts or by
chance. (Homeowners Savings & Loan Bank vs. Dailo, 453 SCRA 283,
Q: What is the applicable procedure in case of dissolution of 290 2005)
ACP?
A: RULES GOVERNING CPG
1. Inventory of all properties;
2. Payment of community debts; COMMENCEMENT OF THE CPG
Note: First, pay out of the community assets. If not enough husband In this provision, net profits "shall be the increase in value between the
and the wife are solidarily liable for the unpaid balance with their market value of the community property at the time of the celebration
separate properties. of the marriage and the market value at the time of its dissolution.
(Prohibition on waiver of Rights, Interest, Shares and Effects Quiao vs.
3. Delivery to each spouse of his/her remaining exclusive Quiao G.R. NO. 176556 , July 4, 2012 675 SCRA 642)
properties;
All property of the marriage is presumed to belong to the conjugal
4. Equal division of net community assets unless there is: partnership, unless it be proved that it pertains exclusively to the
a. An agreement for a different husband or to the wife. Registration in the name of the husband or the
proportion; or wife alone does not destroy this presumption. (Dewara v. Lamela G.R.
b. A voluntary waiver of such share; NO. 179010, Apr. 11, 2011 647 SCRA 483)
5. Delivery of the presumptive legitimes of the children In the case at bar, ownership over what was once a PHHC lot and
6. Adjudication of the conjugal dwelling and custody of covered by the PHHC-Bonifacio Conditional Contract to Sell was only
common children transferred during the marriage of Bonifacio and Anita. Evidently, title to
the property in question only passed to Bonifacio after he had fully paid
Q: What is the applicable procedure in the dissolution of the the purchase price on June 22, 1970. (De Leon v. De Leon G.R. NO.
ACP in case the marriage is terminated by death? 185063 , Jul. 23, 2009 593 SCRA 768)
A: Community property shall be liquidated in the same proceedi
ng for the settlement of the estate of the deceased. EXCLUSIVE PROPERTY OF EACH SPOUSE
If no judicial proceeding is instituted, the surviving spouse Consequently, as correctly held by the CA, Marilou acquired ownership
shall, judicially or extrajudicially, liquidate the community of the subject property. All rights and title of the judgment obligor are
property within 6 months from the death of the deceased transferred upon the expiration of the right of redemption. And where
spouse. (Art. 103) the redemption is made under a property regime governed by the
conjugal partnership of gains, Article 109 of the Family Code provides
Q: What if the surviving spouse failed to liquidate the that property acquired by right of redemption is the exclusive property
community property within 1 year from the death of the of the spouses redeeming the property. (Villegas v. Lingan G.R. NO.
deceased spouse contrary to Art. 103, FC? 153839 , Jun. 29, 2007 526 SCRA 63)
A: Failure to do so would render any disposition or
encumbrance involving community property of the terminated Q: What are the exclusive properties of the spouses?
marriage void. A:
1. Those brought into the marriage as his/her own;
Note: A property purchased before the marriage and fully paid during
the marriage remains to be a separate property of either spouse.
(Lorenzo v. Nicolas, L4085, July 30, 1952)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
2. Those acquired during the marriage by gratuitous title; marriage is presumed to
be conjugal in nature. However, for this presumption to ap 42
3. Those acquired by right of redemption, barter or exchange ply, the party who invokes it must first prove that it was
with exclusive property; acquired during the marriage. Here, Dolores's evidence
consisted of her marriage contract and the initial tax
4. That purchased with exclusive money of either spouse. declaration over the property. She did not identify when
she and her husband first occupied and possessed the land.
Note: The controlling factor is the source of the money used, or the Neither did she present any witness to prove that they first
money promised to be paid. (Rivera v. Bartolome, C.A., 40 O.G. 2090) occupied the property during their marriage and that they
both, worked on the land. (PintianoAnno v. Anno, G.R. No.
Q: What are the rules in cases of improvement of exclusive 163743, Jan. 27, 2006)
property?
A: Since Josefina failed to prove that she acquired the properties
1. Reverse accession If the cost of the improvement with her personal funds before her cohabitation
and the additional value is more than the value of the with Eduardo, it should be presumed and considered as
principal property at the time of the improvement, the belonging to the conjugal partnership. Art. 105 of the FC,
property becomes conjugal. which provides that the Code shall apply to conjugal
partnerships established before it took effect, without prejudice
2. Accession If the cost of the improvement and the to vested rights already acquired under the New Civil Code or
additional value other laws, applies in this case. There was no evidence adduced
is equal to or less than the value of the principal by Josefina showing that she had acquired a vested right in this
property, the entire property becomes the exclusive regard. Thus, as it appears that the properties were acquired
property of the spouses. during the subsistence of the marriage of Josefina and Eduardo,
under normal circumstances, the same should be presumed to
Presumption in Favor of Conjugality be conjugal property. (Francisco v. Master Iron Works
Construction Corp., G.R. No. 151967. Feb. 16, 2005)
For the presumption to apply, it is not even necessary to prove that the
property was acquired with funds of the partnership. In fact, even when
CHARGES UPON AND OBLIGATIONS OF THE CPG
the manner in which the property was acquired does not appear, the
presumption applies and it will be considered conjugal property. (Tan
Q: What are the charges upon the CPG?
vs. CA, 273 SCRA 229, 236 1997) A:
1. Support of the spouses, their common and the legitimate
The party who invokes it must first prove that the property was children of either spouse;
acquired during the marriage. Proof of acquisition during the coverture 2. Debts and obligations contracted by one without the
is a condition sine qua non to the operation of the presumption in favor consent of the other to
of the conjugal partnership. (Imani v. MBTC, G.R. NO.187023,Nov. 17, the extent that the family benefited;
2010 635 SCRA 357) 3. Debts and obligations contracted during the marriage by an
administrator spouse, both spouses or one with the
The words "married to" were merely descriptive of Petra Unating's consent of the other;
status at the time the lot was awarded and registered in her name. 4. Taxes, liens, charges, expenses upon conjugal property;
Since Petra Unating did not leave any other property, will or debt upon 5. Taxes and expenses for mere preservation of separate
her demise in 1948, the property in question was thus inherited by her property;
children, Felix and Catalina Villar; and her husband, Aquilino Villar. 6. Expenses for professional, vocational or selfimprovement
(Pisuea vs. Heirs of Petra Unating, G.R. NO. 132803 , Aug. 31, 1999 courses of either spouse;
313 SCRA 384) 7. Antenuptial debts to the extent the family has been
benefited;
Q: What constitutes CPG? 8. Value of what is donated or promised to common
A: legitimate children for professional, vocation or self-
1. Those acquired during the marriage with conjugal funds; improvement courses;
2. Those obtained from labor, industry, work or profession of 9. Expenses of litigation.
either or both spouse;
3. Fruits of conjugal property due or received during the A creditor cannot sue the surviving spouse of a decedent in an ordinary
marriage and net fruits of separate property; proceeding for the collection of a sum of money chargeable against the
4. Share of either spouse in hidden treasure; conjugal partnership and that the proper remedy is for him to file a
5. Those acquired through occupation such as hunting or claim in the settlement of estate of the decedent. (Alipio vs. Court of
fishing; Appeals, G.R. NO. 134100, Sept. 29, 2000)
6. Livestock in excess of what was brought to the marriage;
7. Those acquired by chance such as winnings in gamblings The burden of proof that the debt was contracted for the benefit of the
and bettings. conjugal partnership of gains lies with the creditor-party litigant claiming
as such. (Homeowners Savings & Loan Bank vs. Dailo, 453 SCRA 283
Q: What are the rules if a property is bought on installments pai 2005)
d partly from the exclusive funds of the spouses and partly from
conjugal funds? Where the husband contracts obligations on behalf of the family
A: business, the law presumes, and rightly so, that such obligation will
1. If full ownership was vested before the marriage it redound to the benefit of the conjugal partnership. (Ayala Investment &
shall belong to the buyer spouse. Development Corp. vs. Court of Appeals, 286 SCRA 272 1998)
2. If full ownership was vested during the marriage it
shall belong to the conjugal partnership.
Recovery is not warranted. The rule is all property of the
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
The barefaced fact that the shares of stocks were registered in the encouraging the separation of the spouses and extrajudicially dissolving
corporate books of Citycorp Investment Philippines solely in the name of the conjugal partnership, which is exactly what Omaa did in this case.
the petitioner-husband does not constitute proof that the petitioner- The "Kasunduan Ng Paghihiwalay" has no legal effect and is against
43
husband, not the conjugal partnership, owned the same. (Ching vs. CA, public policy. (Espinosa v. Omaa, AC. 9081, Oct 12, 2011 659 SCRA 1)
G.R. NO. 124642 , Feb. 23, 2004 423 SCRA 356)
LIQUIDATION OF THE CONJUGAL PARTNERSHIP
On the same principle, acknowledgement of the loan made by ASSETS AND LIABILITIES
Defendant-wife binds the conjugal partnership since its prceeds
redounded to the benefit of the family. Hence, defendant-husband and Q: What are the steps in the liquidation of the CPG?
defendant-wife are jointly and severally liable in the payment of the A:
loan. (Carlos vs. Abelardo, G.R. NO. 146504, Apr. 09, 2002 380 SCRA 1. Inventory of all the properties;
361) 2. Restitution of advances made to each of the spouses;
3. Reimbursement for use of exclusive funds;
To hold the conjugal partnership liable for an obligation pertaining to 4. Debts and obligations of the CP are paid;
the husband alone defeats the objective of the Civil Code to protect the 5. Delivery of exclusive properties;
solidarity and well being of the family as a unit. The underlying concern 6. Payment of losses and deterioration of movables
of the law is the conservation of the conjugal partnership. Hence, it belonging to each of the spouses;
limits the liability of the conjugal partnership only to debts and 7. Division of the net conjugal partnership;
obligations contracted by the husband for the benefit of the conjugal 8. Delivery of the childrens presumptive legitimes;
partnership. (SBTC v. Mar Tierra Corp., G.R. NO. 143382 , Nov. 29, 9. Adjudication of conjugal dwelling and
2006 508 SCRA 419) custody of children.
It is enough that the benefit to the family is apparent at the signing of Q: Upon termination of the marriage by death, how shall the
the contract. From the very nature of the contract of loan or services, community property be liquidated?
the family stands to benefit from the loan facility or services to be A: The community property shall be liquidated in the same
rendered to the business or profession of the husband. (Ros v. PNB proceeding for the settlement of the estate of the deceased
Laoag Br., G.R. NO.170166, Apr. 06, 2011 647 SCRA 334) spouse.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Administration of the Conjugal Partnership Property (Cases) carried that of her husband; Renato witnessed the fact that Leonila
contributed her hard earned savings in the amount of P36,000.00 to
A husband may sell property belonging to the conjugal partnership even complete their share in the purchase price of the properties in question
44
without the consent of the wife if the sale is necessary to answer for a in the total amount of P180,000.00. (De la Cruz v. Segovia, G.R. NO.
big conjugal liability which might endanger the familys economic 149801, Jun. 26, 2008 555 SCRA 453)
standing.
Improvement on Separate Property; Determination of
This is one instance where the wifes consent is not required and, Ownership
impliedly, no judicial intervention is necessary. (Tinitigan vs. Tinitigan,
The obligation to reimburse rests on the spouse upon whom ownership
Sr., NO. L- 45418, October 30, 1980, 100 SCRA 619)
of the entire property is vested. There is no obligation on the part of the
purchaser of the property, in case the property is sold by the owner-
Under the Civil Code, the encumbrance or alienation of a conjugal real
spouse. (Ferrer v. Ferrer, G.R. NO.166496 , Nov. 29, 2006 508 SCRA
property by the husband absent the wifes consent, is voidable and not
570)
void. (Spouses Guiang vs. Court of Appeals, G.R. No. 125172. June 26,
1998)
F. SEPARATION OF PROPERTY OF THE SPOUSES AND
The joinder of the wife, although unnecessary for an oral lease of
ADMINISTRATION OF COMMON PROPERTY BY ONE
conjugal realty which does not exceed one year in duration, is required
SPOUSE DURING THE MARRIAGE
in a lease of conjugal realty for a period of more than one year, such a
Q: In what ways can there be judicial separation of property?
lease being considered a conveyance and encumbrance within the
A: Judicial separation of property may either be voluntary or
provisions of the Civil Code requiring the joinder of the wife in the
for sufficient cause.
instrument by which real property is conveyed or encumbered. (Roxas
vs. CA G.R. NO. 92245, Jun. 26, 1991 198 SCRA 541)
Q: What are the sufficient causes for judicial separation of
property?
The sale of a conjugal property requires the consent of both the
husband and the wife. The absence of the consent of one renders the
A:
sale null and void, while the vitiation thereof makes it merely voidable.
1. Civil interdiction of the spouse of petitioner;
Only in the latter case can ratification cure the defect. (Guiang vs. CA,
2. Judicial declaration of absence;
G.R. NO. 125172, Jun. 26, 1998 291 SCRA 372) 3. Loss of parental authority as decreed by the court;
4.Abandonment or failure to comply with family
Respondent Norma Camaisa admittedly did not give her written consent obligation;
to the sale. Even G.R.anting that respondent Norma actively participated 5. Administrator spouse has abused authority;
in negotiating for the sale of the subject properties, which she denied, 6. Separation in fact for one year and reconciliation is
her written consent to the sale is required by law for its validity. highly improbable.
Significantly, petitioner herself admits that Norma refused to sign the
contracts to sell. (Jader-Manalo vs. Camaisa, G.R. NO. 147978, Jan. 23, Q: What are the effects of judicial separation of property betwe
2002 374 SCRA 498) en spouses?
A:
Rules under the Family Code 1. The absolute community or conjugal partnership is
dissolved;
In regular manner, the rules on summary judicial proceedings under the
2. The liability of the spouses to creditors shall be
Family Code govern the proceedings under Article 124 of the Family solidary with their separate properties;
Code. The situation contemplated is one where the spouse is absent, or 3. Mutual obligation to support each other continues;
separated in fact or has abandoned the other or consent is withheld or
cannot be obtained. Such rules do not apply to cases where the non- EXCEPTION: When there is legal separation
consenting spouse is incapacitated or incompetent to give consent. In
this case, the trial court found that the subject spouse "is an 4. Rights previously acquired by creditors are not
incompetent" who was in comatose. (Uy vs. CA, G.R. NO. 10955, Nov. prejudiced.
29, 2000 346 SCRA 246)
Just like the rule in absolute community of property, if the husband, REGIME OF SEPARATION OF PROPERTY
without knowledge and consent of the wife, sells conjugal property,
such sale is void. If the sale was with the knowledge but without the Q: What governs the regime of separation of property?
approval of the wife, thereby resulting in a disagreement, such sale is A:
annullable at the instance of the wife who is given five (5) years from 1. Marriage settlement
the date the contract implementing the decision of the husband to 2. Family Code in suppletory character.
institute the case. (Ravina v. Villa Abrille G.R. NO. 160708, Oct. 16,
2009 604 SCRA 120) Q: What are the kinds of separation of property?
A:
While Florindas husband did not affix his signature to the above- 1. As to extent:
mentioned Agreement, we find no ground to disturb the uniform a. Total
findings of the trial court and appellate court that Renato, by his b. Partial In this case, the property not
actuations, agreed and gave his conformity to the Agreement. As found agreed upon as separate shall pertain to
by the courts below, Renatos consent to the Agreement was drawn the absolute community.
from the fact that he was present at the time it was signed by the
sisters and their witnesses; he had knowledge of the Agreement as it 2. As to kinds of property:
was presented to him for his signature, although he did not sign the a. Present property
same because his wife Florinda insisted that her signature already b. Future property
c. Both present and future property
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Q: What are the rights of the spouses under the regime of
separation of property? PROPERTY REGIME OF UNIONS WITHOUT MARRIAGE 45
A:
1. Each spouse shall administer, dispose of, own, Art. 147 Art. 148
possess, and enjoy his or her Applicability
own separate property, without need of 1. No legal impediment Presence of legal impediment:
the consent of the other. 2. Void marriage on the 1. Adulterous relationships
ground of psychological 2. Bigamous/ polygamous marriages
2.Each spouse shall own all earnings from his or her
incapacity 3. Incestuous void marriages under
profession, business and industry and all fruits, Art 37
natural, industrial or civil, due or received during the 4. Void marriages by reason of public
marriage from his or her separate property. policy (Art. 38)
Salaries and Wages
Q: What are the liabilities for family expenses of the spouses Owned in equal shares Separately owned by the parties.
under the regime of separation of property?
A: If any is married, his/her salary
General Rule: Both spouses shall bear the family pertains to the CPG of the legitimate
marriage.
expenses in proportion to their income.
Property exclusively acquired
Belongs to party upon Belongs to such party
Exception: In case of insufficiency or default proof of acquisition
thereof, to the current market value of their separate through exclusive funds
properties.Spouses shall be solidarily liable to creditors Property acquired by both through their work or industry
for family expenses. Governed by rules of Owned in common in proportion to
coownership their
Separation of the spouses and administration of common Presumption
property by one spouse during the marriage (Art 134-142) Property acquired while No presumption of joint acquisition.
living together presumed
Under Article 143 of the Family Code, separation of property may be obtained by their joint Actual joint contribution of money,
effected voluntarily or for sufficient cause, subject to judicial approval. efforts, work or industry property or industry shall be owned by
The questioned Compromise Agreement which was judicially approved and owned by them in them in common proportion.
equal shares.
is exactly such a separation of property allowed under the law.
However, their contributions are
(Maquilan v. Maquilan, G.R. NO. 155409, Jun. 08, 2007 524 SCRA 166) If one party did not presumed equal, in the absence of
participate in acquisition: proof to the contrary.
presumed to have
PROPERTY REGIMES OF UNIONS WITHOUT MARRIAGE contributed through care
(Articles 147-148) and maintenance of
family and household
Whether or not, Articles 50, 51 and 52 in relation to Articles 102 and (Buenaventura v.
129 of the Family Code govern the disposition of the family dwelling in Buenaventura, G.R. No.
cases where a marriage is declared void ab initio, including a marriage 127358, Mar. 31, 2005)
declared void by reason of the psychological incapacity of the spouses.
Forfeiture
When only one is in GF, Shall accrue to the ACP or CPG
The rules set up to govern the liquidation of either the absolute
share of party in BF in the existing in the marriage.
community or the conjugal partnership of gains, the property regimes co-ownership be forfeited
recognized for valid and voidable marriages (in the latter case until the in favour of: If the party who acted in BF is not
contract is annulled), are irrelevant to the liquidation of the co- validly married to another or
ownership that exists between common-law spouses. (Valdes vs. RTC 1. their common children if both parties are in BF, such share
Br. 102, QC G.R. NO. 122749, Jul. 31, 1996 260 SCRA 221) 2. innocent party in be forfeited in manner provided in last
default of waiver by par. of Art. 147
The Family Code, in addition to providing that a co-ownership exists
any/all common children,
between a man and a woman who live together as husband and wife
or by their descendants
without the benefit of marriage, likewise provides that, if the parties are Proof of actual contribution
incapacitated to marry each other, properties acquired by them through Not necessary Necessary
their joint contribution of money, property or industry shall be owned by
them in common in proportion to their contributions which, in the Note: For as long as it is proven that property was acquired during
absence of proof to the contrary, is presumed to be equal. (Mallilin, Jr. marriage, the presumption of conjugality will attach regardless in whose
vs. Castillo, G.R. NO. 136803, Jun. 16, 2000 333 SCRA 628) name the property is registered. (Agapay v. Palang, G.R. No. 116726,
July 28, 1997)
Petitioners marriage to respondent was declared void under Article 36
The presumption is not rebutted by the mere fact that the certificate of
of the Family Code and not under Article 40 or 45. Thus, what governs title of the property or the tax declaration is in the name of one of the
the liquidation of properties owned in common by petitioner and spouses. (Villanueva v. CA, G.R. No. 143286, Apr. 14, 2004)
respondentare the rules on co-ownership. In Valdes, the Court ruled
that the property relations of parties in a void marriage during the Under Art. 148, only the properties acquired by both parties through
period of cohabitation is governed either by Article 147 or Article 148 of their actual joint contribution of money property or industry shall be
the Family Code. The rules on co-ownership apply and the properties of owned by them in proportion to their respective contributions.
the spouses should be liquidated in accordance with the Civil Code
Q: What property relation governs in case marriage is declared
provisions on co-ownership. Under Article 496 of the Civil Code,
null and void on the ground of psychological incapacity?
partition may be made by aG.R.eement between the parties or by
A: The property relation between the parties is governed by Art.
judicial proceedings. It is not necessary to liquidate the properties of the
147 of the FC. Under this property regime, property acquired by
spouses in the same proceeding for declaration of nullity of marriage.
both spouses through their work and industry shall be governed
(Dio v. Dio, G.R. NO. 178044, Jan. 19, 2011 640 SCRA 178)
by the rules on equal co-ownership. Any property acquired
during the union is prima facie presumed to have been obtained
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
through their joint efforts. A party who did not participate in the who did not participate in the acquisition by the other party of any
acquisition of the property shall still be considered as having property shall be deemed to have contributed jointly in the acquisition
contributed thereto jointly if said party's "efforts consisted in the thereof if the former's efforts consisted in the care and maintenance of 46
the family and of the household.
care and maintenance of the family household." Unlike the
conjugal partnership of gains, the fruits of the couple's separate A careful perusal of the contents of the so-called Partition AG.R.eement
property are not included in the coownership. indicates that the document involves matters which necessitate prior
settlement of questions of law, basic of which is a determination as to
Petitioner failed to adduce preponderance of evidence that she whether the parties have the right to freely divide among themselves
contributed money, property or industry in the acquisition of the
the subject properties. Moreover, to follow petitioners argument would
subject property and, hence,is not a coowner of the property.
be to allow respondent not only to admit against his own interest but
Since the subject
that of his legal spouse as well, who may also be lawfully entitled co-
property was acquired during the subsistence of the first
ownership over the said properties. (Lacbayan v. Samoy, G.R. NO.
marriage of Eduardo, under normal circumstances, the same
165427, Mar. 21, 2011 645 SCRA 677)
should be presumed to be conjugal property of Eduardo and
Josefina. (Francisco v. Master Iron Works Construction Corp.,
As to the property regime of petitioner Susan Nicdao and the deceased,
G.R. No. 151967. Feb. 16, 2005)
Article 147 of the Family Code governs. This article applies to unions of
Under Art. 147, in the absence of proof to the contrary, any property parties who are legally capacitated and not barred by any impediment
acquired by commonlaw spouses during their cohabitation is presumed to contract marriage, but whose marriage is nonetheless void for other
to have been obtained thru their joint efforts and is owned by them in reasons, like the absence of a marriage license. (Cario v. Cario, G.R.
equal shares. Their property relationship in such a case is essentially NO. 132529, Feb. 02, 2001 351 SCRA 127)
governed by the rules on co-ownership. Thus, Romeo cannot seek the
ejectment of Juliet therefrom. As a coowner, she is as much entitled to In the instant case, respondent would qualify as an interested person
enjoy its possession and ownership as him. (Abing
who has a direct interest in the estate of Felicisimo by virtue of their
v. CA,G.R. No. 146294, Jul. 31, 2006)
cohabitation, the existence of which was not denied by petitioners. If
Art. 147 of the Family Code provides in part that when aman and a she proves the validity of the divorce and Felicisimos capacity to
woman who are capacitated to marry each other, live exclusively with remarry, but fails to prove that her marriage with him was validly
each other as husband and wife without the benefit of marriage or performed under the laws of the U.S.A., then she may be considered as
under a void marriage, their wages and salaries shall be owned by them a co-owner under Article 144 76 of the Civil Code (San Luis v. San Luis
in equal shares and the property acquired by both of them through their
G.R. NO. 133743, Feb. 06, 2007 514 SCRA 294)
work or industry shall be governed by the rules of coownership. In the
absence of proof to the contrary, properties acquired while they lived
together shall be presumed to have been obtained by their joint efforts,
worker industry, and shall be owned by them in equal shares. A party
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
THE FAMILY
47
THE FAMILY AS AN INSTITUTION Religious relationship and relationship by affinity are not given any legal
effect in this jurisdiction. Consequently, private respondent Ayson, who is
Q: What is included in family relations? described in the complaint as the spouse of respondent Hontiveros, and
A: petitioner Maria Hontiveros, who is admittedly the spouse of petitioner
1. Between husband and wife Augusto Hontiveros, are considered strangers to the Hontiveros family,
2. Between parents and children for purposes of Art. 151. (Hontiveros vs. RTC Iloilo City, G.R. NO.
3. Among other ascendants and descendants 125465, Jun. 29, 1999 309 SCRA 340)
4. Among brothers and sisters, whether of the full or
half blood. The enumeration of "brothers and sisters" as member of the same family
does not comprehend "sisters-in-law." In that case, then Chief Justice
Q: What governs family relations? Concepcion emphasized that "sisters-in-law" (hence, also "brother-in-
A: The law. law") are not listed under Art. 217 of the New Civil Code as members of
the same family. (Gayon v. Gayon, 36 SCRA 104 1970)
Q: What are the requisites before a suit between members of
the same family may prosper? Efforts to compromis are not a jurisdictional prerequisite for the
A: maintenance of an action whenever a stranger to the family is a party
1. Earnest efforts toward a compromise thereto, whether as necessary or indispensable one. (Magbaleta vs.
have been made; Gonong, 76 SCRA 511)
2. Such efforts failed;
3. The fact that earnest efforts toward a compromise Indeed, "there is no affinity between the blood relatives of one spouse
have been made but the and the blood relatives of the other. A husband is related by affinity to
same have failed appears in the verified his wifes brother, but not to the wife of his wifes brother. There is no
complaint or petition affinity between the husbands brother and the wifes sister; this is called
affinitas affinitatis." (Tiggangay v. Wacas, AM OCA 09-3243, April 1, 2013
Q: In a complaint filed by Manolo against his brother, Rodolfo, it
694 SCRA 264)
was alleged that the case "xxx passed through the Barangay and
no settlement was forged between the plaintiffs and
defendant as a result of which Certification to File Action was THE FAMILY HOME
issued xxx". Rodolfo moved to dismiss for failure to comply with
a condition precedent that earnest efforts for an amicable Q: What is meant by family home and how is it constituted?
settlement among the parties had been exerted but that none A: It is the dwelling house where the husband and wife and their
was reached. Decide. family reside, and the land on which it is situated; it is
constituted jointly by the husband and the wife or by an unmarri
Q: A complaint for damages was filed against Hinahon in 1986 edhead of a family.
when she incurred liabilities as early as 1977, which action
prospered in 1989. The house and lot that she owned was Q: Can FH be constituted on a house constructed on a land
levied upon and sold at auction. She assails the levy belonging to another?
A: The case will prosper. There was in fact substantial A: No.
compliance with Art. 151 of the Family Code since the spouses
alleged in the complaint for ejectment that the case "xxx passed Reason: The land where the house is erected is an
through the Barangay and no settlement was forged integral part of the home and the home should be
between the plaintiffs and defendant as a result of which permanent in character.
Certification to File Action was issued by Barangay 97, Zone 8,
District I, Tondo, Manila xxx". It bears stressing that under Note: A house constructed on rented land or by tolerance of the owner
Sec. 412 (a) of R.A. 7160, no complaint involving any matter is not a permanent improvement on the land and the home will thus be
within the authority of the Lupon shall be instituted or filed temporary.
directly in court for adjudication unless there has been a
confrontation between the parties and no settlement was Q: What are the exceptions to the rule that the FH is exempt
reached. Moreover, the phrase "members of the same family" from execution, forced sale or attachment?
found in Art. 151 of the Family Code must be construed in A:
relation to Art. 150 thereof. (Martinez, et al. v. Martinez, G.R. No. 1. Debts due to Laborers, mechanics, architects, builders,
162084. Jun. 28, 2005) material men and others who rendered service or
furnished materials for the constitution of the building;
Note: A sisterinlaw or a brotherinlaw is not covered by these two 2. Nonpayment of Taxes;
provisions. Being an exception to the general rule, Art. 151 must be 3. Debts incurred Prior to constitution;
strictly construed. (Gayon v. Gayon, G.R. No.L28394, Nov. 26, 1970) 4. Debts secured by Mortgages on the family home.
Our family law is based on the policy that marriage is not a mere contract
Note: Exemption is limited to the value allowed in the FC
but a social institution in which the state is vitally interested. (Tuason vs. and sale on the ground that it was her family home and
CA, 256 SCRA 158 1996) therefore exempt from execution. Decide.
A: It is not exempt. Under Art. 155 of the FC, the family home
shall be exempt from execution, forced sale, or attachment
except for, among other things, debts incurred prior to the
constitution of the family home. In the case at bar, the house
and lot was not constituted as a family home, whether judicially
or extrajudicially, at the time that the debtor incurred her debts.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Under prevailing jurisprudence, it is deemed constituted as such The excess, if any, shall be delivered to the judgment debtor
by operation of law only upon (Art. 160, Family Code). 48
the effectivity of the Family Code on August 3, 1988, thus, the
debts were incurred before the constitution of the family home. Family home is a real right, which is gratuitous, inalienable and free from
(GomezSalcedo, et al. v. Sta. Ines, et al.,G.R. No. 132537, Oct. attachment, constituted over the dwelling place and the land on which it
14, 2005) is situated, which confers upon a particular family the right to enjoy such
properties, which must remain with the person constituting it and his
Q: What are the guidelines in the constitution of the family home heirs. (Taneo, Jr. vs. CA, CA, 304 SCRA 308)
?
A: By the very definition of the law that the family home is the dwelling
1. FH is deemed constituted from the time of Actual occupation house where a person and his family resides and the land on which it is
as a family residence; situated, it is understood that the house should be constructed on a land
2. Only 1 FH may be constituted; not belonging to another. (Taneo vs. Court of Appeals, G.R. NO. 108562,
3. Must be Owned by the person constituting it; Mar. 09, 1999 304 SCRA 308)
4. Must be Permanent;
5. Same rule applies to both valid and voidable marriages and Furthermore, Articles 152 and 153 specifically extend the scope of the
even to common law spouses; (Arts. 147 and 148) family home not just to the dwelling structure in which the family resides
6. It Continues despite death of one or both spouses or an but also to the lot on which it stands. Thus, applying these concepts, the
unmarried head of the family for 10 years or as long as subject house as well as the specific portion of the subject land on which
there is a minor beneficiary. it stands are deemed constituted as a family home by the deceased and
petitioner Vilma from the moment they began occupying the same as a
Q: Who are the beneficiaries of a FH? family residence 20 years back. (Arriola v. Arriola, G.R. NO. 177703, Jan.
A: 28, 2008 542 SCRA 666)
1. Husband and wife, or unmarried head of the family
2. Parents (may include parentsinlaw), ascendants, brothers There is no need to constitute the same judicially or extrajudicially as
and sisters (legitimate or illegitimate) living in the FH and required in the Civil Code. If the family actually resides in the premises, it
dependent on the head of the family for support is, therefore, a family home as contemplated by law (Modequillo vs.
Breva, G.R. No. 86355, May 31, 1990.)
Q: What are the requisites in the sale, alienation, donation,
assignment or encumbrance of the FH? Three requisites must concur before a minor beneficiary is entitled to the
A: The following must give their written consent: benefits of Art. 159: (1) the relationship enumerated in Art. 154 of the
1. The person who constituted the FH; Family Code; (2) they live in the family home, and (3) they are
2. The spouse of the person who constituted the FH; dependent for legal support upon the head of the family. (Patricio vs.
3. Majority of the beneficiaries of legal age.
Dario, G.R. NO. 170829, November 20, 2006)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Only the man (and his heirs in certain situations) can impugn the To prove open and continuous possession of the status of an
legitimacy of the child. (Benitez-Badua v. CA, 1994) illegitimate child, there must be evidence of manifestation of the 50
Q: What Are The Rules On Legitimacy With Regard To The permanent intention of the supposed father to consider the child
Mother? as his, by continuous and clear manifestations of parental
A: Child considered legitimate although (Art. 167, FC): affection and care, which cannot be attributed to pure charity.
(1) Mother may have declared against its legitimacy
(2) Mother may have been sentenced as an adulteress Such acts must be of such a nature that they reveal not only the
(also applies to wife who was raped) conviction of paternity, but also the apparent desire to have and
treat the child as such in all relations in society and in life, not
Q: When does the prescriptive period start to run? accidentally, but continuously. (Jison v. CA, 1998)
A:
General Rule: The prescriptive period for filing Q: What are the rules on proving filiation?
action impugning the legitimacy of the child shall A:
be counted from the knowledge of birth or its General Rule: Primary proof shall be used to prove
recording in the civil registry. filiation.
Exception: In absence of primary proof, secondary
Exception: If the birth was: proof may be resorted to.
1. Concealed from or
2. Was unknown to the husband or his heirs, the Note: For illegitimate children, if the action is based on par. 2 of
periods shall be counted from the discovery or Art. 172 (secondary proof), the action may be brought only
knowledge of the birth of the child or of the act of during the lifetime of the alleged parent.
registration of said birth, whichever is earlier.
Article 170 of the Family Code is inapplicable to this case because
CLAIMING FILIATION this is not an action to impugn the legitimacy of a child, but an
action of the private respondents to claim their inheritance as
Q: Is the right to claim filiation transmissible to the heirs of the legal heirs of their childless deceased aunt. They do not claim
child? that petitioner Violeta Cabatbat Lim is an illegitimate child of the
A: deceased, but that she is not the decedent's child at all. (Benitez-
General Rule: The right to claim filiation may be Badua vs. 1994)
used only by the child. It is not transmissible to the
heirs. In this case the husband and the wife continued to live in the
same province after their alleged separation, the Court did not
Exception: In cases where child died: discount the possibility of physical access to each other
1. During minority or considering their proximity to each other and considering further
2. In a state of insanity. that the wife still visited and recuperated in her mothers house
where her spouse resided with their children. (Macadangdang vs.
Q: When should an action to claim legitimacy be brought? Court of Appeals, 100 SCRA 73)
A: It depends on who is bringing the action:
1. By the child during his lifetime The court held that just because tuberculosis is advanced in a
2. By his heirs within 5 years should the child die man does not necessarily mean that he is incapable of sexual
during minority or in a state of insanity intercourse. There are cases where persons suffering from
tuberculosis can do the carnal act even in the most crucial stage
Note: Questioning legitimacy may not be collaterally attacked. It can be of health because then they seemed to be more inclined to
impugned only in a direct action. sexual intercourse. (Andal vs. Macaraig, 89 Phil 165)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
When a recognition has been made by one parent, the name of Q: In what instances may an illegitimate child use the surname
the other parent may be revealed in an action by the child to of their father? 51
compel such other parent to recognize him also. (Rodriguez vs. A:
CA, 1995) 1. Filiation has been recognized by the father
through the record of birth appearing in the civil
A baptismal certificate, a private document, which, being register
hearsay, is not a conclusive proof of filiation. (Heirs of Cabais vs. 2. Admission in public document
CA, 1999) 3. Private handwritten instrument is made by the
father
Under the law, this statement must be made personally by the
parent himself or herself, not by any brother, sister or relative; Note: Provided that the father has the right to institute an action before
after all, the concept of recognition speaks of a voluntary the regular courts to prove nonfiliation during his lifetime.
declaration by the parent, or if the parent refuses, by judicial
authority, to establish the paternity or maternity of children born Illegitimate children may establish their illegitimate filiation in the
outside wedlock. (Cenido vs. Apacionado, 1999) same way and on the same evidence (primary or secondary) as
Petitioner, however, overlooks the fact that respondents legitimate children. (Art. 175, FC)
successional rights may be established not just by a judicial
action to compel recognition but also by proof that she had been ACTION FOR CLAIMING FILIATION
voluntarily acknowledged and recognized as an illegitimate child.
Respondent in this case had not been given the opportunity to Q: When should the claim be filed?
present evidence to show whether she had been voluntarily A:
recognized and acknowledged by her deceased father because of 1. For actions based on primary evidence, the same
petitioners opposition to her petition and motion for hearing on periods stated in Art. 173 apply.
affirmative defenses. (Tayag v. Tayag-Gallor, 2008) 2. For actions based on secondary evidence, the
action may only be brought during the lifetime of the
A certificate of live birth purportedly identifying the putative alleged parent.
father is not competent evidence of paternity when there is no
showing that the putative father had a hand in the preparation of Baptismal certificates are given probative value only for births
the certificate. The local civil registrar has no authority to record before 1930. Birth certificates must be signed by the parents and
the paternity of an illegitimate child on the information of a third sworn for it to be admitted as evidence. (Mendoza v. Melia,
person. (Puno v. Puno Ent. Inc., 2009) 1966)
We have held that such other proof of one's filiation may be a Unsigned birth certificates are not evidence of recognized
"baptismal certificate, a judicial admission, a family bible in which filiation. (Baluyut v. Baluyut, 1990)
[his] name has been entered, common reputation respecting his
pedigree, admission by silence, the testimonies of witnesses, and Baptismal certificates are only conclusive of the sacrament
other kinds of proof admissible under Rule 130 of the Rules of administered, and cannot be used as proof of filiation. (Acebedo
Court." In this case, the respondent established a prima facie v. Arquero, 2003)
case that the petitioner is the putative father of Gliffze through
testimony that she had been sexually involved only with one Marriage certificates cannot be used as proof of filiation. (Lim v.
man, the petitioner, at the time of her conception. Rodulfo CA, 1975)
corroborated her testimony that the petitioner and the
respondent had intimate relationship. (Gotardo v. Buling, 2012) Rule 130, Sec. 40 is limited to objects commonly known as family
possessions reflective of a family's reputation or tradition
Although a paternity action is civil, not criminal, the constitutional regarding pedigree like inscriptions on tombstones, monuments,
prohibition against unreasonable searches and seizures is still or coffin plates. (Jison v. CA, 1998)
applicable, and a proper showing of sufficient justification under
the particular factual circumstances of the case must be made Signature of the father on the birth certificate is considered as an
before a court may order a compulsory blood test. (Lucas v. acknowledgement of paternity and mere presentation of a duly
Lucas, 2011) authenticated copy of such certificate will successfully establish
filiation. (Eceta v. Eceta, 2004)
Common children born before the annulment are legitimate, and DNA evidence can be used as proof of paternity. (Agustin v. CA,
therefore entitled to support from each of the spouses. (De 2005)
Castro v. Assidao-De Castro, 2008)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
The due recognition of an illegitimate child in a record of birth, a (4) Legitime shall consist of one-half of the legitime of
will, a statement before a court of record, or in any authentic a legitimate child. 52
writing, is in itself a consummated act of acknowledgement of It is clear therefore that the resolution of the issue of prescription
the child, and no further court action is required. (De Jesus v. depends on the type of evidence to be adduced by private
Estate of Decedent Juan Gamboa Dizon, 2001) respondents in proving their filiation. (Guy v. CA, 2006)
Mere possession of status as an illegitimate child does not make Where the private handwritten instrument is the lone piece of
a recognized illegitimate child but is only a ground for bringing evidence submitted to prove filiation, there should be strict
an action to compel judicial recognition by the assumed parent. compliance with the requirement that the same must be signed
(Gono-Javier vs. Court of Appeals, 1994) by the acknowledging parent. Where the private handwritten
instrument is accompanied by other relevant and competent
DNA evidence can still be used even after the death of the evidence, it suffices that the claim of filiation therein be shown to
parent. (Estate of Rogelio Ong v. Diaz, 2007) have been made and handwritten by the acknowledging parent
as it is merely corroborative of such other evidence. (De La Cruz
There are four significant procedural aspects of a traditional v. Gracia, 2009)
paternity action that parties have to face: a prima facie case,
affirmative defenses, presumption of legitimacy, and physical It is settled, then, in law and jurisprudence, that the status and
resemblance between the putative father and the child. A prima filiation of a child cannot be compromised. Public policy demands
facie case exists if a woman declaressupported by that there be no compromise on the status and filiation of a
corroborative proofthat she had sexual relations with the child. Paternity and filiation or the lack of the same, is a
putative father; at this point, the burden of evidence shifts to the relationship that must be judicially established, and it is for the
putative father. Further, the two affirmative defenses available to Court to declare its existence or absence. It cannot be left to the
the putative father are: (1) incapability of sexual relations with will or agreement of the parties. (Uy v. Chu, 2009)
the mother due to either physical absence or impotency, or (2)
that the mother had sexual relations with other men at the time
of conception. (Gotardo v. Buling, 2012)
LEGITIMATED CHILDREN
To prove open and continuous possession of the status of an Q: What is legitimation?
illegitimate child, there must be evidence of the manifestation of A: Legitimation is a remedy or process by means of which those
the permanent intention of the supposed father to consider the who in fact not born in wedlock and should therefore be
child as his, by continuous and clear manifestations of parental ordinarily illegitimate, are by fiction, considered legitimate.
affection and care, which cannot be attributed to pure charity.
(Perla v. Baring and Perla, 2012) Q: Who are entitled to legitimation?
A: Only children conceived and born outside of wedlock of
Meanwhile, the lack of participation of the supposed father in the parents who, at the time of conception, were not disqualified by
preparation of a baptismal certificate renders this document any impediment to marry each other.
incompetent to prove paternity. Baptismal certificates are per se
inadmissible in evidence as proof of filiation and they cannot be Q: Are children born of parents, who at the time of conception
admitted indirectly as circumstantial evidence to prove the same. and birth, were minors may be legitimated?
(Perla v. Baring and Perla, 2012) A: Yes. RA 9858 amended Art. 177 of the Family Code in
allowing children conceived and born outside of wedlock of
RIGHTS OF ILLEGITIMATE CHILDREN parents who, at the time of conception of the former, were not
disqualified by any impediment to marry each other, or were so
Q: What are the rights of Illegitimate Children? disqualified only because either or both of them were below
A: eighteen (18) years of age, to be legitimated.
1. Use the surname and be under the parental Q: What are the requisites of legitimation?
authority of the mother A:
2. However, may use the surname of their father 1. Child must have been conceived and born outside of
if wedlock;
(a) Their filiation has been expressly 2. Childs parents, at the time of formers conception,
recognized by the father through the record of were not disqualified by any impediment to marry
birth appearing in the civil register; or each other;
(b) There is an admission in a public 3. The subsequent valid marriage of the parents. (Art.
document or private handwritten instrument 177, NCC)
made by the father.
(c) Provided, the father has the right to Q: What is the procedure for Legitimation?
institute an action before the regular courts A: Legitimation shall take place by a subsequent valid marriage
to prove non-filiation during his lifetime [RA between the parents. The annulment of a voidable marriage shall
9255] not affect the legitimation. (Art. 178, FC)
The use of the word may in Art. 176 readily shows that an Q: What are the effects of Legitimation?
acknowledged illegitimate child is under no compulsion to use A:
the surname of his illegitimate father. The word may is 1. Effects of legitimation shall retroact to the time of
permissive and operates to confer discretion upon the illegitimate the childs birth (Art. 180, FC)
children. (Grande v. Antonio, 2014) 2. Legitimation of children who died before the
3. Shall be entitled to support in conformity with celebration of the marriage shall benefit their
the Family Code descendants (Art. 181, FC)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Q: What Are The Grounds For Impugning Legitimation LEGITIMATION VS ADOPTION
A: 53
1. The subsequent marriage of the child's parents is Legitimation Adoption
void. Legal Effects
2. The child allegedly legitimated is not natural.
The law creates by fiction a
3. The child is not really the child of the alleged
The law merely makes legal relation which did not in
parents. (Sempio-Dy) what exists by nature fact exist
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
for adoption and maintains such residence until Q: On what grounds may an adoptee seek the rescission of the
adoption decree has been entered. adoption? 54
A:
Exceptions: 1. Attempt on the life of the adoptee;
a. He is a former Filipino who seeks to adopt 2. Sexual assault or violence;
a relative within the 4th civil degree of 3. Abandonment and failure to comply with parental
consanguinity or affinity, obligations;
b. He is married to a Filipino and seeks to 4. Repeated physical or verbal maltreatment by the adopter.
adopt jointly with his spouse a relative within
the 4th degree of consanguinity or affinity, Note: Adopter cannot rescind but may disinherit the adoptee.
c. He is married to a Filipino and seeks to
adopt the legitimate or illegitimate child of Q: What are the grounds by which an adopter may disinherit
his filipino spouse. adoptee?
A:
Q: May a guardian adopt his ward? 1. Groundless accusation against the testator of a crime
A: A guardian may only adopt his ward after termination of punishable by 6 years or more imprisonment;
guardianship and clearance of his financial accountabilities. 2. Found guilty of attempt against the life of the testator,
his/her spouse, descendant or ascendant;
Q: What is the rule when a person seeking to adopt has a 3. Causes the testator to make changes or changes a
spouse? testators will through violence, intimidation, fraud or undue
A: influence;
General Rule: Such person must adopt with his 4. Maltreatment of the testator by word or deed;
spouse jointly. The general rule is that husband and 5. Conviction of a crime which carries a penalty of civil
wife shall jointly adopt. interdiction;
6. Adultery or concubinage with the testators wife;
Exceptions: 7. Refusal without justifiable cause to support the parent or
1. One spouse seeks to adopt the legitimate child of ascendant;
the other; 8. Leads a dishonorable or disgraceful life.
2. One spouse seeks to adopt his own illegitimate
child; Q: What are the effects of adoption?
3. Spouses are legally separated. A:
1. General Rule: Severance of all legal ties between the
Q: Who may be adopted? biological parents and the adoptee and the same shall then
A: be vested on the adopters
1. Any person below 18 of age who has been
administratively or judicially declared available for Exception: In cases where the biological parent is the
adoption; spouse of the adopter;
2. Legitimate child of one spouse by the other
spouse; 2. Deemed a legitimate child of the adopter;
3. Illegitimate child by a qualified adopter to improve 3. Acquires reciprocal rights and obligations arising from
the status of said child to that of legitimacy; parentchild relationship;
4. Person of legal age, if prior to the adoption, said 4. Right to use surname of adopter;
person has been consistently considered and treated 5. In legal and intestate succession, the adopters and the
by adopters as their child since minority; adoptee shall have reciprocal rights of succession without
5. Child whose adoption has been previously rescinded; distinction from legitimate filiation. However, if the adoptee
6. Child whose biological parents have died provided and his/her biological parents had left a will, the law on
no proceedings have been initiated within 6 months testamentary succession shall govern.
from time of death.
Q: What is the definition of child? Q: State the effects of rescission of the adoption in the Domestic
A: A child is any person below 18 years old. Adoption Act of 1998 (RA 8552)
A:
Q: What is the definition of child legally free for adoption? 1. If adoptee is still a minor or is incapacitated
A: A child voluntarily or involuntarily committed to the DSWD, Restoration of:
freed of his biological parents, guardians, adopters in case of a. Parental authority of the adoptees biological
rescission. parents, if known or
b. Legal custody of the DSWD;
Q: Whose written consent is necessary for adoption? 2. Reciprocal rights and obligations of the adopters and
A: adoptee to each other shall be extinguished;
1. Adoptee, if 10 years of age and over; 3. Court shall order the civil registrar to cancel the
2. Biological parents of the child, if known or the legal amended certificate of birth of the adoptee and restore
guardian, or the proper government instrumentality which his/her original birth certificate;
has legal custody of the child; 4. Succession rights shall revert to its status prior to
3. Legitimate children of the adopter, if 10 years old or over; adoption, but only as of the date of judgment of judicial
4. Illegitimate children of the adopter, if 10 years old or over rescission;
and living with him; 5. Vested rights acquired prior to judicial rescission shall
5. Spouse of the adopted, if married; be respected.
6. Spouse of the adopter, if married.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
The law here does not provide for an alien who is married to a 7. Agrees to uphold the basic rights of the child
former Filipino citizen seeking to adopt jointly with his or her mandated by the UN convention of rights of Child and 55
spouse a relative by consanguinity, as an exception to the the Philippine Laws;
general rule that aliens may not adopt. Rosalina Dye cannot, on 8. Comes from a country with which the Philippines
her own, adopt her brother and sister for the law mandates joint has diplomatic relations and adoption is allowed
adoption by husband and wife, subject to exceptions. under his national law;
(Republic vs. Vergara, 1997) 9. Possesses all the qualifications and none of the
disqualifications
An alien qualified to adopt under the Child and Youth Welfare
Code, which was in force at the time of the filing of the petition, Q: Who may be adopted?
acquired a vested right which could not be affected by the A: Only a legally free child may be adopted provided the
subsequent enactment of a new law disqualifying him. (Republic following are submitted:
vs. Miller, 1999) 1. Child study;
2. Birth certificate/ foundling certificate;
The Family Code reiterated the rule by requiring that husband 3. Deed of Voluntary Commitment/Decree of
and wife "must" jointly adopt, except in the cases mentioned Abandonment/Death Certificate of parents;
before. Under the said new law, joint adoption by husband and 4. Medical evaluation or history;
wife is mandatory. (Republic vs. Toledano, 1994) 5. Psychological evaluation;
6. Recent photo
Physical estrangement alone, without financial and moral
desertion, is not tantamount to abandonment. While admittedly, Q: What is the definition of child?
petitioner was physically absent as he was then in the United A: A child is any person below 15 years old.
States, he was not remiss in his natural and legal obligations of
love, care and support for his children. (Cang vs. CA, 1998) Q: What is a legallyfree child?
A: A child who has been voluntarily or involuntarily committed to
The filing of a case for dissolution of the marriage between the DSWD of the Philippines, in accordance with the Child Youth
petitioner and Olario is of no moment. It is not equivalent to a and Welfare Code
decree of dissolution of marriage. Until and unless there is a
judicial decree for the dissolution of the marriage between Note: No child shall be matched to a foreign adoptive family unless it is
petitioner and Olario, the marriage still subsists. That being the satisfactorily shown that the child cannot be adopted in the Philippines
case, joint adoption by the husband and the wife is required. (In
re: Adoption of Michelle & Michael Lim, 2009) General Rule: There shall be no physical transfer of a
voluntarily committed child earlier than 6 months from the date
Under the Child and Youth Welfare Code, private respondent had of execution of Deed of Voluntary Commitment.
the right to file a petition for adoption by herself, without
joining her husband therein. When Mrs. Bobiles filed her petition, Exceptions:
she was exercising her explicit and unconditional right under said 1. Adoption by relative;
law. (Republic vs. CA & Bobiles, 1992) 2. Child with special medical condition.
R.A. NO. 8552 has unqualifiedly withdrawn from an adopter a Q: What Are Effects of Adoption?
consequential right to rescind the adoption decree even in cases A:
where the adoption might clearly turn out to be undesirable. 1. Parental Authority - Except in cases where the
(Lahom vs. Sibulo, 2003) biological parent is the adopters spouse, all legal ties
between biological parent and adoptee shall be
severed, and the same shall then be vested on the
adopters. [Sec. 16]
RA 8043 2. Legitimacy - The adoptee shall be considered the
INTERCOUNTRY ADOPTION ACT 95 legitimate son/daughter of the adopters for all intents
and purposes, and as such is entitled to all rights and
Q: Who may adopt? obligations provided by law to legitimate children born
A: to them without discrimination of any kind. [Sec. 17]
1. Any alien; 3. Succession - In legal and intestate succession, the
2. Filipino citizen, both permanently residing abroad. adopter and the adoptee shall have reciprocal rights of
succession without distinction from legitimate filiation.
Q: What are the qualifications needed for a Filipino or alien to However, if the adoptee and his/her biological parents
adopt? had left a will, the law on testamentary succession
A: shall govern. [Sec. 18] Art. 190, FC as amended.
1. At least 27 years old and 16 years older than the
child to be adopted at the time of the application Rules on legal or intestate succession to the estate of
unless adopter is the parent by nature of the child; the adoptee:
2. If married, his spouse must jointly file for adoption; a. Legitimate and illegitimate children,
3. Has the capacity to act or assume all rights and descendants and the surviving spouse of the
responsibilities of parental authority; adoptee shall inherit in accordance with the
4. Not been convicted of a crime involving moral ordinary rules of legal/intestate succession
turpitude; b. When the surviving spouse OR illegitimate
5. Eligible to adopt under his national law; children AND adopters concur, they shall
6. In a position to provide for proper care and support inherit on a 50-50 basis
and give necessary moral values; c. When the surviving spouse AND
illegitimate children AND adopters concur,
they shall inherit on a 1/3-/1/3-1/3 basis
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
d. When only adopters survive, they shall 5. Vested rights prior to judicial rescission shall be
inherit 100% of the estate respected 56
e. When only collateral blood relatives 6. Rescission contemplates a situation where the
survive, ordinary rules of legal or intestate adoption decree remains valid until its termination.
succession shall apply
Q: State the rule on Rectification Of Simulated Birth
4. Name - Art. 365, CC. An adopted child shall bear A: Simulation of birth is the tampering of LCR records to make it
the surname of the adopter. appear that a certain child was born to a person who is not
RA 8552 allows the change of first name to be his/her biological parent, causing said child to lose his/her true
instituted in the same proceeding as the adoption: identity/status. Sec. 21-b (RA 8552).
the decree of adoption shall state the name by which
the child is to be known. Any person who shall cause the fictitious registration of the birth
5. Nationality - Adoption does not confer citizenship: of a child under the name(s) of a person(s) who is not his/her
Philippine citizenship may be lost/acquired [only] in biological parent(s) shall be guilty of simulation of birth, and shall
the manner provided by law. [Sec. 3, Art. 4, be punished by prision mayor in its medium period and a fine not
Constitution] exceeding P50,000.00.
The right to confer citizenship belongs to the State A person who has, prior to the effectivity of RA 8552, simulated
(political) and cannot be granted by a citizen through the birth of a child shall not be punished for such act, PROVIDED
adoption. Adoption creates a relationship between the [Sec. 22 (RA 8552)]:
adopter and adoptee, not between the State and the 1. The simulation was for the childs best interest
adoptee. 2. Child has been treated consistently as his own
3. Petition filed within 5 years of RA 8552s effectivity
Q: Who May File A Petition For Rescission Of Adoption? (2003)
A: Adoptee may file action for rescission, with the assistance of
DSWD if he/she is a minor or over 18 but incapacitated, based Q: What are the petitions that may be filed in adoption?
on the following grounds [Sec. 19]: A: Three-In-One Procedure
1. Repeated physical and verbal maltreatment by 1. Correction of entries in birth certificate
adopters despite having undergone counseling 2. Deed of Voluntary Commitment or Declaration of
2. Attempt on life of adoptee abandonment
3. Sexual assault or violence 3. Adoption decree
4. Abandonment or failure to comply with parental
obligations
5. Adoption, being in the best interest of the child,
shall not be subject to rescission by the adopter.
However, the adopter may disinherit the child based
on these causes [Art. 919, CC]:
a. Conviction of an attempt on the life of the
adopter
b. Having accused, without grounds, the
adopter of a crime punishable by
imprisonment for more than 6 years
c. Conviction of adultery/concubinage with
the adopters spouse
d. Having caused the adopter to make or
change a will by force, intimidation or undue
influence
e. Refusal without just cause to support the
adopter
f. Maltreatment of the adopter by word/deed
g. Living a dishonorable/disgraceful life
h. Conviction of a crime which carries with it
the penalty of civil interdiction
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
PRE-ADOPTION PROCEDURES 2. Proof of efforts to locate the childs parents/known
relatives 57
VOLUNTARY COMMITMENT OF BIOLOGICAL MOTHER a. Written certification that a local/national
WANTING TO PUT HER CHILD UP FOR ADOPTION radio/TV case was aired on 3 different
occasions
b. Publication in 1 newspaper of general
circulation
Counseling on her options
other than adoption
c. Police report / barangay certification of
due diligence
d. Returned registered mail to last known
address of parents
3. Birth certificate, if available
Explaining to her the 4. Recent photo and photo upon abandonment of
implications of losing her child
parental authority over the child
ADOPTION PROCEDURES
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
After the decree of adoption, the court may also issue a travel
authority, if needed; DSWD to provide post adoption services.
SUPPORT
The case study report by the DSWD/LGU is indispensable.
58
Without it, the adoption decree shall be void. (DSWD v. Judge Q: What is support?
Belen, 1997) A: It comprises everything indispensable for sustenance,
dwelling, clothing, medical assistance and transportation, in
Q: What is the function of InterCountry Adoption Board? keeping with the financial capacity of the family, including the
A: The Inter Country Adoption Board acts as the central education of the person entitled to be supported until he
authority in matters relating to intercountry adoption. The Board completes his education or training for some profession, trade or
shall ensure that all the possibilities for adoption of the child vocation, even beyond the age of majority. (Art. 194, FC)
under the Family Code have been exhausted and that the
intercountry adoption is in the best interest of the child Q: What are the characteristics of support?
A:
Q: What is trial custody? 1. Personal
A: It is the preadoptive relationship which ranges 6 months from 2. Reciprocal on the part of those who are by law
bound to support each other
the time of the placement. It starts from the actual transfer of
3. Intransmissible
the child to the applicant who, as actual custodian, shall exercise
4. Mandatory
substitute parental authority over the person of the child
5. Provisional character of support judgment
Notes: 6. Exempt from attachment or execution
1. If unsatisfactory the relationship shall be suspended 7. Not subject to waiver or compensation
by the board and the foreign adoption agency shall arrange
for the childs voluntary care. Q: What comprises support?
2. If satisfactory the Board shall submit the written consent A: Support comprises of everything indispensable for:
of the adoption to the foreign adoption agency within 30 days 1. Sustenance
after the request of the latters request. 2. Dwelling
3. Clothing
Where the petition for adoption was granted after the child had 4. Medical attendance
shot and killed a girl, the Supreme Court did not consider the 5. Education includes schooling or training for some
retroactive effect given to the decree of adoption so as to impose profession, trade or vocation, even beyond the age of
a liability upon adopting parents at a time when adopting parents majority
had no actual or physically custody over the child. Retroactive 6. Transportation includes expenses going to and
effect may perhaps be given to the granting of the petition for from school, or to from place of work
adoption where such is essential to permit the accrual of some
benefit or advantage in favor of the adopted child. In the instant Q: What are the rules on the amount of support?
case, however, to hold that parental authority had been A: Amount of support shall be in proportion to the resources or
retroactively lodged in the adopting parents so as to burden means of the giver and to the necessities of the recipient. It shall
them with liability for a tortuous act that they could not have be increased or reduced proportionately, according to the
foreseen and which they could not have prevented would be increase/reduction of necessities of the recipient and the
unfair and unconscionable. (Tamargo v. CA, 1992) resources of the person obliged.
Adoption is a juridical act, proceeding in rem. Because it is Q: What are the different kinds of support?
artificial, the statutory requirements in order to prove it must be A:
strictly carried out. Petition must be announced in publications 1. Legal required or given by law;
and only those proclaimed by the court are valid. Adoption is 2. Judicial required by court;
never presumed. (Lazatin v. Campos, 1979) May be:
a. Pendente lite
Validity of facts behind a final adoption decree cannot be b. In a final judgment
collaterally attacked without impinging on that courts 3. Conventional by agreement.
jurisdiction. (Santos v. Aranzanso, 1966)
Q: What are the rules on support of illegitimate children of either
Participation of the appropriate government instrumentality in spouse?
performing the necessary studies and precautions is important A: It depends upon the property regime of the spouses.
and is indispensable to assure the childs welfare. (DSWD v. 1. ACP:
Belen, 1997) a. Exclusive property of the debtor spouse
shall be liable.
