BAR FINGERTIPS

BASED ON THE 2023 BAR SYLLABUS

CIVIL LAW
PERSONS AND FAMILY RELATIONS

I. Persons
A. When Law Takes Effect Doctrine 1
B. Ignorance of the Law 1
C. Retroactivity of Laws 1
D. Mandatory or Prohibitory Laws 1
E. Waiver of Rights 1
F. Presumption and Applicability of Custom 1
G. Legal Periods 2
H. Territoriality Principle 2
I. Conflict of Laws 2
1. Lex Nationalii 2
2. Lex Rei Sitae 2
3. Lex Loci Celebrationis 2
4. Doctrine of Renvoi 2

J. Human Relations in Relation to Persons 2

K. Capacity to Act 2
1. Restrictions on Capacity to Act 2
2. Birth and Death of Natural Persons 2
3. Presumption of Survivorship 2

L. Surnames 2
M. Rules Governing Persons Who are Absent 3

II. Marriage
A. General Principles 3
1. Essential Requisites 3
2. Formal Requisites 3

B. Mixed Marriages and Foreign Divorce 3

C. Void Marriages (See Tan-Andal v. Andal, G.R. No. 196359,
May 11, 2021) 3
D. Voidable Marriages 3
E. Effect of Defective Marriages 4
F. Foreign Marriages 4
G. Legal Separation 4
H. Property Relations Between Spouses 4
1. Donation Propter Nuptias 4
2. Void Donation by Spouses 4
3. Absolute Community of Property Regime 4
4. Conjugal Partnership of Gains Regime 4
5. Separation of Property Regime 4
6. Property Regime of Unions without Marriage 4
7. Judicial Separation of Property 4

I. The Family 5
1. General Principles 5

J. The Family Home 5

1. General Principles 5

K. Paternity and Filiation 5

1. Concepts of Paternity, Filiation, and Legitimacy 5

2. Legitimate Children 5
a) Who are Legitimate Children 5
b) Proof of Filiation of Legitimate Children 5
c) Rights of Legitimate Children 5
d) Grounds to Impugn Legitimacy 5

3. Illegitimate Children 5
a) Who are Illegitimate Children 5
b) Proof of Filiation of Illegitimate Children 5
c) Rights of Illegitimate Children 6
d) Grounds to Impugn Filiation 6

4. Legitimated Children 6
a) Who May be Legitimated 6
b) How Legitimation Takes Place 6
c) Grounds to Impugn Legitimacy 6

5. Adopted Children 6
a) Domestic Administrative Adoption and Alternative Child
Care Act (RA 11642) 6
b) Who May Adopt 6
c) Who May be Adopted 6
d) Effects of a Decree of Adoption (See Article Nos. 189-
190 of the Family Code) 6

L. Support 6
1. What Comprises Support 6
2. Who are Obliged to Give Support 6
3. Source of Support 7
4. Order of Support 7
 M. Parental Authority 7
1. Concept of Parental Authority 7
2. Substitute Parental Authority 7
3. Special Parental Authority 7
4. Effects of Parental Authority 7

PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

I. Classification of Property
A. Immovables 7
B. Movables 7

II. Bundle of Rights

A. Ownership 7
B. Rights of Accession 8
1. General Principles 8
2. Accession Industrial 8
3. Accession Natural 8

C. Actions to Recover Ownership and Possession of Property 8

1. Accion Reivindicatoria 8
2. Accion Publiciana 8
3. Accion Interdictal 8
4. Quieting of Title 8

D. Co-ownership 8
1. Distinctions Between Right to Property Owned in Common
and Full Ownership Over the Ideal Share 8
2. Contributions for Expenses 8
3. Redemption 8
4. Partition 8

E. Possession 8
1. Possession in the Concept of a Holder 8
2. Possession in the Concept of an Owner 8
3. Relevance of Good Faith and Bad Faith 8
4. Rules for Movables 9

F. Usufruct 9
1. Rights and Obligations of Usufructuary 9
2. Classes of Usufruct 9
3. Extinguishment of the Usufruct 9

G. Easements 9
1. Characteristics 9
2. Kinds of Easements 9
3. Modes of Acquiring Easements 9
 4. Effects of Easements 10
5. Extinguishment of Easement 10

III. Different Modes of Acquiring Ownership

A. Occupation 10
B. Tradition 10

C. Donation 10
1. Features 10
2. Classifications 10
3. Distinctions Between Mortis Causa and Inter Vivos Donations 10
4. Form 10
5. Limitations 11
6. Reduction and Revocation 11

D. Prescription 11
1. Distinctions Between Acquisitive and Extinctive Prescription 11
2. Distinctions Between Extinctive Prescription and Laches 11

IV. Land Titles and Deeds

A. Torrens System 11
1. General Principles 11

B. Regalian Doctrine 11
C. Nationality Restrictions on Land Ownership 11

D. Original Registration 11
1. Who may apply 11
2. Decree of Registration 11
3. Review of Decree of Registration; Innocent Purchaser for
Value (IPV); Rights of IPV 11

E. An Act Improving the Confirmation Process for Imperfect Land

Titles (RA 11573), amending CA 141 and PD 1529 [See
Republic v. Pasig Rizal Co., Inc., G.R. No. 213207,
February 15, 2022] 12
F. Certificate of Title 12

G. Subsequent Registration 12
1. Voluntary Dealings 12
2. Involuntary Dealings 12
a) Adverse Claims 12
b) Notice of Lis Pendens 12

H. Non-Registrable Properties 12
I. Dealings with Unregistered Lands 12
 J. Assurance Fund 12
1. Nature of Assurance Fund 12
2. Conditions for Compensation from Assurance Fund 12
3. Prescriptive Period 13

K. Reconstitution of Title 13

V. Wills and Succession

A. General Provisions 13
B. Testamentary Succession 13
1. General Provisions 13
2. Characteristics of a Wil 13
3. Non-Delegability of a Testamentary Power 13
4. Applicable Law as to Form and Substance of a Will 13
5. Testamentary Capacity 13
6. Form of Notarial and Holographic Wills 13
7. Witnesses to a Notarial Will 13
8. Conflict of Rules 13

9. Modes of Revocation of Wills and Testamentary Dispositions 13

a) Effect on the Recognition of a Non-Marital Child 13
b) Theory of Dependent Relative Revocation 13
c) Revocation Based on a False Cause 14

[Link] 14
a) Compulsory Heirs 14
b) Institution of Heirs 14
(1) Limitations on the Institution of Heirs 14
(2) Collective Institution 14
(3) Proscription Against Successive Institution 14
(4) Institution Based on a False Cause 14

c) Substitution of Heirs 14
(1) Causes of Substitution 14
(2) Fideicommissary Substitution (Compared With
Testamentary Trusts) 14

[Link] 14
a) Collation in Connection With the Computation of Legitime 14
b) Table of Legitime 14
c) Impairment of the Legitime 15
d) Presumptive Legitime 15

[Link] 15
a) Requisites 15
b) Governing Law 15
 [Link] Dispositions and Dispositions 15
a) Condition Not to Marry 15
b) Disposicion Captatoria 15
c) Modal Institution 15

[Link] Testamentary Dispositions 15

[Link] 15
a) Grounds for Disinheritance 15
b) Requisites for the Various Grounds for Disinheritance 15
c) Effects of Reconciliation 15

[Link] and Devises 15

a) Requisites for Validity 15
b) Property Not Owned by the Testator 15
c) Ineffective Legacies/Devises 15

C. Intestate Succession 16
1. Relationship 16
2. Causes of Intestacy 16
3. Order of Intestate Succession 16

4. Rule of Proximity and Rule of Equality 16

a) Exceptions to the Rule of Proximity and Rule of Equality 16

5. Determination of Heirs 16
6. Successional Barrier 16
7. Successional Rights of Adopted Children 16
8. Successional Rights of Adopting Parents 16
9. Successional Rights of Marital and Non-Marital Children 16
[Link] Rights of the Surviving Spouse 16
[Link] Rights of Collateral Relatives 16

D. Provisions Common to Testate and Intestate Succession 16

1. Capacity to Succeed 16
a) Incapacity by Reason of Unworthiness and Effects of
Condonation 16
b) Incapacity by Reason of Morality 16
c) Incapacity by Reason of Possible Undue Influence 16

2. Right of Representation in Testacy and Intestacy 17

a) Requisites and Limitations 17

3. Right of Accretion in Testamentary Succession and in

Intestacy 17
a) Requisites and Limitations 17
 4. Acceptance and Repudiation of Inheritance 17
a) Form of Repudiation 17
b) Effects of Repudiation Compared to Predecease and
Incapacity 17

OBLIGATIONS AND CONTRACTS

I. Obligations
A. General Provisions 17
1. Definition 17
2. Essential Elements 17
3. Sources of Obligation 17

B. Nature and Effects of Obligations 17

1. Breaches of Obligations 17
2. Remedies for Breach of Obligation 17

C. Different Kinds of Obligations 17

D. Extinguishment of Obligations 17
1. Payment 17
a) Concept of Payment 17
b) Payment by Cession vs. Dation in Payment 17
c) Tender of Payment and Consignation 18

2. Loss of the Thing Due 18

a) Concept of Loss 18
b) Requisites 18
c) Force Majeure 18

3. Condonation 18
4. Confusion 18

5. Compensation 18
a) Requisites 18

6. Novation 18
a) Concept of Novation 18
b) Expressed and Implied Novation 18
(1) Requisites 18

c) Expromision and Delegacion Distinguished 18

(1) Consent Required 18
(2) Effect of Insolvency of New Debtor 18

d) Legal and Conventional Subrogation 18

II. Contracts
A. General Provisions 18
1. Definition of a Contract 18
2. Elements of a Contract 18
a) Essential elements 18
b) Natural Elements 19

B. Basic Principles of Contracts 19

1. Obligatory Force of a Contract 19
2. Freedom to Stipulate (Autonomy of the Will) and its Limitations 19
3. Binding Effect of a Contract 19

4. Privity of Contract 19
a) Concept 19
b) Exceptions to the Rule on Privity of Contracts 19

5. Consensuality of Contracts 19
a) Concept and Coverage 19
b) Exceptions 19
c) Reformation of Instruments 19

C. Essential Requisites of a Contract 19

1. Consent 19
2. Object 19
3. Cause or Consideration 19

D. Defective Contracts 19
1. Rescissible Contracts 19
2. Voidable Contracts 19
3. Unenforceable Contracts 19
4. Void Contracts 19

SPECIAL CONTRACTS

I. Sales
A. Definition and Essential Requisites 19

B. Contract of Sale 20
1. Contract to Sell 20
2. Option Contract 20
3. Right of First Refusal 20

C. Earnest Money 20
D. Double Sales 20
E. Risk of Loss 20
 F. Breach of Contract of Sale 20
1. Recto Law 20
2. Maceda Law 20

G. Extinguishment of the Sale 20

1. Conventional Redemption 20
2. Legal Redemption 20

H. Equitable Mortgage 20
I. Pacto de Retro Sales 20

II. Lease
A. Kinds of Lease 20
B. Rights and Obligations of Lessor 20
C. Rights and Obligations of Lessee 20

III. Agency 21

IV. Credit Transactions

A. Loans 21
1. Kinds 21
2. Interest 21

B. Deposit 21
C. Guaranty and Suretyship 21
D. Real Estate Mortgage 22
E. Antichresis 22

V. Compromise 22

VI. Quasi-contracts
A. Negotiorum Gestio 22
B. Solutio Indebiti 22

VII. Torts and Damages

A. Principles 22
1. Abuse of Rights 22
2. Unjust Enrichment 22
3. Liability Without Fault 22
4. Acts Contrary to Law 23
5. Acts Contrary to Morals 23

B. Classification of Torts 23
1. Intentional 23
2. Negligence 23
3. Strict Liability 23
C. The Tortfeasor 23
1. Joint 23
2. Direct 23

D. Quasi-Delict vs. Culpa Contractual vs. Culpa Criminal 23

1. Nature of Liability 23

E. Proximate Cause 23
1. Concept 23
2. Doctrine of Last Clear Chance 24

F. Vicarious Liability 24
G. Res Ipsa Loquitur 24
H. Damnum Absque Injuria 24
I. Defenses 24

J. Negligence 24
1. Standard of Care 24
2. Presumptions of Negligence 24

K. Damages 24
1. Kinds of Damages 24
a) Actual and Compensatory Damages 24
b) Moral Damages 24
c) Nominal Damages 24
d) Temperate or Moderate Damages 24
e) Liquidated Damages 24
f) Exemplary or Corrective Damages 24

2. When Damages May be Recovered 24

L. Damages in Case of Death 24

M. Duty of Injured Party 25
 BAR FINGERTIPS
Based on the 2023 BAR Syllabus

CIVIL LAW
PERSONS AND XPN:
1. The law makes a valid act but punishes the violator;
FAMILY RELATIONS 2. The law itself authorizes its validity;
3. The law makes the act only voidable;
WHEN LAW TAKES EFFECT DOCTRINE 4. The law declares the nullity of an act but recognizes its effects as legally
1. After 15 days following their publication in the Official Gazette or in a existing.
newspaper of a general circulation, unless otherwise provided.
2. Period provided in the statute shall prevail over the 15-day period. WAIVER OF RIGHTS
3. When there is no provision as to its effectivity, it shall take effect 15 Voluntary and intentional relinquishment or abandonment of a known legal
days following its publication. (Art. 2, NCC)
right or privilege. It has been ruled that a waiver to be valid and effective
must be couched in clear and unequivocal terms which leave no doubt as
IGNORANCE OF THE LAW to the intention of a party to give up a right or benefit which legally pertains
Ignorance of the law excuses no one from compliance therewith. (Art. 3, to him [RB Michael Press v. Galit, G.R. No. 153510 (2008)].
NCC) The waiver should be made in a positive manner [Dona Adela Export
Rationale International Inc. v. Tidcorp, G.R. No. 201931 (2015)].
When a law is passed by the Congress, duly approved by the President of Requisites of a Valid Waiver
the Philippines, properly published, and consequently becomes effective 1. Existence of a right;
pursuant to its effectivity clause or to some provision of a general law on 2. Knowledge of the existence thereof; and
the effectivity of statutes, the public is always put on a constructive notice 3. An intention to relinquish the right [Herrera v. Borromeo, G.R. No. L-
of the law’s existence and effectivity. (Consunji v. CA, Gr. No. 137873, April 41171, (1987)].
20, 2001)
GR: Rights may be waived.
Note: This applies only to mandatory or prohibitory laws. (id.)
XPNs:
1. If the waiver is contrary to law, public order, public policy, morals or
RETROACTIVITY OF LAWS good customs;
GR: Laws shall have no retroactive effect. (Art.4, NCC) 2. If the waiver prejudices a third person;
XPN: 3. If the alleged rights do not yet exist;
1. When it expressly provides for its retroactivity 4. If the right is a natural right.
2. Procedural or remedial laws (Araneta v. Doronilla, G.R. No. L-34883,
August 24, 1976) PRESUMPTION AND APPLICABILITY OF CUSTOM
3. Penal laws that are favorable to the Accused, provided that the Necessity of proving customs
accused is not a habitual delinquent (Art. 22, RPC) GR: A custom must be proved as a fact, according to the rules of evidence.
4. Tax laws when expressly declared, or is clearly the legislative intent (NCC, Art. 12)
(Cebu Portland Cement v. CIR, G.R. No. L-18649, February 27, 1965) XPN: Courts may take judicial notice of a custom if there is already a
5. Laws creating new rights (Bustamante v. Cayas, G.R. No. L-8562, decision rendered by the same court recognizing the custom.
December 17, 1955)
6. Interpretative statutes (BPI Leasing Corp. v. CA, G.R. No. 127629, Requisites before such custom could be considered a source of right
November 18, 2003) 1. Plurality of acts;
7. Curative or remedial statutes (People v. Zeta, G.R. No. L-7140, 2. Uniformity of acts;
December 22, 1965). 3. General practice by the great mass of the people of the country or
8. Emergency laws (Santos v. Alvarez, G.R. No. L-332, June 18, 1945). community;
XPN TO THE XPN: (EI) 5. Continued practice for a long period of time;
1. Ex Post Facto Laws (Art. III, Sec. 22, 1987 Philippine Constitution). 6. General conviction that the practice is the proper rule of conduct; and
2. Laws that impair the obligation of contracts, or if it would impair vested 7. Conformity with law, morals or public policy.
(Tolentino, 1987)
rights (Art. III, Sec. 10, 1987 Philippine Constitution)
Application of customs in civil cases
MANDATORY OR PROHIBITORY LAWS In civil cases, customs may be applied by the courts in cases where the
applicable law is:
Mandatory Laws Prohibitory Laws 1. Silent;
Laws the omission of which Laws that contain positive 2. Obscure; or
renders the proceeding or acts to prohibitions and are couched in 3. Insufficient.
which it relates to generally illegal negative terms, importing that the NOTE: Provided said customs are not contrary to law, public morals, etc.
or void (STA. MARIA, Persons and act shall not be done unless
Family Relations Law (2019), p. 8).
Non-applicability of customs in criminal cases
otherwise designated. (Brehm v.
Republic, G.R. No. L-18566, In criminal cases, customs cannot be applied because of the maxim nullum
September 30, 1963). crimen nulla poena sine lege (There is neither crime nor punishment,
without a law).
GR: Acts executed against the provisions of mandatory or prohibitory laws
shall be void. (Art. 5, NCC)

1
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
LEGAL PERIODS ● Breach of promise to marry is not actionable. Hermosisima v. CA, G.R.
No. L-14628 [1960]
Year 365 Days ● Exceptions: When it is not a case of mere breach of promise to marry
Month 30 Days, unless specifically named but constitutes one where damages, pursuant to Article 21 of the Civil
Day 24 Hours Code may be recovered, such as:
Night Sunset to Sunrise (1) When woman is a victim of seduction. Baksh v. CA, G.R. No.
Week a. With reference to the calendar – 7 successive days 97336 [1993]
regardless of which day it would start; or (2) When one formally sets a wedding and goes through all the
b. Without reference to the calendar – Sunday to Saturday. preparation and publicity, only to walk out of it when the
(Pineda, 2010) matrimony is about to be solemnized. Wassmer v. Velez, G.R.
No. L-20089 [1964]

TERRITORIALITY PRINCIPLE Principle of Unjust Enrichment (Accion in Rem Verso): Every person who
Penal laws and those of public security and safety shall be obligatory upon through an act or performance by another acquires or comes into
all who live or sojourn in Philippine territory, subject to the principles of possession of something at the expense of the latter without just or legal
international law and to treaty stipulations. (Art. 14, NCC) ground shall return the same to him. Art. 22, NCC

CAPACITY TO ACT
CONFLICT OF LAWS Restrictions on Capacity to Act: Minority; Insanity; Imbecility; State of
Elements of Conflict of Laws being deaf mute; Prodigality; Civil Interdiction;
1. Legal problem or case involving foreign element; and ● Modifications/Limitations on Capacity to Act: Insanity; Family
● Foreign element – a factual situation cutting across territorial lines, Relations; Imbecility; Penalty; Age; Insolvency; State of being deaf
affected by diverse laws of two or more states. mute; Trusteeship; Alienage; Prodigality; and Absence Art. 39, NCC
2. Primary function is to determine whether the law or judgments of other
state/s will govern and if so, the extent of its recognition or application Birth and Death of Natural Persons
in the forum. (Coquia, 2000) ● Civil Personality:
(1) The civil personality of a child shall commence upon the time of
Lex Nationalii his conception.
Laws relating to family rights and duties or to the status, condition, and (2) The conceived child shall be considered born for all purposes
legal capacity of persons are binding upon citizens of the Philippines, even that are favorable to it. Art. 40, NCC
though living abroad. (Art. 15, NCC) (3) For civil purposes, the fetus is considered born if it is alive at the
Lex Rei Sitae time it is completely delivered from the mother’s womb.
Real property as well as personal property is subject to the law of the (4) If the fetus had an intra-uterine life of less than seven (7) months,
country where it is situated. (Art. 16, NCC) it is not deemed born if it dies within twenty-four (24) hours after
Lex Loci Celebrationis its complete delivery from the maternal womb. Art. 41, NCC
The forms and solemnities of contracts, wills, and other public instruments Juridical Capacity Capacity to Act
shall be governed by the laws of the country in which they are executed. Fitness to be the subject of legal Power to do acts with legal effects
(Art. 17, NCC) relations Art. 37, NCC Art. 37, NCC
Doctrine of Renvoi Lost only through death Art. 42, Maybe lost through death and
Renvoi literally means “referring back.” The problem arises when there is NCC restricted by other causes Art. 39,
a doubt as to whether a reference to a foreign law is a reference to the NCC
internal law of said foreign law; or a reference to the whole of the foreign
law, including its conflict rules. (Rabuya, 2009) Inherent Merely acquired

Presumption of Survivorship
HUMAN RELATIONS IN RELATION TO PERSONS • If there is a doubt between two or more persons who are called to
The principle of abuse of rights sets certain standards which may be succeed each other, as to which of them died first, whoever alleged
observed not only in the exercise of one’s rights but also in the the death of one prior to the other shall prove the same. Art. 43, NCC
performance of one’s duties. • If there is no proof, it is presumed that they died at the same time and
(1) To act with justice; there shall be no transmission of rights. Ibid.
(2) To give everyone his due; and
(3) To observe honesty and good faith. Art. 19, NCC SURNAMES
● Elements of Abuse of Rights: ● Use of Surnames:
(1) There is a legal right or duty; (1) Use of surname of children:
(2) Which is exercised in bad faith; and (1) Legitimate and legitimated children shall principally use the
(3) For the sole intent of prejudicing or injuring another. Albenson surname of the father. Art. 364, NCC
Enterprises Corp., et al. v. CA, G.R. No. 88694 [1993] (2) An adopted child shall bear the surname of the adopter. Art.
● Acts contrary to law: Every person who willfully or negligently causes 365, NCC
damage to another shall indemnify the latter for the same. Art. 20, NCC (3) Illegitimate children shall use the surname of the mother. Art.
● Acts contra bonus mores (against good morals): 368, NCC
(1) There is an act which is legal; Note: However, illegitimate children may use the surname of their
(2) It is contrary to morals, good customs, public order, or public father if their filiation has been expressly recognized by their
policy; and father. R.A. No. 9255
(3) It is done with intent to injure. Nikko Hotel Manila v. Reyes, G.R. No. (2) Use of surname by a married woman:
154259 [2005]
(1) Her maiden first name and surname and add her husband’s
name; or

2
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
(2) Her maiden first name and her husband’s surname; or MIXED MARRIAGES AND FOREIGN DIVORCE
(3) Her husband’s full name, but prefixing a word indicating that Rules governing validity of marriage
she is his wife, such as “Mrs”. Art. 370, NCC 1. As to extrinsic validity - lex loci celebrationis
In case of annulment of marriage: 2. As to intrinsic validity- personal law (national law or law of the place
(1) If the wife is the guilty party, she shall resume her maiden name where a person is domiciled. If person is stateless, domiciliary rule
and surname; or applies)
(2) If she is the innocent spouse, she may resume the use of either Requirements of Art. 26(2)
her maiden name and surname, or her former husband’s 1. There must be a mixed marriage;
surname, EXCEPT: (1) The court decrees otherwise; or (b) She 2. Divorce must be obtained by either the alien or Filipino spouse; and
or the former husband is married again to another person. Art. 3. Divorce obtained by an alien spouse must capacitate him or her to
371, NCC remarry.
Notes: In case of identity of names and surnames, the younger person shall
use additional name or surname as will avoid confusion. Art. 374, NCC VOID MARRIAGES (SEE TAN-ANDAL V. ANDAL, G.R. NO. 196359, MAY 11,
2021)
RULES GOVERNING PERSONS WHO ARE ABSENT What are void marriages?
Summary of Presumption of Death: 1. Those contracted by any party below eighteen years of age even with
Absence under Ordinary Circumstances the consent of parents or guardians;
7 Presumed dead for all purposes EXCEPT for purpose of 2. Those solemnized by any person not legally authorized to perform
years opening succession Art. 390, NCC marriages unless such marriages were contracted with either or both
parties believing in good faith that the solemnizing officer had the legal
Presumed dead for purposes of opening succession EXCEPT
10 authority to do so;
if at the time of disappearance, the person was already 75
years 3. Those solemnized without license, except those exempts from the
years old, 5 years of absence are sufficient Art. 392, NCC
license requirement
4 Presumed dead for purposes of remarriage of the spouse
4. Those bigamous or polygamous marriages not failing under Article 41;
years present Art. 41, FC
5. Those contracted through mistake of one contracting party as to the
Absence under Extraordinary Circumstances identity of the other;
4 Presumed dead for all purposes including opening of 6. Those subsequent marriages that are void under Article 53
years succession Art. 391, NCC (subsequent remarriage with failure to comply with the requirements of
2 Presumed dead for purposes of remarriage Art. 41, FC partition and distribution of the properties of the former marriage,
years delivery of the presumptive legitime of the children and recording in the
appropriate registries). (Art. 35)
7. Marriages which are void for psychological incapacity (Art. 36)
MARRIAGE
8. Incestuous marriages (Art. 37)
9. Marriages which are void for reasons of public policy (Art. 38)
GENERAL PRINCIPLES
Essential Requisites of Marriage Psychological Incapacity
(1) Legal capacity of the contracting parties who must be a male and a Psychological incapacity must be characterized by:
female; 1. Gravity,
(2) Consent freely given in the presence of the solemnizing officer. Art. 2, 2. Juridical antecedence, and
FC 3. Incurability. (Santos v. CA, 1995)
Formal Requisites of Marriage How Tan-Andal v. Andal, G.R. No. 196359, May 11, 2021, modified
(1) Authority of the solemnizing officer; Republic v. Molina
(2) A valid marriage license EXCEPT in the cases provided for in Chapter ● Abandoned the requirement that psychological incapacity be
2, “Marriages Exempted from License Requirement” Arts. 27-34, FC; medically or clinically identified.
and ○ It is a personal condition that prevents a spouse to comply with
(3) A marriage ceremony which takes place with the appearance of the fundamental marital obligations only in relation to a specific
contracting parties before the solemnizing officer, and their personal partner that may exist at the time of the marriage but may have
declaration that they take each other as husband and wife in the revealed through behavior subsequent to the ceremonies.
presence of not less than two witnesses of legal age. Art. 3, FC ● Psychological incapacity need not be permanent or incurable
● GR: The absence of any of the essential or formal requisites shall ○ Incurable to be interpreted in the legal and not medical sense; it
render the marriage void ab initio. Art. 4, FC must be sufficiently grave and disabling that it prevents the
● XPN: Solemnized by any person not legally authorized to perform spouse from fulfilling the essential obligations of marriage.
marriages, unless such marriages were contracted with either or both ● Psychological incapacity does not need to be present at the time of
parties believing in good faith that the solemnizing officer had the legal the marriage
authority to do so. Art. 35(2), FC ○ psychological incapacity can develop after the marriage, and that
it is still a ground for declaring the nullity of the marriage if it
Marriages Exempt from the License Requirement
prevents the spouse from fulfilling the essential obligations of
(1) Marriages among Muslims or members of ethnic cultural communities
Art. 33, FC
marriage.
(2) Marriages in articulo mortis Art. 27, 31, and 32, FC
(3) Marriages in Remote places Art. 28, FC VOIDABLE MARRIAGES
(4) Marriages between parties Cohabiting for at least 5 years and without What marriages are VOIDABLE?
legal impediment to marry each other Art. 34, FC 1. Absence of parental consent where one or both parties were 18 – 21
(5) Marriages solemnized outside the Philippines where no marriage at the time of marriage;
license is required by the country where it was solemnized. 2. Either party is of Unsound mind;
3. Consent is obtained through Fraud:

3
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
a. Non-disclosure of conviction by final judgment of crime involving LEGAL SEPARATION
moral turpitude; Grounds for filing a petition for legal separation
b. Concealment of pregnancy by another man; (1) Repeated physical violence or grossly abusive conduct directed
c. Concealment of STD, regardless of nature, existing at the time of against the petitioner, a common child, or a child of the petitioner;
marriage; (2) Physical violence or moral pressure to compel the petitioner to
d. Concealment of drug addiction, habitual alcoholism, change religious or political affiliation;
homosexuality and lesbianism (Art. 46, FC). (3) Attempt of respondent to corrupt or induce the petitioner, a common
4. Vitiated consent obtained by force, intimidation or undue influence; child, or a child of the petitioner, to engage in prostitution, or
5. Physical incapability of consummating the marriage with the other connivance in such corruption or inducement;
which continues and appears to be incurable (Impotency); and (4) Final judgment sentencing the respondent to imprisonment of more
6. Sexually transmitted disease of a party found to be serious and than six years, even if pardoned;
appears to be incurable. (Art. 45, FC) (5) Drug addiction or habitual alcoholism of the respondent;
(6) Lesbianism or homosexuality of the respondent;
EFFECT OF DEFECTIVE MARRIAGES (7) Contracting by the respondent of a subsequent bigamous marriage,
Void marriages/ Annulled marriages whether in the Philippines or abroad;
1. Property - The wages and salaries shall be owned by the spouses in (8) Sexual infidelity or perversion;
equal shares and the property acquired by both of them through their (9) Attempt by the respondent against the life of the petitioner; or
work or industry shall be governed by the rules of co-ownership; (10) Abandonment of petitioner by respondent without justifiable cause for
a. In the absence of proof to the contrary, properties acquired while more than one year. Art. 55, FC
they lived together shall be presumed to have been obtained by Note: Action for legal separation shall be filed within 5 years from the time
their joint efforts, work or industry, and shall be owned by them in of the occurrence of the cause. Art. 57, FC
equal shares. (Art. 147, NCC)
2. Status of Children - Children conceived or born in a void marriage shall PROPERTY RELATIONS BETWEEN SPOUSES
be deemed illegitimate
Kinds of Property Regimes
XPN: (1) Regime of absolute community of property;
a. Those conceived or born before the judgment of annulment or; (Art. (2) Conjugal partnership of gains;
54, NCC) (3) Complete separation of property; and
b. Absolute nullity of marriage due to psychological incapacity; (Art. (4) Other regimes.
54, NCC)
c. Children conceived or born of the subsequent marriage ( Art. 53, Donation Propter Nuptias
NCC) Requisites:
(1) Made before celebration of the marriage;
3. Spousal Support - spouses may be supported from the properties of
(2) Made in consideration of the marriage;
the absolute community or the conjugal partnership (Sec. 2, A.M. No. 02-
(3) In favor of one or both future spouses Art. 82, FC; and
11-12-SC)
(4) Must comply with the formalities of donation Art. 83, FC
4. Child Support - The common children of the spouses shall be
supported from the properties of the absolute community or the Void Donation by Spouses
conjugal partnership (Sec. 3, A.M. No. 02-11-12-SC) ● GR: Every donation of gratuitous advantage, direct or indirect, between
5. Child Custody (Sec. 4, A.M. No. 02-11-12-SC) spouses during the marriage shall be void.
NOTE: Numbers 3-5 applies upon the receipt of a verified petition for the ● XPN: Moderate gifts on occasion of any family rejoicing Art. 87, FC; or
declaration of nullity of marriage or for annulment of voidable marriage, or Donations mortis causa
for legal separation, and at any time during the proceedings in court. Absolute Community of Property Regime
Consist of all the property owned by the spouse at the time of the
celebration of the marriage or acquired thereafter, unless otherwise
FOREIGN MARRIAGES provided in the Family Code or in the marriage settlements. Art. 91, FC
GR: All marriages solemnized outside the Philippines, in accordance with
the laws in force in the country where they were solemnized, and valid Conjugal Partnership of Gains Regime
there as such, shall also be valid in this country (Article 26, Family Code) The husband and wife place in a common fund the proceeds, products,
fruits, and income from their separate properties and those acquired by
XPN: Those prohibited under Articles 35 (1), (4), (5) and (6), 36, 37 and either or both spouses through their efforts or by chance, and, upon
38. dissolution of the marriage or of the partnership, the net gains or benefits
- Those contracted by any party below eighteen years of age even with obtained by either or both spouses shall be divided equally between them,
the consent of parents or guardians unless otherwise agreed in the marriage settlements. Art. 106, FC
- Those bigamous or polygamous marriages not failing under Article 41
- Those contracted through mistake of one contracting party as to the Separation of Property Regime
identity of the other Each spouse shall own, dispose of, possess, administer and enjoy his or
- Those subsequent marriages that are void under Article 53 [Failure to her own separate estate, without need of the consent of the other. Art. 144,
record in the appropriate LCR the partition and distribution of FC
properties, and delivery of the children’s presumptive legitimes Property Regime of Unions without Marriage
- Marriages void because of psychological incapacity Only the properties acquired by both of the parties through their actual joint
- Incestuous marriages contribution of money, or industry shall be owned by them in common in
- Marriages which are void by reason of public policy proportion to their respective contributions. Art. 148, FC
Judicial Separation of Property
Grounds for Judicial Separation of Property:
(1) Spouse of the petitioner has been sentenced to a penalty which carries
with it civil interdiction;
(2) Spouse of the petitioner has been judicially declared an absentee;

4
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
(3) Loss of parental authority of the spouse of petitioner has been decreed authorized or ratified such insemination in a written instrument
by the court; executed and signed by them before the birth of the child; Art. 164, FC
(4) Spouse of the petitioner has abandoned the latter or failed to comply (3) Children conceived or born before the judgment of annulment;
with his or her obligations to the family as provided for in Article 101; (4) Children conceived or born of a void marriage
(5) That the spouse granted the power of administration in the marriage Proof of Filiation of Legitimate Children
settlements has abused that power; or ● General Rule: Filiation of children may be established by any of the
(6) At the time of the petition, the spouses have been separated in fact for following:
at least one year and reconciliation is highly improbable. Art. 135, FC (1) Record of birth appearing in the civil registry or a final judgment;
and
THE FAMILY (2) Admission of such filiation in a public document or a private
● Being the foundation of the nation, it is a basic social institution which handwritten instrument and signed by the parent concerned. ART.
public policy cherishes and protects. Art. 149, FC 172, FC
● Exceptions: In the absence of the foregoing evidence, filiation shall be
Effect of legal dispute in the family proved by:
● GR: No suit between members of the same family shall prosper. (1) Open and continuous possession of the status of a
● XPN: Suit between members of the same family shall prosper only if it legitimate/illegitimate child;
appears in a verified complaint or petition that: (2) Any other means allowed by the Rules of Court and special laws;
(1) Earnest efforts toward a compromise have been made; (Ibid.)
(2) Such efforts have failed; and (3) Handwritten Autobiography; Dela Cruz v. Garcia, G.R. No. 177728
(3) Such earnest efforts and the fact of failure must be alleged. Art. 151, [2009]
FC (4) Baptismal Certificate; Makati Shangri-La & Resort Inc. v. Harper,
G,R, No. 189998 [2012]
THE FAMILY HOME (5) SSS Form E-1. Aguilar v. Siasat, G.R. No. 200169 [2015]
● Definition: The dwelling house of the family and the land on which it is Rights of Legitimate Children:
situated. It is deemed constituted on the house and lot from the time it (1) Bear the surnames of the father and the mother;
is occupied as a family residence. ARTS. 152 and 153, FC (2) Receive support from their parents, their ascendants, and in proper
● The family home shall be exempt from execution, forced sale or cases, their brothers and sisters;
(3) Be entitled to the legitime and other successional rights granted to
attachment from the time of its constitution and so long as any of its
them by the Civil Code. Art. 174, FC
beneficiaries actually resides therein, EXCEPT for:
Grounds to Impugn Legitimacy:
(1) Non-payment of taxes;
1. Biological or scientific proof that the child could not have been that of
(2) Debts incurred prior to the constitution of the family home; the husband
(3) Debts secured by mortgages on the premises before or after 2. Vitiated consent in artificial insemination
such constitution; 3. Physical Impossibility of the husband to have sexual intercourse with
(4) Debts due to laborers, mechanics, architects, builders, his wife within the first 120 – 300 days immediately preceding the
materialmen and others who have rendered service or furnished child’s birth (Art. 166, FC)
material for the construction of the building. ART. 155, FC Illegitimate Children
● Beneficiaries: Who are Illegitimate Children
(1) Husband and wife or the unmarried head of a family; ● GR: Children conceived and born outside a valid marriage are
illegitimate. Art. 165, FC
(2) Their parents, ascendants, descendants, brothers and sisters,
● XPN:
legitimate or illegitimate, who live in the family home and depend (1) Children conceived or born before the judgment of annulment Art.
upon the head of the family for legal support. ART. 154, FC 54, FC
● It may be disposed by the owner/s with the written consent of the (2) Children conceived or born of a void marriage in two instances:
person constituting the same; the latter’s spouse, and a majority of the a) Before the judgment of absolute nullity of the marriage under
beneficiaries of legal age. ART. 158, FC Article 36 (declared void on the ground of psychological
incapacity) has become final and executory Art. 54, FC
● It continues despite the death of one or both spouses and the
b) Void subsequent marriage for noncompliance with the
unmarried head of the family for ten (10) years or as long as there is a requirements under Art. 52 (recording of the judgment of
minor beneficiary. ART. 159, FC annulment or absolute nullity of the first marriage, partition
● For purposes of the benefits of a family home, a person may constitute and distribution of properties and delivery of their children’s
or be a beneficiary of, only one (1) family home. ART. 161, FC presumptive legitimes in the Registry of Property) Art. 53, FC
Proof of Filiation of Illegitimate Children
Filiation of illegitimate children is established by:
PATERNITY AND FILIATION
1. Record of birth appearing in the civil register or a final judgment; or
Paternity and filiation refer to the relationship or tie which exists between
2. An admission of legitimate filiation in a public document or a private
parents and their children (Sta. Maria, p. 604). The filiation of children may
handwritten instrument and signed by the parent concerned.
be by nature or by adoption. Natural filiation may be legitimate or
illegitimate. (Article 163, Civil Code) Effect of recognition of an illegitimate child by the father
● Serve as ground for ordering the latter to give support to, but not the
Legitimate Children
custody of the child. The law explicitly confers to the mother sole
Who are Legitimate Children
parental authority over an illegitimate child.
(1) Children conceived or born during the marriage of the parents are
● Use of father’s surname provided that:
legitimate;
○ Filiation has been recognized by the father through the record of
(2) Children born of artificial insemination of the wife with the sperm of the
birth appearing in the civil register; and
husband or that of a donor or both, provided, that both of them

5
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
○ Admission in public document or private handwritten instrument ● of legal age;
is made by the father. ● in possession of full civil capacity and legal rights;
Rights of Illegitimate Children: ● of good moral character;
(1) Use the surname of the mother, except: May use the surname of the ● not convicted of any crime involving moral turpitude;
father if their filiation has been expressly recognized by the father ● emotionally and psychologically capable of caring for children;
through any of the following: (a) record of birth appearing in the civil ● at least sixteen (16) years older than the adoptee, except when
register; and (b) admission in a public document or private handwritten adopter is the biological parent of adoptee, or spouse of adoptee’s
instrument. parent; and
(2) Be under the parental authority of the mother; ● capable to support and care for his/her children in keeping with
(3) Be entitled to support; and the means of the family. SEC. 7(a), R.A. No. 8552
(4) Be entitled to his or her legitime which shall consist of one-half of the (2) Any alien, with same qualifications as stated for Filipino nationals,
legitime of a legitimate child. provided that:
● His country has diplomatic relations with the Philippines;
Grounds to Impugn Filiation:
● He has been living in the Philippines for at least three (3)
1. It was physically impossible for the husband to have sexual intercourse
continuous years prior to filing of application and maintains
with his wife within the first 120 days of the 300 days which immediately
residence until adoption decree is entered, except:
preceded the birth of the child because of:
(i) A former Filipino citizen who seeks to adopt a relative within
a. physical incapacity of the husband to have sexual intercourse with
the fourth (4th) degree of consanguinity or affinity;
his wife;
(ii) One who seeks to adopt the legitimate child of his Filipino
b. husband and wife were living separately in such a way that sexual
spouse;
intercourse was not possible; or
(iii) One who is married to a Filipino citizen and seeks to adopt
c. serious illness of the husband, which absolutely prevented sexual
jointly with his spouse a relative within the fourth (4th)
intercourse
degree of consanguinity or affinity of the Filipino spouse;
2. That it is proved that for biological or other scientific reasons, the child
● He has been certified as having legal capacity to adopt in his
could not have been that of the husband, except in the instance
country; and
provided in the second paragraph of Article 164
● His government allows adoptee to enter his country as his
3. That in case of children conceived through artificial insemination, the
adopted child. SEC. 7(b), R.A. No. 8552;
written authorization or ratification of either parent was obtained
(3) The guardian with respect to his ward after the termination of the
through mistake, fraud, violence, intimidation, or undue influence.
guardianship and clearance of his financial accountabilities. SEC. 7(c),
Legitimated Children R.A. No. 8552;
Who May be Legitimated Who May be Adopted
Those conceived and born outside of wedlock of parents without ● Person below eighteen (18) years of age;
impediment at the time of conception, or were disqualified only because ● Legitimate child of one spouse, by the other spouse;
either or both parents are below 18 and had subsequently married. ● Illegitimate child, by a qualified adopter to raise status to legitimacy;
Requisites in the process of legitimation: ● Person of legal age if, prior to adoption, has been considered and
(1) The parents do not suffer any legal impediment or are disqualified to treated by the adopter/s as his own child since minority;
marry because either one or both of them are 18 years of age at the ● Child whose adoption was previously rescinded;
time of the conception of the child by the mother;
● Child whose biological or adoptive parent/s has died, provided that no
(2) The child has been conceived and born outside of a valid marriage;
proceedings shall be initiated within six (6) months from the time of
(3) The parents subsequently enter into a valid marriage.
death of said parent(s). SEC. 8, R.A. No. 8552
How Legitimation Takes Place
Effects of a Decree of Adoption (See Article Nos. 189-190 of the Family
● By a subsequent valid marriage between parents. Annulment of a
Code)
voidable marriage shall not affect the legitimation.
1. For Civil purposes, the adopted shall be deemed to be a Legitimate
● Legitimated children shall enjoy the same rights as legitimate children.
child of the adopters;
● The effects of legitimation shall retroact to the time of the child’s birth.
2. The adopted shall remain an Intestate heir of his parents and other
● The legitimation of children who died before the celebration of the
blood relatives
marriage shall benefit their descendants.
3. The adopted shall acquire Reciprocal rights and obligations arising
Grounds to Impugn Legitimacy from the relationship of the parent and the child;
Legitimation may be impugned only by those who are prejudiced in their 4. The adopted may use the Surname of the adopters;
rights, within five years from the time their cause of action accrues. 5. The parental authority of the parents over the adopted shall Terminate
Adopted Children and be vested in the adopters;
Domestic Administrative Adoption and Alternative Child Care Act (R.A. No. Except: if the adopter is the spouse of the parent by nature oof the adopted,
11642) parental authority over the adopted shall be exercised jointly by both
● Effects of Decree of Adoption: spouses. (Art. 189, Family Code)
o As to parental authority: All legal ties between the biological parents
and the adoptee shall be severed and the same shall be vested on
adopters, except, where the biological parent is the spouse of the SUPPORT
adopter. Everything indispensable for sustenance, including education of the
o As to legitimacy: Adoptee shall be considered the legitimate person entitled to be supported, until completion of his education or training
son/daughter of the adopter/s for all intents and purposes. for some profession, trade or vocation, even beyond the age of majority.
o As to succession: Adoptee shall have reciprocal rights of ART. 194, FC
succession without distinction from legitimate filiation. Persons Obliged to support each other:
Who May Adopt (1) The spouses;
(1) Any Filipino citizen who is: (2) Legitimate ascendants and descendants;

6
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
(3) Parents and their legitimate children and the legitimate/ illegitimate PROPERTY, OWNERSHIP, AND ITS
children of the latter; MODIFICATIONS
(4) Parents and their illegitimate children and the legitimate and illegitimate
children of the latter; and CLASSIFICATION OF PROPERTY
(5) Legitimate brothers and sisters, whether of full or half-blood. ART. 195,
FC, except when the need for support of the brother or sister, being of IMMOVABLES
age, is due to a cause imputable to claimant's fault or negligence. ART. (1) Land, buildings, roads and constructions of all kinds adhered to the
196, FC soil;
(2) Trees, plants, and growing fruits, while they are attached to the land
Source of Support:
or form an integral part of an immovable;
1. CPG or ACP shall answer for the support of the spouse, their common (3) Everything attached to an immovable in a fixed manner, in such a way
children, and the legitimate children of either spouse; that it cannot be separated therefrom without breaking the material or
2. For the support of legitimate ascendants descendants; and brothers deterioration of the object;
and sisters, only the separate property of the person obliged to give (4) Statues, reliefs, paintings or other objects for use or ornamentation,
support shall be answerable; and placed in buildings or on lands by the owner of the immovable in such
a manner that it reveals the intention to attach them permanently to
3. If no separate property, the ACP/CPG (if financially capable) shall
the tenements;
advance the support, to be deducted from the obligor’s share upon (5) Machinery, receptacles, instruments or implements intended by the
liquidation of such regime. (Art 197, FC) owner of the tenement for an industry or works which may be carried
Order of Support: on in a building or on a piece of land, and which tend directly to meet
1. Spouse; the needs of the said industry or works;
(6) Animal houses, pigeon-houses, beehives, fish ponds or breeding
2. Descendants in the nearest degree; places of similar nature, in case their owner has placed them or
3. Ascendants in the nearest degree; and preserves them with the intention to have them permanently attached
4. Brothers and sisters. (Art. 199, FC) to the land, and forming a permanent part of it; the animals in these
places are included;
PARENTAL AUTHORITY (7) Fertilizer actually used on a piece of land;
(8) Mines, quarries, and slag dumps, while the matter thereof forms part
(1) The care for and rearing children for civic consciousness; and
of the bed, and waters either running or stagnant;
(2) Efficiency and the development of children’s moral, mental and
(9) Docks and structures which, though floating, are intended by their
physical character and well-being Art. 209, NCC
nature and object to remain at a fixed place on a river, lake, or coast;
Note: Whenever the appointment of a judicial guardian over the property (10) Contracts for public works, and servitudes and other real rights over
of the child becomes necessary, the same order of preference shall be immovable property. Art. 415, NCC
observed.
Substitute Parental Authority MOVABLES
1. The Surviving grandparent (1) Those movables susceptible of appropriation which are not real
property;
a. When several grandparents survive, the one designated by the
(2) Real property which by any special provision of law is considered as
court shall exercise parental authority personal property;
2. Oldest brother or sister over 21 years old (3) Forces of nature which are brought under control by science; and
3. Child’s actual custodian over 21 years old (4) In general, all things which can be transported from place to place
without impairment of the real property to which they are fixed. Art.
Special Parental Authority 416, NCC
● In case of foundlings, abandoned neglected, or abused children, (5) Obligations and actions which have for their object movables or
and other children similarly situated, parental authority shall be demandable sums; and
entrusted in summary judicial proceedings to heads of children’s (6) Shares of stock of agricultural, commercial and industrial entities,
homes, orphanages and similar institutions duly accredited by the although they may have real estate. Art. 417, NCC
proper government agency. Art. 217, NCC
● The school, its administrators and teachers, or the individual, entity
or institution engaged in childcare shall have special parental BUNDLE OF RIGHTS
authority and responsibility over the minor child while under their
supervision, instruction or custody. Art. 218, NCC OWNERSHIP
Effects of Parental Authority ● It is the right to enjoy and dispose of a thing, without other limitations
1. The Surviving grandparent than those established by law. Art. 428, NCC
a. When several grandparents survive, the one designated by the Attributes of Ownership
court shall exercise parental authority (1) Jus possidendi – right to possess;
2. Oldest brother or sister over 21 years old (2) Jus utendi – right to use;
(3) Jus abutendi – right to abuse;
3. Child’s actual custodian over 21 years old (4) Jus accessionis – right to the accessories;
(5) Jus fruendi – right to enjoy the fruits;
(6) Jus disponendi – right to dispose, alienate, transfer and encumber;
(7) Jus vindicandi – right to recover property.

