CIVIL LAW BAR NOTES

Based on Civil Law Reviewer vol. 1 by Elmer T. Rabuya

PERSONS AND FAMILY RELATIONS

Marriage
1. Ninal vs. Bayadog; Republic vs. Dayot – the five-year period should be computed on the basis of
a cohabitation as “husband and wife” where the only missing factor is the special contract of
marriage to validate the union. The five-year period shall be a period of cohabitation characterized
by exclusivity and continuity.
2. Navarro vs. Domagtoy – where a judge solemnized a marriage outside his court’s jurisdiction,
this is a mere irregularity in the formal requisite, which while it may not affect the validity of the
marriage, may subject the officiating official to administrative liability. (But this is only an obiter
dictum, according to Sempio-Diy. – She says its an absence of formal requisite of marriage, thus
void.)
3. Morigo vs. People – there is no marriage ceremony if what transpired was a mere private act of
signing a marriage contract by the contracting parties, without the presence of the solemnizing
officer. (compare with Infante vs. Arenas)
4. Infante vs. Arenas – if the signing of the marriage contract was done in the presence of the
solemnizing officer, there is a marriage ceremony even if the persons did not verbalize their
consent to the marriage.
5. Republic vs. Obrecido III – in a case where both parties were Filipino citizens at the time of the
celebration of marriage, but later on, one of them becomes naturalized as foreign citizen and
thereafter obtains a valid divorce decree, Article 26 of the FC applies.
6. Braza vs. The City Civil Registrar of Himamaylan City, Negros Occidental – the trial court
has no jurisdiction to nullify marriages in a special proceeding for cancellation or correction of
entry under Rule 108 of the Rules of Court. (Must be distinguished from Republic vs. Olaybar)
7. Republic vs. Olaybar – this case involved identity theft; in allowing the correction of the subject
certificate of marriage by cancelling the name of the respondent in the wife portion thereof, the
Court held that the respondent did not seek the nullification of marriage as there was no
marriage to speak of.
8. A void marriage can be questioned even after the death of either party.
a. If the marriage sought to be declared void was celebrated during the effectivity of the Civil
Code, the ruling in Ninal that a petition for declaration of nullity may still be filed even
after the death of either party to that marriage still applies.
b. If the marriage is covered by A.M. No. 02-11-10-SC, a void marriage can still be
questioned even after the death of either party, but no longer by way of petition for
declaration of nullity of the marriage because the same can only be filed during the lifetime
of the parties.
9. Enrico vs. Heirs of Sps. Medinaceli; Carlos vs. Sandoval; Ablaza vs. Republic – only
compulsory or intestate heirs of the spouse may attack the validity of the marriage, for the
purpose of protecting their successional rights, upon the death of a spouse in a proceeding for the
settlement of the estate of the deceased spouse, for marriages covered by A.M. No. 02-11-10-SC,
or by way of a petition for declaration of nullity of marriage, for marriages celebrated under the
Civil Code.
10. Marriages covered by A.M. No. 02-11-10-SC (Rule on Declaration of Absolute Nullity of Void
Marriages and Annulment of Voidable Marriages)1
a. Rules:
i. It extends only to marriages covered by the Family Code which took effect on
August 3, 1988. But, being a procedural rule, it is confined only to proceedings
commenced after March 15, 2003.
1. So: it will only apply if the marriage subject matter of the Petition for
Declaration of Nullity is celebrated during the effectivity of the Family
Code and the PDN is filed after the effectivity of the Rule.
b. A petition for declaration of absolute nullity of void marriage may be filed solely by the
husband or the wife.
i. But this does not apply if the reason behind the petition is bigamy.
11. Marriages not covered by A.M. No. 02-11-10-SC
a. Compulsory or intestate heirs have the personality to file the petition upon the death of
the spouse. But they cannot do so while the spouse is still alive because in the meantime
they only have inchoate rights.

1 Excluded from coverage.

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Civil Law – Persons and Family Relations
2018 Bar Notes
 CIVIL LAW BAR NOTES
Based on Civil Law Reviewer vol. 1 by Elmer T. Rabuya

12. If solemnizer is not legally authorized to perform marriages, marriage is void, but if the marriage
is celebrated abroad and valid there as such, it is also considered valid in the Philippines even if
the solemnizer is not one of those authorized under Philippine laws.
a. EXC: if either or both parties believed in good faith that the solemnizing officer had the
legal authority to do so, the marriage is valid. – Must be a MISTAKE OF FACT!
13. If a subsequent marriage is contracted by the spouse present during the period of absence of his
or her absentee spouse but without judicial declaration of presumptive death of the absentee
spouse, the marriage is bigamous, hence void, and the crime of bigamy is committed.
a. BUT: this requirement applies only to subsequent marriages celebrated during the
effectivity of the Family Code.
i. Under the Civil Code, a judicial delcaration of presumptive death is not necessary
as long as the prescribed period of absence is met.
14. Psychological incapacity pertains to the inability to understand he obligations of marriage, as
opposed to a mere inability to comply with them.
15. Marcos vs. Marcos – there is no requirement that the defendant/respondent spouse should be
personally examined by a physician or psychologist as a condition sine qua non for the
declaration of nullity of marriage based on psychological incapacity. If the totality of evidence
presented is enough to sustain a finding of PI, then actual medical examination of the person
concerned need not be resorted to.
16. A marriage between a step-brother and a step-sister is void under the Civil Code, but is not
anymore prohibited under the Family Code.
17. Termination of a subsequent marriage:
a. Under the Civil Code, a subsequent marriage being voidable, it is terminated by final
judgment of annulment in a case instituted by the absent spouse reappears or by either
of the spouse in the subsequent marriage, and the ground for annulment is the
subsequent reappearance of the absentee spouse.
b. Under the Family Code, no judicial proceeding to terminate a subsequent marriage is
necessary. The subsequent marriage is automatically terminated by the recording of the
affidavit of reappearance of the absent spouse, without prejudice to the fact of
reappearance being judicially determined in case such fact is disputed.
18. Property relations:
a. GR: if the marriage is void, regardless of the cause thereof, the property relations of the
spouses during the period of cohabitation are governed by the provisions of Art. 147 or
148 as the case may be.
i. 147 – applies to unions of parties who are legally capacitated and not barred by
any impediment to contract marriage, but whose marriage is nonetheless void.
ii. 148 – applies to void marriages where the parties are incapacitated to marry each
other.
b. EXC: if the subsequent marriage is void by reason of non-compliance with Article 40 (but
the prior marriage is indeed void ab initio), the property relations would still be absolute
community or conjugal partnership of gains, as the case may be, or even complete
separation.
19. Tompkins vs. Tompkins – Doctrine of “triennial cohabitation” – the law presumes potency.
Hence, the burden of proof is upon the injured party who alleges the existence of impotency. But
if the wife remains a virgin after 3 years of cohabitation, the husband will be presumed impotent.

Legal Separation
1. Defenses in legal separation:
a. Condonation
b. Consent
c. Connivance
d. Collusion
e. Mutual guilt or recrimination, or when both parties gave ground for legal separation
f. Prescription
2. A protection order2 under R.A. No. 9262 is an order issued to prevent further acts of violence
against women and their children, their family or household members, and to grant other
necessary reliefs. Its purpose is to safeguard the offended parties from further harm, minimize
disruption in their daily life and facilitate the opportunity and ability to regain control of their life.
a. Temporary protection order (TPO) – issued by the court upon filing of the application after
an ex parte determination of the need of such protection, which shall be effective for 30
days

2 Dean Jara asked this in the finals.

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Civil Law – Persons and Family Relations
2018 Bar Notes
 CIVIL LAW BAR NOTES
Based on Civil Law Reviewer vol. 1 by Elmer T. Rabuya

b.Permanent protection order (PPO) – issued by the court after notice and hearing which
shall remain effective until it is revoked upon application of the person in whose favor the
order was issued
c. Barangay protection order (BPO) – issued by the Punong Barangay or, in case of his
unavailability, by any Barangay Kagawad, which is intended to afford temporary relief to
the victim
3. Protection order under A.M. No. 02-11-12-SC – the order of protection, as a form of provisional
remedy is available to any party in the legal separation case, be it the husband or the wife.

Rights and obligations between husband and wife

1. Obligation to observe mutual love, respect and fidelity – the court is powerless to enforce this
obligation but there are sanctions for non-observance of this obligation.

Property relations
1. In case of absence of marriage settlement or if the same is void:
a. And the marriage was celebrated prior to the effectivity of the FC: system of CPG shall
govern.
b. And the marriage was celebrated during the effectivity of the FC: the system of ACP
shall govern.
i. EXC: in case no liquidation of the ACP or CPG is made, either judicially or
extrajudicially, within 1 year from the death of the deceased spouse, a mandatory
regime of complete separation of property shall govern the property relations of
the subsequent marriage of the surviving spouse, even if such marriage is
celebrated in the absence of a marriage settlement.

Donations by reason of marriage or donations propter nuptias

1. Donations during marriage:
a. Rule: every donation or grant of gratuitous advantage, whether direct or indirect, between
the spouses during the marriage shall be void.
b. EXC: the spouses may validly give to each other moderate gifts on the occasion of any
family rejoicing.

System of absolute community and system of conjugal property of gains

ABSOLUTE COMMUNITY OF PROPERTIES CONJUGAL PARTNERSHIP OF GAINS (CGP)
(ACP)
The husband and the wife become joint owners This is a special type of partnership, where the
of all the properties of the marriage. husband and wife place in a common fund the
proceeds, products, fruits and income from their
Concept
separate properties and those acquired by either
or both spouses through their efforts or by
chance.
1. If marriage is celebrated under the Civil 1. If the marriage is celebrated under the Civil
Code (or prior August 3, 1988), ACP shall Code, the regime of CPG shall govern if:
govern if it was provided for in the marriage a. It was provided for in the marriage
settlement between future spouses. settlement between the future
2. If marriage is celebrated during the spouses; or
effectivity of the Family Code (on August 3, b. If there was no marriage
When 1988 or thereafter, ACP shall govern if: settlement at the time of the
governing a. It was provided for in the marriage celebration of the marriage, or if
settlement between future the marriage settlement was void.
spouses; or 2. If the marriage is celebrated during the
b. If there was no marriage effectivity of the Family Code, CPG shall
settlement at the time of the govern if it was provided for in the marriage
celebration of the marriage, or if settlement between the future spouses.
the marriage settlement was void.
Commence- At the precise moment that the marriage was celebrated. Any stipulation, express or implied, for the
ment commencement of this regime at any other time shall be void.
No waiver of rights, interests, shares and effects of the ACP/CPG during the marriage.
Waiver
EXC: when the waiver takes place upon a judicial separation of property.
All the property owned by the spouses at the 1. Properties by onerous title during the
time of the celebration of the marriage or marriage at the expense of common fund
acquired during the marriage, unless excluded a. EXC: for property acquired during
Properties
in the marriage settlement or under Article 92 of the marriage through the exercise
included the FC. of the right of redemption, even if
the redemption price comes from
conjugal funds, the property so

Molaer, Airisa Fe Esperanza D. 3

Civil Law – Persons and Family Relations
2018 Bar Notes
 CIVIL LAW BAR NOTES
Based on Civil Law Reviewer vol. 1 by Elmer T. Rabuya

ABSOLUTE COMMUNITY OF PROPERTIES CONJUGAL PARTNERSHIP OF GAINS (CGP)

(ACP)
acquired shall be the separate
property of the spouse to whom
the right of redemption pertains,
subject to reimbursement
2. Property obtained during the marriage from
the labor, industry, work or profession of
either or both spouses
3. Fruits from conjugal properties and “net
fruits” from separate properties
a. Sums representing installments
on the principal, exclusive
property of the spouse
b. But interest on the principal
falling due during the marriage,
conjugal property
4. Share in the hidden treasure and those
acquired through fishing or hunting
5. Livestock existing at the time of the
dissolution of the partnership, in excess of
the number of each kind brought to the
marriage by either spouse
6. Others:
a. Property bought through
installment prior to marriage but
payment is completed only during
the marriage – if full ownership is
vested during the marriage (there
shall be reimbursement upon
liquidation)
b. Improvement on separation
property during the marriage – if
cost of the improvement and any
resulting increase in value are
more than the value of the
property at the time of
improvement, entire property shall
belong to the CPG (there shall be
reimbursement upon the
liquidation and ownership shall be
vested only upon reimbursement)
1. Those excluded from the ACP in the 1. Properties acquired prior to the marriage:
marriage settlement a. EXC:
2. Those acquired during the marriage, by i. Fruits and income of said
gratuitous title by either spouse, including properties, which shall be
fruits and income thereof included in the conjugal
a. EXC: it is expressly provided by partnership, but only the
the grantor that they shall form “net fruits” shall be
part of the community of property. included
3. Those acquired before the marriage by ii. Those included therein in
either spouse who has legitimate the marriage settlement,
descendants by a former marriage, subject to the 1/5
including the fruits and income thereof limitation under Article
Properties 4. Those for personal and exclusive use of 84 and the rule in Article
excluded or either spouse 92(3) of the FC, which
separate a. EXC: jewelry shall form part of the apply by analogy
properties ACP 2. Properties acquired during the marriage by
gratuitous title
3. Properties acquired by right of redemption,
by barter or by exchange with property
belonging to only one of the spouses
4. Properties purchased with exclusive
moneys
5. Others:
a. Property bought through
installment prior to marriage but
payment is completed only during
the marriage – if full ownership is
vested prior the marriage (there

Molaer, Airisa Fe Esperanza D. 4

Civil Law – Persons and Family Relations
2018 Bar Notes
 CIVIL LAW BAR NOTES
Based on Civil Law Reviewer vol. 1 by Elmer T. Rabuya

ABSOLUTE COMMUNITY OF PROPERTIES CONJUGAL PARTNERSHIP OF GAINS (CGP)

(ACP)
shall be reimbursement upon
liquidation)
b. Improvement on separation
property during the marriage – if
cost of the improvement and any
resulting increase in value are less
than the value of the property at
the time of improvement, entire
property shall belong to the owner-
spouse (there shall be
reimbursement upon the
liquidation and ownership shall be
vested only upon reimbursement)
1. Support of: 1. Support of:
a. Spouses a. Spouses
b. Common children b. Common children
c. Legitimate children of either c. Legitimate children of either
spouse spouse
2. Debts and obligations 2. Debts and obligations
a. Antenuptial debts by either spouse a. Antenuptial debts by either spouse
only if they have redounded to the are chargeable if they have
benefit of the family redounded to the benefit of the
b. For those contracted during the family
marriage: b. For those contracted during the
i. If contracted by both marriage:
spouses i. If contracted by both
ii. If contracted by one spouses
spouse with the consent ii. If contracted by one
of the other spouse with the consent
iii. If contracted by one of the other
spouse without the iii. If contracted by one
consent of the other but spouse without the
only to the extent that consent of the other but
they have redounded to only to the extent that
the benefit of the family they have redounded to
iv. If contracted by the the benefit of the family
administrator-spouse for iv. If contracted by
the benefit of the administrator-spouse for
community the benefit of the
3. Taxes and expenses: conjugal partnership
Obligations
a. Taxes falling upon the community 3. Taxes and expenses:
chargeable
property a. Taxes falling upon the conjugal
to ACP/CPG b. Taxes falling upon the separate partnership property and those
property, if used by the family falling upon the separate property
c. Expenses incurred on the b. Expenses incurred in the conjugal
community property, whether the partnership property, whether the
repair is major or minor repair is major or minor
d. Expenses incurred on a separate c. Expenses incurred on a separate
property if: property if:
i. Incurred during the i. Incurred during the
marriage marriage
ii. For mere preservation ii. For mere preservation
iii. Property is used by the d. Expenses to enable spouse to
family commence or complete a
4. Expenses to enable spouse to commence or professional or vocational course,
complete a professional or vocational or other activity for self-
course, or other activity for self- improvement
improvement e. Value of what is donated or
5. Value of what is donated or promised by promised by both spouses in favor
both spouses in favor of common legitimate of common legitimate children for
children for the exclusive purpose of the exclusive purpose of
commencing or completing a professional or commencing or completing a
vocational court, or other activity for self- professional or vocational course,
improvement or other activity for self-
6. Expenses for litigation between the spouses improvement
a. EXC: the suit is found to be f. Expenses for litigation between the
groundless spouses
7. In case only of insufficiency or absence of i. EXC: the suit is found to
exclusive property of the debtor-spouse, be groundless

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Civil Law – Persons and Family Relations
2018 Bar Notes
 CIVIL LAW BAR NOTES
Based on Civil Law Reviewer vol. 1 by Elmer T. Rabuya

ABSOLUTE COMMUNITY OF PROPERTIES CONJUGAL PARTNERSHIP OF GAINS (CGP)

(ACP)
which shall be considered as advances to be
deducted from the share of the debtor-
spouse upon liquidation of the community,
for the following:
a. Antenuptial debt by either spouse
which did not benefit the family
b. Support of illegitimate children of
either spouse
c. Liabilities incurred by either
spouse by reason of a crime or
quasi-delict
1. Support of illegitimate children of either 1. Support of illegitimate children of either
spouse spouse
2. Liabilities incurred by reason of a crime or 2. Liabilities incurred by reason of a crime or
quasi-delict quasi-delict
3. Expenses for litigation between the spouses 3. Expenses of litigation between the spouses
if found to be groundless if found to be groundless
4. Losses during the marriage in any game of 4. Losses during the marriage in any game of
change, betting, sweepstakes or any kind of chance, betting, sweepstakes or any other
gambling whether permitted or prohibited kind of gambling whether permitted or
by law prohibited by law
5. Debts contracted during the marriage: 5. Debts contracted during the marriage:
Obligations a. By the administrator-spouse a. By the administrator-spouse
chargeable which did not benefit the which did not benefit the
to separate community partnership
property b. By one spouse without the b. By one spouse without the
consent of the other which did not consent of the other which did not
benefit the family benefit the family
6. Antenuptial debts by either spouse which 6. Antenuptial debts by either spouse which
did not benefit the family did not benefit the family
7. Taxes incurred on a separate property 7. Expenses incurred during the marriage on
which is not used by the family a separate property if the same is not for
8. Expenses during the marriage on a preservation
separate proeprty if:
a. Not for its preservation; and
b. The property is not used by the
family
1. Death of either spouse
a. The surviving spouse must liquidate the community property, either judicially or
extrajudicially, within 1 year from the death of the deceased spouse
i. Upon lapse of 1 year and no liquidation is made, any disposition or
encumbrance involving the community property of the terminated marriage
shall be void. (See Heirs of Patricio Go, Sr. and Marta Barola vs. Servacio)
ii. If the surviving spouse contracts another marriage without compliance with
the foregoing requirement, a mandatory regime of complete separation shall
Dissolution/
govern the property relations of the subsequent marriage.
termination 2. Finality of legal separation
a. The separation in fact (separation without a decree of legal separation) between the
husband and wife does not affect the regime of absolute community
3. Finality of judgment of annulment
4. Finality of judgment declaring the marriage void
a. This is applicable only to marriages declared void for failure to comply with Article 40
of the Family Code.
5. Upon judicial separation of property during marriage, either voluntarily or for a cause
1. Inventory, listing separately the exclusive properties and the properties of the absolute
community
2. Payment of debts and obligations of the absolute community
3. Whatever remains of the exclusive properties of the spouses shall thereafter be delivered to
each of them
Procedure
4. The net remainder of the properties of the absolute community shall constitute its “net assets,”
for
which shall be divided equally between the spouses, unless a different proportion or division
liquidation was agreed upon in the marriage settlement, or unless there has been a voluntary waiver of
of ACP/CPG such share
5. Delivery of presumptive legitimes of the common children
6. The conjugal dwelling, including the lot shall be adjudicated to the spouse with whom the
majority of the common children choose to remain unless otherwise agreed upon by the
parties. If case there is no majority, the court shall decide

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Civil Law – Persons and Family Relations
2018 Bar Notes
 CIVIL LAW BAR NOTES
Based on Civil Law Reviewer vol. 1 by Elmer T. Rabuya

1. Flores vs. Sps. Lindo – the wife signed the promissory note and the Deed of Real Estate
Mortgage, for herself and as attorney-in-fact of her husband, on October 31, 1995; but the
Special Power of Attorney was executed by the husband only on November 5, 1995. When the
case reached the SC, it was held that while the mortgage is void it is considered as a continuing
offer and the subsequent execution of the SPA is the acceptance by the other spouse that
perfected the continuing offer as a binding contract between the parties, making the Deed of Real
Estate Mortgage a valid contract. The transaction executed sans the written consent of the other
spouse of the proper court order is void; hence, ratification does not occur, for a void contract
could not be ratified. When such consent or authorization is eventually given, what happens is
that there will not be a meeting of the offer and acceptance since the void transaction is
nevertheless considered as a continuing offer on the part of the consenting spouse and the third
person, thereby resulting in the perfection of the contract.
2. Heirs of Patricio Go, Sr. and Marta Barola vs. Servacio – the disposition by sale of a portion of
the conjugal property by the surviving spouse without the prior liquidation mandated by Article
130 of the Family Code is not necessarily void if said portion has not yet been allocated by
judicial or extrajudicial partition to another heir of the deceased spouse. Instead, the sale is valid
insofar as the ideal share of the selling co-owner/co-heir in the property is concerned but without
affecting the ideal shares of the other co-owners.
3. Jader-Manalo vs. Camaisa, cited in Siochi vs. Gozon (disposition of encumbrance of
conjugal property) – even if the other spouse actively participated in negotiating for the sale of
the property, the other spouse’s written consent to the sale is still required by law for its validity.
a. However, when the sale is made before the effectivity of the FC, the applicable law is the
Civil Code. The rule under Article 124 of the FC applies only if the disposition of
encumbrance takes place during the effectivity of the FC.
4. Siochi vs. Gozon – in the sale of conjugal properties, the consent of both the husband and the
wife is now required and the absence of the consent of one renders the entire sale null and void
including the portion of the conjugal property pertaining to the spouse who contracted the sale.
The sale is void in its entirety.
5. The rules on co-ownership, including Article 493, do not apply to conjugal partnership of gains
because the said property regime is a special type of partnership. Hence, it is the rules on
partnership which apply suppletorily to conjugal partnership of gains, not the rules on co-
ownership.
6. The buyers of conjugal property must observe two kinds of requisite diligence, namely:
a. Diligence in verifying the validity of the title covering the property; and
b. The diligence in inquiring into the authority of the transacting spouse to sell conjugal
property in behalf of the other spouse.

Regime of separation of property

1. If separation of property is agreed upon in the marriage settlement, the spouses may no longer
adopt ACP or CPG during the marriage because these two regimes can only commence at the
precise moment of the celebration of the marriage.

Property regimes of unions without marriage

1. There is no ACP or CPG in a void marriage, at any point, even during the period prior to
declaration of nullity.
a. In the liquidation of the properties of the parties to a void marriage, the provisions on co-
ownership under the Civil Code should apply and such liquidation need not be made in
the same proceeding for declaration of nullity of marriage.
b. EXC: if the subsequent marriage is void by reason of non-compliance with Article 40 (but
the prior marriage is indeed void ab initio), the property relations of the parties to the
subsequent marriage is either ACP or CPG, as the case may be.
2. Dino vs. Dino - In Article 147, declaration of nullity can already be made even without waiting for
the liquidation of the properties in the same proceeding for declaration of nullity of marriage
because what governs the liquidation of the properties owned in common are the rules on co-
ownership; while in Article 30, there is a need to liquidate, partition and distribute the properties
before a decree of absolute nullity could be issued.
3. Property regime under Rule 147, FC
a. Requisites:
i. Must be capacitated to marry each other
ii. Live exclusively with each other as husband and wife
iii. Their union is without the benefit of marriage or their marriage is void
b. Examples:
i. Marriages declared void by reason of psychological incapacity

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Civil Law – Persons and Family Relations
2018 Bar Notes
 CIVIL LAW BAR NOTES
Based on Civil Law Reviewer vol. 1 by Elmer T. Rabuya

ii. Marriages celebrated without a valid marriage license

c. Properties acquired by both parties during their union through their work and industry
shall be governed by the rules on equal co-ownership and are prima facie presumed to
have been obtained through their joint efforts.
d. It creates a presumption that properties acquired during the cohabitation of the parties
have been acquired through their joint efforts, work or industry and shall be owned by
them in equal shares.
e. Efforts in the care and maintenance of the family and household are regarded as
contributions to the acquisition of common property by one who has no salary or income
or work or industry.
f. The fruits of the couple’s separate property are not included in the co-ownership.
4. Property regime under Rule 148, FC
a. Requisites:
i. Must be incapacitated to marry each other or they do not live exclusively with
each other as husband and wife
ii. They union is without the benefit of marriage or their marriage is void
b. Even if the cohabitation or the acquisition of the property occurred before the FC took
effect, Article 148 applies.
c. Only the properties acquired by both parties through their actual joint contribution of
money, property and industry shall be owned by them in common in proportion to their
respective contributions.
d. Proof of actual contribution is required.
e. If one of the parties in the cohabitation is validly married to another, his or her share in
the co-ownership shall accrue to the absolute community or conjugal partnership
existing in such valid marriage.
f. Article 148 does not apply to a cohabitation of parties coming from same sex, or to a
same-sex marriage.

