PERSONS

She was already due to give birth

Theactofnamingtheunbornchildassolebeneficiaryinthe
insuranceisfavorabletotheconceivedchildandtherefore
thefetusacquirespresumptiveorprovisionalpersonality.
However,saidpresumptivepersonalityonlybecomes
conclusiveifthechildisbornalive.Thechildneednot
survivefortwentyfour(24)hoursasrequiredunderArt.41
oftheCodebecause"Marianwasalreadyduetogivebirth,"
indicatingthatthechildwasmorethansevenmonthsold.

Not considered born: unjust enrichment

SinceAngelahadanintrauterinelifeoflessthanseven(7)
monthsbutdidnotlivefor24hours,shewasnotconsidered
bornand,therefore,didnotbecomeaperson.Notbeinga
person,shehasnojuridicalcapacitytobeadonee,hence,the
donationtoherdidnottakeeffect.Thedonationnotbeing
effective,theamountdonatedmayberecovered.Toretainit
willbeunjustenrichment.

BuyslandinAustraliabecause16yearoldsareallowed

Nationality Priciple

As applied to foreign nationals with the respect to family relations and

status of persons, the nationality principle set forth in Article 15 of the
Civil Code will govern the relations of Emmanuel and Margarita. Since
they are American citizens, the governing law as to the ground for
annulment is not Kenyan Law which Magarita invokes in support of
sterility as such ground; but should be U.S. Law, which is the national Law
of both Emmanuel and Margarita as recognized under Philippine Law.
Hence, the Philippine court will not give due course to the case based on
Kenyan Law. The nationality principle as expressed in

Change of name in NY allowed

New York law shall apply. The petition of change of name file din New York
does not concern the legal capacity or status of the petitioner. Moreover, it
does nto affect the registry of any other country including the country of
birth of the petitioner. Whatever judgment is rendered in that petition will
have effect only in New York. The NY Court cannot order the Civil
Registrar in the Philippines to change its records. Again, only NY records
will be affected. Same argument for foreigner seeking the same petition in
the Philippines: allowed & using Phlippine law.

Doctrine of Processual Presumption

If the foreign law necessary to the resolve an issue is not proven as a

fact, the court of the forum may presume that the foreign law is the same
as the law of the forum.

Notallowed.Lawsrelatingtofamilyrightsandduties,orto

thestatus,conditionorlegalcapacityofpersonsarebinding
uponthecitizensofthePhilippines,eventhoughliving
abroad(Art.15,NCC).TheageofmajorityunderPhilippine
lawis18years(R.A.No.6809);hence,Roberta,beingonly
17yearsold,hasnolegalcapacitytoacquireandownland.
fetusapersonforpurposesfavorabletoitprovideditisborn
laterinaccordancewiththeprovisionoftheNCC.Whilethe
donationisfavorabletothefetus,thedonationdidnottake
effectbecausethefetuswasnotborninaccordancewiththe
NCC.

1)
2)
3)

4)

Conflict of Laws Theories

Statute theory. There is a domestic law authorizing the local court
to assume jurisdiction.
Comity theory. The local court assumes jurisdiction based on the
principle of comity or courtesy.
Public Order. To maintain peace and order, disputes that disturb
the peace of the forum should be settled by the court of the
forum even though the application of the foreign law is necessary
for the purpose.
Humanitarian Principle. An aggrieved party should not be left
without remedy in a forum even though the application of the
foreign law by the courts of the forum is unavoidable in order to
extend relief.

ADOPTION

Adoption of Illegitimate child: Legally separated but has

legitimate kids

The consent of the 14-year-old legitimate child, of the 10- year -old
illegitimate child and of the biological mother of the illegitimate child are
needed for the adoption (Section 7 and 9, RA 8552). The consent of Lea is
no longer required because there was already a final decree of legal
separation.

Middle name and surname of adopted child

Adoption of Stephanie Nathy Astorga Garcia, G.R. No. 148311, March 31,
2005, the Supreme Court ruled that the adopted child may use the
surname of the natural mother as his middle name because there is no
prohibition in the law against it. Moreover, it will also be for the benefit of
the adopted child who shall preserve his lineage on his mothers side and
reinforce his right to inherit from his mother and her family. Lastly, it will
make the adopted child conform with the time-honored Filipino tradition of
carrying the mothers surname as the persons middle name.

Adopt jointly if spouses, despite the children already being of age.

Case does not fall under the exceptions.

Consent necessary: New Domestic Adoption Act

Yes, there is a legal obstacle to the legal adoption of Amy by Andrew.