7
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
RIGHTS OF ACCESSION Accion Interdictal
Accession - Right of the owner of a property over everything which is It is a summary action to recover physical or material possession only and
produced incorporated or attached thereto either naturally or artificially. it must be brought within one year from the time the cause of action arises.
Kinds of Accession Quieting of Title
(1) Accession discrete: Natural fruits; Industrial fruits; and Civil fruits Remedy for the removal of any cloud or doubt with respect to title to real
(2) Accession continua property.
a) For real property: Accession industrial and Accession natural Requisites
b) For personal property: Adjunction or conjunction; Mixture or (1) The plaintiff or complainant has a legal or an equitable title to or
confusion and Specification interest in the real property subject of the action; and
2. Accession Industrial (2) The deed, claim, encumbrance, or proceeding claimed to be casting
Includes anything that is built, planted, or sown on the land: cloud on his title must be shown to be in fact invalid or inoperative
● All works are presumed made by owner and at his expense; despite its prima facie appearance of validity or legal efficacy.
● Owner of materials shall have the right to remove them only if he Mananquil v. Moico, G.R. No. 180076 [2012]
can do so without injury to the work constructed. However, if
landowner is in bad faith, owner of materials may remove in any CO-OWNERSHIP
event and be entitled to damages; There is co-ownership whenever the ownership of an undivided thing or
● If builder, planter or sower (BPS) is in good faith, landowner has the right belongs to different persons. Art. 484, NCC
option to: Rights of Each Co-Owner
a) Appropriate as his own the works, sowing or planting, (1) Use the thing in common according to purpose intended;
after payment of useful and necessary expenses; or (2) Share in the benefits in proportion to his undivided interest, provided
b) Sell the land to the builder, planter or sower; or the charges are borne in the same proportion;
c) If value of land is considerably more than building or (3) Compel the other co-owners to contribute to the necessary expenses
trees, builder, planter or sower shall pay rent. for preservation of property and to the payment of taxes;
● If BPS is in bad faith: (4) Any of the co-owners may renounce so much of his undivided interest
a) BPS loses what is built, planted, or sown without right to equivalent to his share in necessary expenses and taxes;
indemnity; (5) Bring an action in ejectment;
b) Landowner may: Demand removal of the work at the (6) Oppose any act of alteration;
expense of BPS; or Compel builder or planter to pay for (7) Protest resolutions of financial majority which are seriously prejudicial
price of land or for sower to pay rent to the minority in acts of administration;
c) BPS is entitled to reimbursement for the necessary (8) Exercise right of legal redemption;
expenses of preservation of the land (9) Ask for partition as long as the coownership exists;
● Liability for damages attaches to any party in bad faith
● Landowner is in bad faith when he had knowledge of the act but
did not oppose such act; POSSESSION
● If landowner is in bad faith and BPS is in good faith: Holding of a thing or the enjoyment of a right. Art. 523, NCC
a) Landowner shall pay BPS for the cost of materials Possession in the Concept of a Holder
plus damages; This takes place when the possessor of a thing or right holds it merely to
b) BPS may remove what was built, planted or sown keep or enjoy it, the ownership pertaining to another person.
with the right to be indemnified for damages; Possession in the Concept of an Owner
● If both parties acted in bad faith, rights will be the same as Possessor of a thing or right, by his actions, is considered or is believed by
though both acted in good faith; other people as the owner, regardless of the good or bad faith.
● If materials, plants or seeds belong to a third person who is in
good faith: Relevance of Good Faith and Bad Faith
a) Landowner is subsidiarily liable for the value of the Rights of the possessor in good faith regarding expenses
materials, plants or seeds if BPS failed to pay; (1) Necessary expenses
b) If BPS paid the owner of the materials, he may a) Refunded to every possessor, whether good faith or bad
demand reimbursement from the landowner for faith;
materials and labor. b) Only the possessor in good faith has right of retention.
(2) Useful expenses
3. Accession Natural a) Refunded only to the possessor in good faith with the right of
The owners of lands adjoining the banks of the rivers belong the accretion retention;
which they gradually receive from the effects of the current of the waters. b) The person who has defeated him in the possession has
Art. 457, NCC
option to:
Forms of Accession Natural: Alluvium, Avulsion, Change of course of i. Refund the amount of the expenses; or
rivers, Formation of islands ii. Pay the increase in value which the thing may
have acquired by reason thereof. Art. 546, NCC
ACTIONS TO RECOVER OWNERSHIP AND POSSESSION OF c) Useful improvements may be removed if can be done
PROPERTY without damage to the principal thing. Art. 547, NCC
Accion Reivindicatoria (3) Expenses for pure luxury or mere pleasure
It is an action to recover real property based on ownership. Here, the object a) Not refunded to the possessor in good faith;
is the recovery of the dominion over the property as owner. b) He may remove the ornaments if it suffers no injury
thereby, and if his successor in the possession does not
Accion Publiciana
prefer to refund the amount expended. Art. 548, NCC
It refers to an ejectment suit filed within 10 years after the expiration of one
year from accrual of cause of action or from the unlawful witholding of When Possession is Lost
possession of the realty. Gabriel, Jr. v. Crisologo, G.R. No. 204626 [2014] (1) Abandonment of the thing;

8
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
(2) Assignment made to another either by onerous or gratuitous title; Classes of Usufruct
(3) Destruction or total loss of the thing, or because it goes out of a. Legal - constituted by law. (ex. usufruct of parents over the property of
commerce; or their children living in their custody and under their parental authority
(4) Possession of another for more than one year, subject to the [Art.226 FC)
provisions of Art. 537; but the real right of possession is not lost b. Voluntary - Will of private persons expressed in acts inter vivos. (ex.
till after the lapse of ten years. Art. 555, NCC donations, or expressed in last will and testament)
Rules for Movables c. Mixed - by prescription.
Possession of Movables Other Classes of Usufruct
Possession is not deemed lost so long as they remain under the control of a. Total - constituted on the whole thing
the possessor, even if whereabouts are unknown [Art. 556, Civil Code]. b. Partial - constituted on the part of a thing.
c. Simple - in favor of one person
Possessor of a Movable Property
d. Multiple - in favor of two or more persons (maybe simultaneous or
Possession in good faith is equivalent to a title. Nevertheless, one who has
successive)
lost any movable or has been unlawfully deprived thereof, may recover it
e. Pure with a term – usufruct has to specify that it is from a certain date
from the person in possession of the same [Art. 559, Civil Code]. The right
or to a certain day.
of the owner cannot be defeated even by proof that there was good faith
● Ex die – If it is from a certain day
in the acquisition by the possessor. [Dizon v. Suntay, G.R. No. L-30817, 29
September 1972].
● In diem – up to a certain day
● Ex die in diem – from a certain day up to a certain day
Exception: When there is acquisition in good faith of the possessor at a f. Pure with a condition – conditional
public sale, in which case the owner cannot obtain its return without ● Suspensive
reimbursing the price. The owner’s right is based on his being ○ Obligation does not arise unless that suspensive condition
dispossessed without his consent [Dizon v. Suntay, supra]. happens or arises
● Resolutory
USUFRUCT ○ Usufruct would already begin and can be enjoyed until a
Usufruct gives a real right to enjoy the property of another with the condition happens in which case that usufruct is then
obligation of preserving its form and substance, unless the title constituting resolved – it will then be terminated.
it, or the law, otherwise provides. Art. 562, NCC g. Pure usufruct – no term or conditions/unconditional. (Salazar Lectures,
2022)
Rights of the Usufructuary h. Proper - (normal) constituted over a non-consumable thing
(1) Possess or enjoy the usufruct for himself; i. Improper - (abnormal/quasi usufruct in Roman Law) constituted over a
(2) All the natural, industrial and civil fruits of the property in usufruct; consumable thing. [ex. Art 573-574, NCC] (PROPERTY, RABUYA, 2021)
Art. 566, NCC
(3) Use the accessions; Extinguishment
(4) Lease; Art. 572, NCC (1) Total loss of the thing;
(5) Alienate his usufruct; Art. 572, NCC (2) Death of the usufructuary;
(6) Introduce useful improvements or for mere pleasure without altering (3) Prescription;
its form and substance; Art. 579, NCC (4) Termination of the right of the person constituting the usufruct;
(7) Demand reimbursement from owner for: (5) Renunciation of the usufructuary;
a) Indispensable extraordinary repairs; Art. 594, NCC (6) Expiration of the period or fulfilment of the resolutory condition;
b) Taxes on the capital he advanced Art. 597, NCC (7) Merger of the ususfruct and ownership in the same person. ART. 603,
NCC
(8) Retain the thing until reimbursed for taxes and extraordinary
repairs. Art. 608, NCC
Obligations of the Usufructuary EASEMENTS
(1) Before entering, upon enjoyment: A real right on another's property, corporeal and immovable, whereby the
a) Make inventory of all property; owner of the latter must refrain from doing or allowing somebody else to
b) Give security Art. 583, NCC, except when: do or something to be done on his property, for the benefit of another
i. Donor reserved the usufruct of the property donated; or person or tenement. Quimen v. CA, G.R. No. 112331 [1996]
ii. Parental usufruct over children’s properties Art. 584, NCC Kinds of Easements
iii. When no one will be injured thereby. Art. 585, NCC As to the recipient of the benefit
(2) During the existence of the usufruct: ● Real - encumbrance is imposed on an immovable for the benefit of
a) Take care of the things given in usufruct as a good father of a another immovable. Two distinct immovables — required. (Art. 613,
family Art. 589, NCC NCC)
b) Make the ordinary repairs required by the wear and tear due to ● Personal - encumbrance is imposed on an immovable property for the
natural use Art. 592, NCC benefit of a community, or of one or more persons to whom the
c) Notify the owner when need for extraordinary repair is urgent encumbered estate does not belong. (Art. 614, NCC)
Art. 593, NCC
As to its source
d) Payment of annual charges and taxes and of those considered
● Legal - imposed by law and may be established against the will of the
as a lien on the fruits Art. 596, NCC; and
owner of the servient estate. (Art. 619, NCC)
e) Notify owner of any act of a third person that may be prejudicial
● Voluntary - by will or agreement of the parties. (Art. 619, NCC)
to the rights of ownership Art. 601, NCC
- only the owner can create a servitude that will bind the servient
(3) Upon extinguishment of the usufruct: estate. (RABUYA, 2021)
a) Return of the property to the owner Art. 601, NCC
b) Pay interest on the amount of taxes on capital paid by the Modes of Acquiring Easements
owner Art. 597, NCC (1) Continuous and apparent easements are acquired either by virtue of a
c) Pay interest on the amount for spent for extraordinary repairs title or by prescription of 10 years. Art. 620, NCC
by the owner Art. 594, NCC

9
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
(2) Continuous non-apparent easements, and discontinuous ones, 2. Constructive Tradition: The delivery of the thing is not actual but
whether apparent or not, may be acquired only by virtue of a title. Art. representative or symbolic in essence– important that there is intention
622, NCC by the parties to deliver the ownership.
(3) The absence of a document or proof showing the origin of an ● Traditio Longa Manu: Delivery by mere agreement; It consists in
easement, which cannot be acquired by prescription, may be cured by the pointing of the thing within sight, by the grantor to the grantee
a deed of recognition by the owner of the servient estate or by a final but which at the time of the transaction, the thing could not be
judgment. Art. 623, NCC placed yet in the possession of the grantee.
(4) The existence of an apparent sign of easement between two estates, ● Traditio Brevi Manu: It consists in the grantee’s continuation of his
established or maintained by the owner of both, shall be considered, possession over the thing delivered but now under a title of
should either of them be alienated, as a title in order that the easement ownership. This is exemplified in the case of a lessee who had
may continue actively and passively, unless, at the time the ownership purchased the property leased to him and thereafter continues to
of the two estates is divided, the contrary should be provided in the title possess it as the owner thereof.
of conveyance of either of them, or the sign aforesaid should be ● Traditio Constitutum Possessorium: It consists in the owner’s
removed before the execution of the deed. Art. 624, NCC continuous possession of the property he had sold to another
Effects of Easement person, and his present possession thereof is no longer that of an
1. Owner of the dominant estate may make, at his own expense, on the owner but under another capacity like a lessee, pledgee,
servient estate any works necessary for the use and preservation of depository, etc. It is the opposite of Traditio Brevi Manu.
the servitude, but without altering it or rendering it more burdensome
(Art. 627) DONATION
2. Should there be several dominant estates, the owners of all of them Donation is an act of liberality whereby a person disposes gratuitously of a
shall be obliged to contribute to the expenses referred to in the thing or right in favor of another, who accepts it. Art. 725, NCC
preceding article, in proportion to the benefits which each may derive
from the work (Art. 628) Features
3. The owner of the servient estate cannot impair, in any manner ● An act of liberality whereby a person disposes gratuitously of a thing or
whatsoever, the use of the servitude (Art. 629) right in favor of another, who accepts it. (Art. 725, NCC)
4. The owner of the servient estate retains the ownership of the portion ● Perfection of Donation - knowledge by donor of acceptance by the
on which the easement is established, and may use the same in such donee; during lifetime of donor and donee (Art. 734) and because
a manner as not to affect the exercise of the easement (Art. 630) donation is personal; no acceptance, null and void. (Art. 746)
Note: Nobody is obliged to receive a benefit against his will. If one is a
Extinguishment of Easement recipient, he has the option of accepting or not accepting the donation.
(1) Merger in the same person of the ownership of the dominant and Acceptance is indispensable and is necessary in the donation. Without
servient estates; acceptance, donation is not perfected.
(2) Non-use for 10 years; with respect to discontinuous easements;
(3) Either or both of the estates fall into such condition that the easement Classifications
cannot be used; 1. Donations Inter Vivos
(4) By the expiration of the term or the fulfillment of the condition, if the a. Simple - not subject to condition. (Art. 725)
easement is temporary or conditional; b. Remuneratory donations (Art. 726)
(5) By the renunciation of the owner of the dominant estate; c. Conditional - Illegal or impossible conditions – donation still valid
(6) By the redemption agreed upon between the owners of the dominant (Art. 727)
and servient estates. Art. 631, NCC d. Modal - subject to burdens or charges (Art. 726)
e. Onerous - made for valuable consideration strictly
2. Donation Mortis Causa
DIFFERENT MODES OF ACQUIRING a. refers to legacies or devices in succession. (Art. 924-959, NCC)
OWNERSHIP b. effective upon death of the donor (Art. 728)
c. Donations effective during the lifetime of the donor but delivered
OCCUPATION upon his death (Art. 729)
Requisites: Distinctions Between Mortis Causa and Inter Vivos Donations
(1) Seizure of a thing; (1) Donation inter vivos - Donation shall take effect during the
(2) Thing must be corporeal personal property; lifetime of the donor. Art. 729, NCC
(3) Thing is appropriable by nature; (2) Donation mortis causa - Donations which are to take effect
(4) Thing without an owner; upon the death of the donor. Art. 728, NCC
(5) Intention to appropriate; Form
(6) Compliance with legal requirements Art. 713, NCC 1. As regards movable property
a. With simultaneous delivery of property donated:
TRADITION i. For P5,000 or less – May be oral/written
ii. For more than P5,000 – Must be written in public or private
Nature
document
A mode of acquiring ownership as a consequence of certain contracts,
b. Without simultaneous delivery:
such as sale, by virtue of which, actually or constructively, the object is
i. The donation and acceptance must be written in a public or
placed in the control and possession of the vendee.
private instrument (Statute of Frauds), regardless of value.
Classes Otherwise, donation is unenforceable.
1. Actual Tradition: Contemplates the actual delivery of the thing from the
2. As regards immovable property
hand of the grantor to the hand of the grantee if the thing is a
a. Must be in a public instrument specifying:
personality. If it is a realty, it is manifested by certain possessory acts
i. The property donated and
executed by the grantee with the consent of the grantor such as by
ii. The burdens assumed by the done
taking over the property; by entering it and occupying it.

10
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
b. Acceptance may be made: public domain. Hence, they are also disqualified from acquiring private
i. In the same instrument or lands. The primary purpose of the constitutional provision is the
ii. In another public instrument, notified to the donor in authentic conservation of national patrimony.
form, and noted in both deeds. Otherwise, donation is void. (De
Leon, 2015) XPN:
Limitations 1. Save in cases of hereditary succession, no private lands shall be
(1) A donor may not donate more than what he can give by will. transferred or conveyed except to individuals, corporations, or
(2) The donee cannot receive by way of donation more than what he associations qualified to acquire or hold lands of the public domain;
may receive by will. (Sec. 7, Art. XII, 1987 Constitution)
(3) Prohibition on donation inter vivos: 2. Lands acquired by aliens before enactment of the 1935 Constitution;
a) Persons guilty of adultery or concubinage at the time of 3. Foreigners, formerly Filipino Citizens who acquire property in the
donation;
Philippines shall maintain ownership of their property even after change
b) Made between persons found guilty of the same criminal
offense, in consideration thereof; of citizenship;
c) Those made to a public officer or his wife, descendants and 4. Natural-Born Filipinos who lost their citizenship and acquired foreign
ascendants, by reason of his office. Art. 739, NCC citizenship wanting to own property in the Philippines, in accordance
Grounds for Revocation/Reduction of Donation with B.P. 185 and R.A. 8179; and
(1) When the donee fails to comply with any of the conditions which 5. Other exceptions.
the donor imposed upon the done Art. 764, NCC
(2) When donee commits acts of ingratitude:
a) Donee should commit some offense against the person, ORIGINAL REGISTRATION (P.D. 1529)
the honor or the property of the donor, or of his wife or Who may apply
children under his parental authority; (1) Those who, by themselves or through their predecessors-in-interest,
b) Donee imputes to the donor any criminal offense, or any have been in open, continuous, exclusive and notorious possession
act involving moral turpitude, even though he should prove and occupation of alienable and disposable lands of the public domain
it, unless the crime or the act has been committed against under a bona fide claim of ownership 20 years preceding the filing of
the donee himself, his wife or children under his authority; application.
c) If he unduly refuses him support when the donee is legally (2) Those who have acquired ownership of private lands by prescription
or morally bound to give support to the donor. Art. 765, NCC under the provisions of existing laws.
(3) Those who have acquired ownership of private lands or abandoned
river beds by right or accession or accretion.
PRESCRIPTION
(4) Those who have acquired ownership of land in any other manner
Distinctions Between Acquisitive and Extinctive Prescription provided for by law. Sec. 14, P.D. No. 1529, as amended
● Acquisitive Prescription - Acquisition of a right by the lapse of time.
Decree of Registration: Upon the expiration of said period of one year,
Consuelo V. Pangasinan and Annabella V. Borromeo v. Cristina
Disongloalmazora, G.R. No. 200558 [2015] the decree of registration and the certificate of title issued shall become
● Extinctive Prescription - Rights and actions are lost by the lapse of time. incontrovertible. Sec. 32, P.D. No. 1529, as amended
Ibid. Review of Decree of Registration: Shall not be reopened or revised by
Distinctions Between Extinctive Prescription and Laches reason of absence, minority, or other disability of any person adversely
Prescription Laches affected thereby, nor by any proceeding in any court for reversing
Concerned with Concerned with the effect of delay judgments, subject, however, to the right of any person, including the
the fact of delay government and the branches thereof, deprived of land or of any estate or
Matter of time Principally a question of inequity of permitting a claim to be interest therein by such adjudication or confirmation of title obtained by
enforced, this inequity being founded on some change in the actual fraud, to file in the proper Court of First Instance a petition for
condition of the property or the relation of the parties reopening and review of the decree of registration not later than one year
from and after the date of the entry of such decree of registration, but in no
LAND TITLES AND DEEDS case shall such petition be entertained by the court where an innocent
purchaser for value has acquired the land or an interest therein, whose
rights may be prejudiced. Sec. 32, P.D. No. 1529, as amended
TORRENS SYSTEM
A system of registration of transaction with interest in land whose declared Innocent Purchaser for Value: One who buys the property of another,
object is to establish and certify ownership. Republic v. CA, G.R. No. 113549 without notice that some other person has a right to or interest in such
[1996] property, and who pays a full and fair price for the sale, at the time of the
purchase or before he has notice of the claim/interest of some other person
REGALIAN DOCTRINE in the property. Agricultural and Home Extension Development Group v. CA,
G.R. No. 92310 [1992]
Regalian Doctrine contemplates that all lands belong to the State and there
must be a positive act from the State before the land can be alienable and Rights of Innocent Purchaser for Value
(1) Right to rely on the correctness of the title;
disposable. (2) Holds an indefeasible title to the subject lot under the Torrens system.
Agricultural and Home Extension Development Group v. CA, G.R. No.
NATIONALITY RESTRICTIONS ON LAND OWNERSHIP 92310 [1992]
General Rule: Enshrined under the 1987 Constitution is the prohibition of
foreign ownership of lands in the Philippines and that ownership of lands
is reserved to or for Philippine Nationals or Filipino Citizens. Aliens,
whether individuals or corporations are disqualified from acquiring lands of

11
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
AN ACT IMPROVING THE CONFIRMATION PROCESS FOR B. Involuntary Dealings
IMPERFECT LAND TITLES (RA 11573), AMENDING CA 141 AND (1) Adverse Claim: A notice to third persons that someone is claiming
PD 1529 [SEE REPUBLIC V. PASIG RIZAL CO., INC., G.R. NO. 213207, an interest on the property or has a better right than the registered
FEBRUARY 15, 2022] owner thereof, and that any transaction regarding the disputed
R.A. 11573 was signed into law as a measure to simplify and hasten the land is subject to the outcome of the dispute. Sajonas v. CA, G.R.
procedure of granting titles to our farmer beneficiaries. A few of the key No. 102377 [1996]
provisions under this law are a) the removal of the deadline for agricultural (2) Notice of Lis Pendens: Intended to warn all people who deal with
free patents, as well as b) the shortening of the required period of the property that they so deal with it at their own risk. Heirs of
Marasigan v. IAC, G.R. No. L-69303 [1987]
possession for confirmation of imperfect titles. Effectively amending some
of the provisions of the C.A. No. 141, as amended by R.A. 6940.
NON-REGISTRABLE PROPERTIES
CERTIFICATE OF TITLE (1) Forest or timberland;
(2) Foreshore land and seashore;
● Definition: The true copy of the decree of registration or the transcription
(3) Mangrove swamps; Dir. of Forestry v. Villareal, 170 SCRA 598 [1980]
thereof. SEC. 39, P.D. 1529 (4) Mineral Lands Lepanto v. Dumyung, 89 SCRA 532 [1979]
● It takes effect upon the date of entry thereof, and the land covered (5) Military Reservations; Republic v. Marcos, 52 SCRA 238 [1973]
thereby becomes a registered land on that date. (6) Navigable rivers streams & creeks;
● A Torrens certificate is the best evidence of ownership over registered (7) Lakes; Art. 502, NCC
land. Chavez v. PEA & Amari Coast Bay Dev’t. Corp., G.R. No. 133250 (8) Watershed; Tan v. Director of Forestry, 125 SCRA 302 [1973]
[2002] (9) Grazing lands;
● General Rule: Registered owner receiving a certificate of title in (10) Previously titled land;
(11) Alluvial deposit along river when man-made Republic v. CA, 132 SCRA
pursuance of a decree of registration, and every subsequent purchaser 514 [1984]
of registered land taking a certificate of title for value and in good faith,
shall hold the same free from all encumbrances. SEC. 44, P.D. 1529 DEALINGS WITH UNREGISTERED LANDS
● Exceptions: Effect of Registration of Sale of Unregistered Property
(1) Liens, claims or rights arising or existing under the laws and (1) In cases of unregistered lands, under Act 3344, registration of
Constitution; instruments affecting unregistered lands is without prejudice to a
(2) Unpaid real estate taxes levied and assessed within two (2) years third party with a better right. Radiowealth Finance Co. v. Palileo, G.R.
No. 83432 [1991]
immediately preceding the acquisition of any right over the land (2) The registration of the deed does not operate as constructive notice
by an innocent purchaser for value; to the whole world. Republic v. Heirs of Francisca Dignos-Sorono,
(3) Any public highway or private way or any government irrigation G.R. No. 171571 [2008]
canal or lateral thereof, if the certificate of title does not state the
boundaries of such highway or irrigation canal or lateral thereof; ASSURANCE FUND
and A. Nature of Assurance Fund:
(4) Any disposition of the property or limitation on the use thereof. The Assurance Fund is only liable in the last resort. The person causing
(Ibid.) the fraud or the error should be liable first.
● Incontrovertible and Indefeasible: Upon the expiration of one (1) year ● However, if the judgment cannot be executed, the Assurance Fund is
from and after the entry of the decree of registration, the decree and the insurance to the innocent purchaser for value who relied on the
the corresponding certificate becomes incontrovertible and validity of the real property's certificate of title.
indefeasible. ● In showing that the person causing the fraud passed away and did not
● Registered land is not subject to prescription. SEC. 47, P.D. 1529 leave property, it meant that the state cannot execute a judgment
● Certificate of title is not subject to collateral attack. SEC. 48, P.D. 1529 granting the innocent purchaser's claim from such person.
● It excuses the claimant from impleading the person causing the fraud
SUBSEQUENT REGISTRATION or his estate in the Petition because in this situation, the judgment may
only be enforced against the Assurance Fund. (The Register of Deeds
A. Voluntary Dealings; General Provisions: The act of registration shall of Negros Occidental v. Anglo, Sr., G.R. No. 171804, 05 Aug. 2015)
be the operative act to convey or affect the land insofar as third
persons are concerned. SEC. 51, P.D. 1529 B. Action of Compensation from Funds:
● Mirror Doctrine: All persons dealing with property covered by a ● Requisites:
Torrens certificate of title are not required to go beyond what (1) The aggrieved party sustained loss or damage, or is deprived
appears on the face of the title. Sigaya v. Mayuga, G,R, No, 143254 of land or any estate or interest therein;
[2005] (2) Such damage or deprivation was occasioned by bringing the
land under the Torrens system;
● Exceptions:
(3) The loss, damage or deprivation was due to fraud, or any error,
(1) Purchaser acted in bad faith; Egao vs. CA, G.R. No. 79787
omission, mistake, misdescription in the certificate of title;
[1989]
(4) There was no negligence on his part;
(2) Banks; Omengan v. PNB, G.R. No. 161319 [2007]
(5) He is barred or precluded under the provisions of PD. 1529 to
(3) Where the seller is not the registered owner; Quiniano v. CA,
recover said land;
G.R. No. L-23024 [1971]
(6) The action has not prescribed.

12
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
C. Limitation of Action: (3) Sufficient that testator was able at the time of making the will to
● General Rule: Within six (6) years from the time the right to bring the know the: (a) Nature of his estate; (b) Proper objects of his bounty;
action first occurred which is the date of issue of the certificate of and (c) Character of the testamentary act Art. 799, NCC
title. SEC. 102, P.D. 1529 Formalities of a Notarial Will
● Exception: The action may be instituted at any time within two (2) (1) In writing Art. 804, NCC
(2) Executed in a language or dialect known to the testator Art. 804, NCC
years after such disability has been removed, notwithstanding the
(3) Subscribed at the end by the testator himself or by the testator’s
expiration of the 6-year period. (Ibid.) name written for him by an authorized person in his presence Art.
805, NCC
RECONSTITUTION OF TITLE (4) Attested and subscribed by three or more witnesses in the presence
of the testator and of one another Art. 805, NCC
Reconstitution of certificate of title is the restoration of the instrument which
(5) Testator, or the person requested by him to his name, and
is supposed to have been lost or destroyed in its original form and instrumental witnesses of the will also sign each and every page
condition, under the custody of Register of Deeds. thereof, on the left margin Art. 805, NCC
(6) All pages shall be numbered correlatively in letters on the upper part
of each page Art. 805, NCC
WILLS AND SUCCESSION
(7) Attestation clause containing: Number of pages; Fact that the
testator signed the will and every page thereof in the presence of
GENERAL PROVISIONS the witnesses; and Fact that the witnesses witnessed and signed
● Succession: A mode of acquisition by virtue of which the property, rights the will and all the pages thereof in the presence of the testator and
and obligations to the extent of the value of the inheritance, of a person of one another Art. 805, NCC
are transmitted through his death to another or others either by his will (8) Acknowledged before a notary public by the testator and the
or by operation of law. ART. 774, NCC witnesses. Art. 806, NCC
● Kinds: Formalities of a Holographic Will
(1) Testamentary/ Testacy: By will ART. 779, NCC (1) In writing; Art. 804, NCC
(2) Legal/ Intestacy: By operation of law; ART. 960, NCC (2) Executed in a language or dialect known to the testator; Art. 804,
(3) Mixed: Partly testamentary and partly legal. ART.780, NCC NCC
● The rights to the succession are transmitted from the moment of the (3) Entirely handwritten, dated and signed by the hand of the testator
death of the decedent. ART. 777, NCC himself. Art. 810, NCC
Witnesses to a Notarial Will
TESTAMENTARY SUCCESSION Qualifications:
Will - A will is an act whereby a person is permitted, with the formalities (1) Person of sound mind;
prescribed by law, to control to a certain extent the disposition of his estate, (2) Age of eighteen (18) years or more;
to take effect after his death. Art. 783, NCC (3) Not blind, deaf or dumb; and
(4) Able to read and write Art. 820, NCC
Characteristics of a Will: Unilateral; Strictly personal act; Free and
voluntary act; Ambulatory or revocable; Formal and solemn; Mortis causa; Persons Disqualified to Become Witnesses to a Will
Individual act (1) Any person not domiciled in the Philippines;
(2) Those who have been convicted of falsification of a document,
How Interpreted: If a testamentary disposition admits of different perjury or false testimony
interpretations, in case of doubt, that interpretation by which the disposition
is to be operative shall be preferred; Conflict Rules
Interpretation Favoring Validity
Acts that cannot be delegated to third persons: ● The instrument should receive the most favorable construction to
(1) Designation of heirs, devisees and legatees; accomplish the purpose intended by the testator.
(2) Duration/efficacy of designation; and ○ If a testamentary disposition admits of different interpretations, in
(3) Determination of portions, when referred to by name. Art. 785, NCC case of doubt, that interpretation by which the disposition is to be
Applicable Law as to Form and Substance of a Will operative shall be preferred. [Art. 788, NCC]
● Filipino residing in the Philippines: PH Laws ● If the language of the testamentary disposition is plain and
● Filipino living in a foreign country: unambiguous, courts are not permitted to wrest it from its natural
a) PH Laws meaning.
b) Law of the place where the Filipino may be found at the Modes of Revocation of Wills and Testamentary Dispositions
moment Art. 17 & 815, NCC (1) Implication of law;
● Foreigner in a foreign country: (2) Some will, codicil, or other writing executed; or
a) Law of the place where he resides (3) Physical destruction:
b) Law pertinent to the formalities observed in his own country a) Overt act of physical destruction;
c) PH Laws Art. 816, NCC b) Intent to revoke (animus revocandi);
● Will of a foreigner in the PH: c) Testamentary capacity of the testator at the time of revocation.
a) PH Laws
b) Law of the country of which he is a citizen. Art. 817, NCC Effect on the Recognition of a Non-Marital Child
The recognition of an illegitimate child does not lose its legal effect, even
Who may make a Will though the will wherein it was made should be revoked. Art. 834, NCC
(1) All individual persons not disqualified by law may make a will; Art.
796, NCC Theory of Dependent Relative Revocation
(2) Testator must be of sound mind at the time of the execution of a will; The original will should remain in full force on the theory that the testator
Art. 798, NCC meant the revocation of the old will to depend upon the efficacy of the new
will.