Consent for adoption must be written and notarized. (Landingin b. If the exclusive property is insufficient,
v. Republic, 2006)] the community is liable.
Adopted children do not have a right to represent their adopters Note: The same being considered as advance made by the absolute
in successional interests. Although an adopted child is deemed to community to said spouse.
be a legitimate child and have the same rights as the latter,
these rights do not include the right of representation (because 2. CPG:
the adopted child has no right to inherit from the grandparent). a. Property of the debtorspouse is liable.
The relationship created by the adoption is between only the b. If the debtor spouse has no property or
adopting parents and the adopted child. It does not extend to the same is insufficient, it may be enforced
the blood relatives of either party. (Sayson v. CA, 1992) against the conjugal property.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Q: Who are persons obliged to support each other? Also, in case of urgent need and by special circumstances, judge
A: may order only one obligor to furnish support without prejudice 59
1. Spouses; to reimbursement from other obligors of the share due from
2. Legitimate ascendants & descendants; them (Art. 200, FC).
3. Parents and their legitimate children, and the
legitimate and illegitimate children of the latter; Q: What is the rule if there are multiple recipients and only one
4. Parents and their illegitimate children, and the obligor, and the latter has no sufficient means to satisfy all
legitimate and illegitimate children of the latter; claims:
5. Legitimate brothers and sisters whether full or A:
halfblood. 1. Observe order in Article 199 as to whose claim
shall be satisfied first;
Q: Are brothers and sisters not legitimately related likewise 2. But if the concurrent obligees are the spouse and a
bound to support each other? child subject to parental authority, the child shall be
A: preferred. (Art. 200, FC)
General Rule: Yes. The above preference given to a child under parental authority
over the spouse should prevail only if the person obliged to
Exception: when the need for support of the brother support pays it out of his separate property. So if the support
or sister, being of age, is due to a cause imputable to comes from ACP or CPG, the above rule of preference for the
the claimants fault or negligence. In this case, the child does not apply. (Tolentino)
illegitimate brother or sister has no right to be
supported. Even if the parents-in-law were the ones who called for the
physicians services for the childbirth of their daughter-in-law, it
Q: What are the sources of support? is the womans husband who is bound to pay the fees due to the
A: physician. (Pelayo v. Lauron, 1909)
SOURCES OF SUPPORT Man is still liable for support in arrears since the mother
During Marriage Pending Litigation After Litigation advanced it from a stranger (the uncle of the daughters).
Spouses (Lacson v. San Jose-Lacson, 1968)
From the ACP GR: No obligation to
community GR: From the support Acknowledgment of and commitment to comply with support
property community XPN: If there is Legal obligation through a note in his own handwriting is proof that a
property assets Separation. In which demand was made. (Lacson v. Lacson, 2006)
XPN: If Art 203 case, the court may
applies, that if the require the guilty
claimant spouse is spouse to give
Q: State the rule if stranger gives support
the guilty spouse, support A: When, without the knowledge of the person obliged to give
he/she is not support, it is given by a stranger, the stranger has the right to
entitled to support. claim the same from the person obliged, unless it appears that
CPG he gave it without intention of being reimbursed. (Art. 206, FC)
Support is
considered an Q: State the rule if person obliged refuses or fails to give support
advance of such
A: When the person obliged to give support unjustly refuses or
spouses share.
*The rule does not
fails to give support when urgently needed, any third person may
apply if the spouses furnish support to the needy individual, with right of
are under ACP reimbursement from the person obliged to give support. This
based on Art 153. particularly applies when the father or mother of a minor child
Children unjustly refuses to support or fails to give support to the child
From the From the From the separate when urgently needed. (Art. 207, FC)
community community properties of the
property property spouses Q: What is the source of support during the pendency of legal
separation, annulment and declaration of nullity of marriage
Q: To whom does the liability to support devolve upon? proceedings?
A: In the following order: A: The spouses and their common children shall be supported
1. Spouse from the properties of the absolute community or the conjugal
2. Ascendants in the in the nearest degree partnership.
3. Descendants in the nearest degree
4. Brothers and sisters Q: Are the spouses still obliged to render mutual support after
final judgment granting the petition?
Q: State the order of liability among ascendants and descendants A:
A: General Rule: No. The obligation of mutual support
1. Legitimate children and descendants, ceases after final judgment.
2. Legitimate parents and ascendants,
3. Illegitimate children and their descendants. Exception: In case of legal separation the Court may
order that the guilty spouse shall give support to the
Q: what is the rule when two or more are obliged to give innocent one.
support?
A: When two or more are obliged to give support, the payment Q: What is the amount of support?
shall be divided between them in proportion to their resources; A: Amount shall be in proportion to the resources or means of
the giver and to the necessities of the recipient.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Q: May the amount of support be reduced or increased? Such a decision based on grounds not alleged in the petition is
A: Yes. Support may be decreased or increased proportionately void on the ground of no jurisdiction. 60
according to the reduction or increase of the necessities of the
recipient and the resources of the person obliged to furnish the However, if the lower courts void decision is not assailed on
same. appeal which dealt only with the matter of support, the losing
party is now estopped from questioning the declaration of nullity
Q: When is the obligation to give support demandable? and the SC will not undo the judgment of the RTC declaring the
A: From the time the person who has a right to receive support marriage null and void for being bigamous.
needs it for maintenance, but it shall not be paid except from the
date of judicial or extra-judicial demand. (Art. 203, FC) It is axiomatic that while a jurisdictional question may be raised
at any time, this however admits of an exception where estoppel
Support pendente lite may be claimed in accordance with the has supervened. (Lam v. Chua, G.R. No. 131286, Mar. 18, 2004)
Rules of Court. (Art. 203, FC)
In any event, the mother of the girls had made the requisite
Payment shall be made within the first 5 days of each demand for material support although this was not in the
corresponding month. When the recipient dies, his heirs shall not standard form of a formal written demand. Asking one to give
be obliged to return what he has received in advance. (Art. 203, support owing to the urgency of the situation is no less a
FC) demand just because it came by way of a request or a plea.
(Lacson v. Lacson, et al.,G.R. No. 150644, Aug. 28, 2006)
Q: When shall support be paid?
A: Only from the date of judicial or extrajudicial demand. In Tayag v. Court of Appeals (209 SCRA 665), the Supreme Court
Note: The right to support does not arise from mere fact of allowed the integration of an action to compel recognition with
relationship but from imperative necessity without which it an action to claim one's inheritance. A separate action will only
cannot be demanded. The law presumes that such necessity result in a multiplicity of suits. Furthermore, the declaration of
does not exist unless support is demanded. filiation is entirely appropriate to the action for support. (Agustin
v. CA, G.R. No. 162571, June 15, 2005).
Q: What are the options given to persons giving support?
A: Q: Can DNA testing be ordered in a proceeding for support
1. To Give a fixed monthly allowance; or without violating the constitutional right against
2. To Receive and maintain the recipient in the givers selfincrimination?
home or family dwelling. A: Yes. In People v. Yatar (428 SCRA 504), the Supreme Court
had already upheld the constitutionality of compulsory DNA
The law will not permit the husband to evade or terminate his testing and the admissibility of the results thereof as evidence.
obligation to support his wife if she is driven away from the Moreover, it has mostly been in the areas of legality of searches
conjugal home because of his own wrongful acts. In this case, and seizure and in the infringement of privacy of communication
she was forced to leave the conjugal abode because of her where the constitutional right to privacy has been critically at
husbands lewd designs and physical assaults. She may claim issue.
support from him for separate maintenance even outside of the
conjugal home. (Goitia v. Campos Rueda, 1916) If, in a criminal case, an accused whose very life is at stake can
be compelled to submit to DNA testing, so much more so may a
Q: Is the right to receive support subject to attachment or party in a civil case, who does not face such dire consequences,
execution? be likewise compelled. DNA testing and its results is now
A: acceptable as object evidence without running afoul
General Rule: No. The right to receive support and selfincrimination rights of a person. (Agustin v. CA, 2005)
any money or property obtained as support cannot
be attached no be subject to execution to satisfy any The grandparents are liable to support their grandchildren if the
judgment against the recipient. parent cannot give support or sufficient support. (Mangonon v.
CA, 2006)
Exception: In case of contractual support or support
given by will, the excess in amount beyond that The inability of the parents to sufficiently provide for their
required for legal support shall be subject to levy on children shifts a portion of their obligation to the ascendants in
attachment or execution. the nearest degree, both in the paternal (petitioners) and
maternal lines, following the ordering in Article 199. (Lim v. Lim,
Reason: The amount of support agreed upon in the contract or 2009)
given in the will can be more than what the recipient needs
(Sempio-Diy). A judgment ordering for support is immediately executory
despite pendency of appeal. (Gan vs. Reyes, 2002)
Furthermore, contractual support shall be subject to adjustment
whenever modification is necessary due to changes in Whether or not, a renunciation of the existence of filiation of the
circumstances manifestly beyond the contemplation of the child and the putative father, made by the mother, is valid. It is
parties. [Art. 208, FC] true that in order to claim support, filiation and,or paternity must
first be shown between the claimant and the parent, however,
Q: Jurisdictional questions may be raised at any time. What is paternity and filiation or the lack of the same is a relationship
the exception with respect to the provisional character of that must be judicially established and it is for the court to
judgment for support and the application of estoppels? declare its existence or absence. (De Asis vs. CA, 1999)
A: Judgment for support is always provisional in character. Res
Judicata does not apply. The lower court cannot grant a petition
based on grounds, such as bigamy, not alleged in the petition.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Q: Who shall exercise parental authority in case of legal or de
PARENTAL AUTHORITY facto separation of parents?
A: Parent designated by the Court.
61
Q: What is patria potestas? Q: Who Exercises Authority In Cases Of Death, Absence,
A: The sum total of the rights of parents over the persons and Unsuitability, Remarriage, Or Separation Of Parents
property of their unemancipated child. A:
1. In case one parent is absent or already dead, the
Q: What does parental authority include? present or surviving parent (Art. 212, FC)
A: It shall include:
1. Caring for and rearing of such children for civic Remarriage of the surviving parent shall not affect
consciousness and efficiency; his/her parental authority over the children, unless the
2. Development of their moral, mental and physical court appoints another person to be the guardian of the
character and wellbeing. children or their property (Art. 212, FC)
Parental authority and responsibility may not be renounced or 2. In case of a void/annulled marriage, and there is no
transferred except in the cases authorized by law. (Art. 210, FC) agreement between spouses, the parent designated by
Q: What Are The Cases When Parental Authority And the court [Art. 43(1), FC; Art. 49, FC]
Responsibility May Be Transferred Or Renounced?
A: 3. Innocent spouse gets custody of minor children in
1. Adoption; legal separation [Art. 63(3), FC]
2. Guardianship; or
3. Commitment of the child in an entity or institution 4. The court shall take into account all relevant
engaged in childcare or in a childrens home. considerations, especially the choice of the child over
seven years of age, unless the parent chosen is unfit
Q: What are the characteristics of parental authority? (Art. 213(1), FC)
A:
1. Jointly exercised by the father and mother; 5. Substitute parental authority (Art. 214, FC)
2. Natural right and duty of the parents; a. In case of death, absence or unsuitability
3. Cannot be Renounced, transferred or waived of the parents, substitute parental authority
Exception: In cases authorized by law; shall be exercised by the surviving
4. Purely personal; grandparent
Note: It cannot be exercised through agents. b. When several grandparents survive, the
5. Temporary one designated by the court shall exercise
parental authority, taking into account all
Q: What are the rules as to the exercise of Parental Authority? relevant considerations, especially the choice
A: of the child over seven years of age, unless
1. The father and the mother shall jointly exercise the grandparent chosen is unfit
parental authority over the persons of their common
children. Q: State the rules on descendants privilege of refusal to testify
(Art. 215, FC)
Note: In case of disagreement, the fathers decision shall prevail unless
A:
there is a judicial order to the contrary.
General rule: No descendant shall be compelled, in a
criminal case, to testify against his parents and
2. If the child is illegitimate, parental authority is with
grandparents.
the mother.
3. Children under parental authority shall always
Exceptions: When such testimony is indispensable
observe respect and reverence towards their parents
in:
and are obliged to obey them [Art. 211, FC]
1. a crime against the descendant, or
2. a crime by one parent against the other.
Q: What is meant by the parental preference rule?
A: The natural parents, who are of good character and who can
Q: What shall the Court take into account in the designation of
reasonably provide for the child are ordinarily entitled to custody
the parent?
as against all persons.
A: All relevant considerations, especially the choice of the child
over seven years of age except when the parent chosen is unfit.
Q: Who shall exercise parental authority in case of legal or de
facto separation of parents?
Q: What is the rule as to the custody of a child below 7 years of
A: Parent designated by the Court.
age?
A:
Q: What shall the Court take into account in the designation of
General Rule: No child below 7 years of age shall be
the parent?
separated from the mother
A: All relevant considerations, especially the choice of the child
Exception: When the court finds compelling reasons to
over seven years of age except when the parent chosen is unfit.
consider otherwise
Q: What is meant by the parental preference rule?
Examples of compelling reasons are:
A: The natural parents, who are of good character and who can
1. When the mother is insane;
reasonably provide for the child are ordinarily entitled to custody
2. With a communicable disease that might endanger
as against all persons.
the life or health of the child;
3. Is maltreating the child; or
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
4. Has another child by another man who lives with
her. (Cervantes v. Fajardo, 1989)
SUBSTITUTE AND SPECIAL
PARENTAL AUTHORITY 62
Alleged lesbianism (Gualberto v. Gualberto, 2005), prostitution or Q: What is the order of substitute parental authority?
infidelity to husband does not necessarily make a mother unfit as A:
parent. It must be shown that such lesbianism, prostitution or 1. Surviving Grandparent;
infidelity adversely affects the child. 2. Oldest brother or sister, over 21 years;
Exception: unfit or disqualified
Note: The paramount consideration in matters of custody of a child is 3. Actual Custodian over 21 year;
the welfare and wellbeing of the child. Exception: unfit or disqualified
Q: If the parents are separated de facto, who between them has The same order applies to the appointment of judicial guardian
custody over their child/children? over the property of the child.
A: In the absence of a judicial grant of custody to one parent,
both are entitled to the custody of their child/children. Q: Who may exercise substitute parental authority over
The parent who has been deprived of the rightful custody of the disadvantaged children [art. 217, fc]
child may resort to the remedy of habeas corpus. (Salientes v. A: Entrusted in summary judicial proceedings to:
Abanilla, 2006) 1. Heads of childrens homes
2. Orphanages
The petitioner failed to overcome the socalled "tenderage 3. Similar institutions duly accredited by the proper
presumption" rule under Art. 213 of the FC. There was no government agency (such as the DSWD)
compelling evidence of the mother's unfitness. 'Sexual preference
or moral laxity alone does not prove parental neglect or Q: Who Are Disadvantaged Children
incompetence to deprive the wife of custody, the husband A:
must clearly establish that her moral lapses have had an adverse 1. Foundlings
effect on the welfare of the child or have distracted the errant 2. Abandoned
spouse from exercising proper parental care. The general rule 3. Neglected
that children less than seven years of age shall not be separated 4. Abused
from the mother finds its raison d'etrein the basic need of minor 5. Others similarly situated
children for their mother's loving care. This is predicated on the
"best interest of the child" principle which pervades not only child Q: What are the rules regarding the right to custody over the
custody cases but also those involving adoption, guardianship, child?
support, personal status and minors in conflict with the law. A:
(PabloGualberto v. Gualberto, 2005) General Rule: Parents are never deprived of the
custody and care of their children.
Under Art. 176 of the FC, parental authority over an illegitimate
child is vested solely in the mother, and this is true Exceptions:
notwithstanding that the child has been recognized by the father 1. For cause
as his offspring. At most, such recognition by the father would be Note: the law presumes that the childs welfare will be best
served in the care and control of his parents.
a ground for ordering the latter to give support to, but not
custody of, the child (David v. Court of Appeals, 250 SCRA 82).
2. If in consideration of the childs welfare or
wellbeing, custody may be given even to a
Note: However, the CA erred in applying Sec. 6, Rule 99 of the
nonrelative.
Rules of Court. This provision applies only when the parents of
the child are married to each other but are separated either by
virtue of a decree of legal separation or because they are leaving Q: What is the basis for the duty to provide support?
separately de facto. In this case, the child's parents were never A: Family ties or relationship, not parental authority.
Note: The obligation of the parents to provide support is not
married. Hence, the portion of the CA decision allowing the child,
coterminous with the exercise of parental authority.
upon reaching the age of ten, to choose which parent to live,
should be deleted therefrom. (Briones v. Miguel, et al., 2004) Q: What is the rule on the parents duty of representation?
A:
Note: Habeas corpus may be resorted to in cases where rightful General Rule: Parents are dutybound to represent
custody is withheld from a person entitled thereto. Under Art.
their unemancipated children in all matters affecting
211 of the FC, both parents in this case have joint parental
their interests;
authority over their child and consequently joint custody over
him. Further, although the couple is separated de facto, the issue Note: This duty extends to representation in court litigations.
of custody has yet to be adjudicated by the court. In the absence
of a judicial grant of custody, both parents are still entitled to the Exception: A guardian ad litem may be appointed by
custody of their child. (Salientes, et al. v. Abanilla, et al.,G.R. No. the court to represent the child when the best interest
162734, Aug. 29, 2006) of the child so requires.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
engaged in child care or in childrens homes duly Q: State The Rule Established Under Doctrine Of Vicarious
accredited by the proper government agency. Liability [Art. 2180 (2, 3, 7, 8), CC] 63
A:
Note: Such commitment must not exceed 30 days. 1. The father, and in case of his death, the mother
are responsible for the damages caused by their
Q: What are the limitations on the exercise of the right to minor children who live in their company
discipline the child and what are its consequences? 2. Guardians are liable for damages caused by the
A: Persons exercising such right is not allowed to: minors or incapacitated persons who are under their
1. treat the child with excessive harshness or cruelty; or authority and live in their company
2. inflict corporal punishment. 3. Teachers or heads of establishments of arts and
trades shall be liable for damages caused by their
Otherwise, the following are its consequences: pupils and students or apprentices, so long as they
1. Parental authority may be suspended; remain in their custody
2. Parent concerned may be held criminally liable for
violation of RA 7160 (Special Protection of Children Responsibility in Art. 2180 shall cease when the persons
against Abuse, Exploitation and Discrimination Act) responsible mentioned prove that they observed all the diligence
of a good father of the family
Q: To whom may special parental authority be granted?
A: EFFECT OF PARENTAL AUTHORITY UPON THE PERSONS
1. School administrator and teachers; OF THE CHILDREN
2. Individual entity or institution engaged in child
care. Q: What Are The Rights Of Parents Upon The Person Of The
Note: Exercised over minor child while under their supervision, Children
instruction or custody. A:
1. To keep them in their company [Art. 220, FC]
The special parental authority and responsibility applies to all 2. To represent them in all matters affecting their
authorized activities, whether inside or outside the premises of interests [Art. 220, FC]
the school, entity or institution. (St. Marys Academy v. 3. To demand from them respect and obedience and
Carpitanos, 2002) impose necessary discipline on them [Art. 220, FC]
4. To administer their property and to use the fruits
and income for the support of the children and
Q: What are the distinctions between substitute parental collective daily needs of the family [Art. 225 and 226,
authority and special parental authority? FC]
A: 5. To give or withhold consent to their marriage, their
marriage settlements, their donations by reason of
SUBSTITUTE PARENTAL SPECIAL PARENTAL marriage, adoption, and employment [Tolentino]
AUTHORITY AUTHORITY 6. To disinherit them for just cause [Tolentino]
Exercised in case of: 1. Exercised concurrently with Art. 220 which states that the parent has a right to impose
1. Death, the parental authority of the necessary discipline on the child does not authorize the parent to
2. Absence, or parents; invade or disregard the childs honor and dignity under the mask
3. Unsuitability of 2. Rests on the theory that
of discipline. Such acts can never be justified as parental
parents while the child is in the
custody of the person punishment. (People v. Silvano, 1999)
exercising special parental
authority, the parents Q: What Are the Duties Of Parents Upon The Person Of The
temporarily relinquish parental Children
authority over the child to the A:
latter. 1. To support them, providing for their upbringing in
accordance with their means [Art. 220, FC]
2. To educate, instruct, and provide them with moral
and spiritual guidance and love and understanding
Q: What is the liability of persons exercising special parental [Art. 220, FC]
authority over the child? 3. To furnish them with good and wholesome
A: educational materials, supervise their activities,
1. Principal and solidary liability for damages caused recreation and association with others, protect them
by the acts or omissions of the minor child while from bad company, and prevent them from acquiring
under their special parental authority habits detrimental to their health [Art. 220, FC]
2. Subsidiary liability for the parents and judicial 4. To perform such other duties as are imposed by
guardians of the minor, or those exercising substitute law [Art. 220, FC]
parental authority over such minor for his acts and 5. To give their lawful inheritance [Tolentino]
omissions 6. To protect them from unlawful aggression
[Tolentino]
Note: Both groups can use the defense that they exercised proper 7. To answer for damages caused by their fault or
diligence to avoid liability
negligence and for the civil liability for crimes
committed by them. [Art. 221, FC]
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Q: What Is the Rule On Substitute Representation Q: State The Rule On Ownership Of Childs Acquisitions
A: The courts may appoint a guardian of the childs property, or A: The property of the unemancipated child earned or acquired 64
a guardian ad litem when the best interests of the child so with his work or industry or by onerous or gratuitous title shall
requires. [Art. 222, FC] belong to the child in ownership and shall be devoted exclusively
Q: State The Rule On Court Assistance In The Discipline Of The to the latters support and education, unless the title or transfer
Child provides otherwise. [Art. 226, FC]
A:
1. The parents or, in their absence or incapacity, the Q: State the Rules When Parents Entrust The Management Of
individual, entity or institution exercising parental Their Properties To A Child [Art. 227, FC]
authority, may petition the proper court of the place A:
where the child resides, for an order providing for 1. If the parents entrust the management or
disciplinary measures over the child. [Art. 223, FC] administration of any of their properties to an
2. The child shall be entitled to the assistance of unemancipated child, the net proceeds of such property
counsel, either of his choice or appointed by the shall belong to the owner.
court, and a summary hearing shall be conducted 2. The child shall be given a reasonable monthly
wherein the petitioner and the child shall be heard. allowance in an amount not less than that which the
[Art. 223, FC] owner would have paid if the administrator were a
3. If the court finds the petition meritorious, disciplinary stranger, unless the owner grants the entire proceeds to
measures may include the commitment of the child the child.
for not more than 30 days in entities or institutions 3. In any case, the proceeds thus given in whole or in
engaged in childcare or in childrens homes duly part shall not be charged to the childs legitime.
accredited by the proper government agency. [Art. 224,
FC] Q: What are the kinds of properties of a minor? Distinguish.
a. The parent exercising parental authority A:
shall not interfere with the case of the child ADVENTITIOUS PROSFECTITIOUS
whenever committed but shall provide for his
support. [Art. 224, FC] 1. Earned or acquired by the 1. Property given by the
b. Upon proper petition or at its own child through his work or parents to the child for the
instance, the court may terminate the industry by onerous or latter to administer;
gratuitous title; 2. Owned by the parents;
commitment of the child whenever just and
2. Owned by the child; 3. Parents are usufructuary;
proper. [Art. 224, FC] 3. Child is also the usufructuary, 4. Property administered by
4. If the court finds the petitioner at fault, irrespective but the childs use of the the child.
of the merits of the petition, or when the circumstances property shall be secondary to
so warrant, the court may also order the deprivation or all collective daily needs of the
suspension of parental authority or adopt such other family;
measures as it may deem just and proper. [Art. 223, 4. Administered by the parents.
FC]
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Exceptions: Court authorization is required if: Q: When may the suspension be revoked and parental authority
1. If the lease will be recorded in the Registry of revived? 65
Property; A: There must be a case filed for the purpose or in the same
2. If the lease is for a period of more than one year, proceeding if the court finds that the cause therefore had ceased
because this is already deemed an act of dominion. and will not be repeated.
Parental authority is the mass of rights and obligations which When a parent entrusts the custody of a minor to another, such
parents have in relation to the person and property of their as a friend or godfather, even in a document, what is given is
children until their emancipation, and even after this under merely temporary custody and it does not constitute a
certain circumstances (Manresa). renunciation of parental authority. Even if a definite renunciation
is manifest, the law still disallows the same. (Santos Sr. v. CA,
SUSPENSION OR TERMINATION OF PARENTAL 1995)
AUTHORITY
Only the most compelling of reasons shall justify the court's
Q: When Is Parental Authority Permanently Terminated awarding the custody of such a child to someone other than his
A: mother, such as her unfitness to exercise sole parental authority.
1. Upon death of parents [Art. 228, FC] In the past the following grounds have been considered ample
2. Upon death of child [Art. 228, FC] justification to deprive a mother of custody and parental
3. Upon emancipation of child [Art. 228, FC] authority: neglect, abandonment, unemployment and immorality,
4. If the parents exercising parental authority has habitual drunkenness, drug addiction, maltreatment of the child,
subjected the child or allowed him to be subjected to insanity and being sick with a communicable disease. (Perez v.
sexual abuse [Art. 232, FC] CA, 1996)
In the case of death of parents, there is no absolute termination It is clear that every child [has] rights which are not and should
of parental authority because while the child is still a minor, the not be dependent solely on the wishes, much less the whims and
grandparents, brothers and sisters, or a guardian may exercise caprices, of his parents. His welfare should not be subject to the
substitute parental authority over the child [Art. 216, FC] parents' say-so or mutual agreement alone. Where, as in this
case, the parents are already separated in fact, the courts must
Q: When can termination of parental authority be revived by final step in to determine in whose custody the child can better be
judgment [art. 229, fc] assured the rights granted to him by law. The need, therefore, to
A: present evidence regarding this matter, becomes imperative.
1. Upon adoption of the child; (Laxamana v. Laxamana, 2002)
2. Upon the appointment of a general guardian for
the child; In a very real sense, then, a judgment involving the custody of a
3. Upon judicial declaration of minor child cannot be accorded the force and effect of res
a. Abandonment of the child in a case filed judicata. Now to another point. In disputes concerning post-
for the purpose separation custody over a minor, the well-settled rule is that no
b. Absence or incapacity of the person child under seven (7) years of age 50 shall be separated from
exercising parental authority the mother, unless the court finds compelling reasons to order
4. Upon final judgment of a competent court divesting otherwise. (Beckett v. Sarmiento, 2013)
the party concerned of parental authority.
The liability for the accident, whether caused by the negligence
Q: What are the grounds for suspension of parental authority of the minor driver or mechanical detachment of the steering
[art. 230 and 231, fc] wheel guide of the jeep, must be pinned on the minors parents
A: primarily. The negligence of petitioner St. Marys Academy was
1. Conviction of parent for crime which carries with it only a remote cause of the accident. (St. Marys Academy v.
the penalty of civil interdiction Carpitanos, 2002)
2. Treats child with excessive harassment and cruelty
3. Gives corrupting orders, counsel, or example It is a rule long accepted by the courts that the right of parents
4. Compels child to beg to the custody of their minor children is one of the natural rights
5. Subjects the child or allows him to be subjected to incident to parenthood, a right supported by law and sound
acts of lasciviousness public policy. (Sagala-Eslao vs. CA, 1997)
The aforesaid grounds are to include cases which resulted from Parental authority cannot be entrusted to a person simply
culpable negligence of the parent or the person exercising because he could give the child a larger measure of material
parental authority. comfort than his natural parent. (Cang vs. CA, 1998).
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Under the law, a parent, acting merely as the legal (as
distinguished from judicial) administrator of the property of
SUMMARY JUDICIAL
his/her minor children, does not have the power to dispose of, or PROCEEDINGS IN THE FAMILY 66
alienate, the property of said children without judicial approval.
(Lindain v. CA, 1999)
LAW
Administration includes all acts for the preservation of the Q: What are the matters subject to summary proceedings?
property and the receipt of fruits according to the natural A:
purpose of the thing. Any act of disposition or alienation, or any 1. Petition for judicial authority to administer or
reduction in the substance of the patrimony of child, exceeds the encumber specific separate property of the
limits of administration. Thus, a father or mother, as the natural abandoning spouse.
guardian of the minor under parental authority, does not have 2. Petition for an order providing for disciplinary
the power to dispose or encumber the property of the latter. measures over a child.
(Neri v. Heirs of Hadji Yusop, 2012) 3. Petition for approval of bond of parents who
exercise parental authority over the property of their
Indeed, what determines the fitness of any parent is the ability children.
to see to the physical, educational, social and moral welfare of 4. Judicial declaration of presumptive death.
the children, and the ability to give them a healthy environment 5. Action of a child for delivery of presumptive
as well as physical and financial support taking into consideration legitime.
the respective resources and social and moral situations of the 6. Judicial determination of family domicile in case of
parents. (Bondagjy vs. Bondagjy, 2001) disagreement between the spouses
7. Objection of one spouse as to the profession of the
other.
In reference to abandonment of a child by his parent, the act of 8. Action entrusting parental authority over foundlings,
abandonment imports any conduct of the parent which evinces abandoned, neglected or abused children to heads of
a settled purpose to forego all parental duties and relinquish all institutions.
parental claims to the child. It means neglect or refusal to 9. Annulment by wife of the husband's decision in the
perform the natural and legal obligations of care and support administration and enjoyment of community or
which parents owe their children. (Cang vs CA, 296 SCRA 128) conjugal property.
10. Appointment of one of the spouses as sole
administrator but only when the other spouse is
EMANCIPATION absent, or separated in fact, or has abandoned the
other or the consent is withheld. (Uy v. CA, 2000)
Q: How does emancipation take place?
A: By attainment of majority at the age of (18) eighteen years. Q: How shall matters subject to summary proceedings be
decided?
Q: What are the effects of emancipation? A: All cases requiring summary court proceedings shall be
A: decided in an expeditious manner, without regard to technical
1. Parental authority over the person and property of rules.
the child is terminated
2. Child shall be qualified and responsible for all acts of Since, by express mandate of Article 247 of the Family Code, all
civil life, save exceptions established by existing laws. judgments rendered in summary judicial proceedings in Family Law are
a. Contracting marriage shall require immediately final and executory, the right to appeal was not granted to
any of the parties therein. The Republic, as oppositor in the petition for
parental consent until the age of (21) twenty
declaration of presumptive death, should not be treated differently. It
one. had no right to appeal the RTC decision of November 7, 2001. The RTC's
b. The responsibility of parents or guardians decision was immediately final and executory upon notice to the parties.
for children and wards below (21) (Republic v. BermudezLorino, January 19, 2005)
twentyone under the second and third
paragraphs of Art.2180 of the Civil Code Note: However, an aggrieved party may file a petition for certiorari to
shall not be derogated. question abuse of discretion amounting to lack of discretion. ( Republic v.
Emancipation takes place by the attainment of majority. Unless Tango, 2009)
otherwise provided, majority commences at the age of eighteen
years. Q: What are the procedural rules provided for in this title shall
Art. 236, FC. Emancipation shall terminate parental authority apply to (Art. 238, FC)
over the person and property of the child who shall then be A:
qualified and responsible for all acts of civil life, save the 1. Separation in fact between husband and wife
exceptions established by existing laws in special cases. 2. Abandonment by one of the other
Contracting marriage shall require parental consent until the age 3. Incidents involving parental authority
of twenty-one.
Q: What are the requirements to prove separation in fact
Nothing in this Code shall be construed to derogate from the A: A verified petition alleging the following facts is required when
duty or responsibility of parents and guardians for children and (Art. 239):
wards below twenty-one years of age mentioned in the second 1. A husband and wife are separated in fact; or,
and third paragraphs of Article 2180 of the Civil Code. 2. One has abandoned the other
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Where one of them seeks judicial authorization for a transaction one spouse is is an incompetent. A comatose spouse is
where the consent of the other spouse is required by law but incompetent. (Uy Jardeleza vs. CA, 2000) 67
such consent is withheld or cannot be obtained, the petition
shall: By express provision of law, the judgment of the court in a
1. Attach the proposed deed, if any, embodying the summary proceeding shall be immediately final and executory. As
transaction, if none, shall describe in detail the said a matter of course, it follows that no appeal can be had of the
transaction and state the reason why the required trial courts judgment in a summary proceeding for the
consent thereto cannot be secured. declaration of presumptive death of an absent spouse under
2. The final deed duly executed by the parties shall be Article 41 of the Family Code. (Republic v. Tango, 2009)
submitted to and approved by the court.
In Summary Judicial Proceedings under the Family Code, there is
Q: What Is The Rule On Filing Separate Claim For Damages no reglementary period within which to perfect an appeal,
A: Claims for damages by either spouse, except costs of the precisely because judgments rendered thereunder, by express
proceedings, may be litigated only in a separate action. [Art. provision of Section 247, Family Code, supra, are "immediately
240,FC] final and executory". It was erroneous, therefore, on the part of
the RTC to give due course to the Republics appeal and order
Q: Which Court Has Jurisdiction the transmittal of the entire records of the case to the Court of
A: Jurisdiction over the petition shall, upon proof of notice to the Appeals. (Rep. v. Bermudez-Lorino, 2005)
other spouse, be exercised by the proper court authorized to
hear family cases, if one exists, or in the regional trial court or its
equivalent sitting in the place where either of the spouses
resides. [Art. 241, FC]
FINAL PROVISIONS
Q: State The Rule On Notice To Other Spouse [Art. 242, FC] Q: What is the rule on the retroactivity of the Family Code?
A: A:
1. Upon the filing of the petition, the court shall notify General Rule: The Code shall have retroactive
the other spouse, whose consent to the transaction is effect.
required, of said petition, ordering said spouse to Exception: No retroactivity if it would prejudice
show cause why the petition should not be granted, vested rights.
on or before the date set in said notice for the initial
conference. Q: What is a vested right?
2. The notice shall be accompanied by a copy of the A: Some right or interest in property that has become fixed or
petition and shall be served at the last known address established, and is no longer open to doubt or controversy.
of the spouse concerned. Rights are vested when the right to enjoyment, present or
prospective, has become the property of some person as present
Rule 95 of the ROC, not the Rule on Summary Proceedings in the interest
Family Code, shall apply in a sale of a conjugal property where
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
PROPERTY
68
INTRODUCTORY CONCEPTS the soil is not a real property. (Bicerra vs. Teneza, 6 SCRA
649, 651.1962.)
Q: What is Property?
A: Property is anything which are or maybe the object of 2. IMMOVABLE BY INCORPORATION or those
appropriation (Article 414, NCC) which are movables but are essentially treated as
immovables by reason of their attachment or
Q: What is the difference between property and things? incorporation to an immovable in such a manner
A: As to scope, property is technical in concept as it only as to be an integral part thereof, such as those
embraces anything which is susceptible to under pars. 2,3,4,6 of Article 415, NCC :
appropriation; while a thing is broader in scope as it
includes anything which may or may not be the object a. trees, plants, and growing fruits, while they
of appropriation. are attached to the land or form an integral
part of an immovable;
Q: What are the characteristics of property?
A: The characteristics of property are: NOTE: Growing fruits, although still attached to
the soil, may be treated as personal or movable
property for purposes of sale of the whole or part of
a. UTILITY, which is the capacity of property to the crops, and for attachment and execution
satisfy human needs and be used to serve an end; under the Chattel Mortgage Law
b. SUBSTANTIALITY, that is, the individuality of
property, having a separate and autonomous b. everything attached to an immovable in a
existence; and fixed manner, in such a way that it cannot be
c. APPROPRIABILITY, which is the susceptibility of separated therefrom without breaking the
property of being appropriated for private ownership. material or deterioration of the object ;
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
are to be owned by the lessee at the of the lease, the transformer units are automatically
end of the lease; in which case, the belong to the tenant, in which case, the REM prevails 69
latter is the owners agent); since the tenant is considered as the agent of the
ii. they must be intended to be used in owner.
an industry or work, and tend
directly to meet the needs of such; MOVABLE/ PERSONAL PROPERTIES
and
iii. such industry or work must be Q: What are the movable or personal properties?
carried on in a building or a on a A: The movable properties are:
piece of land.
a. Those things which are susceptible to appropriation
b. fertilizer actually used on a piece of land; and not otherwise included under Article 415 of the NCC,
and which can be transported from place to place
c. docks and structures which, through floating, without impairment of the real property to which
are intended by their nature and object to they are fixed;
remain at a fixed place on a river, lake, or b. Real property which by any special provision of law
coast. is considered as personalty (e.g. growing fruits,
while attached to the land, for purposes of the sale
NOTE: Vessels are essentially movable, but they partake to of the whole or part of the crops, for purposes of the
a certain extent of the nature and conditions of real property Chattel Mortgage Law, or for purposes of attachment
due to their value and importance. or execution);
c. Forces of nature which are brought under the
While the two storage tanks are not embedded in the land,
control by science (e.g. gas and electricity);(Article
they may, nevertheless, be considered as improvements on
the land, enhancing its utility and rendering it useful to the oil 416,NCC)
industry. It is undeniable that the two tanks have been d. Obligations and actions which have for their object
installed with some deG.R.ee of permanence as receptacles movable or demandable sums;and
for the considerable quantities of oil needed by Meralco for its e. Shares of stock of agricultural, commercial and
operations. (MERALCO vs. CBAA, May 31, 1982) industrial entities, although they may have real
estate; (Article 417,NCC)
4. IMMOVABLE BY ANALOGY- contracts for public Q: What are the tests to determine whether a property is
works, and servitudes and other real rights over movable or not?
immovable property ( par. 10, Article 415,NCC) A: The tests to determine whether the property is
movable or not are:
Q: How is the Priniciple of Estoppel applied in the
classification of property as immovable or movable? a. Whether the property can be transported from
A: place to place without injury to the immovable
The classification of property as an immovable or to which it may be attached (RULE OF
movable maybe determined according to the intent of DESCRIPTION); and
the parties. When the parties to a contract treats a b. Whether the property is not included in the
property such as building as the subject of a Chattel enumeration under Article 415 of the NCC
Mortgage contract, the building shall be considered as (RULE ON EXCLUSION).
movable, separate to the land it is attached, and as
such, the parties are bound by their stipulation and Q: What are the classifications of movable property?
they cannot latter on impugn the same under the A: According to their possibility of being consumed,
principle of estoppel. The foregoing principle shall not movable properties may either be:
apply to third parties who are strangers to the said
contract. i. Consumables or those which cannot be
used in a manner appropriate to their nature
A building treated separately from the land on which it stood without their being consumed; and
is immovable property and the mere fact that the parties to a ii. Non- consumables or those which can be
contract seem to have dealt with it separate and apart from
used in a manner appropriate to their nature
the land on which it stood in no wise changed its character as
immovable property.(Punzalan, Jr. v. Vda. De Lacsamana, 121 without their being consumed.(Article 418,
SCRA 331. 1983) NCC)
Q: Transformer units attached to a building were the According to their possibility of being substituted,
subject of a Chattel Mortgage (CHM). Thereafter, the movable properties may either be:
owner mortgaged the same under a Real Estate
Mortgage (REM)? Which of the two mortgages prevail i. Fungible or those which can be substituted
if they became due at the same time? by others of the same kind and quality; and
A: ii. Non-fungibles or those which cannot be
It is the REM which will prevail since the transformer substituted by others of the same kind and
units are immovable, the same being attached to the quality.
building by the owner to make it an integral part
thereof, and to use the same in a particular industry. If
the mortgagor in the two contracts was only a tenant,
the CHM will prevail as the transformer units are
considered as movable property; except, if there is a
stipulation under the contract of lease that at the end
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Q: What is the importance of knowing the distinction
between immovable and movable properties? a. Properties without any known owner (RES 70
A: Knowing the distinction between the classification of NULLIUS);
property as immovable or movable is significant in the b. Properties which are of public dominion and are
following aspects: thus owned by the State (RES COMMUNES);
c. Properties which may be acquired individually or
a. In criminal cases, to establish what crime is really collectively for private ownership (RES
committed (e.g. theft is to movables; robbery to ALLICUJUS)
movables or immovables);
Q: What are res nullius properties?
International telephone calls placed by Bay Super Orient A: Res nullius properties are those without any known
Card holders, the telecommunication services provided owner, and can be acquired only through the mode of
by PLDT and its business of providing said services OCCUPATION, that is, through either fishing or
are not personal properties under Article 308 of the
hunting. These res nullius properties includes only
Revised Penal Code. The construction by the
respondents of Article 308 of the said Code to include, personal or movable properties, such as, school of fish
within its coverage, the aforesaid international telephone in the sea, animals in the forest and even abandoned
calls, telecommunication services and business is contrary to animals. Once occupation was made, the thing itself
the letter and intent of the law. The words "Personal must be subjected to physical control, seizure and
property" under the Revised Penal Code must be detention of the thing.
considered in tandem with the word "take" in the law. The
statutory definition of "taking" and movable property Q: What are considered res communes properties?
indicates that, clearly, not all personal properties may be
A: Res communes properties are those belonging to the
the proper subjects of theft. The general rule is that, only
movable properties which have physical or material State, and are intended for the following (Article
existence and susceptible of occupation by another 420,NCC) :
are proper objects of theft. (Laurel vs. Abrogar, G.R. NO. a. Those intended for public use, such as
155076, Jan. 13, 2009) roads, canals, rivers, torrents, ports and
bridges constructed by the State, banks,
b. In taxation, to establish what kind of tax be shores, roadsteads and others of similar
imposed (e.g. real properties are subject to real character. These properties belong to the
property tax); public, as a matter of right, for general
use and enjoyment, subject to
SC held that the equipment and machinery, as regulations by the State;
appurtenances to the gas station building or shed owned by b. Those intended for public service or
Caltex (as to which it is subject to realty tax) and which those belonging to the State, without
fixtures are necessary to the operation of the gas station,
being for public use (e.g. government
for without them the gas station would be useless, and
which have been attached or affixed permanently to the buildings, military camps and navy
gas station site or embedded therein, are taxable ships); and
improvements and machinery within the meaning of the c. Those that are intended for the
Assessment Law and the Real Property Tax Code.(Caltex development of national wealth
Phils., Inc., vs. CBAA, May 31, 1982) under the concept of jura regalia, which
are owned by the State, such as mineral
c. As to forms and solemnities of contract such as lands, forests, timber lands and other
donation or sale, greater requirements are natural resources (Section 2, Article XII,
imposed when the subject of the same is a real 1987 Constitution).
property;
d. In the determination of venue of actions, actions NOTE: For provinces, cities, and municipalities, they owned
involving personal properties may be instituted in properties intended only for public use, which they paid for or
the residence of the plaintiff or the defendant, at acquired either through onerous/ gratuitous title or those
the option of the plaintiff; while actions involving conveyed to them by the State (Article 424, NCC). All
properties not acquired by the LGUs through the foregoing
real properties must be instituted in the place
modes shall remain to be owned by the State, the former
where the real property is located; being only a mere trustee of the same.
e. In acquisitive prescription, personal properties
may be acquired thru 4 (good faith) or 8 years Q: What are the characteristics of properties of
(bad faith) prescription; while real properties public dominion?
maybe acquired thru 10 (good faith) or 30 years A: The characteristics of properties of public dominion are
(bad faith) prescription; and the following:
f. As to object of accessory contracts, personal
properties are the subject of pledge or chattel a. They are outside or beyond the commerce of
mortgage ; while real properties are the subject of man; hence, cannot be alienated or leased or
real estate mortgage. otherwise be the subject matter of contracts;
except, if such contract is temporary in character
CLASSIFICATIONS OF PROPERTY such as those allowed by the 1987 Constitution;
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
agreements with private individuals or corporations for
their exploration, development and utilization
(Menchavez vs Teves, Jr, 449 SCRA 380) 71
b. They cannot be the subject of ACQUISITIVE
PRESCRIPTION. Since properties of public domain
are not susceptible to private appropriation,
they cannot be registered under the Land
Registration Law, and be the subject of a Torrens
title;
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Q: When is the right to exclude other persons from the
TITLE II - OWNERSHIP enjoyment and disposal of the property necessary and
justified?
72
Q: What is ownership? A: The owner or lawful possessor of a thing has the right
A: Ownership is an independent right of exclusive to exclude any person from the enjoyment and
enjoyment and control of a thing for the purpose of disposal thereof, and may use such force as may be
deriving therefrom all advantages required by reasonably necessary to repel or prevent an actual or
reasonable needs of the owner and the promotion of threatened unlawful physical invasion or usurpation of
the general welfare but subject to the restrictions a property- DOCTRINE OF SELF-HELP (Article
imposed by law and the rights of others. (Outline of 429,NCC).
Civil Law, Reyes and Puno, Vol. II,20.)
Requisites of the Doctrine of Self-help:
Q: What may be the subject matter of ownership?
A: Ownership may be exercised over things and rights i. The force must be employed by the
(Article 428,NCC). owners of the property, or any of its
lawful possessor;
Q: What are the kinds of ownership? ii. There must be an actual or threatened
A: The kinds of ownership are: unlawful physical invasion or usurpation
of ones own property; and
a. FULL OWNERSHIP (dominium or jus in re iii. It must be exercised at the time of actual
propia) which includes all the rights of the owner; or threatened dispossession, such that,
b. NAKED OWNERSHIP (nuda proprietas) where there must be no lapse of time from the
the right to the use and the fruits(usufruct) has actual or threatened usurpation or
been denied; invasion to the employment of force by
c. SOLE OWNERSHIP or where the ownership of a the owner or lawful possessor.
property is vested only in one person; and
d. CO-OWNERSHIP where ownership is vested in The doctrine of self-help can only be exercised at the time of
two or more persons, and there is unity of the actual or threatened dispossession, and not when possession
property and plurality of the subjects. has already been lost. (German Management & Services,
Inc. v. CA. 177 SCRA 495 1989)
Q: What are the attributes of ownership?
A: The attributes of ownership are: Q: When is the right to prohibit interference of other
persons from the property may not be exercised by the
a. The right to enjoy, which includes: owner thereof?
A: To note, the owner of a property may enclose or fence
i. The right to use (JUS UTENDI); his land or tenements by whatever means, without
ii. The right to enjoy the fruits (JUS FRUENDI); detriment to the servitudes constituted thereon, to
iii.The right to consume or abuse the thing by prohibit the interference of third persons (Article 430,
its use (JUS ABUTENDI); and NCC).However, the owner may be limited in exercising
iv. The right to possess (JUS POSSEDENDI); the same if the interference is necessary to avert an
imminent danger and the threatened damage,
b. The right to the accessions on the property compared to the damage arising to the owner from the
(JUS ACCESIONES); interference, is much greater. The owner may however
demand from the person benefited indemnity for the
c. The right to dispose (JUS DISPONENDI), or the damage to him- DOCTRINE OF STATE OF
right to alienate, encumber, transform, or even to NECESSITY (Article 432, NCC).
destroy the property; and
Requisites of the Doctrine of State of
d. The right to vindicate (JUS VINDICANDI), or the Necessity:
right of action available to the owner to recover i. There must be a situation of grave peril, an
the property against the holder or possessor or to actual or imminent danger, either upon the
exclude others from possession of the thing. person of the actor or a third person or their
property;
RIGHT TO ENJOY ii. The interference is necessary to avert such
danger;
Q: What does the right to enjoy the property include? iii. The threatened damage, compared to the
A: The right to enjoy the property is to employ the same damage arising from the owner from the
for the purpose for which it is fit, without destroying it, interference, is much greater; and
and which employment can therefore be repeated. It iv. The state of necessity must not be brought
includes the right to possess and use the property, to about by the intentional provocation of the
enjoy its fruits and to consume or abuse the same. In party invoking the same.
the use and enjoyment of the property, however, the
owner must make use thereof in such a manner as not NOTE: The owner of the property is compelled to tolerate
the destruction of his property; thus, there is a corollary duty
to injure the rights of a third person (Article
from those persons who benefited from the same to pay the
431,NCC).Otherwise, the owner may be liable for proper indemnity for the damages suffered by
damages in case there is abuse of rights; except, if the the owner of the sacrificial property.
exercise of such right is proven to be done in good
faith (damnum absque injuria).
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SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Q: Which prevails in case of conflict between the Doctrine b. The lawful ownership of which must not appear.
of Self- Help and Doctrine of State of Necessity? (Article 439, NCC). 73
A: In case of a conflict between the exercise of a right of
self-help and the proper and licit state of necessity, the Note: Natural resources such as gold mines, diamond
latter prevails because there is no unlawful aggression mines, coal, petroleum, mineral, oil, are owned by
when a person or a group of persons acts pursuant to the State under the Regalian Doctrine, even if
the same be found under private lands.
the right given in a state of necessity.
Q: What are the rules on hidden treasure?
Q: What is the extent of ownership of a property? How far
A:
up and how far down?
The rules regarding the ownership of a hidden treasure
A: The owner of a parcel of land has the right over the
are the following:
following as part of his property:
a. If the finder is the owner of the land, building, or
a. Right to the Surface The owner of a parcel of
property on which the treasure is found, the same
land is the owner of its surface and he can
shall be owned by him;
construct thereon any works or make plantations
b. If the finder is not the owner, but a third person,
as he may deem proper;
and the finding of the treasure is by chance, the
finder is entitled to one-half of the treasure; while
b. Right to the Sub-surface The owner of a
the other half belongs to the owner;
parcel of land also owns everything under the
c. If the finder is a trespasser, he shall not be
surface of his property and he can make
entitled to any share of the treasure and shall
excavations thereon to such height or depth
belong solely to the owner of the property on
where it is possible to obtain benefit or
which the treasure is found; and
enjoyment, subject to limitations provided for by
d. If the things found be of interest to science or the
law; and
arts, the State may acquire them at their just
Rights to the sub-surface or sub-soil are indivisible, and, price, which shall be divided in conformity with the
consequently, require a definitive and categorical rules stated. (Article 438, NCC).
classification.(Republic of the Philippines v. Court of
Appeals, 160 SCRA 228 ) When a person who finds a thing that has been lost or
mislaid by the owner takes the thing into his hands, he
acquires physical custody only and does not become
c. Right to the Airspace The landowner has the vested with legal possession. In assuming such custody,
exclusive control of the immediate reaches of the the finder is charged with the obligation of restoring the
enveloping atmosphere or such space above the thing to its owner. It is thus respondents duty to report
ground as he can occupy or use in connection with to his superior or his officemates that he found
the land (reasonable height), subject to the height something. (Palero-Tan v. Urdaneta AM NO. P-07-
restrictions annotated in the certificate of title of 2399, Jun. 18, 2008 )
his land, and the reasonable requirements of
aerial navigation. (Article 437, NCC). RIGHT TO RECOVER
NOTE: The right of the landowner over the surface and sub- Q: What is the right to recover a property?
surface must be without detriment to servitudes and is A: As a consequence of ownership of property, the owner
regulated by laws and ordinance. (Article 437, NCC). Thus, of the same has the right of action against the holder
when the landowner wishes to cut trees growing on the or possessor of the property in order to recover the
surface of his land, he must obtained proper permit from the same. (Article 428, NCC). Furthermore, every actual
Department of Environment and Natural Resources.
possessor under a claim of ownership are presumed to
The landowners right extends to such height or depth be the owner of the property and may resort to such
where it is possible for them to obtain some benefit or judicial means as allowed by law and the Rules of
enjoyment, and it is extinguished beyond such limit as there Court to restore said possession. (Article 433 & 539,
would be no more interest protected by law. In this case, NCC).
the landowners could have dug upon their property
motorized deep wells but were prevented from doing so by Q: What then are the actions/remedies available for the
the authorities precisely because of the construction and recovery of property?
existence of the tunnels underneath the surface of their
A: To note, the owners or possessors of a property has
property. (National Power Corporation v. Ibrahim, 526 SCRA
149 2007) no authority to use force and violence to eject alleged
usurpers of the property, but must resort to judicial
RIGHT TO THE FRUITS process for the recovery of ownership or possession of
the property. (Article 433, NCC).These actions or
Q: What does the right to the fruits include? remedies include the following:
A: The right to the fruits (jus fruendi) of the property
covers natural, industrial and civil fruits arising out 1. For recovery of real properties:
from the property owned.
a. ACCION INTERDICTAL, the main purpose
Q: What is a hidden treasure? of which, is to recover material or physical
A: For a property to be considered a hidden treasure, the possession over the property (de facto
following must be present: possession). It may either be an action for
FORCIBLE ENTRY or an action for
a. The deposit of money, jewelry, or other precious UNLAWFUL DETAINER under Rule 70, of
objects must be hidden and unknown; and the Rules of Court, which is a summary
proceeding.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
UNLAWFUL DETAINER FORCIBLE d. ACTION FOR RECONVEYANCE or the
ENTRY action to recover the real property if the same
As to when possession become unlawful is already registered under the Torrens
74
Possession is inceptively lawful but Possession of the system, but where such registration was
becomes illegal from the time defendant is unlawful actually attended by fraud, and that the
defendant unlawfully withholds from the employment of registered owner has in fact no legal title
possession after the expiration or FORCE, INTIMIDATION, thereto. This action must contain an
termination of his right thereto. THREAT,STEALTH, or allegation of the creation of IMPLIED TRUST
STRATEGY in for the benefit of the lawful owner. It must be
A person who occupies the land of dispossessing the lawful
file within 10 years from registration if the
another at the latter's tolerance or owner or possessor from
permission, without any contract the property
ground is based on implied trust; otherwise, if
between them, is necessarily bound the ground is founded on patent nullity, the
by an implied promise that he will same is imprescriptible.
vacate the same upon demand,
failing which a summary action for 2. For recovery of movable properties, the action
ejectment is the proper remedy available is REPLEVIN under Rule 60 of the Rules
against them. of Court. This is an action in personam, which is
( Barrientos v.Rapal, G.R. NO. available whenever a personal property has been
169594,July 20, 2011)
unlawfully detained by another person to the
As to the issue
Physical possession (De facto possession)
detriment and prejudice of the lawful owner. It is
As to when the prescriptive period is counted an essential allegation in the said action that the
Within 1 year from the last written a. Within 1 year subject property has not been seized for execution
demand to vacate from actual purposes or has not been taken for taxation
ouster if purposes.
dispossession
was through A property that is validly deposited in custodial legis
force, cannot be the subject of a replevin suit. (Calub vs. Court
intimidation, of Appeals, 331 SCRA 55.2000)
and threat;
Note: In all these actions to recover a property, the plaintiff
b. Within 1 year must prove:
from discovery a. that he has a better title over the property;
if dispossession b. the disputed property must be clearly identified; and
was through c. that the plaintiff must rely on the strength of his title,
stealth or and not on the weakness of the defendants claim.
strategy (Article 434, NCC).
As to which court has jurisdiction
MUNICIPAL TRIAL COURT RIGHT TO DISPOSE
(where the land/property is located)
Q: What is the right to dispose?
A: The right to dispose includes the right to alienate the
In forcible entry, the possession is illegal from the beginning
property, gratuitously or onerously, such as to donate,
and the only issue is who has the prior possession de facto.
In unlawful detainer, possession was originally lawful but
sell, pledge or mortgage the same. A seller need not
became unlawful by the expiration or termination of the be the owner at the time of perfection of the contract
right to possess and the issue of rightful possession is the of sale, it being sufficient that he be the owner at the
one decisive, for in such action, the defendant is the party in time of delivery. However, in a mortgage or pledge, it
actual possession and the plaintiff's cause of action is the is necessary that the mortgagor or pledgor must own
termination of the defendant's right to continue in possession. the property; otherwise, the same would be void.
(Del Rosario v. Roxas Foundation,,June 8, 2011 )
LIMTITATIONS ON OWNERSHIP
b. ACCION PUBLICIANA, which is a plenary
action, the purpose of which is to recover de Q: May a persons ownership or possession over his
jure possession, after the expiration of 1 year property be deprived?
from accrual of the cause of action or from A: YES. A person may be deprived of his property but
forcible entry or unlawful detainer. It must be only by competent authority, that is, by the State and
file within 10 years from dispossession before its agencies and instrumentalities, including the local
the proper court basing on the assessed value government units, for public use, or in the interest of
of the property; health, safety or security, subject to the payment of
just compensation in proper instances. (Article 435 and
c. ACCION REINDIVICATORIA or an action 436, NCC).
to recover ownership or title over the real
property, which must be filed within 10 years Q: What are the general limitations on the right of
(good faith) or 30 years (bad faith) from the ownership over ones own property?
accrual of the cause of action, before the A: The ownership over the property is limited by the
proper court basing on the assessed value of following as exercised by the State, its agencies and
the property; instrumentalities, including the local government units,
to wit:
Note: This remedy shall not be available if the
subject property already passed to the hands of an
innocent party or buyer in good faith.
a. Police Power of the State, that is, when the
State regulate or restrict the use of ones property
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DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
for the promotion of general welfare, as long as ACCESION DISCRETA
the means employed are reasonably necessary for Q: What does accession discreta include? 75
the accomplishment of the purpose, and is not A: Accession discreta includes everything which is
duly oppressive upon individuals; produced from the property owned, which may either
be:
b. Power of Eminent Domain, that is, when the a. Natural fruits or spontaneous products of
State takes a private property for public use upon the soil and the young and other products of
proof of the necessity of taking the same, and animals (e.g. wild fruits, herbs, milk from
payment of just compensation, through animas, wool, eggs, animals dung and
expropriation proceedings as required by the Rules manure);
of Court; and b. Industrial fruits or those produced by
lands of any kind through cultivation or labor
Note: If the private property taken is noxious or (e.g. palay, coffee beans from coffee
intended for a noxious purpose, or if the property is plantation, corn, sugar, vegetables produced
condemned in the interest of health, safety, or security, by farmers); and
the taking of the same is not compensable.
c. Civil fruits or the rents of buildings, the price
of leases of lands and other property and the
c. Power of Taxation.
amount of perpetual or life annuities or other
similar income. (Article 442, NCC).
Q: What are the other limitations upon the right of
ownership? Note: Salaries or wages are not considered as
A: The other limitations on the ownership of property are similar income to be treated as accession discreta,
the following: as they are only renumerations of the services
rendered, and do not derived from movable or
a. Those that are imposed by law, such as legal immovable properties.
easements (Article 634, NCC) ; the prohibition on
the alienation or encumberance of lands acquired Q: To whom does the offspring of animals belong when
through free patent or homestead, within 5 years the male and female belong to different owners?
from the issuance of such patent (Section 118, A: If the young or offspring is a product of animals
C.A. No. 141); and that the owner of a property belonging to different owners, the young belongs to
cannot make use thereof in such a manner as to the owner of the female parent, in the absence of any
injure the rights of third persons (Article 431, agreement, custom or speculation to the contrary,
NCC); following the principle of partus sequitur ventremthe
b. Those imposed under a contract or agreement, offspring belongs to the owner of the female. (US vs.
such as voluntary easements; and Caballero, 25 Phil. 356.1913)
c. Those imposed by the owner himself such as,
when the testator prohibits the alienation of the Note: In case there would be a mixture of animals, such as
property given by will, but the same shall not cattles, and there is no agreement, the abovementioned principle
shall be applied.
exceed 20 years.
Q: When is the offspring considered a fruit?
A: As a general rule, only such as are manifest or born
ACCESSION are considered as natural or industrial fruits. However,
the young of an animal is considered a fruit from the
Q: What is accession? time the unborn animals fetus or conception becomes
A: Accession is the right of the owner of a thing to apparent or manifest. Thus, with respect to animals, it
become the owner of everything that is produced is sufficient that they are in the womb of the mother,
thereby or which may be inseparably attached or although unborn. (Article 444, NCC).
incorporated thereto, either naturally or artificially.