The family
1. The family as an institution
a. If there is a stranger to the suit, compliance with Article 151 is not jurisdictional for the
maintenance of the action.
2. The family home
a. How constituted:
i. If constructed prior to the effectivity of FC:
1. Must have been constituted either judicially or extrajudicially
a. Judicial constitution – filing of a verified petition before the
courts and the registration of the court order with the ROD of
the area where the property is located
b. Extrajudicial constitution – execution of public instrument which
must also be registered in the ROD
2. Failure to comply will bar a judgment debtor from availing of the
privilege.
ii. If constructed after the effectivity of FC:
1. Family home is deemed constituted on a house and lot from the time it is
occupied as a family residence. There is no need to constituted the same
judicially or extrajudicially and the exemption is effective from the time it
was constituted and lasts as long as any of its beneficiaries under Article
154 actually resides therein.
iii. Rule with respect to those already existing upon the effectivity of FC – they are
considered as family homes by operation of law and are prospectively entitled to
the benefits accorded to a family home under the FC
b. It cannot be established on property held in co-ownership with third persons.
c. Patricio vs. Dario III – three requisites must be satisfied before a person can be
considered a beneficiary of the family home: (1) he or she must be among the
relationships enumerated in Article 154 of the FC; (2) he or she must live in the family
home; and (3) he or she must be depended for legal support from the head of the family.
d. Benefits of a family home
i. It is exempt from execution, forced sale or attachment
ii. EXC:
1. For non-payment of taxes
2. For debts incurred prior to the constitution of family home

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Civil Law – Persons and Family Relations
2018 Bar Notes
 CIVIL LAW BAR NOTES
Based on Civil Law Reviewer vol. 1 by Elmer T. Rabuya

3. For debts secured by mortgages on the premises before or after such

constitution
4. For debts due to laborers, mechanics, architects, builders, materialmen
and others who have rendered service or furnished material for the
construction of the building

Paternity and filiation

1. Legitimacy of the child can be impugned only in a direct action brought for that purpose, by the
proper parties, and within the period limited by law.
2. GR: impugning the legitimacy of the child is a strictly personal right of the husband.
a. EXC: when heirs can file action to impugn:
i. If husband dies before the expiration of the prescriptive period (1, 2, 3 years)
ii. If husband dies after the filing of the action without desisting therefrom
iii. If child was born after the death of the husband
3. Grounds to impugn legitimacy:
a. Physical impossibility of sexual intercourse within the period of conception or within the
first 120 of the 300 days immediately preceding the birth of the child because of:
i. Physical incapacity to have sexual intercourse with the wife or impotency of
husband
ii. Fact that they were living separately and sexual intercourse was impossibles
iii. Serious illness of husband which absolutely prevented sexual intercourse
b. Biological or scientific reasons (husband could not be the father)
c. Artificial insemination; that written authorization or ratification of either parent was
obtained through mistake, fraud, violence, intimidation or undue influence
4. Illegitimate children may establish their illegitimate filiation in the same way and on the same
evidence as legitimate children.
a. EXC: if the proof of illegitimate filiation is any of the following: (i) open and continuous
possession of status of an illegitimate child; or (ii) nay other means allowed by the Rules
of Court and special laws, the action is required to be brought during the lifetime of the
putative father.
5. Who can file action to claim filiation and prescriptive periods
Legitimate filiation Illegitimate filiation
GR: the child claiming the legitimate filiation GR: the child claiming illegitimate filiation
EXC: his heirs can file in any of the ff cases: EXC: his heirs can file in any of the ff cases:
Who can file 1. When the child dies during minority 1. When the child dies during minority
2. When the child dies during state of 2. When the child dies during state of
insanity insanity
GR: the action may be filed during the lifetime of 1. If the action is based on admission of
the child paternity or filiation in the birth certificate
EXC: in exceptional cases where the action is or written instrument:
transmissible to heirs, the action must be filed a. GR: the action may be filed during
within 5 years from the death of the child the lifetime of the child and even
after the death of the putatitve
father.
b. EXC: in exceptional cases where
Prescriptive the action is transmissible to
period heirs, the action must be filed
within 5 years from the death of
the child
2. If the action is based on the ff evidence (i)
open and continuous possession of status
of illegitimate filiation; or (ii) any other
means allowed by the ROC and special
laws, the action must be brought within the
lifetime of the alleged parent.
6. Grande vs. Antonio – Article 76 of the FC, as amended by R.A. No. 9255, gives illegitimate
children the right to decide if they want to use the surname of their father or not.
7. Silva vs. CA; Briones vs. Miguel - The recognition of paternity by the illegitimate father does not
entitle him to have parental authority and custody over illegitimate children. Such recognition
could be a ground for ordering the illegitimate father to give support to, but not custody of, the
child. But an illegitimate father is entitled to visitation rights.
8. In legitimation, the reckoning point is the period of conception.

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Civil Law – Persons and Family Relations
2018 Bar Notes
 CIVIL LAW BAR NOTES
Based on Civil Law Reviewer vol. 1 by Elmer T. Rabuya

Adoption
Domestic Adoption (R.A. No. 8552) Inter-Country Adoption (R.A. No. 8043)
Applies to domestic adoption of Filipino Applies to adoption of Filipino child in a foreign
children, where the entire adoption process country, where the petition for adoption os filed,
beginning from the filing of the petition up to the the supervised trial custody is undertaken and
issuance of the adoption decree takes place in the decree of adoption is issued outside of the
the Philippines. Philippines.

Applicability 1. Adopter is a Filipino citizen permanently 1. The adopted is a Filipino citizen who is
residing in the Philippines; or permanently residing abroad; or
2. A foreigner who has been residing in the 2. A foreigner who does not satisfy the
Philippines for at least 3 continuous years residency requirement under the DAA but
prior to the filing of the petition for adoption is qualified to adopt under the ICAA.
and such residency is maintained until the
adoption decree is entered.
1. A child legally available for adoption, or a 1. A child legally available for adoption, or a
child in whose favor a certification was child in whose favor a certification was
issued by the DSWD that he/she is legally issued by the DSWD that he/she is legally
available for adoption after the fact of available for adoption after the fact of
abandonment or neglect has been proven abandonment or neglect has been proven
through the submission of pertinent through the submission of pertinent
documents, or one who has voluntarily documents, or one who was voluntarily
committed by his/her parent(s) or legal committed by his/her parent(s) or legal
guardian guardian.
2. The legitimate son/daughter of one spouse
Who may be by the other spouse
adopted 3. An illegitimate son/daughter by a qualified
adopted to improve his/her status to that of
legitimacy
4. A person of legal age if, prior to the
adoption, said person has been consistently
considered and treated by the adopter(s) as
his/her own child since minority
5. A child whose adoption has been previously
rescinded
6. A child whose biological or adoptive
parent(s) has died
1. Filipino citizens 1. Filipino citizens
a. Of legal age a. Permanent resident of a foreign
b. In possession of full civil capacity country
and legal rights b. Has the capacity to act and
c. Of good moral character assume all rights and
d. Has not been convicted of any responsibilities of parental
crime involving moral turpitude authority under Philippine laws
e. Emotionally and psychologically c. Has undergone the appropriate
capable of caring for children counseling from an accredited
f. In a position to support and care counselor in country of domecile
for his/her children in keeping d. Has not been convicted of a crime
with the means of the family involving moral turpitude
g. At least 16 years older than the e. Eligible to adopt under Philippine
adoptee BUT this latter law
requirement may be waived if: f. In a position to provide the proper
i. The adopter is the care and support and to give the
Who may
biological parent of the necessary moral values and
adopt
adoptee; or example to all his children,
ii. The adopter is the spouse including the child to be adopted
of the adoptee’s parent g. Agrees to uphold the basic rights
h. Permanent resident of the of the child and to abide by the
Philippines rules and regulations issued to
2. Aliens – same qualifications for Filipino implement the provisions of the
nationals and in addition— ICAA
a. His/her country has diplomatic h. Residing in a country with whom
relations with the Philippines the Philippines has diplomatic
b. His/her government allows the relations and whose government
adoptee to enter his/her country maintains similar authorized and
as his/her adopted son/daughter accredited agency and that
c. Has been living in the Philippines adoption is allowed in that country
for at least 3 continuous years i. Possesses all the qualifications
prior to the filing of the application and none of the disqualifications
for adoption and maintains such

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Civil Law – Persons and Family Relations
2018 Bar Notes
 CIVIL LAW BAR NOTES
Based on Civil Law Reviewer vol. 1 by Elmer T. Rabuya

Domestic Adoption (R.A. No. 8552) Inter-Country Adoption (R.A. No. 8043)
residence until the adoption provided in the ICAA and in other
decree is entered applicable Philippine laws
d. Has been certified by his/her j. At least 27 years of age at the time
diplomatic or consular office or of the application
any appropriate government k. At least 16 years older than the
agency that he/she has the legal child to be adopted at the time of
capacity to adopt in his/her application unless:
country i. Adopter is the parent by
nature of the child to be
adopted
ii. Adopter is the spouse of
the parent by nature of
the child to be adopted
2. Aliens
a. At least 27 years of age at the time
of the application
b. At least 16 years older than the
child to be adopted at the time of
the application unless the adopter
is the parent by nature of the child
to be adopted or the spouse of
such parent
c. Has the capacity to act and
assume all rights and
responsibilities of parental
authority under his national laws
d. Has undergone the appropriate
counseling from an accredited
counselor in his/her country
e. Has not been convicted of a crime
involving moral turpitude
f. Eligible to adopt under his/her
national law
g. In a position to provide the proper
care and support and to give the
necessary moral values and
example to all his children,
including the child to be adopted
h. Agrees to uphold the basic rights
of the child and to abide by the
rules and regulations issued to
implement the provisions of ICAA
i. Comes from a country with whom
the Philippines has diplomatic
relations and whose government
maintains a similarly authorized
and accredited agency and that
adoption is allowed under his/her
national laws
j. Possesses all the qualifications
and none of the disqualifications
provided in the ICAA and in other
applicable Philippine laws
1. Adoptee, 10 years of age or over 1. Written consent of the adopter’s biological
2. Biological parent(s) of the child, if known, or or adopted children above 10 years of age,
the legal guardian, or the proper in the form of sworn statement is required
government instrumentality which has legal to be attached to the application to be filed
custody of the child with the Family Court or ICAB
3. Legitimate and adopted sons/daughters, 10 2. If a satisfactory pre-adoptive relationship is
Consent
years of age or over, of the adopter(s) and formed between the applicant and the child,
required
adoptee, if any the written consent to the adoption
4. Illegitimate sons/daughters, 10 years of age executed by the DSWD is required
or over, of the adopter if living with said
adopter and the latter’s spouse, if any
5. Spouse, if any, of the person adopting or to
be adopted

1. Delgado Vda. de Dela Rosa vs. Heirs of Marciana Rustia Vda. de Damian - A ward (ampon),
without the benefit of formal judicial adoption, is neither a compulsory nor a legal heir.

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Civil Law – Persons and Family Relations
2018 Bar Notes
 CIVIL LAW BAR NOTES
Based on Civil Law Reviewer vol. 1 by Elmer T. Rabuya

2. The residency requirement for foreigners under the Domestic Adoption Act may be waived in the
following instances: (i) adopter is a former Filipino citizen who seeks to adopt a relative within the
4th degree of consanguinity or affinity; (ii) adopter seeks to adopt the legitimate son/daughter of
his/her Filipino spouse; or (iii) adopter is married to a Filipino citizen and seeks to adopt jointly
with his/her spouse a relative of the latter within the 4 th degree of consanguinity or affinity.
3. Inter-country adoption shall be resorted to only when domestic adoption of the child is not
available, and inter-country adoption is in the best interest of the child.
4. In case the child being adopted is one whose biological or adoptive parent(s) has died, the law
requires that no adoption proceedings shall be initiated within 6 months from the time of death of
said parent(s).
5. Castro vs. Gregorio – in all instances where it appears that a spouse attempts to adopt a child
out of wedlock, the other spouse and other legitimate children must be personally notified
through personal service of summons and it is not enough that they be deemed notified through
constructive notice; otherwise, the court does not validly acquire jurisdiction over the proceedings
and the decision of the court is null and void.
6. Bartolome vs. SSS – when the adopter dies during the time that the adopted is still a minor or
incapacitated, the parental authority fo the biological parent is deemed to have been restored.
7. Santos, Jr. vs. Republic – the relationship established by the adoption is limited to the adopting
parents and does not extend to their other relatives, except as expressly provided by law.
8. The DAA gave to the adopted child the sole right to sever the legal ties created by adoption.
9. Grounds for rescission:
a. Repeated physical and verbal maltreatment by the adopter(s) despite having undergone
counseling
b. Attempt on the life of the adoptee
c. Sexual assault or violence
d. Abandonment and failure to comply with parental obligations
10. Effects of rescission:
a. Parental authority of the adoptee’s biological parent(s), if known, or the legal custody of
the DSWD shall be restored if the adoptee is still a minor or incapacitated
b. Reciprocal rights and obligations of the adopter(s) and the adoptee to each other shall be
extinguished
c. Cancellation of the amended certificate of birth of the adoptee and restoration of his/her
original birth certificate
d. Succession rights shall revert to its status prior to adoption, but only as of the date of
judgment of judicial rescission
Support
1. Patricio vs. Dario III - Legal support, also known as family support, is that which is provided by
law, comprising everything indispensable for sustenance, dwelling, clothing, medical attendance,
education and transportation, in keeping with the financial capacity of the family.
2. Lim vs. Lim – the obligation to provide legal support passes on to ascendants not only upon
default of the parents but also for the latter’s inability to provide sufficient support.
3. Order of liability for support (when two or more persons are obliged to give support):
a. The spouses
b. The descendants in the nearest degree
c. The ascendants in the nearest degree
d. The brothers and sisters

Parental authority
1. The parents shall continue to be vicariously liable for quasi-delict committed by their children at
least 18 years of age but below 21, provided that the latter are living in their company.
2. Santos, Sr. vs. CA – when a parent entrusts the custody of a minor to another, such as a friend
or a godfather, even in a document, what is given to the latter is merely temporary custody and it
does not constitute a renunciation of parental authority.
3. Unson III vs. Navarro - In all controversies regarding the custody of minors, the sole and
foremost criterion is the physical, education, social and moral welfare of the child concerned,
taking into account the respective resources and social and moral situations of the contending
parents.
4. Espiritu vs. CA – Tender-age presumption – if the child is under the age of seven, the law
presumes that the mother is the best custodian.
5. Dacasin vs. Dacasin – from the eighth year until the child’s emancipation, the law gives the
separated parents freedom, subject to the usual contractual limitations, to agree on custody
regimes they see fit to adopt.
6. For compelling reasons, the mother may be deprived of custody of a child below 7 years of age.

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Based on Civil Law Reviewer vol. 1 by Elmer T. Rabuya

7. Pablo-Gualberto vs. Gualberto – not even the fact that a mother is a prostitute or has been
unfaithful to her husband would render her unfit to have custody of her minor child. To deprive
the wife of custody, the husband must clearly establish that the moral lapses have had an
adverse effect on the welfare of the child or have distracted the offending spouse from exercising
proper parental care.
8. Concepcion vs. CA – to be entitled to the constitutionally protected inherent and natural right of
a parent to have access to his/her child (called “visitation right”), there must be a parent-child
relationship between them.
9. It is not possible for substitute parental authority to co-exist with the parents’ parental
authority.
10. Special parental authority is granted by law to certain persons, entities, or institutions in view
of their special relation to children under their “supervision, instruction or custody.”
a. Unlike substitute parental authority, it co-exists with the parents’ parental authority.
b. Whether principally or subsidiarily liable, they are not liable if it is proved that they
exercised the proper diligence required under the particular circumstances.
11. Obligation of the parents to provide support is not co-terminus with the exercise of parental
authority.
12. Imbong vs. Ochoa – the court declared unconstitutional Section 7 of R.A. No. 10354 (RH Law)
insofar as they, among others, allow minor-parents or minors who have suffered miscarriage
access to modern methods of family planning without written consent from their parents or
guardian/s.
13. R.A. No. 7610, Sec 10(c) - Any person who shall induce, deliver or offer a minor to any one
prohibited by this Act to keep or have in his company a minor as provided in the preceding
paragraph shall suffer the penalty of prision mayor in its medium period and a fine of not less
than Forty thousand pesos (P40,000); Provided, however, That should the perpetrator be an
ascendant, stepparent or guardian of the minor, the penalty to be imposed shall be prision mayor
in its maximum period, a fine of not less than Fifty thousand pesos (P50,000), and the loss of
parental authority over the minor.
14. In case of those exercising special parental authority, the law prohibits them from inflicting
corporal punishment upon the child.
15. Rule 95 of the ROC requires court authorization for the sale or encumbrance of properties
belonging to the ward.
16. As a rule, the parents, as legal guardian of minor’s property, may validly lease the same even
without court authorization because lease has been considered as an act of administration.
However, if the lease will be recorded in the Registry of Property, the same should be made only
after obtaining court authorization. The same rule applies if the lease is for a period of more than
1 year because this is already deemed as an act of dominion.

Emancipation
1. Takes place by attainment of the age of majority. Under present laws, majority commences at the
age of 18 years.

Retroactivity of the Family Code

1. Article 256 - this Code shall have retroactive effect insofar as it does not prejudice or impair
vested or acquired rights in accordance with the Civil Code or other laws.

Funerals
1. Tomas Eugenio, Sr. vs. Velez – the common-law wife does not have the right to make funeral
arrangements over the objection of the legal wife or the deceased’s brothers and sisters.

Use of surname
1. Republic vs. CA and Maximo Wong – it is both personal as well as public interest that every
person must have a name.
2. Characteristics of a name: (i) absolute; (ii) obligatory; (iii) fixed, unchangeable, or immutable; (iv)
outside the commerce of man; and (v) it is imprescriptible
3. Surname of illegitimate children:
a. GR: they are required to use the surname of their mother.
b. EXC: but they acquire the right to use the surname of the illegitimate father in the
following situations:
i. If his/her filiation has been expressly recognized by the father through the record
of birth appearing in the civil registrar; or
ii. When an admission of paternity is made by the father in a public document or
private handwritten document.

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2018 Bar Notes
 CIVIL LAW BAR NOTES
Based on Civil Law Reviewer vol. 1 by Elmer T. Rabuya

4. Remo vs. The Hon. Sec. of Foreign Affairs – the married woman is not prohibited from
continuously using her maiden name once she is married because when a woman marries, she
does not change her name but only her civil status.
5. Silverio vs. Republic – a change of name does not alter one’s legal capacity or civil status and
that R.A. No. 9048 does not sanction a change of first name on the ground of sex reassignment.

Absence
1. Absence is the special legal status of one who is not in his domicile, his whereabouts being
unknown, and it is uncertain whether he is dead or alive.
2. Three stages of absence:
a. Provisional absence – when a person disappears from his domicile, his whereabouts
being unknown, without leaving an agent to administer his property.
b. Declared absence – when a person disappears from his domicile, and 2 years have
elapsed without any news about him or since the receipt of the last news, or 5 years have
elapsed in case he left a person to administer his property.
c. Presumptive death – when after the period provided by law, a person is presumed dead.
3. Reyes vs. Alejandrino - There is no need for judicial declaration of absence if there are no
properties.

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Civil Law – Persons and Family Relations
2018 Bar Notes
 CIVIL LAW BAR NOTES
Based on Civil Law Reviewer vol. 1 by Elmer T. Rabuya

PROPERTY

Preliminary provisions
1. Properties are things which are capable of satisfying human wants and are susceptible of
appropriation.

Classification of property
1. If the parties will treat the building as a movable, as between them, they are estopped from
alleging the contrary. However, this is not applicable to strangers to said contract.
2. Standard Oil Co. of New York vs. Jaramillo – the ROD may not refuse the registration of a
chattel mortgage on the pretext that the subject matter is not a personal property, for the duties
of the register of deeds in respect to registration of chattel mortgages are of purely ministerial in
character.
3. In general, all things susceptible of appropriation which can be transported from place to place
without impairment of the real property to which they are fixed and are not included in the
enumeration in Article 415 are classified as personal property or movable property.

Property in relation to person to whom it belongs

1. In relation to the State, its properties are either of public dominion or patrimonial. In relation to
the political subdivisions, their properties are either of public dominion or patrimonial. In relation
to persons an entities other than the State and its political subdivisions – or private persons,
either individually or collectively – their properties are classified as that of private ownership.
2. Properties of the state (classified as public dominion)
a. Intended for public use
i. Examples: roads, canals, rivers, torrents, ports and bridges constructed by the
State; banks, shores, roadsteads, and others of similar character
ii. Republic vs. CA – accretions on river banks belong to the owner of lands
adjoining the banks, provided that the deposit is due to the effects of the current
of the river.
iii. To be subject to sale, occupation or other disposition, lands of public domain
designated as reservations must first be withdrawn, by act of Congress or by
proclamation of the the President, from the public or quasi-public use for which
it has been reserved or otherwise positively declared to have been converted to
patrimonial property.
b. Intended for public service
i. Those which belong to the state, without being for public use, and are intended
for some public service.
ii. Examples: government buildings, military camps and navy ships; Roppongi
property
c. Intended for development of national wealth
i. Examples: mineral lands, forests, or timber lands, and other natural resources
3. Properties intended for public use may be used indiscriminately by the public while properties
intended for public service, although used for the benefit of the public, cannot be used
indiscriminately by anyone but only by those who are authorized by proper authority.
4. Heirs of Mario Malabanan vs. Republic –
a. Lands belonging to the State that is not of such character (classifications of public
dominion), or although of such character but no longer intended for public use or for
public service forms part of the patrimonial property of the State. Land that is other than
part of the patrimonial property of the State, provinces, cities, and municipalities is of
private ownership if it belongs to a private individual.
b. Under Section 2, Article XII of the 1987 Constitution, only agricultural lands of the public
domain may be alienated; all other natural resources may not be alienated.
c. Alienable and disposable lands of the State fall into two categories, to wit: (i)
patrimonial lands of the State, or those classified as lands of private ownership under
Article 425 of the Civil Code, without limitation; and (ii) lands of the public domain, or the
public lands as provided by the Constitution, but with the limitation that the lands must
only be agricultural.
d. Lands classified as forest or timber, mineral, or national parks are not susceptible of
alienation or disposition unless they are reclassified as agricultural. A positive act of the
Government is necessary to enable such reclassification, and the exclusive prerogative to
classify public lands under existing laws is vested in the Executive Department, not in
the courts.

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Civil Law – Property
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Based on Civil Law Reviewer vol. 1 by Elmer T. Rabuya

e. Until the Executive Department exercises its prerogative to classify or reclassify lands, or
until Congress or the President declares that the State no longer intends the land to be
used for public service or for the development of national wealth, the Regalian Doctrine is
applicable.
f. GR: As a general rule and pursuant to the Regalian Doctrine, all lands of the public
domain belong to the State and are inalienable. Lands that are not clearly under private
ownership are also presumed to belong to the State and, therefore, may not be alienated
or disposed.
i. EXC:
1. Agricultural lands of the public domain are rendered inalienable and
disposable through any of the exclusive modes enumerated under
Section 11 of the Public Land Act.
a. Judicial confirmation of imperfect title – the agricultural land
subject of the application needs only to be classified as alienable
and disposable as of the time of application, provided the
applicant’s possession and occupation of the land dated back to
June 12, 1945, or earlier.
2. Lands of the public domain subsequently classified or declared as no
longer intended for public use or for the development of national wealth
are removed from the sphere of public dominion and are considered
converted into patrimonial land(s) of private ownership that may be
alienated or disposed through any of the modes of acquiring ownership
under the Civil Code.
a. If the mode is prescription – proof that the land has been
already converted to private ownership prior to the requisite
acquisitive prescriptive period is a condition sine qua non in
observance of the law that property of the State not patrimonial
in character shall not be the object of prescription.
5. Province of Zamboanga del Norte vs. City of Zamboanga - The nature of the properties owned
by political subdivisions in this country is determined by the character of the use or service for
which they are intended or devoted. Properties which are intended for public use or for some
public service are properties for public use. All others are patrimonial property.

Ownership
1. Jakosalem vs. Barangan – to successfully maintain an action to recover the ownership of a real
property, the person who claims a better right to it must prove (i) the identity of the land claimed;
and (ii) his title thereto.
a. In an action to recover real property, the settled rule is that the plaintiff must rely on the
strength of his title, not on the weakness of the defendant’s title.
2. Doctrine of self-help – in excluding others from the enjoyment of a property, the owner or lawful
possessor thereof may even use reasonable force to repel or prevent an actual or threatened
unlawful physical invasion or usurpation of his property.
a. It may only be exercised at the time of actual or threatened dispossession.
3. Doctrine of state of necessity – in the enjoyment of his property, the owner cannot, however,
prohibit the interference by another if the same is necessary to avert an imminent danger and the
threatened damage, compared to the damage arising to the owner from the interference, is much
greater. The owner may, however, demand the person benefited indemnity for the damage to him.
4. Republic vs. CA – in case of natural resources, such as gold mines, diamond mines, oil deposit,
etc., the Regalian Doctrine applies and not the provisions on hidden treasures.
5. Limitations on the right of ownership:
a. General limitations pursuant to the exercise of the inherent powers of the state
b. Specific limitations imposed by law
c. Inherent limitations arising from conflicts with other rights
d. Limitations imposed by the owner himself

Accession
1. It is the right of the owner of a thing to become the owner of everything that is produced thereby
or which may be inseparably attached or incorporated thereto, either naturally or artificially.
2. Accession discreta
a. GR: to the owner belongs: (i) the natural fruits; (ii) the industrial fruits; and (iii) the civil
fruits.
b. EXC: When owner is not entitled to the fruits—

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Civil Law – Property
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 CIVIL LAW BAR NOTES
Based on Civil Law Reviewer vol. 1 by Elmer T. Rabuya

i. In usufruct – usufructuary shall be entitled to all the natural, industrial and civil
fruits of the property in usufruct
ii. In lease of rural land
1. Lessee – entitled to the natural and industrial fruits
2. Lessor – entitled to civil fruits in the form of rent paid by lessee
iii. In antichresis – creditor acquires the right to receive the fruits of an immovable of
his debtor, with the obligation to apply them to the payment of the interest, if
owing, and thereafter to the principal of his credit
iv. A possessor in good faith is entitled to the fruits received by him before his
possession is legally interrupted
v. Fruits naturally falling upon adjacent land belong to the owner of the said land
and not to the owner of the tree
3. Accession continua
a. That the union or attachment or the incorporation of two or more things belonging to
different owners to each other or to one another must be such that they cannot be
separated from each other or from one another without causing a substantial physical or
juridical injury to any one, to some, or to all of the things involved.
b. Accessory follows the principal (“accessio credit principali”)
c. Three forms of industrial accession: (i) building; (ii) planting; and (iii) sowing.

Scenario BPS on one’s own land with materials belonging to another (Art. 447, NCC)
1. Landowner (LO)
a. can appropriate what he has built, planted or sown
b. must pay the value of the materials
LO – GF c. may, instead of appropriating the materials, return the materials to OM, if the
OM – GF materials can be returned in exactly the same form and substance and without
causing injury to the land
2. Owner of materials (OM)
a. If there is no accession, OM may demand for the removal and return of his materials.
LO – BF Both shall be considered as having acted in GF.
OM – BF
1. LO becomes liable for damages and other unfavorable consequences.
LO – BF 2. OM has the options of:
OM – GF a. Demanding the value of his materials plus damages; or
b. Demanding the return of his accessory thing in any event
LO – GF OM loses his materials without any right whatsoever and is liable to the LO for damages.
OM – BF

c. LO acted in good faith if he made use of the materials belonging to OM thinking that the
materials were his. He discovered that the materials were not his only after he made use
of them. OM, on the other hand, acted in good faith if he had no knowledge that LO was
using his materials at the time of the the BPS. He learned of the same only after his
materials had been used by LO.