Under Sec. 9(d) of RA 8552, the New Domestic Adoption Act of 1998, the
written consent of the illegitimate sons/daughters, ten (10) years of
age or over, of the adopter, if living with said adopter and the latter's
spouse, if any, is necessary to the adoption.

MARRIAGE

Sex reassignment

After undergoing sex reassignment in a foreign country, Jose, who is

now using the name of "Josie," married his partner Ador. Is the
marriage valid?
No. The marriage is not valid because one essential element of
marriage is absent: legal capacity. In the Philippines, only a man and
a woman are legally capacitated to marry. To allow Jose and Ador to
marry would run counter to the said provision.In the case of Silverio
vs. Republic: SC ruled that sex is determined by visually looking at
the genitals of a baby at the time of birth is immutable and that there

is no law legally recognizing sex change. (Compare to Republic vs.

Cagandahan)
ANNULMENT

Sterility not a ground for annulment of Pinoys: Art 15, 45

However, while Kenyan law governs the formal validity of the marriage,
the legal capacity of the Filipino parties to the marriage is governed not
by Kenyan law but by Philippine law (Article 15, NCC). Sterility of a party
as a ground for the annulment of the marriage is not a matter of form but
a matter of legal capacity. The marriage cannot be annulled under the
Philippine law. Sterility is not a ground for annulment of marriage under
Article 45 of the Family Code.
CONLFICT WITH IMPOTENCE: Physical incapacity to consummate is a valid
ground for the annulment of marriage if such incapacity was existing at
the time of the marriage, continues and appears to be incurable. The
marriage may be annulled on this ground within five years from its
celebration.

Support pendete lite: spoiled kids case

Yes, the two children can still ask for support for schooling or training for
some professions, trade or vocation, even beyond the age of majority
until they shall have finished or completed their education (Article 194,
Paragraph 2, Family Code; Javier v. Lucero, 94 Phil. 634 {1954}].Their
having squandered the money given to them for their education will not
deprive them of their right to complete an education, or to extinguish the
obligation of the parents to ensure the future of their children.

Divorce: actions by foreign wife and poor Filipino husband

Yes , the divorce obtained by Wilma is recognized as valid in the

Philippines. At the time she got the divorce, she was already a foreign
national having been naturalized as a citizen of that small country in
Europe. A divorce obtained by a foreigner is recognized in the Philippines
if validly obtained in accordance with his or her national law .
I will advice Harry to:
1.
2.

Dissolve and liquidate his property relations with Wilma ; and

If he will remarry, file a petition for the recognition and
enforcement of the foreign judgment of divorced (Rule 39,Rules
of Court ).

Foreign Divorce; Equal protection: Clever/Desperate/Unfaithful

Filipina

In Republic v. Obrecido, however, the Supreme Court ruled that a

Filipino spouse is given the capacity to remarry even though the spouse
who obtained the divorce was a Filipino at the time of the marriage, if the

latter was already a foreigner when the divorce was already obtained
abroad. According to the court, to rule otherwise will violate the equal
protection clause of the Constitution.

Psych Incapacity (2014 bar)

In the present case, the spouses frequent squabbles and

respondents refusal to sleep with petitioner and be supportive to him
do not constitute psychological incapacity. The records show that
petitioner and respondent were living in harmony in the first few
years of their marriage, which bore them four children. Psychological
incapacity must be more than just a "difficulty," "refusal" or "neglect"
in the performance of some marital obligations, it is essential that
they must be shown to be incapable of doing so, due to some
psychological illness existing at the time of the celebration of the
marriage.
Lastly, petitioner failed to show that grave and incurable incapacity,
on the part of both spouses, existed at the time of the celebration of
the marriage. Their bickerings and arguments even before their
marriage and respondents scandalous outbursts in public, at most,
show their immaturity, and immaturity does not constitute
psychological incapacity. Thus so far, both petitioner and respondent
have not shown proof of a natal or supervening disabling factor, an
adverse integral element in their personality structure that effectively
incapacitates them from accepting and complying with the
obligations essential to marriage.
Issuance of Decree of Annulment (2014 BAR)
Dinah filed a motion for partial reconsideration questioning the
portion of the decision on the issuance of a decree of nullity of
marriage only after the liquidation, partition and distribution of
properties under Article 147 of the Code.

The decree will only issue after:

1) the registration of Entry of Judgment in the proper local civil
registries, and
2) uponregistrationofapprovedpartitionanddistributionofproperties
ofthespouses,and
3) thedeliveryofpresumptivelegitimes

Judicial recognition of degree of divorce

Divorce must be valid and in accordance with foreign law. The foreign
marital law and divorce decree must be proved and cannot be taken
judicial notice of. It is essential that there should be an opportunity to
challenge the foreign judgment in order for the court in this jurisdiction to
properly determine its efficacy.