(Article 440,NCC) Q: When is the owner of a property not entitled to the
natural, industrial or civil fruits of the property?
Q: Is accession a mode of acquiring ownership? A: The owner of the property is not entitled to the fruits
A: NO. Accession is not a mode of acquiring ownership, of the property in the following instances:
but only a consequence of the right of ownership. a. In usufruct, the usufructuary shall be entitled to
Furthermore, accession is not included in the all the natural, industrial, and civil fruits of the
enumerations provided under the Article 712 of the property in usufruct (Article 566, NCC);
Civil Code as a mode acquiring ownership. b. In lease of rural land, the lessee is entitled to
the natural and industrial fruits of the thing leased
Q: What are the kinds of accession? while the lessor is entitled to the civil fruits in the
A: Accession has two kinds. One is ACCESSION form of rent paid by the lessee (Article 1654,NCC);
DISCRETA, which is the right of the owner of a c. In antichresis, the creditor acquires the right to
property to whatever is produced thereby or to the receive the fruits of an immovable of his debtor,
fruits of the same. The other one is ACCESION while the obligation to apply them to the payment
CONTINUA, which is the right pertaining to the owner of the interest, if owing, and thereafter to the
of a thing over everything which is attached or principal of his credit (Article 2132,NCC);
incorporated thereto, either naturally or d. A possessor in good faith is entitled to the
artificially.(Article 440,NCC) fruits received by him before his possession is
legally interrupted (Article 544,NCC); and
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
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CIVIL LAW I REVIEWER
e. Fruits naturally falling upon adjacent land belong PENDING/ GROWING FRUITS
to the owner of the said land and not to the owner 76
of the tree. LANDOWNER PLANTER / SOWER
Good Faith
Q: Who shall pay the expenses for production, gathering,
and preservation of fruits? Entitled to the fruits and
may at the discretion of
A: The recipient of the fruits has the obligation to pay the
landowner finish the
expenses made by a third person in their production, cultivation and gathering of
gathering, and preservation, whether such person the fruits
acted in good faith or bad faith. (Article 443,NCC). It is
to note that the fruits must have already been
gathered and thereafter received by another person, Good Faith Bad Faith
not when the same are still pending.
Keeps the fruits, but shall Loses all his rights over the
Q: When is a possessor considered in good faith? reimburse planter the thing planted or sowed, but
A: A possessor is in good faith when he is not aware that expenses for the production, entitled to indemnity for
there exists in his title or mode of acquisition any flaw sharing and gathering of expenses incurred
or defect which invalidates it. (Article 526, NCC). fruits he incurred including
the necessary expenses for
the preservation of the land
Q: When is a possessor considered in bad faith?
A: A possessor is in bad faith when he is aware that there Bad Faith Good Faith
exists in his title or mode of acquisition any flaw or
defect which invalidates it. (Article 526, NCC). Liable for damages and shall Fruits shall belong to him,
reimburse the expenses and he has the option either
To be deemed a builder in good faith, it is essential that a incurred by the possessor- to remove the same or
person asserts title to the land on which he builds, i.e., it is planter/sower in the continue the cultivation and
essential that he be a possessor in concept of owner and production, sharing and gathering of the fruits
that he be unaware that there exists in his title or mode of gathering of fruits
acquisition any flaw which invalidates it. (Mercado v. CA, 162
SCRA 75, 85 1988 ) Bad Faith Bad Faith
Bad Faith plus Bad Faith= Good Faith
Q: Who owns the fruits which are still pending/ growing
at the time possession is recovered by the owner from Q: Who has the right over the fruits which were already
a mere possessor who did the planting or sowing? gathered and harvested at the time the possession is
A: As to who owns the fruits still pending in the recovered by the owner from a mere possessor who
abovementioned situation, the following rules shall did the planting or sowing?
apply: A: As to who owns the fruits already gathered or
harvested in the abovementioned situation, the
a. If both the landowner and possessor- following rules shall apply:
planter/sower are in good faith, the latter shall be
entitled to all the fruits and may at the a. If both the landowner and possessor-
landowners discretion finish the cultivation and planter/sower are in good faith, the latter shall be
gathering of the fruits(Article 545,NCC); entitled to all the fruits received, and the former
has no obligation to reimburse the planter/ sower
b. If the landowner is in good faith and possessor- for any expenses incurred since the latter retains
planter/sower acted in bad faith, the latter shall the fruits (Article 544, NCC);
lose all his rights over the thing planted or sowed,
but the landowner shall reimburse to him the b. If the landowner is in good faith and possessor-
necessary expenses he incurred for the planter/sower acted in bad faith, the latter shall
preservation of the land. (Article 546 and 443, lose his rights over the fruits gathered and the
NCC); same shall belong to the landowner, subject to the
obligation of the latter to reimburse the possessor-
c. If the landowner is in bad faith and the possessor- planter/sower the expenses for the production,
planter/sower is in good faith, the land owner is gathering and preservation of said fruits (Article
liable for damages and shall pay indemnity on the 443,NCC);
expenses incurred by the possessor-planter/sower,
while the latter shall has the option to either c. If the landowner is in bad faith and the possessor-
remove what had been planted or sowed, or to planter/sower is in good faith, the land owner
finish the cultivation and gathering of the fruits, shall liable for damages, and the fruits gathered
which shall belong to him. (Article 545, NCC); and shall belong to the possessor-planter/sower; and
d. If both the landowner and possessor- d. If both the landowner and possessor-
planter/sower acted in bad faith, the bad faith of planter/sower acted in bad faith, the bad faith of
the other neutralizes the bad faith of the other, the other neutralizes the bad faith of the other,
and both are considered to have acted in good and both are considered to have acted in good
faith; hence, the 1st rule above shall be applied. faith; hence, the 1st rule above shall be applied.
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DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
GATHERED FRUITS d. That no one shall unjustly enrich himself at the
expense of another; 77
LANDOWNER PLANTER/ SOWER e. That, as a general rule, punitive liability attaches
Good Faith to the party who acts in bad faith, but not the
party who acts in good faith;
No need to reimburse Keeps the fruits f. That bad faith subjects a person to damages and
planter for expenses as
other unfavorable consequences; and
he retains the fruits
g. That bad faith neutralizes the bad faith of the
other and both should therefore be considered as
Good Faith Bad Faith having acted in good faith.
Owns the fruits, but shall Loses all his rights over the Q: When is a landowner considered to be in good faith or
pay the planter the fruits, but is entitled to the in bad faith?
expenses for the reimbursement for expenses
production, gathering and he incurred A: The landowner is considered to have acted in good
preservation of the fruits faith if he did not know or was not aware that
including necessary
something was being built, planted or sown on his land
expenses for the
preservation of the land or that he learned it only after the act was done. He is
considered in bad faith if he, after knowledge and
Bad Faith Good Faith awareness that something is being built, planted, or
sown on his land, did not raise any objection or
Liable for damages Keeps the fruits opposition thereto.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
option to either appropriate what he had built, Article 447,NCC
planted, or sown, but must pay the value of the 78
materials to OM; or he can choose to remove LANDOWNER OWNER OF THE
the materials and return the same to the owner if (LO-BPS) MATERIALS (OM)
it can be returned to the latter exactly in the same Good faith
form and substance and without causing injury to
the land; Options:
a. appropriate what Demand value of the
he had built, materials appropriated
b. If the landowner-builder, planter sower (LO-BPS) planted, or sown, by LO-BPS
acted in good faith and the owner of the materials but must pay the
(OM) acted in bad faith, the LO-BPS has the same value of the
rights as mentioned above even causing injury to materials to OM;
the land in case of removal, and he has no longer or
the obligation to pay the OM the value of the b. remove the
materials; while the latter shall lose his materials materials and
without any right whatsoever and may be liable return the same
without causing
for damages based on the consequences arising
injury to the land
from the inferior quality of his materials; Good Faith Bad Faith
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DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
expenses, by the LO. Hence, ownership can i. To demand from LO the value of the
only be vested upon the LO after payment of materials and the reasonable
the same. Furthermore, during such retention compensation for his labor, plus
79
period, OM-BPS cannot be compelled to pay
damages; or
rentals, unless otherwise agreed upon.
ii. To oblige the OM-BPS to pay the price of ii. To demand the removal and return of his
the land, if the value of the land is not materials even though the same may
considerably more than that of the cause injury to the land; or
works, planting or sowing
iii. To compel LO to appropriate what has
Note: If the value of the land is more than
been built, planted, or sown or for the
that of the works, planting or sowing, and the latter to buy the same.
LO does not choose the 1st option, he cannot
oblige the OM-BPS to pay the price of the d. If both the landowner LO and the owner of the
land, but shall instead, demand the proper and materials builder, planter, or sower (OM-BPS)
reasonable rent over the land, as agreed upon acted in bad faith, the bad faith of one neutralizes
them, or if they cannot agree thereto, the
the bad faith of the other, such that both should
court shall fix the same.
therefore be considered as having acted in good
In the event the landowner elects to sell the land faith, and the 1st rule above shall then be applied.
to the builder in good faith, the price must be
fixed at the prevailing market value at the time of Q: If, in the above situations, the LO who is in good faith
payment. In the event of the failure of the builder chose to compel the BPS to pay the price of the land
to pay the land, after the owner thereof has (if the value of the same is not considerably more than
chosen this alternative, the builders right of that of the value of the works, planting, or sowing),
retention provided in Article 546 is also lost. but the BPS in good faith vehemently refuse to pay the
(Ballatan v. Court of Appeals 304 SCRA 37 1999) same, is the landowner the automatic owner of the
works, planting, or sowing?
b. If the landowner (LO) acted in good faith and the
owner of the materials, who is the builder, planter A: NO. In the event the LO chose to compel the BPS to
sower (OM-BPS) acted in bad faith, the LO shall pay the price of the land if the value of the same is not
have the options either: considerably more than that of the value of the works,
planting, or sowing, and the BPS in good faith refuse
i. To appropriate the works, planting or to pay the same, the landowner does not automatically
sowing, without need of paying become the owner of the works, planting, or sowing,
indemnity, plus damages. However, as to but shall have the following remedies:
fruits already received, LO shall
reimburse the OM-BPS who acted in bad i. The landowner may file an action for collection
faith such necessary expenses incurred of sum of money;
for the preservation of the land. (Article
449 and 452,NCC);or ii. The parties may decide to leave things as they
are and assume the relation of lessor and lessee,
ii. To demand the demolition or removal of but the BPS cannot be compelled by neither the
whatever had been built, planted or sown landowner nor by a court order to enter into such
in bad faith in any event, even if lease(Miranda vs Fadullan, 97 Phil. 801);
damages will be caused by such
separation, at the expense of the OM- iii. The landowner is entitled to have the works,
BPS, plus damages (Article 450,NCC); or planting, or sowing removed from his land
(Ignacio vs. Hilario, 76 Phil. 605); and
iii. To compel the OM-BPS who acted in bad
faith to pay the price of the land, even if iv. The land may be sold in a public auction
the value of the same is considerably applying the proceeds thereof first to the payment
more than that of the works, sowing or of the value of the land and the excess, if any,
planting, plus damages. (Article shall be delivered to the owner of the house in
450,NCC). payment thereof (Bernardo vs. Bataclan, 61 Phil.
428).
Note: As to the OM-BPS who acted in bad
faith, he loses all his rights over what he was The right of retention is considered as one of the measures
built, planted or sown, without any right of devised by the law for the protection of builders in good faith.
indemnity. (Article 449, NCC). Its object is to guarantee full and prompt reimbursement as it
permits the actual possessor to remain in possession while he
c. If the landowner (LO) acted in bad faith and the has not been reimbursed (by the person who defeated
owner of the materials, who is the builder, planter him in the case for possession of the property) for those
necessary expenses and useful improvements made by him
sower (OM-BPS) acted in good faith, the LO shall
on the things possessed.
have no right to appropriate what had been built, (Nuguid v. CA, 452 SCRA 243, 252 2005)
planted or sown, and shall pay the OM-BPS the
value of the materials, plus damages. The OM-BPS
who acted in good faith shall have the right either:
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
ARTICLE 448, NCC
LANDOWNER (LO) OWNER OF THE Q: What are rights and obligations of the parties when a 80
MATERIALS ( OM-BPS) person, using materials of another (third person)
Good Faith builts, plants, or sows on a land belonging to another?
Options: A: The rights and obligations of the parties when a
a. appropriate as his a. right of retention
person, using materials of another (third person)
own the works, over the land and
sowing, or planting, what was built,
builts, plants, or sows on a land belonging to another
upon payment of planted or sown, are the following:
all necessary, until he is
useful and indemnified of the a. If the landowner (LO), builder, planter, sower
luxurious expenses; value thereof plus (BPS) and the owner of the materials (OM) all
or reimbursement for acted in good faith, the rules are:
the necessary,
b. to oblige the OM- useful or luxurious
i. As to the relationship between the LO and
BPS to pay the expenses;
price of the land, if
BPS, the same shall be governed by Articles
the value of the b. cannot be 447 and 448 of the NCC as the case may be.
land is not compelled to pay Thus, the LO has the option either to
considerably more the price of the appropriate the works, planting or sowing and
than that of the land if the value of pay the value thereof plus the necessary,
works, planting or the land is not useful or luxurious expenses, or to compel the
sowing considerably more BPS to pay the price of the land if the value
than that of the
thereof is not considerably more than that of
works, planting or
sowing (they may the works, planting or sowing; otherwise, to
enter into a demand the reasonable rent; and
contract of lease)
Good Faith Bad Faith ii. As to the OM who acted in good faith, he
Options: shall have the right to demand the payment
a. To appropriate the a. loses all his rights of the value of his materials from the BPS
works, planting or over what he was who shall be principally liable, in case the LO
sowing, without built, planted or chose to appropriate the same.
need of paying sown;
indemnity, plus
Note: LO shall only be subsidiary liable to pay the
entitled to b. entitled to be
value of the materials of OM only if BPS is insolvent
damages; reimbursed on the
or has no property with which to pay the
necessary expenses
same.(Article 455,NCC). If LO pays the value of the
b. demand the incurred for the
materials, in such case, he shall become the owner
demolition or preservation of the
of the materials, but shall pay the BPS such
removal of land;
reasonable compensation for the latters labor,
whatever had been
under the principle that no person shall unjustly
built, planted or c. to pay damages
enriched himself at the expense of another
sown in bad faith in
any event; or
b. If the both the landowner (LO),and the builder,
c. compel the OM-BPS planter, sower (BPS) acted in good faith, while the
who acted in bad owner of the materials (OM) acted in bad faith,
faith to pay the the latter shall lose his materials without any right
price of the land in whatsoever and maybe liable for damages. As to
any event the LO, he can claim and appropriate what has
Bad Faith Good Faith been built, planted or sown without any obligation
Options:
to pay indemnity; but shall pay the BPS such
a. no right to a. Demand payment
appropriate what for the value of the reasonable compensation for the latters labor,
had been built, materials and the under the principle that no person shall unjustly
planted or sown; reasonable enriched himself at the expense of another; and
and compensation for
b. pay the OM-BPS his labor, plus c. If the both the landowner (LO) and the owner of
the value of the damages; or the materials (OM) acted in good faith, while the
materials; builder, planter, sower (BPS) acted in bad faith,
c. pay damages b. Demand the
the latter has no right whatsoever, and is liable for
removal and return
of his materials damages both to LO and OM. Furthermore, he
even though the shall pay OM for the value of the latters materials.
same may cause
injury to the land; Note: The LO may be subsidiary liable for the payment
or of the value of materials, in case the BPS who acted in
bad faith cannot pay the same. In which case, he shall
c. Compel LO to be the owner of the materials upon payment thereof,
appropriate what and may demand damages from BPS who acted in bad
has been built, faith.
planted, or sown or
for the latter to buy
the same
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
LANDOWNE BUILDER, OWNER OF THE Q: What is the rule with regard to alluvion?
R PLANTER, MATERIALS (OM) A: To the owners of lands (riparian owners) adjoining the 81
(LO) SOWER banks of rivers belong the accretion which they
(BPS) gradually receive from the effects of the current of the
Good Faith waters. (Article 457,NCC)
Article 447 and 448 governs as Demand the Note: The owners of estates adjoining ponds or lagoons do
the case may be: payment of the not acquire the land left dry by the natural decrease of the
waters, or lose that inundated by them in extraordinary
value of his
floods. (Article 458,NCC).
LO may either: materials from the
Q: What are the requisites to be met for a riparian
a. appropriate what he BPS who shall be
owner to acquire ownership over the alluvium?
had built, planted, or principally liable,
A: The requisites of alluvium are the following:
sown, but must pay in case the LO
the value of the chose to
a. The accumulation of the soil or sediment must be
materials to OM; or appropriate the
gradual and imperceptible;
same;
b. remove the materials (LO- subsidiarily
b. That the same shall be the result of the natural
and return the same liable)
action of the waters of the river; and
without causing injury
to the land c. That the land where the accretion takes
place is adjacent to the bank of the river.
Good Faith Bad Faith
Q: Is there a need for Congress to withdraw the alluvium
Can claim and Demand from Loses his from being a part of the public domain before
appropriate LO reasonable materials ownership thereof may be acquired by the riparian
what has been compensation without owner?
built, planted for the his any right A: NO. The right of owners of the bank adjacent to rivers
or sown labor whatsoev to the alluvium which they gradually and imperceptibly
without any er; and received by virtue of the natural action of the waters of
obligation to liable for the river is IPSO JURE and there is no need for
pay indemnity damages Congress to withdraw the same by an affirmative act
to OM from the public domain.
Good Faith Bad Faith Good Faith Note: The alluvium, acquired by the riparian owner, however,
No right does not automatically become a registered land. Hence, to
whatsoever; protect his ownership thereof, the riparian owner must
register the accretion under the Torrens system; otherwise,
Pay damages the same may be acquired by third persons through
prescription.
to both LO and
OM; and
Registration under the Torrens System does not however
protect the riparian owner against the diminution of the area
Pay the value of his registered land through gradual changes in the course
of the of an adjoining stream.
materials to
OM Q: Why does the law grant a riparian owner the right to
the alluvion deposited by a river?
A: The law grants the riparian owner to own the alluvial
deposits because of the following reasons:
ACCESSION NATURAL
a. to compensate him for danger of loss that he
ALUVION suffers due to the location of his land;
b. for the encumbrances and other easements on his
Q: What is alluvion? land ; and
A: Alluvion may be defined as the accretion which the c. to promote the interests of agriculture as he is in
lands adjoining the bank of the rivers, creeks, torrents, the best position to utilize the accretion.
or lakes gradually receive from the effects of the
current of the waters.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
AVULSION There need be no act on their part to subject the old river bed
to their ownership, as it is subject thereto ipso jure from the
Q: What is avulsion? moment the mode of acquisition becomes evident, without 82
need of any formal act of acquisition. Such abandoned
A: Avulsion may be defined as the accretion which takes
riverbed had fallen to the private ownership of the owner of
place when the current of a river, creek, or torrent the land through which the new river bed passes even
segregates a known portion of land from and estate on without any formal act of his will and any unauthorized
its banks and transfers it to another estate. occupant thereof will be considered as a trespasser.
(Agne v. Director of Lands, 181 SCRA 793, 805. 1990)
Q: What is the rule with regard to avulsion?
A: In accordance with Article 459 of the NCC, the owner Q: Can the owners of the lands adjoining the old bed
of the land from where the portion is segregated by acquire ownership over the same?
virtue of the currents of the river, retains ownership A: YES. The owners of the lands adjoining the old bed
over such detached portion, but is required by law to shall have the right to acquire the same by paying the
physically remove the same within 2 years, or in case value thereof, which shall not exceed the value of the
of trees uprooted, to remove the same within 6 area occupied by the new bed. (Article 461, NCC).
months (Article 460,NCC); otherwise, acquisitive
prescription may set in, in favor of third persons, after Note: The rule on abandoned river bed shall not apply if the
the lapse of 2 years or 6 months as the case may be. river simply dries up and did not change its course or without
opening a new bed; hence, the dry river bed remains a
Note: In case of uprooted trees, the owner who claims the same property of public dominion.
shall pay the expenses incurred in gathering them or putting them
in a safe place. (Article 460,NCC) Q: Would the provision under Article 461 of the NCC still
apply even if the change in the course of the waters is
Q: What are the requisites of avulsion? done artificially or is a result of a deliberate act of the
A: The requisites of avulsion are the following: government?
A: YES. There is all the more reason to compensate the
a. It shall take place only along the banks of rivers, owner of the land through which the new river bed
creeks, streams, and lakes; passes when the change in the course of the river was
b. The deposit of soil must be sudden and abrupt; the result of a deliberate act on the part of the
c. It is caused only by the force of the current of the government. In this case, the owner of the land was
water independently of the act of man;and prejudiced because the man-made canal totally
d. The detached portion can be identified. occupied his property. (Baes vs. Court of Appeals, 224
Note: In the absence of evidence that the deposit SCRA 562, 1993)
was not sudden, the presumption is that the
change was gradual and caused by accretion and The provision under Article 461 of the NCC shall not apply if
erosion (C.N. Hodges vs. Garcia, 109 Phil. 132) the drying up of the river was without the intervention of the
government, but was actually caused by the dumping of
garbage therein by the people of the surrounding
Q: What is the distinction between alluvion and neighborhood. (Ronquillo vs. Court of Appeals, 195 SCRA 433,
avulsion? 1991)
A: Alluvion and avulsion may be distinguished from each
other in the following ways: Q: Can the State restore the river to its original course?
A: YES. The owners of the affected lands (owners of the
a. In alluvion, the accretion is gradual, while in land where the new river bed passes) can neither
avulsion, it is sudden and abrupt; restrain the government from taking steps to revert
b. In alluvion, the accretion cannot be identified, the river or stream to its former course, nor can they
while in avulsion, the same can be identified; compel the government to restore the river to its
c. In alluvion, there is merely attachment, while in former bed. If the government decides to revert back
avulsion, there is first a detachment followed by the river to its former course, the owners of the land
attachment; and thus affected are not entitled to compensation for any
d. In alluvion, the accretion belongs to the owner of damage sustained thereby. (Article 58, Water Code of
the land to which the attachment is made ipso the Philippines)
jure, while in avulsion, the ownership is retained
by the owner of the land from which it is FORMATION OF ISLANDS
detached, subject to the removal of the detached
portion within 2 years and 6 months, as the case Q: What is the rule with regard to the formation of
may be. islands?
A: When the current of a river divides itself into branches
CHANGE IN THE COURSE OF RIVER and leaves a piece of land or part thereof isolated, thus
forming and island, the owner of the land retains
Q: Who owns the river bed which is abandoned through ownership over the same. (Article 463,NCC)
the natural changes in the course of the waters of a
river? Note: The rule mentioned is applicable to all kinds of rivers,
A: River beds which are abandoned through the natural whether navigable or floatable or not.
change in the course of the waters ipso facto belong to
the owners whose lands are occupied by the new Q: Who owns the islands formed on the seas within the
course in proportion to the area lost. (Article 461, jurisdiction of the Philippines?
NCC). A: The State shall own such islands formed on the seas
within the territorial jurisdiction of the Philippines
(Article 464, NCC). If the islands were formed on the
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
seas outside the Philippines territorial jurisdiction, the owner may demand its separation, even though
first country to occupy the same shall own it. the thing to which it has been incorporated may 83
suffer some injury (Article 469,NCC);
Q: Who owns the islands formed on lakes and on
navigable or floatable rivers? b. When the owner of the accessory had acted in
A: The State shall own islands which were formed on bad faith, he shall :
lakes and on navigable or floatable rivers. (Article 464,
NCC) i. lose his thing; and
ii. he shall be liable to pay damages to the
Q: What is the rule is the island is formed through owner of the principal (Article 470, NCC);
successive accumulation of alluvial deposit and it is
formed in non-navigable or non-floatable rivers? c. When it is the owner of the principal who had
A: The rules in such case are: acted in bad faith, the owner of the accessory has
a. The island so formed belongs to the owners of the the option either:
margins or banks nearest to the island;
b. If the island is in the middle of the river, it shall i. to demand payment for the value of the
belong to the owners of both margins, in which accessory, plus damages; or
case, it shall be divided longitudinally in halves; iii. to demand separation even if the same
and will result to an injury to the principal
c. If, however, a single island thus formed be more thing, plus damages (Article 470, NCC);
distant from one margin than from the other, the
owner of the nearer margin shall be the sole Note: The second option shall not be availed
owner. (Article 456, NCC) of if the same is not practicable, such as in the
case of paintings or writings.
ACCESION CONTINUA ON MOVABLE PROPERTY
d. When both owners acted in bad faith, the bad
ADJUNCTION OR CONJUNCTION faith of one neutralizes the bad faith of the other,
and both are considered to have acted in good
Q: What is the concept of adjuction? faith. (Article 470, NCC)
A: Adjunction takes place when two movables belonging
Note: The payment of indemnity in the proper cases above
to different owners are united as to make them
may be effected through (i.) delivery of a thing equal in kind
inseparable that their separation would impair their and value; or (ii.) payment of its price including the
nature making up thereafter a single object. sentimental value.(Article 471, NCC)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Q: In adjunction or conjunction, what are the tests to be SPECIFICATION
applied to determine the principal? 84
A: The tests in determining the principal are the Q: What is specification?
following: A: Specification is the giving of new form to anothers
material thru application of labor. The material
First: That to which the other has been united as undergoes a transformation or change of identity.
ornament or for its use or perfection is the principal;
Q: What are the rights and obligations of the parties in
Second: If the first test cannot be applied, then the case of specification?
thing of greater value is the principal; A: The rights and obligations of the parties in case of
specification depend on the good faith or bad faith of
Third: If both things are of equal value, then the one the worker or laborer, such that:
greater in volume is the principal; and
a. If the worker acted in good faith:
Fourth: If not one of the tests above can be applied,
the question will be judicially resolved taking into General Rule: He shall appropriate the thing thus
consideration all pertinent provisions applicable as well transformed as his own, indemnifying the owner
as their respective merits, utility and volume. (Articles of the material for its value.
467, 468, NCC; 3 Manresa 282)
Exception: When the material is more precious
Note: In painting, sculpture, writings, printed matter, or more valuable than the thing transformed, in
engraving and lithographs, however, the board, metal, which case, the owner of the material, has the
canvas, paper or parchment shall be deemed the accessory option either:
thing. (par. 2, Article 468, NCC)
i.to appropriate the new thing to himself after
paying indemnity for the value of the work; or
MIXTURE
ii.to demand indemnity for the material.
Q: What is mixture?
b. If the worker acted in bad faith, the owner of
A: Mixture is the combination of materials where the
the materials has two options, as :
respective identities of the component elements are
lost either voluntarily or by chance. (Arts. 472473,
i. to appropriate the work for himself
NCC) without paying anything to the maker; or
ii. to demand of the maker the value of the
Q: What are the kinds of mixture?
material, plus damages.
A: The kinds of mixture are:
Note: If the value of the work, for artistic or scientific
a. COMMIXTION or the mixture of solid things reasons, is considerably more than that of the material,
belonging to different owners; and the owner of the material cannot appropriate the work.
b. CONFUSION or the mixture of liquid things (Article 474, NCC)
belonging to different owners.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
QUIETING OF TITLE
85
Q: What is the concept of quieting of title? Q: How is an action to quiet title distinguished from an
A: Quieting of title is a common law remedy for the action to remove cloud on title?
removal of any cloud upon or doubt or uncertainty with A: The two may be distinguished as follows:
respect to title or real property. It is a proceeding
which is characterized as quasi in rem, and the a. As to the nature of the action, an action to quiet
judgment in such proceedings is conclusive only title is a remedial action; whereas an action to
between the parties. remove cloud on title is a preventive one;
Q: What is the purpose of an action to quiet title? b. As to the purpose, action to quiet title is to put an
A: The purpose of an action to quiet title is to prevent a end to troublesome litigation with respect to the
cloud from being cast upon a title to real property or property involved ; whereas, an action to remove
any interest therein (par. 2, Article 476, NCC). It is to cloud on title is for the removal of a possible
secure an adjudication that a claim of title to or an foundation for a future hostile claim; and
interest in property, adverse to that of the
complainant, is invalid, so that the complainant and c. As to the subject, an action to quiet title involves
those claiming under him may be forever afterward a present adverse claim; while an action to
free from any danger of hostile claim. remove cloud on title involves the prevention of
future cloud on the title.
Note: The only judgment to be rendered in an action to quiet
title is the pronouncement that the instrument, record, claim,
Q: What are some instances when cloud on title of real
encumbrance, or proceeding which is apparently valid is in
truth invalid, ineffective, voidable or unenforceable, and is property exists?
prejudicial to the plaintiffs title; hence, if ownership is in A: The following are some instances when cloud on title
dispute, the action to quiet title is not the proper remedy, but of real property exists:
an accion reindivicatoria.
a. An absolutely fictitious contract of sale or a sale
Q: What are the requisites for an action to quiet with simulated consideration;
title? b. A sale by an agent without written authority;
A: The requisites for an action to quiet title are the c. A forged contract;
following: d. A contract of sale or donation which has become
inoperative because of non-performance by the
a. Plaintiff must have a Legal or equitable title to, vendee or done of a condition precedent; and
or interest in the real property which is the subject e. A voidable contract.
matter of the action;
Q: What is the prescriptive period to file an action to
b. There must be Cloud in such title; quiet title?
A:
c. Such cloud must be Due to some: a. The action to quiet title is imprescriptible when the
plaintiff is in possession of the property. The
i. Instrument; reason is that the owner of real property who is in
ii. Record; possession thereof may wait until his possession is
iii. Claim; invaded or his title is attacked before taking steps
iv. Encumbrance; or to vindicate his right;
v. proceeding which is apparently valid
but is in truth invalid, ineffective, b. When the plaintiff is not in possession of the
voidable or unenforceable, and is property, the action to quiet title shall be filed
prejudicial to the plaintiffs title; and within 10 years or 30 years as the case may be.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
RUINOUS BUILDINGS AND TREES
IN DANGER OF FALLING 86
a. To demolish it; or
b. To execute the necessary work in order to prevent
it from falling. (Article 482, NCC)
Under Article 483 of the NCC, the owner of the falling trees
shall still be liable if the falling was caused by force majeure,
because he is negligent for failing to take the necessary
measures to insure public safety.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
b. From the viewpoint of source:
TITLE III CO-OWNERSHIP
1.Contractual co-ownership (an agreement 87
Q: What is co-ownership? not to divide for ten years allowed Art.
A:Co-ownership is that state where an undivided 494).
thingor right belongs to two or more persons. (Art.
484). 2. Non-contractual co-ownership (if the
source is not acontract).
Q:What governs co-ownership?
A: Co-ownership is governed by the following:
c. From the viewpoint of the rights of the co-owners:
a. contracts
1.Tenancy in common (or ownership in common
b. special legal provisions
or just co-ownership as contemplated in Art. 484).
c. provisions of the Title on Co-ownership
2. Joint tenancy (also called joint ownership).
In default of the 1st, apply the 2nd; in the
absence of the 2nd, apply the 3rd. (Art. 484).
Q: What are the characteristics of co-ownership?
A: They are the following:
Q: What are the sources of co-ownership?
1. There must be more than one subject or owner.
A: They are the following:
2. There is one physical whole divided into IDEAL
a.By law [party walls, party ditches; the co-ownership
(undivided) shares.
of earnings by a man and a woman whose marriage isvoid, or
3. Each IDEAL share is definite in amount, but is not
who are living together without benefit of marriage
physically segregated from the rest.
Art. 144, but here there must be no existing and valid
4. Regarding the physical whole, each co-owner must
conjugal partnership, as when either is already married to
respect each other in common use, enjoyment, or
someone else (Victor Juaniza v. Eugenio Jose,L-50127-28,
preservation of the physical whole.
Mar. 30, 1979), in a way, the conjugal partnership, though
5. Regarding the IDEAL share, each co-owner holds
in the last case, the rules on the conjugal partnership ap-
almost an absolute control over the same.
ply as a rule].
6. It is not a juridical person, i.e., it has no juridical
personality.
b. By contract (two cousins buy a parcel 7. A co-owner is in a sense a trustee for the other co-
of land, share in the price, and agree not to divide owners.
for 10 years).
CO-OWNERSHIP VS. JOINT TENANCY
c. By chance (commixtion, confusion, hidden
treasure). Co-ownership Joint Tenancy
Shares
This involves a This also involves a physical
d. By occupation or occupancy (as when a wild
physicalwhole. BUT there is whole. BUT there is no IDEAL
beast iscaught by several persons). (Punzalan v. Boon Liat, 44 an IDEAL (abstract) (abstract) division;
Phil. 320). (It would seem that this ruling is erroneous, division; eachco-owner each and ALL of themown
because while it is occupation, still the co-ownership must have being the owner ofhis own the WHOLE thing.
been presumed because of an implied agreement or contract ideal share.
between the two hunters.)
Disposal of shares
Each co-owner may Each co-owner may
e. By succession or will [as in the case of intestate before dispose notdispose of his own
partition (Javier v. Javier, 6 Phil. 493), the successional of his ideal or undivided share without theconsent
estate being a co-ownership prior to partition. share (without ofALL the rest, becausehe
boundaries) really has NO IDEAL share.
Note: It has been held, however, that although WITHOUT the others
in one sense, the co-heirs are really co-owners, still in the exercise of consent.
the right of legal redemption, the rule concerning co-heirs (Art. 1067)
must apply, and not that concerning co-owners. If, however, after Effect of death
partition of the hereditary estate, it is decided that some of the co-heirs If a co-owner dies, his If a joint-tenant dies, his
will continue to be co-owners of a certain portion of the estate (for share goes to his own share goes by accretion to
example, a house or a car), the rule for legal redemption will now be heirs. the other joint-tenants by
the rule concerning co-owners. (See Castro, et al. v. Castro, L-7464, Oct. virtue of their survivorship or
24, 1955). jus accrecendi.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
CO-OWNERSHIP VS. CONJUGAL PARTNERSHIP Q: What are the rights of a co-owner?
A: The following are the rights of a co-owner: 88
Co-ownership Partnership
Legal Personality 1. Right to benefits proportional to respective
Has no legal personality Has legal or juridical interest; any stipulation to the contrary shall be
personality void. (A. 485)
Source 2. Right to use thing co-owned.
Created by contract or Created by contract only a. For the purpose intended (said purpose being
by other things (express or implied) alterable by express or implied agreement)
Purpose b. The interest of the co-ownership must not be
Collective enjoyment Purpose is profit injured or prejudiced
c. The other co-owners must not be prevented
Term
in using it. (A. 486)
Agreement for it to exist There is no term limit setby
3. Right to change the purpose of the co-ownership
for10 years valid. (If the law
by agreement, express or implied. (A. 486)
morethan 10 years, the
4. Right to bring an action in ejectment in behalf of
excess isvoid.) the other co-owners. (A. 487)
Note:20 years is the In this case, although petitioner alone filed the complaint for
maximum if imposed by unlawful detainer, he stated in the complaint that he is one of
the testator or the donee the heirs of the late Lilia Castigador, his mother, who
ofthe common property. inherited the subject lot, from her parents. Petitioner did not
(Art.949). claim exclusive ownership of the subject lot, but he filed the
Representation complaint for the purpose of recovering its possession which
as a rule, no mutual as a rule, there is mutual would redound to the benefit of the co-owners. Since
representation representation petitioner recognized the existence of a co-ownership, he, as
a co-owner, can bring the action without the necessity of
Effect of Death joining all the other co-owners as co-plaintiffs. (Catedrilla vs.
not dissolved by death is dissolved by the death or Mario and Margie Lauron, G.R. No. 179011. April 15, 2013)
or incapacity of partner
incapacity of co-owner
Substitution 5. Right to compel the co-owners to contribute to
can dispose of his cannot another as partner in necessary expenses for preservation of thing and
share without consent of his place without consent taxes. (A. 488)
others of the others
Note: A co-owner has the right to compel the others to
Profits share in the expenses of preservation, even if incurred
profits may be stipulated without prior notification to them (since the expenses
Profits must always
upon are necessary) BUT he must notify if practicable. (A.
dependon proportionate 489)
shares.(Art. 485).
6. Right to exempt himself from the obligation of
CO-OWNERSHIP VS. CONJUGAL PARTNERSHIP paying necessary expenses and taxes by
renouncing his share in the pro-indiviso interest
Co-ownership Conjugal Partnership BUT the same cannot be made if renunciation is
How it arises prejudicial to the co-ownership. (A. 488)
May arise by ordinary Arises only because of the
contract marriage contract
a. If the renouncing is in favor of a creditor, the
Who are parties
Sex of the co-owners is One must be male, the other
latter must give his consent (for this would be
immaterial a female a case of adjudicacionenpago or datio in
Number of parties solutum, where a debtor gives something else
Co-owners may be two or Conjugal owners are always in payment of his debt).
more two
Profits b. If the renouncing is in favor of the other co-
Profits are proportional Profits are generally 50-50 owners, a novation (in the form of
to respective shares unless a contrary stipulation is substitution of debtor) would result
in a marriage settlement necessitating the consent of other co-owners
Effect of death AND of the creditor.
Death of one does not Death of either husband or
dissolve theco-ownership wife dissolves the conjugal
Note: The creditors consent would of course be needed
partnership
only if the expenses have been incurred, otherwise, thee
Administration
would as yet be no creditors.
Generally, all the co- Generally, the husband is the
owners administer administrator Note further: Renunciation cannot be implied by mere
Treatment by law refusal to pay the proportionate share. (3 Manresa 452)
Co-ownership is Encouraged by law to provide
discouraged by law for better family solidarity
7. Right to make repairs for preservation of things
can be made at will of one co-owner; to receive
reimbursement therefrom; notice of necessity of
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
such repairs must be given to co-owners, if Note: The rules enumerated in the Article APPLY ONLY IF
practicable. (A. 489) there is NO CONTRARY PROVISION in the titles of ownership
or agreement. 89
a. Repairs; ejectment action ONE co-owner
Q: What is perpendicular co-ownership?
b. Alterations or acts of ownership ALL
A: Perpendicular ownership is one where the different
c. All others, like useful improvements, luxurious
stories belong to different persons. This is still co-
embellishments, administration and better
ownership for there is some unity in the use or
enjoyment FINANCIAL MAJORITY (not
ornamentation of the property, particularly in the main
numerical). (A. 492 and A. 489)
and common walls, roof, stairs, etc.
8. Right to full ownership of his part and fruits. (A.
493)
Note: If the various units are in one plane as when
9. Right to alienate, assign or mortgage own part;
one-story units all set on the ground the co-
except personal rights like right to use and
ownership may be referred to as a horizontal co-
habitation. But the effect of alienation or the
ownership. Combination of both perpendicular and
mortgage, with respect to the co-owners, shall be
horizontal co-ownership can result in a situation very
limited to the portion which may be allotted to him
similar to a condominium which may be in the form of
in the division upon the termination of the co-
a building consisting of several stories, each story being
ownership.(A. 493)
by itself divided into different units, owned by different
Even if a co-owner sels the whole property as his, the persons. Note that each unit cannot be considered
sale will affect onlyhis own share but not those of the owned in common. Under the Condominium Law, a
other co-owners who did not consent to the sale. A sale condominium corporation can be formed to take care
of the entire property by one co-owner without the of common property, like the common stairs, common
consent of the other co-owners is not null and void but halls, etc.
affects only his undivided share and the transferee gets
only what would correspond to his grantor in the 3. Pay useful and luxurious expenses if determined by
partition of the thing owned in common. (Paulmitan vs. majority
CA, 215 SCRA 866 [1992])
4. Duty to obtain consent of ALL if the thing is to be
st altered even if beneficial; however, if the withholding
10. Right to ask for partition anytime (A. 494, 1 par.)
of the consent by one or more of the co-owners is
11. Right to pre-emption
clearly prejudicial to the common interest the courts
12. Right of redemption
may afford adequate relief. (A. 491)
Redemption of the whole property by a co-owner does
not vest in him sole ownership over said property. Q: What is alteration?
Redemption within the period prescribed by law by a co- A: An alteration is a change
owner will inure to the benefit of all the co-owners. a. which is more or less permanent;
Hence, it will not put an end to an existing co-ownership. b. which changes the use of the thing; and
(Mariano vs. CA, 222 SCRA 736 [1993]) c. which prejudices the condition of the
thing or its enjoyment by the others.
13. Right to be adjudicated of the thing when partition Alteration is an act of ownership.
is prejudicial to co-ownership (subject to the right Q: What are examples of alterations?
of other co-owners to be indemnified). A:
14. Right to share in the proceeds of sale of thing if a. sale, donation, or mortgage, etc. of the
the thing is indivisible and the co-owners cannot whole property
agree that it be allotted to one of them. (A. 498) b. sale, donation, or mortgage, etc. of a
part of the property but with definite
Q: What are the duties/liabilities of a co-owner? boundaries
A: The following are the duties/liabilities of a co-owner: c. voluntary easement (A. 691, par. 1)
d. lease of real property if
1. The share in the charges is proportional to respective 1. lease is recorded (registered)
interest; stipulation to the contrary is void. (A. 485) 2. or the lease is for more than one
2. Pay necessary expenses and taxes may be exercised year (whether recorded or not)
by only one co-owner. e. construction of a house on a lot owned in
common
Note: Under A. 490, whenever the different stories of a f. any other act of strict dominion or
house belong to different owners, if the titles of ownership do ownership
not specify the terms under which they should contribute to
g. impliedly, contracts of long duration.
the necessary expenses and there exists no agreement on the
subject, the following rules shall be observed:
a. Proportionate contribution for the preservation of- 5. Duty to obtain consent of majority (approval by co-
1. the main walls; owners representing the controlling interest) with
2. the party walls; regards to administration and better enjoyment of the
3. the roof (this is really used by ALL); and thing. In case there be no majority, or resolution of
4. the other things used in common. majority be seriously prejudicial, court intervention
b. Each floor owner must bear the expenses of his floor. shall be had at the instance of an interested party,
c. Stairs are to be maintained from story to story, by the
including appointment of administrator.
users.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Q: What are acts of administration or management? Q: What is the rule on demand for partition? Exceptions?
A: They are those: A: 90
a. that do not involve an alteration; General Rule:
b. those that may be renewed from time to No co-owner shall be obliged to remain in the co-
time; ownership. Each co-owner may at any time demand
c. those that have transitory effects, that is, the partition of the thing owned in common, insofar as
do not bind the co-ownership for a long his share is concerned.
time in the future;
d. those that do not give rise to a real right Exceptions:
over the thing owned in common; (When a co-owner may not successfully
e. those, which even if called an alteration, demand a partition)
do not affect the substance or nature of a. If by agreement (for a period not exceeding
the thing; 10 years)
f. those for the common benefit of all the
co-owners and not for only one or some Note: The term may be extended by a new
of them. agreement, but only after the expiration of the
original period, otherwise the intention of the law
would be defeated.
Note: All the requisites mentioned must
CONCUR.
b. When partition is prohibited by a donor or
Q: What are the limitations on the right of the financial testator (for a period not exceeding 20
majority? years) from whom the property came.
A: They are as follows: c. When partition is prohibited by law (as in the
A. Although they can approve resolutions case of the conjugal partnership property,
for administration and better enjoyment, except in certain instances).
still before a decision is made, there d. When a physical partition would render the
should first be a notice to the minority so property unserviceable, but in this case, the
that they can be heard. property may be allotted to one of the co-
B. The majority would be justified in owners, who shall indemnify the others, or it
proceeding only when the urgency of the will be sold, and the proceeds distributed.
case and the difficulty of meeting with (A. 498)
them render impracticable the giving of e. When the legal nature of the common
such notice. (Singson vs. Veloso) property does not allow partition (like in the
C. The minority may APPEAL to the court case of party walls)
against the decision of the majority
when, for example- Q: What are the rules on the prohibition to partition because of
a. there is no real majority (A. 492); an agreement?
b. the resolution is seriously prejudicial A: They are the following:
to the rights of an individual co- a. The period must not extend more than 10 years.
owner (A. 492); (A. 494)
c. when the majority refuses to correct b. If it exceeds 10 years, the stipulation is valid only
abuse of administration or insofar as the first 10 years is concerned.
maladministration; c. There can an extension but only after the original
d. when the minority is made the victim period has expired.
of fraud; d. After the first extension, there can be another,
e. when an alteration (instead of mere and so on indefinitely, as long as for each
act of administration) is agreed extension, the period of 10 years is not exceeded.
upon.
Q: Can a co-owner acquire the thing owned in common through
Note: The court may even appoint an prescription?
administrator. (A. 492) A:
General Rule:
6. No prescription shall run in favor of a co-owner or co- As a general rule, one co-owner cannot acquire the
heir against his co-owners or co-heirs so long as he whole property as against the other co-owners. This is
expressly or impliedly recognized the co-ownership. (A. why the others can demand, as a rule, partition at any
494) time. But this is only true, so long as the co-owner
7. Co-owners cannot ask for physical division of thing concerned expressly or impliedly recognizes the co-
owned in common when to do so would render it ownership.
unserviceable for the use for which it is intended. (A.
495) Exception:
8. Upon partition, there shall be a mutual accounting for If, however, certain requirements are complied with, a
benefits received and reimbursements for expenses co-owner can become the exclusive owner of the
made. Likewise, each co-owner shall pay for damages others shares by prescription.
caused by reason of his negligence or fraud. (A. 500)
9. Every co-owner shall, after partition, be liable for
defects of title and quality of the portion assigned to
each of the other co-owners. (A. 501)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Q: What are the conditions for a valid repudiation? Q: What are the effects of partition?
A: The conditions are: A: The effects of partition are as follows: 91
1. He must make known to the others co-owners 1. mutual accounting for benefits received. (A. 500)
that he is definitely repudiating the co-ownership 2. mutual reimbursement for expenses. (A. 500)
and that he is claiming complete ownership over 3. indemnity for damages in case of negligence or
the entire property. fraud. (A. 500)
2. The evidence of repudiation and knowledge on the 4. reciprocal warranty for
part of the others must be clear and convincing. a. defects of title (or eviction);
3. The other requirements of prescription b. quality (or hidden defects). (A. 501)
continuous, open, peaceful, public, adverse
possession for the period of time required under Note: No warranty if there is a contrary stipulation
the law must be present. of if the eviction is due to fault of co-owner evicted.
4. The period of prescription (Statute of Limitations) (See Arts. 1092-1093)
shall start to run only from such repudiation of co-
ownership. 5. each former co-owner is deemed to have had
exclusive possession of the part allotted to him for
Exception to the Exception: the entire period during which the co-possession
In constructive trusts, prescription does not run. lasted. (A. 543)
6. partition confers upon each, the exclusive title
Q: What are the classifications of the various kinds of partition? over his respective share. (See A. 1091)
A:Kinds of partition are classified as follows:
a. From the viewpoint of cause: Q: How is co-ownership extinguished?
1. extrajudicial (or conventional) A: Co-ownership is extinguished:
2. judicial (when court approval is sought or
when partition is made by the court) 1. by judicial partition
b. From the viewpoint of permanence: 2. by extrajudicial partition
1. provisional or temporary 3. when by prescription, one co-owner has acquired the
2. permanent whole property by adverse possession as against all
c. From the of subject matter: the others, and repudiating unequivocally the co-
1. partition of real property ownership of the other
2. partition of personal property 4. when a stranger acquires by prescription the thing
d. From the viewpoint of forms and solemnities owned in common
1. partition in a judicial decree 5. by merger in one co-owner
2. partition duly registered in the Registry of 6. by loss or destruction
Property 7. byexpropriation (here the indemnity will be distributed
3. partition in a public instrument accordingly).
4. partition in a private instrument
5. oral partition
Q: What law governs partition? THE CONDOMINIUM ACT (RA 4726, June 18, 1966)
A: Partition is governed by
1. First, the Civil Code Q: What is condominium?
2. Then, suppletorily, the Rules of Court. (Rule 69 of
the Rules of Court provides for the Partition) A:A condominium is an interest in real property consisting of
separate interest in a unit in a residential, industrial or
Q: What are the rights of third persons in the partition of the commercial building and an undivided interest in common,
thing subject of co-ownership? directly or indirectly, in the land on which it is located and in
A: The rights of third persons are the following: other common areas of the building. A condominium may
include, in addition, a separate interest in other portions of such
1. The creditors or assignees of the co-owners may real property. Title to the common areas, including the land, or
take part in the division of the thing owned in the appurtenant interests in such areas, may be held by a
common and object to its being effected without corporation specially formed for the purpose (hereinafter known
their concurrence. But they cannot impugn any as the "condominium corporation") in which the holders of
partition already executed, unless there has been separate interest shall automatically be members or
fraud, or in case it was made notwithstanding a shareholders, to the exclusion of others, in proportion to the
formal opposition presented to prevent it, without appurtenant interest of their respective units in the common
prejudice to the right of the debtor or assignor to areas. The real right in condominium may be ownership or any
maintain its validity. (A. 497) other interest in real property recognized by law, on property in
2. The partition of a thing owned in common shall the Civil Code and other pertinent laws. (Sec. 2)
not prejudice third persons, who shall retain the
rights of mortgage, servitude, or any other real
rights belonging to them before the division was
made. Personal rights pertaining to third persons
against the co-ownership shall also remain in
force, notwithstanding the partition. (A. 499)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Q: What are the requisites for a valid condominium project? Q: Is there a citizenship requirement for a condominium unit
A: They are as follows: owner? 92
A:Any transfer or conveyance of a unit or an apartment, office
1. An enabling or master deed which shall contain, among or store or other space therein, shall include the transfer or
others, the following: conveyance of the undivided interests in the common areas or,
in a proper case, the membership or shareholdings in the
condominium corporation: Provided, however, That where the
a. Description of the land on which the building or
common areas in the condominium project are owned by the
buildings and improvements are or are to be located;
owners of separate units as co-owners thereof, no condominium
unit therein shall be conveyed or transferred to persons other
b. Description of the building or buildings, stating the than Filipino citizens, or corporations at least sixty percent of
number of stories and basements, the number of units the capital stock of which belong to Filipino citizens, except in
and their accessories, if any; cases of hereditary succession. Where the common areas in a
condominium project are held by a corporation, no transfer or
c. Description of the common areas and facilities; conveyance of a unit shall be valid if the concomitant transfer of
the appurtenant membership or stockholding in the corporation
will cause the alien interest in such corporation to exceed the
d. A statement of the exact nature of the interest
limits imposed by existing laws. (Sec. 5)
acquired or to be acquired by the purchaser in the
separate units and in the common areas of the
Q: What are the incidents of a condominium grant?
condominium project. Where title to or the
A:Unless otherwise expressly provided in the enabling or master
appurtenant interests in the common areas is or is to
deed or the declaration of restrictions, the incidents of a
be held by a condominium corporation, a statement to
condominium grant are as follows:
this effect shall be included;
1. The boundary of the unit granted are the interior
e. Statement of the purposes for which the building or surfaces of the perimeter walls, floors, ceilings,
buildings and each of the units are intended or windows and doors thereof. The following are not part
restricted as to use; of the unit bearing walls, columns, floors, roofs,
foundations and other common structural elements of
f. A certificate of the registered owner of the property, the building; lobbies, stairways, hallways, and other
if he is other than those executing the master deed, as areas of common use, elevator equipment and shafts,
well as of all registered holders of any lien or central heating, central refrigeration and central air-
encumbrance on the property, that they consent to the conditioning equipment, reservoirs, tanks, pumps and
registration of the deed; other central services and facilities, pipes, ducts, flues,
chutes, conduits, wires and other utility installations,
g. The following plans shall be appended to the deed wherever located, except the outlets thereof when
as integral parts thereof: located within the unit.
2. There shall pass with the unit, as an appurtenance
thereof, an exclusive easement for the use of the air
1. A survey plan of the land included in the space encompassed by the boundaries of the unit as it
project, unless a survey plan of the same exists at any particular time and as the unit may
property had previously been filed in said lawfully be altered or reconstructed from time to time.
office; Such easement shall be automatically terminated in
any air space upon destruction of the unit as to render
2. A diagrammatic floor plan of the building it untenantable.
or buildings in the project, in sufficient detail 3. Unless otherwise, provided, the common areas are
to identify each unit, its relative location and held in common by the holders of units, in equal
approximate dimensions; shares, one for each unit.
4. A non-exclusive easement for ingress, egress and
h. Any reasonable restriction not contrary to law, support through the common areas is appurtenant to
morals or public policy regarding the right of any each unit and the common areas are subject to such
condominium owner to alienate or dispose of his easements.
condominium. 5. Each condominium owner shall have the exclusive
right to paint, repaint, tile, wax, paper or otherwise
refinish and decorate the inner surfaces of the walls,
2. Such enabling or master be recorded in the Register of Deeds
ceilings, floors, windows and doors bounding his own
of the province or city in which the property lies and duly
unit.
annotated in the corresponding certificate of title of the land.
6. Each condominium owner shall have the exclusive
(Sec. 4)
right to mortgage, pledge or encumber his
condominium and to have the same appraised
Q: Can the enabling or master deed be amended or revoked?
independently of the other condominiums but any
A: Yes. The enabling or master deed may be amended or
obligation incurred by such condominium owner is
revoked upon registration of an instrument executed by the
personal to him.
registered owner or owners of the property and consented to by
7. Each condominium owner has also the absolute
all registered holders of any lien or encumbrance on the land or
right to sell or dispose of his condominium unless the
building or portion thereof. The term "registered owner" shall
master deed contains a requirement that the property
include the registered owners of condominiums in the project.
be first offered to the condominium owners within a
Until registration of a revocation, the provisions of this Act shall
reasonable period of time before the same is offered to
continue to apply to such property. (Sec. 4)
outside parties. (Sec. 6)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Q: What is an assessment? 93
A: It is a reasonable amount to meet authorized expenditures
that each condominium unit is assessed separately for its share
of such expenses in proportion (unless otherwise provided) to
its owners fractional interest in any common areas.
Exception:
A partition shall be made only upon a showing:
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
to exclude other persons from possession thereof. On the other
TITLE V - POSSESSION hand, possession is defined as the holding of a thing or
the enjoyment of a right. Literally, to possess means to actually 94
Q: What is possession? and physically occupy a thing with or without a right. Thus, a
A: Possession is the holding of a thing and the enjoyment of a person may be declared an owner but he may not be entitled to
possession. (Heirs of Roman Soriano vs. CA, 363 SCRA 86 [2001])
right. (A. 523)
Q: When is a person deemed a possessor in good faith and
when is he deem in bad faith?
Q: What is the object of possession?
A: He is deemed a possessor in good faith who is not aware
A: Only things and rights which are susceptible of being
that there exists in his title or mode of acquisition any flaw
appropriated may be the object of possession. (A. 530)
which invalidates it. He is deemed a possessor in bad faith who
possesses in any case contrary to the foregoing. Mistake upon a
Q: What are the requisites/elements of possession?
doubtful or difficult question of law may be the basis of good
A: The requisites of possession are:
faith. (A. 526)
1. There must be holding or control (occupancy, or taking
or apprehension) of a thing or a right. (This holding
Q: When is a possession in good faith converted into a
may be actual or constructive.)
possession in bad faith?
2. There must be a deliberate intention to possess
A: Possession acquired in good faith does not lose this
(animus possedendi). This is a state of mind.
character except in the case and from the moment facts exist
3. The possession must be by virtue of ones own right.
which show that the possessor is not unaware that he
(This may be because he is an owner or because of a
possesses the thing improperly or wrongfully. (A. 528)
right derived from the owner such as that of a tenant.)
Q: State the requisites for acquisition of possession from the
Q: State the degrees of possession.
viewpoint of who possesses. (A. 532)
A: Degrees of possession are:
A: They are as follows:
a. Mere holding or having, without any right
1. Personal
whatsoever.grammatical possession (e.g.:
a. Intent to possess
possession by a thief)
b. Capacity to possess
b. Possession with a juridical title, but not that of an
c. Object must be capable of being possess
owner. (e.g.: that of a lessee, pledgee, depositary.)
2. Thru authorized person (agent or legal representative)
juridical possession
a. Intent to possess for principal (not for agent)
c. Possession with a just title, but not from the true
b. Authority or capacity to possess (for another)
owner.real possessory right. (e.g.: A in good faith
c. Principal has intent and capacity to possess
buys an automobile from B who delivers same to A,
3. Thru unauthorized person (but only if subsequently
and who merely pretended to be the owner.)
ratified)
d. Possession with a title of dominium, that is, with a just
a. Intent to possess for another (the principal)
title from the owner. (This is really ownership or
b. Capacity of principal to possess
possession that springs from ownership.)
c. Ratification by principal
Q: What are the classes of possession?
Q: State some presumptions regarding possession.
A: The classes of possession are the following:
A: They are the following:
a. In ones own name (A. 524)personal acquisition
1. Good faith is always presumed. (A. 527)
1. he must have acquire possession
2. It is presumed that possession [whether in good faith
2. intent to possess
or bad faith] continues to be enjoyed in the same
3. possibility to acquire possession
character in which it was acquired, until the contrary is
b. In anothers name (A. 524 in rel. to A. 532)agent;
proved. (A. 529)
subject to authority, and ratification if not authorized;
3. The possession of hereditary property is deemed
negotiorumgestio
transmitted to the heir without interruption, and from
1. Voluntary as when an agent possesses for the
the moment of death of the decedent, in case the
principal (by virtue of agreement).
inheritance is accepted. One who validly renounces is
2. Necessary as when a mother possesses for a
deemed never to have possessed the same. (A. 533)
child still in the maternal womb.
4. A possessor in the concept of owner has in his favor
Note: Here the mother does not possess the child; she the legal presumption that he possesses with just title,
possesses FOR him. and he cannot be obliged to show or prove it. (A. 541)
5. One who recovers, according to law, possession
3. Unauthorized (This will become the principals unjustly lost, shall be deemed for all purposes which
possession only after there has been a ratification may redound to his benefit, to have enjoyed it without
without prejudice to the effects of interruption. (A. 561)
negotiorumgestio.) 6. It is presumed, that the present possessor who was
also the possessor at previous time, has continued to
c. In the concept of owner (enconcepto de dueno) (A. be in possession during the intervening time, unless
525) owner himself or adverse possessor there is proof to the contrary. (A. 1138[2]) in relation
d. In the concept of holder (A. 525) usufruct, lessee, to A. 554 present possessor who shows his
bailee in commodatum possession at some previous time, is presumed to have
e. In good faith (bona fide) or in bad faith (mala fide). held possession also during the intermediate period, in
the absence of proof to the contrary.
The exercise of a right of ownership yields to exercise of the rights 7. The possession of real property presumes that of the
of the agricultural tenant. Possession and ownership are distinct movables therein, so long as it is not shown or proved
legal concepts. Ownership confers certain rights to the owner, that they should be excluded. (A. 542)
among which are the right to enjoy the thing owned and the right
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
8. Each one of the participants of a thing possessed in disguised possession and may be with or without
common shall be deemed to have exclusively the owners knowledge. 95
possessed the part which may be allotted to him upon Q: Possession as a fact cannot be recognized at the same time
the division thereof, for the entire period during which in two different personalities except in the case of co-
the co-possession lasted. (A. 543) possession. Should a question arise regarding the fact of
possession, what are the rules?