Scenario BPS with one’s own materials on the land of another (Art. 448-454, NCC)
1. Options of LO:
a. Appropriate as his own the works, sowing or planting after payment to the BPS the
necessary and useful expenses, and in other proper cases, expenses for pure luxury
or mere pleasure, incurred by the latter;
b. Oblige the one who built or planted to pay the price of the land, if the value of the
land is not considerably more than that of the building or trees, and the one who
sowed, the proper rent.
c. It is only if the owner chooses to sell his land, and the builder or planter fails to
purchase it where its value is not more than the value of the improvements, that the
LO – GF/BF owner may remove the improvements from the land.
BPS – GF/ BF 2. BPS:
a. In addition to the right of the B in good faith to be paid the value of his improvement,
Article 546 of the NCC gives him the corollary right of retention of the property until
he is indemnified by the owner of the land.
b. BP is not obliged to purchase the land if its value is considerably more than the
building or planting.
i. In such case, the BP must pay rent to the LO.
1. If they refuse to pay the price of the land, the LO does not
automatically become the owner of the improvements without
paying any indemnity.

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Based on Civil Law Reviewer vol. 1 by Elmer T. Rabuya

Scenario BPS with one’s own materials on the land of another (Art. 448-454, NCC)
a. They may decide to leave things as they are and assume
the relation of lessor or lessee, and should they disagree
as to the amount of the rental then they can go to the
court to fix the amount.
b. Otherwise, the LO is entitled to have the improvement
removed when after having chosen to sell his land to the
other party, the latter fails to pay for the same.
ii. With respect to S, the LO can only compel him to pay the proper rent, in
case the LO does not choose to appropriate the crops.
1. LO may exercise the following alternative options:
a. The right to appropriate whatever has been built, planted or sown in BF without need
of paying indemnity, plus damages.
i. With respect to fruits that have already been received by BPS or could have
been received by LO, the latter is obliged to pay the expenses incurred by
BPS in BF in the “production, gathering and preservation of the fruits,”
LO – GF upon the return by the B in BF of the value of the said fruits to the LO,
BPS – BF b. The right to demand demolition of whatever has been built, planted or sown in BF in
any event – even if damages will be caused by the separation – plus damages.
c. The right to compel the BP in BF to pay the price of the land, even if the price is
considerably more than the buildings or trees, plus damages.
2. BPS:
a. In all cases, entitled to reimbursement of the necessary expenses of preservation of
the land.
LO – BF Both shall be considered as having acted in GF.
BPS – BF
1. BPS may exercise any of the following options:
LO – BF a. Demand the value of his materials and reasonable compensation for his labor, plus
BPS – GF damages; or
b. Demand the return of his materials in any event, plus damages.

a. Article 448 of NCC applies when the builder believes that he is the owner of the land or
that by some title he has the right to build thereon, or that, at least he has a claim of title
thereto. It does not apply when the interest is merely that of a holder.
b. If the builder’s occupation of the subject property was by mere tolerance, he is aware that
his tolerated possession may be terminated any time and he cannot be considered as
builder in GF.
c. Pershing Tan Queto vs. CA – if a person builds on his own land with his own materials,
he is not merely a builder in GF — he is a builder-owner.
d. Parilla vs. Pilar – Article 448 of the NCC, in relation to Article 546, which allows
reimbursement of useful improvements and retention of the premises until
reimbursement is made, applies only to a possessor in GF. It does not apply where only
one’s interest is that of a lessee under a rental contract; otherwise, it would always be in
the power of the tenant to improve his landlord out of his property.

Scenario BPS on the land of another with materials belonging to a third person (Art. 455, NCC)
1. OM loses his materials without any right whatsoever. The BPS would be considered merely an
agent of the OM.
2. LO may claim what has been built, planted or sown on his land without any obligation to
OM - BF
indemnify the OM.
3. If BPS acted in GF – he may claim from the LO a reasonable compensation for his labor. If he
acted in BF – he is not entitled to anything. He may instead be made to pay damages to LO.
1. OM must be paid the value of the materials.
2. BPS is primarily liable to make such payment to the OM – without damages if BPS acted in
GF – and with damages if he acted in BF.
a. If such payment is made by the BPS, he becomes the OM and the case would be the
same as that of BPS with one’s own materials on the land of another.
3. LO is subsidiarily liable for the payment of the value of the materials.
OM - BF
a. This subsidiary liability will attach only if the following conditions are met:
i. The BPS is insolvent; and
ii. The LO chooses to appropriate the building, planting or sowing.
b. If LO pays for the value of the materials, he becomes the owner thereof.
i. He may demand damages from BPS if the latter acted in BF, or pay the BPS
a reasonable compensation for his labor if the latter acted in BF.

a. Four forms of natural accession: (i) alluvion; (ii) avulsion; (iii) change of course of rivers;
and (iv) formation of island.

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b. Alluvion (alluuuuuuuviiiiioooon…)
i. Alluvim is the soil deposited on the estate fronting the river bank, while
accretion is the process whereby the soil is deposited.
ii. The alluvium is automatically owned by the riparian owner from the moment
the soil deposit can be seen.
1. Heirs of Francisco I. Narvasa vs. Imbornal - The only restriction
provided by the law is that the owner of the adjoining property must
register the same under the Torrens system; otherwise, the alluvial
property may be subject to acquisition through prescription by third
persons.
iii. Republic vs. Santos III - the drying up of the river is not accretion. The dried
up river bed belongs to the State at property of public dominion, not to the
riparian owner, unless a law verst the ownership in some other person.
iv. Republic vs. CA – alluvion must be the exclusive work of nature.
v. The accretion must take place on land adjacent to the bank of the river.
c. Avulsion (AVULSION!!!!)
i. It is the accretion which takes place when the current of a river, creek or torrent
segregates a known portion of land from an estate on its banks and transfers it
to another estate.
ii. Deposit of soil is sudden and abrupt.
iii. The owner of the land from where the portion is detached retains the ownership
thereof but he is required to remove the same within 2 years. Owner must
physically remove the portion detached from his land. Mere claim is not enough.
1. But in case of trees uprooted – mere claim by the owner within 6
months is sufficient to retain ownership of the tree.
d. Change of course of rivers
i. Rivers and their natural beds are public dominion of the State. Subject to the
exceptions defined in Article 462 of the NCC.
ii. River beds which are abandoned through the natural change in the court of the
waters ipso facto belong to the owners whose lands are occupied by the new
course in proportion to the area lost. However, the owners of the land adjoining
the old bed shall have the right to acquire the same by paying the value thereof,
which value shall not exceed the value of the area occupied by the new bed.
iii. Baes vs. CA – Article 461 was applied even if the change in the course of the
waters is done artificially, but the change in the course of the river was the
result of a deliberate act on the part of the government.
iv. If the government decides to revert bank the river or stream to its former course,
the owners of the lands thus affected are not entitled to compensation for any
damage sustained thereby.
e. Formation of islands
Article 463, NCC Article 464, NCC Article 465, NCC
Current of a river divides itself into Islands formed on the seas within Island is formed through successive
branches, leaving a piece of land or the jurisdiction of the Philippines, accumulation of alluvial deposit and
part thereof isolated, thus forming on lakes and on navigable or it is formed in non-navigable or non-
an island. The owner of the land floatable rivers. Those islands belong floatable rivers.
retains his ownership. to the State.
Applicable to all kinds of rivers, The island forms party of the Check Article 465 for rules.
navigable or floatable or not. patrimonial property of the State
and may be sold by the State.
f. Accession continua with respect to movable properties: (i) adjunction or conjunction; (ii)
commixtion or confusion; and (iii) specification.

Quieting of title
1. It is a common-law remedy for the removal of any cloud or doubt or uncertainty on the title to
real property by reason of any instrument, record, claim, encumbrance, or proceeding, that is
apparently valid or effective, but is, in truth and in fact, invalid, ineffective, voidable or
unenforceable, and may be prejudicial to said title.
2. Requisites:
a. The plaintiff or complainant has a legal or equitable title or interest in the real property
subject of the action; and
b. The deed, claim, encumbrance, or proceeding claimed to be casting a cloud on his title
must be shown to be in fact invalid or inoperative despite its prima facie appearance of
validity or legal efficacy.

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Co-ownership
1. There is co-ownership whenever the ownership of an undivided thing or right belongs to different
owners.
2. Alejandrino vs. CA – each co-owner of property which is held pro indiviso exercises his rights
over the whole property and may use and enjoy the same with no other limitation than that he
shall not injure the interests of his co-owners.
3. Cabales vs. CA – a co-owner who redeems the property in its entirety does not make him the
owner of all of it. But the one who redeemed had the right to be reimbursed for the redemption of
the price and until reimbursed, holds a lien upon the subject property for the amount due.
4. Any repair for preservation of the property owned in common may be made at will by one of the
co-owners. Hence, consent by the other co-owners is not required.
5. Expenses for improvement or embellishment must be decided by the majority.
6. The law requires the consent of all co-owners to the making of the alteration on the thing owned
in common, even though benefits for all would result from such act of alteration.
7. With respect to acts of administration and better enjoyment of the thing owned in common, the
resolution of the majority of the co-owners shall be sufficient.
8. A co-owner has absolute ownership of his undivided and pro indiviso share in the co-owned
property.
a. He has the right to alienate, assign or mortgage it, and even to substitute another person
in its enjoyment, except when personal rights are involved.
9. Even if the co-owner sells the whole property as his, the sale will affect only his own share but
not those of the other co-owners who did not consent to the sale.
a. Transferee gets only what would correspond to his grantor in the partition of the thing
owned in common, thereby making the buyer a co-owner of the property.
b. Remedy: action for partition
10. Basa vs. Aguilar – the law grants a co-owner the exercise of the right of legal redemption when
the shares of the other owners are sold to a “third person.”
a. Requisites of right of legal redemption: (i) there must be a co-ownership; (ii) one of the
co-owners sold his right to a stranger; (iii) the sale was made before the partition of the
co-owned property; (iv) the right of redemption must be exercised by one or more co-
owners within a period of 30 days to be counted from the time that he or they were
notified in writing by the co-owner vendor; and (v) the vendee must be reimbursed for the
price of the sale.
11. Adille vs. CA - Prescription as a mode of terminating a relation of co-ownership must have been
preceded by repudiation.
a. In order that title may prescribe in favor of one of the co-owners, it must be clearly shown
that he has repudiated the claims of the others, and that they were appraised of his claim
of adverse and exclusive ownership, before the prescriptive period begins to run.
12. Partition is the separation, division or assignment of a thing held in common among those to
whom it may belong.
13. Each co-owner may demand at any time the partition of the thing owned in common, insofar as
his share is concerned.
a. Imprescriptible or cannot be barred by laches
b. The imprescriptibility of the action cannot be invoked when one of the co-owners has
possessed the property as exclusive owner and for a period sufficient to acquire it by
prescription.
14. Delima vs. CA – from the moment one of the co-owners claims that he is the absolute and
exclusive owner of the properties and denies the others any share therein, the question involved
is no longer one of partition, but of ownership.

Possession
1. Possession is the holding of a thing or the enjoyment of a right.
2. Yu vs. Pacleb - There must be occupancy, apprehension or taking; and there must be intent to
possess.
3. If both fact of possession and the right of such possession are found in the same person, such
possession is said to be exercised in one’s own name.
4. Baltazar vs. Caridad – the good faith of the possessor must rest on colorable right and must be
beyond a mere stubborn belief in one’s title despite judicial adjudication.
5. Ballesteros vs. Abion – every possessor in good faith becomes a possessor in bad faith form the
moment he becomes aware that what he believed to be true is not so.
6. Acquisition of possession:

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a. By material occupation
i. Tradicion brevi manu
ii. Tradicion constitutum possessorium
b. By exercise of the right
c. By subjecting the thing or right to the action of our will
i. Tradicion symbolica
ii. Tradicion longa manu
d. By proper acts and legal formalities
7. Doctrine of constructive possession – for this doctrine to apply, the following requisites must
be present: (i) the alleged possessor must be in actual possession of a portion or part of the
property; (ii) he is claiming ownership of the whole area; (iii) the remainder of the area must not
be in the adverse possession of another person; and (iv) the area claimed must be reasonable.
8. If the possession is transmitted by hereditary title, the presumption of continuity of possession is
one which is conclusive and may not be overthrown by proof to the contrary.
9. Possession of movables acquired in good faith does not only create a presumption of ownership
but it is already equivalent to a title.
10. Doctrine of irrevindicability of movables – for possession of movables to be considered
equivalent to title, the following requisites must be present: (i) the movable property must be
acquired in good faith; and (ii) the possession must be in the concept of owner.
a. EXC: when the owner (i) has lost the thing; or (ii) has been unlawfully deprived thereof.

Usufruct
1. Eleizegui vs. Manila Lawn Tennis Club – usufruct is the right to enjoy the property of another
temporarily, including both the jus utendi and the jus fruendi, with the owner retaining the jus
disponendi or the power to alienate the same.
2. There may be a case where the alienation made by the owner will affect the right of the
usufructuary — that is where the right of usufruct is not registered and a third party acquired
the property in good faith without the knowledge of the usufruct and registered his right.
3. NHA vs. CA – a usufructuary may lease the object held in usufruct. However, such lease must be
co-terminus with the life of the usufruct and shall terminate upon the expiration of the same, the
only exception being the lease of rural lands which shall subsist during the agricultural year
despite the termination of the usufruct.
4. Moralidad vs. Pernes – the usufructuary does not have the right to reimbursement for the
improvements he may have introduced on the property.
5. Caucion juratoria – the promise under oath made in court by the usufructuary who has not
given security for the purpose of acquiring the use of the following:
a. Furniture necessary for his use;
b. Dwelling house; or
c. Implements, tools and other movable property necessary for an industry or vocation in
which he is engaged.
6. It is the death of the usufructuary which generally results in the termination of the usufruct.
Hence, the death of the naked owner will not extinguish the usufruct unless the parties expressly
so stipulate.
7. A usufruct is not extinguished by bad use of the thing held in usufruct.

Easements
1. An easement is a real right on another’s property, corporeal and immovable, whereby the owner
of the latter must refrain from doing or allowing somebody else to do or something to be done on
his property, for the benefit of another person or tenement.
2. Easement refers to the right enjoyed by one while servitude refers to the burden imposed upon
the other.
3. Servitude is an encumbrance imposed upon an immovable for the benefit of another immovable
belonging to a different owner or for the benefit of a community, or of one or more persons to
whom the encumbered estate does not belong.
4. Whatever may be the kind of easement, the right is always enjoyed over an immovable property.
5. It is legally impossible to impose an easement over another easement.
6. Borbajo vs. Hidden View Homeowners, Inc. – an easement can exist only when the servient
estate and the dominant estate belong to different owners.
7. Bogo-Medelling Milliong Co., Inc. vs. CA – since an easement is constituted on the corporeal
immovable property of another person, an acknowledgment of the easement is an admission that
the property belongs to another.

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8. Real (preadial) easement or servitude – encumbrance imposed upon an immovable for the
benefit of another immovable belonging to a different owner.
9. Personal easement or servitude – encumbrance imposed upon an immovable for the benefit of a
community or of one or more persons to whom the encumbered estate does not belong.
10. Unisource Commercial and Development Corp. vs. Chung – the courts cannot impose or
constitute any servitude where none existed. They can only declare its existence if in reality it
exists by law or by will of the owners.
11. Legal easement – constituted by law for public use or for private interest.
12. Voluntary easement – constituted simply by will or agreement of the parties.
a. Only the owner may constitute a servitude over his property.
13. Continuous easement – if its use is, or may be, incessant without the intervention of any act of
man.
a. Example: easement of drainage; easement of light and view
14. Discontinuous easement – if it is used at intervals and it depends on the act of man.
a. Example: easement of right of way – it can be exercised only if a man passes or puts his
feet over somebody else’s land
15. Apparent easement – made known and are continually kept in view by external signs that reveal
the use and enjoyment of the same.
a. Example: road (which reveals a right of way); window (which evidences a right to light and
view)
16. Non-apparent easement – show no external indication of their existence.
a. Example: an easement of not building beyond a certain height
17. Positive easement – imposes upon the owner of the servitude estate the obligation of allowing
something to be dome on his property.
a. Example: right of way
18. Negative easement – prohibits the owner of the servient estate from doing something which he
could lawfully do if the easement did not exist.
a. Example: easement not to build higher
19. Whether the easement is a positive or negative one, the obligation imposed upon the servient
owner is always a negative one.
20. All kinds of easements can be acquired by title. But only continuous and apparent easements
may be acquired by virtue of prescription.
21. Liwag vs. Happy Glen Loop Homeowners Association, Inc. – the water facility on a certain lot
in a subdivision, which is an encumbrance for the benefit of the community, is continuous and
apparent easement.
22. If the easement is both continuous and apparent, it may be acquired by virtue of prescription
within a period of 10 years.
a. The commencement of the 10-year period of prescription will depend on whether the
easement is positive or negative.
i. If positive – counted from the day on which the owner of the dominant estate, or
the person who may have made use of the easement, commenced to exercise it
upon the servient estate.
ii. If negative – counted from the day on which the owner of the dominant estate
forbade, by an instrument acknowledged before a notary public the owner of the
servient estate, from executing an act which would be lawful without the
easement.
23. While the owner of the servient estate is prohibited from impairing, in any manner whatsoever,
the use of the servitude, he may, however, change the place of the easement or the manner of its
use provided the requisites are satisfied:
a. The place originally assigned or the manner established for the use of the easement has
become very inconvenient to the owner of the servient estate or it has prevented him from
making any important works, repairs or improvements thereon;
b. The servient owner offers another place or another manner of use equally convenient;
c. No injury is caused thereby to the owner of the dominant estate or those who may have a
right to the use of the easement; and
d. The expenses that will be incurred in the process shall be borne by the owner of the
servient estate.
24. The owner of the dominant estate cannot use the easement (or the right of servitude) except for
the benefit of the immovable originally contemplated for such right attached to the immovable
itself and not to its owner.

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25. When a particular purpose has been specified, the rule is that the easement cannot be used for a
different purpose except when the change of the use does not make the easement more
burdensome.
26. For easement to be extinguished under (non-user), it is necessary that the non-user must have
lasted for a period of 10 years.
a. If easement is discontinuous – computed from the day on which the easement was not
used.
b. If the easement is continuous – counted from the day on which an act contrary to the
easement took place.
27. The non-user must be due to voluntary abstention by the dominant owner, and not to fortuitous
even, because the basis of this cause of extinguishment is presumptive renunciation.
28. Fuentes vs. Rivera – the renunciation of the easement by the owner of the dominant estate must
be specific, clear and express.
29. Private legal easements under the Civil Code:
a. Easement relating to waters
i. Easement of drainage of waters
ii. Easement for public use
iii. Easement for drawing waters
iv. Easement of abutment of dam
v. Easement of aqueduct
b. Easement of right of way
i. Compulsory easement of right of way:
1. Requisites for grant:
a. The dominant estate is surrounded by other immovables and has
no adequate outlet to a public highway
b. There must be payment of proper indemnity
c. The isolation was not due to acts of the proprietor of the
dominant estate
d. That the right of way claimed is at the point least prejudicial to
the servient estate and where the distance from the dominant
estate to a public highway may be the shortest
ii. Costabella Corp vs. CA – while an existing right of way may have proved
adequate at the start, the dominant owner’s need may have changed since then,
for which Article 651 of the Code allows adjustments as to width.
iii. Francisco vs. IAC – the claimant of the right of way must not himself procured
the isolation of his property.
iv. Dichoso, Jr. vs. Marcos - the true standard for the grant of the legal right is
adequacy. Hence, when there is already an existing adequate outlet from the
dominant estate to a public highway, even if the said outlet, for one reason or
another, be inconvenient, the need to open up another servitude is entirely
unjustified.
v. Article 650 of the Civil Code provides that the easement of right of way shall be
established at the point lease prejudicial to the servient estate and where the
distance from the dominant estate to a public highway may be shortest.
1. Calimoso vs. Roullo - the least prejudice criterion must prevail over the
shortest distance criterion.
vi. Whenever a piece of land which is acquired by sale, exchange or partition is
surrounded by other estates of the vendor, exchanger or co-owner, the owner is
entitled to grant of right of way without indemnity.
1. But if the owner acquires his land by way of a simple donation, there is
no such tacit condition because the donor receives nothing from the
donee.
vii. The opening of an adequate outlet to a highway can extinguish only legal or
compulsory easements, not voluntary easements.
c. Easement of party wall
i. Presumption of existence:
1. In dividing walls of adjoining buildings up to the point of common
elevation;
2. In dividing walls of gardens or yards situated in cities, towns or rural
communities; and
3. In fences, walls and live hedges dividing rural lands.

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ii. But this presumption will not apply if (i) there is a title to the contrary; (ii) there
is an exterior sign to the contrary; and (iii) there is proof to the contrary.
iii. Any owner may exempt himself from contributing to the cost of repairs and
construction by renouncing his part-ownership, except when the party wall
supports a building belonging to him.
d. Easement of light and view
i. It necessarily includes an easement not to build higher.
e. Easement of drainage of buildings
i. It is the right to diverty or empty the rain waters from one’s own roof or shed to
the neighbor’s estate either drop by drop or through conduits.
f. Easement of distances for planting
i. NCC prohibits the planting of trees near a tenement or piece of land belonging to
another person, unless the distance requirement is observed.
g. Easement of nuisance
h. Easement of lateral and subjacent support
i. It is the right to have land supported by the adjoining land or the soil beneath.
ii. Lateral – when the supported and the supporting lands are divided by a vertical
plane.
iii. Subjacent – supported land is above and the supporting land is beneath it.
i. This kind of easement or servitude is so essential to the stability of the buildings.
j. It is a negative easement.
30. Voluntary easements
a. Generally effective between the parties, their heirs and assigns, except in case where the
rights and obligations arising from the contract are not transmissible by their nature, or
by stipulation or by provision of law.
b. If the easement or piece of land is in a state of co-ownership, the unanimous consent of
all co-owners is required in order to constitute a voluntary easement upon the same.
c. The owner of the servient estate need not renounce his ownership over the entire property
if the servitude affects only a part thereof in which case, he may abandon only that part
which is burdened with the servitude.
d. Abandonment must appear in a public document. But it is only for convenience, not for
validity or enforceability.

Nuisance
1. It means annoyance, anything that works hurt or injury.
2. Rana vs. Wong – a nuisance is any act, omission, establishment, business, condition of property,
or anything else which (i) injures or endangers the health or safety of others; or (ii) annoys or
offends the senses; or (iii) shocks, defies or disregards decency or morality; or (iv) obstructs or
interferes with the free passage of any public highway or street, or any body of water; or (v)
hinders or impairs the use of property.
3. It is a restriction or limitation upon ownership and a manifestation of the principle that every
person should use his property as not to cause damage or injury to others – “sic utere tuo ut
alienum non laedas.”
4. Public nuisance – affects a community or neighborhood or any considerable number of persons,
although the extent of the annoyance, danger or damage upon individuals may be unequal.
5. Private nuisance – violates only private rights and produces damage to but one or a few persons.
6. Doctrine of comparative utility or balancing of utilities – there is only a nuisance if the
annoyance outweighs the utility to the actor and to society as a whole.
7. Nuisance per se (or nuisance at law) – affects the immediate safety of persons and property,
which may be summarily abated under the undefined law of necessity. It constitutes a direct
menace to public health or safety.
a. Test: whether the nuisance has become dangerous at all times under all circumstances to
life, health, or property.
8. Nuisance per accidens (or nuisance in fact) – depends upon certain conditions and
circumstances, and its existence being a question of fact, it cannot be abated without due hearing
thereon in a tribunal authorized to decide whether such a thing does in law constitute a
nuisance.
9. Taylor vs. Manila Electric - Doctrine of attractive nuisance – one who maintains on his
premises dangerous instrumentalities or appliances of a character likely to attract children in
play, and who fails to exercise ordinary care to prevent children from playing therewith or
resorting thereto, is liable to a child of tender years who is injured thereby, even if the child is
technically a trespasser in the premises.

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10. Whether the nuisance is public or private, the following remedies are available: (i) a civil action; or
(ii) abatement, without judicial proceedings. With regard to public nuisance, an additional remedy
of criminal prosecution is also available.
a. The remedies of abatement and damages are cumulative.
b. Unless a thing is nuisance per se, it may not be abated via an ordinance, without judicial
proceedings. Generally, LGUs have no power to declare a particular thing as nuisance per
se, unless such a thing is nuisance per se.
c. Gancayco vs. City Government of QC – only courts of law have the power to determine
whether a thing is a nuisance.
d. Lucena Grand Central Terminal, Inc. vs. JAC Liner, Inc. – the bus and jeepney
terminals are not nuisance per se, for their operation is a legitimate business which, by
itself, cannot be said to be injurious to the rights of property, health, or comfort of the
community. Hence, they may not be abated via an ordinance, without judicial
proceedings, as was done in the case.
e. Cruz vs. Pandacan Hiker’s Club, Inc. – a basketball ring, by itself, poses no immediate
harm or danger to anyone but is merely an object of recreation. Neither is it, by its
nature, injurious to the rights of property, of health or of comfort to the community and,
thus, it may not be abated as a nuisance without the benefit of a judicial hearing.
f. Who may abate—
i. Under Article 700 of the NCC, it is the City and/or the Municipal Health
Officer, who is charged with the responsibility of abating public nuisances.
ii. Under Article 702, the district health officer is also the official who shall
determine whether or not abatement, without judicial proceedings, is the best
remedy against a public nuisance.
iii. A private person may likewise abate a public nuisance which is specially
injurious to him by removing, or if necessary, by destroying the thing which
constitutes the same, without committing a breach of the peace, or doing
unnecessary injury.
1. This rule applies only to nuisance per se and prior to abatement, it is
necessary: (i) that demand be first made upon the owner or possessor of
the property to abate the nuisance; (ii) that such demand has been
rejected; (iii) that the abatement be approved by the district health officer
and executed with the assistance of the legal police; and (iv) that the
value of the destruction does not exceed P3,000.
2. The same procedure shall be applied in case of extrajudicial abatement of
a private nuisance by any person injured by the same.
iv. A private person or a public official who extrajudicially abates a nuisance shall be
liable for damages in the following situations: (i) if he causes unnecessary injury;
or (ii) if an alleged nuisance is later declared by the courts to be not a real
nuisance.
g. Civil action
i. Whether a nuisance is a public or private one, a civil action for its abatement or
for injunction may be filed.
ii. In case of public nuisance which is not nuisance per se – the action for its
abatement or injunction should be commenced by the city or municipal mayor.
iii. If the nuisance is a private one – any person injured by the same may file the
action for abatement or for injunction.
iv. Aside from the action for abatement or injunction, a claim for damages may
likewise be maintained by any person who is injured by a private nuisance. In
case of a public nuisance, generally, no action for damages may be maintained
by a private individual, unless it is specially injurious to himself.