13
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
Revocation Based on a False Cause XPN: The falsity of the stated cause for institution will set aside the
A revocation of a will based on a false cause or an illegal cause is null and institution, i.e., will make it void, if certain factors are present.
void. Art. 833, NCC Before the institution of heirs may be annulled under article 850 of the Civil
Heirs Code, the following requisites must concur: [Austria v. Reyez, G.R. No. L-
Compulsory Heirs 23079 February 27, 1970]
(1) Legitimate children and descendants, with respect to their ○ First, the cause for the institution of heirs must be stated in the will;
legitimate parents and ascendants; ○ Second, the cause must be shown to be false; and
(2) In default of the foregoing, legitimate parents and ascendants, ○ Third, it must appear from the face of the will that the testator would not
with respect to their legitimate children and descendants; have made such institution if he had known the falsity of the cause.
(3) Widow or widower; Substitution of Heirs
(4) Illegitimate children Art. 887, NCC Appointment of another heir so that he may enter into the inheritance in
Institution of Heirs default of the heir originally instituted. Art. 857, NCC
An act by virtue of which the testator designates in his will the person or Causes of Substitution: Predecease; Renunciation/Repudiation or
persons who are to succeed him in his property and transmissible rights Incapacity Art. 859, NCC
and obligation. Art. 840, NCC
Fideicommissary Substitution vs. Testamentary Trusts:
Limitations on the Institution of Heirs FIDEICOMMISSARY TESTAMENTARY TRUST
● One who has no compulsory heirs may dispose by will of all his estate SUBSTITUTION
or any part of it in favor of any person having capacity to succeed. It is an indirect substitution by A trust agreement created by will
● One who has compulsory heirs may dispose of his estate provided he virtue of which a testator institutes to take effect upon the death of
does not contravene the provisions of this Code with regard to the a first heir, and charges him to the trustor and will be subject to
legitime of said heirs. Art. 842, NCC preserve and transmit the whole probate; it involves the
Collective Institution or part of the inheritance later on management of properties and/or
Applicability to a second heir. (ART. 863, NCC) funds upon death of testator,
Art. 847 and Art. 849 of the NCC apply when the testator institutes some pending full distribution to
heirs individually and others collectively. beneficiaries subject to conditions
There is a collective institution of heirs when a group of individuals is called set forth in the trust. (Black’s Law
Dictionary)
to inherit as one (1) unit, as opposed to individually.
Legitime
GEN: A collective institution of some heirs, when made in conjunction with
the individual institution of other heirs, shall be deemed as an individual Part of the testator’s property which he cannot dispose of, because the law
has reserved it for his compulsory heirs.
institution.
Collation in Connection with the Computation of Legitime
XPN: Where it is clear that the testator intended to institute the heirs
collectively, then the will of the testator shall be given effect. [Art. 847, NCC] To bring back or to return to the hereditary mass in fact or by fiction
property which came from the estate of the decedent, during his lifetime by
Proscription Against Successive Institution donation or other gratuitous title but which the law considers as an advance
The Civil Code contains no express proscription against the collective from the inheritance. Art. 1061, NCC
institution of heirs. However, Art. 847 NCC provides for a presumption
against collective institutions, where it is made in conjunction with Table of Legitime
individual institutions of heirs. Combinations of Compulsory Legitime Under the Civil Code
Heirs
Art. 847, NCC provides that if the testator institutes some heirs individually, LC (1 or more) 1/2 Art. 888, NCC
and others collectively, those collectively instituted shall be presumed to 1LC 1/2
have been individually instituted. SS 1/4 Aart. 892, NCC
Institution Based on a False Cause 2 or more LC 1/2
Applicability of Art. 850, NCC SS = 1 LC Art. 897, NCC
● Art. 850 pertains to institution of heirs based on a false cause, which is LC 1/2
generally valid, but void in exceptional cases, depending on certain SS 1/4 or = 1LC
factors. Distinguish this from revocations based on false cause which IC 1/2 of 1 LC Art. 892, 895, NCC
is void under Art. 833, NCC. LPA 1/2 Art. 889, NCC
● Note that the testator has the absolute freedom to revoke and absolute LPA 1/2
freedom to institute, regardless of any reason, these are components IC 1/4 Art. 896, NCC
of testamentary freedom. LPA ½
● But Art. 833 and 850 limits this freedom, really, to respect the testator’s SS 1/4 Art. 893, NCC
intent. LPA 1/2
● Also, this article does NOT restrict the operation of Article 1028 in SS 1/8
relation to Article 739 (on prohibited donations) declaring void certain IC 1/4 Art. 899, NCC
testamentary dispositions, by reason of public policy. The annulling IC 1/2 Art. 901, NCC
factor in those two articles is not falsity but illegality. SS 1/3
Rules IC 1/3 Art. 894, NCC
General Rule: The falsity of the stated cause for the testamentary SS 1/3 or 1/2 Art. 900, NCC
institution does NOT affect the validity or efficacy of the institution. Thus, IP 1/4
the mere fact that the testator gives a reason for an institution, and it is SS 1/4 Art. 903, NCC
later proved that such reason is false, does not invalidate the institution. IP 1/2 Art. 903, NCC
Institutions based on false causes are generally valid, because they are Adopter 1/2
deemed based on the testator’s liberality. LPA/IP 1/2 Art. 190, FC

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 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
Adopter 1 whole Art. 190, FC (4) Convicted of adultery or concubinage with the spouse of the
testator;
Impairment of Legitime
Remedy: Annulment of institution and reduction of legacies and devises. (5) By fraud, violence, intimidation, or undue influence causes the
Art. 854, NCC testator to make a will or to change one already made;
(6) Loss of parental authority for causes specified in this Code;
Presumptive Legitime (7) Refusal to support the children or descendants without justifiable
An advance on the legitime which is given to the children after the cause;
termination of the marriage of their parents either by declaration of void (8) Attempt by one of the parents against the life of the other Art. 920,
marriages or annulment under Art. 43 & Art. 44 of the Family Code and NCC
Arts. 40 & 45 in relation to Art. 51 of the same code, which comprises of
1/2 of the value of the spouses’ conjugal properties at the date of the final ● Of a Spouse:
judgment. (1) Convicted of an attempt against the life of the testator, his or her
descendants, or ascendants;
Preterition (2) Spouse has accused the testator of a crime for which the law
Requisites prescribes imprisonment of six years or more, and the accusation
(1) Omitted heir is a compulsory heir in the direct line; has been found to be false;
(2) Complete and total omission; (3) By fraud, violence, intimidation, or undue influence cause the
(3) Omitted compulsory heir survives the testator. testator to make a will or to change one already made;;
Governing Law (4) Spouse has given cause for legal separation;
1. New Civil Code; (5) Spouse has given grounds for the loss of parental authority;
2. Special laws; (6) Unjustifiable refusal to support the children or the other spouse.
3. Jurisprudence. Art. 921, NCC
Conditional Dispositions and Dispositions Effects of Reconciliation
An absolute condition not to contract a first or subsequent marriage shall A subsequent reconciliation between the offender and the offended person
be considered as not written unless such condition has been imposed on deprives the latter of the right to disinherit, and renders ineffectual any
the widow or widower by the deceased spouse, or by the latter's disinheritance that may have been made. Art. 922, NCC
ascendants or descendants. Art. 874, NCC Legacies and Devises
Disposicion Captatoria: Void. Art. 875, NCC ● Legacy - Gift of personal property given in a will.
● Devise - Gift of real property given in a will.
Modal Institution: An obligation imposed upon the heir, without suspending,
as a condition does, the effectivity of the institution: Requisite: Valid insofar as they are not inofficious
a) Must be clearly imposed as an obligation in order to be considered Property Not Owned by the Testator:
as one. Mere preferences or wishes expressed by the testator are General Rule: If the legacy/devise of a thing only owned in part by the
not modes. testator what is conveyed is only the interest or part owned by the testator.
b) A mode functions similarly to a resolutory condition. [Art. 929, NCC]
Void Testamentary Dispositions XPN: If testator provides otherwise, he can either convey:
(1) Any charge, condition or substitution whatsoever upon the ● More than he owns [Art. 930 & 931, NCC]
legitimes; Art. 872, NCC ○ In this case, the estate should try to acquire the part or interest
(2) Impossible and illegal conditions; Art. 873, NCC owned by other parties.
(3) Absolute condition not to contract a first or subsequent marriage ○ If the other parties are unwilling to alienate (or the other parties are
unless imposed on the widow or widower by the deceased spouse, asking for an unreasonable price), the estate should give the
or by the latter’s ascendants or descendants; Art. 874, NCC legatee/devisee the monetary equivalent (by analogy with Article
(4) Scriptura captatoria or legacy-hunting dispositions Art. 875, NCC 931, NCC).
Disinheritance ○ The validity of the disposition as to the part or interest not owned
● Of children and descendants: by the testator will be determined by the provisions of Articles 930
(1) Guilty of an attempt against the life of the testator, his or her and 931 (pertaining to devises/Legacies of a Thing Owned by
spouse, descendants, or ascendants; Another).
(2) Convicted of adultery or concubinage with the spouse of the ● Less than he owns [Art. 794, NCC]
testator; Rules if the Thing is Owned by Another
(3) By fraud, violence, intimidation, or undue influence causes the 1. If the testator ordered the acquisition of the thing -
testator to make a will or to change one already made; ● The order should be complied with.
(4) Refusal without justifiable cause to support the parent or ● If the owner is unwilling to part with the thing, the legatee/devisee
ascendant who disinherits such child or descendant; should be given the monetary equivalent.
(5) Maltreatment of the testator by word or deed; 2. If the testator erroneously believed that the thing belonged to him -
(6) Child or descendant leads a dishonorable or disgraceful life ● GR: Legacy/devise void. [see Void Testamentary Dispositions, Art.
(7) Conviction of a crime which carries with it the penalty of civil 930, NCC]
interdiction. Art. 919, NCC ● XPN: If, subsequent to the making of the disposition, the thing is
● Of parents and ascendants: acquired by the testator onerously or gratuitously, the disposition
(1) Parents have abandoned their children or induced their daughters is validated.
to live a corrupt or immoral life, or attempted against their virtue; 3. If the testator knew that the thing did not belong to him but did not order
(2) Convicted of an attempt against the life of the testator, his or her its acquisition.
spouse, descendants, or ascendants; Ineffective Legacies/Devises
(3) Parent or ascendant has accused the testator of a crime for which ● The thing already belongs to the legatee or devisee at the time of
the law prescribes imprisonment for six years or more, if the the execution of the will.
accusation has been found to be false; ● Legatee or devisee subsequently alienates the thing.

15
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
● After alienating the thing, the legatee or devisee subsequently Successional Rights of Adopting Parents
reacquires it gratuitously Classified as secondary compulsory heirs because of the fact that under
● After alienating the thing, the legatee or devisee acquires it by our law, they cannot inherit from their child or descendant if they concur
onerous title. with legitimate children or descendants of the latter.
Successional Rights of Marital and Non-Marital Children: Adopted
INTESTATE SUCCESSION children are entitled to the same successional rights as legitimate children.
General Provisions; Relationship and Right of Representations ● Exception: If the adopter is survived by his legitimate parents or
(1) Preference Between Lines: Those in the direct descending line shall ascendants and by his adopted child, the latter shall not have more
exclude those in the direct ascending and collateral lines; successional rights than an acknowledged natural child.
(2) Proximity: Nearer relatives exclude farther relatives, save for the right Successional Rights of the Surviving Spouse: Succeed to the entire
of representation; ART. 962 [1], NCC estate, subject to the concurrent rights of brothers and sisters, nephews
(3) Equal Division: All of those in the same degree inherit in equal shares; and nieces.
ARTS. 962 [2], 987, 1006, NCC
Successional Rights of Collateral Relatives: Shall succeed to the entire
(4) Double Share for Full Blood Collaterals: When full and half-blood
brothers or sisters, nephews or nieces, survive, the full blood shall estate in the absence of legitimate descendants, legitimate ascendants,
take a portion in the inheritance double that of the half-blood; ARTS. illegitimate children, and the surviving spouse.
1006, NCC ● XPN: When brothers and sisters, nephews and nieces concur with the
(5) Iron Curtain Rule: Illegitimate child cannot inherit by intestate surviving spouse.
succession from the legitimate family of his illegitimate father and
vice-versa. ART. 992, NCC PROVISIONS COMMON TO TESTATE AND INTESTATE
Causes of Intestacy SUCCESSION
Preterition: Consists in the omission in the testator’s will of the forced heirs Capacity to Succeed
or anyone of them, either because they are not mentioned therein, or, Incapacity by Reason of Unworthiness and Effects of Condonation
though mentioned, they are neither instituted as heirs nor are expressly (1) Parents who have abandoned their children or induced their
disinherited." Neri v. Akutin, 72 Phil. 323, Nuguid v. Nuguid, supra. daughters to lead a corrupt or immoral life, or attempted against their
Order of Intestate Succession virtue;
(1) Legitimate children or legitimate descendants; (2) Any person who has been convicted of an attempt against the life of
(2) In default of children or descendants, legitimate parents; the testator, his or her spouse, descendants, or ascendants;
(3) In default of legitimate parents, ascendants in the nearest degree; (3) Any person who has accused the testator of a crime for which the law
(4) Illegitimate children or descendants; prescribes imprisonment for six years or more, if the accusation has
(5) Surviving spouse; been found groundless;
(6) Brothers, sisters, nephew and nieces; (4) Any heir of full age who, having knowledge of the violent death of the
(7) Collateral relatives within the 5th degree must all be relatives in the testator, should fail to report it to an officer of the law within a month,
legitimate line; unless the authorities have already taken action; this prohibition shall
(8) State not apply to cases wherein, according to law, there is no obligation to
Rule of Proximity and Rule of Equality make an accusation;
Exceptions to the Rule of Proximity and Rule of Equality (5) Any person convicted of adultery or concubinage with the spouse of
(1) Rule of preference between Lines; the testator;
(2) Distinction between legitimate and illegitimate filiation; (6) Any person who by fraud, violence, intimidation, or undue influence
(3) Rule of division by line in the ascending line; Art. 987[2], NCC should cause the testator to make a will or to change one already
(4) Distinction between full-blood and half-blood relationship among made;
brothers and sisters, as well as nephews and nieces. Art. 1006 & (7) Any person who by the same means prevents another from making a
1008 NCC will, or from revoking one already made, or who supplants, conceals,
or alters the latter's will;
Determination of Heirs
(8) Any person who falsifies or forges a supposed will of the decedent.
● If the Institution fails, Substitution occurs. Art. 1032, NCC
● If there is no substitute, the right of Representation applies in the direct
descending line to the legitime if the vacancy is caused by Effect of condonation: Cause of unworthiness shall be without effect. Art.
1033, NCC
predecease, incapacity, or disinheritance.
● The right of Accretion applies to the free portion when the requisites Incapacity by Reason of Morality
in Art. 1016 are present. (1) Those made in favor of a person with whom the testator was guilty of
● If there is no substitute, and the right of Representation or Accretion adultery or concubinage at the time of the making of the will;
are not proper, the rules on Intestate succession shall apply. (2) Those made in consideration of a crime of which both the testator and
the beneficiary have been found guilty;
Successional Barrier
(3) Those made in favor of a public officer or his spouse, descendants
Iron Curtain Rule - Provides that the illegitimate family cannot inherit by
and ascendants, by reason of his public office.
intestate succession from the legitimate family and vice-versa. Art. 992,
NCC Incapacity by Reason of Possible Undue Influence
Aquino v. Aquino (G.R. Nos. 208912 and 209018, December 7, 2021) (1) The priest who heard the confession of the testator during his last
A child whose parents did not marry each other can inherit from their illness, or the minister of the gospel who extended spiritual aid to him
grandparent by their right of representation, regardless of the during the same period;
grandparent’s marital status at the birth of the child’s parent. (2) The relatives of such priest or minister of the gospel within the fourth
degree, the church, order, chapter, community, organization, or
Successional Rights of Adopted Children: Adopted is deemed a institution to which such priest or minister may belong;
legitimate child of the adopter, but still remains as an intestate heir of his (3) A guardian with respect to testamentary dispositions given by a ward
natural parents and other blood relatives. Art. 189, Family Code in his favor before the final accounts of the guardianship have been

16
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
approved, even if the testator should die after the approval thereof; OBLIGATIONS AND CONTRACTS
nevertheless, any provision made by the ward in favor of the guardian
when the latter is his ascendant, descendant, brother, sister, or OBLIGATIONS
spouse, shall be valid;
(4) Any attesting witness to the execution of a will, the spouse, parents,
or children, or any one claiming under such witness, spouse, parents, GENERAL PROVISIONS
or children; An obligation is a juridical necessity to give, to do or not to do. Art. 1156,
NCC
(5) Any physician, surgeon, nurse, health officer or druggist who took
care of the testator during his last illness; Essential Elements
(6) Individuals, associations and corporations not permitted by law to (1) Juridical or legal tie
inherit. Art. 1027, NCC (2) Active subject
(3) Passive subject
2. Right of Representation in Testacy and Intestacy
(4) Fact, prestation or service
Requisites
(1) Inheritance is conferred by law Sources of Obligation
(2) Occurred in the following instances: Predecease of an heir; 1. Law;
Incapacity or unworthiness; Disinheritance Art. 923, NCC 2. Contracts;
Limitations 3. Quasi-contracts;
● In the collateral line, representation takes place only in favor of the 4. Delict; and
children of the brothers or sisters (i.e., nephews and nieces) 5. Quasi-delicts.
whether of the full or half-blood Art. 972, NCC and only if they concur
with at least one uncle or aunt. NATURE AND EFFECTS OF OBLIGATIONS
● If the children survive alone, they inherit in their own right and share
in equal proportions or per capita. Breaches of Obligations
● Right of representation in the collateral line is only possible in Fraud may be defined as the voluntary execution of a wrongful act, or a
INTESTATE succession. willful omission, knowing and intending the effects which naturally and
● No representation in repudiation. necessarily arise from such act or omission. Legaspi Oil Co. v. CA, G.R. No.
96505 [1993]
Right of Accretion in Testamentary Succession and in Intestacy
Remedies for Breach of Obligation
Requisites
(1) Principal Remedies: Specific Performance, Substitute
(1) That two or more persons be called to the same inheritance, or to
Performance, Damages, Rescission
the same portion thereof, pro indiviso; and
(2) Subsidiary Remedies: Accion Subrogatoria and Accion Pauliana
(2) That one of the persons thus called die before the testator, or
renounce the inheritance, or be incapacitated to receive it. Art. 1016,
NCC DIFFERENT KINDS OF OBLIGATIONS
Limitations: Does not apply to the legitime of compulsory heirs ● Pure, Conditional, or with a period; ART. 1179-1198, NCC
Acceptance and Repudiation of Inheritance ● Alternative or Facultative; ART. 1199-1206, NCC
Who may accept or repudiate ● Joint or Solidary; ART. 1207-1222, NCC
(1) Any person having the free disposal of his property may accept or ● Divisible or Indivisible; ART. 1223-1225, NCC
repudiate an inheritance; ● With a Penal Clause; ART. 1226-1230, NCC
(2) Any inheritance left to minors or incapacitated persons may be
accepted by their parents or guardians. Parents or guardians may EXTINGUISHMENT OF OBLIGATIONS
repudiate the inheritance left to their wards only by judicial Payment
authorization; Payment is not only delivery but also the performance of any other manner
(3) The right to accept an inheritance left to the poor shall belong to the
of an obligation. Art. 1232, CC
persons designated by the testator to determine the beneficiaries
and distribute the property, or in their default, to those mentioned in a) Concept of Payment
Article 1030. Art. 1030, NCC Payment is not only delivery but also the performance of any other manner
of an obligation. [Art. 1232, CC]
Forms of Repudiation
Made in a public or authentic instrument, or by petition presented to the b) Payment by Cession vs. Dation in Payment
court having jurisdiction over the testamentary or intestate proceedings. Dation in Payment Payment by Cession
Art. 1015, NCC Delivery and transmission of Special form of payment where
Effects of Repudiation Compared to Predecease and Incapacity ownership of a thing by the debtor the debtor assigns/abandons ALL
Repudiation, once made, is irrevocable and cannot be impugned. to the creditor as an accepted his property for the benefit of his
EXCEPTION: when it was made through any of the causes that vitiate equivalent of the performance of creditors in order that from the
consent, or when an unknown will appear. the obligation proceeds thereof, the latter may
obtain payment of their credits
If the heir repudiates the inheritance to the prejudice of his own creditors, Requisites Requisites
the latter may petition the court to authorize them to accept it in the name 1. Existence of money obligation 1. There is plurality of debts
of the heir. (Art. 1052) If a person, who is called to the same inheritance as 2. Alienation to the creditor of a 2. There is a plurality of creditors
an heir by will and ab instetato, repudiates the inheritance in his capacity property by the debtor with the 3. Partial or relative insolvency of
as a testamentary heir, he is understood to have repudiated it in both creditor’s consent debtor
capacities. (Art. 1055) 3. Satisfaction of the money 4. Acceptance of the cession by
obligation the creditors
Creditor becomes owner of Creditor does not become owner
property of property

17
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
c) Tender of Payment and Consignation c. Subrogating a third person in the rights of the creditor. [Art. 1291, CC]
Tender of payment Unlike other modes of extinguishment, it is a juridical act of dual function—
Manifestation made by the debtor to the creditor of his desire to comply it extinguishes an obligation, and at the same time, it creates a new one in
with his obligation, with offer of immediate performance. [Del Carmen v. Sps. lieu of the old. It operates as a relative, not an absolute, extinction.
Sabordo, G.R. No. 181723 (2014)]
b) Expressed and Implied Novation
Consignation (1) A previous valid obligation
Deposit of the object of obligation in a competent court in accordance with
(2) Agreement of all the parties to the new obligation
the rules prescribed by law whenever the creditor unjustly refuses payment
(3) Animus novandi or intent to novate
or because of some circumstances which render direct payment to the
(4) Substantial difference between old and new obligations and,
creditor impossible or inadvisable.
consequently, extinguishment of the old obligation
Loss of the Thing Due (5) Validity of the new obligation
A thing is lost when: It perishes; or it goes out of commerce; or disappears c) Expromision and Delegacion Distinguished
in such a way that its existence is unknown or it cannot be recovered Art.
1189, NCC
Expromision Delegacion
Initiative for change does not Debtor (delegante) offers or
a) Concept of Loss emanate from the debtor, and initiates the change, and the
A thing is lost when: It perishes; or it goes out of commerce; or disappears may even be made without his creditor (delegatorio) accepts a
in such a way that its existence is unknown or it cannot be recovered Art. knowledge. third person (delegado) as
1189, NCC consenting to the substitution.
b) Requisites Requisites
1. An obligation which consists in the delivery of a determinate thing 1. Consent of the creditor and Consent of:
2. Thing is lost or destroyed the new debtor; and 1. old debtor;
3. Debtor is without fault 2. Knowledge or consent of the 2. new debtor; and
4. Delay not incurred old debtor is not required. 3. creditor.
c) Force Majeure Effects
Requisites of Fortuitous Events: 1. Old debtor is released 1. Insolvency of the new debtor
1. Must be independent of the human will or at least of the obligor's will; 2. Insolvency of the new debtor revives the obligation of the old
2. The event is unforeseeable or if foreseen, unavoidable; does not revive the old obligation debtor if it was anterior and
3. It is of a character that renders it impossible to comply with in a in case the old debtor did not public, and known to the old
normal manner; and agree to expromision. debtor.
4. The obligor is free from any participation in or the aggravation of the 3. If with the knowledge and 2. New debtor can demand
injury to the obligee. consent of the old debtor, the new reimbursement of the entire
debtor can demand amount he has paid from the
Condonation
reimbursement of the entire original debtor. He may compel
Requisites: (1) Gratuitous; (2) Accepted by the obligor; and (3) Complies
amount paid and with subrogation the creditor to subrogate him to all
with required formalities. Art. 1270, NCC
of creditor’s rights. of his rights.
Confusion 4. If without knowledge of the old
Takes places from the time the characters of creditor and debtor are debtor, the new debtor can
merged in the same person. Art. 1275, NCC demand reimbursement only up
Compensation to the extent that the latter has
Extinguishment to the concurrent amount of the debts or obligations of two been benefited without
persons who, in their own right, are reciprocally or mutually principal subrogation of creditor’s rights.
debtors and creditors of each other. d) Legal and Conventional Subrogation
a) Requisites ● Conventional Subrogation – takes place by agreement of parties
1. Each obligor is bound principally, and at the same time a principal ● Legal Subrogation - Takes place by operation of law
creditor of the other Legal subrogation is not presumed, except in the following circumstances:
2. Both debts must consist in a sum of money, or if the things due are a. When creditor pays another creditor who is preferred, even without the
fungible, of the same kind and debtor’s knowledge
3. quality b. When a third person not interested in the obligation pays with the
4. Both debts are due express or tacit approval of the debtor
5. Debts are liquidated and demandable c. When, even without the knowledge of the debtor, a person interested
6. There must be no retention or controversy over either of the debts, in the fulfillment of the obligation pays, without prejudice to the effects
commenced by third persons and communicated in due time to the of confusion as to the latter’s share [Art. 1302, CC]
debtor
Novation CONTRACTS
Extinguishment by the substitution or change of the obligation by a
subsequent one which terminates the first, either by changing the object or GENERAL PROVISIONS
principal conditions, or by substituting the person of the debtor, or A contract is a meeting of minds between two persons whereby one binds
subrogating a third person in the rights of the creditor. CCC Insurance Corp. himself, with respect to the other, to give something or to render some
v. Kawasaki Steel Corp., G.R. No. 156162 [2015]
service. Art. 1305, NCC
a) Concept of Novation Elements of a Contract
Obligations may be modified by:
(1) Common Elements
a. Changing their object or principal conditions;
(2) Special Elements - present only in certain contracts (e.g. real
b. Substituting the person of the debtor; and
contracts – delivery or solemn contracts – form).