Q: How is possession acquired? (A.531) A: In cases of dispute regarding possession, the order of
A: Possession is acquired: preference would be the following:
1. By material occupation (detention) of a thing or the 1. The present possessor shall be preferred
exercise of a right (quasi-possession). It includes: 2. If there are two possessors, the one longer in
a. Constitutumpossessoriumexists when a person possession
who possessed property as an owner, now 3. If the dates of possession are the same, the one who
possesses it in some other capacity, as that of presents a title
lessee or depositary. 4. If all these conditions are equal, the thing shall be
b. Traditiobrevimanu(the opposite of placed in judicial deposit pending determination of its
constitutumpossessorium) this exists when a possession or ownership through proper proceedings.
person who possessed a property not as an owner (A. 538)
(like a lessee), now possesses it as owner.
2. By subjection to our will (clearly, this does not require Q: What are the rights/effects arising from possession?
actual physical detention or seizure). It includes: A: They are as follows:
a. Traditiosimbolicaeffected by delivering an object 1. Every possessor has a right to be respected in his
(such as key) symbolizing the placing of one thing possession; and should he be disturbed therein he
under the control of the vendee. shall be protected in or restored to said possession by
b. Traditio longa manueffected by mere consent or the means established by the laws and the Rules of
agreement of the parties. Court.
3. By constructive possession or proper acts and legal A possessor deprived of his possession through forcible
formalities (such as succession, donation, execution or entry may within ten days from the filing of the
public instruments; or thru the possession by a sheriff complaint present a motion to secure from the
by virtue of a court order) competent court, in the action of forcible entry, a writ
of preliminary mandatory injunction to restore him in
Q: State the rules in case of possession thru succession. his possession. The court shall decide the motion
A: They are the following: within 30 days from filing thereof. (A. 539)
1. The possession of hereditary property is deemed 2. Possession acquired and enjoyed in the concept of an
transmitted to the heir without interruption, and from owner can serve as title for acquiring dominion. (A.
the moment of death of the decedent, in case the 540)
inheritance is accepted. One who validly renounces is a. Possession has to be in the concept of owner,
deemed never to have possessed the same. (A. 533) public, peaceful, and uninterrupted
2. One who succeeds by hereditary title shall not suffer b. Title short of ownership
the consequences of the wrongful possession of the 3. A possessor in the concept of owner has in his favor
decedent, if it is not shown that he was aware of the the legal presumption that he possesses with a just
flaws affecting it; but the effects of possession in good title and he cannot be obliged to show or prove it. (A.
faith shall not benefit him except from the date of 541)
death of the decedent. (A. 534)
JUST TITLE IN THE CHAPTER OF POSSESSION AND IN
Q: May minors and incapacitated persons acquire the THAT OF PRESCRIPTION
possession of things?
A: Yes, BUT they need the assistance of their legal In Possession In Prescription
representatives in order to exercise the rights which from the Just title here is presumed. Just title here must be proved.
possession arise in their favor. (A. 535) (Title refers either to (Title refers either to document or
document or right.) The term right).
show evidently refers to a
Q: Can minors and incapacitated persons acquire property or
document; while the term
rights thru prescription? prove refers to the right.
A: Yes, either personally or thru their parents, guardians, or Just title here means Just title here means
legal representatives. (A. 1107) tituloverdadero y valido titulocolorado (merely colorable
(true and valid title sufficient title although there was a mode
Q: Are there instances when possession cannot be acquired? to transfer ownership) of transferring ownership, the
A: Yes. Possession cannot be acquired: grantor was not the owner).
a. Thru force or intimidation (as long as there is a
possessor who objects thereto)He who believes 4. The possession of real property presumes that of the
that he has an action or right to deprive another movables therein, so long as it is not shown or proved
of the holding of a thing, must invoke the aid of that they should be excluded. (A. 542)
the competent court,, if the holder should refuse 5. Each one of the participants of a thing possessed in
to deliver the thing. (A. 536) common shall be deemed to have exclusively
b. Thru mere tolerance (permission). (Mere inaction possessed the part which may be allotted to him upon
or mere failure to bring an action is NOT the the division thereof, for the entire period during which
tolerance referred to in the law) (A. 537) the co-possession lasted. Interruption in the
c. Thru clandestine, secret possession (or possession possession of the whole or a part of a thing possessed
without knowledgepossession by stealth). (A. in common shall be to the prejudice of all the
537). Clandestine possession by itself is hidden or possessors. However, in case of civil interruption, the
Rules of Court shall apply. (A. 543)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
6. A possessor in good faith is entitled to the fruits SUMMARY OF RIGHTS OF POSSESOR ON
received before the possession is legally interrupted. REIMBURSEMENT OF EXPENSES 96
Natural and industrial fruits are considered received
from the time they are gathered or severed. Civil fruits If in Good Faith If in Bad Faith
are deemed to accrue daily and belong to the Necessary Right to be refunded Right to reimbursement
possessor in good faith in that proportion. (A. 544) expenses PLUS right of retention BUT without right of
7. If at the time the good faith ceases, there should be until reimbursed therefor retention
Useful 1. Right to The possessor in bad
any natural or industrial fruits, the possessor shall have
expenses reimbursement of the faith is not entitled to
a right to a part of the expenses of cultivation, and to amount of expenses any right regarding the
a part of the net harvest, both in proportion to the OR to payment of the useful expenses. (A
time of the possession. The charges shall be divided on increase in the value builder or possessor in
the same basis by the two possessors. which the thing may bad faith is not entitled
The owner of the thing may, should he so desire, give have acquired (A. to indemnity for any
the possessor in good faith the right to finish the 546) useful improvement on
cultivation and gathering of the growing fruits, as an 2. Right of the premises because of
retention until paid Art. 449.)
indemnity for his part of the expenses of cultivation
3. Right of
and the net proceeds; the possessor in good faith who removal of
for any reason whatever should refuse to accept this improvement
concession, shall lose the right to be indemnified in (provided no
any other manner. (A. 545) substantial
8. Necessary expenses shall be refunded to every damage/injury is
possessor; but only the possessor in good faith may caused to the
retain the thing until he has been reimbursed therefor. principal, reducing its
value) UNLESS the
Useful expenses shall be refunded only to the
winner (owner or
possessor in good faith with the same right of lawful possessor)
retention, the person who has defeated him in the exercises option (1)
possession having the option of refunding the amount Luxurious or Generally, no right to Generally, no right to
of the expenses or of paying the increase in value ornamental refund or retention but refund or retention but
which the thing may have acquired by reason thereof. expenses can remove if no can remove if no
(A. 546) substantial injury is substantial injury is
9. If the useful improvements can be removed without caused. HOWEVER, caused. HOWEVER,
damage to the principal thing, the possessor in good successor in the lawful possessor has
possession has option to option to allow:
faith may remove them, unless the person who
allow: 1. Possessor to
recovers the possession exercises the option under 1. Possessor to remove OR
paragraph 2 of the preceding article. (A. 547) remove OR 2. Retain for himself
10. Expenses for pure luxury or mere pleasure shall not be 2. Retain for the ornaments by
refunded to the possessor in good faith; but he may himself the paying the value
remove the ornaments with which he has embellished ornaments by they may have at
the principal thing if it suffers no injury thereby, and if refunding the the time he enters
his successor in the possession does not prefer to expenses into possession (A.
incurred (A. 549)
refund the amount expended. (A. 548)
548)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Q: When may a possessor lose his possession? SUMMARY OF RECOVERY
A: A possessor may lose his possession: (A. 555) OR NON-RECOVERY PRINCIPLE 97
1. By abandonment of the thing(voluntary renunciation Owner MAY RECOVER 1. From possessor in bad faith
of a thing) WITHOUT 2. From possessor in good faith
a. The abandoner must have been a possessor in the REIMBURSEMENT (if owner had LOST the property or
had been unlawfully deprived of it)
concept of owner (either an owner or mere
(the acquisition being from a
possessor may respectively abandon either private person) (A. 559)
ownership or possession)
Owner MAY RECOVER If possessor acquired the object in good
b. The abandoner must have capacity to renounce or but should faith at a PUBLIC SALE or AUCTION. (A.
to alienate (for abandonment is the repudiation of REIMBURSE 559).
a property right)
c. There must be a physical relinquishment of the Note: The publicity attendant to the
thing or object public sale should have been sufficient
d. There must be no more spes recuperandi warning for the owner to come forward
(expectation to recover) and no more animus and claim the property
Owner CANNOT 1. If possessor had acquired it in
revertendi (intent to return or get back)
RECOVER even if he good faith by purchase from a
2. By an assignment made to another either by onerous offers to REIMBURSE merchants store, or in fairs, or markets
or gratuitous title(the complete transmission of (whether or not the in accordance with the Code of
ownership rights to another person, onerously or owner had lost or been Commerce and special laws (A. 1505,
gratuitously) unlawfully deprived) Civil Code, in rel. to Arts. 85-86, Code of
3. By the destruction or total loss of the thing, or because Commerce)
it goes out of commerce 2. If owner is by his conduct
precluded from denying the sellers
a. A thing is lost when it perishes, or goes out of authority to sell.ESTOPPEL. (A. 1505)
commerce, or disappears in such a way that its 3. If the possessor had obtained
existence is unknown, or it cannot be recovered. the goods because he was an innocent
(A. 1189) purchaser for value and holder of a
b. Partial loss in general results only in the loss of NEGOTIABLE document of title to the
possession of the part lost, although the rule in goods. (See A. 1518)
obligations and contracts is that the courts shall
determine whether, under the circumstances, the Q: State the rules in case of possession of wild animals.
partial loss of the object of the obligation is so A: The rules are as follows: (A. 560)
important as to extinguish the obligation. (A. 1. In case of wild animals, possessor is the one who has
1264) control over them
4. By the possession of another, subject to the provisions 2. In case of domesticated and tamed animals, the
of Article 537 (Acts merely tolerated, and those possessor does not lose possession AS LONG AS they
executed clandestinely and without the knowledge of habitually return to the possessors premises.
the possessor of a thing, or by violence, do not affect Note: Insofar as ownership over domesticated animals are concerned,
A. 716 applies. It says: The owner of domesticated animals may claim
possession.), if the new possession has lasted longer
them within twenty (20) days, to be counted from the occupation by
than one year. But the real right of possession is not another person. This period having expired (without the claim having
lost till after the lapse of ten years. been made), they shall pertain to him who has CAUGHT and KEPT
them.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
USUFRUCT VS. LEASE
TITLE VI - USUFRUCT
Usufruct Lease
98
Q: Define usufruct. Extent
A:Usufruct gives a right to enjoy the property of another with As a rule, it covers all fruits Generally covers only a particular
the obligation of preserving its form and substance, unless the and uses or specific use
title constituting it or the law otherwise provides. (A. 562) Nature of the right
Is always a real right Is a real right only if, as in the
Q: What are the characteristics/elements of usufruct? case of a lease over real property,
A: The characteristics/elements of usufruct are the following: the lease is registered, or is for
more than one year, otherwise it
1. ESSENTIAL characteristics (those without which it
is only a personal right
cannot be termed usufruct)
Creator of the right
a. It is a REAL right (whether or not registered) Can be created only by the The lessor may or may not be the
b. It is of temporary nature or duration (not owner, or by a duly authorized owner (as when there is a
perpetual) agent, acting in behalf of the sublease or when the lessor is
c. Its purpose is to enjoy the benefits and derive all owner only a usufructuary)
advantages from the object as a consequence of Origin
NORMAL USE or EXPLOITATION. May be created by law, May be created as a rule only by
2. NATURAL characteristic/element (that which ordinarily contract, last will, or by contract; and by way of exception,
is present, but a contrary stipulation can eliminate it prescription (A. 563) by law (as in the case of an
implied new lease, or when a
because it is not essential)
builder has built in good faith on
a. The obligation of CONSERVING or PRESERVING the land of another a building,
the FORM AND SUBSTANCE (value) of the thing. when the land is considerably
worth more in value than the
Note: Stated otherwise, the requisites of usufruct are: building, etc.) (see A. 448)
1. Real, temporary right to enjoy anothers property Cause
2. The obligation to preserve its form or substance. The owner is more or less The owner or lessor is more or
passive, and he allows the less active, and he makes the
3. ACCIDENTAL characteristics/elements (those which usufructuary to enjoy the lessee enjoyhacegozar
may be present or absent depending upon the thing given in usufruct
stipulation of the parties) dejagozar
a. Whether it be pure or conditional usufruct Repairs
b. The number of years it will exist The usufructuary has the duty The lessee generally has no duty
to make the ordinary repairs to pay for repairs
c. Whether it is in favor of one person or several,
Taxes
etc. The usufructuary pays for the The lessee generally pays no
annual charges and taxes on taxes
USUFRUCT VS. EASEMENTS the fruits
As to other things
Usufruct Easement A usufructuary may lease the The lessee cannot constitute a
Object property itself to another (see usufruct on the property leased
The object here may be real This involves only real property. A. 572)
or personal property.
Rights enjoyed Q: What are the different classifications of usufruct?
What can be enjoyed here are Easement is limited to a particular A: They are as follows:
ALL uses and fruits of the use (like the right of way). A. Classification as to origin (A. 563):
property.
a. Legal (created by law)
Constitution
b. Voluntary (or conventional)
A usufruct cannot be An easement may be constituted
constituted on an easement; in favor of, or burdening, a piece 1. Created by will of the parties INTER VIVOS
but it may be constituted on of land held in usufruct. (as by contract or donation)
the land burdened by an 2. Created MORTIS CAUSA (as in last will and
easement. testament)
Extinguishment c. Mixed (or prescriptive)(created by both law and
Usually extinguished by Not extinguished by the death of act of a person)
death of usufructuary. the owner of the dominant
estate. Q: Must there be a registration of usufruct over real
property?
A: Yes. A usufruct over real property, being a real
right, must be duly registered in order to bind innocent
third parties. (A. 709, C.C.)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
C. Classification as to number of persons enjoying the 3. If the usufructuary has leased the lands or tenements
right (A. 564): given in usufruct, and the usufruct should expire 99
a. Simple if only one usufructuary enjoys before the termination of the lease, he or his heirs and
b. Multiple if several usufructuaries enjoy successors shall receive only the proportionate share of
1. Simultaneous (at the same time) the rent that must be paid by the lessee. (A. 568)
2. Successive (one after the other) 4. Civil fruits are deemed to accrue daily, and belong to
the usufructuary in proportion to the time the usufruct
Note: If the usufruct is created by donation, all the donees may last. (A. 569)
must be alive, or at least already conceived, at the time of the 5. Whenever a usufruct is constituted on the right to
perfection of the donation (A. 756); and in the case of receive a rent or periodical pension, whether in money
testamentary succession, there must only be two successive
or in fruits, or in the interest on bonds or securities
usufructuaries; moreover, both must be alive or at least
conceived at the time of the testators death. (See 863 and payable to bearer, each payment due shall be
869) considered as the proceeds or fruits of such right.
Whenever it consists in the enjoyment of benefits
D. Classification as to quality or kind of objects involved accruing from a participation in any industrial or
(A. 564): commercial enterprise, the date of the distribution of
a. Usufruct over rights (the right must not be strictly which is not fixed, such benefits shall have the same
personal or intransmissible in character, hence, character.
the right to receive present or future support In either case they shall be distributed as civil fruits,
cannot be the object of usufruct) (A usufruct and shall be applied in the manner prescribed in the
over a real right is also by itself a real right) preceding article. (A. 570)
b. Usufruct over things 6. The usufructuary shall have the right to enjoy any
a. Normal (or perfect or regular) usufruct increase which the thing in usufruct may acquire
involves non-consumable things where the through accession, the servitudes established in its
form and substance are preserved favor, and, in general, all the benefits inherent therein.
b. Abnormal (or imperfect or irregular) usufruct (A. 571)
7. The usufructuary may personally enjoy the thing in
E. Classification according to terms or conditions (A. 564) usufruct, lease it to another, or alienate his right of
a. Pure usufruct (no term or condition) usufruct, even by a gratuitous title; but all the
b. With a term or period (a termino) contracts he may enter into as such usufructuary shall
1. Ex die from a day certain terminate upon the expiration of the usufruct, saving
2. In diem up to a certain day leases of rural lands, which shall be considered as
3. Ex die in diem from a certain day up to a subsisting during the agricultural year. (A. 572)
certain day 8. Whenever the usufruct includes things which, without
c. With a condition (conditional) being consumed, gradually deteriorate through wear
1. Suspensive fulfillment of the condition gives and tear, the usufructuary shall have the right to make
rise to usufruct use thereof in accordance with the purpose for which
2. Resolutory fulfillment of condition they are intended, and shall not be obliged to return
extinguishes the usufruct them at the termination of the usufruct except in their
condition at that time; but he shall be obliged to
Q: What are the rules that govern usufruct? indemnify the owner for any deterioration they may
A: the rules are the following: have suffered by reason of his fraud or negligence. (A.
1. First, the agreement of the parties or the title giving 573)
the usufruct 9. Whenever the usufruct includes things which cannot be
2. Second, in case of deficiency, apply the Civil Code (A. used without being consumed, the usufructuary shall
565) have the right to make use of them under the
obligation of paying their appraised value at the
Q: What are the rights of a usufructuary? termination of the usufruct, if they were appraised
A: The following are the rights of a usufructuary: when delivered. In case they were not appraised, he
1. The usufructuary shall be entitled to all the natural, shall have the right to return at the same quantity and
industrial and civil fruits of the property in usufruct. quality, or pay their current price at the time the
With respect to hidden treasure which may be found usufruct ceases. (A. 574)
on the land or tenement, he shall be considered a 10. The usufructuary of fruit-bearing trees and shrubs may
stranger. (A. 566) make use of the dead trunks, and even of those cut off
2. Natural or industrial fruits growing at the time the or uprooted by accident, under the obligation to
usufruct begins, belong to the usufructuary. replace them with new plants. (A. 575)
Those growing at the time the usufruct terminates, 11. If in consequence of a calamity or extraordinary event,
belong to the owner. In the preceding cases, the the trees or shrubs shall have disappeared in such
usufructuary, at the beginning of the usufruct, has no considerable number that it would not be possible or it
obligation to refund to the owner any expenses would be too burdensome to replace them, the
incurred; but the owner shall be obliged to reimburse usufructuary may leave the dead, fallen or uprooted
at the termination of the usufruct, from the proceeds trunks at the disposal of the owner, and demand that
of the growing fruits, the ordinary expenses of the latter remove them and clear the land. (A. 576)
cultivation, for seed, and other similar expenses 12. The usufructuary of woodland may enjoy all the
incurred by the usufructuary. The provisions of this benefits which it may produce according to its nature.
article shall not prejudice the rights of third persons, If the woodland is a copse or consists of timber for
acquired either at the beginning or at the termination building, the usufructuary may do such ordinary
of the usufruct. (A. 567) cutting or felling as the owner was in the habit of
doing, and in default of this, he may do so in
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
accordance with the custom of the place, as to the Q: When may a usufructuary be excused from the
manner, amount and season.In any case the felling or obligation of making an inventory or of giving security? 100
cutting of trees shall be made in such manner as not to A: The usufructuary, whatever may be the title of the
prejudice the preservation of the land. usufruct, may be excused from the obligation of
In nurseries, the usufructuary may make the necessary making an inventory or of giving security, when no one
thinnings in order that the remaining trees may will be injured thereby. (A. 585)
properly grow. With the exception of the provisions of
the preceding paragraphs, the usufructuary cannot cut Q: What are the effects of failure to give security in
down trees unless it be to restore or improve some of case usufructuary is bound to give it?
the things in usufruct, and in such case shall first A: The effects are as follows:
inform the owner of the necessity for the work. (A. A. the owner may demand that:
577) a. immovables be placed under
13. The usufructuary of an action to recover real property administration
or a real right, or any movable property, has the right b. the movables be sold
to bring the action and to oblige the owner thereof to c. the public bonds, instruments of credit
give him the authority for this purpose and to furnish payable to order to bearer be converted
him whatever proof he may have. If in consequence of into registered certificates or deposited in
the enforcement of the action he acquires the thing a bank or public institution, and that
claimed, the usufruct shall be limited to the fruits, the d. the capital or sums in cash and the
dominion remaining with the owner. (A. 578) proceeds of the sale of the movable
14. The usufructuary may make on the property held in property be invested in safe securities.
usufruct such useful improvements or expenses for B. Interest on the proceeds of sale and of
mere pleasure as he may deem proper, provided he property placed under administration shall
does not alter its form or substance; but he shall have belong to the usufructuary.
no right to be indemnified therefor. He may, however, C. The owner may, if he so prefers, until the
remove such improvements, should it be possible to do usufructuary gives security or is excused from
so without damage to the property. (A. 579) so doing, retain in his possession the property
15. The usufructuary may set off the improvements he in usufruct as administrator, subject to the
may have made on the property against any damage obligation to deliver to the usufructuary the
to the same. (A. 580) net proceeds thereof, after deducting the
16. The owner of property the usufruct of which is held by sums which may be agreed upon or judicially
another, may alienate it, but he cannot alter its form or allowed him for such administration. (A. 586)
substance, or do anything thereon which may be 2. If the usufructuary who has not given security claims,
prejudicial to the usufructuary. (A. 581) by virtue of a promise under oath, the delivery of the
17. The usufructuary of a part of a thing held in common furniture necessary for his use, and that he and his
shall exercise all the rights pertaining to the owner family be allowed to live in a house included in the
thereof with respect to the administration and the usufruct, the court may grant this petition, after due
collection of fruits or interest. Should the co-ownership consideration of the facts of the case.
cease by reason of the division of the thing held in The same rule shall be observed with respect to
common, the usufruct of the part allotted to the co- implements, tools and other movable property
owner shall belong to the usufructuary. (A. 582) necessary for an industry or vocation in which he is
18. After the security has been given by the usufructuary, engaged.
he shall have a right to all the proceeds and benefits If the owner does not wish that certain articles be sold
from the day on which, in accordance with the title because of their artistic worth or because they have a
constituting the usufruct, he should have commenced sentimental value, he may demand their delivery to
to receive them. (A. 588) him upon his giving security for the payment of the
legal interest on their appraised value. (A. 587)
Q: What are the obligations of a usufructuary? 3. The usufructuary shall take care of the things given in
A: The following are the obligations of a usufructuary: usufruct as a good father of a family. (A. 589)
1. The usufructuary, before entering upon the enjoyment 4. A usufructuary who alienates or leases his right of
of the property, is obliged: usufruct shall answer for any damage which the things
(1) To make, after notice to the owner or his legitimate in usufruct may suffer through the fault or negligence
representative, an inventory of all the property, which of the person who substitutes him. (A. 590)
shall contain an appraisal of the movables and a 5. If the usufruct be constituted on a flock or herd of
description of the condition of the immovables; (2) To livestock, the usufructuary shall be obliged to replace
give security, binding himself to fulfill the obligations with the young thereof the animals that die each year
imposed upon him in accordance with this Chapter. (A. from natural causes, or are lost due to the rapacity of
583) beasts of prey.
If the animals on which the usufruct is constituted
Q: When does the provision in Article 583 (2) should all perish, without the fault of the usufructuary,
inapplicable? on account of some contagious disease or any other
A: The provisions of No. 2 of article 583 shall not apply uncommon event, the usufructuary shall fulfill his
to the donor who has reserved the usufruct of the obligation by delivering to the owner the remains
property donated, or to the parents who are which may have been saved from the misfortune.
usufructuaries of their children's property, except when Should the herd or flock perish in part, also by accident
the parents contract a second marriage. (A. 584) and without the fault of the usufructuary, the usufruct
shall continue on the part saved.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Should the usufruct be on sterile animals, it shall be 2. Should the immovable be attached or sold judicially for
considered, with respect to its effects, as though the payment of the debt, the owner shall be liable to 101
constituted on fungible things. (A. 591) the usufructuary for whatever the latter may lose by
6. The usufructuary is obliged to make the ordinary reason thereof. (A. 600, 2nd par.)
repairs needed by the thing given in usufruct. 3. Should the thing in usufruct be expropriated for public
By ordinary repairs are understood such as are use, the owner shall be obliged either to replace it with
required by the wear and tear due to the natural use another thing of the same value and of similar
of the thing and are indispensable for its preservation. conditions, or to pay the usufructuary the legal interest
Should the usufructuary fail to make them after on the amount of the indemnity for the whole period of
demand by the owner, the latter may make them at the usufruct. If the owner chooses the latter
the expense of the usufructuary. (A. 592) alternative, he shall give security for the payment of
7. Extraordinary repairs shall be at the expense of the the interest. (A. 609)
owner. The usufructuary is obliged to notify the owner
when the need for such repairs is urgent. (A. 593) Q: What are the modes of extinguishing a usufruct?
8. The payment of annual charges and taxes and of those A: Usufruct is extinguished:
considered as a lien on the fruits, shall be at the 1. By the death of the usufructuary, unless a contrary
expense of the usufructuary for all the time that the intention clearly appears;
usufruct lasts. (A. 596) 2. By the expiration of the period for which it was
9. The usufructuary may claim any matured credits which constituted, or by the fulfillment of any resolutory
form a part of the usufruct if he has given or gives the condition provided in the title creating the usufruct;
proper security. If he has been excused from giving 3. By merger of the usufruct and ownership in the same
security or has been able to give it, or if that given is person;
not sufficient, he shall need the authorization of the
owner, or of the court in default thereof, to collect
4. By renunciation of the usufructuary;
such credits. 5. By the total loss of the thing in usufruct;
The usufructuary who has given security may use the -- If the thing given in usufruct should be lost only in
capital he has collected in any manner he may deem part, the right shall continue on the remaining part. (A.
proper. The usufructuary who has not given security 604)
shall invest the said capital at interest upon agreement 6. By the termination of the right of the person
with the owner; in default of such agreement, with constituting the usufruct;
judicial authorization; and, in every case, with security 7. By prescription. (A. 603)
sufficient to preserve the integrity of the capital in
usufruct. (A. 599) Q: Is usufruct extinguished by the bad use of the thing subject
10. The usufructuary of a mortgaged immovable shall not of the usufruct?
be obliged to pay the debt for the security of which the A: No. A usufruct is not extinguished by bad use of the thing in
mortgage was constituted. (A. 600, 1st par.) usufruct; but if the abuse should cause considerable injury to
11. The usufructuary shall be obliged to notify the owner the owner, the latter may demand that the thing be delivered to
of any act of a third person, of which he may have him, binding himself to pay annually to the usufructuary the net
knowledge, that may be prejudicial to the rights of proceeds of the same, after deducting the expenses and the
ownership, and he shall be liable should he not do so, compensation which may be allowed him for its administration.
for damages, as if they had been caused through his (A. 610)
own fault. (A. 601)
12. The expenses, costs and liabilities in suits brought with Q: What is the rule in case of a usufruct in favor of a town,
regard to the usufruct shall be borne by the corporation, or association?
usufructuary. (A. 602) A:Usufruct cannot be constituted in favor of a town,
corporation, or association for more than fifty years. If it has
Q: What are the obligations of the owner? been constituted, and before the expiration of such period the
A: The following are the obligations of the owner: town is abandoned, or the corporation or association is
1. If the owner should make the extraordinary repairs, he dissolved, the usufruct shall be extinguished by reason thereof.
shall have a right to demand of the usufructuary the (A. 605)
legal interest on the amount expended for the time
that the usufruct lasts. Q: What are the other rules pertaining to usufruct?
Should he not make them when they are indispensable A: They are as follows:
for the preservation of the thing, the usufructuary may 1. A usufruct granted for the time that may elapse before
make them; but he shall have a right to demand of the a third person attains a certain age, shall subsist for
owner, at the termination of the usufruct, the increase the number of years specified, even if the third person
in value which the immovable may have acquired by should die before the period expires, unless such
reason of the repairs. (A. 594) usufruct has been expressly granted only in
consideration of the existence of such person. (A. 606)
Q: Can the owner construct works or improvements on 2. If the usufruct is constituted on immovable property of
the property subject of the usufruct? which a building forms part, and the latter should be
A: Yes. The owner may construct any works and make destroyed in any manner whatsoever, the usufructuary
any improvements of which the immovable in usufruct shall have a right to make use of the land and the
is susceptible, or make new plantings thereon if it be materials.
rural, provided that such acts do not cause a The same rule shall be applied if the usufruct is
diminution in the value of the usufruct or prejudice the constituted on a building only and the same should be
right of the usufructuary. (A. 595) destroyed. But in such a case, if the owner should wish
to construct another building, he shall have a right to
occupy the land and to make use of the materials,
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
being obliged to pay to the usufructuary, during the
continuance of the usufruct, the interest upon the sum 102
equivalent to the value of the land and of the
materials. (A. 607)
3. If the usufructuary shares with the owner the
insurance of the tenement given in usufruct, the
former shall, in case of loss, continue in the enjoyment
of the new building, should one be constructed, or
shall receive the interest on the insurance indemnity if
the owner does not wish to rebuild.
Note:Art. 758. When the donation imposes upon the donee the
obligation to pay the debts of the donor, if the clause does not contain
any declaration to the contrary, the former is understood to be liable to
pay only the debts which appear to have been previously contracted. In
no case shall the donee be responsible for the debts exceeding the
value of the property donated, unless a contrary intention clearly
appears. Art. 759. There being no stipulation regarding the payment of
debts, the donee shall be responsible therefor only when the donation
has been made in fraud of creditors.The donation is always presumed to
be in fraud of creditors, when at the time thereof the donor did not
reserve sufficient property to pay his debts prior to the donation.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
12. It is perpetual as long as the dominant and or/ the servient
TITLE VII - EASEMENTS estate exists unless sooner extinguished by causes provided
by law.
103
Q: What is easement? 13. It is a continuing right.
A: It is an encumbrance imposed upon an immovable for
thebenefit of another immovable belonging to a different
owner orfor the benefit of a community or one or more CLASSIFICATIONS OF EASEMENT
persons to whom the encumbered estate does not belong.
(Art. 613&614,NCC) A. According to the recipient of benefits:
1. Real or Praedial-this kind of easement exists for the benefit
An easement is a real right on another's property, corporeal and of a particular immovable belonging to different owner.
immovable, whereby the owner of the latter must refrain from doing or 2. Personal-this kind of easement exists for the benefit of one
allowing somebody else to do or something to be done on his or her
or more persons or of a community.
property, for the benefit of another person or tenement.(Pilar
Development Corporation V. Dumadag, et. Al.,2013)
B. According to source or origin and establishment of
Q: Is Easement the same as servitude? easement:
A: Generally,easement is the name used in common law 1. Legal-created by law, whether for public use or private
countries while servitude is used in civil law countries.As interest.
used in the Civil Code of the Philippines,easement is the 2. Voluntary- created by the will or agreement of the owners
same as servitude. of the estate or by the testator.
3. Mixed-created partly by agreement and partly by law.
Easement Lease
1.It is always a real right; 1.It is a real right when it is C. According to the manner they are exercised:
2.It refers only to immovables; registered or when the lease of 1. Continuous-their use is or may be incessant, without the
3. There is rightful limited use real property exceeds one year; intervention of any man.
but without possession or 2.It refers to real or personal 2. Discontinuous-their used is at intervals, and dependent
ownership. property;
upon the acts of man.
3.There is rightful limited use
and possession without
ownership. Note:The classification is important in determining prescription because
only continuous and apparent easements can be created by
prescription.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
the servient estate from doing something that he could RIGHTS AND OBLIGATIONS OF THE OWNERS OF THE
lawfully do if the easement did not exist. DOMINANT AND SERVIENT ESTATES 104
RIGHTS OF DOMINANT ESTATE
MODES OF ACQUIRING EASEMENTS 1. To use the easement and exercise all rights necessary for
it.(Art.625&626,NCC)
A. By Title 2. To do at his expense all necessary works for the use and
preservation of the easement.(Art. 627,NCC)
Q: What is title? 3. To renounce totally the easement if he desires exemption
A: Itrefers to a juridical act or law sufficient to create an from the contribution to expenses.(Art.628,NCC)
encumbrance such as law,donation and contract. 4. In a right of way, to ask for change in width of easement
1. Continuous and apparent (Art.620,NCC) sufficient for needs. (Art.651,NCC)
2. Continuous non-apparent Q: Can he petition for mandatory injunction to prevent
3. Discontinuous apparent impairment in the exercise of easement.
4. Discontinuous non-apparent(Art.622,NCC) A: Yes, when the owner of the servient estate obstructs the
Note:The existence of an apparent sign of easement between two right of way by building a wall or fence.
estates, established or maintained by the owner of both, shall be
considered as a title in order that the easement may continue OBLIGATIONS OF THE DOMINANT ESTATE
actively and passively. 1. He cannot alter the easement.(Art.627,NCC)
2. He cannot make it more burdensome.(Art.627,NCC)
Q: How does the absence of document or proof showing the 3. He cannot use the easement except for the immovable
origin of the easement which cannot be acquired by originally contemplated and for the purpose previously
prescription be cured? established.(Art.627,NCC)
A: 4. In case there be several dominant estates,to contribute to
1. By deed of recognition by the servient owner; necessary expenses in proportion to the benefits received.
2. Final judgment declaring the existence of
easement.(Art.623,NCC) RIGHTS OF THE SERVIENT ESTATE
1. To retain ownership and possession of the land affected by
B. By Prescription the easement. (Art.630,NCC)
Q: What is the period of period? 2. To make use of the easement. (Art.628,NCC)
A: The law expressly provides for 10 years irrespective of 3. To change the place and manner of the use of the
good faith or bad faith.The general rule on prescription easement if the same should become very inconvenient or
does not apply because a particular provision otherwise would prevent him from making any works improvements
provides. (Art.620,NCC) or repairs. (Art.629,NCC)
1. Continuous and apparent (Art.620,NCC)
It may be: OBLIGATIONS OF THE SERVIENT ESTATE
a. positive 1. He cannotimpair the use of the easement (Art. 629,NCC)
b. negative 2. To contribute proportionately to expenses if he uses the
easement unless there is a contrary stipulation.(Art.
Q: When shall the prescriptive period be counted? 628,NCC)
A: 3. To pay for the expenses incurred for the change of location
1. In positive easements, from the day on which the or form of the easement.(Art.629,NCC)
owner of the dominant estate, or the person who may have
made use of the easement, commenced to exercise it upon Q: Can he be made liable for damages if he impair the use of
the servient estate. easement?
2. In negative easements, from the day on which the A: Yes,and he shall also restore it to the conditions prevailing
owner of the dominant estate forbade, by an instrument prior to the impairment at his own expense.
acknowledged before a notary public, the owner of the
servient estate from executing an act which would be LEGAL EASEMENTS
lawful without the easement.
KINDS:
Q: Who should make the notarial prohibition? 1. Easement relating to waters
A: The dominant estate through its owner, usufructuary or 2. Easement of right of way
possessor or legal representative. 3. Easement of Party Wall
4. Easement of Light and view
C. By Law otherwise called as compulsory or legal 5. Drainage of Building
easement 6. Intermediaiate Distances and Works for certain
D. By Agreement otherwise known as voluntary constructions and plantings
easement 7. Easement against nuisance
8. Lateral and subjacent support
LAWS THAT GOVERN LEGAL EASEMENT
1. Public Easement- Special rules and regulations relating
thereto;and provision of the Civil Code of the Philippines.
2. Private Easement-The agreement between the parties
provided not contrary to law and does not prejudice third
persons;and provision of the Civil Code of the Philippines.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
EASEMENT RELATING TO WATERS:
6. Easement of Aqueduct-the right to make water flow 105
1. Natural drainage of lands-lower estates are obliged to through intervening estates in order that one may make
receive the waters which naturally and without intervention use of said waters.This easement is considered as
of man descends from higher estates and the stones or continuous and apparent even if the flow of water may not
earth which they carry with them. (Art.637,NCC) be continuous.(Art.646,NCC)
2. Drainage of Buildings-The owner of the building should let Q: On what properties does easement of aqueduct cannot be
rain water fall on his own land and not of the adjacent land imposed?
even if he be a co-owner of the latter.Even if the rain water A: Easement of aqueduct for private interest cannot be
fall on his own land,he shall collect such water not to cause imposed on buildings, courtyards, annexes, or outhouses,
damage to the adjacent land or tenement.(Art.674,NCC) or on orchards or gardens already existing.
Q: What is the remedy if a house is surrounded by other
houses and it is not possible to give an outlet through the 7. Easement for the construction of stop lock or sluice gate-
house itself?
A: Easement of drainage provided that it must be at the point Q: What are its requisites?
of easiest egress, with least damage and payment of 1. Purpose must be for irrigation or improvement;
indemnity. 2. Construction must be on the estate of another;
3. Damages must be paid;
3.Easement along riparian banks-The banks of rivers and 4. Third persons should not be prejudiced.
streams,even if they are of private ownership,are subject
throughout their entire length and within a zone of three EASEMENT OF RIGHT OF WAY
meters along their margins,to the easement of public use in This is the privilege by which one person or class of persons
the general interest of navigation,floatage,fishing and is allowed to pass over anothers land usually thru one
salvage.(Art.638,NCC) particular path.
Note:The river bank may either be private or public and whether Q: What are its requisites?
the river be navigable or not. A:
1. The property is surrounded by other immovables
Q: What is easement of sirga? and is without adequate outlet to a public highway;
A: It is refers to easement on banks of navigable or floatable
rivers; easement of tow path for the exclusive service of Q: What is meant by adequate outlet?
river navigation and floatage. A: An adequate outlet is one that is sufficient for the purpose
Q: How much is the easement allowed? and needs of the dominant owner, and can be established
A: 2 meters if it is for animals while 1 meter if it is for at a reasonable expense.
pedestrians.
2. There must be payment of proper indemnity;
4. Easement Concerning Dam-Whenever it should be Q: What does the indemnity consists?
necessary to build a dam, and the person who is to A:
construct it is not the owner of the banks, or lands which a. If the passage is permanent,value of the
must support it, he may establish the easement of land plus damages;
abutment of a dam, after payment of the proper b. If the passage is temporary,only damages.
indemnity.(Art.639,NCC)
3. It must be established at the point least prejudicial
5. Easement for drawing water or for watering animals- This to the servient estate;
can be imposed only for reasons of public use in favor of a
town or village, after payment of the proper The criterion of least prejudicial to the servient estate must prevail
indemnity.(Art.640,641,NCC) over the criterion of shortest distance although this is a matter of
judicial appreciation. While shortest distance may ordinarily imply
least prejudice, it is not always so as when there are permanent
Q: What is the maximum width allowed? structures obstructing the shortest distance; while on the other
A: 10 meters. hand, the longest distance may be free of obstructions and the
easiest or most convenient to pass through. (Quimen v. CA,1996)
Q: Does easement for drawing water or watering animals Mere inconvenience on the part of the dominant estate is not
includes easement of right of way? enough to serve as basis for easement of right of way.There must
A: Yes becauseit is its accessory easement.The law provides be real,not fictitious or artificial necessity for it.(Ramos
that it is the obligation of the servient estates to allow v.Gatchalian,Realty,Inc.,1987)
As between a right of way that would demolish a fence of strong
passage to persons and animals to the place where the
materials to provide ingress and egress to a public highway and
easements are to be used.(Art.641,NCC) another right of way which although longer will only require a van
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
or vehicle to make a turn, the second alternative should be Temporary easement of right of way
preferred. Mere convenience for the dominant estate is not what is When available:
required by law as the basis for setting up a compulsory easement. 1. If it be indispensable for the construction, repair,
106
(Quintanilla v.Abangan,2008)
improvement, alteration, beautification of a building to
carry materials through the estate of another, or
2. To raise thereon scaffolding or other objects necessary
4. The isolation must not be due to the proprietors
for the work.(Art.656, NCC)
own act;
5. Demandable only by the owner or one with real
Easement of right of way for the passage of livestock
right.
(servidumbrespecuarias)
This refers to animal path,animal trail or those for watering
Q: Who has the burden of proof to establish the requisites of a
places,resting places and animal folds.
compulsory right of way?
A: The owner of the dominant estate.
Q: What rules govern this type of easement?
A: Ordinances and regulations relating to such and in
Q: What is the width of the easement of right of way?
default,by usages and customs of the place.(Art.657,NCC)
A: The width of the easement of right of way shall be that
which is sufficient for the needs of the dominant estate,
Q: What are the maximum width allowed?
and may accordingly be changed from time to time.
A:
(Art.651,NCC)
1. Animal Path- 75 meters
2. Animal Trail- 37 meters and 50 centimeters
Q: Can easement of right of way be acquired by prescription?
3. Compulsory easement for a watering place of animals-
A: No,because it is discontinuous or intermittentand the law
10 meters.
provides that only continuous and apparent easement can
be acquired by prescription. The limitation on the servient
Ownership, repairs and taxes on the easement of
owners right of ownership exists only when the dominant
right of way
owner actually crosses or passes over the servient estate
Permanent Temporary
which he does only at intervals.
Ownership
The use of a footpath or road may be apparent but it is not continuous
easement because its use is at intervals anddepends upon the acts of Ownership belongs to Ownership belongs to
man. It can be exercised only if a man passes or puts his feet over servient estate servient estate
somebody else's land.(Abellana V. CA,1992)
The easement of right of way the privilege of persons or a particular
class of persons to pass over anothers land,usuallythrough one Repairs
particular path or linen ischaracterized as a discontinuous easement Dominant owner pays Servient owner pays
because its use is in intervals and depends on the act of man.(Bicol the repairs the repairs
Agro-Ind v. Obias,2009) Taxes
Q: Can expropriation be used to create a an easement of right Dominant owner pays Servient owner pays
of way? proportionate the taxes.
A: The Republic may in the exercise of eminent domain to taxes to the
servient estate.
impose a burden or encumbrance upon the condemned
property.It is unquestionable that real property may thru
expropriation be subjected to easement of right of Causes for extinguishment of the easement of right of
way.Thus,it may require PLDT to permit interconnection way:
between the government telephone system and that of 1. The right of way has ceased to be necessary because the
PLDT as the needs of the government arise subject to owner of the dominant estate has joined it to another
payment of just compensation. The use of the PLDTs lines abutting the public road.
and services to allow interconnection between telephone 2. A new road is opened giving access to the isolated estate
system is not much different. In either case, private
property is subjected to burden for public use and Q: Is the extinguishment automatic?
benefit.(Republic v.PLDT, 1969) A: No. The law provides that the servient owner may demand
that the easement be extinguished returning what he may
have received by way of indemnity,hence,it follows that if
When right of way is granted with and without he chooses not to demand,the easement
indemnity in sale, exchange, partition or donation remains.(Art.655,NCC)
Q: Does the indemnity to be returned include interest if any?
SALE,EXCHANGE OR DONATION A: No. The law provides that the interest shall belong to the
PARTITION owner of the servient estate as a rent for the use of the
The land of the donor,vendor,exchanger or co-owner is easement.(Art.655,NCC)
the enclosing estate:
Right of way may be granted Right of way may be granted EASEMENT OF PARTY WALL(Servidumbre de medianera)
without payment of provided the donee pays Q: What is a party wall?
indemnity. indemnity. A: It refers to the wall at the dividing line of estates.A party
The land of the donor,vendor,exchanger or co-owner is wall is necessarily a common wall but not all common walls
the enclosed estate: are party walls.
Right of way may be granted Right of way may be granted This is governed by:
but with indemnity. without indemnity. 1. Civil Code
2. Local Ordinances and Customs not in conflict with the Civil
Code;
3. Rules of Co-ownership
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DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Q: Is the easement of party wall a case of co-ownership? RIGHTS OF THE PARTY WALL OWNERS
A: Yes.It is a compulsory kind of co-ownership where shares 1. To use the party wall in proportion to their share in the co- 107
of each owner cannot be separated physically since the wall ownership;
would necessarily be destroyed. Each co-owner owns the 2. To increase the height of the wall;
half nearest to him. 3. To renounce their part ownership in the party wall;
Note:A party wall has a special characteristic that makes it more of 4. To acquire part ownership on any increase made in the
an easement as it is called by law. height of the party wall.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
EASEMENT OF LIGHT AND VIEW Regular Windows
KINDS: Q: What is a regular window? 108
A: It is a bigger window than the restricted window.
1. Easement of light otherwise called as jus luminum- the
right to admit light from the neighboring estate by virtue of Q: What are the proper distances that must be followed in
the opening of a window or certain openings. opening a regular window?
2. Easement of view otherwise called as jus prospectus -the A:
right to make openings or windows to enjoy the view 1. For windows having direct views,atleast 2 meters between
through the estate of another and to prevent all the wall having the windows and the boundary line;
constructions or works which would obstruct such view or 2. For windows having side or oblique views,atleast 60
make the same difficult. centimeters between the nearest edge of the window and
the boundary line.(Art.670)
WHEN EASEMENT OF LIGHT AND VIEW IS POSITIVE Note:It is permissible to build even up to the boundary line,provided
AND NEGATIVE no regular windows are opened.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Q: What is the remedy of the land owner if the distance was notice is to enable the adjoining owner to make proper
not complied with? precautions. 109
A: The law provides that he may demand uprooting even if
the trees have grown spontaneously. (Art.679,NCC) VOLUNTARY EASEMENTS
This kind of easement is created by will of the parties.
4. If the branches of any tree should extend over a
neighboring estate, tenement, garden or yard, the owner of RULES:
the latter shall have the right to demand that they be cut- 1. Every owner of a tenement or piece of land may establish
off. However, if it be the roots of a neighboring tree which thereon the easements which he may deem suitable, and in
should penetrate into the land of another, the latter may the manner and form which he may deem
cut them off himself within his property. best.(Art.688,NCC)
5. Fruits naturally falling upon adjacent land belong to the Q: What are the limitations if any?
owner of said land. A: It should not be contrary to the following:
Q: Who own the fruits still hanging on the trees? 1. law;
A: Tree owner, however if they have naturally fallen to the 2. Public Policy;
adjoining land, they now belongs to the owner of the 3. Public order.
invaded land.
Note:Only the owner or someone else in the name of and with
EASEMENT AGAINST NUISANCE authority of the owner may establish a real voluntary easement.In
This prohibits the proprietor or possessor of every building personal easement,any person with legal capacity may acquire the
easement in his favor.
from committing nuisance through noise,jarring, offensive
odor,smoke,heat,dust,water,glare and other causes.
2. The owner of a thing, the usufruct of which belongs to
another, may impose thereon, without the consent of the
Q: Who is servient in an easement against nuisance?
usufructuary, any servitudes which will not injure the right
A: The proprietor or owner of a building or piece of land who
of usufruct. (Art.689,NCC)
commits nuisance through the above mentioned
prohibitions.in another sense,the servient estate is the land
Q: Suppose the owner of a land or tenement established a
itself or the building since easement is inherent in every
voluntary easement without the consent of the
land or building.
usufructuary, is there any liability if any?
Q: Who is the dominant in an easement against nuisance?
A: Yes,he would be made liable for damages if the servitude
A: The general public or anybody injured by the nuisance.
injures right of the usufructuary.
Q: What are the limitations in the establishment of a factory in
3. Whenever the naked ownership belongs to one person and
the neighborhood?
the beneficial ownership to another, no perpetual voluntary
A: There must be least possible annoyance to the
easement may be established thereon without the consent
neighborhood aside from zoning, health, police and other
of both owners. (Art.690,NCC)
laws and regulations.(Art.683, NCC)
4. Consent of all co-owners is required to impose an easement
LATERAL AND SUBJACENT SUPPORT
on an undivided tenement.(Art.691,NCC)
Q: What is lateral support?
A: The support is lateral if both the land being supported and
Q: What if some but not all had given their consent?
the supporting land are on the same plane.
A: The consent must be held in abeyance until all of the co-
owners shall have expressed their conformity.
Q: What is a subjacent support?
Q: What if the consent by one co-owner is given separately
A: The support is subjacent if the supported land is above the
from the others?
supporting land.
A: The consent shall bind the grantor and his successors not
to prevent the exercise of the right given.(Art.691,NCC)
RULES: Note:unanimous consent is required and once consent is given,it cannot
1. No proprietor shall make excavations upon his land as to be revoke except if the consent is vitiated.
deprive any adjacent land or building of sufficient lateral or
subjacent support. (Art.684,NCC) 5. The title and in proper case,the possession of an easement
Q: What is the remedy if the prohibition is violated? acquired by prescription shall determine the rights of the
A: Injunction and damages. dominant estate and the obligation of the servient
estate.(Art.692,NCC)
Q: What is the status of a testamentary provision allowing
excavations that cause danger to an adjacent land or Q: In default of title and possession,what shall apply?
building? A: The applicable provision of the Civil Code because the law
A: The law provides that testamentary provision allowing provides that Civil Code shall have a suppletory
dangerous excavation is null and void. (Art.685, NCC).The application.(Art.692,NCC)
purpose is to protect the safety of the public.
6. If the owner of the servient estate should have bound
2. The legal easement of lateral and subjacent support is not himself upon the establishment of easement to bear the
only for buildings standing at the time of excavation but cost of the work for use and preservation,he may renounce
also for construction that may be erected.(Art.686,NCC) his property in favor of the dominant estate to free himself
from the obligation.(Art.693,NCC)
3. Any proprietor intending to make excavation shall notify all
owners of the adjacent land.(Art.687,NCC).The purpose of
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Q: Should the renunciation cover the whole property? Chung,2009 )
A: I qualify: 110
If the servitude is on the whole property, the whole OTHER CAUSES OF EXTINGUISHMENT OF EASEMENT
property must be renounced, however if the servitude NOT EXPRESSLY MENTIONED IN THE CIVIL CODE:
affects only part of the estate then only that part affected 1. Expropriation of the servient estate;
by the servitude shall be renounced. 2. Permanent impossibility to make use of the
easement;
Q: How is renunciation effected? 3. Annulment,rescission,or cancellation of title that
A: The renunciation must comply with the proper juridical constituted the easement;
form for the transmission of ownership of real property. 4. Abandonment of the servient estate;This
extinguishes the easement because ownership is
MODES OF EXTINGUISHMENT OF EASEMENT transferred to the dominant owner, who now owns
both properties.
1. By merger in the same person of the ownership of 5. Resolution of the right of the grantor to create the
the dominant and servient estates; easement such as when there there redemption of
the property sold a retro because of the exercise of
Q: What are the requirements? conventional redemption.
A:
A. Must be absolute referring to absolute ownership;
B: Must be perfect referring to merger not subject to any
condition;
C. Must not be merely temporary otherwise, there is at
most a suspension of the easement, but no
extinguishment.
2. By nonuser for ten years;
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
C. According to scope of injurious effects:
TITLE VIII - NUISANCE
111
1. Public one that affects a community or neighborhood or
Q: What is a nuisance? any considerable number of persons although the extent of
A: A nuisance is any act, omission, establishment, business, annoyance,annoyance,injury or damage upon individuals
condition of property, or anything else which: may be unequal.(Art.695,NCC)
1. Injures or endangers the health or safety of others; 2. Private one not included in the definition of a public
2. Annoys or offends the senses; nuisance.(Art.695,NCC)
3. Shocks, defies or disregards decency or morality; It may be defined as one which violates only private rights
4. Obstructs or interferes with the free passage of any public and produces damages to but one or a few specific
highway or street, or any body of water; or persons.
5. Hinders or impairs the use of property. 3. Attractive Nuisance
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Q: Can the transferee be held liable if he cannot physically Q: How may aa private person abate a public nuisance:
abate the nuisance without legal action A: 112
A: No. He shall not be liable for such nuisance. 1. By removing it;or
2. destroying the thing doing unnecessary injury or breach of
REMEDIES peace.
B.Remedies for Private Nuisance:
A. Remedies for Public Nuisance: 1. Civil action; or
1. A prosecution under the Penal Code or any local ordinance: 2. Extrajudicial abatement.
2. A civil action; or Note: Same rules in extrajudicial abatement of a public nuisance.
3. Abatement without judicial proceeding
Q: What are the defenses available?
Q: What are the requisites of extrajudicial abatement? A:
A: 1. non-existence of nuisance
a. It must be reasonably and efficiently exercised; 2. Impossibility of abatement
b. Means employed must not be unduly oppressive on
individuals, Q: When may a private person or public official extrajudicially
c. There must be no more injury to be done to the property or abating a nuisance liable for damages:
rights of individuals than is necessary to accomplish the A:
abatement,and 1. If he causes unnecessary injury; or
d. No right to compensation even if property is taken or 2. If an alleged nuisance is later declared by the courts to be
destroyed. not a real nuisance.
Q: May a construction in a public plaza by a private person be C. Remedies of the property owner
abated summarily by the municipality? 1. Court action to determine if the act really constitute a
A: Yes. The abatement of a public nuisance is necessary nuisance;
pursuant to the complaint which alleges factual 2 An action for replevin;
circumstances calling for abatement of nuisance.In such a 3. To enjoin the sale or destruction of the property;
case, a public plaza is outside the commerce of man and 3. An action for the proceeds of its sale and damages if it has
construction thereon can be abated summarily by the been sold; or
municipality.(Tamin v. CA,1992) 4. To enjoin private parties from proceeding to abate a
Note: The above remedies can be simultaneously pursued. supposed nuisance.
1. The district health officer shall take care that one or all of TITLE IX- REGISTRY OF
the remedies against a public nuisance are availed PROPERTY
of.(Art.700,NCC)
Note: In one case it is the city engineer because he is the It has for its object the inscription or annotation of the acts
proper officer in so far as illegal constructions of houses or and contracts relating to ownership and other rights over
construction in a public street is concerned. immovable.
2. If a civil action is brought by reason of the maintenance of
a public nuisance, such action shall be commenced by the Purpose of Registration:
city or municipal mayor. (Art.701,NCC) 1. To give notice to the true status of the real property and
3. The district health officer shall determine whether or not real rights thereto;
abatement, without judicial proceedings, is the best remedy 2. To affect third persons;
against a public nuisance.(Art.702,NCC) 3. To record acts and contracts involving modifications and
transmissions of ownership and other real rights over real
Q: When may a private person sue on account of a public properties.
nuisance? 4. To prevent commission of frauds, thus insuring the
A: Yes.If the public nuisance is especially injurious to effectivity of real rights over the real property.
him.(Art.703,NCC)
Q: Are the books in the Registry of property considered as
Q: In case he opted for extrajudicial abatement, what are the public?
requisites ? A: Yes. The law provides that such books are considered as
A: public for those who have known interest in ascertaining
1. That demand be first made upon the owner or possessor of the status of the immovables or real rights annotated or
the property to abate the nuisance; inscribed therein. (Art.710, NCC)
2. That such demand has been rejected; Q: Is the duty of the Register of Deeds discretionary in issuing
3. That the abatement be approved by the district health a title pursuant to a court order?
officer and executed with the assistance of the local police; A: No. It is a ministerial function of the Register of Deeds to
and comply with the decision of the court to issue a title and
4. That the value of the destruction does not exceed P3000 register a property in the name of certain person especially
when the decision attained finality. (Toledo-Banaga
v.CA,1999)
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DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
DIFFERENT MODES OF ACQUIRING OWNERSHIP
113
GENERAL PRINCIPLES Enforced against Enforced only against the
Enforceability the whole world. original debtor or his
Q: What is the definition of mode? transferee charged with
notice of the personal
A: Mode is the actual process of acquisition or transfer of
rights.
ownership over a thing in question. This is the proximate cause
The right The right survives if the
of acquisition. It is the legal means by which dominion or Modes of disappears if the subject matter disappears.
ownership is created, transferred or destroyed. Mode of Extinction subject matter Claim for damages may
acquiring ownership and other real rights is the specific cause disappears. still be pursued.
which gives rise to them as a result of the concurrence of a Limited by There is no limitation.
special condition of things, of the capacity and intention of Limit usefulness, value
persons, and of compliance with the requisites prescribed by or productivity of
law. the thing.
Real Right Personal Right Q: What is meant by original and derivative modes of acquiring
Parties The active Both active (creditor) and
ownership? Give some examples of each.
subject is a passive (debtor) subjects
definite person, are definite persons. A: The mode of acquiring ownership is original if the
while the passive ownership is created for the first time in the person of an
subject is the individual who has no predecessor with respect to the title,
whole world and it is derivative if the ownership is merely transferred from
Subject Matter Generally It is always incorporeal or one individual to another. Examples of original modes are
corporeal or intangible. Object covers occupation, acquisitive prescription and intellectual creation;
tangible. Object is all the present and future for derivative modes, examples of which are tradition,
specific property property of the debtor. succession and donation.
of thing
Creation Created by both Created merely by title-
title and mode; save when the title is also Q: What are the modes of losing ownership and their
and directly the mode as in succession. classifications?
created over a It is not directly created A: The modes of losing ownership are classified as voluntary
thing. over the thing. It is and involuntary modes. The voluntary modes are those modes
exercised through another which depend upon the will of the owner and they are the
against whom the action is following:
to be brought.
1. Abandonment; and
Nature of Produces action Produces action in
action which in rem. personam. 2. Alienation.
they produce
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SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
On the other hand, the involuntary modes are those which are e.) Execution of Public Instrument: This gives
independent of the will of the owner and they are the rise to a prima facie presumption of delivery. 114
following: Such presumption is destroyed when the
instrument itself expresses or implies that
1. The destruction of the thing, which may either be delivery was not intended; or when by other
physical or juridical as when the thing goes out means it is shown that such delivery was not
of commerce; affected, because a third person was actually
2. Revocatory acts, which may include the nullity, in possession of the thing.
rescission, revocation or resolution of that which 3. Quasi-tradition: Used to indicate the transfer of
gave rise to the acquisition; rights or incorporeal things through the exercise
3. Extinguishment by legal precept and in virtue of of the rights by the grantee with the
certain acts, by the owner or third persons (e.g., acquiescence of the grantor.
accession and acquisitive prescription); 4. Tradicion por ministerio de la ley or Tradition by
4. Extinguishment by judicial decree, such as Operation of Law: Compromises all those cases
confirmation of a judicial sale as a result of levy not covered by the previous modes of delivery
on execution; and and by which tradition is effected solely by virtue
5. Extinguishment by act of the State, such as of a legal precept.
confiscation of the effects and instruments of a
crime and expropriation for public use. Q: May an ownership be transferred by a contract?