Modes of acquiring ownership

1. Different modes of acquiring ownership:
a. Occupation mere acquisition of ownership
b. Intellectual creation mere acquisition of ownership
c. Law acquisition and transmission
d. Donation acquisition and transmission
e. Succession acquisition and transmission
f. Tradition acquisition and transmission
g. Prescription mere acquisition of ownership
2. Mode of acquiring real right:

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a. Law acquisition and transmission

b. Donation acquisition and transmission
c. Succession acquisition and transmission
d. Tradition acquisition and transmission
e. Prescription mere acquisition of real right
3. A mode is the legal means by which dominion or ownership is created, transferred or destroyed,
but title is only the legal basis by which to affect dominion or ownership.
4. Equitorial Realty Development, Inc. vs. Mayfair Theater, Inc. – ownership is transferred, not
by contract alone, but by tradition or delivery.
5. Union Motor Corporation vs. CA – in all forms of delivery, it is necessary that the act of delivery,
whether constructive or actual, should be coupled with the intention of delivering the thing.
6. Real tradition (or physical or actual delivery) – thing is placed in the control and possession of the
grantee.
a. If movable – transferred from hand to hand
b. If immovable – by certain material and possessory acts
7. Constructive (or feigned) tradition – change of possession or delivery need not be materially
visible. Delivery may likewise exist even when the change of possession is not actual or material
but represented by other signs or acts indicative thereof.
a. Traditio simbolica – effected by delivery of symbols or things which represent those to be
delivered.
b. Traditio longa manu – effected by the grantor simply pointing out to the grantee the things
which are being transferred and which at the time must be within their sight.
c. Traditio brevi manu – the grantee has already acquired actual control or possession of the
thing; a mere declaration on the part of the grantor that the grantee shall now hold the
thing as owner operates as a form of delivery.
d. Traditio constitutum possessorium – the owner of the thing alienates it but continues
possessing it under another contract or capacity.
e. Execution of public instrument – equivalent to the delivery of the thing which is the
subject of the contract.
i. It is necessary that the vendor shall have had control over the thing sold that, at
the moment of the sale, its material delivery could have been made.
8. Quasi-tradition – transfer of rights or incorporeal things through the exercise of the rights by the
grantee with the acquiescence of the grantor.
9. Tradition by operation of law
10. Prescription is a mode of acquiring (or losing) ownership and other real rights through the lapse
of time in the manner and under conditions laid down by law, namely, that the possession should
be in the concept of an owner, public, peaceful, uninterrupted and adverse.
a. Ordinary acquisitive prescription – requires possession of things in good faith and with
just title for the time fixed by law.
i. Movable – 4 years
ii. Immovable – 10 years
b. Extraordinary acquisitive prescription – does not require just title and good faith.
i. Movable – 8 years
ii. Immovable – 30 years
c. When prescription does not lie1:
i. In case of registered land
1. A title once registered, cannot be defeated even by adverse, open and
notorious possession.
2. Heirs of Mario Malabanan vs. Republic - Property of public dominion,
which generally included property belonging to the State, cannot be the
object of prescription or, indeed, be subject of the commerce of man.
However, when the lands of the public domain are patrimonial in
character, they are susceptible of acquisitive prescription.
ii. In case of trust
1. Buan Vda. de Esconde vs. CA – a trustee cannot acquire by prescription
the ownership of property entrusted to him, or than an action to compel
a trustee to convey property registered in his name in trust for the
benefit of the cestui que trust does not prescribe, or that the defense of
prescription cannot be set up in an action to recover property held by a

1 See pp. 617-622 of book.

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person in trust for the benefit of another, or that property held in trust
can be recovered by the beneficiary regardless of the lapse of time.
a. This rule applies to express trust.
b. The basis of the rule is that the possession of a trustee is not
adverse.
d. Laches is the failure or neglect for an unreasonable and unexplained length of time to do
that which, by exercising due diligence, could or should have been done earlier; it is
negligence or omission to assert a right within a reasonable time, warranting a
presumption that the party entitled to assert it either has abandoned it or declined to
assert it.
e. Umbay vs. Alecha – the right to recover possession of registered land is imprescriptible
because possession is a mere consequence of ownership.
f. Heirs of Anacleto B. Nieto vs. Municipality of Meycauayan, Bulacan – while it is true
that a Torrens title is indefeasible and imprescriptible, the registered landowner may lose
his right to recover possession of his registered property by reason of laches.
11. Occupation – seizure or apprehension of thins corporeal which have no owner with the intention
of acquiring them and according to the rules laid down by law. It consists in taking possession of
a thing over which no one has a proprietary right.
a. Res nullius credit occupanti
12. In case of lost and mislaid (misplaced) property, the spes recuperandi (hope of recovery or
recaprture) and the animus revertendi (intent to recover) are still alive. Hence, its ownership is not
yet lost by its owner. So long as the property is not under the control of another person, the
present owner does not lose both the ownership and possession of the same. However, if the
mislaid property is already in the control of another person, its possession is already deemed lost.
13. The author, composer, painter, sculptor or other artists, scientists and inventors acquire
ownership over their works from the moment of their creation even before the same is
published, copyrighted or patented.
14. Ownership over letters:
a. The physical object (the letter itself) – owned by the person to whom it is addressed and
delivered.
b. The ideas or thoughts contained in the letter are owned by the author or writer.

Donations
1. It is an act of liberality whereby a person disposes gratuitously of a thing or right in favor of
another, who accepts it.
2. Jutic vs. CA - For a donation to exist, the intent to donate must be effectively carried out. A mere
declaration of an intention or desire to donate is not a donation.
3. Liguez vs. Lopez – donation does not need to by completed by tradition.
4. CJ Yulo & Sons, Inc. vs. Roman Catholic Bishop of San Pablo, Inc. – donation results in an
effective transfer of title of over the property from the donor to the donee and the donation is
perfected from the moment the donor knows of the acceptance by the donee. And once a donation
is accepted, the donee becomes the absolute owner of the property donated.
5. An essential characteristic of dispositions mortis causa is that the conveyance or alienation
should be revocable ad nutum.
6. Donations inter vivos, on the other hand, once accepted is irrevocable.
7. If the donor intends that the donation shall take effect during his lifetime, the donation is inter
vivos, although the property may not be delivered until after the donor’s death. In this case, the
fruits of the property from the time of the acceptance of the donation shall pertain to the donee,
unless the donor provides otherwise.
8. Puig vs. Penaflorida – in case of doubt, the conveyance should be deemed a donation inter vivos.
9. Gestopa vs. CA – the fact that the donee accepted the donation is an indication that the donation
is inter vivos because donations mortis causa are not required to be accepted by the donees
during their lifetime.
10. Classifications of donations inter vivos
a. Pure (Simple) and Remuneratory
i. In remuneratory donation, it is necessary that the services to be paid be not
demandable obligations.
ii. Simple (pure) and remuneratory donations shall follow the formalities required in
Articles 748 and 749 of the NCC. In addition, if illegal or impossible conditions
are imposed on a simple or remuneratory donation, then the donation remains
valid because the illegal or impossible conditions are simply considered as not
imposed and will be disregarded.

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b. Conditional (Modal) and Onerous

i. Republic vs. Silim – conditional (modal) donation is one where the donation is
made in consideration of future services or where the donor imposes certain
conditions, limitations, or charges upon the donee, the value of which is inferior
than that of the donation given.
1. Governed by the law on contracts up to the extent of the burden and by
the law on donations as regards that portion which exceeds the value of
the burden imposed.
ii. Onerous donation is one made for a valuable consideration, the cost of which is
equal to or more than the thing donated.
1. Governed by the law on contracts.
a. If an impossible or illegal condition is imposed in such kind of
donation, the obligation created shall be void.
11. Without acceptance, the donation is not perfected.
a. Rationale: nobody is obliged to receive a benefit against his will.
12. The acceptance must be made during the lifetime of the donor and of the donee.
13. To be a donor, the law requires that a person must be in possession of the capacity to contract
and the capacity to dispose of his property and is not specifically prohibited to make a donation.
a. The law requires that the donor be the owner of the property donated at the time of the
donation, otherwise, such donation is void.s
b. The donor’s capacity must be determined as of the time of the making of the donation.
14. The law does not require that the donee must possess capacity to act, it being sufficient that he
must posses juridical capacity.
15. A donation may not be accepted by a person who is not authorized to do so, either by the donee
or by law.
16. There are three requisites for the validity of a simple donation of a real property:
a. It must be made in a public instrument
b. It must be accepted, which acceptance may be made either in the same Deed of Donation
or in a separate public instrument
c. If the acceptance is made in a separate instrument, the donor must be notified in an
authentic form, and the same must be noted in both instruments
17. Shopper’s Paradise Realty & Development Corp. vs. Roque – it is enough, between the parties
to a doantion of an immovable property, that the donation be made in a public instrument but, in
order to bind third persons, the donation must be registered in the Registry of Property.
18. GR: a donor may donate all his property or part thereof subject only to the following limitations:
a. He cannot donate future property;
b. He must reserve, in full ownership or in usufruct, sufficient means for the support of
himself, and of all relatives who, at the time of the acceptance of the donation, are by law
entitled to be supported by him; and
c. He cannot give by donation more than he can give by will.
19. It is possible that, at the time of the execution of the deed of donation or even up to the time of
acceptance, the donor may not be the owner of the property donated, so long as at the time the
acceptance reaches the knowledge of the donor, the requirement of the law is already complied
with.
20. Inofficious donations are those which prejudice the legitime of the compulsory heirs.
a. Not void although they may be subjected to a corresponding reduction or revocation.
21. Donation made to several donees jointly:
a. The donees are entitled to equal portions, unless the donor has otherwise provided.
b. If the donation is made to the husband and wife jointly, the rule is that there is a right of
accretion among them, unless the donor provides to the contrary.
c. When there is a right of accretion among several donees, the share of one who did not
accept or could not accept or who died before he had accepted shall go to the other
donees in proportion to the interest of each in the donation.
22. The donor is not obliged to warrant the things donated. Hence, as a rule, the donor has no
liability to the donee in case of eviction and hidden defects.
a. EXC:
i. When there is bad faith on the part of the donor, he is liable for eviction of hidden
defects.
ii. When the donation is onerous, in which case the donor shall be liable up to the
amount equal to the burden.
23. Exceptions to irrevocability:
a. Subsequent appearance of children

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i. Rule:
1. Every donation inter vivos, made by a person having no children or
descendants, legitimate or legitimated by subsequent marriage, or
illegitimate, may be revoked or reduced, by the happening of any of these
events:
a. If the donor, after the donation, should have legitimate or
legitimated or illegitimate children, even though they be
posthumous;
b. If the child of the donor, whom the latter believed to be dead
when he made the donation, should turn out to be living; or
c. If the donor subsequently adopts a minor child.
2. The happening of any of the foregoing events shall only give rise to a
cause or ground to revoke the donation.
ii. The prescriptive period of an action for revocation or reduction is 4 years
reckoned from the birth of the first child, or from his legitimation, recognition or
adoption, or from the time information was received regarding the existence of
the child believed dead.
b. Non-fulfillment of charges imposed in the donation
i. An action for revocation of an onerous donation by reason of this exception is 10
years counted from the time within which the donee must comply with the
conditions/obligations of the donation.
c. Ingratitude of the donee
i. Instances of acts of ingratitude:
1. If the donee should commit some offense against the person, honor of
property of the donor, or of his wife or children under his parental
authority;
2. If the donee imputes to the donor any criminal offense, or any act
involving moral turpitude, even though he should prove it, unless the
crime or the act has been committed against the donee himself, his wife
or children under his authority; or
3. If the donee unduly refuses to give support to the donor when the former
is legally or morally bound to give support to the latter.
ii. Prescriptive period is 1 year counted from the time the donor had knowledge of
the fact and it was possible for him to bring the action.
d. Fact that the donation is inofficious
i. The mere fact that the donation turns out to be inofficious at the time of the
donor’s death does not result in the automatic revocation of the donation.
1. If no action for revocation is filed, or if it is filed after the lapse of the
prescriptive period, the donation is forever considered as valid.
2. Only those who at the time of the donor’s death have a right to the
legitime and their heirs and successors in interest may ask for the
reduction of inofficious donations.
ii. Donations, the reduction of which hinges upon the allegation of impairment of
legitmime, are not controlled by a particular prescriptive period.
1. Imperial vs. CA – however, in this case, the SC held that an action for
reduction of an inofficious donation prescribes in 10 years.
a. The 10-year period commences to run only upon the death of the
donor-decedent.

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OBLIGATIONS & CONTRACTS

Obligations

1. Obligation is the juridical necessity to give to do or not to do.

2. Principle of obligatory force of contracts – obligations arising from contracts have the force of law
between the contracting parties and should be complied with in good faith.
3. Principle of relativity of contracts – contracts are effective only between the parties, including their
heirs and assigns, except when the rights and obligations therefrom are intransmissible by their
nature, or by stipulation, or by provision of law.
4. Forms of quasi-contracts: (i) negotiorum gestio; and (ii) solutio indebiti.
a. Negotiorum gestio – juridical relation which arises when a person voluntarily takes charge of
the agency or management of another’s abandoned or neglected business or property without
the owner’s authority.
b. Solutio indebiti – juridical relation which arises when something is received when there is no
right to demand it, and it was unduly delivered through mistake.
5. Criminal liability will give rise to civil liability only if the same felonious act or omission results in
damage or injury to another and is the direct and proximate cause thereof.
6. Cusapan vs. Laroya – the civil action which is deemed instituted with the criminal action is one
which is based on the delict. All the other civil actions under Article 32, 33, 34, and 2176 of the Civil
Code are no longer deemed instituted, and may be filed separately and prosecuted independently even
without any reservation in the criminal action.
7. People vs. Bunay – the claim for civil liability survives notwithstanding the death of the accused, if
the same may also be predicated on a source of obligation other than delict.
8. To sustain a claim based on quasi-delict, the following requisites must concur: (i) damage suffered;
(ii) fault or negligence of the defendant; and (iii) connection of cause and effect between the fault or
negligence of defendant and the damage incurred by the plaintiff.
9. Mendoza vs. Soriano – in quasi-delict, the employers are liable for the damages caused by their
employees acting within the scope of their assigned tasks.
10. Kinds of obligations from the view point of their juridical quality and/or efficaciousness:
a. Civil and Natural
b. Real and Personal
11. Breach of obligations
a. Test in determining existence of negligence: did the defendant in the performance of the
alleged negligent act use reasonable care and caution which an ordinary person would have
used in the same situation? – if not, then he is guilty of negligence.
b. Fortuitous event:
i. Carnapping per se may not be considered as a fortuitous event. It must be proved
and established that the event was an act of God or was done solely by third parties
and that neither the claimant nor the person alleged to be negligent has any
participation.
ii. Robbery per se is not a fortuitous event.
iii. The explosion of the new tire may not be considered a fortuitous event.
12. Kinds of obligations from the view point of the presence or absence of a condition or term:
a. Pure obligation – not subject to any condition or term
i. Immediately demandable
ii.
b. Conditional obligation – subject to a condition
i. Condition is an uncertain event which wields an influence on a legal relation.
1. Kinds of condition:
a. Suspensive – happening of which gives rise to an obligation
b. Resolutory – happening of which extinguishes an obligation
i. Immediately demandable but it is extinguished upon the
happening of the condition
ii. Central Philippine University vs. CA – when a person
donates land to another on the condition that the latter
would build upon the land a school, the condition imposed
was not a condition precedent or a suspensive condition but
a resolutory one.
iii. Upon extinguishment of the obligation, the parties must
make a mutual restitution of what they have received from
each other.
1. Restitution will be absolute.

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c. Potestative – fulfilment depends upon the will of one of the parties to

the juridical relation
i. Where the fulfilment of the condition which is dependent
upon the sole will of the debtor relates to the fulfilment of an
already existing obligation and not to its inception, it is only
such condition that is avoided as being contrary to law and
public policy, leaving unaffected the obligation itself.
ii. A condition which is both potestative and resolutory is valid,
even though the condition is made to depend upon the sole
will of the debtor.
iii. When the fulfilment of the condition depends solely upon the
will of the creditor the obligation does not become illusory,
inasmuch as the creditor is interested in its fulfilment and
will fulfill the same.
iv. It is only when the potestative condition depends exclusively
upon the will of the debtor that the conditional obligation is
void.
d. Casual – fulfilment depends exclusively upon chance or other factors
(including the will of third persons)
e. Mixed – fulfilment depends partly upon the will of one of the parties
and partly upon chance or other factors
f. Positive – refers to an act
i. That a certain event will happen within a specific period has
the effect of extinguishing the obligation dependent upon
such condition from the moment: (i) the said period lapses
without the condition having been fulfilled; or (ii) when it
becomes certain that the event will not take place, even
before said period expires.
g. Negative - refers to an omission
i. A negative condition that some event will not happen at a
determinate time has the effect of rendering the obligation
effective from the moment: (i) the period indicated has
elapsed; or (ii) if it has become evident that the event cannot
occur.
h. Divisible – can be performed in parts
i. Indivisible – cannot be performed in parts
j. Conjunctive – requires fulfilment of all conditions
k. Disjunctive – requires fulfilment of one condition
l. Express – condition is stated
m. Implied – condition is merely inferred
n. Possible – fulfilment is possible
o. Impossible – fulfilment is impossible, either physically or legally
c. Obligation with a term or period – those whose effects are subjected in one way or another
to the expiration of said term
i. If the designation of the period is left to the exclusive will of the debtor, the obligation
remains valid but it empowers the court to fix the period for its performance.
ii. Suspensive term – one that must lapse before the performance of the obligation can
be demanded.
1. The obligation may only be demanded upon the arrival of the day certain
fixed for its performance.
iii. Resolutory term – period after which the obligation is terminated, that is, the
obligation is valid up to a certain date.
1. Obligations with a resolutory term take effect and are demandable at once
but they terminate upon the arrival of the term or period specified.
iv. A stipulation that the payment is to be made “within” a stipulated period is for the
benefit of the debtor only.
v. When courts may fix the period:
1. When the obligation does not fix a period but the nature of the obligation and
the circumstances warrant the inference that a period must have been
intended;
2. When the duration of the period depends on the will of the debtor;

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3. When the noncompliance by one of the parties in reciprocal obligation is with

respect to time, the court may fix or grant a period if there exists a just cause
therefore.
13. Kinds of obligations from the view point of the number of prestations involved:
a. Simple – only 1 prestation
b. Compound – there are various prestations
i. Conjunctive – prestations are demandable jointly or both at the same time
ii. Distributive – where one of the various prestations may be demanded
1. Alternative – there are various prestations which are due and the obligation
is fulfilled by performance of one of them
a. The right of choice is pertains to the debtor.
i. EXC: creditor may exercise the right when the same has
been expressly granted to him.
b. What the law requires in order for the choice to become effective is
mere notice to the party.
2. Facultative – only 1 prestation is due, that to which the obligation refers;
but the debtor has the power to fulfill the obligation by giving or rendering
something else
a. The choice of substitute lies only with the debtor.
14. Joint obligation – one in which each debtor is liable only for a proportionate part of the debt, and the
creditor is entitled to demand only a proportionate part of the credit from each debtor.
a. The hare of each of the joint creditors or debtors in the credit or debt is considered distinct
from one another.
15. Solidary obligation – each of the debtors is liable for the entire obligation, and each of the creditors is
entitled to demand the satisfaction of the whole obligation from any or all of the debtors.
a. Cannot be inferred lightly. They must be positively and clearly expressed.
b. Kinds of solidarity:
i. Active:
1. One that exists among creditors
2. Essential feature is the existence of mutual agency or mutual representation
among the various creditors
a. Each one of the solidary creditors can claim or enforce the rights of
all, with the resulting obligation of paying everyone what belongs to
him.
3. A solidary creditor cannot assign his rights without the consent of the others,
I the same is made in favor of a stranger.
4. In assignment of rights to a co-creditor, the consent of the solidary creditors
is no longer necessary.
ii. Passive
1. One that exists among the debtors
2. Essential feature is the existence of mutual guaranty among the various
debtors
a. Each one of the debtors answers not only for the portion affecting
him, but also for the portion pertaining to the others.
3. The debtor who made the payment becomes the creditor of his co-debtors for
the share that corresponds to each of the latter in the obligation
extinguished.
4. If after payment has been made, one debtor becomes insolvent, the other
debtors, including the debtor who has paid the debt and who is seeking
reimbursement, are proportionately liable for the insolvent’s share.
iii. Mixed
1. Exists on the part of both creditors and debtors
16. Divisible obligation –
17. Indivisible obligation – that which does not admit of division, or even though it does, neither the
nature of the contract not the intention of the parties permits it to be fulfilled by parts.
a. The indivisibility of an obligation does not necessarily give rise to solidarity. Nor does
solidarity of itself imply indivisibility.
b. Joint indivisible obligation – the obligation is joint as to the parties but indivisible as to
compliance.
i. The performance requires the concurrence of all the debtors, although each for his
part.
ii. The collective action of all the creditors is also necessary in order to enforce the
credit.

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iii. The obligation is converted into one for the payment of indemnity for damages from
the time anyone of the debtors does not comply with his undertaking.
18. Obligations with a penal clause – it is one with an accessory undertaking by virtue of which the
obligor assumes a greater liability in case of breach of the obligation.
a. Dual function of the penal clause:
i. To provide for liquidated damages; and
ii. To strengthen the coercive force of the obligation by the threat of greater
responsibility in the event of breach.
b. The creditor need not present proof of actual damages suffered by him in order that the
penalty may be demanded.
19. Principal causes of extinction of obligations:
a. Payment or performance
i. Payment means not only the delivery of money, but also the performance, in any
other manner, of an obligation.
ii. Requisites:
1. Payment must be complete and regular
a. EXC:
i. Substantial performance in good faith
ii. If the creditor waives his right to insist on a complete and
regular performance
2. Payment must be tendered by the proper person
a. From the debtor himself or from his duly authorized representative;
b. From a third person who has been authorized by the parties to make
the payment; or
c. From a third person who has an interest in the fulfilment of the
obligation
3. Person paying must have the capacity to make payment
4. Payment should be made to the proper person
a. Proper person to whom payment should be made:
i. Person in whose favor the obligation has been constituted
(original creditor)
ii. Successor-in-interest of the original creditor; or
iii. Persons authorize to receive payment.
b. EXC: any payment made to a wrong person shall nonetheless be
considered valid and shall extinguish the debtor’s obligation if made
in any of the following situations:
i. If payment has redounded to the benefit of the creditor
ii. If the payment is made in GF to any person in possession of
the credit
iii. If the debtor pays the creditor prior to acquiring knowledge
of the assignment of credit made by the latter
5. Person to whom payment is made must have the capacity to receive it
a. When payment is made to a person who has no capacity to act or
incapacitated to manage his property, the payment is not valid.
b. EXC:
i. If he has kept the thing delivered; or
ii. Insofar as the payment has been beneficial to him.
6. Identity of prestation must be preserved such that the very thing or service
must be delivered or released
7. Payment must be tendered in the proper place
a. GR: payment must be made at the domicile of the debtor.
i. EXC:
1. If there is another place of payment designated in
the obligation; or
2. In the absence of agreement and when the obligation
is to deliver a determinate thing, the payment shall
be made wherever the thing might be at the moment
the obligation was constituted.
iii. Special forms of payment
1. Dation in payment (dacion en pago) – alienation of property to the creditor in
satisfaction of a debt in money. It requires delivery and transmission of
ownership of a thing owned by the debtor to the creditor as an accepted
equivalent of the performance of an obligation.

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Civil Law – Obligations & Contracts
2018 Bar Notes
 CIVIL LAW BAR NOTES
Based on Civil Law Reviewer vol. 2 by Elmer T. Rabuya

a. Objective novation – the thing offered as an accepted equivalent of

the performance of an obligation is considered as the object of the
contract of sal while the debt is considered as the purchase price.
b. Obligation of the debtor in dacion en pago is to pay a debt in money.
c. Governed by the law on sales.
2. Cession – consists in the abandonment of the totality of the property of the
debtor in favor of the creditors in order that the same may be applied for the
satisfaction of their credits.
a. Only the possession and administration are transferred to creditors.
3. Tender and consignation – act of offering the creditor what is due him or her,
together with the demand that the creditor accept the same.
a. It presupposes not only that the obligor is able, ready, and willing,
but more so, in the act of performing his obligation.
b. Tender of payment even if valid, does not by itself produce legal
payment, unless it is completed by consignation.
c. In the following instances, consignation alone will result in the
release of the debtor from his responsibility:
i. When creditor is absent
ii. When creditor is unknown
iii. When creditor does not appear at the place of payment
iv. When creditor is incapacitated to receive the payment at the
time it is due
v. When, without just cause, creditor refuses to give a receipt
vi. When two or more persons claim the same right to collect
vii. When the title of the obligation has been lost
iv. Application of payment – process of designating the debt to which the payment made
is applied, when the debtor has different obligations in favor of the same creditor.
1. Right to make application of payment primarily belongs to the debtor.
a. But such right must be exercised by the debtor at the time of
payment, not afterwards.
2. When the debtor has not expressly elected any particular obligation to which
the payment should be applied at the time of making of the payment, the
creditor may make such application.
3. When neither the debtor nor the creditor has specified to which of the several
debts the payment should be applied or if application cannot be inferred from
other circumstances, the following rules should be applied:
a. Payment should first be applied to the debt which is most onerous to
the debtor
b. If the debts due are of the same nature and burden, the payment
should be applied to all of them proportionately
b. Loss of the thing due
i. Loss in real obligations – the thing is lost when (i) it perishes or (ii) goes out of
commerce or (iii) disappears is such a way that its existence is unknown or it cannot
be recovered.
ii. Only a determinate or specific obligation may be extinguished through loss of the
thing due.
iii. Genus nunquam perit – genus of a thing can never perish.
iv. The rule in (i) does not apply to delimited generic obligations.
1. Example: if the obligation is to deliver palay which is to be produced by a
particular land.
v. Naga Telephone Co. vs. CA – rebus sic stantibus – the parties stipulate in the light
of certain prevailing conditions, and once these conditions cease to exist the contract
also ceases to exist.
c. Condonation or remission of the debt – an act of liberality by which the obligee, who
receives no price or equivalent thereof, renounces the enforcement of the obligation, which is
extinguished in its entirety or in part or aspect of the same to which the remission refers.
i. Requires the acceptance of the obligor.
ii. Requisites:
1. It must be gratuitous
2. The obligation must be demandable at the time of the remission
3. It must be accepted by the obligor
4. It must not amount to an inofficious donation
5. If it is made expressly, it must comply with the forms of donation

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Civil Law – Obligations & Contracts
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 CIVIL LAW BAR NOTES
Based on Civil Law Reviewer vol. 2 by Elmer T. Rabuya

d. Merger or confusion of rights – it is the meeting in one person of the qualities of a creditor
and debtor with respect to the same obligation. It exists when the characters of the creditor
and debtor are merged in the same person.
i. Requisites:
1. It must take place in the person of the principal creditor and principal
debtor.
2. It must be complete and definite.
ii. Confusion does not extinguish a joint obligation except as regards the share
corresponding to the creditor or debtor in whom the two characters concur.
iii. With respect to solidary obligations, Article 1215 expressly provides that confusion
has the effect of extinguishing the obligation.
e. Compensation – mode of extinguishing to the concurrent amounts the obligations of person
who, in their own right and as principals, are reciprocally creditors and debtors of each other.
i. Kinds:
1. Legal – takes place ipso jure when all the requisites of law are present
a. The parties must be creditors and debtors of each other in their
own right.
b. The parties must be bound principally.
i. EXC: the guarantor may set up compensation as what
the creditor may owe the principal debtor.
c. Both debts consist in a sum of money, or if the things due are
consumable, they be of the same kind, and also of the same
quality if the latter has been stated.
d. Both debts must be due, liquidated, and demandable.
e. Over neither of them there be any retention or controversy,
commenced by third persons and communicated in due time to
the debtor.
2. Conventional or voluntary – occurs when the parties agree to the mutual
extinguishment of their credits or to compensate their mutual obligations
even in the absence of some of the legal requisites
a. That each of the parties can dispose of the credit he seeks to
compensate
b. That they agree to the mutual extinguishment of their credits
3. Judicial – takes place when the court allows the set off or counterclaim of the
defendant as against the claim of the plaintiff
f. Novation – substitution or change of the obligation by a subsequent one which extinguishes
or modifies the first, either by changing the object or principal conditions, or by substituting
another in place of the debtor, or by subrogating a third person in the rights of the creditor.
i. Ajax Marketing & Development Corp. vs. CA – It is a juridical act with a dual
function: (i) extinguishes an obligation; and (ii) creates a new one in lieu of the
old.
ii. Requisites:
1. There must be a previous valid obligation
2. The parties concerned must agree to a new contract
3. The old contract must be extinguished
4. There must be a valid new contract
iii. Alterations of the terms and conditions of the obligation would generally result
only in modificatory novation unless such terms and conditions are considred to
be the essence of the obligation itself.