LEGAL SEPARATION

Legal Separation: Condonation vs. Continuing Act

Nikkis action will not prosper on account of condonation. However, if such

affair is still continuing, Nikkis action would prosper because the action
will surely be within five (5) years from the commission of the latest act of
sexual infidelity. Every act of sexual liaison is a ground for legal
separation.
Every act of sexual liaison is a ground for legal separation.
Every act of sexual liaison is a ground for legal separation.
Every act of sexual liaison is a ground for legal separation.
Every act of sexual liaison is a ground for legal separation.
Every act of sexual liaison is a ground for legal separation.

Narcissistic Personality Disorder insufficient for Annulment on

ground of psych incapacity

The psychological incapacity under Art. 36 of the Family Code must be

characterized by (a) gravity, (b) juridical antecedence, and (c)
incurability. It is not enough to prove that the parties failed to meet
their responsibilities and duties as married persons; it is essential that
they must be shown to be incapable of doing so, due to some
physiological (not physical) illness. The annulment cannot be guaranteed
solely on the basis of the psychological report. For the report to prove the
psychological incapacity of the respondent, it is required that the
psychologist should personally examine the respondent and the
psychological report should be based on the psychologists independent
assessment of the facts as to whether or not the respondent is
psychologically incapacitated.

5 year Cohabitation Rule

This five- year period is characterized by exclusivity and continuity

(and lack of legal impediment). In the present case, the marriage of
Roderick and Faye cannot be considered as a marriage of exceptional
character, because there were 2 legal impediments during their
cohabitation: minority on the part of Faye, during the first two years of
cohabitation; and, lack of legal capacity, since Faye married Brad at the
age of 18. The absence of a marriage license made the marriage of Faye
and Roderick void ab initio.

Art 41. Remarriage, Presumptive Death

Art. 41 FC allows the present spouse to contract a subsequent marriage

during the subsistence of his previous marriage provided that:
1)
2)
3)

his prior spouse in the first marriage had been absent for four
consecutive years;
that the spouse present has a well-founded belief that the absent
spouse was already dead, and
present spouse instituted a summary proceeding for the
declaration of the presumptive death of absent spouse. The
absence of the said judicial declaration incapacitated Ana from
contracting her second marriage, making it void ab initio

Parental Authority of Illegitimate Child: Mother! (despite

recognition by father)

Rodolfo has no parental authority over Rona. He who has the parental
authority has the right to custody. Under the Family Code, the mother
alone has parental authority over the illegitimate child. This is true even if
illegitimate father recognized the child and even though he is giving
support for the child. To acquire custody over Rona, Rodolfo should first
deprive Nanette of parental authority if there is ground under the law, and
in a proper court proceedings. In the same action, the court may award
custody of Rona to Rodolfo if it is for her best interest.

Parental Authority: In Vitro

Argument: Majorette, the mother, can exercise parental authority. Since

the child was born out of wedlock, the child is illegitimate and the mother
has the exclusive parental authority and custody over the child. OR Gigolo
can exercise parental authority over the child. Majorette has no blood
relation to the child. She is just a carrier of the child. Furthermore, as
her lawyer, I can file a petition for habeas corpus on behalf Majorette to
recover custody of her child. Since she is the mother of the child that was
born out of wedlock, she has exclusive parental authority and custody
over the child. Gigolo, therefore, has no right to have custody of the child
and his refusal to give up custody will constitute illegal detention for which
habeas corpus is the proper remedy.

2)

3)

Steps: allowed to marry; if the other child is adopted then public

policy prohibition applies

Marriage between stepbrothers and stepsisters are not among the

marriages prohibited under the Family Code.

1)

Born of different father but inside/during a valid marriage with

another man: The Case of the Terribly Confused and Wronged

Child
Laica is legitimate because children conceived or born during the
marriage of the parents are presumed to be legitimate
Laica cannot bring an action to impugn her own status. I
mpugning the legitimacy of the child is a strictly personal right of
husband, except: (a) when the husband died before the
expiration of the period fixed for bringing the action; (b) if he
should die after the filing of the complaint, without having
desisted therefrom, or (c) if the child was born after the death of
the husband. Laica's case does not fall under any of the
exceptions.
Laica cannot be legitimated by the marriage of her biological
parents because only children conceived and born outside of
wedlock of parents who at the time of the conception of the
former were not disqualified by any impediment to marry each
other may be legitimated

Legitimation: takes place only when there is no legal

impediment to marry (or only problem was non-age)

Gianna cannot be legitimated by the subsequent marriage of Andy and

Aimee. Art. 177 of the FC provides that "only children conceived and born
outside of wedlock of parents who, at the time of the conception of the
former, were not disqualified by any impediment to marry each other may
be legitimated." In the present case, a legal impediment was existing at
the time of the conception of Gianna. Her mother, Aimee, was still alive in
the process of securing judicial declaration of nullity on her marriage to
her ex-husband.