Q: What is law as mode of acquisition of ownership? A: No, ownership is transferred, not by contract alone, but by
A: It refers to those special legal provisions which directly vest tradition or delivery. Contracts, under our laws, only constitute
ownership or real rights in favor of certain persons, titles or rights to transfer or acquisition of ownership, while
independently of the other modes of acquiring and delivery or tradition is the mode of accomplishing the same.
transmitting ownership or other real rights. (San Lorenzo Devt Corp. vs. Ca, 2005)
Q: In order that there is a valid tradition, what are the Note: Ownership of land cannot be acquired by occupation.
requisites required? (Art. 714, NCC) When the land is without owner, it pertains to
A: The requisites that must be present to have a valid the State pursuant to the Regalian Doctrine.
tradition are the following:
a.) Pre-existence of the right to be transmitted in Q: Can the State claim ownership over an abandoned private
the estate of the grantor, the same being a land?
derivative mode of acquiring ownership; A: There is no law which categorically provides that such land
b.) Just cause or title (causa traditionis) for the becomes the property of the State. Since Art. 714 makes no
transmission, such as sale; distinction between land which never had an owner and a land
c.) Intention on the part of the grantor to grant originally with an owner but later abandoned, it would seem
and on the part of the grantee to acquire; that the land cannot be acquired by occupation. However,
d.) Capacity to transmit on the part of the grantor there are Civil Law authorities who are of the view that such
and capacity to acquire on the part of the interpretation would result in the absurd situation of an
grantee; and abandoned remaining perpetually res nullius and not capable
e.) An act which gives it outward form, physically, of being acquired by prescription. Thus, it is submitted that the
symbolically or legally. abandoned land becomes patrimonial land of the State
susceptible of acquisition thru acquisitive prescription. (PARAS,
Q: What are the different kinds of tradition? Civil Code, 786)
A: The different kinds of tradition are the following:
1. Real Tradition: The actual delivery of the thing. Q: What are the requisites of occupation?
2. Constructive Tradition A: The requisites of occupation as a mode of acquiring
a.) Traditio Symbolica: The parties make use of ownership are the following:
a token or symbol to represent the thing 1. The thing seized must be corporeal personal
delivered. property;
b.) Traditio Longa Manu: This is made by mere 2. The thing must be susceptible of appropriation by
consent of the parties if the thing sold nature;
cannot be transferred to the possession of 3. Requisites laid down by law must be complied
the vendee at the time of the sale. with;
c.) Traditio Brevi Manu: This is the instance 4. There must be an intention to appropriate;
when the vendee already has possession of 5. There must be a seizure of a thing; and
the thing sold by virtue of another title. 6. The thing must be without an owner.
d.) Traditio Constitutum Possessorium: The
vendor continues in possession of the thing Note: Material holding is not essential as long as the
sold not as owner but in some other possessor considers the thing as subjected to his control or
capacity. disposition.
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DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Q: What are the things susceptible of ownership by occupation Q: After finding a lost movable, is the finder automatically
and the rules that govern such ownership? made the owner? 115
A: The things that may be owned by occupation and rules A: No. Whoever finds a movable, which is not treasure, must
concerning each are the following: return it to its previous possessor. If the owner is unknown,
As to animals: the finder shall immediately deposit it with the mayor of the
1. Wild or feral animals : Seizure through city or municipality where the finding has taken place. The
hunting/fishing in open season by means not finding shall be publicly announced by the mayor for two
prohibited; consecutive weeks in the way he deems best.
2. Tamed or domesticated animals: The general
rule is that the animals would belong to the If the movable cannot be kept without deterioration,
tamer, but upon recovering freedom, these or without expenses which considerably diminish its value, it
shall be sold at a public auction eight days after the
animals are susceptible to occupation unless
publication.
claimed within 20 days from seizure by
another; Six months from the publication having elapsed
3. Tame or domestic animals: These animals are without the owner having appeared, the thing found, or its
not acquired by occupation except when value, shall be awarded to the finder. The finder and the
abandoned. owner shall be obliged, as the case may be, to reimburse the
expenses. If the owner should appear in time, he shall be
As to other Personal Properties: obliged to pay, as a reward to the finder, one-tenth of the sum
1. Abandoned: May be acquired; or of the price of the thing found.
2. Lost;
3. Hidden treasure: The finder gets by Note: Theft is committed by the finder is he fails to return or
occupation; the landowner gets by deliver the thing to the owner or to the local authorities. One
accession; EXCEPT in CPG system, share goes who buys the property knowing that he is buying lost property
to the partnership. has the duty to return although he is not the finder.
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DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
The physical object is owned by the person to whom it is Q: What are the things that may be donated?
addressed and delivered (the recipient) but the ideas or A: All present property or part thereof of the donor provided 116
thoughts contained in the letter (the contents) are owned by that:
the author or writer (the sender). Thus, the consent of the 1. he reserves, in full ownership or usufruct, sufficient
sender or author is needed in case of publication or means for support of himself and all relatives entitled
dissemination of the letter. (Art. 723, NCC) In addition, the to be supported by donor at the time of acceptance;
copyright also belongs to the author or sender. (Sec. 178.6, RA 2. no person may give or receive by way of donation,
8293) However, the court may authorize the publication or more than he may give or receive by will (Art. 752,
dissemination of a letter or other private communications if the NCC);
public good or interest of justice so requires. (Art. 723, NCC) 3. he reserves property sufficient to pay donors debts
contracted before donation, otherwise, donation is in
fraud of creditors (Art. 759, NCC); and
DONATION, AS A MODE OF ACQUIRING OWNERSHIP 4. If donation exceeds the disposable or free portion of
his estate, the donation is inofficious.
Q: What is donation?
A: it is an act of liberality where a person disposes gratuitously However, donations provided for in marriage
of a thing or a right in favour of another who accepts it. (Art. settlements between future spouses must not be more
725, NCC) In addition, the following maybe considered as an than 1/5 of present property; and in case of donation
act of donation: propter nuptias by an ascendant consisting of jewelry,
1. When a person gives to another a thing or right furniture or clothing, such donation shall not to exceed
on account of the latter's merits or of the 1/10 of disposable portion.
services rendered by him to the donor, provided
they do not constitute a demandable debt; and Q: What are the things that may not be donated?
2. When the gift imposes upon the donee a burden A: Donations cannot comprehend future property. Future
that is less than the value of the thing given. property is understood anything which the donor cannot
dispose of at the time of the donation.
Q: What are the characteristics of donation?
A: Donation is unilateral and consensual. It is unilateral since Donations are classified as follows:
the obligation is only upon the donor and it is consensual since I. As to Effectivity:
donation is perfected only at the time the donor knows of the 1. Inter vivos: Donation which shall take effect
acceptance of the done. during the lifetime of the donor, though the
property shall not be delivered till after the
Q: What are the requisites for a valid donation?
donor's death.
A: The requisites are the following:
1. Donor must have capacity to make the donation 2. Mortis causa; and
at the time of the perfection of the contract; 3. Propter nuptias.
2. He must have donative intent (animus donandi);
3. Form as prescribed by law; Whether the donation is inter vivos or mortis causa depends
4. There must be delivery; and on whether the donor intended to transfer ownership over the
5. Donne must accept or consent to the donation properties upon the execution of the deed (Gestopa v. CA
2002).
Donation is perfected once the acceptance of the donation is
made known to the donor. Accordingly, ownership will only The title to a Deed of Donation is not the determinative factor
revert to the donor if the resolutory condition is not fulfilled. which makes the donation inter vivos or mortis causa.
(Quijada v. CA, 1998) Whether a donation is inter vivos or mortis causa depends
upon the nature of the disposition made (Reyes vs. Mosqueda,
Donation is valid even if the person has schizophrenia. A 1990).
person suffering from such sickness is presumed capable of
attending to his property rights. There is no total loss of Note: In case of doubt, the conveyance should be deemed
control of his mental facilities. (Catalan v. Basa, 2007) donation mortis causa in order to avoid uncertainty as to the
ownership (Puig vs. Peaflorida, 1966). The legal principle that
In one case, the court held that there was no donation since in case of doubt as to gratuitous contracts, construction must
there was no animus donandi when the mother (an American effect the least transmission of rights and interests (Art.
citizen) executed the deeds of quitclaim over his son (also an 1378, NCC).
American citizen). The court noted that the mother merely
contemplated a waiver of her rights, title and interest over the Q: Is the nature of donation inter vivos destroyed by the
subject lands in favor of his son, and not a donation. The imposition of a suspensive condition or the fixing of an event
intention of the mother was the preservation of the realty which may take place beyond the natural expectation of life of
within the bloodline of the deceased husband (a former Filipino the donor?
citizen but who died as a naturalized American citizen) from A: No, imposition of such conditions does not destroy the
where the property originated, over and above the benefit that nature of the act as a donation inter vivos, unless a contrary
would accrue to the son by reason of her renunciation. intention appears. The reason provided for by law is that the
According to the Court, the element of animus donandi fulfilment of the suspensive condition is retroactive to the
therefore was missing (Aballo vs.CIR, 2005). making of the donation (Art. 1187, NCC).
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SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Q: Is a donation made with a resolutory condition of the INTER VIVOS VS. MORTIS CAUSA
donors survival considered a donation inter vivos? 117
A: Yes. When a person donates something, subject to the Inter vivos Mortis causa
resolutory condition of the donors survival, there is a donation As to formalities
inter vivos (Art. 731, NCC). Executed and accepted Must be in the form of a will, with all
Note: Automatic reversion upon the happening of the with formalities the formalities for the validity of wills.
prescribed by Arts. 748
resolutory condition is valid (De Luna vs. Abrigo, 1990).
and 749 of the code.
However, where one of the parties contests or denies the
As to effectivity
rescission, only the final word of the court of competent Effective during the Effective after the death of the donor.
jurisdiction can conclusively settle whether resolution is proper lifetime of the donor.
of not (UP vs. De Los Angeles, 1970) As to the intention of making donation
Made out of donors pure Made in contemplation of his death
Art. 729 speak of donations in praesenti which take effect generosity. without the intention to lose the thing
during the lifetime of the donor but the property shall be or its free disposal in case of survival.
delivered only after the donors death. Such donations are inter As to acceptance
vivos although the subject matter is not delivered at once, or Acceptance must be Acceptance must be made after the
the delivery is to be made post mortem, which is a simple made during the lifetime death of the donor, the donation being
matter of form and does not change the nature of the act (Vita of the donor. effective only after the death of donor.
Acceptance during the donors lifetime is
vs. Montanano, 1991)
premature and ineffective because there
can be no contract regarding future
Q: What are the instances when there are donations inter inheritance.
vivos?
A: The following instances are considered donations inter to transfer of ownership for right of disposition
vivos: Ownership is immediately Upon acceptance by the donee, but the
1. A donation where the causes of revocation have transferred. Delivery of effect of such retroacts to the time of
been specified. possession is allowed death of the donor.
2. A donation where the donor warrants the title to after death.
the thing which he is donating. There would be As to revocation
no need of warranty were he not be transferring Irrevocable may be Revocable upon the exclusive will of the
the title. revoked only for the donor.
reasons provided in CC
3. A donation where the donor reserved for himself
760, 764, 765.
a lifetime usufruct of the property, for if he were As to reduction or suppression
still the owner, there would be no need of such When it is excessive or When it is excessive or inofficious, it is
reservation. inofficious, being reduced first, or even suppressed.
4. Where the donor immediately transferred the preferred, it is reduced
ownership, possession, and administration of the only after the donations
property to the done, but stipulated that the right mortis causa had been
of the donee to harvest and alienate the fruits reduced or exhausted.
would begin after the donors death. However, if As to its tax implication
what had been transferred in the meantime was Subject to donors tax. Subject to estate tax
only the administration of the property, the
donation is mortis causa. Note: The nature of the act, whether its one of disposition or
5. Where the donor stated that while he is alive he of execution, is controlling to determine whether the donation
would not dispose of the property or take away is mortis causa or inter vivos. In addition, what is important is
the land because the land is being reserved to the time of transfer of ownership even if transfer of property
the done upon the donors death. donated may be subject to a condition or a term.
6. One where the possession of the property is
reserved to the donor until his death.
Q: What are the instances when there are donations mortis
causa?
A: The following instances are considered donations mortis
causa:
1. One where the registration of the deed before the
donors death is prohibited.
2. Donation which will take effect and pass title only by
and because of death.
3. If the donor retains full and naked ownership and
control over the property while he is still alive.
4. One where properties will be delivered after donors
death.
5. Where the right to dispose and enjoy is reserved by
the donor.
6. Donations which make no actual conveyance before
the donors death.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
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CIVIL LAW I REVIEWER
When the donor used the words that the gift "does not pass acceptance, hence the donation is already
title during my lifetime; but when I die, she shall be the true perfected (Laureta v. Mata, 1923); or 118
owner of the two aforementioned parcels" the donor meant (b) In another public instrument notified to
the donor in authentic form and noted in
nothing else than that she reserved of herself the possession
both deeds.
and usufruct of said two parcels of land until her death, at Exceptions:
which time the donee would be able to dispose of them freely In donations propter nuptias, there is no
(Villanueva vs. Spouses Branoco, 2011). need for express acceptance; and
In onerous donation, its form is governed by
II. As to Perfection/Extinguishment: the rules of contracts.
1. Pure-donation is without conditions or periods;
2. Conditional-donation is subject to suspensive or Note: There must be proof of that formal notice of such
resolutory conditions; and acceptance was received by the donor. If a real property is
3. With a term. involved, noted in both deed of donation and separate
instrument (Lazago v. CA, 1998).
III. As to Consideration:
1. Simple - made out of pure liberality or because of A donation of immovable property to be valid must be in a
the merits of the done; public instrument. However, even if void, it can be the basis of
2. Remuneratory - made for services already acquisitive prescription for as long as there is adverse
rendered to the donor; and possession in the concept of an owner (Bautista vs. Poblete,
3. Onerous - imposes a burden inferior in value to 2005).
property donated.
a. Improper - burden equal in value to The donation is null and void when (a) the deed of donation
property donated fails to show the acceptance, or (b) where the formal notice of
b. Sub-modo or modal - imposes a the acceptance made in a separate instrument is either not
prestation upon donee as to how given to the donor or else noted in the deed of donation, and
property donated will be applied. in the separate acceptance (Republic v. Guzman, 2000).
c. Mixed donations e.g. sale for price lower
than value of property. Q: When shall acceptance be made?
A: In case of donation inter vivos, acceptance must be made
Note: Illegal or impossible conditions in simple and during the lifetime of the donor and the done (Art. 746, NCC).
remunatory donations shall be considered as not imposed (Art. However, in case of donation mortis causa, acceptance is
727, NCC). Only such conditions are disregarded, but the made only after the donors death because they partake of the
donation itself remains valid. nature of a will and thus governed by the rules on succession
(Art. 728, NCC).
Donations with onerous cause are governed not by the law on
donations but by the rules on contracts. Hence, on the matter Q: Who shall make the acceptance?
of prescription of actions for the revocation of onerous A: The done must accept personally or through an authorized
donation, it was held that the general rules on prescription person with special power for the purpose (Art. 745, NCC).
applies (De Luna vs. Abrigo, 1990).
Q: Are donations, once accepted, irreversible?
A stipulation in the donation that it was made for and in A:
consideration of the love and affection which the donnee General Rule:
inspires in the donor, and as an act of liberality and Yes. Donations are irrevocable.
generosity is sufficient cause for a donation (Quilala vs. Exception:
Alcantara, 2001). When either of the following grounds is present:
1. Subsequent birth of the donors children;
Q: What are the formalities required in making or accepting 2. Donors failure to comply with imposed
donations? conditions;
A: The formalities required in making or accepting donations 3. Donees ingratitude; or
are as follows: 4. Reduction of donation by reason of
As to Movable properties: (Art. 748, NCC) inofficiousness.
1.) The donation of a movable may be made orally or
in writing. Qualifications of Donors and Donees
2.) Oral donation: requires the simultaneous delivery
of the thing or of the document representing the right Q: Who may give donations?
donated. A: All persons who may contract and dispose of their property
3.) If the value of the movable donated exceeds may make a donation. (Art. 735, NCC)
P5,000, the donation and the acceptance should be in
writing, otherwise, the donation is void. Note: Donors capacity shall be determined as of the time of
the making of the donation. (Art. 737, NCC) Subsequent
As to Immovable properties: (Art. 749, NCC) incapacity is immaterial. The capacity to donate is required for
1.) Must be made in a public instrument specifying donations inter vivos and not in donations mortis causa.
the donated property and the burdens assumed by
the donee. Applying Art. 732, donations inter vivos made by
2.) The acceptance must be either: incapacitated donors are merely voidable. Same rule applies
(a) In the same instrument in which case where consent is vitiated (Paras, Civil Code, 894).
there is already knowledge of the
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SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Q: Are guardians and trustees prohibited to alienate properties according to law, there is no obligation to make
entrusted to them? an accusation; 119
A: 5. Any person convicted of adultery or concubinage
General Rule: with the spouse of the testator;
Yes, guardians and trustees are prohibited to alienate 6. Any person who by fraud, violence, intimidation,
properties entrusted to them. or undue influence should cause the testator to
make a will or to change one already made;
Exceptions: 7. Any person who by the same means prevents
1. The prohibition is applicable only in case of another from making a will, or from revoking one
simple donation, but not where the donation is already made, or who supplants, conceals, or
onerous, and is beneficial to the beneficiary. alters the latters will;
2. Trustees who have repudiated the trust and have 8. Any person who falsifies or forges a supposed
acquired the properties by prescription, are will of the decedent. (Art. 1032, NCC)
allowed to donate said properties.
III.) By reason of the donees unworthiness as
Q: Who may receive donations? provided for under Article 1027 except (4):
A: The following may receive donations: 1. The priest who heard the confession of the
1. All who are not specially disqualified by law. (Art. testator during his last illness, or the minister of
738, NCC) the gospel who extended spiritual aid to him
2. Minors and others who cannot enter into a during the same period;
contract. However, the acceptance may be made 2. The relatives of such priest or minister of the
through their parents or legal representatives. gospel within the fourth degree, the church,
(Art. 741, NCC) order, chapter, community, organization, or
3. Donations made to conceived and unborn institution to which such priest or minister may
children: those who would legally represent them belong;
if they were already born may accept the 3. A guardian with respect to testamentary
donations. (Art. 737. NCC) dispositions given by a ward in his favor before
the final accounts of the guardianship have been
In essence, a life insurance policy is no different from a civil approved, even if the testator should die after
donation insofar as the beneficiary is concerned. Both are the approval thereof; nevertheless, any provision
founded upon the same consideration: liberality. A beneficiary made by the ward in favor of the guardian when
the latter is his ascendant, descendant, brother,
is like a donee, because from the premiums of the policy which
sister, or spouse, shall be valid;
the insured pays out of liberality, the beneficiary will receive 4. Any physician, surgeon, nurse, health officer or
the proceeds or profits of said insurance (Insular Life v. druggist who took care of the testator during his
Ebrado, 1977). last illness; or
5. Individuals, associations and corporations not
Q: Who may not give or receive donations? permitted by law to inherit.
A:
I.) By reason of public policy, the following may not IV.) By reason of prejudice to creditors or heirs
give or receive donations: (voidable)
1. Those made between persons guilty of adultery
or concubinage at the time of the donation; Note: Under the Family Code, every donation between spouses during
2. Those made between persons guilty of the same the marriage shall be void except moderate gifts on the occasion of
criminal offense if the donation is made in family rejoicing (Art. 125, FC). The prohibition also applies to persons
living together as husband and wife without a valid marriage, or in
consideration thereof; or
illicit realation (Art. 87, FC). Also, to donations or promises to common
3. Those made to a public officer, his spouse, legitimate children exclusively for commencing or completing a
descendants, and/or ascendants by reason of the professional or vocational course or activity for self improvement (Art.
office. (Art. 739, NCC) 121, FC).
Note: Under the Corporation Code, every corporation has the power
II.) By reason of the donees unworthiness as and capacity, inter alia, to make reasonable donations, including those
provided for under Article 1032: for public welfare or for hospital, charitable, cultural, scientific, civic, or
1. Parents who have abandoned their children or similar purposes. However it cannot give donations in aid of any
political party or candidate or for purposes of partisan political activity
induced their daughters to lead a corrupt or
(Paras, Civil Code, 894)
immoral life, or attempted against their virtue;
2. Any person who has been convicted of an
Effects of Donation and Limitations
attempt against the life of the testator, his or her
In General
spouse, descendants, or ascendants;
3. Any person who has accused the testator of a
Q: What are the limitations on donation of property?
crime for which the law prescribes imprisonment
A: The following are the limitations in donating a property:
for six years or more, if the accusation has been
1. All of the present property of the donor, provided
found groundless;
that:
4. Any heir of full age who, having knowledge of
a.) If the donor has forced heirs, he cannot
the violent death of the testator, should fail to
give or receive by donation more than
report it to an officer of the law within a month,
what he can give or receive by will (Art.
unless the authorities have already taken action;
750, NCC); and
this prohibition shall not apply to cases wherein,
b.) If the donor has no forced heirs, the
donation may include all present
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properties provided he rederves in full 1. The donor may reserve the right to dispose of
ownership or in usufruct: some things donated, or of some amount, which 120
i. The amount sufficient to support shall be a charge thereon;
him and those relatives entitled 2. But if he should die without having made use of
to support from him (Art. 750, this right, the property or amount reserved shall
NCC); or belong to the donee.(Art. 755, NCC)
ii. Property sufficient to pay the
donors debt contracted prior the Q: May the donor donate the naked ownership to one donee
donation. and usufruct to another?
Note: Without such reservation, the donation shall be reduced A: Yes. The naked ownership and the usufruct may be
on petition of any persons affected. Donation is still valid. The donated separately, provided that all the donees are living at
limitation applies only to simple, remunerative, and modal the time of the donation. (Art. 756, NCC)
donations, but not to onerous ones, which are governed by the
law on contracts. Rules on Conventional reversion in favor of donor or
other person:
2. Donations cannot comprehend future property 1. If made in favor of the donor: Reversion may be
(Art. 751, NCC) for any case and circumstance.
3. Donations should not prejudice creditors (Art. 2. If made in favor of other persons: Such persons
759, NCC) must be living at the time of the donation.
3. If the rule is violated, the stipulation on reversion
Q: What are the effects of donations? is void but the donation is still valid. (Art. 757,
A: They are the following: NCC)
1. The donee may demand actual delivery of thing
donated; Rules on Payment of donors debt:
2. The donee is subrogated to the rights of the donor in 1. If expressly stipulated: the donee must pay only
the property donated(Art. 754 1st sentence, NCC);; the debts contracted before the donation unless
3. Donors warranty exists if: specified otherwise. But in no case shall the
a.) Expressed; donee be responsible for debts exceeding the
b.) Donation is propter nuptias; value of the property donated unless clearly
c.) Donation is onerous, thus if simple or intended.
remunerative, the donor is not liable for eviction 2. If theres no stipulation: the donee will be
or hidden defects; answerable only for the donors debt only in case
d.) Donor is in bad faith (Art. 754 2nd and 3rd the donation is in fraud of creditors. (Art. 758,
sentences, NCC). NCC)
4. In donation propter nuptias, the donor must release
the property donated from mortgages and other Rules on Illegal or Impossible Conditions:
encumbrances unless the contrary has been 1. Impossible conditions: those contrary to good
stipulated. customs or public policy and those prohibited by law
shall annul the obligation, which depends upon them.
Q: Are the donees in a donation made jointly among them 2. If the obligation is divisible, that part thereof which is
have the right of accretion? not affected by the impossible or unlawful condition
A: shall be valid.
General Rule: 3. The condition not to do an impossible thing shall be
No. They do not have the right of accretion (Art. 753, considered as not having been agreed upon. (Art.
NCC) 1183, NCC)
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DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
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CIVIL LAW I REVIEWER
a.) If the donor, after the donation, should have Grounds for Reduction
legitimate or legitimated or illegitimate children, 1.) Inofficiousness 121
even though they be posthumous; A donation where a person gives or receives more
b.) If the child of the donor, whom the latter than what he may give or receive by will is inofficious.
believed to be dead when he made the donation, (Art. 752, NCC)
should turn out to be living; or 1. Subsequent birth, reappearance of child or adoption
c.) If the donor subsequently adopt a minor child. of minor by donor.
Note: The donation shall be revoked or reduced insofar as it Effects of subsequent birth, reappearance or adoption:
exceeds the portion that may be freely disposed of by will, 1. A donation is valid if it does not exceed the free part
taking into account the whole estate of the donor at the time computed as of the birth, adoption or reappearance
of the birth, appearance or adoption of a child. of the child.
2. The donee must return the property or its value at
Rules on Inofficious Donations: the time of the donation.
1. The donation shall be reduced with regard to the 3. The fruits must be returned from the filing of the
excess. action.
2. But this reduction shall not prevent the donations 4. Mortgages by the donee are valid but may be
from taking effect during the life of the donor, nor discharged subject to reimbursement from the donee.
shall it bar the donee from appropriating the fruits.
3. Only those who, at the time of the donor's death, Q: What is the extent of revocation?
have a right to the legitime and their heirs and A: The revocation shall only to the extent of the presumptive
successors-in-interest may ask for the reduction or legitime of the child.
inofficious donations. Q: When shall the action based on subsequent birth,
4. If, there being two or more donations, the disposable reappearance of child or adoption of minor by donor
portion is not sufficient to cover all of them; those of prescribes?
the more recent date shall be suppressed or reduced A: The action under this ground shall prescribe after 4 years
with regard to the excess. from:
1. The birth of the first child; or
Rules on Donations Made in Fraud of Creditors 2. His legitimation, recognition or adoption; or
(Art. 759, NCC) 3. The judicial declaration of filiation; or
1. Donation is always presumed to be in fraud of 4. The time the information was received regarding the
creditors, when at the time thereof the donor did not existence of the child believed dead (De Leon,
reserve sufficient property to pay his debts prior to Property, 694-695).
the donation.
2. The donee shall be responsible therefore only when Grounds for Revocation
the donation has been made in fraud of creditors. 1. Failure to comply with any of the conditions imposed
by the donor upon the done;
Q: What are void donations? 2. For additional legitime for subsequent birth,
A: Void donations are those: reappearance or adoption;and
1. made between persons who were guilty of adultery or 3. Due to acts of ingratitude.
concubinage at the time of the donation;
2. made between persons found guilty of the same Since Article 1306 of said Code authorizes the parties to a
criminal offense, in consideration thereof; contract to establish such stipulations, . . . not contrary to law,
3. made to a public officer or his wife, descendants and . . . public order or public policy, we are of the opinion that, at
ascendants, by reason of his office; and
the very least, that stipulation of the parties providing for
4. made to persons incapacitated to succeed by will.
(Art. 739-740, 1027) automatic revocation of the deed of donation, without prior
judicial action for that purpose, is valid subject to the
Note: The spouse of the donor or donee may bring the action determination of the propriety of the rescission sought. Where
for declaration of nullity and the guilt of the donor and donee such propriety is sustained, the decision of the court will be
may be proved by preponderance of evidence in the same merely declaratory of the revocation, but it is not in itself the
action. revocatory act (Zamboanga v. Plagata, 2008).
REVOCATION V. REDUCTION
Q: What are the conditions referred to in Art. 764?
A: Condition shall refer to any obligation, charge, or burden
REVOCATION REDUCTION
imposed by the donor in his favour or that of another. It may
Total withdrawal of amount, Amount is only insofar as the
whether the legitime is legitime is prejudiced be resolutory but not suspensive, for non-fulfillment means the
impaired or not donation never became effective.
Benefits the donor Benefits the donors heirs (except
when made on the ground of the Note: Judicial intervention is not necessary since the rule is
appearance of a child) that there shall be automatic reversion or revocation. Except
where the done denies donors right to rescind.
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DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
2. If the property is sold, donated or mortgaged, the
alienation or encumbrance will be considered void, 122
unless the grantee be an innocent third party;
3. The action shall prescribe after 4 years from non-
compliance with the condition;
4. Said action may be transferred to the heirs of the
donor, and maybe exercised against the donees heirs
(Art. 764, NCC); and
5. Under Art. 768, the donee shall return not only the
property but also the fruits thereof which he may
have received after having failed to fulfil the
condition.
Exceptions:
1. Mortis causa;
2. Propter nuptias;
3. Onerous donations
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CIVIL LAW I REVIEWER
What may be donated If the donation so states, the Exception: when contrary
All present property of Limitation: donee may be obliged to pay the intention appears
the donor or part thereof (1) He reserves in full ownership or in debts previously contracted by 123
usufruct, sufficient means for his the donor and in no case shall he
support and for all relatives who are at be responsible for the debts
the time of the acceptance of the exceeding the value of the thing
donation are, by law, entitled to be donated (Art. 758, NCC)
supported What may be reserved by the donor
Effect of non-reservation: reduction Right to dispose of some of the If the donor dies without
of the donation things donated, or of some exercising this right
amount which shall be a charge
(2) He reserves sufficient property at thereon
the time of the donation for the full Reversion
settlement of his debts The property donated may be Limitation to (2): the third
Effect of non-reservation: considered restored or returned to person would be living at the
to be a donation in fraud of creditors, (1) Donor or his estate; or time of the donation
and donee may be liable for damages (2) Another person
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DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
PRESCRIPTION, AS A MODE OF ACQUIRING a.) Good faith of the possessor; and
OWNERSHIP b.) Proof of just title 124
Q: What is prescription as a mode of acquiring ownership? Note: For extraordinary prescription, only first 4 are required.
A: By prescription, one acquires ownership and other real rights The possession has to be in the concept of an owner, public,
through the lapse of time in the manner and under the peaceful, and uninterrupted.
conditions laid down by law. In the same way, rights and
conditions are lost by prescription. It is a means of acquiring ACQUISITIVE VS. EXTINCTIVE
ownership and other real rights or losing rights or actions to
enforce such rights through the lapse of time. Acquisitive Prescription Extinctive Prescription
As to requisites
Requires positive action of the Requires inaction of the owner
Q: What is the rationale behind prescription as a mode of
possessor (a claimant) who is not out of possession or neglect of
acquiring ownership? the one with a right to bring his
A: It is purely statutory in origin. It is founded on grounds of Owner action
public policy which requires for the peace of society, that As to the operative act
juridical relations susceptible of doubt and which may give rise Relationship between the One does not look to the act of
to disputes, be fixed and established after the lapse of a occupant and the land in terms of the possessor but to the neglect
determinate time so that ownership and other rights may be possession is capable of of the owner
certain for those who have claim in them. producing legal consequences; it
is the possessor who is the actor
Prescription is rightly regarded as a statute of repose whose As to applicability
object is to suppress fraudulent and stale claims. Our laws favor Applicable to ownership and Applicable to all kinds of rights,
other real rights whether real or personal
not property rights hanging in the air for an uncertain time
As to its legal effect
(Multi-Realty Dev. Corp vs. Makati Tuscany, 2006).
Vests the property and raise a Vests the property and raise a
new title in the occupant new title in the occupant
Results in the acquisition of Merely results in the loss of a
ownership or other real rights in real or personal right, or bars
Q: What are the different kinds of prescription? a person as well as the loss of the cause of action to enforce
A: The different kinds of prescription are as follows: said ownership or real rights in said right
1.) Acquisitive prescription: The acquisition of ownership another
and other real rights through possession of a thing in As a defense
the manner and condition provided by law. It may be Can be proven under the general Should be affirmatively pleaded
ordinary or extraordinary. issue without its being and proved to bar the action or
affirmatively pleaded claim of the adverse party
2.) Extinctive prescription: The loss or extinguishment of
property rights or actions through the possession by
another of a thing for the period provided by law or Q: Are there instances when prescription is not applicable?
through failure to bring the necessary action to enforce A: Yes, they are the following:
ones right within the period fixed by law. a.) The offender can never acquire, through
prescription, movable properties possessed
Q: What are ordinary and extraordinary acquisitive through a crime.
prescriptions? b.) No title to registered land in derogation of the title
A: Ordinary acquisitive prescription requires possession of of the registered owner shall be acquired by
things in good faith and with just title for the time fixed by law. prescription or adverse possession. (PD 1529)
On the other hand, extraordinary acquisitive prescription as
acquisition of ownership and other real rights is without need of Q: What are the rights not extinguished by prescription?
title or of good faith or any other condition. Under ordinary A: The following are not extinguished: (Art. 1143, NCC)
acquisitive prescription, a lapse of four (4) years for movable a.) To demand a right of way, regulated by NCC 649;
properties and ten (10) years for immovable properties entitles b.) To bring an action to abate a public or private
the possessor to own the thing, while under extraordinary nuisance.
acquisitive prescription, lapse of eight (8) years for movable c.) To demand partition of co-ownership;
properties and thirty (30) years for immovable properties is d.) To demand easement of light and view through
required. observance by servient owner of distances for
direct of oblique view;
Q: As a mode of acquisition, what are the requisites under e.) To declare the inexistence of contract or the
prescription? nullity of a void judgement;
A: f.) To compel a trustee to re-convey property
General Rule: registered in his name for the benefit of the cestui
The following are required: que trust;
a.) Capacity of the claimant to acquire by g.) To compel reconveyance of land registered in bad
prescription; faith provided it has not yet passed to an innocent
b.) A thing capable of acquisition by prescription; purchaser for value;
c.) Adverse possession of the thing under certain h.) To seek issuance of a writ of possession;
conditions; and i.) To probate a will; and
d.) Lapse of time provided by law. j.) Recovery by the State of non-registrable land.
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CIVIL LAW I REVIEWER
also remains in possession of the property, the prescriptive PRESCRIPTION VS. LACHES
period to recover title and possession of the property does not 125
run against him. In such a case, an action for reconveyance, if
nonetheless filed, should be in the nature of a suit for quieting PRESCRIPTION LACHES
of title, an action that is imprescriptible (Aguirre vs. Villanueva, As to what is considered
2007). Concerned with the fact of Concerned with the effect of delay
delay
Q: When is an action to quiet title imprescriptible? A question or a matter of Principally a question of inequity of
time permitting a claim to be enforced, this
A: When plaintiff is in possession of the property, the action to
inequity being founded on some
quiet title does not prescribe. The reason is that the owner of subsequent change in the condition or
the property or right may wait until his possession is disturbed the relation of the parties
or his title is assailed before taking steps to vindicate his right.
As to source
Q: What are the rules governing prescription as a matter of Statutory NOT statutory
defense? As to applicability
Applies at law Applies at equity
A: The burden of proof in raising prescription as a defense rests
As to availability
on the party laying claim on it. Failure to plead constitutes
Cannot be availed of Being a defense of
waiver of the defense and cannot be raised for the first time at unless it is especially equity, need not be specifically pleaded
the trial or on appeal. pleaded as an affirmative
allegation
General Rule: As to basis
The issue of prescription is one involving evidentiary matters Based on a fixed time NOT based on a fixed time
requiring a full-blown trial on the merits and cannot be
determined in a mere motion to dismiss. Q: Must a person have legal capacity to acquire property or
rights by prescription?
Exceptions: A:
1.) When the plaintiffs complaint on its face or the General Rule:
evidence he presented shows clearly that indeed the Yes. A person must have legal capacity to acquire
action has prescribed at the time it was filed. property or rights by the other legal modes in order
2.) If, before trial, a party has no means of knowing that that he may acquire the same by means of
opponents claim has already lapsed, prescription as a prescription.
defense may be pleaded later as soon as the true
nature of the claim is discovered. Exception:
Minors and other incapacitated persons may acquire
Q: What is Laches? property or rights by prescription, either personally or
A: It is the failure or neglect for an unreasonable and unexpired through their parents, guardians or legal
length of time, to do that which, by exercising due diligence, representative.
one could or should have done earlier.
Q: What are the objects of prescription?
Note: Laches is recourse in equity. Equity, however, is applied A:
only in the absence, never in contravention, of statutory law. General Rule:
Thus, laches, cannot, as a rule, be used to abate a collection All things within the commerce of men may be
suit filed within the prescriptive period mandated by the Civil acquired by prescription (Art. 1113, NCC).
Code (De Castro vs. CA, 2002).
Exceptions:
It applies even to imprescriptible actions. Its elements must be a.) Lands registered under the Torrens system (Sec.
proved positively. Laches is evidentiary in nature (Gochan vs. 47, P.D. 1529);
Heirs of Baba, 2005) b.) Properties of spouses, parents and children and
guardians and wards under certain conditions as
between themselves (Art. 1109, NCC); and
c.) Movables possessed through a crime (Art. 1133,
NCC).
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d.) Uninterrupted. c.) It must not prejudice the rights of creditors; and
When the possessor has never ceased to manifest d.) The person must have knowledge of the existence 126
with external acts his intention to exercise a right of the right.
over the thing, which presupposes that he has
never in fact ceased to exercise the right. Note: Notwithstanding the express or tacit renunciation by a
Possession is uninterrupted if there have been no person of a prescription already obtained, his creditors and all
acts of deprivation of enjoyment of the things by a other persons interested in making the prescription effective,
third person, or any other act which interrupts may still plead prescription for themselves to the extent of their
prescription. credit (Art. 1114, NCC).
Note: Interruption is distinct from discontinuity; the former is a Q: What are the kinds of interruption of possession?
positive act of third person, while the latter is a negative act or A: The kinds of interruption of possession are the following (Art.
abstention on the part of the possessor himself. 1120 to 1124):
a.) Natural: In this case, the old possession loses all
Against whom prescription Against whom prescription does its juridical effects, and even if the possession if
runs not run reacquired, the old possession cannot be tacked to
(Art. 1108, 1110; NCC)
the new possession for the purpose of
Minors and other incapacitated Minors and other incapacitated
persons who have parents, persons who do not have parents,
prescription.
guardians or other legal guardians or other legal b.) Civil: This is produced by judicial summons to the
representatives (Art. 1108, representatives (Art. 1108, NCC) possessor. In this case, there is unanimity
NCC) between the law and commentators in the view
Absentees who have Absentees who do not have that if the possession is recovered, it can be
administrators, either administrators, either appointed by connected to the time that has elapsed as if it
appointed by them before them before their appearance were in fact continuous, the period of interruption
their appearance or appointed by the courts (Art. is to be counted for the prescription.
or appointed by the courts 1108, NCC)
(Art. 1108, NCC)
Persons living abroad, who Persons living abroad, who have Q: What are the effects of interruption?
have managers or managers or administrators (Art. A: All benefits acquired so far from the possession cease. When
administrators (Art. 1108, 1108, NCC) the prescription runs again, it will be an entirely new one.
NCC)
Juridical persons including the State and its subdivisions only with Q: What is the difference between prescription and suspension?
state but only with regard to regards to properties of public A: In suspension, the past period is included in computation;
patrimonial property (Art. dominion (Art. 1108, NCC) old possession is tacked to the new, but not for interruption.
1108, NCC)
Married woman (Art. 1110, Between husband and wife during
Q: What is the effect of recognition by the possessor with
NCC) the marriage even though there be a
separation of property agreed upon regard to the right of the owner?
in the marriage settlements or by A: Any express or implied recognition or acknowledgement
judicial decree (Art. 1109, NCC) which the possessor may make with regard to the right of the
Between parents and children during owner will also interrupt the continuity of possession (Art. 1125,
the minority or insanity of the latter NCC).
(Art. 1109, NCC)
Between guardian and ward during Q: What are the requisites for a valid recognition by the
the continuance of the guardianship possessor?
(Art. 1109, NCC)
A: They are the following:
In favour of a co-owner or co-heir a.) Recognition must be made by the possessor
against his co-owners or co-heirs as himself, or if made by a third person, the
long as the co-ownership is recognition must be authorized or ratified by the
recognized (Art. 494, par. 5, NCC) possessor;
b.) Recognition must be valid and efficacious in law;
Note: Under the Constitution, an alien cannot acquire any land and
in the Philippines even by prescription (Art. XII, Sec. 3, par. 1, c.) Recognition must have been made before
Sec. 7, CONTS) prescription has already been obtained.
The rule that prescription does not run against the State does Note: When the act of recognition was obtained through
not apply to corporations created by the State for special violence, intimidation, fraud or any other cause which vitiates
purposes, it being said that when the title of the Republic has consent, it will not interrupt possession.
been divested, its grantees, although artificial bodies of its own Q: What is the concept of prescription of an action?
creation, are in the same category as ordinary persons (Shipside A: Prescription of action or limitation of action is the time within
Inc. vs. CA, 2001) which an action may be brought or some act done to preserve
the right. Actions prescribe by the mere lapse of time fixed by
Q: What are the requisites of renunciation of prescription? law (Art. 1139, NCC). It extinguishes the action. This right of
A: The renunciation of prescription is a unilateral act, and does prescription may be waived.
not require the acceptance of the person to be benefitted by it
(Art. 1112, NCC). Their requisites are the following: Note: Mere delay in the enforcement of a claim does not result
a.) The person renouncing must have capacity to in any reduction or loss of right, unless the full period required
alienate property because renunciation involves by law for prescription has expired. The obligation subsist until
the disposition of property; the owner of the right avails himself of prescription, the courts
b.) The renunciation must refer to prescription already of justice cannot supply the defense if the he himself does not
obtained; do so. However, it has been held that even if not pleaded, if it is
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apparent on the face of the complaint, it may be favorably The computation of the period of prescription of any cause or
considered, even after evidence is adduced. right of action, which is the same as saying prescription of the 127
action, should start from the date the cause of action accrues or
Q: What are the rules on prescription or limitation of actions to from the day the right of the plaintiff is violated. (Nabus v. CA,
recover movable properties? 1991)
A: The action prescribes in eight (8) years from the time the
possession thereof is lost (Art. 1140, NCC). However, the action 3. Actions that Prescribe in 6 Years (Art. 1145, NCC)
shall not prosper if it is brought after 4 years when the (a) Upon an oral contract;
possessor has already acquired title by ordinary acquisitive (b) Upon a quasi-contract.
prescription (Art. 1132, NCC). If the possessor acquired the
movable in good faith at a public sale, the owner cannot obtain 4. Actions that Prescribe in 4 Years (Art. 1145, NCC)
its return without reimbursing the price paid. (a) Upon an injury to the rights of the plaintiff
(b) Upon a quasi-delict
Q: What are the rules on prescription or limitation of actions to
recover immovable properties? Note: But when the action arises from any act of any public
A: Real actions prescribe after 30 years (Art. 1141, NCC), unless officer involving the exercise of powers arising from Martial Law
the possessor has acquired ownership of the immovable by including the arrest, detention and/or trial of the plaintiff, the
ordinary acquisitive prescription through possession of 10 years. same must be brought within 1 year.
(Art. 1134, NCC)
5. Actions that Prescribe in One Year or Less (Art. 1147,
For action for reconveyance, if it is based on fraud, it NCC)
prescribes after 4 years from the discovery of fraud but if it is (a) For forcible entry or unlawful detainer
based on implied or constructive trust, it prescribes in 10 years (b) For defamation
from the alleged fraudulent registration or date of issuance of
certificate of title over the property. 6. Other Actions that Prescribe in 1 Year under the Civil
Code
Note: Period of possession of public land before it became (a) To recover possession de facto [Art. 554 (4), NCC]
patrimonial is not counted for the purposes of completing the (b) To revoke a donation on the ground of ingratitude
prescriptive period (Heirs of Malabanan vs. Republic, 2009). (Art. 769, NCC)
(c) To rescind or recover damages if immovable is sold
Q: What are the rules on computation of period? with non-apparent burden or servitude [(Art. 1560
A: The rules are as follows: (3,4), NCC]
a.) The present possessor may complete the period (d) To enforce warranty of solvency in assignment
necessary for prescription by tacking his credits (Art. 629, NCC)
possession to that of his grantor or predecessor;
b.) It is presumed that the present possessor who 7. Where Periods of Other Actions Not Fixed in the Civil
was also the possessor at a previous time, has Code and in Other Laws.
continued to be in possession during the
intervening time, unless there is proof to the All other actions whose periods are not fixed in the Civil Code or
contrary; and in other laws must be brought within 5 years from the time the
c.) The first day shall be excluded and the last day right of action accrues. (Art. 1149, NCC)
included.
Q: When is prescription interrupted?
Q: How shall computation be done when possession begins in A: The prescription of actions is interrupted when:
good faith but is later converted to bad faith? a.) They are filed before the court;
A: The prescription will be extraordinary but the possession in b.) When there is a written extrajudicial demand by
good faith shall be computed in the proportion that the period the creditors; and
of extraordinary prescription bears to that of ordinary c.) When there is any written acknowledgment of the
prescription. debt by the debtor. (Art. 1155, NCC)
Civil actions are deemed commenced from the date of the filing
RULES ON OTHER ACTIONS and docketing of the complaint with the Clerk of Court. (Cabrera
v. Riano, 1963)
1. Action to foreclose mortgage prescribes after 10 years
from the time the obligation secured by the mortgage A written extrajudicial demand wipes out the period that has
becomes due and demandable. already elapsed and starts anew the prescriptive period (The
Overseas Bank of Manila v. Geraldez, 1979)
2. Actions that Prescribe in 10 Years (Art. 1144, NCC)
(a) Upon a written contract; Not all acts of acknowledgement of a debt interrupt
(b) Upon an obligation created by law; and prescription. To produce such effect, the acknowledgment must
(c) Upon a judgment. be written, so that the payment, if not coupled with the
communication signed by the payor would interrupt the running
of the period of prescription. (PNB v. Osete, 1968)
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SUCCESSION
128
Q: What is succession? be embodied in a will and must follow the form required by law.
A: (Magsalang v. Heirs of Cabatingan, 20002)
Succession is a mode of acquisition by virtue of which
One of the decisive characteristics of a donation mortis causais that the
the property, rights and obligations to the extent of the value of
transfer should be considered void if the donor survives the done. It is
the inheritance of a person, are transmitted through his death to settled rule that the title given to a deed of donation is not the
another or others either by his will or by operation of law. determinative factor which makes the donation whether inter vivosor
(Art. 774) mortis causa, the same do not depend on the title or term used in the
In general, succession may be understood in either of deed but on the provisions stated therein.(Reyes v. Mosqueda, 187 S
two senses. In its broadest juridical sense, it signifies the 661)
substitution or subrogation of a person in the transmissible rights
and obligations of another. Under this definition, it embraces not The express irrevocability of the same (hindi na mababawi) is the
distinctive standard that identifies it as a donation inter vivos. The other
only succession mortis causa, but even succession inter vivos.
provisions: will take effect upon death that a prohibition to alienate,
In its strict juridical sense, it signifies the substitution or encumber, dispose or sell must be harmonized with its express
subrogation of a person in the transmissible rights and irrevocability such that after the donors death, the donation will take
obligations of a deceased person. Under this definition, it is effect so as to make the donee the absolute owners of the donated
limited to succession mortis causa. It is in this sense that it is property free from all liens and encumbrances. (Austria-Magat v. CA,
understood in the New Civil Code. 2002) The prohibition to alienate does not necessarily defeat the inter
vivos character of the donation, it even highlights the fact that what
Q: What are the kinds of succession? remains with the donor is the right of usufruct and not anymore the
naked title of ownership. (Gestopa v. CA)
A:
A. By the moment of transmission:
B. As to cause:
1. mortiscausa - takes place by virtue of death
1. Forced/Compulsory - that effected by operation of
2. intervivos- takes place independently of death during
law to forced heirs even if not in a will, succession to
the lifetime of the parties
the reserved portion/ legitime;
2. Testamentary - by will, results from the designation
Distinctions between succession mortis causaand succession inter
of an heir, made in a will executed in the form
vivos:
prescribed by law;
Succession Inter Vivos Succession Mortis Causa
3. Intestate or legal - succession in default of a will;
As to when it takes effect
subordinate to testamentarysuccession
Takes effect during the lifetime Takes effect upon givers death 4. Mixed - combination of the above, may be effected
of the giver, independently of partly by will and partly by operation of law. If the
the his death testator makes a will which does not dispose all of his
As to cause or consideration properties, hence, in the distribution of the hereditary
Cause is givers pure generosity In contemplation of givers estate of the testator after his death, testamentary
death without intention to succession shall takes place with respect to that part
dispose of the thing in case of which he has disposed of in his will while legal/intestate
survival succession takes place with respect to that part which
On predecease he has not disposed of;
Valid if giver survives the done Void if giver survives 5. Contractual - E.g., donation propter nuptias by one to
On revocability another of future property which takes effect after
Generally irrevocable except for Always revocable at any time death. Why contractual? Because the transfer of
grounds provided for by law and for any reason before the property is not by virtue of a will but by contract. So it is
givers death
governed by the law on contracts. Hence, it must be
On formalities governed by the Statute of Frauds. It must be in writing
Must comply with the formalities Must comply with the formalities to be enforceable.
of donations of a will
On when acceptance is made The conveyance was neither a donationmortis causanor donation inter
vivos. There, is no showing that the funds exclusively belonged to one
Acceptance during givers After givers death
party, hence, it must be presumed to be conjugal having been acquired
lifetime
during the existence of the marital relations. Spouses are not prohibited
On when property is conveyed by law to invest conjugal property by way of joint and several bank
Property completely conveyed Property retained by the donor accounts. In this case, when spouses Vitug opened such account, they
to the receiver while he is still alive merely put what rightfully belonged to them in money-making venture.
They did not dispose of it in favour of the other, which would have been
If a donation by its terms is inter vivos, this character is not altered by sanctionable as a prohibited donation. (Vitug v. CA, 183 s 755)
the fact that the donor styles it mortis causa. (Del Rosario v. Ferrer,
2010) Q: What are the requisites of succession?
A:
In case of doubt, conveyance should be deemed a donation inter 1. Death of the predecessor;
vivosrather that mortis causa in order to avoid uncertainty as to the
2. Existence and capacity of the successor;
ownership of the property subject of the deed. (Puig v. Penaflorida)
3. Provision of the law or provision of a will granting
The phrase become effective upon the death of the donor admits no the right of succession; and
other interpretation but the donor did not intend to transfer ownership of 4. Acceptance by the successor.
the properties to the petitioners during her lifetime. That the donations
were made in consideration of love and affection of the donor does not
qualify the donation as inter vivos because transfer mortis causa may
also be made for the same reason. Being a mortis causa donation it must
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ELEMENTS OF SUCCESSION MORTIS CAUSA KINDS OF SUCCESSORS
1. Mode of transmitting/Acquiring Ownership property, 1. Heirs those who are called to the whole or an aliquot
129
rights, and obligations are transmitted; those which are portion of the inheritance either by will or by operation
not extinguished by death of the decedent is of law. (Art. 782)
inheritance; 2. Devisees persons to whom gifts of real property are
given by virtue of a will
2. Transmission/Acquisition through Death 3. Legatees persons to whom gifts of personal property
are given by virtue of a will
Q: When are rights to succession transmitted? Note: The distinction is significant in case of preterition.
A: The rights to succession are transmitted from the moment of
the death of the decedent. (Art. 777) KINDS OF HEIRS
(a) actual death physical death coincides with legal 1. Compulsory Heirs those who succeed by force of law
to some portion of the inheritance, in an amount
death; (b) presumptive death for purposes of opening
succession, a person is presumed dead after 10 years in predetermined by law known as the legitime, of which
they cannot be deprived by the testator, except by a
case of ordinary absence, unless such person is already
75 years old when his absence occurred in which case, valid disinheritance. They succeed regardless of a will.
2. Voluntary or Testamentary Heirs those who are
his succession will open after 5 years; in case of
extraordinary absence, such person is presumed dead instituted by the testator in his will, to succeed to the
portion of the inheritance of which the testator can
after 4 years from such absence;
freely dispose. They succeed by reason of a will.
3. Object of Succession 3. Legal or Intestate Heirs those who succeed to the
estate of the decedent who dies without a valid will, or
Inheritance Hereditary Estate to the portion of such estate not disposed of by will, or
Value of the whole or all of the Property and transmissible rights when certain grounds are met.
property of the decedent and assets less liabilities
Rationale/ Bases of Law on Succession
Q: What is transferred by death in succession?
A: Only the property, rights and obligations not extinguished by 1. Inherent necessity to respect even beyond the limits of
death are transmitted to the heirs. the life the proprietary rights of the deceased;
2. One way of perpetrating the patrimony of a person for
For money debts: If not paid in settlement proceedings, heirs the benefit of the family and relatives;
could be liable to the extent of what they received 3. Socio-economic reasons, otherwise the property will be
considered as res nullius. The necessity of lending
For obligations: E.g., lessee-lessor-- obligation to keep the lessee stability in the economy, despite death, the property will
in the peaceful possession is transmitted to the heirs. be devoted to some economic/social welfare.
Note: Property, rights and obligations which are purely personal are BASIC PRINCIPLES IN SUCCESSION
extinguished by thedeath of the decedent. They are not part of the
inheritance, e.g., membership in the bar or right of consortium with your 1. Succession cannot take place while the owner of the
wife. property is alive. The heir/successor has a mere
expectancy right to the property of the decedent, during
Q: Are afteracquired properties of the decedent transmissible? the lifetime of the latter.
A: 2. Interest of the family may override the will of the
General Rule: Property acquired during the period between decedent because of compulsory heirs. There is a
the execution of the will and the death of the testator is not legitime reserved for the family. A will cannot impair the
included. legitime.
3 3. The estate passes or devolves to the family unless the
Exception: When a contrary intention expressly appears in decedent expressly orders otherwise in a will.
the will. (Art. 793) 4. The family cannot be entirely deprived of the estate
because of the system of legitime.
Note: Relevant in testamentary succession. Applies only to legacies
5. Within the family, heirs of equal degree/ proximity
and devises and not to institution of heirs.Properties acquired after
execution of a will and existing at the time of death will not pass to inherit in equal shares. Presumption of equality, as a
them. general rule.
6. The heirs are not liable for the debts of the estate
The inheritance of a person includes not only the property and beyond their share in the inheritance.
the transmissible rights and obligations existing at the time of his 7. The State has a share in the inheritance through taxes.
death but also those which have accrued thereto since the
opening of the succession. (Art. 781) II. FORCED SUCCESSION/ LEGITIME
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depleting the estate to the detriment of the compulsory heirs is No Compromise/Waiver
null and void. Every renunciation or compromise as regards a future legitime 130
However, any contract entered into by a person while between the person owing it and his compulsory heirs is void,
still alive is valid. e.g. sale, but if the sale is simulated or and the latter may claim the same upon the death of the former;
intended to defraud the heirs, the same is void and rescissible. but they must bring to collation whatever they may have
received by virtue of the renunciation or compromise. (Art. 905)
Note: There is compulsion on the part of the testator to reserve that part
of the estate which corresponds to the legitime; the law sets a fractional Q: When is the principle of no compromise/waiver applicable?
portion of the estate for the compulsory heirs; the law does not specify A: When the following requisites are met:
which property to reserve but only sets aside a fractional portion of the
1. The contact has for its object property;
estate; there is no obligation on the compulsory heirs to accept; only the
legitime is reserved; the free portion may be disposed of by will. 2. Such property belongs to a person who may or may
not be a party to the contract;
No Deprivation of Legitime 3. The performance of contractual rights and
obligations is dependent upon such contract; and
The testator cannot deprive his compulsory heirs of 4. Succession is not yet open.
their legitime, except in cases expressly specified by law, e.g.
disinheritance. (Art. 904) Q: What is the scope of the prohibition?
A:
Even if the will was validly executed if the testator provides for 1. Any renunciation of future legitimes, whether for a
dispositions that deprive or impair the lawful heirs of their legitime or valuable consideration or not;
rightful inheritance according to the laws on succession, the unlawful 2. Any waiver of the right to ask for the reduction of an
provision/dispositions thereof cannot be given effect. innoficious donation;
Even if the testator does not want to make a compulsory heir 3. Compromise between the compulsory heirs
an heir, he cannot do so because this limitation is imposed upon him
themselves during the lifetime of the testator.
directly by the law. If he intentionally or unintentionally omits to put
them in his will or omits to grant them part of the property in the
succession, his wish cannot prevail for the law provides that the Note: The prohibition is not applicable in cases of:
preterition or omission of one, some or all of the compulsory heirs in the 1. Renunciations or compromises made after the death of the
direct line. Whether living at the time of execution of the will or born testator;
after the death of the testator, shall annul the institution of heir, but 2. Donations or remissions made by the testator to the
legacies and devises shall be valid id so far as they are not inofficious. If compulsory heirs as advances of their legitime.
the omitted compulsory heirs should die before the testator, the
institution shall be effectual without prejudice to the right of No Impairment
representation(Art. 854) Any compulsory heir to whom the testator has left by any title
If he wants to disinherit any or all of his compulsory heirs, he less than the legitime belonging to him may demand that the
may do so but this disinheritance should be for causes expressly stated same be fully satisfied. (Art. 906)
by law, and effected only through a will wherein the legal cause therefor Q: Who are Compulsory Heirs?
shall be specified. As a consequence of this valid disinheritance, a A: The following are Compulsory Heirs:
compulsory heir may be deprived of his legitime. (Art. 915) (Dorotheo v.
1. Legitimate children and descendants, with respect to
CA, 1999)
their legitimate parents and ascendants;
No Condition/Substitution 2. In default of the foregoing, legitimate parents and
ascendants, with respect to their legitimate children and
General Rule: descendants;
Neither can he impose upon the same any burden, 3. The widow or widower;
encumbrance, condition, or substitution of any kind whatsoever. 4. Acknowledged natural children, and natural children
(Art. 904) by legal fiction;
The testator cannot impose any charge, condition or 5. Other illegitimate children referred to in article 287.
substitution whatsoever upon the legitimes prescribed in this (Art. 887)
Note:
Code. Should he do so, the same shall be considered as not
Compulsory heirs mentioned in Nos. 3, 4, and 5 are not excluded by
imposed.(Art. 872) those in Nos. 1 and 2; neither do they exclude one another. In all cases
of illegitimate children, their filiation must be duly proved.
Exceptions:
Should a person make partition of his estate by an act CLASSES OF COMPULSORY HEIRS (Art. 887)
inter vivos, or by will, such partition shall be respected, insofar as
it does not prejudice the legitime of the compulsory heirs. Primary those who have precedence over and exclude other
A parent who, in the interest of his or her family, compulsory heirs:
desires to keep any agricultural, industrial, or manufacturing Legitimate Children and Legitimate Descendants with
enterprise intact, may avail himself of the right granted him in respect to their Legitimate Parents and Ascendants.
this article, by ordering that the legitime of the other children to
whom the property is not assigned, be paid in cash.(Art. 1080) Secondary those who succeed only in the absence of the
Every co-heir has a right to demand the division of the Primary compulsory heirs:
estate unless the testator should have expressly forbidden its 1. Legitimate Parents and Legitimate Ascendants, with respect to
partition, in which case the period of indivision shall not exceed their Legitimate Children and Descendants. (They will inherit only
twenty years as provided in article 494. This power of the in default of legitimate children and their descendants)
testator to prohibit division applies to the legitime. (Art 1083) 2. Illegitimate Parents with respect to their Illegitimate Children.
(They will inherit only in default of the illegitimate and legitimate
children and their respective descendants). Note that other
illegitimate ascendants are not included.
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Concurring those who succeed together with the primary or
the secondary compulsory heirs: d. If all the Legitimate Children repudiate their legitime, 131
(1) Widow or Widower / Surviving Spouse (Legitimate). the next generation of Legitimate Descendants may
(2) Illegitimate Children and Illegitimate Descendants. succeed in their own right.
Note: Except: Illegitimate children exclude illegitimate parents.
2. Direct Ascending Line
Q: Is the presence of illegitimate children of the decedent a. Rule of division between lines
exclude the Legitimate Parents and Ascendants?
A: No. Legitimate parents and ascendants concur with the The father and the mother shall inherit equally if both
illegitimate children of the decedent. However, if the decedent is living. One parent succeeds to the entire estate of the
himself illegitimate, his illegitimate children exclude the child if the other parent is dead. (Art. 986)
illegitimate parents and ascendants. In default of the mother and the father, the ascendants
nearest in degree will inherit. (Art. 987)
Q: Can a common law spouse be a compulsory heir? If there is more than one relative of the same degree
A: No. There must be valid marriage between the decedent and but of different lines, one half will go to the paternal
the surviving spouse. If the marriage is null and void, the ascendants and the other half to the maternal
surviving spouse cannot inherit. ascendants. (Art. 987)
Q: How can the heirs of the decedent use the nullity of marriage b. Rule of equal division
to prevent the surviving spouse from inheriting?
A: The heirs can raise the issue of nullity of the marriage in the The relatives who are in the same degree shall inherit in
same proceeding for the settlement of the estate. This is allowed equal shares. (Art. 987)
because a marriage that is null and void can be collaterally
attacked. Kinds of Legitime
However, in case of voidable marriages, if the marriage
is not annulled before the decedent died, the surviving spouse 1. Fixed the aliquot part of the decedents estate to
can still inherit. which a certain class of compulsory heirs is entitled by
Reason: Voidable marriages can only be attacked in a operation of law is always the same whether they
direct proceeding, i.e. annulment proceeding. survive alone or with other classes of compulsory heirs.