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Civil Law – Obligations & Contracts
2018 Bar Notes
 CIVIL LAW BAR NOTES
Based on Civil Law Reviewer by Elmer T. Rabuya

Contracts

1. A contract is a meeting of the minds between two persons whereby one binds himself, with respect to
the other, to give something or to render some service.
a. Characteristics:
i. Obligatory force or character of contracts – obligations arising from contracts have
the force of law between the contracting parties and should be complied with in good
faith.
1. Contract must be perfected, valid, and enforceable.
ii. Autonomy of contracts – contracting parties are accorded the liberality and freedom
to establish such stipulations, clauses, terms, and conditions as they may deem
convenient, provided the same are not contrary to law, morals, good customs, public
order or public policy.
iii. Mutuality of contracts – contract must bind both the contracting parties; its validity
or compliance cannot be left to the will of one of them.
1. The determination of performance may be left to a third person.
iv. Relativity of contracts – contracts can only bind the parties who entered into it, and it
cannot favor or prejudice a third person, even if he is aware of such contract and has
acted with knowledge thereof.
1. EXC: See Articles 1311-1314, 1729, NCC
2. Stipulation pour autrui – stipulation in favor of a third person conferring a
clear and deliberate favor upon him, and which stipulation is merely a part of
a contract entered into by the parties, neither of whom acted as agent of the
third person, and such third person may demand its fulfillment provided that
he communicates his acceptance to the obligor before it is revoked.
b. Perfection of contracts:
i. Negotiation
ii. Perfection (birth of the contract) – takes place when parties agree upon the essential
element of the contract
1. Consensual – perfected upon mere meeting of minds on the object and on the
cause of the contract
2. Real – perfected by delivery of the object of the contract
iii. Consummation
2. Essential Requisites – those necessary for the very existence of the contract itself
a. Consent
i. Elements:
1. Plurality of subjects
2. Capacity
a. Effect of incapacity: the contract is not void.
i. If only 1 of the contracting parties is incapable of giving
consent – voidable
ii. If both are incapable – unenforceable
b. The law presumes that every person is fully competent to enter into a
contract until satisfactory proof to the contrary is presented.
c. Minority
i. Effect: voidable
ii. The law gives the minor the right to annul or ratify the
contract upon attainment of age of majority.
iii. Effect of misrepresentation: when there is active
misrepresentation, they cannot, upon reaching the age of
majority, annul the contract on the ground of minority
inasmuch as they are already in estoppel.
d. Insanity
i. Effect: voidable
ii. But if the contract is entered into during a period of lucid
interval, the same is valid.
iii. It is only that insanity which prevents a person from
knowing the character of the act that he is performing as
well as its legal effects which will be a ground for annulment.
iv. The law presumes that every person is of sound mind in the
absence of proof to the contrary.
e. Civil interdiction, old age, illiteracy

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Civil Law – Obligations & Contracts
2018 Bar Notes
 CIVIL LAW BAR NOTES
Based on Civil Law Reviewer by Elmer T. Rabuya

i. Only when such age or infirmities impair his mental faculties

to such extent as to prevent him from properly, intelligently,
and fairly protecting his property rights that he is considered
incapacitated.
3. Intelligent and free will
4. Express or tacit manifestation of the will
5. Conformity of the internal will and its manifestation
ii. Meeting of the offer and acceptance upon the thing and the cause which are to
constitute the contract
1. Objective theory of contracts – the seriousness of the intention of the
offeror is to be determined by what a reasonable person in the offeree’s
position would conclude the offeror’s words and actions meant and not by
the subjective intentions or beliefs of the offeror.
2. Option contract – preparatory contract in which one party grants to the
other, for a fixed period and under specific conditions, the power to decide,
whether or not to enter into a principal contract.
a. It is a separate agreement distinct from the contract which the
parties may enter into upon the consummation of the option.
b. It must be supported by consideration.
c. Earnest money is something of value to show that the buyer was
really in earnest, and given to the seller to bind the bargain, and
whenever earnest money is given in a contract of sale, it is
considered as part of the purchase price and proof of the perfection
of the contract; while option money is the money given as a distinct
consideration for an option contract.
3. To be effective, acceptance must be absolute.
4. Mirror-image rule – in order for there to be an acceptance, the offeror must
accept the terms as stated in the offer
b. Object
i. What may be the object of contracts:
1. All things which are not outside the commerce of man, including future
things;
2. All rights which are not intransmissible; or
3. All services which are not contrary to law, morals, good customs, public
order or public policy.
ii. Requisites:
1. Object must be within the commerce of men
2. Object must be real or possible, either physically or legally
3. Object should be licit, or not contrary to law, morals, good customs, public
order or public policy
4. Object should be determinate or determinable, as to kind
iii. Existence – at the time of the perfection of the contract, or at least it has the
possibility or potentiality of coming into existence.
c. Cause
i. “the why of the contracts, the essential reason which moves the contracting parties to
enter into the contract;” it is the essential reason which moves the contracting parties
to enter into it — it is the immediate, direct and proximate reason which justifies the
creation of an obligation through the will of the contracting parties.
ii. It must exist, true, and licit.
iii. Lesion or inadequacy of cause does not invalidate a contract, unless there has been
fraud, mistake, or undue influence.
1. But See Article1381(1) and (2) and 1098, NCC – lesion is ground for rescission
of the contract
3. Kinds of Contracts
a. According to degree of dependence
i. Principal
ii. Accessory
iii. Preparatory
b. According to manner of perfection
i. Consensual
ii. Real – perfected by the delivery of the object of the contract
c. According to the nature of obligation produced
i. Bilateral

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Civil Law – Obligations & Contracts
2018 Bar Notes
 CIVIL LAW BAR NOTES
Based on Civil Law Reviewer by Elmer T. Rabuya

ii. Unilateral
d. According to their name
i. Nominate
ii. Innominate
1. do ut des
2. do ut facias
3. facio ut des
4. facio ut facias
e. According to cause
i. Onerous
ii. Remuneratory
iii. Gratuitous
f. According to risk involved
i. Commutative – each of the contracting parties gives and receives an equivalent or
there is a mutual exchange of relative values
ii. Aleatory – each of the parties both reciprocally bind themselves to give or to do
something in consideration of what the other shall give or do upon the happening of
an event which is uncertain, or which is to occur at an indeterminate time
g. According to requirement of form or solemnity
i. Common
ii. Special or solemn
h. According to purpose
i. To transfer ownership
ii. To convey the use
iii. To give security
iv. To render some service
i. According to their subject matter
i. Things
ii. Services
iii. Rights
j. According to their defects
i. Perfectly valid
ii. Rescissible
iii. Voidable
iv. Unenforceable
v. Void or inexistent
4. Forms of contracts
a. GR: contracts are obligatory, in whatever from they may have been entered into, provided all
the essential requisites for their validity are present.
b. EXC: there are two groups of contracts where the requirement of form is absolute and
indispensable: (i) those which are required to be in some form in order that they may be valid;
and (ii) those which are required to be in some form in order that they may be enforceable or
in order that they may be proved in a certain way.
i. For validity:
1. Donation of personal property where the value exceeds P5,000
2. Donation of real property
3. Donation propter nuptias
4. Contract of partnership, when real property is contributed as capital
5. Sale of parcel of land or any interest therein by an agent
6. Stipulation limiting common carrier’s liability for loss, destruction or
deterioration of goods
7. Contract of antichresis
8. Sale or transfer of large cattle
9. Chatter mortgage contract
ii. For enforceability:
1. Statute of Frauds
a. For evidentiary purposes
b. Applies only to executory contracts.
c. It does not apply to actions which are neither for violation of a
contract nor for the performance thereof.
d. The defense can be relied up only by the parties to the contract or
their representatives or privies, or those whose rights are directly
controlled by the statute.

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Civil Law – Obligations & Contracts
2018 Bar Notes
 CIVIL LAW BAR NOTES
Based on Civil Law Reviewer by Elmer T. Rabuya

e. The defense can be waived either by: (i) failing to object to the
presentation of oral evidence to prove the contract; or (ii) accepting
the benefits under the contract.
f. Specific contracts covered by Statute of Frauds:
i. Agreements not to be performed within a year
ii. Special promise to answer for debt of another
1. Example: contracts of guaranty proper and
suretyship
2. Test: whether the promise is an original or collateral
one. If collateral, must be in writing.
iii. Agreements in consideration of marriage
1. Donation propter nuptias is no longer governed by
Statute of Frauds
iv. Sale of goods, chattels, or things in action at price not less
than P500
v. Lease of real property for more than a year and sale of real
property or an interest therein
vi. Representation as to credit of third persons
vii. Others
1. Express trust over immovable
2. Agreement on payment of interest
5. Reformation of instruments
a. It is the remedy in equity by means of which a written instrument is made or construed so as
to express or conform to the real intention of the parties.
b. Requisites:
i. There must be a meeting of the minds of the parties to the contract;
ii. The instrument does not express the true intention of the parties; and
iii. The failure of the instrument to express the true intention of the parties is due to
mistake, fraud, inequitable conduct, or accident.
c. When the mutual error of the parties relates to the legal effect of their agreement which
frustrates the real purpose of the contract, the consent is vitiated and the remedy is not
reformation of the instrument but annulment of the contract. But in order for reformation of
the instrument by reason of mutual mistake to be applicable, it is necessary that—
i. Mistake should be of fact
ii. The same should be proved by clear and convincing evidence
iii. The mistake should be common to both parties to the instrument
d. Simulation of contracts:
i. Requisites:
1. An outward declaration of will different from the will of the parties
2. The false appearance must have been intended by mutual agreement
3. The purpose is to deceive third persons
ii. Kinds
1. Absolute – parties do not have any intention to be bound at all
a. Void or inexistent
2. Relative – parties simply conceal their true agreement
e. Who may demand reformation:
i. If mistake was mutual – either party or his successor-in-interest
ii. If mistake was not mutual – only the injured party or his heirs and assigns
6. Interpretation of contracts
a. Cardinal rule: the intention of the contracting parties should always prevail because their will
has the force of law between them.
b. In order to judge the intention of the contracting parties, their contemporaneous and
subsequent acts shall be principally considered.
c. Principle of effectiveness – what will prevail is that interpretation which is most adequate to
render the contract effective.
d. Complementary-contracts-construed-together doctrine – an accessory contract must be
read in its entirety and together with the principal agreement.
e. In case doubt is not resolved by other rules in contract interpretation:
i. And contract is gratuitous – that interpretation which establishes a less onerous
transmission of rights and interest is to be adopted
ii. And contract is onerous – that interpretation which permits greater reciprocity of
interests is to be adopted
7. Defective contracts

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Civil Law – Obligations & Contracts
2018 Bar Notes
 CIVIL LAW BAR NOTES
Based on Civil Law Reviewer by Elmer T. Rabuya

Rescissible Voidable Unenforceable Void and inexistent

These contracts are valid A contract is voidable Unenforceable contracts Void contract is perfected
and enforceable until they when all of the essential cannot be sued upon or contract because all
are rescinded by a requisites for the enforced by a proper court essential requisites for the
competent court. perfection of the contract action unless they are existence of a contract are
are present but the ratified. present, but the contract
element of consent is is invalid from its
defective either because of inception; while an
(i) want of capacity to inexistent contract is a
contract with respect to contract which does not
one of the parties thereto exist because any of the
or (ii) because of vitiation essential requisites for the
of consent by reason of existence of a contract is
mistake, violence, totally wanting.
intimidation, undue
influence, or fraud.
May not be cured by Contract is susceptible of Susceptible of ratification. Not susceptible of
ratification. ratification. ratification.
Rescission may be invoked Annulment may be They cannot be assailed by The inexistence or
either by a contracting invoked only by a third persons. absolute nullity of a
party or a third person contracting party. contract cannot be
who is prejudiced. invoked by a person whose
interests are not directly
affected.
Cannot be attacked It can be assailed only in a
collaterally; an direct proceeding for that
independent action is purpose and not
necessary to prove that collaterally.
the contract is rescissible.
Ocampo vs. CA – to Upon annulment, the
rescind is to declare a parties should be restored
contract void in its to their original position
inception and to put an by mutual restitution.
end to it as though it
never were. EXC: when the defect of
the contract consists in
Art. 1385, par. 1 – the incapacity of one of the
rescission creates the parties, the incapacitated
obligation to return the person is not obliged to
things which were the make any restitution
object of the contract, except insofar as he has
together with their fruits, been benefited by the
and the price with its thing or price received by
interests 1. him.
The action to claim The prescriptive period is
rescission must be 4 years and the period
commenced within 4 commences to run—
years— 1. In case of
1. For contracts by intimidation, violence,
guardians in behalf of or undue influence –
ward – from from time the defect of
termination of ward’s the contract ceases.
incapacity 2. In cases of mistake of
2. For contracts by fraud – from the time
representatives in of the discovery of the
behalf of absentees – same
from the time the 3. In cases of incapacity
domicile of the to give consent – from
absentee is known the time guardianship
3. For contracts in fraud ceases
of creditors – accrues
only when the creditor
discovers that he has
no other legal remedy
for satisfaction of his
claim against the
debtor other than an
accion pauliana

1 This only applies to rescission on the ground of lesion.

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Civil Law – Obligations & Contracts
2018 Bar Notes
 CIVIL LAW BAR NOTES
Based on Civil Law Reviewer by Elmer T. Rabuya

a. Rescissible contracts
a. Contracts undertaken in fraud of creditors are rescissible when the latter cannot in any
manner collect that claims due them. The rescissory action to set aside contracts in fraud
of creditors is known as accion pauliana.
i. It is a remedy of last resort.
1. It is necessary that these successive measures must be taken by a
creditor before he may bring an action for rescission of an allegedly
fraudulent contract:
a. Exhaust the property of debtor through levying by attachment
and execution upon all property of the debtor, except such as are
exempt by law from execution;
b. Exercise all the rights and actions of the debtor, save those
personal to him (accion subrogatoria); and
c. Seek rescission of the contracts executed by the debtor in fraud
of their rights (accion pauliana)
ii. Badges of fraud – Oria vs. Mcmicking
iii. Rosencor Development Corp. vs. Inquing – a contract of sale entered into in
violation of a right of first refusal of another person is rescissible because it is in
fraud of a creditor.
1. After the rescission of the contract in violation of the grantee’s right of
first refusal, the grantor may now be directed to comply with his
obligation to sell the property to the grantee under the same terms and
conditions that it had been sold to a third person.
2. A right of first refusal need not be written to be enforceable and may be
proven by oral evidence.
b. Contracts relating to things under litigation are also rescissible if they have been entered
into by the defendant without the knowledge and approval of the litigants or of the
competent judicial authority.
c. Payments made in a state of insolvency for obligations to whole fulfillment the debtor
could not be compelled at the time they were affected, are also rescissible.
d. The right to claim rescission must be commenced within 4 years2.
e. The rescission in Article 1191 applies only to reciprocal obligation, which are rising from
the same cause, and in which each party is a debtor and creditor of each other, such that
the obligation of one is dependent upon the obligation of the other.
f. Laperal vs. Solid Homes, Inc. – Article 1385 is also applicable to the rescission under
Article 1191. Thus, mutual restitution is also required in cases involving rescission under
Article 1191.
b. Voidable contracts
a. A contract that is annulled presupposes that it subsists but later ceases to have legal
effect when it is terminated through a court action.
b. In annulment, it is the judgment of the court that produces the invalidity of the contract.
c. Before a party can have the necessary standing to institute the action for annulment, he
must either be:
i. The party obliged principally or subsidiarily in the contract which he seeks to
annul.
1. EXC: A person who is not a party obliged principally or subsidiarily
under a contract may exercise an action for annulment of the said
contact if:
a. He is prejudiced in his rights with respect to one of the
contracting parties; and
b. He can show detriment which would positively result to him from
the contract in which he has no intervention.
ii. The party suffering from incapacity to give consent or the victim of intimidation,
violence, undue influence, fraud or mistake.
d. Mistake or error
i. In order that mistake may invalidate consent, it should either refer to: (1) the
substance of the thing which is the object of the contract; or (2) those conditions
which have principally moved one or both parties to enter into the contract; or (3)
those mistake as to the identity or qualifications of one of the parties, but only
when such identity or qualifications have been the principal cause of the
contract.

2 This applies only to rescission under Article 1381, and not Article 1191.

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Civil Law – Obligations & Contracts
2018 Bar Notes
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e. Fraud – those insidious words or machinations resorted to by one of the contracting

parties to induce the other to enter into a contract which without them he would not have
agreed to – the fraud must be the determining cause of the contract. – CAUSAL fraud.
i. Dolo causante or causal fraud – basically a deception employed by one party
prior to or simultaneous to the contract in order to secure the consent of the
other.
1. Causal fraud renders the contract voidable, while incidental fraud
renders the person employing it only liable for damages.
ii. Requisites of annulment:
1. It must have been employed by one contract party upon the other;
2. It must have induced the other party to enter into the contract;
3. It must have been serious; and
4. It must have resulted in damage and injury to the party seeking
annulment.
f. Intimidation and violence
i. Intimidation – when one of the contracting parties is compelled by a reasonable
and well-grounded fear of an imminent and grave peril upon his person or
property, or upon the person or property of his spouse, descendants or
ascendants, to give his consent,
1. Requisites for annulment:
a. The intimidation must be the determining cause of the contract,
or must have caused the consent to be given;
b. The threatened act be unjust or unlawful;
c. The threat be real and serious; and
d. It produces a reasonable and well-grounded fear from the fact
that the person from whom it comes has the necessary means or
ability to conflict the threatened injury.
2. Mangahas vs. Brobio – being forced into a situation does not amount to
a vitiated consent where it is not shown that the party is deprived of free
will and choice.
ii. Violence – when in order to wrest consent, serious or irresistible force is
employed.
1. If employed by third person – the same may still vitiate consent and may
render the contract voidable3
g. Undue influence – when a person takes improper advantage of his power over the will of
another, depriving the latter of a reasonable freedom of choice.
i. The following circumstances shall be considered: the confidential, family,
spiritual, and other relations between the parties, or the fact that the person
alleged to have been unduly influenced was suffering from mental weakness, or
was ignorant or in financial distress.
ii. Requisites for annulment:
1. A person who can be influenced;
2. The fact that improper influence was exerted; and
3. Submission to the overwhelming effect of such unlawful conduct.
iii. Undue influence must be of a kind that so overpowers and subjugates the mind
of the person upon whom it is employed as to destroy his free agency and make
him express the will of another, rather than his own.
iv. The relationship must reflect a dominant, overmastering influence which controls
over the dependent person.
h. Requisites of ratification:
i. The contract has all the essential requisites, but it is tainted with a vice which is
susceptible of being cured.
ii. It should be effected by the person who is entitled to do so under the law.
iii. It should be effected with the knowledge of vice or defect.
iv. The cause of the nullity or defect should have already disappeared.
c. Unenforceable contracts
a. Kinds:
i. Those entered into in the name of another person by one who has been given no
authority or legal representation, or who has acted beyond his powers;
ii. Those that do not comply with the Statute of Frauds; and

3Compared to rule on fraud – the misrepresentation of a third person does not vitiate consent unless such
misrepresentation has created substantial mistake and the same is mutual.

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iii. Those where both parties are incapable of giving consent to a contract.
b. The defect of an unenforceable contract is of a permanent nature and it will exist as long
as the contract is not duly ratified.
c. Even if the alleged principal did not ratify the contract made in his behalf without
authority, the contract does not become void but cannot simply be enforced against him.
d. If an alleged agent has sold a parcel of land without the consent of the alleged principal,
the contract is void an not merely unenforceable.
e. A sale of realty of the ward or the absentee by the guardian or legal representative
without authority from the court is void, not merely unenforceable.
d. Void and inexistent contracts
a. As a general rule, they produce no effect whatsoever against or in favor of anyone.
b. Modina vs. CA - The principle of pari delicto applies only to void contract, but not to
inexistent contracts.
c. The right to set up the defense of inexistence or absolute nullity of the contract does not
prescribe.
d. The right to have a contract declared void ab initio may be barred by laches although not
barred by prescription.
e. Inexistent contracts
i. Those which are absolutely simulated or fictitious.
1. There is want of consent.
ii. Those whose cause or object did not exist at the time of the transaction.
iii. Those where the intention of the parties relative to the principal object of the
contract cannot be ascertained.
f. Void contracts – void from the beginning
i. Those whose cause, object or purpose is contrary to law, morals, good customs,
public order or public policy.
ii. Those whose object is outside the commerce of men.
iii. Those which contemplate an impossible service.
iv. Those expressly prohibited or declared void by law.
g. The pari delicto rule
i. In void contracts where the nullity proceeds from the illegality of the cause or
the purpose of the contract, whether the attendant facts constitute an offense
or misdemeanor or whether the consideration involved is merely rendered illegal,
and the two parties are equally at fault, the law leaves them as they are and
denies recovery by either one of them.
ii. The rule does not apply when the contract is inexistent.
iii. Ubarra vs. Mapalad – the rule does not apply to criminal cases.
iv. EXC: the principle of pari delicto is not absolute in character.
1. See Articles 1413-1419, NCC
h. There is no need of an action to set aside a void or inexistent contract, as in fact such
action cannot legally exist, though an action to declare the non-existence of the contract
can be maintained, and in the same action, the plaintiff may recover what he has given
by virtue of that contract.
i. If contract is fully executory – no party need bring an action to declare its nullity.
But if any party should bring an action to enforce it, the other party can simply
set up the nullity as a defense.
ii. If contract has been executed – action can be maintained for the purpose of
recovering what has been given by virtue of the contract.
i. GR: the parties are entitled to recover what they may have been given by virtue of the
contract in an action to declare its absolute nullity or inexistence.
i. EXC: there is no right to recover—
1. When the principle of pari delicto is applicable; or
2. When the action is declared to be barred by laches.

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SUCCESSION

General provisions
1. Succession is a mode of acquisition by virtue of which the property, rights and obligations to the
extent of the value of the inheritance of a person are transmitted through his death to another or
others either by his will or by operation of law. (Sec. 774, NCC)
2. The inheritance of person consists of the property and transmissible rights and obligations existing at
the time of his death.
a. It is acquired mortis causa and transmitted by death.
3. Heirs succeed not only to the rights of the deceased but also to his obligations.
4. Rules on transmissibility of rights and obligations
a. Purely personal rights are not transmitted to the heirs.
b. Patrimonial rights, generally, are transmissible to the heirs unless otherwise provided by law
or by the will of the testator.
c. Rights and obligations arising from contracts are, as a rule, binding upon the heirs unless
they are not transmissible by their nature, or by stipulation, or by provision of law.
5. Rules on transmissibility of pecuniary obligations
a. It is only after the debts are paid that the residue of the estate is distributed among the heirs.
b. With respect to obligations arising from contracts, while the same is transmissible to the
heirs, the latter’s liability shall be limited only up to the value of the property they received
from the decedent.
6. Successional rights are vested only at the time of death.
7. Interests of heirs prior to death of decedent:
a. Prior to the death of the decedent, the interests of the heir over the inheritance is merely
inchoate or a mere expectancy.
b. A contract entered into upon future inheritance is void. (not absolute)
8. Ordinary absence: If a person has been absent, it being unknown whether or not he still lives, he
shall be presumed dead for purposes of opening his succession after an absence of 10 years. If he
disappeared after the age of 75 years, an absence of 5 years shall be sufficient.
9. Qualified absence: in cases under Article 391, NCC, the presumptive death is fixed on the very day of
the occurrence of the event from which death is presumed; and if such date cannot be fixed, the court
determines the middle of the period in which the event could have happened.
10. In case of preterition, the institution of the heir is annulled; whereas, the institution of legatees and
devisees is effective to the extent that the legitimes are not impaired.
11. Kinds of heirs:
a. Voluntary – instituted by the testator in his will, to succeed to the inheritance or to the
portion thereof which the testator can freely dispose.
b. Legal or intestate – those who succeed to the estate of the decedent who dies without a valid
will, or to the portion of such estate not disposed of by will.
c. Compulsory – succeed by force of law to some portion of the inheritance known as the
“legitime,” in an amount predetermined by law, of which they cannot be deprived by the
testator, except by a valid disinheritance.

Testamentary Succession / Wills

1. That which results from the designation of an heir, made in a will executed in the form prescribed by
law.
2. Will – an act whereby a person is permitted, with the formalities prescribed by law, to control to a
certain degree the disposition of the estate, to take effect after his death.
a. A document which initially comes across as a mere disinheritance is considered as a will.
i. It results in the disposition of the property of the testator.
3. The making of a will is a purely personal act.
a. The wishes and desires of the testator must be strictly followed.
b. The mere mechanical act of drafting the will may be done by a third person.
c. What may not be delegated:
i. Designation of the heirs, devisees or legatees;
ii. Duration or efficacy of such designation; and
iii. Determination of the portions they are to receive, when referred to by name.
d. EXC to the rule of non-delegability: See Article 785, NCC.
i. There is here no delegation of the will or testamentary disposition because the
testator himself has already made the disposition, except that he may entrust to a
third person the details in the execution of his testamentary disposition.