18
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
(3) Extraordinary Elements - peculiar to specific contracts (e.g. Grounds for Rescission:
price in a contract of sale). (1) Entered into by guardians whenever the wards whom they represent
Natural Elements: Those which are derived from the nature of the contract suffer lesion by more than one-fourth of the value of the things which
and ordinarily accompany the same; they are presumed by law, although are the object thereof;
they can be excluded by the contracting parties if they so desire (e.g. (2) Agreed upon in representation of absentees, if the latter suffer the
warranty against eviction in a contract of sale). lesion stated in the preceding number;
(3) Undertaken in fraud of creditors when the latter cannot in any other
manner collect the claims due them;
BASIC PRINCIPLES OF CONTRACTS (4) Refer to things under litigation if they have been entered into by the
Obligatory Force of Contracts defendant without the knowledge and approval of the litigants or of
Obligations arising from contracts have the force of law between the competent judicial authority;
contracting parties and should be complied with in good faith. ART. 1159, (5) All other contracts specially declared by law to be subject to rescission.
NCC (6) Payments made in a state of insolvency for obligations to whose
Autonomy fulfillment the debtor could not be compelled at the time they were
The contracting parties may establish such stipulations, clauses, terms and effected, are also rescissible. Art. 1382, NCC
conditions as they may deem convenient, provided they are not contrary Voidable Contracts
to law, morals, good customs, public order, or public policy. ART. 1306, NCC Contracts that are valid until they are annulled and are susceptible to
Mutuality ratification. Art. 1390 & 1392, NCC
The contract must bind both contracting parties; Its validity or compliance (1) One of the parties is incapable of giving consent to a contract;
cannot be left to the will of one of them. ART. 1308, NCC (2) Consent is vitiated by mistake, violence, intimidation, undue influence
or fraud; Art. 1390, NCC
Relativity
Contracts take effect only between the parties, their assigns and heirs, the Unenforceable Contracts
latter being liable only to the extent of the property received from the Valid contracts but cannot be enforced in a proper action in court unless
decedent. ART. 1311, NCC they are ratified.
Grounds:
Consensuality (1) Absence of authority;
Contracts are perfected by mere consent of the parties, except real (2) Violation of statute of frauds;
contracts which are not perfected until the delivery of the object of the (3) Incapacity of both parties. Art. 1403, NCC
obligation. ART. 1316, NCC
Statute of Frauds
Reformation of Instruments ● Those which cannot be enforced by a proper action in court, unless
Requisites they are ratified, because, either they are entered into:
1. There must be a meeting of the minds of the contracting parties (1) Without or in excess of authority; or
2. Their True intention is not expressed in the instrument; (2) Do not comply with the statute of frauds; or
3. Such Failure to express their true intention is due to mistake, fraud, (3) Both the contracting parties do not possess the required legal
inequitable conduct, or accident; and capacity. Art. 1403, NCC
4. There is Clear and Convincing proof of mistake, fraud, inequitable ● Characteristics:
conduct, or accident (Huibonhoa vs. COA, 320 SCRA 625). (1) Cannot be enforced by a proper action in court. Art. 1403, NCC
(2) Susceptible of ratification. Art. 1403, 1405, 1407 and 1371, NCC
ESSENTIAL REQUISITES OF A CONTRACT (3) Cannot be attacked or assailed by third persons. Art. 1408, NCC
Consent Void Contracts
Manifested by the meeting of the offer and the acceptance upon the thing One which has no force and effect from the very beginning.
and the cause which are to constitute the contract. Art. 1359, NCC (1) Cause, object or purpose is contrary to law, morals, good customs,
Object public order or public policy;
(1) All things which are not outside the commerce of men, including future (2) Absolutely simulated or fictitious;
things, may be the object of a contract; (3) Those whose cause or object did not exist at the time of the transaction;
(2) No contract may be entered into upon future inheritance except in (4) Object is outside the commerce of men;
cases expressly authorized by law; (5) Contemplate an impossible service;
(3) All services which are not contrary to law, morals, good customs, public (6) Intention of the parties relative to the principal object of the contract
order or public policy may likewise be the object of a contract; Art. 1347, cannot be ascertained;
NCC (7) Expressly prohibited or declared void by law. Art. 1408, NCC
(4) Impossible things or services cannot be the object of contracts; Art.
1348, NCC SPECIAL CONTRACTS
(5) The object of every contract must be determinate as to its kind. Art.
1349, NCC
SALES
Cause or Consideration
It is the essential reason of contracting party to assume obligation in a DEFINITION AND ESSENTIAL REQUISITES
contract. Republic v. Cloribel, G.R. No. L-27905 [1970]
One whereby one of the contracting parties obligates himself to transfer
the ownership and to deliver a determinate thing, and the other to pay
DEFECTIVE CONTRACTS therefor a price certain in money or its equivalent. Art. 1458, NCC
Rescissible Contracts Requisites
Contracts where all essential elements are present and such contract (1) Consent or meeting of the minds to transfer ownership in exchange for
should have been valid but by reason of damage or injury to third persons, the price;
can be rescinded. (2) Object which must be a determinate subject matter; and

19
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
(3) Cause or the price certain in money or its equivalent. thing by purchase or dation in payment, or by any other transaction
whereby ownership is transmitted by onerous title. Art. 1619, NCC
CONTRACT OF SALE
EQUITABLE MORTGAGE
Contract to Sell One that lacks the proper formalities or requisites prescribed by law for a
CONTRACT OF SALE CONTRACT TO SELL mortgage, but shows the intention of the parties to make the property
Ownership is transferred upon Ownership is only transferred upon full subject of the contract as security for a debt. Cachola v. CA, G.R. No. 97822
delivery payment of price Art. 1478, NCC [1992]
Option Contract: Contract where one person (the offeror/promissor) ● When in doubt, courts are generally inclined to construe a transaction
grants to another person (the offeree/promisee) the right or privilege to buy purporting it to be a sale as an equitable mortgage, which involves a
(or to sell) a determinate thing at a fixed price, if he or she chooses to do lesser transmission of rights and interest over property in controversy.
so within an agreed period. Equatorial v. Mayfair, G.R. No 106063 [1916] ART. 1603, NCC
Right of First Refusal: When a lease contract contains a right of first
refusal, the lessor is under a legal duty to the lessee not to sell to anybody PACTO DE RETRO SALE
at any price until after he has made an offer to sell to the latter at a certain ● Sale with the right to repurchase.
priced the lessee has failed to accept it. ● The right to redeem must be reserved by the seller through a
stipulation to that effect in the contract of sale. Villarica v. CA, G.R. No.
L-19196 [1968]
DOUBLE SALES ● The essence of pacto de retro sale is that title and ownership of the
If the same thing should have been sold to different vendees, the
property sold is immediately vested in the vendee a retro, subject to
ownership shall be transferred to the person who may have first taken
the restrictive condition of repurchase by the vendor a retro within the
possession thereof in good faith, if it should be movable property. Art. 1544,
redemption period. Misterio v. Cebu State College of Science and
NCC
Technology, G.R. No. 152199 [2005]

RISK OF LOSS
LEASE
A thing is considered as lost:
General Rule: It is understood that the thing is lost when it: KINDS OF LEASE
1. Perishes;
(1) Lease of Things - One of the parties binds himself to give to another
2. Goes out of commerce; or
the enjoyment or use of a thing for a price certain, and for a period
3. Disappears in such a way that its existence is unknown or cannot be
which may be definite or indefinite. Art. 1643, NCC
recovered. (Art. 1189(2), NCC)
(2) Lease of Work or Service - One of the parties binds himself to execute
Exception: In an obligation to deliver a generic thing, the loss or destruction a piece of work or to render to the other some service for a price
of anything of the same kind does not extinguish the obligation. (NCC, Art. certain. Art. 1644, NCC
1263) (3) Consumable goods cannot be the subject matter of a contract of
lease. EXCEPT: Merely to be exhibited or when they are accessory
BREACH OF CONTRACT OF SALE to an industrial establishment. Art. 1645, NCC
(1) Specific performance;
(2) Rescission; RIGHTS AND OBLIGATIONS OF LESSOR
(3) Damages Art. 1591, NCC Rights of the Lessor
Recto Law (1) Right to collect rent;
● Covers contracts of sale of personal property by installments. (2) Right to rescission;
● It also applies to contracts purporting to be leases of personal property (3) Right to judicially eject the lessee;
with option to buy, when the lessor has deprived the lessee of the (4) Right to useful improvements upon payment of ½ of the value of the
possession or enjoyment of the thing. PCI v. Giraffe-X, G.R. No. 142618 improvements at that time. Arts. 1657, 1659, 1673, and 1678, NCC
[2007] Obligations of the Lessor
Maceda Law (1) To deliver the thing which is the object of the lease contract in such
Applies in all transactions or contracts involving the sale or financing of real a condition as to render it fit for the use intended;
estate on installment payments, including residential condominium (2) During the lease, to make all the necessary repairs in order to keep
apartments but excluding industrial lots, commercial buildings and sales. it suitable for the use to which it has been devoted, unless there is
Sec. 3, Maceda Law a stipulation to the contrary;
Requirements for Valid Rescission (3) To maintain the lessee in the peaceful and adequate enjoyment of
● The Maceda Law is the real estate equivalent of the Recto Law. the lease for the entire duration of the contract.
● It does not apply to sales of:
(1) Industrial lots; RIGHTS AND OBLIGATIONS OF LESSEE
(2) Commercial buildings and lots; and Rights of the Lessor
(3) Lands under CARP Law. Sec. 3, R.A. 6552 (1) Right to choose to rescind or proportional reduction of price in case
of partial destruction; Art. 1655, NCC
EXTINGUISHMENT OF SALE (2) Right to suspend payment if lessor fails to make necessary repairs
Extinguished by the same causes as all other obligations. or to maintain the lessee in peaceful and adequate enjoyment of the
property leased; Art. 1658, NCC
Conventional Redemption: Takes place when the vendor reserves the
(3) Right to rescission; Art. 1659, NCC
right to repurchase the thing sold. Art. 1601, NCC
Legal Redemption: Right to be subrogated, upon the same terms and Obligations of the Lessor
(1) To pay the price according to the terms stipulated;
conditions stipulated in the contract, in the place of one who acquires a

20
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
(2) To use the thing leased as would a diligent father of a family, (ii) The depositary of property or objects sequestrated cannot be
devoting it to the use stipulated, and in the absence of stipulation, relieved of his responsibility until the controversy which gave rise
to that which may be inferred from the nature of the thing leased, thereto has come to an end, unless the court so orders. ART. 2007,
according to the custom of the place; and NCC
(3) To pay the expenses for the deed of lease. (iii) As to matters not provided in the Civil Code, judicial sequestration
shall be governed by the Rules of Court.
AGENCY (2) Extra-judicial Deposit
(i) Voluntary: Delivery is made by the will of the depositor or by two
or more persons each of whom believes himself entitled to the
A person binds himself to render some service or to do something in
thing deposited with a third person who shall deliver it to the one
representation or on behalf of another, with the consent or authority of the
to whom it belongs. ART. 1968, NCC
latter. Art. 1868, NCC
(ii) Necessary:
Obligations of the Agent a. When it is made in compliance with a legal obligation; ART.
(1) Obey all lawful orders and instructions of principal within the scope of 1996, NCC
the agency; b. When it takes place on occasion of any calamity; (Ibid.)
(2) Act with utmost good faith and loyalty for furtherance of principal’s c. Deposit of effects made by travellers in hotels and inns; ART.
interest (Duty of Loyalty); and 1998, NCC or
(3) Exercise reasonable care, skill and diligence (Duty of Diligence). d. By travellers with common carriers. ART. 1733, NCC
Obligations of the Principal ● Note: The hotel- or inn-keepers shall be responsible for them as
(1) Comply with all obligations which the agent may have contracted depositaries, provided that notice was given to them or to their
within the scope of his authority; Art. 1910(1), NCC employees, and that the guests take the precautions which said hotel-
(2) Advance to the agent, should the latter so request, the sums keepers, or their substitutes advised relative to the care and vigilance
necessary for the execution of the agency; Art. 1912, NCC of their effects. (Ibid.)
(3) Reimburse the agent for all advances made by him, even if the
business or undertaking was not successful, provided the agent is free GUARANTY AND SURETYSHIP
from fault; Ibid. ● Guaranty: A contract whereby a person called the guarantor binds
(4) Indemnify the agent for all damages which the execution of the agency himself to the creditor to fulfill the obligation of the principal debtor in
may have caused the latter without fault or negligence on his part; Art. case the latter fails to do so. ART. 2047 (1), NCC
1913, NCC ● Suretyship: A contract whereby one person engages to be answerable
(5) Pay the agent the compensation agreed upon, or if no compensation for the debt, default or miscarriage of the principal. Visayan Surety and
was specified, the reasonable value of the agent’s services. Insurance Corporation v CA, G.R. No. 127261 [2001]
Modes of Extinguishing an Agency ● Note: The contract of suretyship must be in writing to be enforceable.
(1) Expiration of the period for which the agency was constituted; ART. 1403, NCC
(2) Death, civil interdiction, insanity or insolvency of the principal or of the ● Benefit of Excussion: Right in which the guarantor cannot be compelled
agent; to pay the creditor unless the latter has exhausted all the properties of
(3) Withdrawal of the agent; the principal debtor, and has resorted to all of the legal remedies
(4) Accomplishment of the object or purpose of the agency; against such debtor. ART. 2058, NCC
(5) Revocation; ● How Exercised:
(6) Dissolution of the firm or corporation which entrusted or accepted the (1) Demand for payment upon the guarantor only after judgment upon
agency. the debt; and
(2) Point out the available property (not in litigation or encumbered) of
CREDIT TRANSACTIONS the debtor within the Philippines. ART. 2060, NCC
● Benefit of Division: Should there be several guarantors of only one
LOANS debtor and for the same debt, the obligation to answer for the same is
Kinds divided among all. ART. 2065, NCC
(1) Commodatum - Something not consumable so that the borrower or ● Extinguishment of Guaranty:
bailee may use the same for a certain time and return it. (1) When principal obligation is extinguished, ART. 2076, NCC
(2) Mutuum - Money or other consumable thing, upon the condition that (2) The same causes as other obligations, (Ibid.)
the same amount of the same kind and quality shall be paid. (3) If the creditor voluntarily accepts properties in payment of the debt,
ART. 2077, NCC
Interest
● GR: Interest due and unpaid shall not earn interest. Arts. 1959, NCC (4) Release in favor of one of the guarantors, ART. 2078, NCC
(5) Extension granted to the debtor by the creditor without the consent
● XPN: It shall earn legal interest from the time it is judicially demanded;
of the guarantor, ART. 2079, NCC
Arts. 2212, NCC and then there is a stipulation by the parties. Arts. 1956,
NCC (6) Whenever by some act of the creditor, the guarantors cannot be
subrogated to the rights, mortgages and preferences of the former.
ART. 2080, NCC
DEPOSIT
● Definition: A contract constituted from the moment a person receives a
thing belonging to another with the obligation of safely keeping it and of
returning the same. ART. 1962, NCC
● Kinds of Deposit:
(1) Judicial deposit (Sequestration): when an attachment or seizure
of property in litigation is ordered. ART. 2005, NCC
(i) Movable as well as immovable property may be the object of
sequestration. ART. 2006, NCC

21
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
REAL ESTATE MORTGAGE QUASI-CONTRACTS
● Requisites:
(1) Secure fulfillment of the principal obligation; ART. 2085, NCC NEGOTIORIUM GESTIO
(2) Absolute ownership by mortgagor of the thing mortgaged; (Ibid.) Requisites:
(3) Free disposal of property; (Ibid.) (1) Person voluntary takes charge;
(4) Cannot exist without a valid obligation; (2) Takes charge of the agency or management of a business or property
(5) Thing mortgaged may be alienated for payment of the principal belonging to another;
obligation which is due; (Ibid.) and (3) Property or business is neglected or abandoned; and
(6) Public document recorded in the Registry of Deeds. ART. 2125, NCC (4) Manager has not been tacitly authorized by the owner.
● Objects:
SOLUTIO INDEBITI
(1) Immovable;
Requisites
(2) Alienable real rights imposed upon immovable; ART. 2124, NCC
(1) Something has been unduly delivered through mistake; and
(3) Future property cannot be the object of a mortgage.
(2) Something was received when there was no right to demand it.
● Kinds of Redemption: Metrobank v. Absolute Management Corp., G.R. No. 170498 [2013]
Right to redeem mortgaged property
after default in the performance of the TORTS AND DAMAGES
Equity of condition of the mortgage but before the
Redemption sale of the mortgaged property or PRINCIPLES
confirmation of sale in judicial
foreclosure. Abuse of Rights
Right to redeem the property within a Every person must, in the exercise of his rights and in the performance of
Right of certain period after it was sold for the his duties, act with justice, give everyone his due, and observe honesty
Redemption satisfaction of the debt in extra-judicial and good faith. (Art. 19, NCC)
foreclosure. Unjust Enrichment
Every person who through an act of performance by another, or any other
● Period of Redemption:
means, acquires or comes into possession of something at the expense of
● Natural/ Juridical Person: One (1) year the latter without just or legal ground, shall return the same to him. (Art. 22,
from registration of the certificate of sale NCC)
with Registry of Deeds.
Liability Without Fault
Extra-Judicial ● Juridical Person (Mortgagor) and Bank
Inducers of Violation
(Act. 3135) (Mortgagee): Three (3) months after
Any third person who induces another to violate his contract shall be liable
foreclosure or before registration of
for damages to the other contracting party. (Art. 1314, NCC)
certificate of foreclosure whichever is
earlier. SEC. 47, GBL Owners of Enterprises and Employers
Owners of enterprises and other employers are obliged to pay
Before confirmation of the sale by the
compensation for the death of or injuries to their laborers, workmen,
court, except when the mortgagee is a
Judicial mechanics or other employees, even though the event may have been
banking institution, redemption will then be
purely accidental or entirely due to a fortuitous cause, if the death or
one (1) year from registration of sale. SEC. personal injury arose out of and in the course of the employment. The
25, P.D. 694
employer is also liable for compensation if the employee contracts any
illness or disease caused by such employment or as the result of the nature
ANTICHRESIS of the employment. If the mishap was due to the employee's own notorious
A contract whereby the creditor acquires the right to receive the fruits of an negligence, or voluntary act, or drunkenness, the employer shall not be
immovable of his debtor, with the obligation to apply them to the payment liable for compensation. When the employee’s lack of due care contributed
of the interest, if owing, and thereafter to the principal of his credit. Art. to his death or injury, the compensation shall be equitably reduced. (Art.
2132, NCC 1711, NCC)
Requisites: Fellow Workers and Employers
(1) Covers only the fruits of an immovable, not the movable itself; Art. If the death or injury is due to the negligence of a fellow worker, the latter
2132, NCC and the employer shall be solidarily liable for compensation. If a fellow
(2) Delivery of the immovable is necessary for the creditor to apply the worker’s intentional or malicious act is the only cause of the death or injury,
fruits; Art. 2132 & 2136, NCC the employer shall not be answerable, unless it should be shown that the
(3) Amount of the principal and the interest shall be specified in writing; latter did not exercise due diligence in the selection or supervision of the
Art. 2134, NCC plaintiff’s fellow worker. (Art. 1712, NCC)
(4) Creditor shall apply the fruits to the payment of the interest, if any,
Engineers and Architects
then to the principal of his credit; Art. 2132, NCC
The engineer or architect who drew up the plans and specifications for a
(5) Debtor cannot reacquire the enjoyment of the immovable without first
building is liable for damages if within fifteen years from the completion of
having totally paid what he owes the creditor. Art. 2136, NCC
the structure, the same should collapse by reason of a defect in those plans
and specifications, or due to the defects in the ground. The contractor is
COMPROMISE likewise responsible for the damages if the edifice falls, within the same
period, on account of defects in the construction or the use of materials of
There is compromise when the matter renounced is in litigation or dispute inferior quality furnished by him, or due to any violation of the terms of the
and in exchange of some concession which the creditor receives. contract. If the engineer or architect supervises the construction, he shall
be solidarily liable with the contractor.

22
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
Acceptance of the building, after completion, does not imply waiver of any a. Was found guilty of reckless driving or violating traffic
of the cause of action by reason of any defect mentioned in the preceding regulations at least twice within the preceding two (2)
paragraph. The action must be brought within ten years following the months. Art. 2184, NCC
collapse of the building. (Art. 1723, NCC) b. Was violating any traffic regulation at the time of the mishap.
Art. 2185, NCC
Animal Possessors
(2) Possession of dangerous weapons or substances that results in
The possessor of an animal or whoever may make use of the same is
injury, except when indispensable in his occupation or business.
responsible for the damage which it may cause, although it may escape or
Art. 2188, NCC
be lost. This responsibility shall cease only in case the damage should (3) Common carrier are presumed to have been at fault or acted
come from force majeure or from the fault of the person who has suffered
negligently in case of death of or injury to passengers, unless they
damage. (Art. 2183, NCC)
prove the exercise of extraordinary diligence. Art. 1756, NCC
Motor Vehicle Owners Strict Liability
In motor vehicle mishaps, the owner is solidarily liable with his driver, if the
A person may be held liable independent of fault or negligence. Negligence
former, who was in the vehicle, could have, by the use of the due diligence,
or intent is immaterial in awarding damages against the defendant in strict
prevented the misfortune. It is disputably presumed that a driver was liability cases.
negligent, if he had been found guilty of reckless driving or violating traffic
regulations at least twice within the next preceding two months. If the
owner was not in the motor vehicle, the provisions of article 2180 are THE TORTFEASOR
applicable. (Art. 2184, NCC) Joint
Manufacturers & Processors of Goods All persons who command, instigate, promote, encourage, advise,
Manufacturers and processors of foodstuffs, drinks, toilet articles and countenance, cooperate in, aid or abet in the commission of a tort, or who
similar goods shall be liable for death or injuries caused by any noxious or approve of it after it is done, if done for their benefit.
harmful substances used, although no contractual relation exists between Direct
them and the consumers. (Art. 2187, NCC) One who is made liable for a tort committed through his own acts.
Proprietors vis-a-vis Engineers & Architects
The proprietor of a building or structure is responsible for the damages
CULPA AQUILIANA VS. CULPA CONTRACTUAL VS. CULPA
resulting from its total or partial collapse, if it should be due to the lack of
necessary repairs. (Art. 2190, NCC) CRIMINAL
Proprietors shall also be responsible for damages caused: ● Governed by Arts. 2176, 1172-1174 of the Civil Code
(1) By the explosion of machinery which has not been taken care of with ● Criminal intent is not necessary.
due diligence, and the inflammation of explosive substances which ● Mere preponderance of evidence is required.
have not been kept in a safe and adequate place; Culpa
● There is no pre-existing contractual obligation.
(2) By excessive smoke, which may be harmful to persons or property; Aquiliana
● Defense of exercise of diligence of a good father of a
(3) By the falling of trees situated at or near highways or lanes, if not
family is a complete and proper defense insofar as
caused by force majeure;
(4) By emanations from tubes, canals, sewers or deposits of infectious parents, guardians, and employees are concerned.
matter, constructed without precautions suitable to the place. Article ● There is no presumption of negligence.
2192. If damage referred to in the two preceding articles should be the ● Governed by Arts. 2176, 1170-1174 of the Civil Code
result of any defect in the construction mentioned in article 1723, the ● Criminal intent is not necessary.
third person suffering damages may proceed only against the engineer ● Mere preponderance of evidence is required.
or architect or contractor in accordance with said article, within the
period therein fixed. (Art. 2191, NCC) ● There is a pre-existing contractual obligation, either
express or implied.
Family Heads Residing in a Building Culpa
● Defense of exercise of diligence of a good father of a
The head of a family that lives in a building or a part thereof, is responsible Contractual
for damages caused by things thrown or falling from the same. (Art. 2193, family in the selection and supervision of employees
NCC) cannot mitigate the liability for damages.
Acts Contrary to Law ● There is a presumption of negligence as long as it is
Every person who, contrary to law, willfully or negligently causes damage proved that there was a contract and it was not carried
to another, shall indemnify the latter for the same. (Art. 20, NCC) out.
Acts Contrary to Morals ● Governed by Art. 365 of the Revised Penal Code;
Any person who willfully causes loss or injury to another in a manner that ● Criminal intent is an essential element.
is contrary to morals, good customs or public policy shall compensate the ● Proof beyond reasonable doubt is required.
latter for the damage. (Art. 21, NCC)
Culpa ● There is no pre-existing contractual obligation.
Criminal ● Defense of exercise of diligence of a good father of a
CLASSIFICATION OF TORTS family is not proper. In case of insolvency, the
Intentional employer is subsidiarily liable.
Independent civil liabilities not arising from an act or omission complained ● The innocence of the accused is presumed.
of as a felony, under Articles 32 and 34 of the Civil Code.
Negligence PROXIMATE CAUSE
● Standard of Care: Diligence of a good father of a family (Pater Cause, which, in natural and continuous sequence, unbroken by any
Familias) Art. 1173, in relation to Art. 2178 efficient intervening cause, produces the injury, and without which the
● Presumptions: result would not have occurred
(1) Motor Vehicle Mishaps: A driver is presumed negligent if he:

23
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
Efficient Intervening Cause - New and independent act which itself is a NEGLIGENCE
proximate cause of an injury, and which breaks the causal connection Omission of that diligence which is required by the nature of the obligation
between the original wrong and the injury. Gerlach v. State, 9 Neb. App. 806 and corresponds with the circumstances of the person, of the time and of
Doctrine of Last Clear Chance the place. Art. 1173, NCC
Elements: Standard of Care: Did the defendant, in doing the alleged negligent act,
(1) Plaintiff’s own negligence puts himself in a dangerous situation; use that reasonable care and caution, which an ordinarily prudent person
(2) Defendant saw or discovered, by exercising reasonable care, the would have used in the same situation?
perilous position of plaintiff; Presumptions of Negligence
(3) In due time to avoid injuring him;
(1) A driver is presumed negligent if he had been found guilty of
(4) Despite notice and imminent peril, defendant failed to employ care to
reckless driving or violating traffic regulations at least twice within
avoid injury; and
the next preceding 2 months;
(5) Injury of plaintiff resulted.
(2) A person driving a motor vehicle is presumed negligent if at the time
of the mishap, he was violating any traffic regulation;
VICARIOUS LIABILITY (3) A defendant is presumed negligent if the death or injury results from
Obligation to indemnify for injury caused is demandable not only for one’s his possession of dangerous weapons or substances, such as
own omission but also for those persons for whom one is responsible. Art. firearms and poison except when the possession or use thereof is
2180, NCC indispensable in his occupation or business. Art. 2188, NCC
Persons Vicariously Liable
(1) Parents, for the damages caused by their minor children who live in DAMAGES
their company; Damages may be defined as the pecuniary compensation, recompense,
(2) Guardians, for damages caused by minors or incapacitated who are or satisfaction for an injury sustained, or, as otherwise expressed, the
under their authority and who live in their company; pecuniary consequences that the law imposes for the breach of some duty
(3) Owners and managers of an establishment or enterprise for the or the violation of some right. People v. Oandasan, G.R. No. 194695 [2016]
damages caused by their employees in the service of the branches in Kinds of Damages
which the latter are employed or on the occasion of their functions; ● Actual and Compensatory Damages: Awarded to a person for such
(4) Employers for damages caused by their employees and household pecuniary loss suffered by him as he has duly proved. Art. 2199, NCC
helpers acting within the scope of their assigned tasks, even though
the former are not engaged in any business or industry; ● Moral Damages: Include physical suffering, mental anguish, fright,
(5) State as to the damages caused by special agents; serious anxiety, besmirched reputation, wounded feelings, moral
(6) Teachers or heads of establishments of arts and trades for damages shock, social humiliation, and similar injury. Art. 2217, NCC
caused by pupils and students or apprentices, so long as they remain ● Nominal Damages: Adjudicated in order that a right of the plaintiff,
in their custody. Ibid. which has been violated or invaded by the defendant, may be
vindicated or recognized, and not for the purpose of indemnifying the
RES IPSA LOQUITUR plaintiff for any loss suffered by him. Art. 2221, NCC
● “The thing or transaction speaks for itself”. ● Temperate or Moderate Damages: Which are more than nominal but
● Control of the instrumentality which caused the damage is a less than compensatory damages, may be recovered when the court
fundamental element. finds that some pecuniary loss has been suffered but its amount
● The doctrine is an exception to the rule that in quasi-delict cases, the cannot, from the nature of the case, be provided with certainty. Art.
burden of proof lies in the plaintiff to show negligence of the 2224, NCC
defendant. ● Liquidated Damages: Those agreed upon by the parties to a contract,
● It has been resorted to settle the issue where no direct evidence can to be paid in case of breach thereof. Art. 2226, NCC
be presented. Jarcia Jr. v. People, G.R. No. 187926 [2012]
● Exemplary or Corrective Damages: Imposed, by way of example or
correction for the public good, in addition to the moral, temperate,
DAMNUM ABSQUE INJURIA liquidated or compensatory damages. Art. 2229, NCC
The legitimate exercise of a person's rights, even if it causes loss to
another, does not automatically result in an actionable injury. The law does When Damages May be Recovered
not prescribe a remedy for the loss. Amonoy v. Spouses Gutierrez, G.R. No. The obligation to repair the damages exists whether done intentionally or
140420 [2001] negligently and whether or not punishable by law [Occena v. Icamina, G.R.
No. 82146 (1990)].
DEFENSES The mere fact that the plaintiff suffered losses does not give rise to a right
1. Due diligence to prevent the damage [Art. 2180, NCC] to recover damages. To warrant the recovery of damages, there must be
2. Acts of public officers both a right of action for a legal wrong inflicted by the defendant, and
3. Authority of law damage resulting to the plaintiff therefrom. Wrong without damage, or
4. Damnum absque injuria damage without wrong, does not constitute a cause of action, since
5. Plaintiff’s negligence is the proximate cause [Art. 2179, NCC] damages are merely part of the remedy allowed for the injury caused by a
6. Plaintiff’s contributory negligence [Arts. 2179, 2214, NCC] breach or wrong [Custodio v. CA, supra].
7. Fortuitous event [Art. 1174, NCC]
8. Plaintiff’s assumption of risk
DAMAGES IN CASE OF DEATH
9. Prescription
● The plaintiff is entitled to the amount that he spent during the wake
10. Waiver
and funeral of the deceased.
11. Emergency Rule
● Defendant is liable for the loss of the earning capacity of the
deceased.

24
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
● If the deceased was obliged to give support, the recipient who is not
an heir called to the decedent’s inheritance by the law of testate or
intestate succession, may demand support from the person causing
the death.
● Not exceeding five (5) years, the exact duration to be fixed by the
court.
● The spouse, legitimate and illegitimate descendants and ascendants
of the deceased may demand moral damages for mental anguish by
reason of the death of the deceased. ART. 2206, NCC

DUTY OF INJURED PARTY

● The injured party is obligated to undertake measures that will alleviate
and not aggravate his condition after the infliction of the injury or
nuisance. The injured party has the burden of explaining why he did
not do so. ART. 2203, NCC

25
 BAR FINGERTIPS
BASED ON THE 2023 BAR SYLLABUS

LABOR LAW
I. Fundamental Principles and Concepts
A. Legal Basis 1
1. 1987 Constitution 1
2. Civil Code 1
3. Labor Code 1

B. State Policy Towards Labor 1

1. Security of Tenure 1
2. Social Justice 1
3. Equal Work Opportunities 1
4. Right to Self-Organization and Collective Bargaining 1
5. Construction in Favor of Labor 1
6. Burden of Proof and Quantum of Evidence 1

II. Pre-Employment
A. Recruitment and Placement of Local
and Migrant Workers 1
1. Definition of Recruitment and Placement 1
2. Regulation of Recruitment and Placement Activities 1
a) Regulatory Authorities 1
(1)Philippine Overseas Employment
Administration 1
(2)Regulatory and Visitorial Powers of
the Department of Labor and
Employment Secretary 1

b) Ban on Direct Hiring 1

c) Entities Prohibited from Recruiting 1
d) Suspension or Cancellation of License
or Authority 1
e) Prohibited Practices [Article 34, Labor Code] 1

3. Illegal Recruitment [Labor Code and the

Migrant Workers and Overseas Employment
Act of 1995 (RA 8042), as amended by RA 10022] 2
a) Elements 2
b) Types 2
c) Illegal Recruitment vs. Estafa 2

4. Liability of Local Recruitment Agency

and Foreign Employer 2
 a) Solidary Liability 2
b) Theory of Imputed Knowledge 2

5. Termination of Contract of Migrant Worker 2

B. Employment of Non-Resident Aliens 2

C. Discriminatory Practices 2
1. Age (RA 10911 or the Anti-Age Discrimination
in Employment Act) 2
2. Gender and͔/or Marital Status
(RA 9710 or the Magna Carta of Women) 2
3. Health Condition (RA 7277 or the Magna Carta
for Disabled Persons) 2
4. Solo Parents (Sec. 7, RA 8972, as amended
by RA 11861) 2

III. Employment Proper

A. Management Prerogative 2
1. Discipline 2
2. Transfer of Employees 2
3. Productivity Standard 2
4. Bonus 2
5. Change of Working Hours 2
6. Bona Fide Occupational Qualifications 2
7. Marriage Between Employees of
Competitor-Employers 2
8. Post-Employment Restrictions 2

B. Labor Standards 2
1. Conditions of Employment 2
a) Coverage 2
b) Hours of Work 2
(1)Normal Hours of Work and Hours Worked 2
(2)Compressed Work Week 2
(3)Meal Periods 3
(4)Night-Shift Differential 3
(5)Overtime Work 3
(6)Computation of Additional Compensation
(Rates only) 3

c) Rest Periods 3
d) Holidays 3
e) Service Charge [Article 96 of the Labor Code,
as amended by RA 11360] 3

f) Occupational Safety and Health Standards Law

(RA 11058) 3
(1)Covered Workplaces [Sec. 3(c)] 3
 (2)Duties of Employers Workers and
Other Persons [Sec. 4] 3
(3)Workers’ Right to Know [Sec. 5] 3
(4)Workers’ Right to Refuse
Unsafe Work [Sec. 6] 3
(5)Workers’ Right to Personal Protective
Equipment (PPE) [Sec. 8] 3

2. Wages 3
a) Definitions 3
(1)Wage vs. Salary 3
(2)Facilities vs. Supplements 3

b) Principles 3
(1)No Work, No Pay 3
(2)Equal Pay for Equal Work 3
(3)Fair Wage for Fair Work 3
(4)Non-Diminution of Benefits 4

c) Payment of Wages 4
d) Prohibitions Regarding Wages 4
e) Wage Distortion 4
(1)Concept 4
f) Minimum Wage Law 4
g) Holiday Pay 4
h) 13th Month Pay 4

3. Leaves 4
a) Service Incentive Leave 4
b) Maternity Leave 4
c) Paternity Leave 4
d) Solo Parent Leave (RA 8972,
as amended by RA 11861) 4
e) Leave Benefits for Women Workers
Under Magna Carta of Women (RA 9710)
and Anti-Violence Against Women
and their Children of 2004 (RA 9262) 4
f) Compassionate Leaves 4

4. Special Groups of Employees 4

a) Women 4
(1)Discrimination 4
(2)Stipulation Against Marriage 4
(3)Prohibited Acts 4

b) Minors 4
c) Kasambahays 5
d) Homeworkers 5
 e) Night Workers 5
f) Apprentices and Learners 5
g) Persons With Disabilities 5
(1)Discrimination 5
(a) Magna Carta for Disabled Persons
(RA 7277) 5
(b)Mental Health Act (RA 11036) 5

(2)Incentives for Employers 5

5. Sexual Harassment in the Work Environment 5

a) Sexual Harassment Act (RA 7877) 5
b) Safe Spaces Act (Article IV of RA 11313
only Exclude Liability of Employers) 5

C. Social Welfare Legislation 6

1. SSS Law (RA 8282, as amended by RA 11199) 6
a) Coverage 6
b) Dependents and Beneficiaries 6
c) Benefits 6

2. GSIS Law (RA 8291) 6

a) Coverage 6
b) Dependents and Beneficiaries 6
c) Benefits 6

3. Disability and Death Benefits 6

a) Labor Code 6
b) POEA-Standard Employment Contract 6

D. Labor Relations 6
1. Right to Self-Organization 6
a) Coverage 6
b) Eligibility for Membership 6
c) Doctrine of Necessary Implication 7
d) Commingling or Mixed Membership 7
e) Effect of Inclusion as Members of Employees
Outside of the Bargaining Unit 7

2. Bargaining Unit 7
3. Bargaining Representative 7

4. Rights of Labor Organizations 7

a) Check Off, Assessment, and Agency Fees 7
b) Collective Bargaining 7
(1)Economic Terms and Conditions 7
(2)Non-Economic Terms and Conditions 7
(3)Duty to Bargain Collectively 7
 (4)Mandatory Provisions in the Collective
Bargaining Agreement (CBA) 7

5. Unfair Labor Practices 7

a) Nature and Aspect 7
b) By Employers 8
c) By Organizations 8

6. Peaceful Concerted Activities 8

a) Strikes (Valid vs. Illegal) 8
b) Picketing 8
c) Lockouts 8
d) Assumption of Jurisdiction by
the DOLE Secretary 8

E. Telecommuting Act (RA 11165) 8

1. Definition [Sec. 3] 8
2. Telecommuting Program [Sec. 4] 8
3. Fair Treatment [Sec. 5] 9

IV. Post-Employment
A. Employer-Employee Relationship 9
1. Tests to Determine Employer-Employee
Relationship 9

2. Kinds of Employment 9
a) Regular 9
b) Casual 9
c) Probationary 9
d) Project 9
e) Seasonal 9
f) Fixed-Term 9
g) Floating Status 9

3. Legitimate Subcontracting vs.

Labor-Only Contracting 9
a) Elements 9
b) Trilateral Relationship 9
c) Solidary Liability 9

B. Termination of Employment by Employer 9

1. Just Causes 9
2. Authorized Causes 9

3. Due Process 10
a) Twin Notice Requirement 10
b) Hearing 10
 4. Termination of Contract of Migrant Workers
Under RA 8042 as amended by RA 10022 10

C. Termination of Employment by Employee 10

1. Resignation vs. Constructive Dismissal 10

D. Preventive Suspension 10
E. Reliefs from Illegal Dismissal 10
F. Retirement 10

V. Jurisdiction and Remedies

A. Labor Arbiter 10
1. Jurisdiction of Labor Arbiter vs.
Jurisdiction of Regional Director 10
2. Requisites to Perfect an Appeal With
the National Labor Relations Commission 10
3. Reinstatement and͔/or Execution Pending Appeal 10

B. National Labor Relations Commission 11

C. Court of Appeals 11
D. Supreme Court 11
E. Bureau of Labor Relations 11

F. National Conciliation and Mediation Board 11

1. Conciliation vs. Mediation 11

G. DOLE Regional Directors 11

H. DOLE Secretary 11
1. Jurisdiction 11
2. Visitorial and Enforcement Powers 11
3. Power to Suspend Effects of Termination 11
4. Remedies 11

I. Voluntary Arbitrator 12
J. Prescription of Actions 12
1. Money Claims 12
2. Illegal Dismissal 12
3. Unfair Labor Practices 12
4. Offenses Under the Labor Code 12
5. Illegal Recruitment 12
 BAR FINGERTIPS
Based on the 2023 BAR Syllabus

LABOR LAW
FUNDAMENTAL PRINCIPLES AND REGULATION OF RECRUITMENT AND PLACEMENT
CONCEPTS ACTIVITIES
REGULATORY AUTHORITIES
LEGAL BASIS POEA
1987 Constitution ● The Administration shall regulate private sector participation in the
1. Article II (Declaration of Principles and State Policies) Secs. 9, 10, 11, recruitment and overseas placement of workers by setting up a
13, 14, 18, 19, 20 licensing and registration system.
2. Article III (Bill of Rights) , Secs. 1, 4, 7, 8, 10, 16, 18 (2) ● The Administration shall not engage in the recruitment and placement
3. Article XII (National Economy and Patrimony) Sec. 12 of overseas workers except on a government-to-government
4. Article XIII (Social Justice and Human Rights) Secs. 1, 2, 3, 13, 14 arrangement only.
5. Article XVI (General Principles), Sec. 8
Regulatory and Visitorial Powers of the DOLE and Employment
Civil Code Secretary
1. Art. 19, 20, 21, 1700, 1701, 1702, 1703, 1708, 1709, 1710 ● The SOLE shall have the power to restrict and regulate the
Labor Code recruitment and placement activities of all agencies
1. Art. 3, 4, 5, 6, 12, 218 ● The SOLE or his duly authorized representatives may, at any time,
inspect the premises, books of accounts and records of any person or
entity
STATE POLICY TOWARDS LABOR
Ban on Direct Hiring
(1) Security of Tenure - The workers shall be entitled to security of tenure,
No employer may hire a Filipino worker for overseas employment except
humane conditions of work, and a living wage. Art. XIII, Sec. 3,
Constitution.
through the Boards and entities authorized by the Secretary of Labor.
Direct hiring by members of the diplomatic corps, international
(2) Social Justice - Social justice is neither communism, nor despotism,
organizations and such other employers as may be allowed by the
nor atomism, nor anarchy, but the humanization of laws and the
Secretary of Labor. Art. 18, LC
equalization of social and economic forces by the State so that justice
in its rational and objectively secular conception may at least be Entities Prohibited from Recruiting
approximated. Calalang v. Williams, G.R. No. 47800, December 2, 1940 ● Travel agencies and sales agencies of airline companies;
(3) Equal Work Opportunities - Afford full protection to labor, promote full ● Officers or members of the Board of any corporation or members in a
employment and equality of employment opportunities for all. Sec. 3, partnership engaged in the business of a travel agency;
Art. XIII, Constitution ● Corporations and partnerships, when any of its officers, members of
(4) Right to Self-Organization and Collective Bargaining- To form, join, the board or partners, is also an officer, member of the board or partner
and assist labor organizations for the purpose of collective bargaining
of a corporation or partnership engaged in the business of a travel
through representatives of their own choosing; and to engage in lawful
concerted activities for the same purpose or for their mutual aid and agency;
protection. Sec. 257, Labor Code [LC] ● Persons, partnerships, or corporations which have derogatory records
(5) Construction in Favor of Labor - All doubts in the implementation and 2016 POEA Rules and Regulation on the Recruitment & Employment of
interpretation of the provisions of the Labor Code, including its Land-based Oversees Workers, Rule I, Sec. 3
implementing rules and regulations, shall be resolved in favor of labor. Suspension or Cancellation of License or Authority
Art. 4, LC
● The power to suspend or cancel a license to recruit employees is
(6) Burden of Proof and Quantum of Evidence - In labor cases, the vested with the POEA Administrator.
quantum of proof required is substantial evidence, defined as “that ● The Secretary of Labor shall have the power to suspend or cancel any
amount of relevant evidence which a reasonable mind might accept license or authority to recruit employees for overseas employment for
as adequate to justify a conclusion.” The burden of proof rests upon violation of rules and regulations issued by the Department of Labor,
the party who asserts the affirmative of an issue. Maria Doctor vs. NII the Overseas Employment Development Board, and the National
Enterprises, G.R. No. 194001 [2017]
Seamen Board, or for violation of the provisions of this and other
applicable laws, General Orders and Letters of Instructions. Art. 35,
PRE-EMPLOYMENT Labor Code
Prohibited Practices
RECRUITMENT AND PLACEMENT OF LOCAL AND MIGRANT 1. Recruitment of Local Workers under the Labor Code
WORKERS 2. Granting of loan to an OFW with an interest exceeding 8% per annum.
Recruitment and placement refers to any act of canvassing, enlisting, 3. Imposing compulsory and exclusive arrangement for OFWs where they
contracting, transporting, utilizing, hiring or procuring workers, and are required to undergo training or any kind of schooling only from
includes referrals, contract services, promising or advertising for specifically designated institutions for recommendatory trainings
employment, locally or abroad, whether for profit or not: Provided, That any mandated by principals or shipowners.
person or entity which, in any manner, offers or promises for a fee 4. Recruitment or management agencies cannot deduct or pass on to the
employment to two or more persons shall be deemed engaged in OFW the payment for the cost of insurance.
recruitment and placement. Art. 13 (b), LC

1
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
ILLEGAL RECRUITMENT Solo Parent
Elements: No employer shall discriminate against any solo parent employee with
(1) The offender has no valid license or authority required by law to enable respect to terms and conditions of employment on account of his or her
him to lawfully engage in recruitment and placement of workers; and status.
(2) The offender undertakes any of the activities within the meaning of
"recruitment and placement" under Art. 13 (b) of the Labor Code, or EMPLOYMENT PROPER
any of the prohibited practices enumerated under Section 6 of RA
8042.
MANAGEMENT PREROGATIVE
Types: (1) Discipline: Management has the prerogative to discipline its
(1) Illegal recruitment by large scale: if committed against three (3) or employees, and to impose appropriate penalties on erring workers
more persons individually or as a group. pursuant to company rules and regulations. Philippine Airlines, Inc. v.
(2) Illegal recruitment by syndicate: if carried out by a group of three (3) National Labor Relations Commission, G.R. No. 115785 [2000].
or more persons conspiring and/or confederating with one another in (2) Transfer of employees: The transfer of an employee ordinarily lies
carrying out any unlawful or illegal transaction, enterprise, or scheme. within the ambit of management prerogatives. It must be exercised
Art. 38, LC without grave abuse of discretion, bearing in mind the basic elements
Illegal Recruitment vs. Estafa of justice and fair play. Composite Enterprises, Inc. v. Caparoso, G.R.
Illegal Recruitment is penalized under the Labor Code, while Estafa is No. 159919 [2007]
penalized under the Revised Penal Code. In Illegal Recruitment, criminal (3) Productivity standard: An employer is entitled to impose productivity
intent is not necessary, while in Estafa, criminal intent is an element. standards for its workers, and in fact, non-compliance may be visited
with a penalty even more severe than demotion. Leonardo vs. NLRC,
G.R. No. 125303 [2000]
LIABILITY OF LOCAL RECRUITMENT AGENCY AND FOREIGN
(4) Bonus: The granting of a bonus is a management prerogative,
EMPLOYER something given in addition to what
Solidary Liability is ordinarily received by or strictly due the recipient. An employer
The liability of the principal/employer and the recruitment agency for any cannot be forced to distribute bonuses which it can no longer afford
and all claims shall be joint and solidary. Sec 7. R.A. No. 10022 to pay.
Theory of Imputed Knowledge (5) Change of working hours: The management retains the prerogatives
Any information material to the transaction, is deemed to be the knowledge to change the working hours if its employees whenever exigencies of
of the principal at least so far as the transaction is concerned even though the service so require Sime Darby Pilipinas, Inc, vs NLRC, GR No.
the knowledge in fact is not communicated to the principal at all. Sunace 119205 [1998].
International Management Services, Inc. vs. NLRC et. Al., G.R. No. 161757 (6) Bona fide occupational qualifications: Employment in particular jobs
[2006] may not be limited to persons of a particular sex, religion, or national
Termination of Contract of Migrant Workers origin unless the employer can show that sex, religion, or national
In pursuit of the national interest or when public welfare so requires, the origin is an actual qualification for performing the job. The qualification
POEA Governing Board, after consultation with the Department of Foreign is called a bona fide occupational qualification (BFOQ). Yrasuegui vs.
Affairs, may, at any time, terminate or impose a ban on the deployment of Philippine Airlines, Inc., G.R. No. 168081 [2008]
migrant workers. (Sec. 4, R.A. No. 10022) (7) Marriage between employees of competitor-employers
(8) Post-employment restrictions: An employment contract prohibiting
employment in a competing company within a reasonable period of
EMPLOYMENT OF NON-RESIDENT ALIENS
one year from separation is valid.
Any alien seeking employment and any domestic or foreign employer who
desires to engage an alien for employment in the Philippines shall obtain
an employment permit from the Department of Labor. LABOR STANDARDS

DISCRIMINATORY PRACTICES CONDITIONS OF EMPLOYMENT

Coverage
Age Generally, Title I, Book III of the Labor Code applies to all employees in all
It shall be unlawful for a labor contractor or subcontractor, if any, to refuse establishments, whether for profit or not, EXCEPT:
to refer for employment or otherwise discriminate against any individual (1) Government employees;
because of such person’s age. (2) Managerial employees including members of the managerial staff;
XPN: It shall not be unlawful for an employer to set age limitations in (3) Domestic helpers or persons in the personal service of another;
employment if age is a bona fide occupational qualification reasonably (4) Members of the family of the employer who are dependent on him for
necessary in the normal operation of a particular business or where the support;
differentiation is based on reasonable factors other than age. Sec. 6, RA (5) Workers paid by result;
10911 (6) Field personnel; and
Gender and/or Marital Status (7) Workers paid by result. ART. 82, LABOR CODE
The State shall progressively realize and ensure decent work standards
for women that involve the creation of jobs of acceptable quality in Normal Hours of Work and Hours Worked
conditions of freedom, equity, security, and human dignity. The normal hours of work of any employee shall not exceed eight (8) hours
a day.
Health Condition
No disabled person shall be denied access to opportunities for suitable Compressed Work Week
employment. Five percent (5%) of all casual emergency and contractual A compressed work week scheme is an alternative arrangement whereby
positions in the DSWD, DOH, DECS, and other government agencies, the normal workweek is reduced to less than six days but the total number
offices or corporations engaged in social development shall be reserved of normal work hours per week shall remain at 48 hours.
for disabled persons.