2. Variable the aliquot part changes depending upon
Note: The surviving spouse is not a compulsory heir of his/her whether they survive alone or with other classes of
parentinlaw.
compulsory heirs.
Separationinfact will not disqualify the surviving spouse from
getting his/her legitime, regardless of his/her guilt.
Shares in the Legitime
Effect of Adoptive Relations
Legend:
The adoptive relationship is limited to the adopter and LC Legitimate Child
adoptee, hence no filiation is created between the relatives of IC Illegitimate Child
the former and the latter. Consequently, the adoptee can inherit SS Surviving Spouse
from the adopter/s but cannot inherit from the relatives of the LP Legitimate Parents
latter and vice versa. The adoptee has the same rights as that of ILP Illegitimate Parents
a legitimate child.
Share of the Legitimate Children or Descendants
Those in the direct descending line shall exclude those Share of the Surviving Spouse
in the direct ascending and collateral lines; and
Those in the direct ascending line shall, in turn, exclude If alone, entitled to of the hereditary estate
those in the collateral line. If alone, but married the testator/decedent in articulo
mortis the latter died within 3 mos. after such
b. Rule of Proximity (Art. 926) The relative nearest in marriage, and they cohabitated for less than 5 years,
degree excludes the farther one. the share of SS is 1/3 of the hereditary estate.
If concurring with 1 LC, of the hereditary estate.
c. Right of representation ad infinitum in case of If concurring with several LC, SSs share is equal to the
predecease, incapacity, or disinheritance (Art. 972 and share of 1 LC.
992) If concurring with LP only, of the hereditary estate.
If concurring with IC (or several IC) only, 1/3 of the
For decedents who are Legitimate Children, only the hereditary estate.
Legitimate Descendants are entitled to right of If concurring with both LP and IC, 1/8 of the hereditary
representation. estate.
For decedents who are Illegitimate Children, both the If concurring with ILP of the hereditary estate.
Legitimate and the Illegitimate Descendants can
represent, only with respect to the decedents
illegitimate parents.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Share of Illegitimate Children the legitime of the SS must
first be fully satisfied.
IC surviving alone is entitled to of the hereditary b. If the same is insufficient, 132
divide it among the IC
estate.
equally.
If concurring with LC, of the share of each legitimate c. If there are 2 or more LC,
children. the legitime of the SS is the
If concurring with SS, 1/3 of the hereditary estate. same as that of each LC
If concurring with LP, of the hereditary estate. and it shall be taken from
If concurring with LC and SS, of the share of each the free portion.
legitimate child. LPA 1/2 a. This rule apply whether
If concurring with LP and SS, of the hereditary they survive aloe or with
estate. other classes of compulsory
heirs.
b. They inherit in default of
Note: Illegitimate children do not exclude legitimate parents.
LCD by the testator,
otherwise they are
Share of Legitimate Parents or Ascendants excluded.
LPA 1/2 a. The to which the IC is
LP whether surviving alone or concurring with SS and/or entitles is taken from the
IC is entitled to of the hereditary estate.(However, IC 1/4 free portion.
they are excluded by LC but not IC) b. The shall be divided I
equal sgares among
Share of Illegitimate Parents or Ascendants several IC.
c. The remaining shall be
at the free disposal of the
If surviving alone, of the hereditary estate.
testator.
If concurring with SS, of the hereditary estate. LPA 1/2 a. The legitime of the SS shall
(They are excluded by LC or IC) be taken from the free
SS 1/4 portion.
Table of Legitimes b. The remaining shall be
at the free disposal of the
Survivor Legitime Notes testator.
LC 1/2 a. Divide by the number of LC LPA 1/2 a. The legitime of the SS and
whether they survive alone IC shall be taken from the
or concurring with other SS 1/8 free portion provided that
compulsory heirs. the total legitime of such
b. The remaining shall be IC 1/4 IC shall not exceed the free
at the free disposal of the portion and that the
testator. legitime of the SS must
1LC 1/2 a. The legitime of the SS shall first be fully satisfied.
be taken only from the free b. The remaining 1/8 may be
SS 1/4 portion. freely disposed of by the
b. In case of legal separation, testator.
the surviving spouse may IC 1/2 a. Divide equally among
inherit if it was the several IC.
deceased who had given b. The remaining shall be
cause for the same. at the free disposal of the
2 or more LC 1/2 a. The must be divided by testator.
the number of LC. SS 1/3 The remaining 1/3 shall be
SS Same as b. The legitime of the SS shall at the free disposal of the
that of each be taken from the free IC 1/3 testator.
LC portion. SS 1/3 a. 1/3 if marriage is in articulo
c. After deducting the 1/2 mortis and the testator
legitime of SS, the 1/2 spouse died within 3
remaining shall be at the 1/2 months after the marriage.
free disposal of the b. when they have been
testator. living as husband and wife
LC 1/2 a. The legitime of IC shall be for more that 5 years
taken from the free before marriage in articulo
IC 1/2 of 1 LC portion. mortis.
b. In case of several IC: c. If marriage is not in
If the free articulo mortis, SS shall
portion is inherit of the estate.
sufficient, each d. The remaining in b and
IC gets of 1 c shall be at the free
LC. disposal of the testator.
If the same is IP 1/2 The remaining shall be
insufficient, at the free disposal of the
divide it among testator.
the IC equally. IP 1/2 Only the parents of IC are
LC 1/2 a. The legitime of the IC shall included. Grandparents and
be taken from the free SS 1/2 other ascendants are
SS 1/4 portion provided that the excluded.
total number of legitime of
IC 1/2 of 1 LC such IC shall not exceed
the free portion and that
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Table of Intestate Shares 4.Donations which an illegitimate child may have
received during the lifetime of his father or mother, 133
LEGEND: shall be charged to his legitime. Should they exceed the
Legit. Children or Descendants LCD portion that can be freely disposed of, they shall be
Illegit. Children or Descendants ILCD reduced in the manner prescribed by this Code. (Art.
Legit. Parents or Ascendants LPA
910)
Illegit. Parents or Ascendants ILPA
Surviving Spouse SS
Brothers and Sisters BS Q: In relation to Articles 908 to 910, how shall the reduction
Nephews and Nieces NN from the legitimebe made?
A: After the legitime has been determined in accordance with the
three preceding articles, the reduction shall be made as follows:
Survivor Intestate share 1. Donations shall be respected as long as the legitime
can be covered, reducing or annulling, if necessary,
Any class alone Entire estate
the devises or legacies made in the will;
LCD Entire estate
LPA Excluded
2. The reduction of the devises or legacies shall be
1 LCD 1/2
SS 1/2 pro rata, without any distinction whatever.
2 or more LCD Consider SS as 1 LC, and then
SS divide estate by total number. If the testator has directed that a certain devise or
LPA 1/2 legacy be paid in preference to others, it shall not
SS 1/2 suffer any reduction until the latter have been
LPA 1/2 applied in full to the payment of the legitime.
ILCD 1/2
ILC D 1/2 3. If the devise or legacy consists of a usufruct or life
SS 1/2
annuity, whose value may be considered greater
LPA 1/2
than that of the disposable portion, the compulsory
SS 1/4
ILCD 1/4 heirs may choose between complying with the
ILPA 1/2 testamentary provision and delivering to the
SS 1/2 devisee or legatee the part of the inheritance of
SS 1/2 which the testator could freely dispose. (Art. 911)
BS/NN 1/2
1 LCD First satisfy legitime. If estate 4. If the devise subject to reduction should consist of
SS would be insufficient, real property, which cannot be conveniently
ILCD reduction must be made in divided, it shall go to the devisee if the reduction
accordance with the rules on
does not absorb onehalf of its value; and in a
legitime. The legitime of LCD
and SS shall always be first contrary case, to the compulsory heirs; but the
satisfies in preference to the former and the latter shall reimburse each other in
ILCD cash for what respectively belongs to them. (Art.
2 or more LCD First, satisfy legitime. In case 912)
SS of the excess in the estate
ILCD distribute such excess in The devisee who is entitled to a legitime may retain
proportion 1:2:2, in
the entire property, provided its value does not
accordance with the principle
of concurrence. exceed that of the disposable portion and of the
SS 1/2 share pertaining to him as legitime.
BS/NN 1/2
*Right of representation Note: If the heirs or devisees do not choose to avail themselves
applies. of the right granted by the preceding article, any heir or devisee
who did not have such right may exercise it; should the latter not
Q: What is/are the remedy(ies) available to a compulsory heir make use of it, the property shall be sold at public auction at the
whose legitime has been impaired? instance of any one of the interested parties. (Art. 913)
A:
1.In case of preterition annulment of institution of heir The testator may devise and bequeath the free portion
and reduction of devises and legacies as he may deem fit. (Art. 914)
2. In case of partial impairment completion of legitime
3. In case of inofficious donation collation Q: What is the order of preference in reducing testamentary
dispositions and donations?
Q: What are the rules governing the donations made by the A:
testator in favor of his children, legitimate and illegitimate, and 1.Legitime of compulsory heirs
strangers and those which are inofficious. 2. Donations inter vivos
A: 3. Preferential legacies or devises
1.Donations given to children shall be charged to their 4. All other legacies or devises pro rata.
legitime.
2.Donations made to strangers shall be charged to that Note: The order of preference is applicable when:
part of the estate of which the testator could have 1.The reduction is necessary to preserve the legitime of
disposed by his last will. compulsory heirs from impairment whether there are
3. Insofar as they may be inofficious or may exceed the donations inter vivos or not; or
disposable portion, they shall be reduced according to 2.Although, the legitime has been preserved by the
the rules established by this Code. (Art. 909) testator himself there are donations inter vivos.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Q: What are the steps in the distribution of the estate of the
testator? Q: What are the requisites that must exist in order that a 134
A: property may be impressed with a reservable character?
1. Determine the value of the property left at the death of A:
the testator. (Gross estate) 1. That the property was acquired by a descendant (called
2. Deduct all debt and charges, except those imposed in praepositus or propositus) from an ascendant or from a
the will from the gross estate.(Net asset) brother or sister by gratuitous title;
3. Add the value of all donations by the testator that are 2. That said descendant (praepositus) died without an issue;
subject to collation. 3. That the same property (called reserva) is inherited by
(Net hereditary estate = [Gross estate Debts and another ascendant (called reservista) by operation of law
Charges] + donations) (either through intestate or compulsory succession) from the
4. Determine who are the compulsory heirs and their praepositus; and
corresponding legitimes using the table of legitimes 4. That there are living relatives within the third degree
below. counted from the praepositus and belonging to the same
5. Determine the free portion. line from where the property originally came (called
Free portion = net hereditary estate reservatarios). (Art. 891; Chua v. CFI of Negros
Less: legitimes (total amount) Occidental, Branch V, 78 SCRA 412; Rabuya, Civil Law
6. Imputation of donations Reviewer, pp. 634635)
7. Distribution of the remaining portion to the legatees and
devisees. Note: ReservaTroncal only exist in legitimate family, not in illegitimate or
adoptive relationship.
3 transmissions involved:
RESERVA TRONCAL 1st transfer by gratuitous title, from a person to his
descendant, brother or sister.
Q: What is reservatroncal? 2nd transfer by operation of law, from the transferee
A: Reservatroncal The ascendant who inherits from his in the 1st transfer to another ascendant. This creates
descendant any property which the latter may have acquired by the reserva.
gratuitous title from another ascendant, or a brother or sister, is 3rd transfer from the transferee in the second transfer
obliged to reserve such property as he may have acquired by to the relatives.
operation of law for the benefit of relatives who are within the
third degree and who belong to the line from which said property Illustration:
came. (Art. 891)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Obligations of Reservista Two Views
Reserva Maxima: The entire property will be considered 135
1. Within 90days from administration, he must cause the acquired as legitime and therefore wholly reservable.
annotation as to its reservable character in the proper Reserva Minima: One half is reservable, the other half is
registry of deeds. not subject to reservatroncal. [Tolentino, p. 284]
*Failure to cause such annotation: An action for specific
performance may be filed against him by the Extinguishment of the Reserva
reservatarios. 1. Loss of the reservable property.
2. He must submit an inventory or appraisal of the *If the loss is with fault of the reservista, he will be held
resevable property to determine the value of the liable for indemnity or the same will cause the forfeiture
property at the time he obtained the same measure of of the bond.
capital because this is liability of the reservista. 2. Death of the reservista.
3. He must furnish a bond (caucion) to guarantee that 3. Death of all the relatives within the third degree
he shall preserve the property and deliver the same to belonging to the line from which the property came
the reservatarios at proper time if such obligation was 4. Renunciation by the reservatarios.
not fulfilled, the bond will be garnished. 5. Registration of the reservable property under the
Torrens system as free.
Rights of Reservista 6. Prescription, when the reservistaholds the property
adversely against the reservatarios, as free from
1. His right over the reserved property is one of reservation.
ownership, but is subject to resolutory condition, i.e the
existence of reservatarios. Thus he may introduce
improvements therein.
2. His ownership is registrable. TESTAMENTARY SUCCESSION
Note: Consequence of onerous alienation by reservista : Valid but the
obligation to deliver the reservable property to reservatarios passed to Q: What is a will?
the transferee. If no annotation as to its reservable character, the A: A will is an act whereby a person is permitted, with the
innocent purchaser acquires ownership over such property the bond formalities prescribed by law, to control to a certain degree the
now will answer for the injury suffered by the reservatarios. This rule is disposition of his estate, to take effect after his death. (Art. 783)
also applicable in case of donations inter vivos. But other gratuitous
disposition of such property is void. KINDS OF WILLS
1. Notarial an ordinary or attested will, which must
Rights of Reservatarios comply with the requirements of the law. (Arts. 804-
808)
1. To ask for the inventory, appraisal and annotation of all 2. Holographic a will entirely written, dated and signed
reservable property and the furnishing of a bond. by the hand of the testator. (Art. 810)
2. The reservatarioshave a right of expectancy over the
property. CHARACTERISTICS OF WILLS
3. The right is subject to a suspensive condition, i.e. the 1. Purely personal will-making is non-delegable
expectancy ripens into ownership if the Making of a will cannot be left in whole or in part of the
reservatariossurvive the reservistas. discretion of a third person, or accomplished through
the instrumentality of an agent or attorney. (Art. 784)
Obligations of Reservatarios Testator may not make a testamentary disposition in
such manner that another person has to determine
1. None of them can disturb the ownership of reservista. whether or not it is to be operative. (Art. 787)
2. They cannot demand delivery of reservable property
during the lifetime of reservista. Q: What cannot be delegated to the discretion of a third person?
3. Obligation to reimburse the reservista if necessary A: The following cannot be delegated to a third person because
expenses as well as useful expenses in case they they comprise the disposing power of the testator:
choose to appropriate certain improvements. 1. Duration or efficacy of designation of heirs, legatees, or
devisees.
Reserva Minima and Reserva Maxima, distinguished. 2. Determination of the portions which the heirs are to
receive when referred to by name.
RESERVA MINIMA RESERVA MAXIMA 3. Determination as to whether or not a disposition is to be
All of the properties which the All of the properties which the operative. (Art. 785)
descendant had previously descendant had previously
acquired by gratuitous title acquired by gratuitous title from Q: What, on other hand, may be entrusted to third persons?
from another ascendant or another ascendant or from a
A:
from a brother or sister must brother or sister must be included
be considered as passing to in the ascendants legitime insofar
1. Distribution of specific property or sums of money that the
the ascendantreservista as such legitime can contain. testator may leave in general to specified classes or causes
partly by operation of law and 2. Designation of the persons, institutions or establishments to
partly by force of the which such property or sums are to be given or applied.
descendants will. (Art. 786)
Applies in testate succession. Always followed in intestate
succession Reason: Here, there is really no delegation because the
testator has already set the parameters required by law, namely:
a. The specification of property or sums of money
b. The specification of classes or causes.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
In effect, the third person will only be carrying out the made in accordance with the formalities prescribed. by
will of the testator as determined by these parameters. the law (Art. 783) [Balane (2004)] 136
2. Free act It means without fraud, violence, deceit, 11. Dispositive Disposes of property.
duress, or intimidation. It is voluntary. No vitiated General rule: Wills contain disposition of the testators
consent. estate mortis causa.
*However, if the act of the testator is vitiated, the will is Exceptions: (non-dispositive wills)
not voidable but entirely void. Will recognizing an illegitimate child.
3. Solemn and formal If the form is defective, the will is Will disinheriting a compulsory heir.
void.
4. Revocable and ambulatory Will can be revoked at any RULES OF CONSTRUCTION AND INTERPRETATION [Arts.
time before the testators death. (Art. 828) 788-795)
5. Mortis causa Takes effect upon the testators death.
6. Individual prohibition against joint wills. (Art. 818) Q: How should the provisions of a will be construed?
A: As a general rule, the language of a will should be liberally
Q: What are joint wills? construed and as much as possible, the intention of the testator
A: Joint wills are those which contain in one instrument the will should be given effect.
of two or more persons jointly signed by them, i.e WE A and B In case of doubt, that interpretation by which the
give to C disposition is to be operative shall be preferred.
Reason: Testacy is preferred over intestacy. (Art. 791)
Note:Joint wills executed by Filipino citizens are absolutely prohibited
regardless of the place of execution, thus two or more persons cannot Specific Rules
make a will jointly, or in the same instrument, either for their reciprocal
benefit or for the benefit of a third person. (Art. 818) 1. Different interpretations, in case of doubt, that which
Reciprocal or mutual wills defined: they are those would make the will operative. (Art. 788)
that provide that the survivor of the testator will succeed to all or 2. Words to be taken in their ordinary and grammatical
some of the properties of the decedent. sense unless there is a clear intention to use them in
another sense. (Art. 790)
However, reciprocal or mutual wills by themselves are 3. Technical words are to be taken in their technical sense
valid, but if made in one instrument, theu are void, not because unless there is a contrary intention or when testator was
they are reciprocal, but because they are joint. unacquainted with such technical sense. (Art. 790)
4. Words must be of an interpretation to give effect to
Reasons why joint wills are void: every expression. To make it operative rather than
1. To allow as much as possible secrecy, a will being a inoperative; that which will prevent intestacy. (Art. 791)
purely personal act. 5. Invalidity of one of several dispositions does not result
2. To prevent undue influence by the more aggressive in invalidity of others unless the testator would not have
testator on the other. made such dispositions if the first invalid disposition had
3. In case of death of the testators at different times, not been made. (Art. 792)
probate would be harder. 6. Every devise and legacy shall convey all the interest
4. It militates against the right of the testator to revoke his unless it clearly appears the intention was to convey a
will at any time. Example: One testator would be less interest. (Art. 794)
prevented from revoking by overt act, like tearing, 7. Where there are ambiguities (i.e. imperfect description
burning, for the other may not agree. or no person or property exactly answers to the
description, mistakes, omissions), intrinsic or extrinsic
Wills that are not joint wills: evidence may be used to ascertain the intention of the
1. Those made on a single sheet of paper, the first on the testator.
front, and the second on the reverse side. Oral declarations of the testator as to his intention must
2. Those made even on the same page with or without a be excluded. (Art. 789)
dividing line between them, but neither combining the Reason: Because the testator can no longer refute whatever is
signature of both together. attributed to him.
7. Executed with animus testandi Intent to dispose of the Q: What are the kinds of ambiguities in a will?
property gratuitously. A:
1. Latent ambiguities Ambiguities which are not apparent
The Republic contended that the phrase "I herebyleave you on the face of a will but to circumstances outside the
(motherland), parents, loved ones... "is a testamentary
will at the time the will was made.
disposition in favor of theRepublic as an heir. The Court ruled
that it was not. The phrase is a mere piece of poetry, there
E.g.
beingno animus testandi. The lack of such intent might be seen a. If it contains an imperfect description of person or
from the face of the document itself. (Montinola v. CA) property;
b. A description of which no person or property exactly
8. Executed with testamentary capacity answers
9. Unilateral act Does not involve an exchange of values
or depend on simultaneous offer and acceptance. 2. Patent ambiguities Those which are apparent on the
Consent and acceptance by heirs during execution of face of the will.
will are not necessary.
10. Statutory grant Granted only by civil law. The law can E.g .Uncertainty which arises upon the face of the will as to
also take it away. It is not a constitutional right but the application of any of its provisions.(Art. 789)
merely statutory.As it is a statutory grant, a will must be
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Determination of the Governing Law does not invalidate an effective will, nor is the will by an
incapable person validated by the supervening of capacity. 137
Basis of Extrinsic Validity Intrinsic Validity
determination Q: What are the requisites of testamentary capacity?
Governing Law Law at the time of Law at the time of 1. At least 18 years of age; and
execution. the death of the 2. Of sound mind
testator and
qualification of heirs.
Resident Filipino Philippine law at the National law of the It is not necessary that the testator be in full possession of all his
Citizens who time of execution. testator/decedent reasoning faculties, or that his mind be wholly unbroken,
executed their lexnationalis (Art. 16 unimpaired, or unshattered by disease, injury or other cause.
wills in the (2), CC), in which
Philippines case, Philippine law It shall be sufficient if the testator was able at the time of making
shall be applied. the will to know the:
Filipino Citizens Philippine law if Philippine law, 1. nature of the estate to be disposed of;
who executed executed in Philippine regardless of the 2. proper objects of his bounty; and
their wills embassy abroad or if place of execution
3. character of the testamentary act.
abroad not, follow the (lexnationalis).
principle of lex loci
celebrationis (Law of Testamentary Capacity Testamentary Power
the place of Refers to the ability as well Refers to the privilege granted
execution). as the power to make a to the testator to designate the
Aliens who Law of domicile or National law of the will person or persons who are to
executed their national law or testator/decedent succeed him in his inheritance
wills in the Philippine law or lex [Art. 15 in rel. to Art
Philippines loci celebrationis. 16 (2)] or law of
domicile. Q: Is a person suffering from civil interdiction qualified to make a
Aliens who National law or lex National law of the will?
executed their loci celebrationis[Art. testator/decedent A: Yes. He is deprived only of the power to dispose of his
wills abroad 17 (1)] [Art. 15 in rel. to Art
properties through acts inter vivos but not through acts mortis
16 (2)] or law of
domicile.
causa. (Art. 34, Revised Penal Code; Rabuya, Civil Law Reviewer,
p. 527)
The Supreme Court deciding to grant more successional rights to Helen
said in effect that there are two rules in California on the matter; the Q: When is soundness of the mind required?
internal law which applies to Californians domiciled in California and the A: It is essential only at the time of the making (or execution) of
conflict rule for Californians domiciled outside of California. Christensen the will. (AlsuaBetts v. CA, 92 SCRA 332; Rabuya, Civil Law
being domiciled in the Philippines, the law of his domicile must be Reviewer, p. 527)
followed. The case was remanded to the lower court for further
proceedings the determination of the successional rights under
Q: What is the status of the will if the testator is not of sound
Philippine law only. (Aznar v. Garcia, 7 S 95) mind at the time of its execution?
A: The will is invalid regardless of his state of mind before or
Court ruled that provision in a foreigners will to the effect that his after such execution. In other words, the will of an incapable is
properties shall be distributed in accordance with Philippine law and not not validated by the supervening of capacity.
with his national law, is illegal and void, for his national law cannot be
Conversely, if the testator was of sound mind at the
ignored in view of those matters that Article 10 now Article 16 of
the Civil Code states said national law should govern. Where the testator time of the making of the will, the will is valid even if the testator
was a citizen of Texas and domiciled in Texas, the intrinsic validity of his should later on become insane and die in that condition. In other
will should be governed by his national law. Since Texas law does not words, supervening incapacity does not invalidate an effective
require legitimes, then his will, which deprived his illegitimate children of will.
the legitimes, is valid. The Supreme Court held that the illegitimate
children are not entitled to the legitimes under the texas law, which is the Q: If there is no proof as to the soundness of the mind of the
national law of the deceased.(Bellis v. Bellis, 20 S 358) testator at the time he executed his will, what is the status of his
The respective wills of the Cunanan spouses, who were American
will assuming that he complies with all other requisites for its
citizens, will only be effective in this country upon compliance with the validity?
following provision of the Civil Code of the Philippines: Art. 816. The will A: The will is valid. This is so because generally, in absence of
of an alien who is abroad produces effect in the Philippines if made with proof to the contrary, the law presumes that every person is of
the formalities prescribed by the law of the place in which he resides, or sound mind.
according to the formalities observed in his country, or in conformity with
those which this Code prescribes. Thus, proof that both wills conform Such presumption of soundness of mind, however, does not arise
with the formalities prescribed by New York laws or by Philippine laws is if the testator was:
imperative.(Vda. De Perez v. Tolete, 1994)
1. Publicly known to be insane, one month, or less,
before making his will;
TESTAMENTARY CAPACITY
2. Under guardianship at the time of the making of the
will.
Q: Who can make a will?
A: All persons who are not expressly prohibited by law may make
Mere weakness of mind or partial imbecility from disease of body
a will. (Art. 796)
or from age does not necessarily render a person incapable of
The law presumes capacity to make a will; hence, in order that a
making a will.
person may be disqualified to make one, he must be expressly
prohibited by law.
The ability as well as the power to make a will must be present
at the time of the execution of the will. Supervening incapacity
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Q: Who has the burden of proving that the testator acted in lucid Q: In case of a holographic will, what is the requirement for its
interval? validity? 138
A: The person who maintains the validity of the will based on the A: It must be entirely handwritten by the testator himself.
said ground. (Rabuya, Civil Law Reviewer, p. 530)
Q: What are the rules in relation to notarial or attested wills?
FORMAL VALIDITY RULES A: Notarial or attested will may be:
1. entirely handwritten by a person other than the
Q: What law governs the forms and solemnities of wills? testator;
A: It is the law of the country where the will was executed that 2. partly handwritten by the testator himself and partly
governs the form and solemnities of wills. (Art. 17, 1st handwritten by another person;
paragraph; Art. 815) 3. entirely printed, engraved or lithographed; or
4. partly handwritten (whether by testatoror another
Q: What are the effects of a will executed by an alien abroad? person) and partly printed, engraved or lithographed.
A: The will of an alien who is abroad produces effect in the (Rabuya, Civil Law Reviewer, p. 531)
Philippines if made with the formalities prescribed by the law of
the place in which he resides, or according to the formalities LANGUAGE/DIALECT REQUIREMENT
observed in his country, or in conformity with those which the
Civil Code prescribes. The circumstance appearing on the will itself, that it was executed in
Cebu City and in the dialect of the place where the testarix is a resident
Q: What are the effects of a will executed by an alien in the is enough to presume that she knew this dialect in the absence of any
proof to the contrary. On the authority of this case and that of Gonzales
Philippines?
v Laurel, it seems that for the presumption to apply, the following must
A: It shall produce the same effect as if it was executed in the appear: 1) that the will must be in a language or dialect generally spoken
Philippines if it is executed in in the place of execution, and, 2) that the testator must be a native or
accordance with the law of the country where he is a citizen or resident of the said locality. (Abangan v. Abangan, 40 P 476)
subject, and which might be proved and allowed by the law of
his own country. NOTARIAL WILLS
ATTESTATION AND SUBSCRIPTION, distinguised Q: Is the rule every will must be executed in a language known
to the testator mandatory?
Attestation Subscription A: Yes, otherwise, the will is void. (Suroza v. Honrado, 110 SCRA
An act of the senses An act of the hand 388)
Mental act Mechanical act
Purpose is to render available Purpose is identification Q: Is the fact that the will was executed in a language known to
proof during probate of the
the testator required to be stated in the attestation clause?
will, not only of the
authenticity of the will, but A: No. This fact can be established by extrinsic evidence or
also of its due execution evidence aliunde. (Lopez v. Liboro, 81 Phil. 429)
Attestation clause may be Subscription must always
placed at the beginning of be at the logical end of the Note: It will be presumed that the will was executed in a language or
the will. Placing it at the end will dialect known to the testator if the will was executed in a certain locality
is only for convenience and that the testator was a resident of that locality. (Rabuya, Civil Law
Reviewer, p. 532) Also, if the testator resides in a certain locality, it can
be presumed that he knows the dialect or the language in the said
LAW GOVERNING SUBSTANTIVE VALIDITY
locality. (Abangan v. Abangan, G.R. No. 13431, Nov. 12, 1919) The fact
that the testator knew the language need not appear on the face of the
Q: What are the matters mentioned in Article 15 of the New Civil will. This fact may be proven by extrinsic evidence.
Code which are governed by Philippine laws?
1. family rights and duties Q: What are the formalities in the execution of a notarial will?
2. status; A:
3. condition; and 1. In Writing;
4. legal capacity of persons. 2. Executed in a language or dialect known to the
testator;
Q: What are the matters pertaining to intestate and 3. Subscribed by the testator himself or by the testators
testamentary successions which are regulated by the national name written by some other person in his presence and
law of the deceased? under his express direction at the end thereof, at the
A: 1. Order of succession presence of witnesses;
2. amount of successional rights 4. Attested to and subscribed by at least 3 credible
3. intrinsic validity of testamentary provisions witnesses in the presence of the testator and of one
4. capacity to succeed. another;
5. Each and every Page must be signed by the testator
Q: Is the rule that every will must be in writing mandatory? or by the person requested by him to write his name,
A: Yes. If the will is not in writing, it is void and cannot be and by instrumental witnesses in the presence of each
probated. (Rabuya, Civil Law Reviewer, p. 531) other, on the left margin;
6. Each and every page of the will must be Numbered
Note: Philippine laws do not recognize the validity of nuncupative wills,
correlatively in letters placed on the upper part of each
which are oral wills declared or dictated by the testator and dependent
merely on oral testimony.
page;
7. Must contain an Attestation clause, stating the
following:
a. The number of pages of the will,
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
b. Fact that the testator signed the will and every page legacy given, shall be void, unless there are 3 other competent
in the presence of witnesses, or caused some other witnesses to such will. (Art. 823 NCC) 139
person to write his name under his express direction, If the witness is instituted as heir, not as devisee or
c. All witnesses signed the will and every page thereof legatee, the rule would still apply, because undue influence or
in the presence of the testator and of one another; pressure on the part of the attesting witness would still be
8. Must be acknowledged before a Notary public. present.
Creditors of the testator are not disqualified to be a witness to
Q: What is the rule in cases of omissions in the will? the will.
A: Omissions which can be supplied by an examination of the will
itself, without the need of resorting to extrinsic evidence, will not Q: A testator was born blind. He went to school for the blind,
be fatal and, correspondingly, would not obstruct the allowance and learned to read in Braille language. He speaks English
to probate of the will being assailed. fluently. Can he:
However, evidence aliunde are not allowed to fill a void
in any part of the document or supply missing details that should 1. Make a will?
appear in the will itself. They only permit a probe into the will, an A: He can make a notarial will. A blind man is not expressly
exploration into its confines, to ascertain its meaning or to prohibited from executing a will. In fact, Art. 808 of NCC provides
determine the existence or absence of the requisite formalities of for additional formality when the testator is blind. He however,
law. (Caneda v. CA, G.R. No. 103554, May 28, 1993) may not make a holographic will in Braille because the writing in
Braille is not a handwriting. A holographic will to be valid must be
Q: What are the special requirements if the testator is deaf or entirely written, signed and dated by the testator in his own
mute? handwriting.
A:
1. If the testator is able to read, he must personally read 2. Act as a witness to a will?
the will; or A: A blind man is disqualified by law to be a witness to a notarial
2. If the testator is unable to read, he must designate two will.
persons to read it and communicate to him, in some
practicable manner, the contents thereof. (Art. 807; see 3. In either of the instances, must the will be read to him?
Rabuya, Civil Law Reviewer, p. 559) A: In case he executes a notarial will, it has to be read to him
The law does not require that the persons reading and twice. First by one of the instrumental witnesses, and second by
communicating the contents of the will be the instrumental the notary public before whom the will was acknowledged.
witnesses.
HOLOGRAPHIC WILLS
Q: What are the special requirements if the testator is blind?
A: The will shall be read to him twice, once by one of the Q: What is a holographic will?
subscribing witnesses, and another time by the notary public A: A holographic will is one entirely written, dated, and signed by
before whom the will is acknowledged. the hand of the testator himself. It is subject to no other form,
Art. 808 applies not only to blind testators but also to and may be made in or out of the Philippines, and need not be
those who, for one reason or another, are incapable of reading witnessed. (Art. 810)
their wills, either because of poor or defective eye sight or
because of illiteracy. Q: What are the formalities required in the execution of
holographic will?
Q: When is a will not rendered invalid by reason of defects or A:
imperfections in the form of attestation or in the language used 1. Signed by testator himself;
therein? 2. Executed in a language or dialect known to him;
A: If the will is executed in substantial compliance with all the 3. Entirely written; and
requirements of Article 805, in the absence of bad faith, forgery, 4. Dated
fraud, undue and improper pressure or influence.
Note: In case of any insertion, cancellation, erasure or alteration in a
WITNESSES holographic will, the testator must authenticate the same by his full
signature.
Q: What are the qualifications of witnesses?
Q: What are the effects of insertions or interpolations made by a
A: Witnesses to a will must be:
3rd person?
1. Of Sound mind.
A:
2. At least 18 years of age.
General Rule: When a number of erasures,
3. Able to read and write
corrections, cancellation, or insertions are made by the testator
4. Not Blind, deaf or dumb
in the will but the same have not been noted or authenticated
5. Not have been convicted by final judgment of
with his full signature, only the particular words erased,
falsification of a document, perjury or false testimony.
corrected, altered will be invalidated, not the entirety of the will.
6. Domiciled in the Philippines
Exception:
1. Where the change affects the essence of the will of
Q: Will the beneficial interest of a witness in a will disqualify him
the testator;
as such?
A: Beneficial interest in a notarial will does not disqualify one as
Note: When the holographic will had only one substantial provision,
a subscribing witness, but it may, or may not nullify the devise or which was altered by substituting the original heir with another, and the
legacy given to the said witness. same did not carry the requisite full signature of the testator, the entirety
A witness who attests the execution of a will, and to of the will is voided or revoked.
whom, or to whose spouse, parent or child, or anyone claiming
the right of said witness, spouse, parent or child, a devise or Reason: What was cancelled here was the very essence of the will; it
amounted to the revocation of the will. Therefore, neither the altered text
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
nor the original unaltered text can be given effect. (Kalaw v. Relova, G.R. holographic will is contested, the law requires three witnesses to declare
No. L 40207, Sept. 28, 1984) that the will was in the handwriting of the deceased.
The execution and contents of a lost or destroyed holographic 140
2. Where the alteration affects the date of the will or will may not be proved by the bare testimony of witnesses who have
the signature of the testator. seen or read such will. The will itself must be presented; otherwise, it
3. If the words written by a 3rd person shall produce no effect. (Gan v. Yap, 104 Phil. 509; id.)
But a photostatic copy or Xerox copy of the holographic will
were contemporaneous with the execution of the will,
may be allowed because comparison can be made with the standard
even though authenticated by the testator, the entire writings of the testator. (Rodelas v. Aranza, 119 SCRA 16)
will is void for violation of the requisite that the
holographic will must be entirely in the testators
handwriting. ALTERATIONS
As to Gregorios claim, the absence of proper authentication is fatal to his
Q: What are the rules in case of insertion, cancellation, erasure
cause. As to Rosas claim, to state that the will as first written should be
given efficacy is to disregard the seeming change of mind of the testatrix. or alteration?
But that change of mind can neither be given effect because she failed to A: In case of insertion, cancellation, erasure or alteration in a
authenticate it in the manner required by law by affixing her full holographic will, the testator must authenticate the same by his
signature. (Kalaw v. Hon. Relova, etc., et al., G.R. No. L40207, Sept. 28, full signature. Full signature refers to the testators habitual,
1984) usual and customary signature.
DATE Note: Where the testator himself crossed out the name of the heir
named, and substituted the name of another, without authentication, it
Q: Why is the date in a holographic will important? was held that this did not result in making the person whose name was
A: To establish if there was testamentary capacity at the time crossed as heir. (Kalaw v. Relova, 132 SCRA 237; id.)
the will was executed. Also, should there be conflicting wills, it
can establish which will was executed later. JOINT WILLS
Q: Is it required that the date of the will should include the day, Q: Are joint wills allowed in the Philippines?
month and year of its execution? A: Two or more persons cannot make a will jointly, or in the
A: same instrument, either for their reciprocal benefit or for the
General Rule: The "date" in a holographic will should benefit of a third person.
include the day, month, and year of its execution. Wills, prohibited by Article 818, executed by Filipinos in
Exception: When there is no appearance of fraud, bad a foreign country shall not be valid in the Philippines, even
faith, undue influence and pressure and the authenticity of the though authorized by the laws of the country where they may
will is established and the only issue is whether or not the date have been executed.
appearing on the holographic will is a valid compliance with Art.
810, NCC, probate of the holographic will should be allowed CODICILS
under the principle of substantial compliance.
Q: What is a codicil?
Note: In this case, the date was written as "FEB./61 " (Roxas v. De A: A codicil is a supplement or addition to a will, made after the
Jesus G.R. No. L38338 January 28, 1985). The exact date though execution of a will and annexed to be taken as part thereof, by
indicated only by implication, must be with certainty. which any disposition made in the original will is explained,
added to, or altered. A codicil is executed after the execution of
WITNESSES REQUIRED FOR PROBATE a prior will. It must be executed in accordance with all the
formalities required in executing a will.
Q: What are the rules governing the probate of holographic
wills? INCORPORATION BY REFERENCE
A: In the post mortem probate of holographic wills, the following
rules are to be observed as to the number of witnesses to be Q: What is incorporation by reference?
presented: A: Incorporation by reference is the incorporation of an extrinsic
1. If the will is not contested, it shall be necessary document or paper into a will by reference so as to become a
that at least one witness who knows the part thereof.
handwriting and signature of the testator explicitly The documents or papers incorporated will be
declares that the will and the signature are in the considered part of the will even though the same are not
handwriting of the testator. executed in the form of a will.
2. If the will is contested, at least three of such The doctrine of incorporation by reference is not applicable in a
witnesses shall be required. holographic will unless the documents or papers incorporated by
3. In the absence of any competent witness and if the reference are also in the handwriting of the testator.
court deems it necessary, expert testimony may be
resorted to. (Art. 811; Rabuya, Civil Law Reviewer, Q: What are the requisites of incorporation by reference?
p. 563) A:
1. Document referred to in the will must be in existence
Note: In an earlier case, it was held that even if the genuineness of the at the time of the execution of the will;
holographic will is contested, Article 811 of the NCC cannot be 2. The will must clearly Describe and identify the same;
interpreted as to require the compulsory presentation of three witnesses 3. It must be identified by clear and satisfactory proof
to identify the handwriting of the testator, under penalty of having the
as the document or paper referred to therein;
probate denied. (Codoy v. Calugay, 312 SCRA 333)
In a later case, however, the Court ruled that the requirement 4. It must be Signed by the testator and the witnesses
of at least three witnesses in case the will is contested is mandatory. The on each and every page, except in case of voluminous
Court explained that the possibility of a false document being adjudged books of account or inventories.
as the will of the testator cannot be eliminated, which is why if the
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
REVOCATION 3. The subsequent instrument must either contain a
revocatory clause or be incompatible with the prior will 141
Q: What is revocation? (totally or partially)
A: An act of the mind terminating the potential capacity of the 4. The revoking will must be admitted to probate.
will to operate at the death of the testator, manifested by some
outward and visible act or sign, symbolic thereof. Q: What is the Principle of Instanter?
Q: When may the testator revoke a will? A: The express revocation of the 1st will renders it void because
A: A will may be revoked by the testator at any time before his of the revocatory clause of the second will, not being
death. Any waiver or restriction of this right is void. testamentary in character operates to revoke the previous will
instantly upon execution of the will containing it.
Q: May the right of the testator to revoke the will be waived or
restricted? Q: Can there be an instance where a subsequent will, which is
A: No, the testators right to revoke during his lifetime is incompatible with the prior will, and such prior will subsist at the
absolute. It can neither be waived nor restricted. This is because same time?
a will is ambulatory. A: Yes. The fact that the subsequent will is posterior and
incompatible with the first does not mean that the first is entirely
Q: What law governs in case of revocation? revoked because the revocation may be total or partial.
1. If the revocation takes place in the Philippines, The execution of a subsequent will does not ipso facto
whether the testator is domiciled in the Philippines or in revoke a prior will.
some other country Philippine laws In case of inconsistent wills, the subsequent will prevails over the
2. If the revocation takes place outside the Philippines: prior will because it is the latest expression of testamentary
a. by a testator who is domiciled in the Philippines intent of the testator.
Philippine laws The subsequent will which do not revoke the previous will in an
b. by a testator who is not domiciled in this country express manner, only annuls the dispositions in the previous will
i. Laws of the place where the will was made, or which are inconsistent with or contrary to those contained in the
ii. Laws of the place in which the testator had his subsequent will.
domicile at the time of revocation. (Art. 829)
REVOCATION BY PHYSICAL DESTRUCTION
Q: What are the modes of revoking a will?
A: Q: What are the requisites of revocation by physical act of
1. By implication of law; destruction?
2. By the execution of a subsequent document; A:
3. By physical destruction through burning, cancelation 1. Overt act of physical destruction;
or obliteration. 2. Testamentary capacity of the testator at the time of
performing the act of revocation;
REVOCATION BY IMPLICATION OF LAW 3. Animus Revocandi intention to revoke;
4. Performed by testator himself or other person in the
Q: Discuss revocation by implication of law. presence and express direction of the testator.
A: Revocation is produced by implication of law when certain
acts or events take place after a will has been made, rendering Note: The physical destruction may be done by the testator personally
void or useless either the whole will or certain testamentary or by another person acting in his presence and by his express direction.
dispositions therein. The law presumes a change of mind on the It is not necessary that the will be totally destroyed. It is sufficient if on
the face of the will, there is shown some sign of the physical act of
part of the testator due to certain changed circumstance
destruction. The physical act of destruction of a will, like burning, does
pertaining to the family relations or in the status of the property. not per se constitute an effective revocation, unless the destruction is
coupled with animus revocandi on the part of the testator. (Maloto v.
Q: How are wills revoked by operation of law? CA, G.R. No. 76464, Feb. 29, 1988)
A:
1. When after the testator has made a will, he sells or Q: What is the effect if the person directed by the testator to
donates the legacy or devise; revoke his will is incapacitated to make a will such as when he is
2. Provisions in a will in favor of a spouse who has given below 18 years of age?
cause for legal separation; The revocation shall take A: None. In revocation of wills, what is essential is the capacity
place the moment the decree of legal separation is of the testator to revoke. The capacity of the person directed by
granted. the testator to revoke his will is immaterial.
3. When an heir, legatee or devisee commits an act of
unworthiness; Q: What is the Doctrine of Dependent Relative Revocation?
4. When a credit that has been given as a legacy is A: Where the testators act of destruction is connected with the
judicially demanded by the testator; making of another will, so as fairly to raise the inference that the
5. When one, some or all the compulsory heirs have testator meant the revocation of the old to depend upon the
been preterited or omitted efficacy of the new disposition intended to be substituted, the
revocation will be conditional and dependent upon the efficacy of
REVOCATION BY EXECUTION OF A SUBSEQUENT the new disposition; and if, for any reason, the new will intended
INSTRUMENT to be made as a substitute is inoperative, the revocation fails and
the original will remains in full force. (Molo v. Molo, G.R. No.
Q: What are the requisites of revocation by subsequent will or L2538, Sept. 21, 1951)
codicil? Simply put, for this doctrine to operate, the testator
1. The subsequent instrument must comply with the must have intended that the revocation of his first will be
formal requirements of a will dependent on the validity of his second will. In this case the
2. The testator must possess testamentary capacity intention of the testator is clear: He does not want to die
intestate.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Note: Failure of the new testamentary disposition upon whose validity Q: The testator devised a part of his estate to his concubine,
the revocation depends is equivalent to the nonfulfillment of a which fact of concubinage was stated in his will. On probate, the
suspensive condition and thus prevents the revocation of the original will. court ruled that the will was validly executed but the devise in
142
Revocation of a will based on a false cause or an illegal cause is null and
favor of the concubine is null and void. Can the probate court
void.
pass upon the intrinsic validity of the testamentary provision
Q: What is the rule in case of revocation based on false or illegal
stated in the will?
cause?
A: Yes. While as a general rule, in probate proceedings, the
A: Revocation based on a false or illegal cause is null and void.
courts area of inquiry is limited to an examination and resolution
Requisites:
of the extrinsic validity of the will, given exceptional
1. The cause must be concrete, factual and not purely
circumstances, the probate court is not powerless to do what the
subjective
situation constrains it to do and pass upon certain provisions of
2. It must be false
the will, as in this case. (Nepomuceno v. CA, G.R. No. 62952,
3. The testator must not know of its falsity
Oct. 9, 1985)
4. It must appear from the will that the
The SC held as basis its finding that in the event of
testator is revoking because of the cause which is false.
probate of the will, or if the court rejects the will, probability
exists that the case will come up once again on the same issue of
Q: The will contains a statement whereby the testator recognizes
the intrinsic validity or nullity of the will, the same will result in
his illegitimate child. This will was revoked. May the revoked will
waste of time, effort, expense plus added anxiety.
be used as basis for proving the said recognition?
A: Yes. Recognition in a will of an illegitimate child does not lose
Q: Can a probate court decide on questions of ownership?
its legal effect even if the will is revoked.
A:
General Rule: A probate court has no jurisdiction to
ALLOWANCE AND DISALLOWANCE OF WILLS
decide questions of ownership.
Exception:
PROBATE
1. When the parties voluntary submit the issue of
ownership to the court;
Q: What is probate?
2. When provisionally, the ownership is passed upon to
A: It is a special proceeding mandatorily required for the purpose
determine whether or not the property involved is part
of establishing the validity of a will. No will shall pass either real
of the estate.
or personal property unless it is proved and allowed in
3. The question of ownership is an extraneous matter
accordance with the Rules of Court.
which the probate court cannot resolve with finality.
Probate does not deal with the intrinsic validity of the
testamentary provisions.
Note: SC held that the case of Leano v . Leano (25 Phil., 180), which
Even if only one heir has been instituted, there must still be a sanctioned the extrajudicial partition by the heirs of the properties left by
judicial order of adjudication. a decedent, but not the nonpresentation of a will for probate, cannot be
Even if a will has already been probated, if later on a subsequent relied upon as an authority for the unprecedented and unheard of
will is discovered, the latter may still be presented for probate, as procedure adopted by Rosario in this case, in the face of express
long as two wills can be reconciled. mandatory provisions of the law requiring her to present the will to the
court for probate. It does not affirmatively appear in the decision in that
Q: Does prescription apply to probate of wills? case that the partition made by the heirs was not in accordance with the
will or that they in any way disregarded the will. No question of law was
A: The statute of limitations is not applicable to probate of wills
raised and decided in that case. (Guevara v. Guevara G.R. No. 48840,
(Imprescriptibility of Probate) Probate proceedings are not Dec. 29, 1943)
established in the interest of the surviving heirs, but primarily for
the protection of the expressed wishes of the testator. Q: When a person dies testate, may his heirs opt for an
extrajudicial partition instead of having the will probated?
Q: What are the characteristics of a probate proceeding? A: No. In the subsequent case of Riosa v. Rocha (1926), 48 Phil.
1. Special proceeding; 737, the Court held that an extrajudicial partition is not proper in
2. Proceeding in rem; testate succession.
3. Not contentious litigation;
4. Mandatory; EFFECT OF FINAL DECREE OF PROBATE
5. Imprescriptible;
Q: What is the scope of a final decree of probate?
Q: What are the different kinds of probate? A: A final decree of probate is conclusive as to the due execution
A: of the will, i.e., as to the extrinsic or formal validity only.
1. Antemortem testator himself petitions the court for
the probate of his own will. Q: What are the grounds for disallowance of a will?
2. Postmortem another person applies for probate of A:
the will after the testators death. 1. The Formalities required by law have not been
complied with;
Q: What are the questions that can be determined by a probate 2. The testator was Insane or mentally incapable of
court? making will;
A: General Rule: Probate courts cannot inquire into the 3. The will was executed through Force or under duress,
intrinsic validity of will or influence of fear or threats;
The only questions that can be determined by a probate 4. The will was procured by Undue and improper
court are the: pressure and influence, on part of the beneficiary or
1. Due execution some other person;
2. Testamentary capacity 5. The Signature of testator was procured by fraud.
3. Identity of the will 6. The testator acted by Mistake or did not intend that
the instrument he signed should be his will.
Exception: Practical considerations
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Note: The list is exclusive. A will is either valid or void. There is no such Q: What are the effects if a will does not contain an institution of
thing as a voidable will. heir?
A: The will shall be valid even though it does not contain an
143
Q: When do the following acts constitute as grounds for institution of heir, or such institution should not comprise the
disallowance? entire estate, and even though the person so instituted should
not accept the inheritance or should be incapacitated to succeed.
1. Violence )
A: when in order to compel the testator to execute a will, serious Note: Institution of heirs is not indispensable and its absence will
or irresistible force is employed. not render the will void, provided there are other testamentary
dispositions, like devises and legacies or where the will merely
2. Intimidation disinherits a compulsory heir.
A: when the testator is compelled by a reasonable and
wellgrounded fear of an imminent and grave evil upon his Q: What are the three principles in the institution of heirs?
person or property of his spouse, descendants, or ascendants, to A:
execute the will. 1. Equality heirs who are instituted without a designation
of shares inherit in equal parts.
3. Undue Influence Applies only when the heirs are of the same class or
A: when a person takes improper advantage of his power over same juridical condition and involves only the free
the will of another, depriving the latter of a reasonable freedom portion.
of choice. As between a compulsory heir and a voluntary heir and
they are instituted without any designation of shares,
4. Mistake the legitime must first be respected and the free portion
A: Pertains to the mistake in execution which may either be: shall then be equally divided between them.
1. mistake as to the identity or character 2. Individuality heirs collectively instituted are deemed
of the instrument which he signed, or individually instituted unless contrary intent is proven.
2. mistake as to the contents of the will 3. Simultaneity when several heirs are instituted, they are
itself. instituted simultaneously and not successively, unless
the contrary is proved.
Q: What other defects of the will, if any, can cause denial of
probate? Q: May a conceived child be instituted as an heir?
A: There are no other defects of the will that can cause denial of A: A conceived child may be instituted, provided the conditions in
probate. Art. 805 of the Civil Code provides that the will must be Arts. 40 and 41 are present (Conceptus pro natohabetur).
subscribed at the end thereof by the testator, and subscribed by
three or more credible witnesses in the presence of the testator Q: What is the effect if the institution of heir is based on a false
and of one another. The driver, the cook and the lawyer who cause?
prepared the will are credible witnesses. The testator and the A:
instrumental witnesses of the will, shall also sign, each and every General Rule: The institution of heir is valid. The false
page of the will proper, except the last, on the left margin, and cause shall be considered simply as not written.
all the pages shall be numbered correlatively in letters placed of Exception: If from the will itself, it appears that the
the upper part of each page. testator would not have made the institution if he has
It has been held, however, that the testators signature known the falsity of the cause, the institution shall be
is not necessary in the attestation clause, and that if a will void. In case of illegal cause, the cause shall be
consists of two sheets, the first of which contains the considered as not written, unless the illegal cause is the
testamentary dispositions, and is signed at the bottom by the principal reason or motive for the disposition, in which
testator and the three witnesses, and the second sheet contains case the institution shall be void.
the attestation clause, as in this case, signed by 3 witnesses,
marginal signatures and paging are not necessary. After all, the Q: The testatrix devised a parcel of land to Dr.Rabadilla. It was
object of the law is to avoid substitution of any of the sheets of provided that Dr.Rabadilla will acquire the property subject to the
the will. (Abangan v. Abangan, 40 Phil. 476 [1919]; In Re: Will of obligation, until he dies, to give Maria 100 piculs of sugar, and in
Tan Diuco, 45 Phil 807 [1924]). the event of nonfulfillment, the property will pass to the nearest
descendants of the testatrix. When Dr.Rabadilla died, Maria filed
INSTITUTION OF HEIRS a complaint to reconvey the land alleging that the heirs of
Dr.Rabadilla violated the condition. Is the institution of
Q: How is institution of heir defined under Article 840? Dr.Rabadilla, a modal institution?
A: Institution of heir is an act by virtue of which a testator A: Yes, because it imposes a charge upon the instituted heir
designates in his will the person or persons who are to succeed without, however, affecting the efficacy of such institution.
him in his property and transmissible rights and obligations. In a modal institution, the testator states the object of
Institution cannot be allowed to affect the legitime. the institution, the purpose or application of the property left by
There can be an instituted heir only in testamentary succession. the testator, or the charge imposed by the testator upon the
heir. A mode imposes an obligation upon the heir or legatee but
Q: What are the requisites of a valid institution? it does not affect the efficacy of his rights to the succession. The
A: condition suspends but does not obligate; and the mode
1. The will must be extrinsically valid; obligates but does not suspend. (Rabadilla v. CA, G.R. No.
2. The institution must be intrinsically valid;The legitime 113725, June 29, 2000)
must not be impaired, the person instituted must be
identified or identifiable, and there is no preterition.
3. The institution must be effective.
No repudiation by the heir; testator is not predeceased
by the heir.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
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CIVIL LAW I REVIEWER
PRETERITION 3. If the omitted compulsory heir dies before testator,
institution shall be effectual, without prejudice to right 144
Q: What is preterition? of representation
A:Preterition is the omission in testators will of one, some or all
of the compulsory heirs in the direct line, whether living at the Q: Who are the compulsory heirs in the direct line?
time of execution of the will or born after the death of the A:
testator. Legitimate children and descendants with respect to
their legitimate parents or ascendants;
Q: What does born after the death of the testator mean? Legitimate parents or ascendants, with respect to their
A: It simply means that the omitted heir must already be legitimate children and descendants;
conceived at the time of death of the testator but was born only Illegitimate children
after the death of the testator. The father or mother of illegitimate children
Q: What are the requisites of preterition? Q: What is the effect of preterition on the will itself?
A: A:
1. There is a total omission in the inheritance; General Rule: The effect of annulling the institution of
2. The person omitted is a compulsory heir in the direct line; heirs will be, necessarily, the opening of a total intestacy except
3. The omitted compulsory heir must survive the testator, or in that proper legacies and devises must be respected. Here, the
case the compulsory heir predeceased the testator, there is a will is not abrogated.
right of representation; Exception: If the will contains a universal institution of
4. Nothing must have been received by the heir by gratuitous heirs to the entire inheritance of the testator, the will is totally
title. abrogated.
Reason: The nullification of such institution of the universal heirs
Preterition Disinheritance without any other testamentary disposition in the will amounts to
Deprivation of a compulsory Deprivation of a a declaration that nothing at all was written.
heir of his legitime is tacit compulsory heir of his
legitime is express Q: What are the rights of the preterited heirs?
May be voluntary but the law Always voluntary A: They are entitled not only to their shares of the legitime but
presumes that it is involuntary
also to those of the free portion which was not expressly
Law presumes that there has Done with legal cause
been merely an oversight or
disposed of by the testator by way of devises and legacies.
mistake on the part of the
testator Q: What is the effect if the heir predeceases the testator?
Omitted heir gets not only his If disinheritance is not A: If the heir who predeceases the testator is a voluntary heir, a
legitime but also his share in lawful, compulsory heir devisee or a legatee, he shall transmit no right to his own heirs.
the free potion not disposed of is merely restored to his The rule is absolute with respect to a voluntary heir and a
by way of legacies/devises legitime devisee or legatee.
Right of representation only applies to compulsory heirs
Q: May a spouse be preterited? in the direct descending line, and in the collateral line, only in
A: No. While a spouse is a compulsory heir, he/she is not in the favor of children of brothers and sisters.
direct line (ascending or descending). There is no right of representation in the ascending line.
The representative inherits directly not from the person
Q: When is there a total omission of a compulsory heir? represented, but from the one whom the person would have
A: There is total omission when the heir: succeeded.
1. Receives nothing under the will whether as heir, The rule also applies in case the heir becomes
legatee, or devisee; incapacitated to succeed, or was disinherited.
If a compulsory heir is given a share in the inheritance, Q: What is the effect if the heir repudiated or renounced his
no matter how small, there is no preterition. inheritance?
A: An heir who renounced his inheritance, whether as
However, if a compulsory heir gets less than his compulsory or as voluntary heir, does not transmit any right to
legitime, while this is not a case of preterition. In this his own heirs. An heir who repudiated his inheritance, may
case, he is entitled to a completion of his legitime under represent the person whose inheritance he has renounced.
Art. 906.
SUBSTITUTION OF HEIRS
2. Has received nothing by way of donation inter
vivos or propter nuptias; and Q: What is substitution?
A: Substitution is the appointment of another heir so that he may
If a compulsory heir has already received a donation enter into the inheritance in default of the original heir.
from the testator, there is no preterition. A donation to
a compulsory heir is considered an advance of the Q: What are the different kinds of substitution?
inheritance. 1. Simple/common takes place when the heir
instituted:
3. Will receive nothing by way of intestate succession. a. predeceases testator;
b. repudiates the inheritance; or
Q: What are the effects of preterition? c. is incapacitated to succeed
A:
1. Preterition annuls the institution of heirs; Simple substitution without a statement of the causes,
2. Devices and legacies are valid insofar as they are not to which it refers, shall comprise the 3 above mentioned
inofficious; situations.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
2. Brief/compendious when two or more persons are Q: Is the fiduciary allowed to make deductions to the
substituted for one or for two or more heirs. inheritance? 145
A:
3. Reciprocal one heir designated as substitute for General Rule: The fiduciary should deliver the
instituted heir while latter property intact and undiminished to the fideicommisary
is simultaneously instituted as substitute for former. heir upon arrival of the period
Exception: The only deductions allowed, in the
The substitute enters into the inheritance not as an heir absence of a contrary provision in the will are:
succeeding the first heir, but as an heir of the testator. 1. Legitimate expenses;
2. Credits;
FIDEICOMMISSARY SUBSTITUTION 3. Improvements
Q: What is the effect of alienation of the property subject to the Capacity To Succeed Of Fiduciary And Fideicommissary
fideicommissary substitution by the first heir?
A: The transfer is not valid. The fiduciary cannot alienate the The first and second heir must both be living and qualified at the
property either by an act inter vivos or mortis causa. He is bound time of the death of the testator.
to preserve the property and transmit it to the second heir or
fideicommissary. Q: Why must both the first and second heir be living and
qualified at the time of the death of the testator?
Q: What is the period of the fiduciarys tenure? A: The fideicommissary inherits not from the first heir but from
A: the testator, thus, the requirement that the fideicommissary be
1. Primary rule the period indicated by the testator alive or at least conceived at the time of the testators death. The
2. Secondary rule if the testator did not indicate a fideicommissary substitution must not be imposed on the
period, then the fiduciarys lifetime legitime, only on the free portion.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
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CIVIL LAW I REVIEWER
Q: Do the heirs to a fideicommissary substitution inherit period which shall not excedd 20 years 2.) when there is reserve
successively? troncal 3.) Family Home 146
A: No. Both the first heir and the fideicommissary inherit the
property simultaneously, although the enjoyment and possession Q: What is the Sabinnean Doctrine?
are successive. A: Impossible conditions and those contrary to law or good
From the moment of death of the testator, the rights of the first customs are presumed to have been imposed erroneously or
heir and the fiduciary are vested. through oversight, thus, are considered as not imposed.