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4. Rules in case of ambiguities:

a. Kinds:
i. Latent (intrinsic) – not apparent on the face of the will
1. Example: when a testator gives a legacy to “my cousin Anna” and it will turn
out that the testator has three cousins named “Anna”
ii. Patent (extrinsic) – appears upon the face of the instrument
b. Shall be resolved by (i) determining the intention of the testator by examining the words of
the will; and/or (ii) resorting to parol or extrinsic evidence.
i. Extrinsic evidence cannot include oral declarations of the testator as to his intention.
5. Properties acquired during the interval between the execution of the will and the death of the testator
are not, as a rule, included among the properties disposed of.
a. EXC: unless it should expressly appear in the will itself that such was the intention of the
testator.
6. Laws governing the validity of wills:
a. As to formal (extrinsic) validity – lex loci celebrationis (laws of the country in which they are
executed)
b. Intrinsic validity – national law of the person whose succession is under consideration
7. Qualifications and capacity to make a will:
a. Shall be governed by national law
b. Only natural persons are qualified to make a will
c. As a rule, all natural persons are qualified to make a will.
i. EXC:
1. He is expressly prohibited by law;
2. He is below 18; or
3. He is of unsound mind.
a. Test of soundness of mind:
i. Testator must have the ability to know:
1. The nature of the estate to be disposed of;
a. Fairly accurate knowledge of what he owns.
2. The proper objects of his bounty; and
a. Know his relatives in the most proximate
degrees.
3. The character of the testamentary act.
a. Aware that the instrument he is executing is
an act mortis causa.
d. There is presumption in favor of sanity.
i. EXC:
1. When the testator, one month or less, before the execution of the will was
publicly known to be insane; or
2. When the testator executed the will after being placed under guardianship or
ordered committed, in either case, for insanity, and before said order has
been lifted.
ii. Consequence of EXC: the person who maintains the validity of the will has the
burden of proving that the testator made the will during lucid interval.
8. Vda de Perez vs. Tolete – what the law expressly prohibits is the making of joint wills either for the
testators’ reciprocal benefit or for the benefit of the third person. Hence, the separate wills of the
spouses which contain essentially the same provisions and pertain to property which in all probability
are conjugal in nature may be probated jointly.
9. With respect to mutual wills, if the same are embodied in separate instruments, they are valid,
unless such provisions amount to a disposicion captatoria.
a. Disposicion captatoria – disposition made upon the condition that the heir shall make some
provision in his will in favor of the testator or of any other person.
10. Forms of wills
Notarial/Attested Will Holographic Will
Governed by Articles 804-809 of the Civil Code. Governed by Article 810 of the Civil Code.
1. Forms and solemnities of wills shall be governed by the laws of the country in which they are
executed.
2. Validity of a will as to its form depends upon the observance of the law in force at the time it is
made.
3. Should be in writing and must have been executed in a language or dialect known to the testator.
a. The rule that it must have been executed in a language or dialect known to the testator will
apply even if the provisions of the will are interpreted or explained to the testator.

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Notarial/Attested Will Holographic Will

1. It must be subscribed at the end thereof (i) by 1. It must be entirely handwritten by the testator;
the testator himself; or (ii) by the testator’s 2. It must be dated; and
name written by some other person in his 3. It is signed by the hand of the testator himself.
presence, and by his express direction.
2. It must be attested and subscribed by at least
3 credible witnesses in the presence of the
testator and of one another.
3. The testator or the person requested by him to
write his name must also sign every page,
except the last, on the left margin in the
presence of the witnesses.
4. The witnesses must sign every page on the
left margin in the presence of the testator and
of one another.
5. All pages must be numbered correlatively in
letters on the upper part of each page.
6. It must contain an attestation clause which
expressly states (i) the number of pages used
upon which the will is written; (ii) the fact that
the testator signed the will and every page
thereof, or caused some other person to write
his name, under his express direction, in the
presence of the instrumental witnesses; (iii) the
fact that the witnesses witnessed and signed
the will and all the pages thereof in the
presence of the testator and of one another.
7. It must be acknowledged before a notary
public by the testator and the witnesses.
Special requirements:
1. If testator is deaf or deaf-mute:
a. If testator is able to read, he must
personally read the will.
b. If the testator is unable to read, he
must designate two persons to read it
and communicate it to him.
2. If the testator is blind:
a. The will shall be read to him twice,
once by one of the subscribing
witnesses, and another time by the
notary before whom the will is
acknowledged.

Notarial will
1. First requirement:
a. Garcia vs. Lacuesta – the mere sign of the cross could not be likened to a thumbmark
as it does not have the trustworthiness of the latter.
b. The true test of presence of the testator and the witnesses is whether they might have
seen each other sign, hey they chosen to do so, considering their mental and physical
condition and position with relation to each other at the moment of inscription of each
signature.
c. That by merely casting their eyes in the proper direction they could have seen each other
sign. (Jaboneta vs. Gustilo)
d. In the second mode, the important thing is that it clearly appears that the name of the
testatrix was signed at her express direction.
e. It is immaterial who writes the name of the testatrix provided it is written at her request
and in her presence and in the presence of all the witnesses to the execution of the will.
2. Second requirement:
a. Attestation is the act of senses, while subscription is the act of the hand.
b. Mandatory requirement.
c. Testate Estate of the Late Alipio Abada vs. Abaja – the rule on substantial
compliance in determining the number of witnesses can be applied in this case because
the question is answered by an examination of the will itself.
d. The third witness must not be the notary public himself before whom the will was
supposed to have been acknowledged.
3. Third requisite:

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a. The requirement that the signature be placed on the left margin is merely directory,
provided that such signatures are present in every page of the will.
4. Fourth requisite:
a. Icasiano vs. Icasiano – the inadvertent failure of one witness to affix his signature to one
page of a testament, due to the simultaneous lifting of two pages in the course of signing,
is not per se sufficient to justify denial of probate.
5. Sixth requirement:
a. Unson vs. Abella – the complete absence of such clause would result in the invalidity of
the will.
b. Leynez vs. Leynez – it is made for the purpose of preserving in a permanent form a
record of the fact that attended the execution of a particular will, so that in case of failure
of the memory of the attesting witnesses, or other casualty, such facts may still be
proved.
c. Attestation clause need not be written in the language or dialect known to the testator
since it does not form part of the testamentary disposition.
d. The law does not require that the attestation clause be contained in a single clause.
e. If the attestation clause is the only evidence of the fact required to be stated therein, the
omission to state such fact in the attestation clause is fatal.
i. The rule on substantial compliance in Article 809 cannot be invoked or relied on.
f. But if the omitted statement may be proven by the mere examination of the document
although it does not say anything about it, such omission does not invalidate the will.
i. The rule of substantial evidence must be limited to disregarding those defects
that can be supplied by an examination of the will itself: (1) whether all the pages
are consecutively numbered; (2) whether the signatures appear in each and every
page; (3) whether the subscribing witnesses are three or; (4) whether the will was
notarized.
6. Seventh requirement:
a. It involves an extra step undertaken whereby the signatory actually declares to the notary
public that the same is his or her own free act and deed.
b. Two-fold purpose:
i. To safeguard the testator’s wishes long after his demise; and
ii. To assure that his estate is administered in the manner that he intends it to be
done.
c. An attestation clause and an acknowledgment cannot be merged in one statement.
i. An acknowledgment is made by one executing a deed, declaring before a
competent officer or court that the deed or act is his own. On the other hand, an
attestation clause refers to an act of the instrumental witnesses themselves who
certify to the execution of the instrument before them and to the manner of its
execution.
d. Outside of the place of his commission, a notary public is bereft of the power to perform
any notarial act – he is not a notary public.
e. A will which does not contain an acknowledgment, but a mere jurat, is fatally defective.
i. A jurat us that part of the affidavit whereby the notary certifies that before
him/her, the document was subscribed and sworn to by the executor.
7. For a witness to be qualified, he/she must comply with the ff:
a. Must be of sound mind;
b. Must at least be 18 years of age;
c. Must not be blind, deaf or dumb;
d. Must be able to read and write;
e. Must be domiciled in the Philippines;
f. Must not have been convicted of falsification of a document, perjury or false testimony.
8. It is at the time of the attestation of the will that the competency of the witnesses is to be
determined.
a. The instrumental witnesses must be competent and their testimonies must be credible
before the court allows the probate of the will they have attested.

Holographic Will
1. Must be dated:
a. The date should include the day, month, and year of its execution.
i. Roxas vs. De Jesus – however, when there is no appearance of fraud, bad faith,
undue influence and pressure and the authenticity of the will is established and

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the only issue is whether or not the date “FEB/.61” appearing on the holographic
will is a valid compliance with Article 810.
2. must be signed by the hand of testator himself:
a. it is the name written by the testator in his usual, customary and habitual manner.
b. Thumbprint appears to be not allowed.
c. The signature must be at the end of the will.
3. Probate of holographic wills:
a. Codoy vs. Calugay – the requirement of at least 3 witnesses in case the will is contested
is mandatory.
4. In case of insertion, cancellation, erasure or alteration in a holographic will, the testator must
authenticate the same by his full signature.
5. A holographic will need not be witnessed.

11. Codicils and incorporation by reference

a. Codicil – subsequent instrument which explains the original will, or alters or adds to it.
i. If the later instrument makes dispositions independent of those in the original will,
without explaining or modifying such original will, then it is a new will, not a codicil.
ii. In order that the codicil may be effective, it shall be executed as in the case of the
will.
iii. The codicil may either be in the form of a holographic will or attested will.
b. The rule on incorporation by reference applies only to attested wills.
12. Revocation of wills
a. A will may be revoked by the testator at any time before his death.
i. A will is essentially ambulatory.
b. Laws governing validity of wills:
i. If done outside the Philippines:
1. By a person not domiciled in the Philippines:
a. Law of the place where the will was made; or
b. Law of the place in which the testator had domicile at the time of
revocation.
2. Domiciled in the Philippines – Philippine laws
ii. If done in the Philippines – Philippine laws
c. Express revocation
i. Doctrine of dependent relative revocation – a subsequent will, containing a clause
revoking a previous will, having been disallowed, for the reason that it was not
executed in conformity with the provisions of the law as to the making of wills,
cannot produce the effect of annulling the previous will, inasmuch as said revocatory
clause is void.
1. EXC:
a. Incapacity of heirs; or
b. Renunciation or repudiation.
ii. Revocation of a will based on a false cause or illegal cause is null and void.
1. For this rule to apply, it is necessary that the fact or cause, with regard to
which the mistake was made, must appear upon the face of the instrument.
d. Implied revocation
i. When the provisions of a subsequent will or codicil are partially or absolutely
inconsistent with those of the previous will.
e. Revocation by physical destruction
i. The physical act of destruction of a will does not per se constitute an effective
revocation, unless the destruction is coupled with animus revocandi on the part of
the testator.
ii. In case of unauthorized destruction, there is no revocation, and parol evidence is
competent to prove the contents or provisions of the will.
13. Republication and revocation of wills
a. If the previous will is void as to form, it can only be republished by reproducing the
provisions thereof in a subsequent will.
b. If a previous will was revoked expressly by a second will, the revocation of the second will
does not revive the first will.
c. Where the second will impliedly revokes the first will, the first will is automatically revived
by the revocation of the second will.
14. Allowance and disallowance of wills
a. Probate – it is the proceeding to establish the validity of the will.

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b. A petition for probate is not subject to the statute of limitations nor may it be prevented by
the application of the principle of estoppel.
c. Probate proceedings deals generally with the extrinsic validity of the will sought to be
probated, particularly on the following aspects:
i. Whether the will submitted is indeed, the decedent’s last will and testament;
ii. Compliance with the prescribed formalities for the execution of wills;
iii. The testamentary capacity of the testator; and
iv. The due execution of the last will and testament.
d. The intrinsic validity is not considered since the consideration thereof usually comes only
after the will has been proved and allowed.
e. EXC:
i. When the defect of the will is apparent on its face and the probate of the will may
become useless ceremony if it is intrinsically valid.
ii. When the provisions are unusual and of dubious legality.
iii. Where practical considerations demand that the intrinsic validity of the will be
passed upon. (example: when the issue of preterition of compulsory heirs in the direct
line is raised)
iv. When the instrument presented for probate is denominated as a donation mortis
causa.
v. Where the parties agree that the intrinsic validity be first determined.
f. Nemo praesemitur donare – No intestate distribution of the estate can be done until and
unless the will had failed to pass both its extrinsic and intrinsic validity.
i. If the will is extrinsically void, the rules of intestacy applies.
ii. If it is extrinsically valid, the next test it to determine its intrinsic validity.
g. A foreign will can be given legal effects in our jurisdiction.
i. The will of an alien who is abroad produces effect in the Philippines if made in
accordance with the formalities prescribed by the law of the place where he resides,
or according to the formalities observed in his country.
15. Institution of heirs
a. A will shall be valid even though it should not contain an institution of heir or even if the
institution does not comprise the entire estate.
b. A will shall still be valid even though the person so situated should not accept the
inheritance or should be incapacitated to succeed.
c. If the testator institutes his brothers and sisters, and he has some of full blood and others of
half-blood, the inheritance shall be distributed equally, unless a different intention appears.
i. The rule is different in intestate succession.
d. The statement of false cause for the institution of an heir shall be considered as not written.
i. EXC: unless it appears from the will that the testator would not have made such
institution if he had known the falsity of such cause.
e. Preterition – complete and total omission of a compulsory heir from the testator’s
inheritance without the heir’s express disinheritance.
i. The heir omitted must be a compulsory heir in the direct line, whether ascending or
descending.
1. Even if the surviving spouse is a compulsory heir, there is no preterition
even if he/she is omitted from the inheritance, for he/she is not in the direct
line.
ii. Preterition is the complete and total omission of a compulsory heir from the
testator’s inheritance.
iii. The omitted heir must survive the testator.
iv. If by mistake or inadvertence, there is true preterition and total intestacy results. If
the omission is intentional, the effect would be a defective disinheritance in which
case the institution of heir is not wholly void but only insofar as it prejudices the
legitime of the person disinherited.
f. Whether the heir be a voluntary, legal or compulsory heir, his death before the testator
(predecease), or his incapacity to succeed, or his repudiation of the inheritance, prevents him
from acquiring any rights. Hence, he transmits nothing to his heirs.
g. In testamentary succession, representation is allowed, with respect to the legitime, in case of
a compulsory heir in the descending line when such heir dies before the testator or is
incapacitated to succeed or validly disinherited. But heirs who repudiate their share may not
be represented. A voluntary heir cannot likewise be represented.
i. The representative inherits from the one whom the person represented would have
succeeded.

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16. Substitution of heirs

a. It is the appointment of another heir so that he may enter into the inheritance in default of
the heir originally instituted.
b. Accretion, on the other hand, is a right by virtue of which, when two or more persons are
called to the same inheritance, devise or legacy, the part assigned to the one who renounces
or cannot receive his share, or who died before the testator, is added or incorporated to that
of his co-heirs, co-devisees, or co-legatees.
c. Kinds:
i. Simple or common (vulgar) – the second heir takes the inheritance in default of the
first heir by reason of incapacity, predecease or renunciation.
1. Brief – two or more persons are designated by the testator to substitute for
only one heir
2. Compendious – there is only one heir designated to substitute for two or
more heirs
3. Reciprocal – two or more persons are reciprocally substitutes for each other
ii. Fideicommissary substitution – the first heir (fiduciary) is strictly mandated to
preserve the property and to transmit the same later to the second heir
(fideicommissary)
1. The substitution must not go beyond one degree from the heir originally
instituted.
a. Fideicommissary can only be either a parent or a child of the first
heir.
2. The fideicommissary does not succeed the fiduciary for he acquires his right
directly from the testator upon the latter’s death.
3. When there is a fideicommissary substitution, the testator can validly
prohibit the alienation of the property during the lifetime of the fiduciary
even if he lives for more than 20 years after the death of the testator.
17. Conditional testamentary dispositions and testamentary dispositions with a term
a. The testator is free to impose any condition, mode or term on testamentary dispositions,
whether the same is an institution of heir, or a devise or a legacy. But this rule applies only
to the estate of which the testator can validlty dispose of.
i. EXC: the testator can validly impose on the legitime – he can forbid the partition of
the inheritance, including the legitime, for not more than 20 years.
b. Conditional testamentary dispositions
i. Kinds of conditions:
1. Suspensive or resolutory
a. In dispositions subject to a suspensive condition, the instituted heir,
devisee or legatee does not acquire any successional right upon the
death of the testator so long as the condition is not yet fulfilled.
Hence, upon the death of the instituted heir, devisee or legatee prior
to the fulfillment of the condition, no right is transmitted to his
heirs.
2. Potestative, casual or mixed
a. If the potestative condition consists in doing or not doing or not
giving something, the instituted heir, devisee or legatee is entitled to
the immediate delivery of the property after the testator’s death but
upon giving of a security or bond, known as caucion muciana.
3. Possible or impossible
ii. Disposition captatoria – one which imposes as condition that the heir shall make
some provision in his will in favor of the testator or of any other person.
1. Such disposition is void, but the validity of the other provisions shall not be
affected.
c. Testamentary dispositions with a term
i. Suspensive term
1. The successional right is immediately transmitted to the heir, devisee, or
legatee upon the death of the testator, although the demandability of such
right is suspended until the arrival of the day certain designated by the
testator. As a consequence, even if the heir, devisee or legatee should die
before the term arrives but he dies after the death of the testator, his own
heirs are entitled to succeed to his rights to the inheritance which must be
delivered to them upon the arrival of the term.
ii. Resolutory term

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Based on Civil Law Reviewer vol. 1 by Elmer T. Rabuya

1. The heir, devisee or legatee can demand immediately for the delivery of the
inheritance, devise or legacy subject to the termination of his rights upon
arrival of the term. Upon arrival of the term, the inheritance, devise or legacy
shall pass to the legal heirs of the testator.
d. Modal testamentary dispositions (institucion sub modo)
i. The testator states:
1. The object of the institution;
2. The purpose or application of the property left by the testator; or
3. The charge imposed by the testator upon the heir.
ii. A “mode” imposes an obligation upon the heir, devisee or legatee but it does not
affect the efficacy of his rights to the succession.
iii. In case of doubt, the institution should be considered as modal and not conditional.
iv. The heir, devisee or legatee can immediately claim delivery of the inheritance subject
to the giving of security or bond for the compliance of the obligation.
18. Legitime
a. It is the part of the testator’s hereditary estate which he cannot dispose of because the law
has reserved it for compulsory heirs.
b. There are only two instances where the testator may validly affect the compulsory heir’s right
to their legitime:
i. When the testator validly disinherited his compulsory heir; and
ii. When the testator prohibits partition of the hereditary estate for a period not
exceeding 20 years.
19. Compulsory heirs
a. The legitimate parents and ascendants are compulsory heirs only in the absence of legitimate
children or descendants.
b. The illegitimate parents are compulsory heirs only when the deceased does not have
children, whether legitimate or illegitimate, or descendants.
c. Primary compulsory heirs:
i. Legitimate children and descendants
1. They are always primary compulsory heirs and will exclude the legitimate
parents and ascendants.
2. Rule of proximity – the nearest in degree excludes the more remote except
in cases where representation is proper.
a. Representation is proper in cases of predecease, incapacity to
inherit, or disinheritance but not in the case of repudiation of the
inheritance.
b. If no children survive but only grandchildren, the latter shall inherit
by right of representation and not in their own right; in which case,
the representative will only get whet the person represented would
have inherited. – here, the division of the shares shall be per
stirpes.
1) On the other hand, should all the children repudiate their
inheritance, the descendants next in degree (the
grandchildren) will succeed in their own right and share
equally, or per capita, the portion of the estate pertaining to
the legitime.
ii. Adopted children
1. His legitime is the same as that granted to the legitimate child of the adopter.
2. He would exclude the legitimate parents and ascendants in compulsory
succession.
3. Under the new law, it appears that the only way by which an adopted child
may be able to inherit from his biological parents is through testamentary
succession.
4. He is not an heir of the relatives of the adopter.
5. A mere ampon who was not adopted in accordance with the law is not
entitled to inherit.
iii. Legitimated children
1. He enjoys successional rights accorded to the legitimate child.
iv. Illegitimate children
1. If the decedent is himself an illegitimate child, his illegitimate children may
become compulsory heirs if the decedent is not survived by any legitimate
children or descendants.

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 CIVIL LAW BAR NOTES
Based on Civil Law Reviewer vol. 1 by Elmer T. Rabuya

2. If the decedent is himself an illegitimate child and he is survived by

legitimate or illegitimate children or descendants, his legitimate children or
their descendants shall be his primary compulsory heirs while his
illegitimate children or their descendants shall be regarded as concurring
compulsory heirs only.
d. Secondary compulsory heirs
i. Legitimate parents and ascendants
1. Legitimate parents and ascendants are compulsory heirs only in case of
absence of legitimate children or descendants of the decedent.
2. Among the ascendants, the rule of proximity applies in determining who
shall be entitled to the legitime.
3. The right of representation does not apply in the direct ascending line.
ii. Illegitimate parents
1. The illegitimate parents of the deceased are compulsory heirs only when the
latter has no surviving legitime or illegitimate children or descendants.
2. Only the parents of illegitimate children are entitled to legitime; the other
ascendants are excluded, even when the parents have predeceased them.
3. There is no reciprocity of successional rights between the illegitimate
grandparent and the illegitimate grandchild.
iii. Adopter and biological parents
e. Concurring compulsory heirs
i. Surviving spouse
ii. Illegitimate children
20. Amount of legitime
a. In testamentary succession, the legitime of the compulsory heirs must first be satisfied
before the remaining portion of the estate can be distributed in accordance with the express
will of the testator.

COMBINATION DIVISION EXAMPLE (Estate: P1,000,000)

When surviving alone
LC alone LC – 1/2 of the estate divided equally 2LC: P250,000 each
When compulsory heirs of the same kind survive alone, without the concurrence of
other kinds of compulsory heirs, the legitime is always ½ of the hereditary estate, as a
general rule.

EXC: in the case of surviving spouse, when the marriage was solemnized in articulo
SS alone mortis and the deceased died within 3 months from the time of the marriage, the
legitime of the surviving spouse as the sole heir shall be 1/3 of the hereditary estate.

EXC to EXC: when in the foregoing situation the parties have been living as husband
and wife for more than 5 years prior to the marriage, the legitime of the surviving
spouse shall still be ½ of the hereditary estate.
LP/A alone LP: ½ of the estate LPs: P250,000 each
IC alone IC: ½ of the estate 4IC: P125,000 each
IP/A alone IPs: ½ of the estate IPs: P250,000 each
When primary concurs with concurring compulsory heirs
LC – ½ of the estate 2LC: P250,000 each
LC + SS SS: P250,000
SS – Share of 1LC
1LC – ½ of the estate 1LC: P500,000
1LC + SS SS: P250,000
SS – ¼ of the estate*
1LC – ½ of the estate
IC – each shall be entitled to ½ of the
share of the LC
1LC + IC
Note: If the free portion is not sufficient,
the IC shall divide the free portion equally
among themselves.
Ex.1
LC – ½ of the estate, in equal proportions 4LC: P125,000 each
IC – ½ of the share of 1LC each 2IC: P62,500 each
FP: P375,000
LC + IC
Note: If the free portion is not sufficient,
the IC shall divide the free portion equally Ex.2
among themselves. 2LC: P250,000 each
4LC P125,000 each

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2018 Bar Notes
 CIVIL LAW BAR NOTES
Based on Civil Law Reviewer vol. 1 by Elmer T. Rabuya

COMBINATION DIVISION EXAMPLE (Estate: P1,000,000)

FP: 0

Ex.3
2LC: P250,000 each
6IC: P125,000 each
FP: -P250,000

2LC = P500,000 / 2 = P250,000 each

P1,000,000 – P500,000 = P500,000

P500,000 / 6IC = P83,333.33 each IC

Ex.1
4LC: P125,000 each
SS: P125,000 each
2IC: P62,500 each
LC – ½ of the estate
FP: P250,000
IC – ½ of the share of 1LC each
SS – equal to the share of 1LC Ex.2
2LC: P250,000 each
LC + IC + SS Note: The share of the SS shall have SS: P250,000
preference over those of the IC, whose 15IC: P125,000 each
share may suffer reduction pro rate FP: 0
because there is no preference as among
themselves. P500,000 + P250,000 = P750,000
P1,000,000 – P750,000 = P250,000

P250,000 / 15IC = P16,666.67 each IC

LC – ½ of the estate 1LC: P500,000
IC – ½ of the share of the LC SS: P250,000
SS – ¼ of the estate 4IC: P250,000 each
FP: 0
1LC + IC + SS Note: If the free portion is not sufficient to
cover the legitime of the SS and the IC, the P500,000 + P250,000 = P750,000
share of the former shall have preference P1,000,000 – P750,000 = P250,000
over those of the latter, whose share may
suffer reduction pro rate because there is P250,000 / 4IC = P62,500 each IC
no preference as among themselves.
When secondary concurs with concurring compulsory heirs
LP/A – ½ of the estate LPs: P250,000 each
IC – in equal shares, ¼ of the estate 4IC: P62,500 each
LP/A + IC
Note: The other ¼ of the estate is the DFP.
LP/A – ½ of the estate LPs: P250,000 each
SS – ¼ of the estate SS: P125,000
LP/A + SS
Note: The other ¼ of the estate is the DFP.
LP/A – ½ of the estate LPs: P250,000 each
IC – in equal shares, ¼ of the estate 2IC: P125,000 each
SS – 1/8 of the estate SS: P125,000
LP/A + IC + SS
Note: The other 1/8 of the estate is the
DFP.
IP/A concur with IP/A – excluded
children or Children or descendants – same as
descendants of any above
kind
SS – ¼ of the estate SS: P250,000
IP/A – ¼ of the estate IPs: P125,000 each
SS + IP/A
Note: The other ½ of the estate is DFP.
Concurrence among concurring compulsory heirs
SS – 1/3 of the estate SS: P333,333.33
IC – 1/3 of the estate 2IC: P166,666.67 each
SS + IC
Note: The remaining 1/3 of the estate is
DFP.