2
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
Meal Periods workplace, provided access to training and education on chemical
Subject to such regulations as the Secretary of Labor may prescribe, it safety,and to orientation on the data sheet of chemical safety, electrical
shall be the duty of every employer to give his employees not less than safety, mechanical safety, and ergonomical safety. Sec. 5, RA 11078
sixty (60) minutes time-off for their regular meals. Art. 85, LC Worker’s Right to Refuse Unsafe Work
Night shift differential The worker has the right of refusal to work without threat or reprisal from
Every employee shall be paid a night shift differential of not less than ten the employer if, as determined by the DOLE, an imminent danger situation
percent (10%) of his regular wage for each hour of work performed exists in the workplace that may result in illness, injury or death, and
between ten o'clock in the evening and six o'clock in the morning. Art. 86, corrective actions to eliminate the danger have not been undertaken by the
LC employer. Sec. 6, RA 11078
Overtime Work Worker’s Right to Personal Protective Equipment (PPE)
Work may be performed beyond eight (8) hours a day provided that the Every employer, contractor, or subcontractor, if any, shall provide his
employee is paid for the overtime work, an additional compensation workers, free of charge, protective equipment for their eyes, face, hands
equivalent to his regular wage plus at least twenty-five percent (25%) and feet, and lifeline, safety belt or harness, gas or dust respirators or
thereof. Work performed beyond eight hours on a holiday or rest day shall masks, and protective shields whenever necessary by reason of the
be paid an additional compensation equivalent to the rate of the first eight hazardous work process or environment, chemical, radiological,
hours on a holiday or rest day plus at least thirty percent (30%) thereof. mechanical and other irritants or hazards capable of causing injury or
Art. 87, LC impairment in the function of any part of the body through absorption,
Computation of additional compensation inhalation or physical contact. The cost of the PPE shall be part of the
For purposes of computing overtime and other additional remuneration, safety and health program which is a separate pay item pursuant to Section
the "regular wage" of an employee shall include the cash wage only, 20 of this Act. RA 11078
without deduction on account of facilities provided by the employer. Art.
96, LC WAGES
Rest Periods It is the remuneration or earnings, however designated; capable of being
Rest periods of short duration during working hours shall be counted as expressed in terms of money; whether fixed or ascertained on a time, task,
hours worked. Art. 84, LC piece, or commission basis, or other method of calculating the same; which
is payable by an employer to an employee; under a written or unwritten
Holidays
contract of employment for work; includes the fair and reasonable value,
New Year's Day, Maundy Thursday, Good Friday, the ninth of April, the
as determined by Secretary of DOLE, of board, lodging, or other facilities
first of May, the twelfth of June, the fourth of July, the thirtieth of November,
customarily furnished by the employer to the employee.
the twenty- fifth and thirtieth of December and the day designated by law
for holding a general election. Art. 94, LC “Fair and reasonable value” shall not include any profit to the employer, or
to any person affiliated with the employer. Art. 97(f), Labor Code
Service Charge
All service charges collected by hotels, restaurants and similar SALARY
establishments shall be distributed completely and equally among the Denotes a higher grade of employment, or a superior grade of services and
covered workers except managerial employees. In the event that the implies a position of office. It does not fall within the exemption, hence, it
minimum wage is increased by law of wage order, service charges paid to could be the subject of garnishment or attachment. (Gaa v. Court of Appeals,
the covered employees shall not be considered in determining the G.R. No. L-44169, Dec 3, 1985)
employer's compliance with the increased minimum wage. Sec. 1, RA 11360 Facilities vs. Supplements
Facilities Supplements
OCCUPATIONAL SAFETY AND HEALTH STANDARDS LAW Items of expense necessary for Extra remuneration or special
Covered Workplaces the laborer’s and his family’s privileges or benefits given to or
To establishments, projects, sites and all other places where work is being existence and subsistence. received by the laborers over and
undertaken wherein the number of employees, nature of operations, and above their ordinary earnings and
risk or hazard involved in the business, as determined by the Secretary of wages.
Labor and Employment, require compliance. Sec. 3(c), RA 11058 It is a part of the wage; hence, It is independent of the wage,
Duties of Employers, Workers, and Other Persons deductible from the wage of the hence, not deductible therefrom.
Every worker shall participate in ensuring compliance with OSH standards employees.
in the workplace. The worker shall make proper use of all safeguards and Principles
safety devices furnished for the worker's protection and that of others, and No work, no pay
shall observe instructions to prevent accidents or imminent danger If there is no work performed by the employee there can be no wage or
situations in the workplace. The worker shall observe the prescribed steps pay, unless, of course, the laborer was able, willing, and ready to work but
to be taken in cases of emergency. was illegally locked out, dismissed, or suspended. The "No work, no pay"
The worker shall report to the supervisor any work hazard that may be principle contemplates a "no work" situation where the employees
discovered in the workplace. It shall be the duty of any person, including voluntarily absent themselves. Republic vs Minerva Pacheco, GR 178021,
the builder or contractor who visits, builds, renovates or installs devices or 2012]
conducts business in any establishment or workplace, to comply with the Equal pay for equal work
provisions of this Act and all other regulations issued by the Secretary of If an employer accords employees the same position and rank, the
Labor and Employment. Whether two (2) or more undertakings are presumption is that these employees perform equal work. International
engaged in activities simultaneously in one (1) workplace, it shall be the School Alliance of Educators v. Quisumbing, G.R. No. 128845 [2000]
duty of all engaged to collaborate in the application of OSH standards and Fair wage for fair work
regulations. Sec. 4, RA 11058 GR: A fair day’s wage for a fair day’s labor, or no work, no pay.
Workers’ Right to Know XPN: The laborer was able, willing, and ready to work but was illegally
The right to safety and health at work shall be guaranteed. All workers shall locked out, dismissed, or suspended. J.P. Heilbronn Co. v. National Labor
be appropriately informed by the employer about all types of hazards in the Union, G.R. No. L-5121 [1953].

3
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
Non-diminution of benefits married male employee in the private and public sectors shall be entitled
GR: Prohibition against elimination or diminution of benefits. Nothing in this to a paternity leave of seven (7) days with full pay for the first four (4)
Book shall be construed to eliminate or in any way diminish supplements, deliveries of the legitimate spouse with whom he is cohabiting. The male
or other employee benefits being enjoyed at the time of promulgation of employee applying for paternity leave shall notify his employer of the
this Code. Article 100, LC pregnancy of his legitimate spouse and the expected date of such delivery.
XPN: Correction of error; Negotiated benefits; Reclassification of position; Delivery shall include childbirth or any miscarriage. Section 2, RA 8187
Wage order compliance; Benefits on reimbursement Basis; Contingent Solo Parent Leave
benefits of conditional bonus; and Productivity incentives Parental leave of not more than seven (7) working days with pay every year
Payment of Wages shall be granted to any solo parent employee, regardless of employment
As a general rule, wages shall be paid in legal tender and the use of tokens, status, who has rendered service of at least six (6) months. RA 11861
promissory notes, vouchers, coupons, or any other form alleged to Leave benefits under RA 9710 and RA 9262
represent legal tender is absolutely prohibited even when expressly A woman employee having rendered continuous aggregate employment
requested by the employee IRR of the Labor Code, Book III, Rule VIII, Sec. service of at least six (6) months for the last twelve (12) months shall be
Prohibitions Regarding Wages: entitled to a special leave benefit of two (2) months with full pay based on
● Diminution of wages; her gross monthly compensation following surgery caused by
● Payment of wages in non-cash form; gynecological disorders. Sec. 18, RA 9710
● Payment of wages in night and day clubs, bars and other similar places; Victims under this RA 9262 shall be entitled to take a paid leave of absence
and up to ten (10) days in addition to other paid leaves under the Labor Code
● Interference by the employers in the employees’ disposition of their and Civil Service Rules and Regulations, extendible when the necessity
wages. arises as specified in the protection order. Sec. 43, RA 9262
Wage Distortion Compassionate Leave
Concept Sick Leave: Twelve (12) days for the first two years of service and an
A wage distortion shall mean a situation where an increase in prescribed additional 1 day every year starting on the 3rd year. Maximum total sick
wage rates results in the elimination or severe contraction of intentional leave is 15 days. All unused leaves are convertible to cash at the end of
quantitative differences in wage or salary rates between and among the year.
employee groups in an establishment as to effectively obliterate the Bereavement Leave: Three (3) days applicable to immediate family
distinctions embodied in such wage structure based on skills, length of member which includes the employee’s children, parents, grandparents,
service, or other logical bases of differentiation. Article 124, LC brother, sister, spouse, and parents-in-law.
Minimum Wage Law Calamity Leave: Two (2) days leave for employees who were affected by
Minimum Wage shall be as nearly adequate as is economically feasible to flood, fire, and typhoon (must be supported by a government proclamation
maintain the minimum standards of living necessary for the health, or may be declared by the Company)
efficiency and general well-being of the employees within the framework of
the national economic and social development program. Section 3, RA 6727 SPECIAL GROUPS OF EMPLOYEES
The Minimum Wage set for NCR is as follows: Women
● Non-agriculture: P570.00 Discrimination
● Agriculture, Service/Retail Establishments employing 15 workers or It shall be unlawful for any employer to discriminate against any woman
less, Manufacturing regularly employing less than 10 workers: P533.00 employee with respect to terms and conditions of employment solely on
Wage Order No. NCR-23 account of her sex.
Holiday Pay Stipulation against marriage
Every worker shall be paid his regular daily wage during regular holidays, It shall be unlawful for an employer to require as a condition of employment
except in retail and service establishments regularly employing less than or continuation of employment that a woman employee shall not get
ten (10) workers. married, or to stipulate expressly or tacitly that upon getting married, a
The employer may require an employee to work on any holiday but such woman employee shall be deemed resigned or separated, or to actually
employee shall be paid a compensation equivalent to twice his regular rate. dismiss, discharge, discriminate or otherwise prejudice a woman employee
Art. 94, LC merely by reason of her marriage.
13th Month Pay Prohibited Acts
It is a form of monetary benefit equivalent to the monthly basic (1) Payment of a lesser compensation to a female employee as against a
compensation received by an employee, computed pro-rata according to male employee, for work of equal value; and,
the number of months within a year, that the employee has rendered (2) Favoring a male employee over a female employee with respect to
service to the employer DOLE BWC Q&A on 13th Month pay promotion, training opportunities, study and scholarship grants solely
on account of their sexes.
LEAVES Minors
Service Incentive Leave ● No child below fifteen (15) years of age shall be employed, except when
Every employee who has rendered at least one year of service shall be he works directly under the sole responsibility of his parents or
entitled to a yearly service incentive leave of five days with pay. guardian, and his employment does not in any way interfere with his
schooling.
Maternity Leave
Every employer shall grant to any pregnant woman employee who has ● Any person between fifteen (15) and eighteen (18) years of age may
rendered an aggregate service of at least six (6) months for the last twelve be employed for such number of hours and such periods of the day as
(12) months, maternity leave of at least two (2) weeks prior to the expected determined by the Secretary of Labor and Employment in appropriate
date of delivery and another four (4) weeks after normal delivery or abortion regulations.
● In no case shall the employment of a person below eighteen (18) years
with full pay based on her regular or average weekly wages.
of age be allowed in an undertaking that is hazardous or deleterious in
Paternity Leave nature as determined by the Secretary of Labor and Employment.
Notwithstanding any law, rules and regulations to the contrary, every

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 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
Article 137, LC including the right to:
Kasambahay ● Freedom from social, economic, and political discrimination and
Any person engaged in domestic work within an employment relationship stigmatization, whether committed by public or private actors;
such as, but not limited to, the following: general househelp, nursemaid or ● Exercise all their inherent civil, political, economic, social, religious,
“yaya”, cook, gardener, or laundry person, but shall exclude any person educational, and cultural rights respecting individual qualities, abilities,
who performs domestic work only occasionally or sporadically and not on and diversity of background, without discrimination on the basis of
an occupational basis. The term shall not include children who are under physical disability, age, gender, sexual orientation, race, color,
foster family arrangement, and are provided access to education and given language, religion or nationality, ethnic, or social origin Sec. 5, RA
an allowance incidental to education, i.e. “baon”, transportation, school 11036
projects and school activities. Section 4 (d), RA 10361 Incentives for employers
Homeworkers Private entities that employ disabled persons who meet the required skills
All workers who perform industrial homework as defined are covered. The or qualifications, either as regular employees, apprentices, or learners shall
industrial activity performed in or around a home as contemplated involves be entitled to an additional deduction, from their gross income, equivalent
working on raw material, which may change in form beyond the raw or still to 25% of the total amount paid as salaries and wages to disabled persons:
crude state to that form in which it is necessary or customary to prepare it Provided, entities present proof, certified by the DOLE and the DOH, as to
for the market. his disability, skills, and qualifications. Sec. 8(b), R.A. 7277
Homeworkers who perform the above-described work but on their own Private entities that improve or modify their physical facilities in order to
account for their own market are deemed self-employed homeworkers, in provide reasonable accommodation for disabled persons shall also be
which case the law does not apply. On the other hand, where a entitled to an additional deduction from their net taxable income, equivalent
Homeworker performs such activity as directed by another, regardless of to 50% of the direct costs of the improvements or modifications. However,
whether or not this other person supplies the raw material or the necessary this does NOT apply to improvements or modifications of facilities required
tools and equipment, with the arrangement that the changed or processed under B.P. 344. Sec. 8 (c), R.A. 7277
form will be returned to the latter, such homeworker shall be deemed an Sexual Harassment in the Work Environment
employee of the other person. Section 2, DOLE Explanatory Bulletin on Sexual Harassment Act
Employment of Homeworkers Work, education or training-related sexual harassment is committed by an
Night workers employer, employee, manager, supervisor, agent of the employer, teacher,
All persons who shall be employed or permitted or suffered to work at night, instructor, professor, coach, trainor, or any other person who, having
except those employed in agriculture, stock raising, fishing, maritime authority, influence or moral ascendancy over another in a work or training
transport and inland navigation, during a period of not less than seven (7) or education environment, demands, requests or otherwise requires any
consecutive hours, including the interval from midnight to five o'clock in the sexual favor from the other, regardless of whether the demand, request or
morning, to be determined by the Secretary of Labor and Employment, requirement for submission is accepted by the object of said Act. In a work-
after consulting the workers' representatives/labor organizations and related or employment environment, sexual harassment is committed
employers. Article 154, LC when:
(1) The sexual favor is made as a condition in the hiring or in the
Apprentices and Learners
employment, re-employment or continued employment of said
Apprentices: It is a person undergoing training for an approved
individual, or in granting said individual favorable compensation, terms,
apprenticeable occupation during an established period assured by an
conditions, promotions, or privileges; or the refusal to grant the sexual
apprenticeship agreement Sec. 3 (k), RA 7796.
favor results in limiting, segregating or classifying the employee which
Learners: Persons hired as trainees in semiskilled and other industrial in any way would discriminate, deprive or diminish employment
occupations which are non- apprenticeable and which may be learned opportunities or otherwise adversely affect said employee;
through practical training on the job in a relatively short period of time, (2) The above acts would impair the employee’s rights or privileges under
which shall not exceed 3 months. (Art. 73, Labor Code) existing labor laws; or
Persons with Disabilities (3) The above acts would result in an intimidating, hostile, or offensive
● The law aims to make PWDs useful members of our society by environment for the employee.
providing them equal opportunity for employment and equal Safe Spaces Act
remuneration for work of equal value. ● The crimes of gender-based streets and public spaces sexual
● To accomplish this objective, all government agencies, offices, or harassment are committed through any unwanted and uninvited sexual
corporations are required to reserve one percent of their work actions or remarks against any person regardless of the motive for
positions to PWDs. committing such action or remarks.
Discrimination ● Gender-based streets and public spaces sexual harassment includes
catcalling, wolf-whistling, unwanted invitations, misogynistic,
Magna carta for disabled persons transphobic, homophobic and sexist slurs, persistent uninvited
No entity, whether public or private, shall discriminate against a qualified comments or gestures on a person’s appearance, relentless requests
disabled person by reason of disability
for personal details, statement of sexual comments and suggestions,
● in regard to job application procedures, public masturbation or flashing of private parts, groping, or any
● the hiring, promotion, or discharge of employees,
advances, whether verbal or physical, that is unwanted and has
● employee compensation, job training, and threatened one’s sense of personal space and physical safety, and
● other terms, conditions, and privileges of employment. Sec. 32, R.A.
committed in public spaces such as alleys, roads, sidewalks and parks.
7277
● Acts constitutive of gender-based streets and public spaces sexual
Mental health act harassment are those performed in buildings, schools, churches,
Service users shall enjoy, on an equal and non-discriminatory basis, all restaurants, malls, public washrooms, bars, internet shops, public
rights guaranteed by the Constitution as well as those recognized under markets, transportation terminals or public utility vehicles.
the United Nations Universal Declaration of Human Rights and the
Convention on the Rights of Persons with Disabilities and all other relevant
international and regional human rights conventions and declarations,

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 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
SOCIAL WELFARE LEGISLATION and contractuals who have no employer and employee relationship with
SSS Law the agencies they serve. Section 3, RA 8291
Coverage Dependents and beneficiaries
● Coverage in the SSS shall be compulsory upon all employees including Dependents are the following:
kasambahays or domestic workers not over sixty (60) years of age and (a) the legitimate spouse dependent for support upon the member or
their employers Section 9 (a), RA 11999 pensioner;
● Spouses who devote full time to managing the household and family (b) the legitimate, legitimated, legally adopted child, including the
affairs, unless they are also engaged in other vocation or employment illegitimate child, who is unmarried, not gainfully employed, not over the
which is subject to mandatory coverage, may be covered by the SSS age of majority, or is over the age of majority but incapacitated and
on a voluntary basis. Section 9 (b), RA 11999 incapable of self-support due to a mental or physical defect acquired
● Coverage in the SSS shall also be compulsory upon such self- prior to age of majority; and
employed persons as may be determined by the Commission under (c) the parents dependent upon the member for support. Sec. 2 (f), RA 8291
such rules and regulations as it may prescribe, including, but not limited
Primary beneficiaries: Legal dependent spouse until he/she remarries and
to the following:
the dependent children.
(a) All self-employed professionals;
Secondary beneficiaries: Dependent parents and, subject to the
(b) Partners and single proprietors of businesses;
(c) Actors and actresses, directors, scriptwriters and news restrictions on dependent children, the legitimate descendants. Sec. 2 (g)
(h), RA 8291
correspondents who do not fall within the definition of the term
"employee" in Section 8(d) of this Act; Benefits:
(d) Professional athletes, coaches, trainers and jockeys; and (1) Basic Monthly Pension;
(e) Individual farmers and fishermen. Section 9-A, RA 11999 (2) Separation Benefits;
(3) Unemployment or Involuntary Separation Benefits;
● Coverage in the SSS shall be compulsory upon all sea-based and land-
(4) Retirement Benefits;
based OFWs as defined under Republic Act No. 8042, otherwise
(5) Permanent Disability Benefits;
known as the Migrant Workers and Overseas Filipinos Act of 1995. as
(6) Survivorship Benefits;
amended by Republic Act No. 10022: Provided, That they are not over (7) Funeral Benefits;
sixty (60) years of age. Section 9-B (a), RA 11999
(8) Life Insurance Benefits.
Dependents Disability and Death Benefits
The dependents shall be the following:
Labor Code
(1) The legal spouse entitled by law to receive support from the member;
The following are the disability benefits under the Labor Code:
(2) The legitimate, legitimated or legally adopted, and illegitimate child (1) Temporary Total Disability Art. 197, Labor Code;
who is unmarried, not gainfully employed, and has not reached (2) Permanent Total Disability Art. 198, Labor Code;
twenty-one (21) years of age, or if over twenty-one (21) years of age,
(3) Permanent Partial Disability Art. 199, Labor Code.
he is congenitally or while still a minor has been permanently
incapacitated and incapable of self-support, physically or mentally: POEA-Standard Employment Contract
and The POEA-SEC is the POEA-prescribed contract containing the minimum
(3) The parent who is receiving regular support from the member. Section terms and conditions of employment, which shall commence upon actual
8 (e), RA 11199 departure of the seafarer from the Philippine airport or seaport in the point
of hire 2016 Revised POEA Rules and Regulations Governing the Recruitment
Beneficiaries
and Employment of Seafarers.
The beneficiaries shall be the following:
The dependent spouse until he or she remarries, the dependent legitimate,
legitimated or legally adopted, and illegitimate children, who shall be the LABOR RELATIONS
primary beneficiaries of the member. Provided, further, That in the absence
of the dependent legitimate, legitimated or legally adopted children of the Right to Self-Organization
member, his/her dependent illegitimate children shall be entitled to one Coverage
hundred percent (100%) of the benefits. In their absence, the dependent ● All persons employed in commercial, industrial and agricultural
parents who shall be the secondary beneficiaries of the member. In the enterprises and in religious, charitable, medical, or educational
absence of all the foregoing, any other person designated by the member institutions, whether operating for profit or not, shall have the right to
as his/her secondary beneficiary. (Section 8 (k), RA 11199) self-organization and to form, join, or assist labor organizations of their
Benefits: own choosing for purposes of collective bargaining. Ambulant,
(1) Monthly Pension; intermittent and itinerant workers, self-employed people, rural workers
(2) Dependent’s Pension; and those without any definite employers may form labor
(3) Retirement Benefits; organizations for their mutual aid and protection. Art. 253, LC
(4) Death Benefits; ● Employees of government corporations established under the
(5) Permanent Disability Benefits; Corporation Code shall have the right to organize and to bargain
(6) Funeral Benefit; collectively with their respective employers. All other employees in the
(7) Sickness Benefit; civil service shall have the right to form associations for purposes not
(8) Maternity Leave Benefit; contrary to law. Art. 254, LC
GSIS Law Eligibility for Membership
Coverage In the Private Sector:
Membership in the GSIS shall be compulsory for all employees receiving ● All persons employed in commercial, industrial, and agricultural
compensation who have not reached the compulsory retirement age, enterprises;
irrespective of employment status, except members of the Armed Forces ● Employees of government-owned or controlled corporations
of the Philippines and the Philippine National Police, subject to the established under the Corporation Code;
condition that they must settle first their financial obligation with the GSIS, ● Employees of religious, charitable, medical, or educational

6
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
institutions, whether operating for profit or not; audited financial statements, including the balance sheet and the
● Supervisory employees, provided they do not join the same union as profit and loss statement, within thirty (30) calendar days from the date
rank-and-file employees; of receipt of the request, after the union has been duly recognized by
● Alien employees with valid working permits Sec. 2, Rule II, Book Five, the employer or certified as the sole and exclusive bargaining
IRR of the Labor Code, as amended; representative of the employees in the bargaining unit, or within sixty
● Working children Art. 111; P.D. 603; (60) calendar days before the expiration of the existing collective
● Home workers Sec. 3, D.O. 05- 92; bargaining agreement, or during the collective bargaining negotiation;
● Cooperative’s employees who are not members or co-owners (4) To own property, real or personal, for the use and benefit of the labor
thereof CENECO v. Secretary of Labor, G.R. No. 94045 [1991]; and organization and its members;
● Employees of legitimate contractors. Sec. 8(d), D.O. 18- 02 (5) To sue and be sued in its registered name; and
In the Public Sector: (6) To undertake all other activities designed to benefit the organization
● All rank-and-file employees of all branches, subdivisions, and its members, including cooperative, housing, welfare and other
instrumentalities, and agencies of the government, projects not contrary to law.
● including government-owned and/or controlled corporations with Collective Bargaining
original charters, can form, join or assist employees’ organizations of A Collective Bargaining Agreement (CBA) is the negotiated contract
their own choosing. Sec. 2, E.O. 180 between a legitimate labor union duly recognized or certified as the
Doctrine of Necessary Implication exclusive bargaining agent of workers and their employer; concerning
While Art. 245 of the Labor Code singles out managerial employees as wages, hours of work, and all other terms and conditions of employment in
ineligible to join, assist or form any labor organization, under the doctrine the appropriate bargaining unit; including mandatory provisions for
of necessary implication, confidential employees are similarly disqualified. grievances and arbitration machineries. Sec. 1(j), Rule I, Book Five, IRR of
the LC, as amended
The same rationale was applied to confidential employees who by the very
nature of their functions, assist and act in confidential capacity to, or have Economic Terms and Conditions
access to confidential matters of, persons who exercise managerial Include but not limited to:
functions in the field of labor relations San Miguel Corp Supervisors and 1. monetary value of wage increases;
Exempt Union vs Laguesma, GR No. 110399 [1997]. 2. loan benefits;
Commingling or Mixed Membership 3. bonuses;
It is inclusion as union members of employees outside the bargaining unit 4. allowances;
(Art. 256, Labor Code). It also refers to any mingling between supervisory 5. retirement plan; and
and rank-and-file employees in its membership in a legitimate labor 6. other fringe benefits.
organization (SMCC-SUPER, GR No. 169717, March 16, 2011). Non-Economic Terms and Conditions
Effect of Inclusion as Members of Employees Outside of the Include but not limited to:
Bargaining Unit 1. union security clauses,
The inclusion as union members of employees outside the bargaining unit 2. grievance procedures,
shall not be a ground for the cancellation of the registration of the union. 3. labor-management cooperation schemes; and
Said employees are automatically deemed removed from the list of 4. other provisions without monetary value.
membership of said union. Art. 256, LC Duly to bargain collectively
The duty to bargain collectively means the performance of a mutual
BARGAINING UNIT obligation to meet and convene promptly and expeditiously in good faith for
A bargaining unit is a group of employees of a given employer comprised the purpose of negotiating an agreement with respect to wages, hours of
of all or less than all of the entire body of employees; which the collective work and all other terms and conditions of employment including proposals
interest of all the employees; consistent with equity to the employer; for adjusting any grievances or questions arising under such agreement
indicate to be the best suited to serve the reciprocal rights and duties of the and executing a contract incorporating such agreements if requested by
parties under the collective bargaining provisions of the law. University of either party but such duty does not compel any party to agree to a proposal
the Philippines v. Ferrer-Calleja, G.R. No. 96189 [1992] or to make any concession.
The basic test of an asserted bargaining unit's acceptability is whether or Mandatory provisions in the Collective Bargaining Agreement
not it is fundamentally the combination which will best assure to all (1) Grievance Procedure
employees the exercise of their collective bargaining rights. International (2) Family planning- as mandated by
School Alliance of Educators v. Quisumbing, G.R. No. 128845 [2000] the Labor Code
BARGAINING REPRESENTATIVE (3) No strike-no lockout" clause: This policy can only apply to economic,
The labor organization designated or selected by the majority of the not political, provisions of the CBA; thus, it can still strike or lockout if
employees in an appropriate collective bargaining unit shall be the the ground is unfair labor practice
exclusive representative of the employees in such unit for the purpose of (4) Cooperative scheme
collective bargaining. However, an individual employee or group of (5) Labor management council (LMC)
employees shall have the right at any time to present grievances to their
employer. Art. 267, LC UNFAIR LABOR PRACTICES
Nature and Aspect
RIGHTS OF LABOR ORGANIZATIONS Unfair labor practices violate the constitutional right of workers and
Check off, assessment, and agency fees employees to self-organization, are inimical to the legitimate interests of
A legitimate labor organization shall have the right: both labor and management, including their right to bargain collectively and
(1) To act as the representative of its members for the purpose of otherwise deal with each other in an atmosphere of freedom and mutual
collective bargaining; respect, disrupt industrial peace and hinder the promotion of healthy and
(2) To be certified as the exclusive representative of all the employees in stable labor-management relations.
an appropriate bargaining unit for purposes of collective bargaining; Consequently, unfair labor practices are not only violations of the civil rights
(3) To be furnished by the employer, upon written request, with its annual of both labor and management but are also criminal offenses against the