Q: What is the effect if the fideicommissary predeceases the Q: Is the condition not to contract a first marriage valid?
fiduciary? A: An absolute condition not to contract a first marriage is
A: If the fideicommissary predeceases the fiduciary, but survives always void and will be considered as not written.
the testator, his rights pass to his own heirs.
Q: What is meant by disposicioncaptatoria?
Q: What is the remedy of the fideicommissary to protect himself A: The condition that the heir shall make some provision in his
against alienation to an innocent third person? will in favor of the testator or any other person is what is known
A: If the first heir was able to register the property in his name, as condition captatoria. Consequently, if the testator makes a
fideicommissary should annotate his claim on the land on the testamentary disposition in his will subject to such condition, it is
title to protect himself against any alienation in favor of innocent known as disposicioncaptatoria. Under our law, not only the
third parties. When the property passes to the fideicommissary, condition but the entire testamentary disposition shall be void.
there is no more prohibition to alienate.
DISINHERITANCE
Q: What is the effect of the nullity of the fideicommissary
substitution? Q: What is disinheritance?
A: The nullity of the fideicommissary substitution does not A: It is the act of the testator in depriving a compulsory heir of
prejudice the validity of the institution of the heirs first his legitime for causes expressly stated by law.
designated; the fideicommissary clause shall simply be
considered as not written. Requisites:
a. For causes expressly stated by law;
Q: If the testator gives the usufruct to different persons b. Must be stated in the will
successively, what rules will apply? c. Cause must be certain and true;
A: The provisions on fideicommissary substitution also apply in a d. Unconditional
case where the testator gives the usufruct to various persons e. Total or complete;
successively. f. The heir disinherited must be designated in such a
manner that there can be no doubt as to his identity
CONDITIONAL TESTAMENTARY DISPOSITIONS AND g. Effected only through a valid will
TESTAMENTARY DISPOSITIONS WITH A TERM h. For an existing cause
i. Will must have been revoked
Q: What is a term?
A: It is any future and certain event upon the arrival of which the Q: What are the effects of disinheritance?
validity or efficacy of a testamentary disposition subject to it A:
depends. 1.) Deprivation of the compulsory heir who is
A disposition with a suspensive term does not prevent disinherited of any participation in the inheritance
the instituted heir from acquiring his rights and transmitting them including the legitime and free portion
to his heirs even before the arrival of the term. The right of the 2.) The children/descendants of the person disinherited
heir instituted subject to a term is vested at the time of the shall take his or her place and shall preserve the rights
testator's death he will just wait for the term to expire. of compulsory heirs with respect to the legitime.
If the heir dies after the testator but before the term 3.) The disinherited parent shall not have the usufruct
expires, he transmits his rights to his own heirs because of the or administration of the property which constitutes the
vested right. legitime.
Q: When the disposition is subject to a term, what should be Q: What are the instances of Imperfect Disinheritance?
done by the instituted heirs or legal heirs so that they can enjoy A:
possession of the property? 1. No cause stated;
A: If the disposition is subject to a: 2. No true cause;
1. Suspensive term The legal heirs can enjoy a. No legal cause
possession of the property until the expiration of the b. No total or is conditional
period but they must put up a bond (caucionmuciana) in c. Subsequent reconciliation
order to protect the right of the instituted heir.
2. Resolutory term The legal heirs can enjoy Q: What are the common causes for disinheritance of children or
possession of the property but when the term arrives, descendants, parents or ascendants, and spouse?
he must give it to the legal heirs. The instituted heir A:
does not have to file a bond. 1. When the heir has been found guilty of an attempt
against the life of the testator, his/her descendants or
Q: Explain the principle of untouchability of legitime. ascendants, or spouse in case of children and parents;
A: The testator cannot impose any charge, burden, 2. When the heir by Fraud, violence, intimidation, or undue
encumbrance, condition, or substitution whatsoever upon the influence causes the testator to make a will or to
legitime of the compulsory heirs except 1.) when the testator change one already made;
declares that the hereditary estate shall not be partitioned for a 3. When the heir has accused the testator of a crime for
which the law prescribes imprisonment for 6 years or
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
more, if the accusation has been found groundless; and or the administrator, unless the testator expressly burdens a
accusation may either in the capacity of a complainant particular heir, legatee or devisee with their payment. 147
or a witness, If there is an administration proceeding, the executor or
There must be a judicial declaration that the accusation administrator shall be obligated. If there is none, it will be
has been found groundless. performed by the heirs themselves.
4. Refusal without justifiable cause to support the testator
who disinherits such heir. Q: What are the limitations on the burden?
A: 1. If imposed upon a compulsory heir such burden cannot
Q: What are the peculiar causes for disinheritance? be imposed upon the legitime.
1. Children/Descendants 2. In so far as the legatee or devisee is concerned, he shall
a. Conviction of a crime which carries with it a penalty be liable for the charge only to the extent of the value
of civil interdiction; of the legacy or devise received by him.
b. Maltreatment of the testator by word or deed by
the children/descendants Q: How is a legacy of a specific thing made?
c. When the child/descendant has been convicted of A:
Adultery or concubinage with the spouse of the Legacy or devise of a thing belonging to another [Art.
testator. 930, CC]
d. When the child/descendant leads a dishonorable or Testator erroneously believed that the Void
disgraceful life. property belonged to him
2. Parents/Ascendants Effective
a. When the parent/ascendant has been convicted of The thing bequeathed afterwards becomes
adultery or concubinage with the spouse of the his by whatever title
testator.
Legacy or devise of thing already belonging to the
b. When the parents have abandoned their children or
legatee or devisee
induced their daughters to live a corrupt or immoral The thing already belongs to the legatee Ineffective
life, or attempted against their virtue; or devisee at the time of the execution of
c. Loss of parental authority for causes specified in the will [Art. 932, CC]
the code. The thing is subject to an encumbrance or Valid only as to
interest of another person [Art. 932, CC] the interest or
Revocation of Disinheritance encumbrance
Legatee or devisee subsequently alienates Ineffective
1. Reconciliation the thing [Art. 933,CC]
2. Subsequent institution of the disinherited heir, and After alienating the thing, the legatee or Ineffective
3. Nullity of the will which contains the disinheritance devisee subsequently reacquires it
gratuitously [Art. 933, CC]
Reconciliation After alienating the thing, the legatee or Legatee or devisee
devisee acquires it by onerous title [Art. can demand
It is the resumption of genuine cordial relationship 933, CC] reimbursement
between the testator and the disinherited heir, approximating from the heir or
that which prevailed before the testator learned of the cause for estate
disinheritance, reciprocally manifested by their actions
subsequent to the act of disinheritance. Q: What is a legacy of credit?
A: It takes place when the testator bequeaths to another a credit
Q: What are the effects of subsequent reconciliation if ground for against a third person. In effect, it is a novation of the credit by
disinheritance is unworthiness to succeed? the subrogation of the legatee in the place of the original
A: creditor.
1. If disinheritance has been made. Rule on reconciliation
applies. The disinheritance becomes ineffective. Q: What is a legacy of remission?
2. If disinheritance has not been made. Rule on A: It is a testamentary disposition of a debt in favor of the
reconciliation does not apply. The heir continues to be debtor. The legacy is valid only to the extent of the amount of
incapacitated to succeed unless pardoned by the the credit existing at the time of the testator's death. In effect,
testator under the Civil Code. the debt is extinguished.
Note:
LEGACIES AND DEVISES
1. Legacy applies only to the amounts outstanding at the time of
the testator's death.
Q: What is a Legacy? 2. The legacy is revoked if the testator files an action (judicial
A: A Legacy is a gift of real property given by virtue of a will. suit) against the debtor.
3. It applies only to credits existing at the time the will was made,
Q: What is a Devise? and not to subsequent credits.
A: A Devise is a gift of personal property given by will.
Q: Suppose the legatee or devisee acquired the property after
Q: What can be bequeathed or devised? the will has been executed? Suppose he acquired the thing by
A: Anything which is within the commerce of man or which is onerous title? What would be the effect?
alienable. A: If at the time the legacy or devise is made, the thing did not
belong to the legatee or devisee but later on he acquires it, then:
Q: Who may be charged? 1. If he acquired it by gratuitous title, then the legacy or
A: As a General Rule, legacies or devises are a charge or a devise is void.
burden upon the estate itself and are to be paid by the executor
Reason: The purpose of the testator that the property
would go to the devisee or legatee has already been
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
accomplished with no expense to the legatee or Q: What are void ab initio legacies?
devisee. A: 1. Outside the commerce of man 148
2. Owned by stranger but mistakenly believed by testator to
2. If he acquired it by onerous title, the legacy or devise is be owned by the latter unless later owned by the
valid and the estate may be required to reimburse the latter
amount. 3. Legacy in void will
4. Generic Real Property if there be none of its kind in the
Q: Suppose the property bequeathed or devised has been estate
pledged or mortgaged, who has the obligation to free the 5. If totally inofficious
property from such encumbrance?
A: Q: What are ineffectual/inoperative legacies?
General Rule: The pledge or mortgage must be paid by the A: 1. Those revoked expressly or impliedly
estate. 2. Those revoked by implication of law
Exception: If the testator provides otherwise. However, any 3. Destruction or loss due to fortuitous causes
other charge such as easements and usufruct, with which the 4. Intentional destruction by the testator
thing bequeathed is burdened, shall be respected by the 5. In case of predecease, repudiation or incapacity of
legatee or devisee. legatee
6. Disinheritance if legatee is compulsory heir
Q: What is to be delivered to the legatee or devisee?
A: 1.The very thing bequeathed shall be delivered and not its Q: What is the effect if the legatee or devisee cannot or is
value. unwilling to accept the legacy or devise or the legacy or devise
2. With all its accessions and accessories. becomes ineffective?
3. In the condition in which it may be upon the death of the A: General Rule: In case of repudiation, revocation of
testator. incapacity of the legatee or devisee, the legacy or
4. Legacies of money must be paid in cash. (Art. 951, devise shall be merged with the mass of the hereditary
NCC) estate.
Exception: In cases of substitution or accretion.
Q: When does right to Devise or Legacy is transmitted?
A: 1. If Specific from the testators death Q: What are the grounds for revocation of legacies and
2. If Generic from the time a selection has been made so as devises?
to make the property specific A: 1. Transformation of the thing bequeathed in such a
3. If alternative form the time the choice has been made manner that iy does not retain either the form or
4. If acquired from a stranger by virtue of an order from the denomination it had
testator from the moment of such acquisition. 2. Alienation of the thing bequeathed or any part thereof in
such a manner that in the latter case, the legacy or
Q: What is an Alternative Legacy or Devise? devise shall be without effect only with respect to the
A: The legacy or devise is alternative when the testator part alienated
bequeaths one of two or more things that he Exception: when the thing should belong again to the
designates. testator either by nullity of the contract or through
the exercise of the right of repurchase.
Q: Who has the right of Choice? 3. Loss of the thing during the lifetime of the testator, or
A: The choice is presumed to be left to the heir upon whom the after the death of the testator without fault on the
obligation to give the legacy or devise may be imposed, or the part of the heirs
executor or the administrator of the estate if no particular heir ns 4. Nullity of the Will
obliged. If the designated heir, legatee or devisee dies before 5. Noncompliance with suspensive conditions affecting the
making the choice, this choice shall pass to the respective heirs. bequests
6. Sale of the thing to pay the debts of the deceased during
Q: What is the rule or preference among legacies and devises? the settlement of his estate
A: If the estate is not sufficient to cover all the legacies or the 7. Revocation of legacy of credit/remission of debt
devises, their payment shall be made in the following order:
1. Remuneratory Devises or Legacies; NOTE: The list is NOT exclusive.
2. Legacies or devises declared by the testator to be
preferential;
3. Legacies for support;
4. Legacies for education;
5. Legacies or devises of specific, determinate thing
which forms part of the estate;
6. All others pro rata.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Q: How is the proximity of relationship determined?
LEGAL OR INTESTATE A: Proximity of relationship is determined by the number of
SUCCESSION generations. Each generation forms a degree.
149
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
b. Renounce the inheritance cannot be represented by Q: What is the Order of Intestate Succession of an Illegitimate
their own heirs, with respect to their supposed Decedent? 150
inheritance. A: 1. Legitimate children or descendants (LCD
2. Illegitimate children or descendants (ICD)
Representation in the Direct Descending Line 3. Illegitimate parents (IP)
4. Surviving Spouse (SS)
Representation takes place ad infinitum in the direct 5. Brothers and sisters, nephews and nieces (BS/NN)
descending line but never in the direct ascending line. (Art. 972) 6. Other collateral relatives within the 5th civil degree (C5)
General rule: Grandchildren inherit from the 7. State
grandparents by right of representation, if proper.
Exception: Whenever all the children repudiate, the Q: What is the Order of Intestate Succession of an adopted
grandchildren inherit in their own right because decedent?
representation is not proper. (Art. 969) A: 1. Legitimate children or descendants (LCD)
2. Illegitimate children or descendants (ICD)
Representation in Collateral Line 3. Legitimate or illegitimate parents, or legitimate
ascendants, adoptive parents
In the collateral line, representation takes place only in 4. Surviving spouse (SS)
favor of the children of the brothers or sisters (i.e., nephews and 5. Brothers and sisters, nephews, nieces (BS/NN)
nieces) whether of the full or half-blood (Art. 972)and only if 6. State
they concur with at least one uncle or aunt. In this case, they
share in the inheritance per stirpes. Representation in Adoption
If the children survive alone, they inherit in their own If the adopting parent should die before the adopted child, the
right and share in equal proportions or per capita. (Art. 975) latter cannot represent the former in the inheritance of the
Right of representation in the collateral line is only parents or ascendants of the adopter. The adopted child is not
possible in INTESTATE succession. It cannot take place in related to the deceased in that case, because filiation created by
testamentary succession. fiction of law is exclusively between the adopter and the
adopted. (Tolentino, 448-449)
Per stirpes
Q: When can the State inherit from the decedent in case of
Inheritance per stirpesmeans that the representative/s intestacy?
shall receive only what the person represented would A: In default of LCD, PA, ICD, SS and collateral relatives within
have received, if he were living or could inherit. (Art. the 5th degree.
975)
If there are more than one representative in the same
degree, then it shall be divided equally, without Q: How does the State inherit from the estate of the decedent?
prejudice to the distinction between legitimate and A: In order that the State may take possession of the property of
illegitimate, if applicable. the decedent, the procedure for Escheat must be observed.
Q: What is the Order of Intestate Succession of a Legitimate Q: What are the specific Principles on Intestate Succession?
Decedent? A:
A: 1. Legitimate children or descendants (LCD) 1. Even if there is an order of intestate succession, the
2. Legitimate parents or ascendants (LPA) compulsory heirs are never excluded.
3. Illegitimate children or descendants (ICD) 2. The right of representation in the collateral line
4. Surviving Spouse (SS) occurs only in the intestate succession, never in testate
5. Brothers and sisters, nephews and nieces (BS/NN) succession.
6. Other collateral relatives within the 5th civil degree (C5) 3. The intestate shares are either equal to or greater
7. State than the legitime.
4. General Rule: Grandchildren always inherit by right
Q: What is the Principle of Exclusion? of representation provided representation is proper.
A: The heirs higher in the order of succession exclude those who Exception: Whenever all the children repudiate, the
were lower in that order of succession, except that when the grandchildren inherit in their own right because right of
latter are compulsory heirs they preserve their rights to legitime. representation would not be proper.
5. Nephews and nieces inherit either by right of
Q: What is the Principle of Concurrence? representation (when they concur with aunts and
A: The illegitimate children and the surviving spouse, who are uncles) or in their own right (when they do not concur
not only legal or intestate heirs but are also primary compulsory with uncles or aunts)
heirs, even when they concur with legitimate parents and 6. ICD of illegitimates cannotrepresent because of the
ascendants, they are not only entitled to their legitime, but they barrier, but both the ICD and LCD of illegitimates can.
are also given as share in the disposable free portion. 7. There can be reserva troncal in intestate succession.
8. A renouncer can represent, but cannot be
Q: What is the Iron Barrier Rule or Rule of Absolute Separation? represented.
A: The illegitimate family cannot inherit by intestate succession 9. A person who cannot represent a near relative cannot
from the legitimate family, and vice versa. Hence, an illegitimate also represent a relative farther in degree.
child has no right to inherit ab intestato from the legitimate
children and relative of his father or mother nor shall such
children or relatives inherit in the same manner from the
illegitimate child.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Summary of Rules on Intestate heirs: 7. Legitimate parents (or ascendants) 1:2
1. Legitimate children/ descendants Illegitimate children 1/2 151
a. excludes ascendants, all collaterals, the State Free portion = 1/4 to illegitimate children.
b. concurs with illegitimate children/ descendants, (Art. 991)
surviving spouse
c. excluded by no one. Partial Intestacy
2. Illegitimate children/ descendants
a. excludes illegitimate parents, collaterals, the State 8. Legitimate parents (or ascendants) 1/2
b. concurs with surviving spouse, legitimate children, Surviving spouse 1/2
legitimate ascendants Free portion1/4 to the surviving spouse.
c. excluded by no one. (Art. 997)
3. Legitimate parents
a. excludes collaterals, the State 9. Legitimate parents (or ascendants.) 1/2
b. concurs with illegitimate children, surviving spouse Surviving spouse1/4
c. excluded by legitimate children. Illegitimate children 1/4
4. Illegitimate ascendants Free portion 1/8 to surviving spouse
a. excludes collaterals, the State (Art. 1000)
b. concurs with the surviving spouse
c. excluded by legitimate descendants, illegitimate 10. Illegitimate children alone Entire estate divided equally
descendants. or 5:4 as the case may be.
5. Surviving spouse Free portion = 1/2 to illegitimate children.
a. excludes collaterals, other than brothers and (Art. 988)
sisters, nephews and nieces, the State
b. concurs with legitimate child, illegitimate child, 11. Illegitimate children 1/2 divided as in number 10
legitimate and illegitimate brothers Surviving spouse1/2
and sisters, nephews and nieces. Free portion 1/6 to both(Art. 998)
c. excluded by no one.
6. Brothers, sisters, nephews and nieces 12. Surviving spouse aloneEntire estate.
a. excludes all other collaterals, the State Free portion 1/2 to surviving spouse
b. concurs with the surviving spouse (Arts. 994 and 995)
c. excluded by legitimate children, illegitimate
children, legitimate parents, illegitimate 13. Surviving spouse 1/2
parents. Illegitimate children 1/2
7. Other collaterals Free portion = 1/4 to both
a. exludes collaterals in remote degrees, the State
b. concurs with collaterals in equal degree 14. Surviving spouse1/2
c. excludes legitimate/ illegitimate children/ parents, Legitimate brothers and sisters and nephews
surviving spouse, brothers and and nieces1/2
sisters, nephews and nieces. Full : half = 2 : 1
8. The State Free portion = 1/2 to brothers and sisters and
a. excludes no one nephews and nieces
b. concurs with no one If marriage is in articulo mortis, add 1/6 to free
c. excluded by everybody else portion once the legitime of the wife is reduced to 1/3
(Art. 1001)
Articles 978 to 1014. Various Combinations
15. Surviving spouse 1/2
Total Intestacy Illegitimate brothers and sisters, nephews and
nieces (if decedent is illegitimate) 1/2
1. Legitimate children and/ or descendants aloneEntire Full : Half = 2 : 1
estate divided equally among them. (Art. 979) Free portion = 1/2 to illegitimate brothers and
sisters and nephews and nieces (Art. 994)
2. Legitimate children and illegitimate children Entire
estate in proportion of 2:1 or 10:5:4 as the case may 16. Illegitimate parents aloneentire estate
be. This is without prejudice to the impairment of Free portion 1/2 to illegitimate parents. (Art. 993)
legitimes. (Art. 983)
17. Illegitimate parentsnone.
3. Legitimate children and surviving spouse Surviving Children of any kindEntire estate divided
spouses share equal to that of one legitimate child. If according to earlier rules. (Art. 993)
only 1 legitimate child, 1/2 each. (Art. 996)
18. Legitimate brothers and sisters aloneWhole estate
4. Legitimate children and Surviving spouse Same share divided in the ratio of 2:1 between full and half blood.
as a legitimate child and Illegitimate children1/2 or (Arts. 1004 and 1006)
4:5:10 ratio w/ share of a legitimate child. (Art. 999)
19. Legitimate brothers and sisters and nephews and
5. Legitimate parents alone Entire estate shared equally. nieces Entire estate with the ratio of 2:1 between full
and half blood
6. Legitimate ascendants aloneApply Articles 889 and 890 a. Nephews and nieces inherit by representationper
(rules on legitime) stirpes.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
b. Nephews and nieces inherit bec. all brothers 1. Two or more persons must have been called to the
and sisters predeceaseper capita. same inheritance, legacy or devise, or to the same portion 152
(Arts. 1005 and 1008) thereof pro indiviso
2. There must be a vacancy in the inheritance legacy or
20. Nephews and nieces Entire estate. devise either caused by predecease, repudiation, incapacity, non-
Uncles and auntsNone. fulfilment of a suspensive condition or void or ineffective
Bacayo v. Borromeo Nephews and nieces exclude testamentary disposition.
uncles and aunts even if they may be both only three (3)
degrees away from the decedent. (Art. 1009 by inference) Q: What are the Effects of Accretion?
A: 1. General Effects:
21. Illegitimate brothers and sisters and nephews and a. the heirs to whom the portion goes by right of
niecesEntire estate with the ratio of 2:1 between full accretion take it in the same proportion that they inherit.
and half blood.This applies only if the decedent is also b. the heirs to whom the inheritance accrues shall
illegitimate. Apply the rules for nephews and nieces succeed to all the rights and obligations which the heir who
stated in number 19 renounced or could not receive it would have had except, (i) in
testamentary succession, if the testator provides to the contrary
22. Nephews and nieces alone Entire estate with the ratio and (ii) in case of purely personal obligations.
of 2:1 between full and half blood.
2. Testamentary Succession
23. Other collaterals Entire estate in equal shares a. Legitime
Rules: a. No distinction between full and half blood Predecease or incapacity there is representation if
b. No representation there are children of descendants; if none, the others
c. Nearer excludes the more remote inherit in their own right.
d. Up to the fifth degree only. Repudiation the others inherit in their own right.
(Arts. 1009 and 1010)
In case of an illegitimate decedent, collaterals b. Disposable free portion
are only up to nephews and nieces. Accretion takes place when the requisites are present,
but if such requisites are not present, the others inherit
24. The State the entire estate. (Art. 1011) in their own right.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Q: Who are Absolutely Incapacitated to Inherit? Characteristics:
A:Those who are incapacitated to inherit in any way. 1. Possible only in testamentary disposition 153
1. Those who are not living at the time of death of the 2. Relative in character
decedent, except; 3. Partial in the sense that if the heir who is incapacitated or
a. Testamentary dispositions in favor of disqualified is a compulsory heir, only the free portion given to
associations for religious, scientific, cultural, him is affected, but not his legitime
educational or charitable purposes.
b. Testamentary dispositions in favor of a 3. By reason of Unworthiness
church or denomination to which the testator a. Parents who have abandoned their children or
may belong for prayers or pious works. induced their daughters to lead a corrupt or immoral
c. Testamentary dispositions in favor of the life.
poor in general.
2. Those who cannot be identified. b. Any person who has been convicted of an attempt
3. Those who are not permitted by law to inherit. against the life of the testator, his/her spouse,
descendants or ascendants.
Q:Who are relatively incapacitated to inherit?
A:1. By Reason of Possible Undue Influence c. Any person who has accused the testator of a
a. The priest who heard the confession of the testator crime for which the law prescribes imprisonment for 6
during his last illness, or the minister of the gospel years or more if the accusation has been found
who extended spiritual aid to him during the same groundless.
period.
d. Any person convicted of adultery or concubinage
Note: The basis of disqualification is the presumption that at the with the spouse of the testator; the spouse is not
threshold of death, the testator becomes an easy prey to the scheming included. The guilty spouse shall not inherit when the
priest or minister offended spouse acts positively either by securing a
decree of legal separation or by disinheriting him/her.
b. Physician surgeon, nurse, health officer or druggist
who took care of the testator during his last illness. e. Any heir of full age who having knowledge of the
c. Relatives of such priest or minister of the gospel violent death of the testator, should fail to report it to
within the 4th degree, the church order, chapter, an officer of the law within one month, unless the
community, organization or institution to which such authorities have already taken action.
priest or minister may belong.
f. Any person who by fraud, violence or intimidation or
d. Attesting witness to the execution of a will, the undue influence should cause the testator to make a
spouse, parents or children, or anyone claiming that will or to change one already made.
such witness, spouse, parents or children. Note: It
does not apply if there are three other competent g. Any person who falsifies or forges the supposed
witness to the execution of the will. will of the decedent.
e. Guardian with respect to the testamentary h. Any person who by the same causes prevents
disposition given by a ward in his favor before the another from making a will, or from revoking one
final accounts of the guardianship have been already made, or who supplants, conceals or alters
approved, even if the testator should die after the the latters will.
approval thereof, except when the guardian is his
ascendant, descendant, brother, sister or spouse. Characteristics:
1. Based on the offenses committed by the disqualified person
Characteristics: against the decedent which renders him unworthy to succeed.
1. Possible only in testamentary disposition 2. Applies both to legal or testamentary succession.
2. Relative in character 3. Relative in character.
3. Partial in the sense that if the heir who is incapacitated or 4. Total in the sense that it extends not only to the free portion
disqualified is a compulsory heir, only the free portion given to but also to the legitime.
him is affected, but not his legitime.
4. By Operation of law
2. By reason of Public Morality a. Incapacity of the guilty spouse to inherit from the
a. Those made in favor of a person with whom the innocent spouse if there is a decree of legal separation.
testator was guilty of adultery or concubinage at the
time of the making of the will. No conviction is b. incapacity of illegitimate children and legitimate
necessary. relatives of the decedent to inherit from each other.
b. Those made in consideration of a crime of which c. Incapacity of the adopter to inherit from his
both the testator and the beneficiary have been found adopted child.
guilty. No conviction is necessary.
Q: What is the effect of acts of unworthiness?
c. Those made in favor of a public officer or his A: its effect is the exclusion from the entire inheritance; its
spouse, descendants and ascendants by reason of his causes constitute impediments to succession.
public office.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Q: What are the acts of unworthiness? Q: How is repudiation made?
A: 1. Any person who by fraud, violence or intimidation or undue A: Either by: 154
influence should cause the testator to make a will or to change a. Public instrument
one already made. b. Authentic document
2. Any person who falsifies or forges the supposed will of the c. By petition to the court having jurisdiction over the
decedent. testamentary or intestate proceeding.
3. Any person who by the same causes prevents another from
making a will, or from revoking one already made, or who Q: What the effect of acceptance or repudiation?
supplants, conceals or alters the latters will. A:
General Rule: It is irrevocable.
Q: What are the Effects of Pardon upon the act of unworthiness? Exceptions:
A: 1. If the testator pardons the act of unworthiness, the cause 1. If made through any of the causes that vitiates
of unworthiness shall be without effect. consent
2. Pardon may be given either expressly or impliedly. 2. When an unknown heir will appear.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Q: What to collate?
A: 1. Any property or right received by gratuitous title during Q: How is Extra-judicial Partition made? 155
the testators lifetime. A: 1. By Testator in his Will or Partition Inter Vivos
2. All that they may have received from the decedent during 2. By person Commissioned by Testator (It does not include
his lifetime. the power to distribute)
3. All that their parents would have brought to collation if 3. By co-heirs
alive.
4. Any sums made by a parent in satisfaction of the debts of Q: What is judicial partition?
his children, election expenses, fines and similar A: It is a partition with court intervention.
expenses.(Art. 1069, NCC)
Q: How is Judicial Partition done?
Note: Only the value of the thing shall be brought to collation. A:1. By Summary Settlement (ROC, Rule 74, Sec. 2)
2. By Regular Administration Proceedings(ROC, Rule 79-91)
Q: What are the properties not subject to collation? 3. By ordinary Action for Partition(ROC, Rule 69)
A: 1. Any property which may have been donated by the
parent to their children. (Art. 1065, NCC) Q: Who may demand partition?
2. Donations to the spouse of the child. (Art. 1066, NCC) A: 1. The Compulsory heirs
3. Expenses for support, education(elementary and 2. Voluntary heirs
secondary), medical attendance, even in 3. Legatee or devisee
extraordinary illness, apprenticeship, ordinary 4. Any person who has acquired an interest in the estate.
equipment or customary gifts. (Art 1067, NCC)
4. Generally not imputable to legitime Q: Who may effect partition?
A:1. Decedent himself during his lifetime by an act inter vivos or
Q: What is the rule in case of concurrence of legitimes, donations by will;
inter vivos, and devises and legacies? 2. 3rd person designated by the decedent;
A: The devises and legacies shall be reduced pro rata, without 3. Heir themselves;
distinction whatsoever. (Art. 911, NCC) 4. Competent court (JURADO, Succession, pp. 528)
d. Decedents heirs are all of age or the minors are d. Mutual accounting shall be rendered by the co-
represented by their judicial or legal representatives; owners to each other with regard to benefits and
expenses and each co-owner shall pay for damages
e. The partition was made by means of a public caused by reason of his negligence or fraud.(Art. 500,
instrument or affidavit filed with the ROD. (Rule 74, NCC)
Sec. 1 ROC)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
e. Every co-owner shall be liable for defects of title and Q: What is the prescriptive period for rescission of the
quality of the portion assigned to each of the other co- partition? 156
owners but only to the proportion of their respective A: The action for rescission on account of lesion shall prescribe
hereditary shares. (Art. 1093, NCC) after four years from partition. (Art. 1100, NCC)
Q: What are the grounds for annulment of partition? Q: What are the options of the heir sued for rescission?
A: A partition may be rescinded or annulled for the same causes A: He may either:
as contracts. (Art. 1097, NCC) a. Indemnify the plaintiff for the loss;
By cash or by the delivery of the thing of the same
Q: What are the rules on rescission on account of lesion? kind and quality as that awarded to the plaintiff
A:
1. A partition, either judicial or extra-judicial, may also b. Consent to new partition (Art. 1101, NCC)
be rescinded on account of lesion when any one of the If a new partition is made it shall affect neither those
co-heirs received things whose value is less, by at least who have not been prejudiced nor those who have
one-fourth, than the share to which he is entitled, not received more than their just share.
considering the value of the things at the time they
were adjudicated. Q: What is the effect of preterition in partition?
2. The partition made by the testator cannot be A: A partition made with preterition of any of the compulsory
impugned on the ground of lesion, except when the heirs shall not be rescinded, unless it be proved that there was
legitime of the compulsory heirs is thereby prejudiced, bad faith or fraud on the part of the other persons interested,
or when it appears or may be reasonably presumed that but the latter shall be proportionately obliged to pay to the
the intention of the testator was otherwise. person omitted the share which belongs to him. (Art. 1104, NCC)
3.The omission of one or more objects or securities of
the inheritance shall not cause the rescission of the Q: What is the effect of inclusion of non-heir in the partition?
partition on the ground of lesion, but the partition shall A: It shall be void only with respect to such person. The
be completed by the distribution of the objects or participation of non-heirs does not render the partition void in its
securities which have been omitted. entirety but only to the extent corresponding to them. (Aznar
Brothers Realty Corp. v. CA, 372 S 359)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
LAND, TITLES AND DEEDS
157
INTRODUCTION
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
performed their duties. (Republic v. Guerrero, G.R. No. 133168, EFFECTS OF THE ISSUANCE OF A TORRENS TITLE
March 28, 2006, 485 SCRA 424) It is also to avoid possible 158
conflicts of title to real estate and to facilitate transactions 1.Land is placed under the operationof Torrens System;
relative thereto by giving the public the right to rely upon the 2. Land becomes Incontrovertible andIndefeasible;
face of a Torrens Certificate of the Title and to dispense with the
need of inquiring further, except when the party concerned had General Rule:Torrens certificate is evidence of an
actual knowledge of facts and circumstances that should impel a indefeasible title to property in favor of the person whose
reasonably cautious man to make such further inquiry (Pascua v. name appears thereon.(Republic vs. CourtofAppeals, G.R.
Capuyoc, 77 SCRA 78). No. 116111, January 21, 1999, 301 SCRA 366)
The Torrens system aims to decree land titles that shall be final,
irrevocable, and indisputable, and to relieve the land of the Exceptions:
burden of known as well as unknown claims. (Government of the a. If the land in possession of a rightful possessor in the
Philippine Islands v. Abural, 39 Phil. 996) concept of owner is fraudulently registered in the name of
another. (Aguilar v. Alfaro, G.R. No. 164402, July 5, 2010)
Q:What is the nature ofTorrens System of Registration? b.When title is secured by fraud and misrepresentation. (Republic
A:The proceedings for the registration of land titles under the v. Heirs of Felipe Alejaga, Sr, 441 Phil 656, 2002).
Torrens system is an action in rem, not in personam, personal c. The transferee is not a holder in good faith and did not acquire
notice to all claimants of the res is not necessary to give the land the subject properties for a valuable consideration. (Ventura v.
registration court jurisdiction to deal with and dispose of the res; Abuda, GR No. 202932, October 23, 2013, citing Borromeo v.
and neither may lack of such personal notice vitiate or invalidate Descallar, G.R. No. 159310, February 24, 2009)
the decree or title issued in a registration proceeding.
This rule is founded on the principle that the State, as 3. Land is relieved from all claims exceptthose noted thereon and
sovereign over the land situated within it, may provide for the provided by law;
adjudication of title in a proceeding in rem, which shall be
binding upon all persons, known or unknown. (Moscoso v. Court General Rule:A decree of registration bars all claims and rights
of Appeals, No. L-46439, April 24, 1984, 128 SCRA 705) which arose or may have existed prior to the decree of
registration. By the issuance of the decree, the land is bound and
ADMINISTRATION OF THE TORRENS SYSTEM title thereto quieted. (Cureg v. Intermediate Appellate Court,
G.R. No. 73465,September 7, 1989)
Land Registration Register of Deeds
Authority
Exceptions:
charged with the constitutes a public repository of a. Encumbrances noted in said certificate;
efficient execution of the records of instruments affecting
b. Liens, claims or rights arising or existing under the laws
laws relative to the registered or unregistered lands and
registration of landsand chattel mortgages in the province or and Constitution of the Philippines which are not by law
under the executive city wherein such office is situated required to appear of record in the Registry of Deeds in
supervision of the DOJ order to be valid;
Composition c.Unpaid real estate taxes levied and assessed within two
Administrator Register of Deeds years immediately preceding the acquisition of any right over
2 Deputy Administrators Deputy the land by an innocent purchaser for value; and
Functions d.Any public highway or private way established or
1.Extend speedy and 1. Immediately register an instrument recognized by law. (Section 44, P.D. No. 1529)
effective assistance in presented for registration dealing with
the implementation of real or personal property which 4. Title to the land becomes nonprescriptible; and
the land reform program complies with all the requisites for
of the government; registration.
General Rule:No title to registered land in derogation of the
2. Extend assistance to 2. See that said instrument bears the
courts in ordinary and proper documentary and science title of the registered owner shall be acquired by prescription
cadastral land stamps and that the same are properly or adverse possession. (Section 47, P.D. No. 1529)
registration proceedings; cancelled.
3. The central repository 3. If the instrument is not registerable, Exception:The registered landowner may lose his right to
of records relative to he shall forthwith deny registration recover the possession of his registered property by reason
original registration of thereof and inform the presentor of of laches. (Heirs of Nieto v. Municipality of Meycauayan,G.R.
lands titled under the such denial in writing, stating the No. 150654, December 13, 2007)
Torrens system ground or reason therefor, and
(P.D No. 1529) advising him of his right to appeal by
The complaint questioning the validity of the sale to petitioner
consulta.(P.D No. 1529)
Isabela Colleges was filed only after 42 years had lapsed.
Respondents could not feign ignorance of the sale because
Q:What is a Torrens title? petitioner had been in open, public, and continuous possession of
A:A Torrens title is the certificate of ownership issued under the the land which it had used as its school campus since 1949. Nieves
Tolentino claimed in her deposition that she and her husband Pablo
Torrens system of registration by the government thru the
Rivera intended to donate the land to the Isabela Colleges in
Register of Deeds naming and declaring the owner in fee simple exchange for their childrens free education, and that she started
of the real property described therein, free from all liens and suspecting that her husband had broken their agreement when the
encumbrances except such as may be expressly noted thereon or Isabela Colleges charged them tuition fees. She further claimed that,
otherwise reserved by law.(Philippine National Bank v. after some investigation, she discovered that Pablo Rivera had sold
Intermediate Appellate Court, G.R. No. 71753, 26 August 1989, the land to the Isabela Colleges. Yet, despite her discovery, she did
176 SCRA 736) not bring her action against petitioner until 1991, taking her 42
years before finally doing so. No reason had been given to explain
Note:The Torrens certificate of title is merely an evidence of ownership her delay.Indeed, even if the sale to petitioner was made in bad
or title in the particular property described therein. (Development Bank of faith, laches would nonetheless apply. (Isabela Colleges, Inc. v.
the Philippines v. Court of Appeals, G.R. No. 129471, April 28, 2000, 331 Heirs of Nieves Tolentino-Rivera, G.R. No. 132677, 20 October 2000,
SCRA 267). 344 SCRA 95)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
5. Persons dealing with property covered by a Torrens Certificate Occupation thereof in the concept of owner no matter how long
of Title are not required to go beyond what appears on the face cannot ripen into ownership and be registered as a title.(Republic v. 159
of the title. (PNB v. Dy, G.R. No. 183774, November Candy Maker, Inc., G.R. No. 163766, June 22, 2006)
14, 2012)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
3. A former natural-born Filipino citizen to acquire up to
5,000 square meters of urban land and 3 hectares or
ORIGINAL REGISTRATION
rural land, and he may now use the land not only for
160
residential purposes, but even for business or other The act of bringing property rights to a parcelof land under the
purposes. (Section 5, Republic Act No. 8179) coverage of the Torrens systems of registration. (Section 5 (v) of
4. Americans who may have acquired tile to private Implementing Guidelines on Electronic Registration of Land Titles
lands during the effectivity of the Parity Agreement and Deeds)
shall hold valid title thereto as against private persons.
(Section 11, Article XVII, 1973 Constitution) Note: Regional Trial Courts have plenary jurisdiction over land
registration proceedings and over all petitions filed after original
registration of titles. (Section 2, P.D No. 1529)
Citizens of the Philippines may lease not more than five hundred
First level courts may be delegated to hear and decide cadastral and land
hectares, or acquire not more than twelve hectares thereof, by purchase,
registration cases (a) covering lots without controversy or opposition, or
homestead, or grant. (Section 3, Article XII, 1987 Constitution).
(b) contested lots where the value does not exceed P100,000.00.
(Section 34B.PBlg. 129, as amended by R.A. No. 7691)
If land is invalidly transferred to an alien who subsequently becomes a
citizen or transfers it to a citizen, the flaw in the original transaction is
considered cured and the title of the transferee is rendered valid. (Halili APPLICATION
v. CA, 350 Phil. 906, 1998 citing United Church Board of World Ministries
vs. Sebastian, 159 SCRA 446) WHO MAY APPLY
P.D. No. 1529 C.A. No. 141 R.A. NO. 8371
Note:The ban on aliens is intended to preserve the nations land for
1.aThose who by 1. Citizen of the Individual
future generations of Filipinos, that aim is achieved by making lawful the
themselves or their Philippines over the members of
acquisition of real estate by aliens who became Filipino citizens by
predecessors-in- age of eighteen years, cultural
naturalization or those transfers made by aliens to Filipino citizens. As
interest have been in or the head of a family; communities, by
the property in dispute is already in the hands of a qualified person, a
open, continuous, 2. who does not own themselves or
Filipino citizen, there would be no more public policy to be protected. The
exclusive and notorious more than 24 hectares through their
objective of the constitutional provision to keep our lands in Filipino
possession and of land in the predecessors-in
hands has been achieved. (Borromeo v. Descallar, G.R. No. 159310,
occupation of alienable Philippines, may enter -interest, have
February 24, 2009)
and disposable lands of a homestead of not been in
the public domain exceeding twenty-four continuous
CORPORATIONS under a bona fide claim hectares of agricultural possession and
of ownership since land of the public occupation of
No private lands shall be transferred or conveyed except to June 12, 1945, or domain; (Section 12) the same in the
individuals, corporations, or associations qualified to acquire or earlier; 3. Those who by concept of
hold lands of the public domain. (Section 7, Article XII, 1987 2. Those who have themselves or through owner since:
Constitution). acquired ownership of their predecessors in a. the
private lands by interest have been in immemorial;
prescription under the open, continuous, b. period of not
Limitations
provisions of existing exclusive, and less than thirty
laws. notorious possession (30) years
1. Private Lands 3. Those who have and occupation of immediately
a. at least 60 percent of the capital of which is owned acquired ownership of agricultural lands of the preceding the
by Filipinos; (Section 3,Article XII, 1987 Constitution). private lands or public domain, under a approval of this
b.restricted as to extent reasonably necessary to enable abandoned river beds bona fide claim of Act and
it to carry out purpose for which it was created by right of accession or acquisition of uncontested by
c. if engage in agriculture limited to 1,044 acquired under existing ownership, since June the members of
laws; 12, 1945, or earlier. the same
4. Those who have (Section 48b, as ICCs/IPs(Section
2. Patrimonial property of the State acquired ownership of amended by P.D. 12)
land in any other 1073)
General Rule: Private corporations or associations manner provided for by
may not hold such alienable lands of the public domain law. (Section 14)
except by lease, for a period not exceeding twenty-five
years, renewable for not more than twenty-five years, REGISTRATION PROCESS AND REQUIREMENTS
and not to exceed one thousand hectares in area.
(Section 3, Article XII, Philippine Constitution) Q: What are the registration process and requirements under the
Torrens system?
Exception:Corporations may now acquire lands of the A: The registration process and requirements are as follows:
public domain for as long as the lands were already
converted to private ownership, by operation of law, as 1. Survey of land by the Bureau of Lands or a duly
a result of satisfying the requisite period of possession licensed private surveyor;
prescribed by the Public Land Act. (Heirs of Malabanan
v. Republic, G.R. No. 179987, September 3, 2013 No plan or survey may be admitted in land registration proceedings until
citing Director of Lands v. Intermediate Appellate Court, approved by the Director of Lands. The submission of the plan is a
No. L-73002, December 29, 1986) statutory requirement of mandatory character. Unless a plan and its
technical description are duly approved by the Director of Lands, the
A corporation sole by the nature of its Incorporation is vested with the same are of no value.(University of the Philippines v. Rosario, G.R. No.
right to purchase and hold real estate and personal property. It need not 136965, March 28, 2001)
therefore be treated as an ordinary private corporation because whether
or not it be so treated as such, the Constitutional provision involved will, 2. Filing of application for registration by the applicant;
nevertheless, be not applicable.(Republic v. Intermediate Appellate Court, Q:What is the form of the application?
No. 75042, November 29, 1988, 168 SCRA 165) A: The application for land registration shall be in writing, signed
by the applicant or the person duly authorized in his behalf, and
sworn. If there is more than one applicant, the application shall
be signed and sworn to by and in behalf of each. The application
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
shall contain a description of the land shall state the citizenship including the adjoining owners. Said notice shall also require all
and civil status of the applicant. It shall also state the full names persons concerned to appear in court at a certain date and time 161
and addresses of all occupants of the land and those of the to show cause why the prayer of said application shall not be
adjoining owners. (Section 15 of P.D. No. 1529) granted.(Section 23 of P.D. No. 1529)
Q:What to Documents to accompany Application? Publication in a newspaper of general circulation is mandatory for the
A: The following documents must accompany the application: a. land registration court to validly confirm and register the title of the
Tracing cloth plan duly approved by the Director of Lands, b. applicant or applicants. All such requirements, including publication of the
Notice in a newspaper of general circulation, is essential and imperative,
three (3) copies of technical descriptions; c. three (3) copies of
and must be strictly complied with.(Republic v. Herbieto, G.R. No.
surveyors certificate; d. all original muniments of title and four 156117, May 26, 2005 citing Director of Lands v. Court of Appeals, July
(4)copies of certificate by city/provincial treasurer of assessed 28, 1997, 276 SCRA 270)
value of land.
6. Service of notice upon contiguous owners, occupants
Original tracing cloth plan, duly approved by the Bureau of Lands, is a and those known to have interests in the property by the
mandatory requirement, the Court ruled that blueprint copies of the
sheriff;
original tracing cloth plan from the Bureau of Lands and other evidence
could also provide sufficient identification to identify a piece of land for a. By mailing. The Commissioner of Land Registration within
registration purposes. (Republic v. Aldana, G.R. No. 175578, August 11, seven days after publication of said notice, cause a copy of the
2010) The blueprint copy of the advanced survey plan may be admitted notice of initial hearing to be mailed to:
as evidence of the identity and location of the subject property if: (a) it 1. Every person named in the notice whose address is
was duly executed by a licensed geodetic engineer; (b) it proceeded known;
officially from the Land Management Services (LMS) of the DENR; and (c) 2. Secretary of Public Highways, the Provincial
it is accompanied by a technical description of the property which is Governor and the Mayor when the applicant requests
certified as correct by the geodetic surveyor who conducted the survey
to have the line of a public way or road determined
and the LMS of the DENR.(Republic v. Espinosa, G.R. No. 171514, July
18, 2012) 3. Secretary of Agrarian Reform, the Solicitor General,
the Director of Lands, the Director of Public Works, the
Q: Is Amendment allowed? Director of Forest Development, the Director of Mines
A: Yes. Amendments to the application including joinder, and the Director of Fisheries and Aquatic Resources
substitution, or discontinuance as to parties may be allowed by when the land borders on a river, navigable stream or
the court at any stage of the proceedings upon just and shore, on an arm of the sea, lake, or if it otherwise
reasonable terms. appears from the application or the proceedings that a
Amendments which shall consist in a substantial change in the tenant-farmer or the national government may have a
boundaries or an increase in area of the land applied for or which claim adverse to that of the applicant
involve the inclusion of an additional land shall be subject to the b. By posting. The Commissioner of Land Registration shall also
same requirements of publication and notice as in an original cause the notice of initial hearing to be posted by the sheriff at
application. (Section 19 of P.D. No. 1529) least fourteen days at least before the date of initial hearing in a
The court may at any time order an application to be amended conspicuous place:
by striking out one or more of the parcels or by a severance of 1. On each parcel of land included in the application;
the application. (Section 18 of P.D. No. 1529) and
2. Bulletin board of the municipal building of the
3. Setting of the date for the initial hearing of the municipality or city in which the land or portion thereof
application by the Court; is situated.
The court shall, within five days from filing of the application,
issue an order setting the date and hour of the initial hearing 7. Filing of answer or opposition to the application by any
which shall not be earlier than forty-five days nor later than person whether named in the notice or not;
ninety days from the date of the order. (Section 23 of P.D. No. Any person, whether named in the notice or not, may appear
1529) and file and opposition, based on right of dominion or some
other real right, to the application for registration. (Section 25,
While the date set by the trial court was beyond the 90-day period P.D. No. 1529)
provided for in Section 23, this fact did not affect the jurisdiction of the If no person appears and answers within the time allowed, the
trial court. The lapse of time between the issuance of the Order setting court shall, upon motion of the applicant, no reason to the
the date of initial hearing and the date of the initial hearing itself was not contrary appearing, order a default to be recorded and require
fatal to the application. It is unfair to punish an applicant for an act or the applicant to present evidence. All the world are made parties
omission over which the applicant has neither responsibility nor control, defendant and shall be concluded by the default order. (Section
especially if the applicant has complied with all the requirements of the
26, P.D. No. 1529)
law.(Republic v. Bantigue Point Development Corp., G. R. No. 162322,
March 14, 2012)
Note:The petitioner is not necessarily entitled to have the land
registered under the Torrens system simply because no one appears to
4. Transmittal of the application and the date of initial oppose his title and to oppose the registration of his land. He must show,
hearing together with all the documents or other even though there is no opposition to the satisfaction of the court, that
evidences attached thereto by the Clerk of Court to the he is the absolute owner, in fee simple. Courts are not justified in
Land Registration Commission; registering property under the Torrens system, simply because there is
no opposition offered. Courts may, even in the absence of any
5. Publication of a notice of the filing of the application opposition, deny the registration of the land under the Torrens system,
and date and place of the hearing in the Official Gazette; upon the ground that the facts presented did not show that the petitioner
is the owner, in fee simple, of the land which he is attempting to have
Publication shall be sufficient to confer jurisdiction upon the
registered.(Republic v. Bacas, G.R. No. 182913, November 20, 2013
court. (Section 23 of P.D. No. 1529) citing Director Lands Management Bureau v. CA, 381 Phil. 761, 2000)
The failure of the Republic to file any opposition or answer to the
Commissioner of Land Registration shall cause notice of initial application for registration, despite receipt of notice thereof, did not
hearing to be published once in the Official Gazette and once in a deprive its right to appeal the RTC decision. (Heirs of Regalado v.
newspaper of general circulation in the Philippines, addressed Republic, 516 SCRA 38, February 15, 2007)
toall persons appearing to have an interest in the land involved
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
8. Hearing of the case by the Court; duplicate original certificate of title to the applicant by
The Court may conduct the following: the Register of Deeds, upon payment of the prescribed 162
a. hear the parties and their evidence; and fees.
b. refer the case to a referee who shall hear the parties
and their evidence
The referee shall submit his report thereon to the Court within
REMEDIES
fifteen days after the termination of such hearing. Hearing before
a referee may be held at any convenient place. The court may Q: What are the remedies available to the parties in land
render judgment in accordance with the report as though the registration proceedings?
facts have been found by the judge. However, the court may in A: The following are the remedies available to the parties in land
its discretion accept the report, or set it aside in whole or in part, registration proceedings:
or order the case to be recommitted for further proceedings.
(Section 27, P.D. No. 1529) 1.Motion for New Trial/Motion for reconsideration-
available to the losing party in the land registration case during
9. Promulgation of judgment by the Court; the period within which to appeal and may be granted on the
The Court may render: following grounds: (Section 1, Rule 37 of the Rules of Court)
a. Partial judgment-In a case where only a portion of the land Motion for New Trial
subject of registration is contested. a.Fraud, accident, mistake or excusable negligence
(Section 28,P.D. No. 1529) which ordinary prudence could not haveguarded against and by
reason of which such aggrieved party has probably been
b. Judgment confirming title- If the court finds that the impaired in his rights; or
applicant or the oppositor has sufficient title proper for b. Newly discovered evidence, which he could not, with
registration, judgment shall be rendered confirming the reasonable diligence, have discovered and produced at the trial,
title of the applicant, or the oppositor, to the land or and which if presented would probably alter the result.
portions thereof. (Section 29, P.D. No. 1529) Motion for reconsideration
c. The evidence is insufficient to justify the decision or final
The judgment rendered in land registration proceedings becomes order,
final upon the expiration of thirty days to be counted from the d. The decision or final order is contrary to law.
data of receipt of notice of the judgment. (Section 30, P.D. No.
1529) 2. Appeal-shall be taken within fifteen (15) days from notice of
the judgment or final order appealed from.
10. Issuance of the decree by the Court declaring the
decision final and instructing the Land Registration 3.Review of decree of registration-right of a person deprived
Commission to issue a decree of confirmation and of land or of any estate or interest therein by adjudication or
registration; confirmation of title obtained by actual fraud.
After the judgment directing the registration of title to land has
become final, the court shall, within fifteen days from entry of To avail of a petition for review, the following requisites must be
judgment, issue an order directing the Land Registration satisfied:(Eland Philippines, Inc. v. Garcia, G.R. No. 173289,
Commissioner to issue the corresponding decree of registration February 17, 2010 citing Walstrom v. Mapa, G. R. No. 38387,
and certificate of title.(Section 39, P.D. No. 1529) January 29, 1990)
a. The petitioner must have an estate or interest in the
11. Entry of the decree of registration in the Land land;
Registration Commission; b. He must show actual fraud in the procurement of the
Under Section 31 of P.D. No. 1529, every decree of decree of registration;
registration shall bear the following:a. date, hour and minute of c. The petition must be filed within one year from the
its entry; b. signed by Administrator of the Land Registration issuance of the decree by the Land Registration
Authority; c. state whether the owner is married (name of Authority; and
spouse) or unmarried. If the land is conjugalproperty, the decree d. The property has not yet passed to an innocent
shall be issued in the name ofboth spouses; d. state the nature purchaser for value.
of disability (if under disability), and if minor, his age;e.
description of the land as finally determined by the court; f. set 4. Action for Reconveyance-remedy granted to the rightful
forth the estate of the owner, all particular estates, mortgages, owner of land which has been wrongfully or erroneously
easements, liens,attachments, and other encumbrances, registered in the name of another for the purpose of compelling
including rights of tenant-farmers, if any, to which the land or the latter to transfer or reconvey the land to him.
owner's estate is subject; and g. any other matters properly to
be determined. To warrant a reconveyance of the land, the following requisites
must concur:(New Regent Sources, Inc. v. Tanjuatco, Jr., G.R.
Execution pending appeal is not applicable in a land registration No. 168800, April 16, 2009)
proceeding and the certificate of title thereby issued is null and void. A a. The action must be brought in the name of a person
Torrens title issued on the basis of a judgment that is not final is a claiming ownership or dominical right over the land
nullity, as it is violative of the explicit provisions of the Land Registration registered in the name of the defendant;
Act which requires that a decree shall be issued only after the decision b. The registration of the land in the name of the
adjudicating the title becomes final and executory, and it is on the basis
defendant was procured through fraud or other illegal
of said decree that the Register of Deeds concerned issues the
corresponding certificate of title.(Top Management Programs Corp. v. means;
Fajardo, GR No.150462, June 15, 2011) c. The property has not yet passed to an innocent
purchaser for value; and
12. Sending of copy of the decree of registration to the d. The action is filed after the certificate of title had
corresponding Register of Deeds, and already become final and incontrovertible but within
four years from the discovery of the fraud or not later
13. Transcription of the decree of registration in the than 10 years in the case of an implied trust.
registration book and the issuance of the owner's
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
5. Action for damages-remedy of the land owner whose
property has been wrongfully or erroneously registered in
CADASTRAL REGISTRATION
another's name after one year from the date of the decree,
163
respecting the decree as incontrovertible, to bring an ordinary It is a proceeding in rem, initiated by the filing of a petition for
action in the ordinary court of justice for reconveyance or, if the registration by the government, not by the persons claiming
property has passed into the hands of an innocent purchaser for ownership of the land subject thereof, and the latter are, on the
value, for damages. (Dare Adventure Farm Corporation v. CA, pain of losing their claim thereto, in effect compelled to go to
G.R. No. 161122, September 24, 2012 citing Vda. De Recinto v. court to make known their claim or interest therein, and to
Inciong, No. L-26083, May 31, 1977, 77 SCRA 196) substantiate such claim or interest.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
6. Judgment VOLUNTARY DEALINGS INVOLUNTARY
All conflicting interests shall be adjudicated by the court and DEALINGS
decrees awarded in favor of the persons entitled to the lands or Nature 164
to parts thereof and such decrees shall be the basis for issuance (Autocorp Group v. CA, G.R. No. 157553, September 8, 2004)
willful act of the registered pertaining to a transaction
of original certificates of title in favor of said persons and shall
owner of the land to be affected affecting lands in which the
have the same effect as certificates of title granted on application by registration registered owners cooperation is
for registration of land under ordinary land registration not needed and which
proceedings. transaction may even be done
7. Issuance of Decree and Certificate of Title against his will
Kinds
such as a sale, mortgage, leas, such as an attachment, levy upon
SUBSEQUENT REGISTRATION real property mortgage, pacto de execution, lispendens sale on
retro sale, extra-judicial execution of judgement or sales
A proceeding where incidental matters after original registration settlement, free patent/ for taxes, adverse claims and the
may be brought before the land registration court by way of homestead and the like like
motion or petition filed by the registered owner or a party in
Owners Duplicate Certificate of Title
interest.
(Autocorp Group v. CA, G.R. No. 157553, September 8, 2004)
necessary not only to register the not require the presentation of
RULES ON EFFECTS OF REGISTRATION deed, instrument or assignment, the owners duplicate
1. An owner of registered land may convey, mortgage, lease, mortgage, or lease in the entry certificate of title and considers
charge or otherwise deal with the same in accordance with book of the register of deeds, but the annotation of such
existing laws. No deed, mortgage, lease, or other voluntary a memorandum thereof must also instrument upon the entry
be made on the owners duplicate book, as sufficient to affect the
instrument, purporting to convey or affect registered land shall
and on its original real estate to which it relates
take effect as a conveyance or bind the land, Reason: registered owner of the Reason: registration is contrary
land to be affected by registration to the interest of the
Exceptions: is presumed to be interested in registered owner or will affect
a. Wills registering the instrument and him adversely, it is but natural
b. If operate only as a contract between the parties would willingly surrender, present that he will not willingly
c. as evidence of authority to the Register of Deeds to make or produce his duplicate certificate present or produce his
registration.(Section 51, P.D. No. 1529) of title to the register of deeds in duplicate certificate or at least
order to accomplish such delay the production as long as
registration possible
2. It is only the act of registering the instrument in the Register Effects of registration
of Deeds of the province of city where the land lies which is the (Dr.Caviles, Jr. v. Bautista, 377 Phil. 25, 1999)
operative act that conveys ownership or affects the land insofar if the owner's duplicate entry thereof in the day book
as third persons are concerned. (Section 51, P.D. No. 1529) certificate be not surrendered is a sufficient notice to all
and presented or if no payment persons of such adverse
3. Registration, filing and entering of every conveyance, of registration fees be made claim
mortgage, lease, lien, attachment, order, judgment, instrument within fifteen (15) days, entry in
or entry affecting registered land in the office of the Register of the day book of the deed of sale
does not operate to convey and
Deeds shall be constructive notice to all persons from the time of
affect the land sold.
such registering, filing or entering.(Section 52, P.D. No. 1529)
Q: What is the process of registrationof voluntary instruments?
Registration is a mere ministerial act by which a deed, contract, or
instrument is sought to be inscribed in the records of the Office of the A: 1. Deed or other voluntary instrument shall contain the
Register of Deeds and annotated at the back of the certificate of title following:
covering the land subject of the deed, contract, or instrument. While it a. grantees or other persons (acquiring or claiming an
operates as a notice of the deed, contract, or instrument to others, it interest) full name, nationality, residence, civil status
does not add to its validity nor converts an invalid instrument into a valid b. corporation or association, recital to show that such
one as between the parties, nor amounts to a declaration by the state corporation or association is legally qualified to acquire
that the instrument is a valid and subsisting interest in the land.33 The private lands.
registration of petitioners void deed is not an impediment to a
declaration by the courts of its invalidity.(Fudot vs. Cattleya Land Inc.,
G.R. No. 171008 , Sept. 13, 2007) 2. File instrument creating or transferring interest and certificate
of title with Register of Deeds together with:
a. Owners duplicate-Issuance of a transfer certificate of title
VOLUNTARY DEALINGS to the purchaser without the production of the owners
duplicate is illegal and does not confer any right to the
Registration of Voluntary Instruments purchaser. The Registrar of Deeds must, therefore, deny
Q: Is registration required for validity of voluntary instruments? registration of any deed or voluntary instrument if the
A: No. The act of registration shall be the operative act to owners duplicate is not presented in connection therewith.
convey or affect the land insofar as third persons are concerned. (Manotok Realty, Inc. v. Clt Realty Development Corp., G.R.