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 CIVIL LAW BAR NOTES
Based on Civil Law Reviewer vol. 1 by Elmer T. Rabuya

b. Reserva Troncal or Reserva Lineal

i. It is a special rule designed primarily to assure the return of the reservable property
to the third degree relatives belonging to the line from which property originally
came, and avoid its being dissipated into and by the relatives of the inheriting
ascendant.
ii. Requisites:
1. That the property was acquired by a descendant from an ascendant, or from
a brother or sister by gratuitous title;
2. That said descendant died without issue;
3. That the property is inherited by another descendant by operation of law;
and
4. That there are relatives within the third degree belonging to the line from
which said property came.
iii. The lineal character of the reservable property is reckoned from the
ascendant/brother/sister from whom the prepositus received the property by
gratuitous title.

iv. All the persons involved should be legitimate.

v. Persons obliged to reserve the property should be an ascendant (reservor/reservista)
of the descendant/prepositus.
vi. If there shall be no reservitario at the time of the reservistas’ death, the reserva shall
form part of his estate.
vii. During the lifetime of the reservista, the reservitario has only an inchoate, expectant
or contingent right.
viii. To be a reservitario, the following requisites must be satisfied: (1) he must be within
third degree from the prepositus; and (2) he belongs to the same line from which the
property came.
1. Where the surviving reservitarios are nephews and nieces of the prepositus,
some of the whole blood and some of half-blood, the nephews and nieces of
whole blood are each entitled to a share double that of each of the nephews
and nieces of half-blood.
2. The law does not require that the reservitarios should be living at the time of
the death of the prepositus.
21. Other rules affecting the legitime
a. Any renunciation or compromise over a future legitime is void.
b. If the heir has received something from the testator, even by way of donation inter vivos,
there is no preterition, but a case of incomplete legitime. Such donation is considered as an
advance on the legitime of the compulsory heir; and his only right is to ask for completion of
his legitime if the amount already given is not sufficient to cover such legitime.
c. The prescriptive period of an action to reduce donation on the ground that it is inofficious is
10 years from the time the right of action accrues.
d. Donations given to compulsory heirs should be charged to their legitime.
22. Disinheritance
a. GR: the testator cannot deprive his compulsory heirs of their legitime.
i. EXC: a compulsory heir may, in consequence of a valid disinheritance, be deprived of
his legitime.

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Based on Civil Law Reviewer vol. 1 by Elmer T. Rabuya

b. It is a testamentary disposition depriving any compulsory heir of his share in the legitime for
a cause authorized by law.
c. Requisites:
i. The disinheritance must be effected through a will;
ii. The legal cause1 thereof shall be specified;
Children or descendants Parents or ascendants Spouse
1. Conviction by final judgment of an attempt against the life of the testator, his or her
spouse, descendant or ascendant.
2. Accusing the testator of a crime for which the law prescribes imprisonment for 6 years
or more, if the accusation has been found groundless or false.
a. This will require a judicial declaration that the accusation is groundless or
false.
3. When the heir causes the testator to make a will or to change one already made by
fraud, violence, intimidation or undue influence.
4. Unjustifiable refusal to give support.
5. When a C/D has been 5. When the P have 5. When the spouse has
convicted of adultery or abandoned their given cause for legal
concubinage with the children, or induced separation;
spouse of the testator; their daughter to live a 6. When the spouse has
6. Maltreatment of the corrupt or immoral life, given grounds for the
testator by word or deed, or attempted against loss of parental
by the C/D; their virtue. authority.
7. When a C/D leads a 6. When the P/A has been
dishonorable or convicted of adultery or
disgraceful life; and concubinage with the
8. Conviction of a crime spouse of the testator;
which carries with it the 7. The loss of parental
penalty of civil authority;
interdiction. 8. An attempt by one of the
P against the life of the
other, unless there has
been a reconciliation
between them.
iii.
Which cause must be one of those authorized by law;
iv.And the truth of which must be proven, if contradicted;
v.The heir disinherited must be designated in such manner that there can be no doubt
as to his identity; and
vi. The disinheritance must be unconditional and total.
d. Effect of ineffective/invalid disinheritance – annulment of the institution of heirs insofar as it
may prejudice the legitime of the person disinherited but the devises and legacies and other
testamentary dispositions shall be valid to such extent as will not impair said legitime.
e. The causes of disinheritance are personal to the disinherited heir.
i. The law allows the children and descendants of the disinherited heir to represent
him with respect to his legitime.
ii. But the disinherited parent shall not have the usufruct or administration of the
property which constitutes the legitime.
23. Legacies and devises
a. GR: legacies and devises are a charge upon or a burden upon the estate itself and are to be
paid by the executor or administrator.
i. EXC: unless the testator expressly burdens the particular heir, legatee or devisee
with their payment.
b. Devises are gifts of real property given by virtue of a will; while legacies are gifts of personal
property given by will.
c. If the estate is not sufficient to cover all legacies or devises, their payment shall be made in
the following order:
i. Remuneratory legacies or devices;
ii. Those declared by the testator to be preferential;
iii. Legacies for support;
iv. Legacies for education;
v. Legacies or devises of a specific, determinate thing which forms part of the estate;
vi. All others pro rata.

1 Check Atty. Batungbakal’s powerpoint.

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Civil Law – Succession
2018 Bar Notes
 CIVIL LAW BAR NOTES
Based on Civil Law Reviewer vol. 1 by Elmer T. Rabuya

Legal or Intestate Succession

1. When legal succession takes place:
a. If a person dies (i) without a will, or (ii) with a void will, or (iii) one which has subsequently
lost its validity. – legal succession shall take place with respect to the entire inheritance
b. When the will does not institute an heir or when the will does not dispose of all the property
belonging to the testator. – legal succession shall take place only with respect to the property of
which the testator has not disposed
c. When the suspensive condition attached to the institution of heir does not happen or is not
fulfilled.
d. When a voluntary heir repudiates the inheritance and there being no substitution and no
right of accretion takes place.
e. When a compulsory heir repudiates the inheritance. – legal succession takes place with
respect to his legitime
f. When a voluntary heir dies before the testator or when he is incapable of succeeding and
there being no substitution and no right of accretion or representation takes place.
g. When a compulsory heir is incapable of succeeding. – legal succession takes place with
respect to his legitime when representation does not take place
h. When there is preterition in the testator’s will of a compulsory heir in the direct line.
i. When the resolutory condition attached to the institution of heir happens and there being no
substitution and no right of accretion takes place.
j. When the resolutory term attached to the institution of heir arrives and there being no
substitution and no right of accretion takes place.
k. When a testamentary disposition is impossible of compliance or is ineffective.
2. In general, and with some qualification, the legal heirs are the legitimate and illegitimate relatives of
the deceased, the surviving spouse and the State.
3. Intestacy should be avoided and the wishes of the testator shall prevail.
4. Basic rules of intestate succession:
a. Rule of preference between lines, concurrence and exclusion – those in the direct
descending line shall exclude in the succession those in the direct ascending or collateral
lines, and those in the direct ascending line shall, in turn, exclude those in the collateral line.
i. The surviving spouse is not excluded by the descendants, ascendants and illegitimate
children. But the surviving spouse excludes the other collateral relatives of the
deceased, except the brothers, sisters, nephews and nieces of the deceased.
ii. A decedent’s uncles and aunts may not succeed ab intestate so long as nephews and
nieces of the decedent survive and are willing and qualified to succeed.
b. Rule of proximity and rule of equal division
i. The relative nearest in degree excludes the more distant ones, except when the right
of representation properly takes place.
ii. Rule of equal division – relatives in the same degree shall inherit in equal shares.
1. EXC:
a. If brothers and sisters of the full blood survive together with brothers
and sisters of the half blood, the former inherits to a share double
that of the latter.
b. Should there be ascendants in both lines, ½ of the inheritance shall
go to the parental and the other half to the maternal and, in each
line, the division shall be made per capita.
c. Whenever there is succession by representation, the division shall be
made per stirpes.
c. In case of incapacity, the share which is rendered vacant shall pass to the co-heirs if the
right of representation does not obtain.
d. In case of repudiation, where there is no right of representation, the following rules obtain:
i. If not all the heirs within the same degree repudiate, but only some of them, the
shares of those who did not accept shall accrue to the co-heirs within the same
degree. – this is a case of accretion.
ii. If all the heirs within the same degree repudiate their inheritance, those of the next
degree shall inherit in their own right.
e. Among the descendants, the rule of proximity applies but subject to the right of
representation.
i. In case all the children died ahead of the decedent, or become unworthy to succeed
or validly disinherited, the grandchildren do not inherit in their own right but only by
representation. – division shall be per stirpes

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ii. In case all the children repudiated their inheritance, the grandchildren shall inherit
in their own right. – estate shall be divided per capita
f. Among the ascendants, the rule of proximity absolutely applies. There is no right of
representation here.
i. Application of principles in the collateral line:
among the collateral relatives, the rule of proximity apples. But the presence of
brothers, sister, nephew or nieces shall result in the exclusion of the other collateral
relatives.
ii. Among the decedent’s brothers, sisters, nephews and nieces, the rule of proximity
apples but subject to the right of representation by the nephews and nieces.
1. They shall inherit by representation only if they survive with their uncles and
aunts.
2. If they alone survive, or without the decedent’s brothers or sisters, they shall
inherit in equal portions.
iii. The full blood brothers, sisters, nephews, and nieces shall be entitled to a share
double that of the half blood.
5. Right of representation
a. Representation is the right created by fiction of law, by virtue of which the representative is
raised to the place and degree of the person represented, and acquires the rights which the
latter would have if he were living or if he could have inherited.
b. There is no right of representation with respect to a voluntary heir who succeeds only by
virtue of the will.
i. Since the representative inherits from the decedent and not from the person
represented, his capacity and right to succeed must be determined in relation to the
decedent and not the person represented.
c. Where representation takes place:
i. It takes place in the direct descending line, but never in the ascending line.
ii. In the collateral line, it takes place only in favor of the children of brothers or sisters,
but only in cases where the said nephews or nieces survive with their uncles or
aunts.
1. Such right cannot be exercise by grandnephews and grandchildren.
d. Heirs who repudiate their share may not be represented. However, a person may represent
him whose inheritance he has renounced.
i. Reason: the person representing does not succeed the person represented, but simply
takes his place and succeeds in the inheritance of some other relatives.
6. Order of intestate succession (to a legitimate child)
a. The order of preference shall be as follows:
i. Legitimate children and descendants
ii. Legitimate parents and ascendants
iii. Illegitimate children and descendants
iv. Surviving spouse
v. Brothers and sisters/nephews and nieces
vi. Other collateral relatives within the fifth civil degree
vii. State
b. Illegitimate children and the surviving spouse concur with the legitimate children and
descendants in intestate succession.
7. Barrier or Iron Curtain Rule – under Article 992, an illegitimate child has no right to inherit ab
intestato form the legitimate children and relatives of his father or mother; in the same manner, such
children or relatives shall not inherit from the illegitimate child.
a. The right of representation is not available to illegitimate descendants of legitimate children
in the inheritance of a legitimate grandparent or great-grandparent.
8. Order of intestate succession (to an illegitimate child)
a. The LC or their D of the decedent child are preferred over other intestate heirs, without
prejudice to the right of concurrence of IC and SS.
b. In the absence of LC and D, the IC or their D succeed to the entire estate, without prejudice
to the concurring right of the SS.
c. In the absence of C and D, whether legitimate or illegitimate, illegitimate parents.
d. In default, SS shall inherit the entire estate.
e. IBS who survive alone shall get the entire inheritance.
f. The State.

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Civil Law – Succession
2018 Bar Notes
 CIVIL LAW BAR NOTES
Based on Civil Law Reviewer vol. 1 by Elmer T. Rabuya

COMBINATION DIVISION EXAMPLE (Estate: P1,000,000)

LC alone LC – whole inheritance, divided equally 4LC: P250,000 each
LPs alone LPs – whole inheritance, divided equally LPs: P500,000 each
Ex. 1
4LGPs: P250,000 each
LA (other than
Ex.2
parents) alone 3LGP (1fs, 2ms):
fs: P500,000
ms: P250,000 each
IC alone Whole inheritance, divided equally 4IC: P250,000 each
3FB: P200,000 each
Whole inheritance, brother/sister of half-
4HB: P100,000 each
LBS alone blood inheriting ½ of share of
brother/sister of full-blood
P1,000,000 / 10 = P100,000
A is the decedent.
A has two FB siblings, D and B.
Whole inheritance, observing 2:1 A has two HB siblings, C and E.
IBS alone
proportion of FB and HB fraternity
D and B: P333,333.33 each
C and E: P166,666.67 each
Nephews and nieces Whole inheritance, per capita, but Same as no. 20 example2.
alone observing 2:1 proportion for FB and HB
SS alone Whole inheritance
IP/A alone Whole inheritance
2LC: P250,000 each
Remainder: P500,000
2IC: P125,000 each
Remainder: P250,000

P250,000 / 6 = P41,666.67
LC – ½ of the inheritance
LC + IC 2IC: P41,666.67 each
IC – ½ of the share of each LC
2LC: (P41,666.67 x 2) = P83,333.33 each

2IC: P125,000 + P41,666.67 =

P166,666.67 each
2LC: P250,000 + P83,333.33 =
P333,333.33 each
2LC = P333,333.33 each (total:
P666,666.67)
LC – SS: P333,333.33
LC + SS
SS – same share as that of each LC
(Consider as) 3LC = P1,000,000 / 3 =
P333,333.33 each
Ex.1
2LC: P250,000 each
SS: P250,000
2IC: P125,000 each

Ex.2
2LC: P250,000 each
SS: P250,000
LC –
1IC: P125,000
LC + SS + IC SS – same share as that of LC
Remainder: P125,000
IC – ½ of the share of 1LC
P125,000 / 7 = P17,857.14

1IC: P125,000 + P17,857.14 =

P142,857.14
2LC: (P250,000 + P35,714.29) x 2 =
P285,714.29 x 2 = P571,428.58
SS: P250,000 + P285,714.29
LP/A – ½ of the inheritance LPs: P250,000 each
LP/A + IC
IC – ½ of the inheritance 5IC: P100,000 each
LP/A – ½ of the inheritance LPs: P250,000 each
LP/A + SS SS: P500,000 each
SS – ½ of the inheritance

2 Nephews and nieces with uncles and aunts

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Based on Civil Law Reviewer vol. 1 by Elmer T. Rabuya

COMBINATION DIVISION EXAMPLE (Estate: P1,000,000)

Note: In case of partial intestacy, the

devises, legacies, and other testamentary
dispositions must be taken from the
intestate share of the SS without prejudice
to his/her legitime.
LP/A – ½ of the inheritance LPs: P250,000 each
SS – ¼ of the inheritance SS: P250,000 each
IC – ¼ of the inheritance 4IC: P62,500 each

LP/A + SS + IC Note: In case there are legacies, devises

and other testamentary dispositions, their
amounts must be charged against the
share of the SS, without impairing the
latter’s legitime.
IC – ½ of the inheritance
SS – ½ of the inheritance

IC + SS Note: In case of partial intestacy, the

legacies, devises and other testamentary
dispositions must be taken equally from
the intestate shares provided by Art. 998,
without impairing the legitimes.
SS – ½ of the inheritance
SS + IP/A
IP/A – ½ of the inheritance
Ex.1
C is the decedent.
C is survived by SS.
C has 2 siblings, B and D.
B has 2 children, 1 and 2.
D has 2 children, 3 and 4.
D predeceased C.

SS: P500,000
B: P250,000
1: 0
SS – ½ of the inheritance 2: 0
SS + LBSNN
LBSNN – ½ of the estate 3: P125,000
4: P125,000

Ex.2
Same as example no.1, except:
4 is dead.
B is dead.

SS: P500,000
1: P125,000
2: P125,000
3: P250,000
SS – ½ of the estate * Same as preceding example.
SS + IBSNN IBSNN – ½ of the estate, nephews and
nieces inheriting by representation
IP/A + children of IP/A – excluded
any kind Children – Rules 13, 24 and 105
A is the decedent.
C is the father of A.
B is the legitimate spouse of C.
X,Y,Z are FB siblings of A.
Observe 2:1 proportion of full and half-
C and D have IC, 1, 2 and 3. (HB siblings
LBSNN blood fraternity and nephews and nieces
of A.)
inheriting by representation
X has 3 children, X1, X2 and X3.
Z died.
Z has 1LC, Z1.
2 died.

3 LC alone
4 LC + IC
5 IC alone

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 CIVIL LAW BAR NOTES
Based on Civil Law Reviewer vol. 1 by Elmer T. Rabuya

COMBINATION DIVISION EXAMPLE (Estate: P1,000,000)

2 has 3 LC, 21, 22 and 23.

3FB: P222,222.22 each

3HB: P111,111.11 each

P1,000,000 / 9 = P111,111.11

X: P222,222.22
Y: P222,222.22
1: 111,111.11
3: 111,111.11
Z1: P222,222.22
21: P37,037.04
22: P37,037.04
23: P37,037.04
Ex.1
A is the decedent.
A has FB siblings, D,B,C and E.
All of them are dead.
D has one child, D1.
B has two children, B1 and B2.
C has no children.
E has three children, E1, E2 and E3.

Nephews and nieces U&A – excluded D1, B1, B2, E1, E2 and E3 will get
with uncles and N&N – whole estate, per capita, but P166,666,67 each.
aunts observing 2:1 proportion for FB and HB
P1,000,000 / 6 = P166,666.67 each

Ex.2
Same as in Ex.1, except:
C and E are HB.
D and B are FB.

D1, B1 and B2: P222,222.22 each

E1, E2 and E3: P111,111.11 each
IBSNN Same as no. 196
Whole estate, per capita, the nearer in
Other collaterals
degree excluding the more remote
State Whole estate

Provisions common to testate and intestate successions

1. Right of accretion
a. Accretion is a right by virtue of which, when two or more persons are called to the same
inheritance, devise or legacy, the part assigned to the one who renounces or cannot receive
his share, or who died before the testator, is added or incorporated to that of his co-heirs, co-
devisees, or co-legatees.
b. Accretion in testamentary succession:
i. Causes
1. Renunciation or repudiation of inheritance
2. Incapacity
3. Predecease
ii. Basis: presumed will of the testator
iii. Elements:
1. Two or more persons are called to the same inheritance, or to the same
portion thereof, jointly or pro indiviso; and
2. There is a vacancy in the inheritance as a result of predecease, incapacity or
repudiation.
iv. Accretion does not take place with respect to the legitime.
c. Accretion in intestate succession:
i. Repudiation will always give rise to accretion because there is no right of
representation in case of repudiation.

6 LBSNN

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Civil Law – Succession
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Based on Civil Law Reviewer vol. 1 by Elmer T. Rabuya

ii. In case of predecease and incapacity, if representation does not take place, the other
co-heirs inherit in their own right, and not by right of accretion.
2. Capacity to succeed
a. Qualifications to succeed by will or by intestacy:
i. Possession of juridical capacity;
1. EXC:
a. Article 1029, NCC
ii. Not specifically disqualified by law;
iii. The heir, devisee or legatee must be living at the moment the succession opens.
1. Qualification: Article 1025, NCC (read with Article 41, NCC)
b. While unworthiness disqualifies a compulsory heir from succeeding even to his legitime, the
disqualification is personal to him and does not prejudice his children or descendants.
i. In case of unworthiness, representation is not limited to the legitime, but extends to
whatever portion in intestate succession the person represented may have been
entitled to.
c. The action for a declaration of incapacity and for the recovery of the inheritance, devise or
legacy shall be brought within 5 years from the time the disqualified person took possession
thereof.
3. Acceptance and repudiation of the inheritance
a. An heir, devisee or legatee may not be compelled to accept the inheritance.
b. In order for acceptance to be valid, it is required that:
i. The person accepting or repudiation the inheritance must be certain of the death of
the person from whom he is to inherit; and
ii. He must likewise be certain of hisright to the inheritance.
c. A deaf-mute who cannot read or write is considered incapacitated by law. Hence, the
inheritance shall be accepted by the guardian.
d. Parents or guardians may repudiate the inheritance left to their wards only by judicial
authorization.
e. Manner of acceptance:
i. Express – must be in writing
ii. Tacit – resulting from acts by which the intention to accept is necessarily implied, or
which would have no right to do except in the capacity of an heir
f. Manner of repudiation:
i. By way of notarial document;
ii. By way of an authentic document; or
iii. By way of a petition presented to the court having jurisdiction over the testamentary
proceedings.
g. If the heir should die without having accepted or repudiated the inheritance his right shall be
transmitted to his heirs.
h. The acceptance or repudiation of an inheritance, once made, is irrevocable and cannot be
impugned.
i. EXC:
1. When the acceptance or repudiation was made through any of the causes
which vitiate consent; and
2. When an unknown will appears.
4. Collation
a. 2 distinct concepts:
i. mathematical operation by addition of the value of donations made by the testator to
the value of the hereditary estate;
ii. the return to the hereditary estate of property disposed of by lucrative title by the
testator during his lifetime.
b. An action for reduction or revocation of an inofficious donation prescribes in 10 years
reckoned from the death of the donor-decedent.
i. Only those who at the time of the donor’s death have a right to the legitime and their
heirs and successors-in-interest may ask for the reduction/revocation of inofficious
donation.
c. The fruits and interest of the property subject to collation shall not pertain to the estate
except from the day on which the succession is opened.
5. Partition and distribution of the estate
a. Where there are two or more heirs, the whole estate of the decedent is, before its partition,
owned in common by such heirs, subject to the payment of the debts of the deceased.
b. Who may effect partition:

Molaer, Airisa Fe Esperanza D. 18

Civil Law – Succession
2018 Bar Notes
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Based on Civil Law Reviewer vol. 1 by Elmer T. Rabuya

i. The testator himself, either by will or by an act inter vivos

1. Partition of property representing future inheritance cannot be made effective
during the lifetime of its property.
ii. By a third person designated by the testator
1. What can be delegated to the mandatary is the power to make the physical
division of the estate.
2. This power shall be exercised only after the testator’s death.
iii. By the heirs themselves, by way if an extrajudicial settlement
1. Requirements:
a. The decedent left no will;
b. The decedent left no debts, or if there were debts left, all had been
paid;
c. The heirs are all of age, or if they are minors, the latter are
represented by their judicial guardian or legal representative
representatives; and
d. The partition was made by means of a public instrument or affidavit
duly filed with the ROD.
iv. By the court
1. This can be had in an ordinary action for partition under Rule 69, or in the
course of administration proceedings.
c. GR: every co-heir has the right to demand the division of the estate at any time.
i. EXC: the testator may validly prohibit the partition of the estate for a period not
exceeding 20 years and such prohibition may apply even to the legitime.
d. The heirs themselves may agree on indivision, but only for a period not exceeding 10 years,
renewable for like periods.
e. An heir may only sell his ideal or undivided share in the estate, not any specific property
therein.
i. In the even that a co-heir sells his ideal or undivided share in the estate to a stranger
before partition, any or all of the co-heirs may redeem such share from the purchaser
by reimbursing the latter for the price of the sale, provided they do so within the
period of 1 month from the time they were notified in writing of the sale by the
vendor.
f. A partition may be rescinded or annulled for the same causes as contracts.

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Based on Civil Law Reviewer vol. 2 by Elmer T. Rabuya and Reviewer on Civil Law by Timoteo B. Aquino

SALES
1. Recto Law: sale of movables on installment (Articles 1484 – 1486, NCC)
a. Levy Hermanos, Inc. vs. Gervacio - If the purchase price is payable on a straight term, in
which the balance, after payment if the initial sum, should be paid in its totality at the time
specified in the promissory note, the transaction is not a sale on installments.
b. Alternative remedies of the vendor:
i. Exact fulfillment of the obligation, should the vendee fail to pay; (specific
performance)
ii. Cancel the sale, should the vendee’s failure to pay cover 2 or more installments; or
iii. Foreclose the chattel mortgage on the thing sold, if one has been constituted, should
he vendee’s failure to pay cover 2 or more installments.
1. In case the vendor elected to foreclose the mortgage, he shall have no further
action against the purchaser to recover any unpaid balance for the price.
2. It is the actual sale of the mortgaged chattel that would bar the creditor (who
chooses to foreclose) from recovering any unpaid balance.
c. A stipulation that the installments or rents paid shall not be returned to the vendee or lessee
shall be valid insofar as the same may not be unconscionable under the circumstances.
i. Example: it may be stipulated that in a foreclosure of the chattel mortgage to secure
the purchase of a car on installment, the installments paid will not be refunded.
2. Maceda law: sale of immovable on installment (R.A. No. 6552)
a. This law applies to contracts of sale or real estate on installment payments, including
residential condominium apartments excluding industrial lots, commercial buildings, and
sales to tenants.
b. Who cannot invoke Maceda Law:
i. The highest bidder in the foreclosure sale – if the seller opted to foreclose the
mortgage; and
ii. The developer-seller or his successor.
c. Rights of the parties under Maceda Law (depends on the length of installment payments
that the buyer has made):
i. If buyer has paid less than 2 years installments:
1. The buyer is entitled to a grace period of 60 days from the date the
installment became due.
2. If the buyer fails to pay the installments due at the expiration of the grace
period, the seller may cancel the contract after 30 days from receipt by the
buyer of the notice of cancellation or the demand for rescission of the
contract by notarial act.
ii. If buyer has paid at least 2 years installments:
1. The buyer is entitled to a grace period equivalent to 1 month for every year of
installment payments.
a. But this right may be exercised by the buyer only once in every 5
years of the life of the contract and its extensions, if any.
2. After the lapse of the grace period, the seller may cancel the contract
provided that:
a. He pays to the buyer the cash surrender value of the payments on
the property equivalent to 50% of the total payments and, after 5
years of installments, and additional 5% every year but not to exceed
90% of the total payments made; and
b. He furnishes the buyer a notice of cancellation or demand of
rescission of the contract by notarial act.
Note: The cancellation of the contract takes effect 30 days after receipt by
the buyer of such notice and upon full payment of the cash surrender
value to the buyer.
d. Requisites for valid cancellation or rescission of the contract:
i. If buyer has paid less than 2 years installments:
1. After the lapse of the grace period, the seller may cancel the contract
provided that there be a notice of cancellation or demand for rescission by a
notarial act.
a. Pagtalunan vs. Vda. de Manzano – an action for annulment of
contract, which is kindred concept of rescission by notarial act, may
suffice.
ii. If buyer has paid at least 2 years installments:

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1. The cancellation of the contact by the seller must be in accordance with

Section 3(b) of R.A. No. 6552, which requires a (i) notarial act of rescission
and (ii) the refund to the buyer of the full payment of the cash surrender
value of the payments on the property.
a. Failure to comply with the mandatory twin requirements shall
result into the contract remaining to be valid and subsisting.
e. The foregoing requirements of the Maceda Law are mandatory and any stipulation in the
contract contrary to the provisions of said law shall be null and void.

LEASE

1. Implied new lease (tacita reconduccion)

a. Created when it is shown that:
i. The term of the original contract of lease has expired;
ii. The lessor has not given the lessee a notice to vacate; and
iii. The lessee continued enjoying the thing leased for 15 days with the acquiescence of
the lessor.
b. Yuki, Jr. vs. Co – It refers to the right of the lessee to continue enjoying the material or de
facto possession of the thing leased within a period of time fixed by law. During its existence,
the lessee can prevent the lessor from evicting him from the disputed premises.
c. The MeTC has jurisdiction to resolve and pass upon the issue of implied new lease in
unlawful detainer case.
d. If the lessee continues enjoying the thing after the expiration of the contract when there is no
implied new lease because the lessor objected to the continued enjoyment by the lessee, the
latter shall be subject to the responsibilities of a possessor in bad faith.
e. The obligations contracted by a third person for the security of the principal contract shall
cease with respect to the new lease.
2. The object of lease of service is the work performed by the lessor while in a contract for piece of
work, the object is the end result.