7
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
State which shall be subject to prosecution and punishment as herein organization;
provided. (c) To ask for or accept negotiation or attorney’s fees from employers as
By Employers part of the settlement of any issue in collective bargaining or any other
It shall be unlawful for an employer to commit any of the following unfair dispute;
labor practices: (d) To cause or attempt to cause an employer to discriminate against an
(a) To interfere with, restrain or coerce employees in the exercise of their employee, with respect to whom membership has been denied, or to
right to self- organization; terminate an employee on any ground other than the usual terms and
(b) To require as a condition of employment that a person or an employee conditions under which membership or continuation of membership is
shall not join a labor organization or shall withdraw from one to which made available to other members;
he belongs; (e) To cause or attempt to cause an employer to pay or agree to pay an
(c) To contract out services or functions being performed by union exaction for services which are not performed or not to be performed,
members when such will interfere with, restrain or coerce employees in including the demand for a fee for union negotiations; or
the exercise of their right to self- organization; (f) To violate the duty or refuse to bargain collectively with the employer,
(d) To initiate, dominate, assist or otherwise interfere with the formation or provided it is the representative of the employees.
administration of any labor organization, including the giving of financial
or other support to it or its organizers or supporters; PEACEFUL CONCERTED ACTIVITIES
(e) To discriminate in regard to wages, hours of work and other terms and Strikes (valid vs. illegal)
conditions of employment in order to encourage or discourage Any temporary stoppage of work, by the concerted action of employees, as
membership in any labor organization. Nothing in this Code or in any a result of a labor or industrial dispute. Art. 219(o), LC
other law shall stop the parties from requiring membership in a ● As to nature, a valid strike is one called for a valid purpose and
recognized collective bargaining agent as a condition for employment, conducted through means authorized by law. While Illegal strike is one
except those employees who are already members of another union at staged for the purpose not recognized by law or if for a valid purpose,
the time of the signing of the collective bargaining agreement. it is conducted through means not sanctioned by law.
Employees of an appropriate bargaining unit who are not members of ● As to effects on the Union officers, a valid strike will not make the
the recognized collective bargaining agent may be assessed a officers liable or resulting damages. They will not lose their
reasonable fee equivalent to the dues and other fees paid by members employment by reason thereof. While, in Illegal strike, Any union
of the recognized collective bargaining agent, if such non-union officer who knowingly participates in an illegal strike and knowingly
members accept the benefits under the collective bargaining participates in the commission of illegal acts during a strike may be
agreement: Provided, That the individual authorization required under declared to have lost his employment status Art. 279 (a)), LC
Article 242, paragraph (o) of this Code shall not apply to the non- ● As to effects to the members of the Union, in valid strike, they are not
members of the recognized collective bargaining agent; civilly liable for participating. While in illegal strike, the member who
(f) To dismiss, discharge or otherwise prejudice or discriminate against an commits illegal acts during the strike, he may be declared to have lost
employee for having given or being about to give testimony under this his employment status Solid bank vs Garnier, GR No. 159640 [2010].
Code; Picketing
(g) To violate the duty to bargain collectively as prescribed by this Code; Act of marching to and from the employer's premises usually accompanied
(h) To pay negotiation or attorney's fees to the union or its officers or by the display of placards and other signs making known the facts involved
agents as part of the settlement of any issue in collective bargaining or in a labor dispute. Ilaw at Buklod ng Manggagawa v. National Labor Relations
any other dispute; or Commission, G.R. No. 91980 [1991]
(i) To violate a collective bargaining agreement. Art. 259, LC Lockouts
(j) By Organizations The temporary refusal by an employer, o furnish work as a result of an
(k) It shall be unfair labor practice for a labor organization, its officers, industrial or labor dispute Art. 219(p), LC. It consists of shutdown, mass
agents or representatives: retrenchment, and dismissals initiated by the employer.
(l) To restrain or coerce employees in the exercise of their right to self-
organization. However, a labor organization shall have the right to Assumptions of Jurisdiction by the DOLE Secretary
prescribe its own rules with respect to the acquisition or retention of (1) It automatically enjoins the intended or impending strike or lockout as
membership; specified in the assumption or certification order;
(m) To cause or attempt to cause an employer to discriminate against an (2) If a strike or lockout has already taken place at the time of assumption
employee, including discrimination against an employee with respect or certification, all striking or locked-out employees shall return to work
to whom membership in such organization has been denied or to within 24 hours from receipt of the assumption or certification order;
terminate an employee on any ground other than the usual terms and and
conditions under which membership or continuation of membership is (3) The employer shall immediately resume operations and readmit all
made available to other members; workers under the same terms and conditions prevailing prior to the
(n) To violate the duty, or refuse to bargain collectively with the employer, strike or lockout.
provided it is the representative of the employees;
(o) To cause or attempt to cause an employer to pay or deliver or agree to TELECOMMUTING ACT
pay or deliver any money or other things of value, in the nature of an Telecommuting refers to a work from an alternative workplace with the use
exaction, for services which are not performed or not to be performed, of telecommunications and/or computer technologies. Sec. 3, RA 11165
including the demand for fee for union negotiations;
Telecommuting program
(p) To ask for or accept negotiation or attorney's fees from employers as
An employer in the private sector may offer a telecommuting program to its
part of the settlement of any issue in collective bargaining or any other
employees on a voluntary basis, and upon such terms and conditions as
dispute; or
they may mutually agree upon: Provided, That such terms and conditions
(q) To violate a collective bargaining agreement. Art. 260, LC
shall not be less than the minimum labor standards set by law, and shall
By Organizations include compensable work hours, the minimum number of work hours,
(a) To grossly violate a CBA; overtime, rest days, and entitlement to leave benefits. In all cases, the
(b) To restrain or coerce employees in the exercise of their right to self- employer shall provide the telecommuting employee with relevant written

8
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
information in order to adequately apprise the individual of the terms and Legitimate subcontracting vs. Labor-only contracting
conditions of the telecommuting program, and the responsibilities of an LEGITIMATE SUB- LABOR-ONLY
employee. Sec. 4, RA 11165 CONTRACTING SUBCONTRACTING
Fair treatment (1) The contractor carries on an (1) The contractor does not have
The employer shall ensure that the telecommuting employee is given the independent business and substantial capital or does not
same treatment as that of comparable employees are given the same undertakes to perform the job or have investments in the form of
treatment as that of comparable employees working at the time employer's work on its own responsibility tools, equipment, machineries,
premises. Sec. 5, RA 11165 according to its own manner and work premises and other
method; materials which are necessary in
(2) Free from the control and the conduct of his business;
POST-EMPLOYMENT
direction of his employer or (2) The contractor’s or
principal in all matters connected subcontractor’s employees
EMPLOYER-EMPLOYEE RELATIONSHIP with the performance of the work, recruited and placed are
Tests to Determine Employer-Employee Relationship except to the result thereof; and, performing activities which are
Four-fold test (3) The contractor has substantial directly related to the main
To determine the existence of an employer-employee relationship, the capital or investments in the form business operation of the
four-fold test is applied with the following elements: of tools, equipment; machineries, principal; or
(a) The selection and engagement of the employee; work premises and other (3) The contractor or
(b) The payment of wages; materials which are necessary in subcontractor does not exercise
(c) The power of dismissal; and the conduct of his business. the right to control over the
(d) The employer’s power to control the employee with respect to the performance of the work of the
means and methods by which the work is to be accomplished, also employee.
known as control test. AZUCENA, Labor Code, p. 156 Trilateral Relationship
Relationship in a contracting or subcontracting arrangement where there
Two-tiered approach / economic dependence test
is a service contract for a specific job, work, or service between the
A two-tiered test may be applied involving:
principal and the contractor, and a contract of employment between the
(1) The putative employer’s power to control the employee with respect to
contractor and its workers.
the means and methods by which the work is to be accomplished; and
(2) The underlying economic realities of the activity or relationship. Solidary Liability
Angelina Francisco vs. NLRC, Kasei Corp., etc., G.R. No. 170087, [2006] In subcontracting, there exists a solidary liability on the part of the principal
and the contract for purposes of enforcing the provisions of the Labor Code
Kinds of Employment and other social legislations, to the extent of the work performed under the
● Regular: An employment shall be deemed to be regular where the employment contract in the event of:
employee has been engaged to perform activities which are usually (1) Violation of any provisions of the Labor Code;
necessary or desirable in the usual business or trade of the employer. (2) Failure to pay wages DO No. 174-17, Sec. 9
● Casual: Where an employee has been engaged to perform activities
On the other hand, in labor-only contracting, the principal becomes
not directly related or desirable to the usual trade or business of the
solidarily liable with the contractor not only for the unpaid wages but also
employer Art. 295, LC
for all rightful claims of the employees under the Labor Code and ancillary
● Probationary: Probationary employment shall not exceed six (6) laws. SMC vs MAERC Integrated Services, Inc., GR No. 144672 [2003]
months from the date the employee started working, unless it is
covered by an apprenticeship agreement stipulating a longer period. TERMINATION OF EMPLOYMENT BY EMPLOYER
The services of an employee who has been engaged on a
probationary basis may be terminated for a just cause or when he fails Just causes
to qualify as a regular employee in accordance with reasonable (1) Serious misconduct or willful disobedience;
standards made known by the employer to the employee at the time (2) Gross and habitual neglect by the employee;
of his engagement. An employee who is allowed to work after a (3) Fraud or willful breach by the employee of the trust reposed in him;
probationary period shall be considered a regular employee. Art. 296, (4) Commission of a crime or offense against the person of his employer
LC or any immediate member of his family or his duly authorized
● Project: Project employees are those hired for a specific project or representative; and
undertaking, and the completion or termination of such project has (5) Other causes analogous to the following. Art. 297, LC
been determined at the time of their engagement. Calsada v. Steel Authorized causes
Centre Philippines, Inc., G.R. No. 234701 (Notice) [2018] Under the Labor Code, authorized causes are classified into two (2)
● Seasonal: an employee works or performs services during a particular classes, namely:
season, on an activity that is usually necessary or desirable in the (1) Business-related causes. - Referring to the grounds specifically
usual business or trade. Begino v. ABS-CBN Corporation, G.R. No. mentioned in Article 298, to wit:
199166 [2015]
● Installation of a labor-saving device;
● Fixed-term: It is a contract of employment for a definite period that ● Redundancy;
terminates by its own terms at the end of such period Brent School vs
● Retrenchment;
Zamora, GR No. L- 48494 [1990]
● Closure or cessation of
● Floating status: If the employee was forced to remain without work or business operations NOT due to serious business losses or financial
assignment for a period exceeding six (6) months, then he is in effect reverses; and
constructively dismissed. Valdez v. National Labor Relations ● Closure or cessation of business operations due to serious business
Commission, G.R. No. 125028 [1998]
losses and financial reverses.
(2) Health-related causes. – Referring to disease covered by Article 299.

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 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
Due process questions involving the legality of strikes and lockouts; and
Twin notice requirement: The twin notice rule requirement refers to the 2 (6) Except claims for Employees Compensation, Social Security, Medicare
written notices, served by the employer to the employee, which shall be and maternity benefits, all other claims arising from employer-
observed employee relations, including those of persons in domestic or
Hearing: After serving the 1st notice the ER should afford the EE ample household service, involving an amount exceeding five thousand pesos
opportunity to be heard and to be defend himself/herself with the (P5,000.00) regardless of whether accompanied with a claim for
assistance of his/her representative if he/she desires. A formal hearing or reinstatement. Article 224, LC
conference becomes mandatory only when requested by the employee in
JURISDICTION OF LABOR ARBITER VS. JURISDICTION OF
writing or substantial evidentiary disputes exists or a company rule or
REGIONAL DIRECTOR
practice requires it, or when similar circumstances justify it DO No. 147-15,
Sec. 5.1(b). Labor Arbiter Regional Director
1. Hears unfair labor practice 1. To to hear and decide any
Termination of contract of migrant workers under RA 8042 as cases, termination disputes, matter involving the recovery
amended by RA 10022 claims for reinstatement, of wages and other monetary
In case of termination of overseas employment without just or authorized claims for damages arising claims and benefits
cause, the worker shall be entitled to: from employer-employee 2. That such complaint does not
(1) Full reimbursement of his placement fee with interest of 1 2 % per relationship. include a
annum; 2. Cases arising from any 3. claim for reinstatement
(2) Salaries for the unexpired Portion Of his employment contract IRR of violation of Article 264 of this 4. That money claims of each
RA 8042 as amended, Rule VII, Sec. 6; and Code. employee or house helper do
(3) Exemplary, moral, and other forms 3. Claims from employer- not exceed five thousand
of damages if the acts or omissions of the employer is tainted with bad employee relations that pesos (P5,000.00)
faith, malice, or fraud RA 8042 as amended, Sec. 10 exceed five thousand pesos 5. Shall decide or resolve the
(P5,000) complaint within thirty (30)
TERMINATION OF EMPLOYMENT BY EMPLOYEE 4. Money Claims that: calendar days from the date of
Resignation vs. constructive dismissal a. Money claims arose from the filing of the same
● Voluntary resignation: Having been voluntarily and freely tendered by ER-EE relations; Note: If 6. Such decision or resolution of
the employee. not, regular courts have the Regional Director is
● Constructive dismissal: Involuntary resignation resorted to when jurisdiction. appealable to the NLRC
continued employment is rendered impossible, unreasonable or b. Money claims arose from within five (5) calendar days
unlikely. law or contracts other than from receipt of a copy of said
Preventive suspension a CBA. Note: If not, decision or resolution (LABOR
Preventive suspension, both in the public and private sectors, is either a Voluntary Arbitrator has CODE, Art. 129).
precautionary measure or a penalty adopted by the employer in its exercise jurisdiction.
of power to discipline. REQUISITES TO PERFECT AN APPEAL WITH THE NATIONAL LABOR
Reliefs from illegal dismissal RELATIONS COMMISSION
(1) Reinstatement Requirements to perfect an appeal:
(a) Separation Pay in lieu of Reinstatement 1. Filed within the reglementary period;
(2) Back Wages a) GR: 10 days from receipt of decision or award of LA
(3) Damages b) XPN: In case of decisions or resolutions of RD pursuant to Art 129,
within 5 calendar days
Retirement
c) NOTE: No motion or request for extension shall be allowed
The law has been enacted as a labor protection measure and as a curative
statute that – absent a retirement plan devised by, an agreement with, or a 2. Verified by the appellant in accordance with Sec 4 Rule 7 of Rules of
voluntary grant from, an employer can respond, in part at least, to the Court;
financial well-being of workers during their twilight years soon following 3. In the form of a memorandum of appeal which shall
their life of labor. Philippine Scout Veterans Security and Investigation a) State the grounds relied upon and
Agency v. National Labor Relations Commission, G.R. No. 115019 [1997] b) The arguments in support thereof,
c) The relief prayed for, and
JURISDICTION AND REMEDIES d) With a statement of the date the appellant received the appealed
decision, award or order
LABOR ARBITER 4. It must be in three (3) legibly typewritten or printed copies;
5. Accompanied by:
Except as otherwise provided under this Code, the Labor Arbiters shall
a) proof of payment of the required Appeal fee and legal research
have original and exclusive jurisdiction to hear and decide, within thirty (30)
calendar days after the submission of the case by the parties for decision fee;
b) posting of a cash or surety Bond in case the decision of the
without extension, even in the absence of stenographic notes, the following
Labor Arbiter or the Regional Director involves a monetary
cases involving all workers, whether agricultural or non-agricultural:
award as provided in Section 6, Rule VI of the 2011 NLRC
(1) Unfair labor practice cases;
Rules of Procedure; and
(2) Termination disputes; 6. To be filed with the Regional Arbitration Branch of the Regional Office
(3) If accompanied with a claim for reinstatement, those cases that workers where the case was heard and decided
may file involving wages, rates of pay, hours of work and other terms
REINSTATEMENT AND/OR EXECUTION PENDING APPEAL
and conditions of employment; In case the decision includes an order of reinstatement, and the employer
(4) Claims for actual, moral, exemplary and other forms of damages arising disobeys the directive under the second paragraph of Section 19 of Rule
from the employer-employee relations; V or refuses to reinstate the dismissed employee, the Labor Arbiter shall
(5) Cases arising from any violation of Article 264 of this Code, including

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 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
immediately issue writ of execution, even pending appeal, directing the The Bureau shall have fifteen (15) working days to act on labor cases
employer to: before it, subject to extension by agreement of the parties. Art. 232, LC
1. to immediately reinstate the dismissed employee either physically or in
the payroll, and DIFFERENT MODES OF ACQUIRING OWNERSHIP
2. to pay the accrued salaries as a consequence of such non-
reinstatement in the amount specified in the decision. NATIONAL CONCILIATION AND MEDIATION BOARD
The Labor Arbiter shall motu proprio issue a corresponding writ to satisfy The NCMB is an agency attached to the DOLE principally in charge of the
the reinstatement wages as they accrue until actual reinstatement or settlement of labor disputes through conciliation, mediation, and of the
reversal of the order of reinstatement (En Banc Resolution No. 11-12, Series promotion of voluntary approaches to labor dispute prevention and
of 2012). settlement. Sec. 23, RULE III, 2017 NCMB Manual of Procedures for
The Sheriff shall serve the writ of execution upon the employer or any other Conciliation and Preventive Mediation Cases
person required by law to obey the same. If he/she disobeys the writ, such Conciliation vs. Mediation
employer or person may be cited for contempt in accordance with Rule IX. Conciliation: Process of dispute management whereby parties in dispute
Sec 19(2) Rule V. In case the decision of the Labor Arbiter includes an are brought together for the purpose of amicably settling the case upon a
order of reinstatement, it shall likewise contain: fair compromise; determining the real parties in interest; defining and
1. a statement that the reinstatement aspect is immediately executory; simplifying the issues in the case; entering into admissions or stipulations
and of facts; and threshing out all other preliminary matters Sec. 8, Rule V, 2011
2. a directive for the employer to submit a report of compliance within ten NLRC Rules of Procedure
(10) calendar days from receipt of the said decision. Mediation: Voluntary process of settling dispute where the parties elect a
mediator to facilitate the communication and negotiation, between the
NATIONAL LABOR RELATIONS COMMISSION parties in dispute, for the purpose of assisting them in reaching a
The Commission shall have the power and authority: compromise. Sec. 3(q), Rep. Act No. 9285 or the Alternative Dispute
Resolution Law
(1) To promulgate rules and regulations governing the hearing and
disposition of cases before it and its regional branches, as well as
those pertaining to its internal functions and such rules and DOLE REGIONAL DIRECTORS
regulations as may be necessary to carry out the purposes of this The Regional Director exercises both visitorial and enforcement power
Code; over labor standard cases, and is therefore empowered to adjudicate
(2) To administer oaths, summon the parties to a controversy, issue uncontested money claims of persons still employed Art. 128, Labor Code
subpoenas requiring the attendance and testimony of witnesses or
the production of such books, papers, contracts, records, statement DOLE SECRETARY
of accounts, agreements, and others as may be material to a just Jurisdiction
determination of the matter under investigation, and to testify in any The Labor Code grants plenary power to the SOLE to assume jurisdiction
investigation or hearing conducted in pursuance of this Code; over a labor dispute in an industry indispensable to the national interest or
(3) To conduct investigation for the determination of a question, matter or to certify the same to the NLRC for compulsory arbitration.
controversy within its jurisdiction;
Visitorial and Enforcement Powers
(4) To hold any person in contempt directly or indirectly and impose
● Access to employer's records and premises at any time of the day
appropriate penalties therefor in accordance with law; and
or night whenever work is being undertaken therein
(5) To enjoin or restrain any actual or threatened commission of any or
● Power to issue compliance orders to give effect to the labor
all prohibited or unlawful acts or to require the performance of a
standards provisions of this Code and other labor legislation
particular act in any labor dispute.
● Order stoppage of work or suspension of operations of any unit or
department of an establishment
COURT OF APPEALS ● Require employers to keep and maintain such employment records
Decisions of Voluntary Arbitrators are appealable by ordinary appeal Sec. as may be necessary in aid of his visitorial and enforcement powers
1, Rule 43 of the Rules of Civil Procedure. Decisions of the Bureau of Labor ● Supervise the payment of unpaid wages and other monetary claims
Relations in its appellate jurisdiction by way of a petition for certiorari under and benefits, including legal interest, found owing to any employee
Rule 65; and Decisions of the NLRC in its appellate jurisdiction must be or house helper
elevated to the Court of Appeals by way of a petition for certiorari under
Rule 65. Power to Suspend Effects of Termination
The Secretary of the Department of Labor and Employment may suspend
the effects of the termination pending resolution of the dispute in the event
SUPREME COURT of a prima facie finding by the appropriate official of the Department of
Decisions, orders or resolutions of the Commission may be reviewed on Labor and Employment before whom such dispute is pending that the
certiorari by the Supreme Court on question of law upon petition of an
termination may cause a serious labor dispute or is in implementation of a
aggrieved party within ten (10) days from notice thereof. mass lay-off.
BUREAU OF LABOR RELATIONS Remedies
The Bureau of Labor Relations and the Labor Relations Divisions in the Where no employer-employee relation exists between the parties and no
regional offices of the Department of Labor shall have original and issue is involved which may be resolved by reference to the Labor Code,
exclusive authority to act, at their own initiative or upon request of either or other labor statutes, or any collective bargaining agreement, it is the RTC
both parties, on all inter-union and intra- union conflicts, and all disputes, that has jurisdiction. (Urbanes v. Secretary of Labor, G.R. No. 122791,
February 19, 2003).
grievances or problems arising from or affecting labor-management
relations in all workplaces, whether agricultural or non-agricultural, except Grievance Machinery: Before an aggrieved employee may resort to the
those arising from the implementation or interpretation of collective courts to enforce his individual rights under a bargaining contract, the
bargaining agreements which shall be the subject of grievance procedure employee must exhaust all the remedies available under such contract.
and/or voluntary arbitration. The court should not entertain any complaint by an aggrieved employee

11
 BAR FINGERTIPS (Based on the 2023 BAR Syllabus)
until proper use has been made of the contract grievance procedure
agreed upon by the employer and the bargaining representative.
Exceptions:
1. When the grievance machinery is proven to be ineffective in the past.
2. When the parties inadvertently failed to include a grievance machinery
provision in their CBA.

VOLUNTARY ARBITRATOR
The Voluntary Arbitrator or panel of Voluntary Arbitrators shall have
original and exclusive jurisdiction to hear and decide all unresolved
grievances arising from the interpretation or implementation of the
Collective Bargaining Agreement and those arising from the interpretation
or enforcement of company personnel policies referred to in the
immediately preceding article. Accordingly, violations of a Collective
Bargaining Agreement, except those which are gross in character, shall no
longer be treated as unfair labor practice and shall be resolved as
grievances under the Collective Bargaining Agreement. For purposes of
this article, gross violations of Collective Bargaining Agreement shall mean
flagrant and/or malicious refusal to comply with the economic provisions of
such agreement.
The Commission, its Regional Offices and the Regional Directors of the
Department of Labor and Employment shall not entertain disputes,
grievances or matters under the exclusive and original jurisdiction of the
Voluntary Arbitrator or panel of Voluntary Arbitrators and shall immediately
dispose and refer the same to the Grievance Machinery or Voluntary
Arbitration provided in the Collective Bargaining Agreement. Art. 274, LC

PRESCRIPTION OF ACTIONS
Money Claims
All money claims arising from employer-employee relations accruing
during the effectivity of this Code shall be filed within three (3) years from
the time the cause of action accrued; otherwise they shall be forever
barred. All money claims accruing prior to the effectivity of this Code shall
be filed with the appropriate entities established under this Code within one
(1) year from the date of effectivity, and shall be processed or determined
in accordance with the implementing rules and regulations of the Code;
otherwise, they shall be forever barred. Workmen's compensation claims
accruing prior to the effectivity of this Code and during the period from
November 1, 1974 up to December 31, 1974, shall be filed with the
appropriate regional offices of the Department of Labor not later than
March 31, 1975; otherwise, they shall forever be barred. The claims shall
be processed and adjudicated in accordance with the law and rules at the
time their causes of action accrued. Art. 306, LC
Illegal Dismissal
Four (4) years from accrual of the cause of action.
Unfair Labor Practices
One (1) year from the accrual of the cause of action.
Offenses under the Labor Code
Three (3) years from the date of the commission of the crime.
Illegal Recruitment
Simple Illegal Recruitment: Five (5) years from the accrual of the cause of
action.
Illegal Recruitment involving Economic Sabotage: Twenty (20) years from
the accrual of the cause of action.

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