Unless and until the subject transaction has been filed or No. 123346, March 31, 2009)
registered in the office of the Register of Deeds, the transaction b. Payment of fees and taxes
shall only be binding on the parties to the contract but not on the
third person. The instrument is not thereby rendered void by 3. Register of Deeds shall keep a primary entry book, note in
failure to register. (Ching v. Enrile, G.R. No. 156076, September such book the date, hour and minute of reception of all
17, 2008) instruments. The instruments shall be attested and sealed by the
Register of Deeds.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
A. Procedure in registration of conveyances conferred in the instrument, or unless a final judgment or order of a
1. Involves entire property (Section 57, P.D. No. 1529) court of competent jurisdiction has construed the instrument in favor of
a. Owner shall execute and register a deed of conveyance the power, in which case a certified copy of such judgment or order may 165
be registered.
b. The Register of Deeds shall make a new certificate of title
to the grantee and shall prepare and deliver to him an
3. Judicial appointment of new trustee (Section 67, P.D. No.
owner's duplicate certificate.
1529)
c. The Register of Deeds shall note upon the original and
A new certificate may be issued upon presentation to the
duplicate certificate the date of transfer, the volume and
Register of Deeds of a certified copy of the order or judicial
page of the registration book and stamped cancelled" on
appointment and the surrender for cancellation of the duplicate
the original and the owner's duplicate of the grantor's
certificate.
certificate.
d. The deed of conveyance shall be filled and indorsed with
4. Implied trusts. (Section 68, P.D. No. 1529)
the number and the place of registration of the certificate of
Filing of registration with the Register of Deeds a sworn
title of the land conveyed.
statement thereof containing the following:
a. Description of the land,
2. Involves portion of property (Section 58, P.D. No. 1529)
b. Name of the registered owner
a. The original of the plan, together with a certified copy of
c. Reference to the number of the certificate of title.
the verified technical descriptions shall be filed with the
Register of Deeds for annotation; Note: Such claim shall not affect the title of a purchaser for value and in
b. The Register of Deeds for annotation shall issue a new good faith before its registration.
certificate of title to the grantee for the portion conveyed, and
at the same time cancel the grantor's certificate partially with INVOLUNTARY DEALINGS
respect only to said portion conveyed, or, if the grantorso
desires, his certificate may be cancelled totally and a new Q: What are Involuntary Dealings?
one issued to him describing therein the remaining A: These are writs, orders, or processes issued by the court of
portion record affecting registered land which by law should be
registered to be effective, and also to such instruments which are
Note: Subsisting encumbrances or annotations appear in the registration
not the wilful acts of the of the registered owner and which may
book, shall be carried over and stated in the new certificate or
certificates; except so far as they may be simultaneously released or have been executed even without his knowledge or against his
discharged.(Section 59, P.D. No. 1529) consent.
These are transactions affecting land in which cooperation of
B. Registration of Mortgage or lease (Section 60-62, P.D. registered owner is not needed, or even against his
No. 1529) will.(Autocorp Group v. CA, G.R. No. 157553, September 8,
Such deed of mortgage or lease and all instruments shall 2004)
take effect upon the title only from time of registration.
1. Presentation of deed of mortgage or lease together with the Q: Must involuntary dealings be registered?
owner's duplicate to the Register of Deeds A: Yes. It is the act of registration which creates a constructive
2. The Register of Deeds shall enter upon the original of the notice to the whole world of such instrument or court writ or
certificate of title and also upon the owner's duplicate certificate process and is the operative act that conveys ownership or
a memorandum, the date and time of filing and the file number affects the land insofar as third persons are concerned.(Aquino,
assigned to the deed, and shall sign the said memorandum. Land Registration and Related Proceedings)
3. The Register of Deeds shall note on the deed the date and
time of filing and a reference to the volume and page of the The following are Involuntary Dealing transactions:
registration book in which it is registered. 1. Attachment
2. Sale on execution of judgment or sales for taxes
Note:A mortgage or lease on registered land may be discharge or 3. Adverse claims
cancelled by means of an instrument executed by the mortgage or 4. Notice of lis pendens
lessee, which shall be filed with the Register of Deeds who shall make
the appropriate memorandum upon the certificate of title. 1. Attachment
Attachment is a writ issued at the institution or during the
C. Registration of Power of attorney. (Section 64, P.D. No. progress of an action commanding the sheriff to attach the
1529) property, rights, credits, or effects of the defendant to satisfy
Conveying and revoking power of attorney dealing with demands of the plaintiff.(Section 69, P.D. No. 1529)The kinds of
registered land shall be registered with the Register of Deeds of Attachment are:
the province or city where the land lies. a. Preliminary
b. Garnishment
D. Registration of Trusts c. Levy on Execution
1. Trusts in registered land. (Section 65, P.D. No. 1529)
a. By memorandum entering the words "in trust", or other A. Registration of Attachment and other Liens
apt words, and reference by number to the deed authorizing 1. Copy of writ in order to preserve any lien, right or attachment
or creating the same; or upon registered land may be filed with the Register of Deeds
b. By memorandum upon the original instrument declaring Where the land lies, containing number of certificate of title of
the trust with a reference by number, volume and page in the land to be affected or description of land.(Section 69, P.D. No.
registration book in which the certificate of title is registered. 1529)
2. Register of Deeds to index attachment in names of both
2. Trust with power of sale. . (Section 66, P.D. No. 1529) plaintiff and defendant or name of person whom property is held
Stated in the certificate of title by the words "with power to or in whose name stands in the records.
sell", or by apt words of description in case of other powers. 3. If duplicate of certificate of title is not presented:
a. Register of Deeds shall within thirty six (36) hours send notice
Note: No instrument which transfers or in any way deals with registered
land in trust shall be registered, unless the enabling power is expressly to registered owner by mail stating that there has been
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
registration and requesting him to produce duplicate so that had previously bought the same property from the registered
memorandum be made. owner but who failed to register his deed of sale. 166
b. If owner neglects or refuses, Register of Deeds shall report 2. Registration is the operative act that binds or affect the land
matter to court. insofar s thirds persons are concerned
c. Court after notice shall enter an order to owner to surrender 3. But where a party has knowledge of a prior existing interest
certificate at time and place to be named therein. which is unregistered at the time he acquired a right to the same
4. Although notice of attachment is not noted in duplicate, land, his knowledge of that prior unregistered interest has the
notation in book of entry of Register of Deeds produces effect of effect of registration as to him.
registration already.
2. Sale on Execution
B. Effect of Registration of Attachment Q What is a Sale on Execution?
1. Created real right A: It is a sale of property by the sheriff under authority of a
2. Has priority over execution sale courts writ of execution in order to satisfy an unpaid obligation.
3. But between two (2) attachments, one that is earlier in
registration is preferred. A. Execution Sale
4. If it is not registered, actual knowledge is the same as 1. To enforce a lien of any description on registered land, any
registration. execution or affidavit to enforce such lien shall be filed with the
Register of Deeds where the land lies.(Section 74 of PD 1529)
C. Duty of the Register of Deeds 2. Register in registration book and memorandum upon proper
It is ministerial but it may refuse registration in the following certificate of title as adverse claim or as an encumbrance.
circumstances: 3. To determine preferential rights between two liens: priority of
a. Title to land is not in the name of defendant. registration of attachment.
b. No evidence is submitted to show that he has present or
possible future interest in the land. The exception is when the B. Tax Sale
petitioner is an heir.(Gautuco& Co. v. Register of Deeds of 1. Sale of land for collection of delinquent taxes and penalties
Tayabas, 59 Phil 756) due to the government.
2. It is an action in personam. All persons interested shall be
D. Grounds upon which Attachment may Issue notified so that they are given opportunity to be heard.
(Section 1, Rule 57 of the Rules of Court) 3. Notice to be given to delinquent tax payer at last known
At the commencement of the action or at any time before entry address.
of judgment, a plaintiff or proper party may have the property of 4. Publication of notice must also be made in English, Spanish
the adverse party attached as security for the satisfaction of any and local dialect, and posted in a public and conspicuous place in
judgment that may be recovered in, among others, the following the place where the property is located and at the main entrance
cases: of the provincial building.
1. In an action to recover the possession of property unjustly or 5. Sale cannot affect right of other lien holders unless given right
fraudulently taken, detained, or converted, when the property or to defend their rights. Due process must be strictly observed.
any part thereof has been concealed, removed or disposed of, to 6. Tax lien is superior to attachment.
prevent its being found or taken by the applicant or an 7. No need to register tax lien because it is automatically
authorized person registered once the tax accrues.
2. In an action against a party who has been guilty of fraud in 8. Sale of registered land to foreclose a tax lien needed to be
contracting the debt or incurring an obligation upon which the registered.
action is brought, or in the performance thereof
3. In an action against a party who has removed or disposed of C. Procedure of Registration of Tax Sale
his property, or is about to do so, with intent to defraud creditors 1. Officers return shall be submitted to the Register of Deeds
together with duplicate title.
Note: A preliminary attachment may be validly applied for and granted 2. Register in Registration Books.
ex parte before a defendant is summoned since the phrase at the 3. Memorandum shall be entered in certificate as an adverse
commencement of action refers to the date of the filing of the complaint claim or encumbrance.
and before the summon is being served on the defendant.
4. After period of redemption has expired and no redemption (2
years from the registration of the auction sale) has been made,
E. Discharge of Attachment
there shall be a cancelation of the title and an issuance of a new
1. An attachment may be discharged upon giving a counterclaim
one.
or on the ground that the same was improperly or irregularly
5. Before cancellation, notice shall be sent to the registered
issued or enforced, or that the bond is insufficient
owner to surrender title and to show cause why it should not be
2. By the dissolution of an attachment levied on the defendants
cancelled.
property, though the filing of the bond, the released property
becomes free and no longer liable to the results of the Note: Actual knowledge is equivalent to registration.
proceeding in which it was attached. Consequently, the act of the
defendant, hose property has been attached, in mortgaging the Q: When is the date of auction sale reckoned?
released property to a third person, is not a conveyance in fraud A: For purposes of determining preference of rights between two
of creditors, since the transaction is legal and valid, and since the or more lien holders of the same property, an auction sale made
presumption of fraud doesnt arise when there is security in favor by virtue of a preliminary attachment duly recorded retroacts to
of the creditor. the date of the attachment lien. The preference enjoyed by the
lien of attachment would be meaningless and illusory if
F. Knowledge of a Prior Unregistered Interest is preference should not, in like manner, be given to the auction
Equivalent to Registration sale. It was for this reason that the SC invariably held that
1. In case of conflict between a vendee and an attaching auction sale retroacts to the date of the attachment.(Philippine
creditor, an attaching creditor who registers the order of Executive Commission v. Abadilla, et. al., 74 Phil. 68) A levy on
attachment and the sale of property to him as the highest bidder execution takes precedence over a prior unregistered sale and
acquires a valid title to the property, as against a vendee who that even if the prior sale is subsequently registered before the
sale in the execution but after the levy was duly made, the
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
preferred right under the execution sale should be maintained B. Registration of Adverse Claim
because it retroacts to the date of the levy.(Defensor. v. Brillo, File a sworn statement with the Register of Deeds of the 167
98 Phil 427) province where the property is located, setting forth the basis of
the claimed right thereto. (Agcaoili, Property Registration and
Q: Which is preferred in case of conflict between rights under Related Proceedings, 2006, p. 538)
two attachments pursuant to which execution sales were made?
A: In case of conflict between the rights under two attachments Note: Entry of the adverse claim filed on the day book is sufficient
pursuant to which execution sales were subsequently held, the without the same being annotated at the back of the corresponding
property involved being unregistered under the Torrens system, certificate of title. (Director of Lands v. Reyes, Feb. 27, 1976)
the priority is generally determined by the priority of registration
not of the execution sales but of the attachment. The auction Q: What is the effect of the registration of an adverse claim?
sales being merely the completion of the attachment liens, A: It renders the adverse claim effective and any transaction
should relate back to the latter and enjoy the same regarding the disputed land shall be subject to the outcome of
priority.(Asturias Sugar Central v. Segovia, 109 Phil. 383) the dispute. (Aquino, Land Registration and Related Proceedings,
2007, p.217)
Q: Does warranty apply in execution sales?
A: No. The purchaser at an execution sale should bear in mind Q: What is the effect of non-registration of an adverse claim?
that the rule of caveat emptor applies to such sales, that the A: The effect of non-registration and invalid registration of an
sheriff does not warrant the title to the real property sold by him adverse claim renders it ineffective for the purpose of protecting
as the auctioneer, and that it is neither incumbent upon him to the claimants right or interest on the disputed land, and could
place the purchaser in possession of the subject property (Pabico not thus prejudice may right that may have arisen thereafter in
v. OngPauco, 43 Phil 572). favor of third parties. (Aquino, Land Registration and Related
Proceedings, 2007, p.217)
Q: What is the effect of not giving a notice to taxpayer?
A: Tax delinquency sale requires personal notice to taxpayer and Q: May an adverse claim exist concurrently with a subsequent
also to the public in general. This is an essential and annotation of a notice of lispendens?
indispensable requirement of law, the non-fulfilment of which A: Yes. An adverse claim may exist concurrently with a
vitiates the sale. subsequent annotation of a notice of lispendens. When an
adverse claim exists concurrently with a notice of lispendens, the
3. Adverse Claims notice of adverse claim may be validly cancelled after the
Q: What is an adverse claim? registration of such notice, since the notice of lispendens also
A: It is a notice to third persons that someone is claiming an serves the purpose of the adverse claim. (Agcaoili, Registration
interest on the property or has a better right than the registered Decree and Related Laws, 2006, p. 539)
owner thereof. The disputed land is subject to the outcome of
the dispute.(Sajonas v. CA, 258 SCRA 79) Q: What is the effect of the expiration of the period of affectivity
of an adverse claim?
Q: When is there an adverse claim? A: The expiration does not ipso facto terminate the claim. The
A: A claim is adverse when: (a) A claimants right or interest in cancellation of the adverse claim is still necessary to render it
registered land is adverse to the registered owner; (b) Such right ineffective, otherwise, the inscription will remain annotated an
arose subsequent to the date of original registration; (c) No shall continue as a lien to the property. (Agcaoili, Reviewer,
other provision is made in the Decree for the registration of such 2008, p. 342)
right or claim.(Section 70 of PD 1529)A mere money claim
cannot be registered as an adverse claim.(Sanchez v. CA, 69 Q: May the Register of Deeds cancel an adverse claim?
SCRA 327) A: No, it cannot, on its own automatically cancel the adverse
claim.
Q: What is the duration of an adverse claim?
Note: Before the lapse of the 30-day period, the claimant may file a
A: Thirty (30) days from the date of registration. After that, the
sworn petition withdrawing his adverse claim, or a petition for
annotation of adverse claim may be cancelled upon filing of a cancellation of adverse claim may be filed in the proper RTC. (Aquino,
verified petition by the party in interest. When cancelled, no Land Registration and Related Proceedings, 2007, p.219)
second adverse claim based on the same ground may be
registered by the same claimant. Q: What must an interested party do if he seeks the cancellation
of the registered adverse claim?
A. Formal Requisites for Purposes of Registration A: The interested party must file with the proper court a petition
1. Adverse claimant must state the following in writing: for cancellation of adverse claim, and a hearing must also be
a. His alleged right or interest. conducted.
b. How and under whom such alleged right or interest is
acquired. An adverse claimant must be one who claims any right or interest in
c. Description of the land in which the right or interest is registered land adverse to the registered owner, arising subsequent to
claimed. the original registration. That interest is registerable as an adverse claim
d. certificate of title number. if no other provision is made for its registration. The claim of a person
2. Such statement must be signed and sworn to before a notary that she has hereditary rights in the land fraudulently registered in her
sisters name because the land belonged to their mother, whose estate is
public.
pending settlement in a special proceeding, is a registerable as an
3. Claimant shall state his residence all place to which all notices adverse claim. And even though the will is yet pending probate. (Arrazola
may be served upon him. v. Bernas)
Note: Non-compliance with the above requisites renders the adverse An adverse claim does toll the running of the prescriptive period to
claim non-registerable andineffective. demand for specific performance based on a contract of sale. The
procedure for registration of voluntary instruments is provided for by law.
But where the vendor refuses to deliver to the vendee the owners
duplicate certificate of title, which title must be presented in order that
the deed of conveyance may be registered and the corresponding TCT
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
may be issued, the vendee may file an adverse claim.The adverse claim D. Cancellation of LisPendens
here was ineffective because for an adverse claim to be valid it must be Before judgement, the court may order the cancellation:
shown that a demand was made on the vendor and that he refused to 1. After showing that notice is only for the purpose of molesting
168
surrender the owners duplicate certificate of title. (Leonardo v. Maravilla)
an averse party
2. When it is shown that it is not necessary to protect the right of
4. Lis Pendens
the party who caused the registration thereof
Q: What is lis pendens?
3. When the consequences of the trial are unnecessarily delaying
A: It literally means a pending suit. The doctrine of lispendens
the determination of the case to the prejudice of the other party
refers to the jurisdiction, power, or control which a court acquires
4. When the evidence so far presented by the plaintiff does not
over property involved in a suit, pending the continuance of the
bear out the main allegations of the complaint
action, and until final judgment. (Agcaoili, Reviewer, 2008, p.
5. Upon verified petition of the party who caused the registration
343) It merely creates a contingency and not a lien. It does not
thereof.
produce any right or interest which may be exercised over the
6. It is deemed cancelled after final judgment in favour of
property of another. It only protects the applicants right which
defendant, or other disposition of the action, such as to
will be determined during trial. (Aquino, 2007, p. 221)
terminate all rights of the plaintiff to the property involved.
E. Statutory Liens Not Barred Even Though Not Noted in the Title
Q: What is the purpose of a lispendens?
1. Liens, claims or rights arising or existing under the laws and
A: The purpose of a lispendens is to constructively advise, or warn all
the Constitution, not required by law in record of the ROD.
people who deal with the property that they so deal with it at their
2. Unpaid real estate taxes levied and assessed within two (2)
own risk, and whatever rights they may acquire in the property in any
years immediately preceding the acquisition of any right over the
voluntary transaction are subject to the results of the action, and may
land by an innocent purchase for value without prejudice to the
well be inferior and subordinate to those which may be finally
right of the government to collect taxes payable before that
determined and laid down therein. (Heirs of Marasigan v. IAC, 152
period from the delinquent taxpayer alone
SCRA 253)
3. Public highway or private way established or recognized by
law or any government irrigation canal or lateral thereof
A. When Notice LisPendens is Proper. (Section 76 of PD
4. Any disposition of the property or limitation on the use thereof
1529)
by virtue of laws or regulation on agrarian reform. (Section 44 of
1. To recover possession of real estate
PD 1529)
2. To quiet title thereto
3. To remove clouds upon the title thereof
4. For partition NON-REGISTRABLE PROPERTIES
5. Any other proceeding of any kind in court directly affecting
the: Non-registrable properties are the inalienable lands of the public
a. Title to the land or domain and lands already validly registered under the Torrens
b. The use of occupation thereof or system.
c. The building thereon.(Magdalena Homeowners Assn.
v. CA, 184 SCRA 325 Q: What are non-registrable lands?
A: These are properties of the public dominion, which under
B. Notice of LisPendens Has No Application in the existing legislation, are not the subject of private ownership and
Following are reserved for public purposes. (Aquino, 2007, p. 38) These
1. Preliminary attachments are intended for public use, public service or development of the
2. Proceedings for the probate of wills national wealth. They are outside the commerce of men, and
3. Levies on execution therefore, not subject to private ownership.
4. Proceedings for administration of estate of deceased person
5. Proceedings in which the only object is the recovery of a Q: What are specific non-registrable lands?
money judgment. (Noblejas, Registration Of Land Title and A: The following are non-registrable lands
Deeds, 1.Property of public domain or thoseintended for public use, public
service or development of the national wealth
C. Effects of Registration 2. Forest or timber lands, public forest, forest reserves
1. Impossibility of alienating the property in dispute during the 3. Water sheds
pendency of the suit 4. Mangrove swamps
2. It may still be alienated but the purchaser is subject to the 5. Mineral lands
final outcome of pending suit 6. Parks and plazas
3. Registy of Deeds is duty-bound to carry over notice of 7. Military or naval reservations
lispendens on all new titles to be issued. 8. Foreshore lands and seashore
9. Reclaimed lands
Q: What is Carry-over of Encumbrances? 10. Submerged areas
A: It means that if, at the time of any transfer, subsisting 11. River banks, navigable rivers, streams and creeks
encumbrances or annotations appear in the registration book, 12. Lakes
they shall be carried over and stated in the new certificate or 13. Reservations for public and semi-public purposes
certificates, except so far as they may be simultaneously released 14. Alluvial deposit along river when man-made
or discharged. (Section 59 of PD 1529) 15. Others of similar character
NOTE: Grazing lands are not alienable under Section 1, Article XIII of the
1935 Constitution and Sections 8, 10 and 11 of Article XIV of the 1973
Constitution. While the 1987 Constitution does not specifically provide that
grazing lands are not disposable, yet if such lands are part of a forest
reserve, there can be no doubt that the same are incapable of
registration. (Director of Lands vs. Rivas, 141 SCRA 329, 335)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
A. Classifications of Lands of the Public Domain public lands and form part of the public domain.(Republic v. Paraaque,
The classification is an exclusive prerogative of the executive, not G.R.NO. 191109, July 18, 2012)
the judiciary branch. Anyone who has applies for confirmation of
169
imperfect title has the burden of proof to overcome the Q: How are public lands suitable for agricultural purposes
presumption that the land sought to be registered forms part of disposed of?
the public domain. A: Public lands suitable for agricultural purposes are disposed of
as follows:
1. Under the 1987 Constitution 1. Homestead settlement
a. Agriculturalthe only one subject to alienation 2. Sale
b. Forest or timber 3. Lease
c. Mineral lands 4. Confirmation of imperfect title or incomplete titles either by
d. National park judicial or administrative legalization
2. Under the Public Land Act 5. Free title
a. Alienable/disposable
a.1. Agricultural DEALINGS WITH UNREGISTERED
a.2. Residential, commercial, industrial
2.3. Educational, charitable PROPERTIES
2.4. Town sites and for pubic and quasi-public uses
b. Timber lands: inalienable A. Registration of Instruments Dealing with Unregistered
c. Mineral lands: inalienable Lands.
GENERAL RULE: If patent or title is issued, it is void abinitio for All instruments affecting lands originally registered under the
lack of jurisdiction. Spanish Mortgage Law may be recorded under Section 113 of PD
It is not subject to acquisitive prescription even if in possession 1529 until the land shall have been brought under the operation
for a long time, it will not ripen to ownership. of Torrens System.
EXCEPTION: Mineral lands and forest lands acquired before
inauguration of Commonwealth in November 15, 1935 because Q: Which lands are registrable?
there are vested rights which are protected. A: The lands that are registrable are the following:
1. Alienable and disposable public agricultural lands
A mere surveyor has no authority to reclassify lands of the public domain. 2. Private lands
By relying solely on the said surveyors assertion, petitioners have not
sufficiently proven that the land in question has been declared alienable. B. Recording of Ministerial Officers (Section 113 of PD
Land of the public domain, to be the subject of appropriation, must be 1529)
declared alienable and disposable either by the President or the Secretary
1. No instrument or deed affecting rights to real property not
of the DENR.(Republic v. De Joson, G.R. No. 163767. March 10, 2014)
registered under the Torrens System shall be valid except as
Only when the property has become patrimonial can the prescriptive between persons thereto, until such instrument or deed shall
period for the acquisition of property of the public domain begin to run. have been registered in the manner prescribed herein
(Malabanan vs. Republic, 587 SCRA 172) 2. This provision cannot be interpreted to include conveyances
made by ministerial officers such as the sheriffs deeds
It is elementary in the law governing natural resources that forest lands cannot 3. It contemplates only instruments as may be created through
be owned by private persons. It is not registerable and possession thereof, no agreement between parties
matter how lengthy, cannot convert it into private property, unless such lands
4. The recording shall be without prejudice to a third person with
are reclassified and considered disposable and alienable. (Spouses Palomo, et.
al., v. CA, et. al., G.R. No. 95608) better right
5. The Register of Deeds does not exercise a judicial or quasi-
The usual proviso requiring the reservation to be subject to private rights judicial power in the registration sheriffs deeds or certificates of
simply means that persons claiming rights over the reserved land are not sale
precluded from proving their claims.(Republic v. Fabio, G.R. No. 159589, 6. If the Registrar refuses to register the instrument, he shall
Dec. 23, 2008) advise the party in interest in writing the grounds for his refusal,
and the latter may elevate the matter to the Administrator en
To qualify as foreshore land, it must be shown that the land lies between
consulta.
the high and low water marks and is alternately wet and dry according to
the flow of the tide. The land's proximity to the waters alone does not
automatically make it a foreshore land. (Almagro v. Kwan, 634 SCRA Q: Are both voluntary and involuntary instruments affecting
250) unregistered lands needed to be registered?
A: Yes. From the provisions of Section 113 of PD 1529, it is clear
The notation made by a surveyor-geodetic engineer that the property that (1) voluntary and involuntary instruments affecting
surveyed is alienable and disposable is not the positive government act unregistered land must also be registered; (2) that with respect
that would remove the property from the inalienable domain. Neither it is to voluntary instruments, it is the registration thereof that makes
the evidence accepted as sufficient to controvert the presumption that
them binding even as against third persons; and (3) that a party to
the property is inalienable.(Republic v. Espinosa G.R.NO. 171514, July
18, 2012) such instrument may, when proper, resort to the remedy of
consulta.
Foreshore and submerged areas irrefutably belonged to the public
domain and were inalienable unless reclaimed, classified as alienable Q: What is appeal en consulta?
lands open to disposition and further declared no longer needed for A: Where the instrument is denied registration, the Register of
public service. The fact that alienable lands of the public domain were Deeds shall notify the interested party in writing, setting forth the
transferred to the PEA (now PRA) and issued land patents or certificates defects of the instrument or legal grounds relied upon, and advising
of title in PEAs name did not automatically make such lands him that if he is not agreeable to such ruling, he may, without
private.(Chavez v. Public Estates Authority and AMARI Coastal
withdrawing he documents from the Registry, elevate the matter by
Development Corporation, G.R. No. 133250, July 9, 2002)
consultawithin five (5) days from receipt of notice of the denial of
The subject reclaimed lands are still part of the public domain, owned by registration to the Commissioner of Land Registration. (Section 117
the State and, therefore, exempt from payment of real estate taxes. of PD 1529)The resolution or rulings in consultas shall be exclusive
Here, the subject lands are reclaimed lands, specifically portions of the and binding upon all Register of Deeds, provided, that the party in
foreshore and offshore areas of Manila Bay. As such, these lands remain interest who disagrees with the final resolution, ruling or order of the
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Commissioner relative to consultas may appeal to the Court of Q: Is adverse possession similar with possession required in
Appeals within the period and in manner provided in RA 5434. acquisitive prescription? 170
(Section 117 of PD 1529) A: Yes, possession, to constitute a foundation of a prescriptive
right, must be possession under claim of title or it must be
C. How Recording is Effected(Section 113 of PD 1529) adverse. (Cuaycong v. Benedicto, G.R. No 9989)
1. The registrar shall keep a primary entry book and a
registration book Q: What are the requisites in order to acquire land title through
2. The primary entry book shall contain an entry number, names adverse possession?
of parties, nature of the document, and the date, hour and Q: The requisites are the following:
minute it was presented 1. The possession must be open, continuous, exclusive,
3. After recording, the Register of Deeds shall endorse on the notorious, and in the concept of an owner
original of the instrument the file number and the date as well as 2. The possession must be uninterrupted for a period of at least
the hour and minute when the instrument is received, returning ten (10) years if the possession is in good faith, or at least thirty
to the registrant the duplicate of the instrument with a (30) years if in bad faith or without just title
certification that he has recorded the same. 3. The land possessed must be an alienable and disposable
public land.
Q: What are the general incidents of registered land?
A: Registered lands or the owners are not relieved from the There must be an express declaration by the State that the public
following: dominion property is no longer intended for public service or the
1. Any rights incident to the relation of husband and wife, development of the national wealth or that the property has been
converted into patrimonial. Without such express declaration, the
landlord and tenant
property, even if classified as alienable or disposable, remains property of
2. Liability to attachment or levy on execution the public dominion, pursuant to Article 420(2), and thus incapable of
3. Liability to any lien of any description established by law on acquisition by prescription. For one to invoke the provisions of Section
the land and buildings thereon, or in the interest of the owner in 14(2) and set up acquisitive prescription against the State, it is primordial
such land or building that the status of the property as patrimonial be first established.
4. Any right or liability that may arise due to change of the law of Furthermore, the period of possession preceding the classification of the
descent property as patrimonial cannot be considered in determining the
5. The rights of partition between co-owners completion of the prescriptive period. Tax declarations per se do not
qualify as competent evidence of actual possession for purposes of
6. The right of government to take the land by eminent domain
prescription. A claim of ownership will not proper on the basis of tax
7. Liability to be covered by an assignee in insolvency or trustee declarations if unaccompanied by proof of actual possession.
or bankruptcy under the laws relative to preferences (Tan vs. Republic, G.R. No. 193443 G.R. No. 193443, April 16, 2012)
8. Any other rights or liabilities created by law and applicable to
unregistered land. The burden of proof in overcoming the presumption of State ownership
of the lands of the public domain is on the person applying for
THE PROPERTY REGISTRATION DECREE VIS-A-VIS registration (or claiming ownership), who must prove that the land
THE PUBLIC LAND ACT subject of the application is alienable or disposable. It is settled that the
applicant must present proof of specific acts of ownership to substantiate
the claim and cannot just offer general statements which are mere
PROPERTY PUBLIC LAND ACT
conclusions of law than factual evidence of possession. (Valiao v.
REGISTRATION DEGREE
Republic, 661 SCRA 299)
P.D. No. 1529 C.A. No. 141
1.Governs the registration of 1. Remains as the existing general
Q: Against whom can acquisition of ownership by prescription
lands under the Torrens law governing the classification and
System as well as disposition of lands of the public
not be used?
unregistered lands, including domain other than timber ad mineral A: Acquisition of ownership by prescription is unavailing against
chattel mortgages.(Secretary lands, and privately owned lands the registered owner and his hereditary successors because
of DENR v. Yap, G.R. No. which reverted to the State. under Section 47 of Property Registration Decree, registered
167707, October 8, 2008) 2. The presumption is that the lands lands are not subject to prescription. No title to registered land in
2. There already exists a title applied for belong to the State, and derogation of the title of the registered owner shall be acquired
which is confirmed by the that the occupants and possessors by prescription or adverse possession. (Agcaoili, Reviewer in
court. only claim an interest in the same by
Property Registration and Related Proceedings, 2008, p. 341)
3. The Civil Code provisions virtue of their imperfect title or
on prescription in general continuous, open and notorious
apply to all types of land. possession since June 12, 1945 or Purchaser in Good Faith
earlier. (Republic v. Herbierto, G.R.
No. 156117. May 26, 2005) The RTC shall not entertain a petition for review of the decree of
3. Civil Code provisions on registration where an innocent purchaser for value has acquired
prescription do not apply to lands of the land or an interest therein, whose rights may be prejudiced.
public domain covered by Public Land Whenever the phrase "innocent purchaser for value" or an
Act.
equivalent phrase occurs in this Decree, it shall be deemed to
include an innocent lessee, mortgagee, or other encumbrancer
for value. (Section 32, P.D. 1529)
ADVERSE POSSESSION
Just as an innocent purchaser for value, a mortgagee may rely on what
appears on the face of the Torrens title. And when an innocent
Q: When is possession adverse? mortgagee acquires rights over the mortgaged property, the court cannot
A: Possession of land is adverse when open and notorious. It is disregard such rights which must be respected and protected.A
open when it is patent, visible and apparent and it is notorious mortgagee has a right to rely in good faith on the certificate of title of the
when it so conspicuous and is generally known and talked of by mortgagor of the property given as security and in the absence of any
the public or the people in the neighbourhood. (Heirs of sign that might arouse suspicion, has no obligation to undertake further
Tanyagvs. Gabriel, 669 SCRA 284) investigation. Hence, even if the mortgagor is not the rightful owner of,
or does not have a valid title to, the mortgaged property, the mortgagee
in good faith isnonetheless entitled to protection.(Cabuhat v. CA, 366
SCRA 176)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
The purchaser is only charged with notice of the burdens in the presents the oldest title, provided there is good faith. (Section
property which are noted on the face of the register or the 1544 of the Civil Code) 171
certificate of title.However, under Article 1544 of the Civil Code,
mere registration is not enough to acquire new title. Good faith Since the land was already registered under the Torrens System, the
must concur.Good faith consists in the possessors belief that registration of the sale to under Act 3344 was not effective to bind the
the person from whom he received the thing was the owner of land for purposes of Double Sales. Registration must be done in the
proper registry to bind the land. (Spouses Abrigo v. De Vera, G.R. No.
the same and could convey his title. There is good faith where
154409. June 21, 2004)
there is an honest intention to abstain from taking an
unconscientious advantage from another. Otherwise stated, good Q: Can a forged document, procured through fraud, be a root of
faith is the opposite of fraud and it refers to the state of mind valid title?
which is manifested by the acts of the individual concerned. A:When the instrument presented is forged, even if
accompanied by the owners duplicate certificate of title, the
A. Exceptions to Innocent Purchaser in Good Faith and registered owner does not thereby lose his title, and neither does
for Value the assignee in the forged deed acquire any right or title to the
1. As between two persons both of whom are in good faith and property. That a forged deed is an absolute nullity and conveys
both innocent of any negligence, the law must protect and prefer no title is a settled principle. (Section 53 of P.D. No. 1529)
the lawful holder of registered title over the transferee of a But as also held in the Solivel vs. Francisco, 170 SCRA 218, 226
vendor bereft of any transmissible rights. the fraudulent and forged document of sale may become the
(Sanchez v.Quinio, 463 SCRA 471) root of a valid title if the certificate has already been transferred
from the name of the true owner to the name indicated by the
2. The doctrine relied upon by the appellate court that a forged forger,or to the name of the forger. For then the vendee, or even
instrument may become the root of a valid title, cannot be a mortgagee, as innocent third person for value had the right to
applied where the owner still holds a valid and existing certificate rely on the correctness of the certificate of title. This doctrine of a
of title covering the same interest in a realty. The doctrine would forged document becoming a root of a valid title cannot, however,
apply rather when the forger thru insidious means obtains the be applied where the owner still holds a valid and existing
owner's duplicate certificate of title, converts it in his name, and certificate of title covering the same property. The law protects
subsequently sells or otherwise encumbers it to an innocent and prefers the lawful holder of registered title over
holder for value, for in such a case the new certificate is binding the transfer of a vendor bereft of any transmissible right.
upon the owner. (Sec. 55, Act 496; Sec. 53, P.D. No. 1529)But if
the owner holds a valid and existing certificate of title, his would
be indefeasible as against the whole world, and not that of the CHATTEL MORTGAGES
innocent holder's.Prior tempore potior jure. (Torres v. CA)
A. Registration of Chattel Mortgages
3. One who purchases a land the certificate of title of 1. Execution of document
which contains a notice of lispendens is a purchaser in bad faith. 2. Present the document together with affidavit of good faith.
(Phil. National Bank vs. CA, 98 SCRA 207, 232) An affidavit of good faith is a statement that:
a. The mortgage is made to secure obligation specified
4. The fact alone that the vendees purchased the property with b. That it is a valid and just obligation
full knowledge of the flaws and defects in the title of their vendors c. That it is not entered into for purposes of fraud
is enough proof of their bad faith. 3. Payment of fees
(Abad vs. Guimbas, 465 SCRA 356, 367) 4. ROD enters in Day Book in strict order of their presentation
the chattel mortgages and other instruments relating thereto
5. That the title of the land purchased was reconstituted is a (primary process)
circumstance that should alert the purchaser to make the 5. ROD thereafter enters in a more detailed form the essential
necessary investigation in the office of the Register of Deeds contents of the instrument in the Chattel Mortgage Register
concerned. If he failed to do so and it turns out that the owner is (complementary process)
other than the seller or that irregularity attended the issuance
of the reconstituted title, then the purchaser could not be By a chattel mortgage, personal property is recorded in the
considered as a purchaser in good faith and for value. (Premiere Chattel Mortgage Register as a security for the performance of
Development Bank vs. Court of Appeals, 453 SCRA 630, G.R. No. an obligation. If the movable, instead of being recorded, is
128122) delivered to the creditor or a third person, the contract is a
pledge and not a chattel mortgage. The provisions of the Civil Code
6.Where the land sold is in the possession of a person other than on pledge, insofar as they are not in conflict with the Chattel
the vendor, the purchaser must go beyond the certificate of title Mortgage Law, shall be applicable to chattel mortgages. (Agcaoili,
and make inquiries concerning the actual possessor. A buyer of Property Registration Decree and Related Laws, 2006, p. 809)
real property which is in possession of another must be wary and
investigate the rights of the latter. Otherwise, without such Q: What is the purpose of chattel mortgage registration?
inquiry, the buyer cannot be said to be in good faith and cannot A: The sole purpose and object of the chattel mortgage registry is
have any right over the property. (Tio v. Abayata, 556 SCRA 175) to provide for the registry of chattel mortgages, and
transfers thereof, that is to say, mortgages of personal property
Double Sale executed in the manner and form prescribed in the statute. A
factory building is real property, and the mere fact that it is
If the same thing should have been sold to different vendees, the mortgaged and sold, separate and apart from the land on which it
ownership shall be transferred to the person who may have first stands, in no wise changes its character as real property. Hence,
taken possession thereof in good faith, if it should be movable neither the original registry in a chattel mortgage registry of an
property. Should it be immovable property, the ownership shall instrument purporting to be a chattel mortgage of a building and
belong to the person acquiring it who in good faith first recorded the machinery installed therein, nor the annotation in that
it in the Registry of Property. Should there be no inscription, the registry of the sale of the mortgaged property, has any effect
ownership shall pertain to the person who in good faith first in whatever insofar as the building is concerned. (Leung Yee v.
the possession; and, in the absence thereof, to the person who Strong Machinery Co., GR No. L-11658)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Q: Where is a chattel mortgage registered? DIFFERENT KINDS OF PATENTS
A: A chattel mortgage shall be recorded in the office of the 172
Register of Deeds of the province or city where the mortgagor To Whom Requirements
resides as well as where the property is situated or ordinarily kept. Granted
(Section 114 of PD 1529) Homestead Patent
A homestead patent Does not own more than twenty-four
may be issued to hectares of land in the Philippines or
Q: How is motor vehicle mortgages registered?
any citizen of this has not had the benefit of any gratuitous
A: The mortgage of any motor vehicle in order to affect third country over the allotment of more than twenty four hectares
persons should not only be registered in the Chattel Mortgage age of 18 years or of land since the occupation of the Philippines
Registry, but the same should also be recorded in the Motor Vehicles the head of a by the United States. (Sec. 12, Public Land
Office as required by Section 5(e) of the Revised Motor Vehicles family. Act)In view of the Constitutional limitation on the
Law. The failure of the mortgage to report the mortgage executed number of hectares to be granted, the 24
in his favor has the effect of making said mortgage ineffective hectares stated in said Section 12 should be
against a purchaser in good faith who registers his purchase in understood to refer to only 12 hectares.
Residence for at least one year in the
the Motor Vehicles Office. The recording provisions of the Revised
municipality where the where the land is
Motor Vehicles Law are merely complementary to those of the situated.
Chattel Mortgage Law. (Leung Yee v. Strong Machinery Co. GR Must have cultivated at least one-fifth of the land
No. L-11658) Thus, as between a chattel mortgagee, whose applied for.
mortgage is not recorded in the Motor Vehicles Office, and an
innocent purchaser for value of a car who registers the car in his Free Patents
name, the latter is entitled to preference. (Montano v. Manila Any natural-born Must not own more than 12 hectares.
Trading & Supply Co., GR No. L-13057) citizen of the At least 30 years prior to the effectivity of the
Philippines amendatory act, has continuously occupied
and cultivated, either by himself or through
Q: Is mortgagees right of possession preparatory to foreclosure?
his predecessors in interest tract/s of
A: Yes. Section 14 of the Chattel Mortgage Law (Act No. agricultural public lands subject to disposition.
1508, as amended) provides, inter alia, that the mortgagee, Paid the real taxes thereon while the same
his executor, administrator, or assign, may, after thirty days from has not been occupied by any person.
the time of condition broken, cause the mortgaged property, or any Such tract/s of land does not exceed 12
part thereof, to be sold at public auction. The mortgagee then has hectares. (Section 44 of Public Land Act, as
the right to the possession of the property mortgaged for the amended by RA 6940)
purpose of selling it a public auction. But the mortgagee may not Sales Patent
secure possession of said property against the will of the debtor. Only citizens of the The land applied for is sold at public auction,
Philippines of and the highest bidder to whom the land shall
The law does not allow the creditor himself to take possession
lawful age, and be awarded, whether he be the applicant or any
of the mortgaged property through violence and against the will such citizens not of other Filipino citizen, is thereafter required to
of the debtor because the creditors right of possession is lawful age who is a have at least 1/5 of the land broken and
conditioned upon the fact of default and the existence of this fact head of a family. cultivated within 5 years from the date of the
may naturally be the subject of controversy. The debtor, for Private award.
instance, may claim in good faith, and rightly or wrongly, that the corporations or Subject land does not exceed 12 hectares.
debt is paid, or that for some other reason the alleged default is associations are A sales patent maybe issued after full
non-existent The remedy then, if the debtor refuses to yield up not qualified to payment of the purchase price and the
purchase such land. awardee shall have established actual
the property, is for the creditor to institute an action, either to
(Section 22, Public occupancy, cultivation, and improvement of at
effect a judicial foreclosure directly, or to secure possession as a Land Act, in relation least 1/5 of the land until the date of final
preliminary to the sale contemplated. (BPI Credit Corp. vs. CA, 204 to Art. XII, Section 3, payment. (Sections 24 to 28 of Public Land
SCRA 601, 611)Corollary, the foreclosure and actual sale of a Constitution) Act)
mortgaged chattel bars further recovery by the vendor of any For agricultural lands which are suitable for
balance in the outstanding obligation not so satisfied by the sale. residential, commercial or industrial purposes,
(Esquerra vs. CA, 173 SCRA 1, 10) not exceeding 12 hectares, a sales patent may
be issued only after full payment of purchase
price and after completion and construction of
LAND PATENTS permanent improvements appropriate for the
purpose for which the land is purchased
within 18 months from date of award.
The registration of public land patents is required by Section 103 (Sections 59, 61, 63, 65, 67 of CA 141)
of PD 1529, which is a restatement of Section 122 of the Land NOTE: RA 730, which took effect on June 18,
Registration Act (Act No. 496). Correspondingly, Section 107 of 1952, permits the sale without public auction
Commonwealth Act No. 141 or the Public Land Act provides that of public lands for residential purposes to any
the actual conveyance of land covered by all public land patents Filipino citizens of legal age who is not the
or certificates of land grant shall be effected only as provided in owner of a home lot in the municipality in
Section 122 of Act No. 496, that is, after the registration thereof which he resides and who in good faith
established his residence on the subject land
in the Office of the Register of Deeds concerned. (Aquino, Land
not needed for public service, of not more
Registration and Related Proceedings, 2007, p. 148) than 1000 sq. m.
FURTHER NOTE: The act which authorizes
The land patents issued by the Government under the Public Land private sale without public bidding, is an
Act are the homestead patent, free patent, sales patent, and exception to the general rule that sale should
what is denominated as special patents. be by bidding. But this Act applies only if the
area applied for does not exceed 1,000
Citizens of the Philippines may acquire not more than twelve square meters and the purchaser has the
qualifications specified therein. Moreover, as
hectares of agricultural land of the public domain by purchase,
amended by P.D. 2004 lands acquired under
homestead, or grant. (Article XII, Sec. 3, 1987 Constitution) this law shall not be subject to any
restrictions against encumbrance or
alienation before and after the issuance of the
patents thereon.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
Special Patents before twenty-five years after issuance of title without the
May also be Public land conveyed under the Act is limited to approval of the Secretary of Environment and National Resources.
granted to Non- not more than 12 hectares, and a special (Section 118 of the Public Land Act)
173
Christian Filipinos. patent may be issued by the Government in
(Section 84 of favor of the owner of the landed estate For the purpose of computing the five-year prohibition against alienation of
Pubic Land Act) As acquired. homestead and patent grants, the patent is deemed issued upon
soon as the NOTE: Original certificates of title issued promulgation of the order for issuance thereof by the Director of
Secretary of Local pursuant to Special Patents serve as concrete Lands.(Decolongon vs. CA, 122 SCRA 843, 849)
Government shall and conclusive evidence of an indefeasible title
certify that the to the properties covered thereof. (Cagayan de
This prohibition is embracing and covers and extends even to sales to the
majority of Oro City Landless Residents Assn., Inc. vs. CA,
homesteaders own son or daughter or descendants. And this restriction
inhabitants of any 254 SCRA 220, 230)
may not be circumvented by stipulating in the deed of sale that the actual
given reservation
conveyance of the land or portion thereof would be made only after the
have advanced
lapse of the 5-year period. The deed is illegal and void ab initio. (Homena
sufficiently in
vs. Casa, 157 SCRA 232, 235)
civilization, then
the President may
order that the lands Q: What are the exceptions to the rule on restrictions on alienation
of the public or encumbrance of lands titled pursuant to patents?
domain within such A: Actions for partition because it is not a conveyance and
reservations be alienations and encumbrances made favour of the government.
granted under the
general provisions 2.The taking of said properties for the satisfaction of debts
of this Act to the contracted before the expiration of said period.(Section 118 of PD
said inhabitants.
1529)
Similarly, special
patents may be 3. Conveyances and encumbrances made by persons belonging to
issued covering the non-Christian tribes may be made only when the person
lands that may be making the conveyance or encumbrance is able to read and
sold under the understand the language in which the instrument or deed is
provisions of written. And for conveyances and encumbrances made by illiterate
Sections 69 and 70 non-Christians, the approval by the then Commissioner of
of the same Act, Mindanao and Sulu is necessary. (Section 120 of CA 141)
which authorize
4. A private corporation, association or partnership may lease
concession of lands
of the public lands covered by free patent, homestead patent or individual sales
domain for patent solely for commercial, industrial, educational, religious or
educational, charitable purposes or for a right of way, with the consent of the
charitable and grantee and the approval of the Secretaryof Environment and
similar purposes. Natural Resources.(Section 121 of CA 141, in relation to Article
XII, Section 3 of the 1987 Constitution)
Q: What is the purpose of chattel mortgage registration? 5. Disposal of lands originally acquired in any manner under the
A: Under Section 107 of the Public Land Act (Com. Act 141), all provisions of the Public Land Act to those who are qualified to
land patents must be registered since the conveyance of the acquire lands of the public domain. (Section 122 of CA 141)
land covered thereby is effective only upon such registration. This
registration is mandatory to affect third parties. (Sec. 51, P.D. No. Q: What are the effects of violations of the restrictions?
1529) A: Any acquisition, conveyance, alienation, transfer, or other
Absent such registration, title to the land covered thereby, whether contract made or executed in violation of any of the restrictions
it be by homestead, free patent or sales, may not be considered under CA 141 shall be unlawful, null and void from its execution
as perfected and, perforce, not indefeasible. A patent becomes and shall produce the effect of annulling, and cancelling the grant,
indefeasible as a Torrens Title only when the said patent is title, patent or permit originally issued, recognized or confirmed,
registered pursuant to P.D. No. 1529. actually or presumptively and cause the reversion of the property and
its improvements to the State. (Section 124 of CA 141)
Q: What is the nature of a certificate of title pursuant to a public land
patent? B. Right to Repurchase or Redeem
A: The original certificate of title issued pursuant to a public land Section 119 of the Public Land Act gives the owner-vendor of lands
patent partakes of the nature of a certificate of title issued in a acquired under free patent or homestead patent, his widow, or legal
judicial proceeding, as long as the land covered is really part of the heirs the right to repurchase the same, within five years from the
public domain. The certificate of title becomes indefeasible and date of conveyance.
incontrovertible upon the expiration of one year from the date
of the issuance of the order for the issuance of the patent, and Such right cannot be waived by the party entitled thereto and applies with
thus prescription cannot operate against the registered owner. equal force to both voluntary and involuntary conveyances. The 5-
(Republic vs. Heirs of Carle, 105 Phil. 1227)Lands covered by such year period for its exercise starts from the date of the execution of the deed
title may no longer be the subject matter of cadastral proceedings, of sale, even if full payment of the purchase price is not made on said date,
unless there is a stipulation in the deed that ownership shall not vest in the
nor can it be decreed to another person. (Gomez vs. CA, 168 SCRA
vendee until full payment of the price. And this period cannot even be
503, 511) restricted by an order of the Court that the right to repurchase should be
exercised only within 30 days from finality of decision in reconveyance case
A. Restrictions filed by the vendor-patentee against the vendee who refused to allow
1. No alienation or encumbrance of lands acquired under free repurchase. Such suit merely suspended the period to repurchase, and
patent or homestead patent, except in favour of the government which period commence to run only after finality of the decision therein.
or any of its branches, units, or institution, or legally constituted (Sucaldito vs. Montejo, 193 SCRA 556, 560)
Banking Corporation, from the date of approval of the application
With respect to mortgaged land granted under homestead patent, or free
and for a term of five years from and after the date of issuance of
patent, which was sold at extra-judicial foreclosure, the 5-year period of
the patent or grant. This provision also proscribes the alienation, redemption began to run from the day after the expiration of the one-
transfer or conveyance of any homestead after five years and
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
year period to repurchase allowed in extra-judicial foreclosure. (Belisario Q: What is the difference between Reversion and Escheat?
vs. IAC, 165 SCRA 101) A: An action for reversion is slightly different from escheat
Where the mortgagor has filed suit to redeem the property within that proceeding, but in its effects they are the same. They only differ in
174
period, there is no need to make an offer to redeem, or tender payment of
procedure. Escheat proceedings may be instituted as a consequence
the purchase price, not even a need for the consignation of the
redemption price. The filing of such action is equivalent to a formal offer of a violation of the Constitution which prohibits transfers of private
to redeem. (Torio vs. Rosario, 93 Phil. 801) agricultural lands to aliens, whereas an action for reversion is
expressly authorized by the Public Land Act.(Rellosa v. GawChee
C. Acquisition of Patents Hun, GR No. L-1411, 93 Phil. 827)
1. Succession (Testate and Intestate)
a. By Descenttitle is acquired when an heir succeeds the 2. Cancellation Suitsif the land covered by patent was a
deceased owner whether by testate or intestate. private land, the Director of Lands has no jurisdiction over it and
b. By Deviseperson acquires land from one who may or may title issued pursuant to the patent is a nullity. The aggrieved private
not be a relative, if he is named in the deceaseds will as party may institute an action for cancellation of such title. (Agne vs.
devisee for such property. Director of Lands, 181 SCRA 793, 803-804)
2. Prescriptionpossession of land for required number of years 3. Action for Reconveyancean action for reconveyance is
and assertion of ownership through an uninterrupted actual proper where the patent and corresponding certificate of title
possession of property within the period of tie prescribed by law. were acquired in breach of constructive or implied trust, as when
(Articles 712, 1143, 1137 of the Civil Code) a co-heir obtains title over portions that do not belong to him, or
when a tenant similarly obtained title on the land he was tilling.
D. Actions in Cases of Improper or Illegal Issuance of (Obanana vs. Boncaros, 128 SCRA 457)
Patents
1. Reversionthe objective of an action for reversion of THE FUNCTIONS OF THE COURTS, REGISTER OF DEEDS,
property is the cancellation of the certificate of title and the AND LAND REGISTRATION AUTHORITY IN LAND
consequential reversion of the land covered thereby to the State. REGISTRATION
The grounds are:
a. Violations of the restrictions laid down in the Public Land Act Functions
b. When the land patented and titled is not capable of registration, Register of Deeds Land Registration Courts
or a non-registrable land Authority
1. Registration of an 1. Assist the 1. Jurisdiction over
c. Failure of the grantee to comply with conditions imposed by law
instrument presented Department of applications for original
to entitle him to a patent or grant for registration dealing Agrarian Reform, the registration of titles to
d. When the land is acquired in violation of the Constitution with real or personal Land Bank, and other lands, including
property which agencies in the improvements and
The Solicitor General, in behalf of the Republic of the Philippines, is by complies with the implementation of the interests therein, and
law the proper official to institute an action for reversion. Thus, he has requisites for land reform program
the specific power and function to represent the Government in all land registration. of the government. 2. Petitions filed after
registration and related proceedings and to institute actions for the original registration,
reversion to the Government of lands of the public domain and 2. To see to it that 2. Assist the courts in with power to hear
improvements thereon as well as lands held in violation of the said instrument bears ordinary and cadastral and determine all
Constitution. (Maximo vs. CFI of Capiz, Branch III, 182 SCRA 420, the proper land registration questions arising upon
425) documentary and proceedings. such application or
stamps and that the petitions.
REVERSION V. ORDINARY CIVIL ACTION FOR same are properly 3. Central repository of
DECLARATION OF NULLITY OF FREE PATENTS AND cancelled. records relative to the
CERTIFICATE OF TITLE original registration of
3. If the instrument is lands titled under the
Reversion Declaration of Nullity of Free not registrable. Torrens system,
Patents and Certificate of Title including the
Evangelista v. Santiago, 457 SCRA 744 (2004); Heirs of 4. To deny the subdivision and
Kionisala v. Heirs of Dacut, 378 SCRA 206, 214-215 registration thereof consolidation plans of
The allegation in the complaint Complaint requires allegations of and inform the titled lands.
admits State ownership of the the plaintiffs ownership of the presentor of such
disputed land. contested lot prior to the issuance denial in writing, 4. To adjudicate
of such free patent and certificate stating the ground or appeal en
of title as well as the defendants reason therefor. consultacases.
fraud or mistake, as the case may
be, in successfully obtaining these 5. Advising a party of
documents of title over the parcel his right to appeal by
of land claimed by the plaintiff. consulta.
The nullity arises from violations of The nullity arises strictly not from
6. Prepare and keep
the restrictions, non-compliance fraud or deceit but from the fact
an index system which
with the conditions, or that the land that the land is beyond the
contains the names of
involved is non-registrable. jurisdiction of the Bureau of Lands
all registered owners
to bestow and whatever patent or
and lands registered.
certificate of title obtained therefore
is void ab initio.
Instituted by the Solicitor General in The real party in interest is not the
behalf of the Republic of the State but the plaintiff who alleges a
Philippines. pre-existing right of ownership over
the parcel of land in question even
before the grant of title to the
defendant.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CIVIL LAW I REVIEWER
affecting lands should be verified and acknowledged before
LAND REGISTRATION AUTHORITY a notary public or other public officer authorized by law to
take acknowledgment. (Gallardo vs. Intermediate Appellate
175
The Land Registration Authorityis the agency of the Court, 155 SCRA 248, 258)
Government charged with the efficient execution of the laws 5. When the instrument is not notarized.(Agcaoili,
relative to the registration of lands, and is under the executive
supervision of the Department of Justice. (Section 4 of PD Reviewer, 2008, p. 16)Notarial acknowledgment attaches full
No.1529) faith and credit to the document and vests upon it the
presumption of regularity. (Sales vs. CA, 211 SCRA 885, 865)
Q: What are the functions of the LRA Administrator?
NOTE: A deed of sale executed in a place other than where the
A: The functions of the LRA Administrator are the following:
property is located does not affect extrinsic validity of the
1. Issues decrees of registration pursuantto final judgments of instrument as long as the notary public concerned has
the courts in landregistration proceedings and cause authority to acknowledge the document executed within his
theissuance by the Registers of Deeds ofthe corresponding territorial jurisdiction.
certificates of title
2. Resolves cases elevated en consulta byor on appeal from
the decision of theRegister of Deeds THE COURTS JURISDICTION
3. Verify and approve subdivision,consolidation and
survey plans ofproperties titled under Act 496 and PD1529 The RTC of the province or city where the land is situated shall
except those covered by PD 957 have exclusive jurisdiction over all applications for original
4. Implements all orders, decisions, anddecrees promulgated registration of title to lands. An application may include two or
relative to the registration of lands, and issue, subjectto the more parcels of land belonging to the applicant/s provided they
approval of the Secretary ofJustice, all needful rules and are situated within the same province or city. (Sections 17 and
regulations 18 of PD 1529)
5. Acts as clerk of court in land and registration
proceedings The MTC exercises delegated jurisdiction only over original
6. Exercises executive supervision over allclerks of court and cadastral or land registration cases where either the subject
personnel of thecourts with respect to the discharge oftheir
duties and functions in relation tothe registration of lands matter is an uncontested lot or if contested the value of the lot
7. Exercises supervision and control overall Registers of Deeds should not exceed P100, 000.00. (Section 34 of BP 129) Matters
and otherpersonnel of the Commission. subsequent to the original registration by the MTC are to be
determined by RTC. (OCA Circular No. 38-97)
THE REGISTER OF DEEDS
Section 17 of PD 1529 denotes that it is imperative in an application for
original registration that the applicant submits to the court, aside from
It constitutes a public repository of records or instruments affecting
the original or duplicate copies of the muniments of title, a copy of the
registered or unregistered lands and chattel mortgages in the duly approved survey plan of the land sought to be registered. The
province or city where such office is situated. (Section 10 of PD survey plan is indispensible as it provides a reference on the exact
1521) identity of the land.The submission of a duly executed blueprint of the
survey plan and a duly executed technical description of the property
GENERAL RULE: It is the duty of the register of deeds to operates as substantial compliance with the legal requirement of
immediately register an instrument presented for registration ascertaining the identity of the lots.(Republic v. Guinto-Aldana, G.R.
dealing with real or personal property which complies with all the No. 175578)
requisites for registration.
The Spanish titles informacionpossessoriaand composiciongratuitacan no
longer be used as bases for application for registration because PD 892
NOTE: Where, however, the Register of Deeds is in doubt as to the
discontinued their use as titles of ownership. (Director of Lands v. Rivas)
proper action to take on an instrument or deed presented to him for
Petitioners failed to establish legal or equitable title to the land. Spanish
registration, he should submit the question to the Administrator of the
titles can no longer be presented as proof of ownership whether in a land
Authority.
registration proceeding or in an action to remove a cloud on or to quiet
title. (Evangelista v. Santiago,G.R. No. 157447. April 29, 2005)
EXCEPTIONS: When the Register of Deeds may deny registration
of voluntary instruments. (Balbin vs. Register of Deeds of Ilocos Sur, A piece of land, registered through a homestead patent under the land
28 SCRA 12, 15-6) registration act cannot be the subject matter of a cadastral proceeding
1. Where there are more than one copy of the owners and any title issued thereon is null and void.Cadastral court has no
duplicate certificate of title and not all such copies are jurisdiction over registered land. (Duran vs. Olivia, G.R. No. L-16589)
presented to the Register of Deeds.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.