PARTNERSHIP

1. Partnership is a contract whereby two or more persons bind themselves to contribute money,
property, or industry to a common fund, with the intention of dividing the profits among themselves.
2. Fiduciary duties (LODI):
a. Duty of Loyalty – duty that a partner owes not to act adversely to the interests of the
partnership
b. Duty of Obedience – partners must adhere to the provisions of the partnership agreement
and the decisions of the parties
c. Duty of Diligence/Care – partners are obliged to use the same level of care and skill that a
reasonable person in the same position would use in the same circumstances
d. Duty to Inform – a partner owes a duty to inform his or her co-partners of all information
regarding partnership affairs

AGENCY

1. By the contract of agency, a person binds himself to render some service or to do something in
representation or on behalf of another, with the consent or authority of the latter.
2. Procuring cause rule/Doctrine of efficient procuring cause – the agent is entitled to the stipulated
compensation in the execution of the powers granted to him if the act of the agent is the procuring
cause of the transaction.
a. Thus, in agency to sell, the agent is entitled to a commission if he is the procuring cause of
the sale. This means that the sale must be concluded through the measures that the agent
employed and the efforts he exerted.
b. Prats vs. CA – for the purpose of equity, an agent who is not the efficient procuring cause is
nonetheless entitled to his commission, where said agent, notwithstanding the expiration of
his authority, nonetheless, took diligent steps to bring back together the parties, such that a
sale was finalized and consummated between them.
3. General duties of the agent:

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a. Duty of obedience – the agent must respect the limitations imposed by law and the
agreement between the parties. The agent must act within his authority and must follow the
instructions of the principal.
b. Duty of diligence – the agent must exercise due diligence in the performance of its functions.
The same duty to exercise due diligence must be performed in the absence of instructions
from the principal.
c. Duty of loyalty – the relationship between the agent and his or her principal is fiduciary in
nature. It is based on trust and confidence.
4. An agency cannot be revoked:
a. If a bilateral contract depends upon it;
b. If it is the means of fulfilling an obligation already contracted;
c. If a partner is appointed manager of a partnership in the contract of partnership and his
removal from the management is unjustifiable; or
d. Agency coupled with interest.
5. Agency coupled with interest –
a. if it has been constituted:
i. In the common interest of the principal and of the agent; or
ii. In the interest of a third person who has accepted the stipulation in his favor.
b. The mere fact that the agency is for compensation does not mean that the agency is coupled
with interest.

TRUST

1. A trust is the legal relationship between one person having an equitable ownership of property and
another person owning the legal title to such property, the equitable ownership of the former entitling
him to the performance of certain duties and the exercise of certain powers by the latter.
2. Unique characteristic: separation of the legal title and equitable ownership of the property.
3. Legal title is vested in the fiduciary while equitable ownership is vested in a cestui que trust.
4. Kinds of trust:
a. Express trust – created by intention of the trustor or of the parties
i. Created by direct and positive acts of the parties, by some writing or deed, or will, or
by words either expressly or impliedly evincing an intention to create trust.
ii. It is sufficient that the trust is clearly intended.
iii. Elements:
1. A trustor or settlor who executes the instrument creating the trust;
2. A trustee, who is the person expressly designated to carry out the trust;
3. The trust res, consisting of duly identified and definite real properties; and
4. The cestui que trust, or beneficiaries whose identity must be clear.
iv. Acceptance by the beneficiary is necessary. If the trust imposes no onerous condition
upon the beneficiary, his acceptance shall be presumed.
v. No trust shall fail because the trustee appointed declines the designation, unless the
contrary should appear in the instrument constituting the trust.
vi. The existence of express trusts concerning real property may not be established by
parole evidence. It must be proven by some writing or deed.
1. Doctrine of partial performance – the objection to the oral character of
trust may be overcome or removed where there has been partial performance
of the terms of the trust as to raise an equity in the promisee.
a. When a verbal contract has been completed, executed or partially
consummated, its enforceability will not be barred by the Statute of
Frauds, which applies only to an executory agreement.
vii. GR: a trustee cannot acquire by prescription the ownership of property entrusted to
him, etc.1
1. EXC: acquisitive prescription may bar the action of the beneficiary against
the trustee in an express trust for the recovery of the property held in trust
where:
a. The trustee has performed unequivocal acts of repudiation
amounting to an ouster of the cestui que trust;
b. such positive acts of repudiation have been made known to the cestui
que trust; and

1 Pilapil vs. Heirs of Maximo R. Briones

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c. the evidence thereon is clear and conclusive.

b. Implied trust – “trusts by operation of law,” “indirect trusts” and “involuntary trusts”
i. Arise by legal implication based on the presumed intention of the parties or on
equitable principles independent of the particular intention of the parties.
ii. Kinds:
1. Constructive – by operation of law
a. “fraud-rectifying trust”
b. It is construed against one who by actual or constructive fraud,
duress, abuse of confidence, commission of a wrong or any form of
unconscionable conduct, artifice, concealment of questionable
means, or who in any way against equity and good conscience has
obtained or holds the legal right to property which he ought not, in
equity and good conscience, hold and enjoy.
c. Prescription may supervene even if the trustee does not repudiate
the relationship.
i. It does not emanate from, or generate a fiduciary relation.
ii. The relation of trustee and cestui que trust does not in fact
exist, and the holding of a constructive trust is for the
trustee himself, and therefore, at all times adverse.
d. An action for reconveyance based on implied or constructive trust
prescribes in 10 years.
i. It is reckoned from the date of issuance of the transfer
certificate of title which operates as constructive notice to
the whole world.
e. Examples: Articles 1450, 1454, 1455, 1456 of the NCC.
2. Resulting – arise from the nature or circumstances of the consideration
involved in a transaction whereby one person becomes invested with legal
title but is obligated in equity to hold his title for the benefit of another.
a. There is an intention to create a trust although not in fact created by
agreement.
b. “intention-enforcing trusts”
c. It is based on the equitable doctrine that valuable consideration and
not legal title is determinative of equitable title or interest and is
always presumed to have been contemplated by the parties.
d. A trustee cannot acquire by prescription a property entrusted to him,
unless he repudiates the trust.
i. Once the resulting trust is repudiated, it is converted into a
constructive trust and is subject to prescription.
e. Examples: Articles 1448, 1449, 1452 and 1453.
3. Whether the trust is resulting or constructive, its enforcement may be barred
by laches.
4. Trust pursuit rule – where certain property entrusted to an agent and
impressed by law with a trust in favor of the principal is wrongfully diverted,
such trust follows the property in the hands of a third person and the
principal is ordinarily entitled to pursue and recover it so long as the
property can be traced and identified, and no superior equities have
intervened.
a. The wrongful conversion gives rise to a constructive trust which
pursues the property, its product or proceeds, and permits the
beneficiary to recover the property or obtain damages for the
wrongful conversion of the property.
5. A trust terminates upon the death of the trustee, particularly where the trust is personal to him.
6. Where one does not have a rightful claim to the property, the Torrens system of registration can
confirm or record nothing.
a. A trustee who obtains a Torrens title over a property held in trust for him by another cannot
repudiate the trust by relying on the registration.

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CREDIT TRANSACTIONS
Pledge or mortgage
1. The debtor himself or a third person (who are not parties to the principal obligation) may mortgage or
pledge to secure the obligation of the debtor. It is not required that the third person benefited from
the principal contract. This rule also applies to antichresis.
2. Common features:
a. Real security – when the principal obligation becomes due, the things in which the pledge or
mortgage consists may be alienated for the payment of the creditor.
b. Consideration – the consideration for the principal obligation is the consideration for the
mortgage.
c. Indivisible – when several things are given to secure the same debt in its entirety, all of them
are liable for the debt and the creditor does not have to divide his action by distributing the
debt among the various things mortgaged. Even if only part of the debt remains unpaid, all
the things are liable for such balance.
d. Obligation secured – pledge or mortgage may secure obligations or contracts that are valid,
voidable, unenforceable, natural, pure, and conditional.
3. Pactum commissorium – it is an agreement whereby the creditor automatically becomes the owner
of the things given by way of pledge or mortgage, or dispose of them in case of non-payment.
a. It enables the mortgagee or pledgee ownership of the pledged or mortgaged property without
the need of any foreclosure proceedings or public auction.
b. It is null and void.
c. A promise to transfer a property in favor of the creditor in case of non-payment is not pactum
commissorium because there is no automatic transfer. (this is a case of dacion en pago)

Chattel mortgage
1. Act No. 1508, Sec. 14

Real estate mortgage

1. Section 47 of R.A. No. 8791 (General Banking Act of 2000) – period of redemption
a. If the mortgagee-creditor is a banking institution:
i. And mortgagor is a natural person – the redemption period is 1 year.
1. Reckoned from the date of the registration of the Certificate of Sale in the
Office of the ROD concerned and not from the date of public auction.
ii. And mortgagor is a juridical person – it can exercise the right to redeem the
foreclosed property until, but not after, the registration of the certificate of foreclosure
sale within 3 months after foreclosure, whichever is earlier.
b. If the mortgagee-creditor is other than a banking institution (Act No. 3135) – redemption
period is 1 year, whether the mortgagor is a natural or juridical person.
i. Reckoned from the date of the registration of the Certificate of Sale and not from the
date of public auction.

PRINCIPAL
LOAN DEPOSIT
COMMODATUM SIMPLE LOAN OR MUTUUM VOLUNTARY DEPOSIT
One of the parties delivers to another One of the parties delivers to There is deposit when one person
something not consumable so that the another money or other delivers and the other person receives
latter may use the same for a certain consumable thing, upon the thing belonging to another, with the
time. condition that the same amount obligation of safely keeping it and of
of the same kind and quality returning the same.
shall be paid.
Use (but not its fruits) Consumption Safekeeping
Real contract Real contact Real contract
No form required No form required No form required
EXC: as to interest
Movable and immovable things may be Movables 1. Extrajudicial deposit – movables
borrowed 2. Judicial deposit – movable and
immovable
Essentially gratuitous Gratuitous or onerous Gratuitous or onerous2
Liberality Promise of the borrower to pay GR: liberality

2A deposit is generally a gratuitous contract. EXC: (i) when there is an agreement to the contrary; or (ii) depositary is
engaged in the business of storing goods.

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If onerous, profit
Object generally non-consumable Object is money or other Consumable or non-consumable
fungible things although for safekeeping only
EXC: if the purpose is not consumption
but for exhibition.
Bailor/lender retains ownership of the Bailee/borrower becomes the Depositor retains ownership of the
thing delivered owner of the thing delivered thing delivered
There is an obligation to return the No obligation to return the same Depositary must return the same
same thing thing thing
Death of the lender or the borrower Death of the lender does not 1. If gratuitous – death of depositor
extinguishes commodatum (purely extinguish the loan or the depositary extinguishes
personal) the deposit
2. If for compensation – death of
either party does not extinguish
the deposit
Generally, the bailor bears the loss of Bailee-borrower bears the loss Generally, depositor bears the loss of
the thing due to fortuitous event of the thing delivered (res perit the thing due to fortuitous event
domino)
The bailor/lender need not be the Lender must be the owner or at Depositor need not be the owner of
owner of the thing loaned least capable of transferring the thing deposited. However, the
ownership depositary cannot be the owner of the
thing deposited
Generally, the lender must wait for the Lender-bailor must wait for the Depositor can demand the return of
expiration of the period agreed upon or expiration of the period agreed the thing at any time
the accomplishment of the use for upon
which the commodatum has been
constituted.

EXC:
1. In case of urgent need; or
2. In precarium3
3. Bailor commits any of the acts of
ingratitude under Article 756
ACCESSORY
GUARANTY SURETYSHIP PLEDGE R.E.M. ANTICHRESIS C. MORTGAGE
By guaranty, a It is an It is an It is the delivery It is an It is an
person, called agreement accessory of an immovable accessory accessory
the guarantor, whereby a party contract by to secure an agreement contract by
binds himself to called the surety virtue of which obligation. whereby the virtue of which
the creditor to guarantees the personal creditor acquires personal
fulfill the performance by property Blanket the right to property is
obligation of the another party delivered to the mortgage receive fruits of recorded in the
principal debtor called the creditor as a clause or an immovable of Chattel Mortgage
in case the latter principal or security for an dragnet clause his debtor, with Register as
should fail to do obligor of an obligation with – one that is the obligation to security for the
so. obligation or the agreement specifically apply to the performance of
undertaking in that it can be phrased to payment of the an obligation.
Note: Since the favor of a third sold at public subsume all interest, if
liability of the party called the auction in case debts of past or owing, and
guarantor is obligee. of non-payment future origin. It thereafter to the
subsidiary, to answer for is a continuing principal of his
benefit of Note: Since the the unpaid security. A credit.
excussion or liability of the obligation or the mortgage with a
exhaustion is surety is creditor to dragnet clause Ownership is not
available (subject solidary, he is return the same makes available transferred.
to exceptions). not entitled to in case the future loans
the benefit of principal without need of
Guaranty excussion. obligation is executing
insures the paid. another set of
solvency of the Surety insures security
debtor. the debt. documents.
Personal or Immovable Property Covers personal
movable properties or involved is or movable
properties (must real right over immovable properties
such immovable

3 The bailor may demand the thing at will and the contractual relation is called precarium, the following cases: (i) if
neither the duration of the contract nor the use to which the thing loaned should be devoted, has been stipulated; or
(ii) if the use of the thing is merely tolerated by the owner.

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Civil Law – Sales, Lease, Partnership, Agency, Trust, Credit Transactions, Torts and Damages
2018 Bar Notes
 CIVIL LAW BAR NOTES
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be susceptible
of possession)
Personal Security Agreement Real Security Agreement – property is given by way of collateral
Must be in Must be in To take effect A REM must be The amount of No form required
writing writing against third registered with the principal but must be in
otherwise, otherwise, persons, the the ROD where and interest writing to bind
unenforceable unenforceable description of the property is must be in third persons
(covered by (covered by the thing located in order writing in order (registration in
Statute of Statute of pledged and the to affect third to be valid the CMR +
Frauds) Frauds) date of the persons affidavit of good
pledge must faith)
appear in a
public
instrument
Guaranty is The obligation of The pledge is
extinguished if: the guarantor extinguished if:
1. The and surety is 1. The thing
principal extinguished at pledged is
obligation is the same time as returned by
extinguished that of the the pledgee
for the same principal and for to the
causes as all some causes as pledgor or
other all other owner and
obligations; obligations. any
or stipulation
2. If guaranty Suretyship is to the
is extinguished if contrary is
extinguished there is material void; or
in cases alteration of the 2. A
under principal statement
Articles obligation. in writing
2077-2080, by the
NCC pledgee
that he
renounces
or
abandons
the pledge.

Quasi-contracts
1. It is the juridical relation that arises through certain lawful, voluntary, and unilateral acts to the end
that no one shall be unjustly enriched or benefited at the expense of another.
2. Kinds:
a. Nominate
i. Negotiorum gestio
1. It is a juridical relation when one – called the officious manager – voluntary
takes charge of the agency or management of the business or property of
another, without any power from the latter, is obliged to continue the same
until the termination of the affair and its incidents, or to require the person
concerned to substitute him, if the owners is in a position to do so.
2. Extinguished:
a. When the owner repudiates it or puts an end thereto;
b. When the officious manager withdraws from the management; or
c. By the death, civil interdiction, insanity or insolvency of the owner or
the officious manager.
ii. Solution indebiti
1. If something is received when there is no right to demand it, and it was
unduly delivered through mistake, the obligation to return it arises.
b. Innominate
i. Examples:
1. Support by stranger
2. Funeral expenses
3. Support to orphans and the like
4. Medical expenses
5. Property saved during calamity
6. Non-compliance with health or safety regulation
7. Loss prevention measures

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Civil Law – Sales, Lease, Partnership, Agency, Trust, Credit Transactions, Torts and Damages
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8. Payment of taxes

Concurrence and preference of credits

1. The provisions on concurrence and preference of credit under the Civil Code applies only if there is an
insolvency or liquidation proceeding involving an insolvent debtor.
2. Section 133 of R.A. No. 10142 (Financial Rehabilitation and Insolvency Act [FRIA] of 2010)
a. The assets of the insolvent debtor shall be divided among the creditors in accordance with
Liquidation Plan submitted by the Liquidator and approved by the Court. The rule son
concurrence and preference of credits under the NCC and other relevant laws shall be
observed in the Liquidation Plan.
3. Duties, taxes and fees due to the Government enjoy priority only in reference to specific personal or
real properties under Arts. 2241 and 2242 of the NCC. With respect to the free properties under Art.
2244, duties, taxes and fees payable to the Government are only 9 th.

LAND TITLES & DEEDS

(Read Riguera handouts and Delos Angeles PPT)

TORTS & DAMAGES

Torts
1. It is an act or omission producing an injury to another, without need of any previous existing lawful
relation of which the said act or omission may be said to be a natural outgrowth or incident.
2. It is a breach of legal duty; it essentially consists in the violation of a right given or omission of
statutory duty imposed by law.
3. Kinds:
a. Intentional – include conduct where the actor desires to cause the consequences of his act
or believe the consequences are substantially certain to result from it.
b. Negligent – involves voluntary acts or omissions that result in injury to others, without
intending to cause the same where the actor fails to exercise due care in performing such
acts or omissions.
c. Strict liability – a person is made liable independent of fault or negligence upon submission
of proof of certain facts. Fault or negligence is immaterial to liability.
4. Catch-all provisions: Articles 19, 20, 21 of the NCC.
5. Quasi-delict
a. Whoever by act or omission causes damage to another, there being fault or negligence, is
obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing
contractual relation between the parties, is quasi-delict or culpa aquiliana.
b. Requisites:
i. There must be an act or omission constituting fault or negligence;
ii. Damage caused by the said act or omission; and
iii. Causal relation between the damage and the act or omission.
2. Negligence
a. Test: Did the defendant in doing the alleged negligent act use that reasonable care and caution
which an ordinarily prudent person would have used in the same situation?
b. Standard of conduct: that of a good father of the family
c. Emergency rule – an individual who suddenly finds himself in a situation of danger and is
required to act without much time to consider the best means that may be adopted to avoid
the impending danger is not guilty of negligence if he fails to undertake what subsequently
and upon reflection may appear to be a better solution, unless the emergency was brought by
his own negligence.
d. Res ipsa loquitur – where the thing which causes injury is shown to be under the
management of the defendant, and the accident is such as in the ordinary cause of things
does not happen if those who have the management use proper care, it affords reasonable
evidence, in the absence of an explanation by the defendant, that the accident arose from
want of care.
i. Requisites:
1. The accident is of a kind which ordinarily does not occur in the absence of
someone’s negligence;
2. It is caused by an instrumentality within the exclusive control of the
defendant or defendants; and

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Civil Law – Sales, Lease, Partnership, Agency, Trust, Credit Transactions, Torts and Damages
2018 Bar Notes
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3. The possibility of contributing conduct which would make the plaintiff

responsible is eliminated.
e. Captain of the ship doctrine – the surgeon is likened to a ship captain who must not only
be responsible for the safety of the crew but also of the passengers of the vessel.
i. the hospital is not necessarily excused from liability by invoking this doctrine.
f. Doctrine of corporate responsibility – regardless of its relationship with the doctor, the
hospital may be held directly liable to the patient for its own negligence or failure to follow
established standard of conduct which it should conform as a corporation.
g. Doctrine of assumption of risk – volenti non fit injuria
i. Elements:
1. The plaintiff must know that the risk is present;
2. He must further understand its nature; and
3. His choice despite the risk is free and voluntary.
h. Proximate cause – it is that cause which, in natural and continuous sequence, unbroken by
any efficient intervening cause, produces the injury, and without which the result would not
have occurred.
i. Egg Skull or Thin-Skull Rule – the tortfeasor is required to take the victim (plaintiff) as he
finds him.
j. Doctrine of last clear chance – even if the plaintiff was guilty of antecedent negligence, the
defendant is still liable because he had the last clear chance of avoiding injury.
i. The person who has the last fair chance to avoid the impending harm and fails to do
so is chargeable with the consequences, without reference to the prior negligence of
the other party.
k. Vicarious liability – the obligation imposed by Art. 2176 is demandable not only for one’s
own acts or omissions, but also for those of persons whom one is responsible.
l. Presumption of negligence – when an employee causes damage due to his own negligence
while performing his own duties, there arises a presumption that his employer is negligent.
i. The presumption is rebuttable by proof of observance of the diligence of good father
of a family in the selection and supervision of the employee.
3. Strict liability
a. Possessor of animals
b. Falling objects
c. Liability of employers
i. Fellow worker rule
d. Product liability
4. Business tort
a. Interference with contract
b. Interference with prospective advantage
c. Unfair competition
d. Disparagement of products

Damages
1. It is the pecuniary compensation, recompense, or satisfaction for an injury sustained, or as otherwise
expressed, the pecuniary consequences which the law imposes for the breach of some duty or
violation of some rights.
a. Award must be monetary.
2. Damnum absque injuria – damages will not be awarded in the absence of injury.
a. Injury is the legal invasion of a legal right; damage is the loss, hurt, or harm which results
from the injury; and damages are the recompense or compensation awarded for the damage
suffered.
3. Kinds:
a. Actual or compensatory
i. Proof of pecuniary loss is necessary to successfully recover actual damages from the
defendant.
ii. Kinds:
1. Daño emergente – loss of what a person already possesses
2. Lucro cesante – loss of a benefit that the plaintiff failed to receive
b. Moral
i. This includes physical suffering, mental anguish, fright, serious anxiety, besmirched
reputation, wounded feelings, moral shock, social humiliation, and similar injury.
ii. It may be recovered if they are the proximate result of the defendant’s wrongful act or
omission.

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iii. A claim for moral damages does not survive the death of the plaintiff.
iv. Corporations and other artificial being are not entitled to recover moral damages.
1. EXC: Libel.
c. Nominal
i. Adjudicated in order that a right of the plaintiff, which has been violated or invaded
by the defendant, may be vindicated or recognized, and not for the purpose of
indemnifying the plaintiff for any loss suffered by him.
ii. Small sums fixed by the Court without regard to the extent of the harm done to the
injured party.
iii. It cannot co-exist with actual or compensatory damages.
d. Temperate or moderate
i. More than nominal but less than compensatory damages.
ii. May be recovered when the court finds that some pecuniary loss has been suffered
but its amount cannot, from the nature of the case, be provided with certainty.
e. Liquidated
i. Those agreed upon by the parties to a contract, to be paid in case of breach thereof.
The obligor is bound to pay the stipulated amount without need for proof on the
existence and on the measure of damages caused by the breach.
ii. May be reduced if iniquitous or unconscionable.
f. Exemplary or corrective
i. Imposed as a deterrent against or as a negative incentive to curb socially deleterious
actions.
ii. Imposed, by way of example or correction for the public good, in addition to the
moral, temperate, liquidated and compensatory damages.
g. Damages in case of death
i. When the death occurs due to a negligent act or a crime, the following damages may
be recovered:
1. Civil indemnity ex delicto for the death of the victim
a. P50,000
i. This amount is on top of the actual or compensatory
damages that may be availed.
b. EXC: P75,000 in murder cases and in cases where the crime was
committed under circumstances that would justify the imposition of
the death penalty.
2. Actual or compensatory damages
3. Moral damages
4. Exemplary damages
5. Attorney’s fees and expenses of litigation
a. The damage contemplated by such article is an amount that is due
to the plaintiff and not his counsel.
b. See Article 2208, NCC.
6. Interest, in proper cases
a. Eastern Shipping Lines, Inc. vs. CA
4. Doctrine of avoidable consequence (Art. 2203, NCC) – the party suffering loss or injury must
exercise the diligence of a good father of a family to minimize the damages resulting from the act or
omission in question.

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2018 Bar Notes
 PART XIII —— QUASI-DELICT, OTHER TORTS, AND DAMAGES 785
A. TORTS

Art. 2176 is demandable not only for one’s own acts

or omissions, but also for those of persons for whom
one is responsible.
2.15.01. Persons Whose Liability is Vicarious.

PERSON PERSONS FOR NATURE OF w

VICARIOUSLY WHOSE ACTS LIABILITY
LIABLE LIBILITY IS
IMPUTED

Parents (Art. 2180, Acts of their Dir'ect and 1) The child is

NCC and Arts. 221 children up to 21 an'ary not livm‘g m’
and 236 Family years old who live their' company
Code) 1n” their company

NOTE: Art. 221 2) Exercise of

of the Family d111"gence of
Code removes a good father
the alternative of a family
qualification to prevent
between father and damage.
mother.

Guardians for Minors or Direct and Exercise of

Persons under incapacitated Primary diligence of
their (Art. 2180, persons who a good father
NCC) are under their of a family
authority and live to prevent
in their company. damage.

School, A child who is (i) Direct, The activity

Administrators, a Minor, (ii) under Prin'cipally is not an
Teachers and their supervision, and Solidarily authorized
Individual, Entity instruction or Liable activity;
or Institution custody, (iii)
NOTE: The The child
Engage in Child over which they
parents, is not
Care (Art. 218, exercise special
guardians under their
Family Code) parental authority.
or persons supervision,
NOTE: The exercism‘g instruction
responsibility substitute or custody;
applies to parental
Exercise
authorized authority are
of due
activities ins'ide subsidiarily
diligence.
or outside the liable.
school.
786 REVIEWER ON CIVIL LAW

Teachers or Heads Pupils, students Direct, primary (1) The student

of Establishment or apprentices and solidary is not m' then”
of Arts and Trade so long as they custody;
(Art. 2180, NCC). remain in custody
(2) Exercise of
—- if they are no
Note: Schools and due diligence.
longer mm'ors.
Administrators are
(For minor
NOT liable.
children, apply
Arts. 218 and
219 of the Family
Code)

Employers (Art. Employees and Direct and The employee

2180) household helpers primary and is not
— in the service solidary with perfon'nm'g
NOTE: It is NOT
or, on occasion of employee his functions
necessary that
their functions or or is" actin'g
they are engaged
the scope of their beyond the
in any business or
task scope of his
industry.
function;

Exercise of
due dil'igence
1n' the
selection or
supervision

The State Special Agents Direct and The person

—one who Primary who directly
receives a fixed caused the
order, foreign to loss is not
the exercise of a special
the duties of the agent — the
official official was
performm'g
the task that
properly
pertains' to
him';
A Head of Subordinates that Direct and He did not
Department of he has authorlz'ed Primary give a written
Government or by written order order
superior public the specific act or
officer (Sec. 38, Rev. misconduct
Admin'. Code of
1987)