Deceased child can be legitimated

To be legitimated, the law does not require a child to be alive at the same
time of the marriage of his / her parents ( Article 177, FC ). Furthermore,
Art. 181 of the Family Code which states that [Th]e llegitimation of
children who died before the celebration of marriage will benefit their
descendants, does not preclude instances where such legitimation will
benefit no one but the child's ascendants ,or other relatives

Support from legit sibs only

Art. 195, par 5 limits the giving of support to "legitimate brothers and
sisters, whether full or half blood."

Revilla law: Optional use of fathers surname

Under RA 9255, otherwise known as the Revilla law, however, the

illegitimate child is given the option to use the surname of the illegitimate
father when the latter has recognized the former in accordance with law.
Since the choice belongs to the illegitimate child, Rodolfo cannot compel

Rona, if already of age, to use the surname against her will. If Rona is still
a minor, to use the surname of Rodolfo will require the consent of Rona's
mother who has sole parental authority over her.

At all times, legitimate. Note that it is deemed absurd to want to

renounce legitimacy in favor of illegitimacy.

They were born during a valid marriage, hence, considered legitimate

children of the spouses. This status if conferred on them at birth, by
law. Under Philippine law, a person cannot have more than one
natural filiation. The legitimate filiation of a person can be changed
only if the legitimate father will successfully impugn such status.
In the problem, therefore, the filiation of Alberto and Baldomero as
legitimate children of Condrado cannot be changed by their recognition by
Edilberto as his illegitimate children. Before they can be conferred the
status of Edilbertos illegitimate children, Condrado must first impugn their
legitimacy. Since Condrado has not initiated any action to impugn their
legitimacy, they continue to be the legitimate of Condrado. They cannot
be the illegitimate children of Edilberto at the same time. Not being the
illegitimate children of Edilberto, they have no right to inherit from him.

PROPERTY RELATIONS

Salary in adulterous relationship goes to legal spouses lol

In adulterous relationship, the salary of a married partner belongs to the

absolute community, or conjugal partnership, of such married partner with
his or her lawful spouse. Under Articles 148 of the Family Code, the
property relations between married partner and his/her paramour is
governed by ordinary co-ownership where the partners become co-owners
only when they contributed to the acquisition of the property. The
paramour is deemed to have not contributed in the earning of the
salary of the married partner.

On debt contracted when still single: becomes ACP debt

The debt is already the responsibility of the community property, because

the property already constitutes absolute community property under Art.
91 of FC which took effect in 1988 while the house and lot here involved
was purchased in 1990. There is no indication that the spouse who bought
the property had legitimate descendants by a former marriage, which
would exclude the house and lot from the community property, Art. 92 par
3, FC). If the spouses established a conjugal partnership, the property
belongs to the individual spouse if full ownership was vested before
marriage (Art. 118, FC).

147 vs. 148

If both of them are capacitated to marry each other, Art 147- co-

ownership will apply to their property relations and the properties in

question are owned by them in equal shares even though all the funds
used in acquiring the properties came only from the salaries or wages, or
the income of Jambrich from his business or profession. Moreover,
subsequent transfer of interest by a disqualified alien removes such
disqualification such that person to whom it is transferred acquires lawful
interest thereto.
If not capacitated, Art. 148-co-ownership governs their property relations.
They are deemed co-owners of the properties only if both of them
contributed in their acquisition. If all the funds came from, say, a
disqualified alien, property still belongs to him.
See: Property Relations; Void Marriages (2010) p 43.

Retroactive application of FC: Article 256, the Family Code has

retroactive effect insofar as it does not prejudice or impair vested
or acquired rights under the new Civil Code or other laws.

Family Home (2014 BAR)

Purpose of Art 159 is to avert the disintegration of the family unit

following the death of one of its heads. Heirs cannot partition for a period
of 10 years from the death of one or both of spouses or unmarried head
or for a longer period if there is still a minor beneficiary living therein.
Further, even if family home has passed by succession of has been willed,
this fact alone cannot transform the family home into an ordinary
property, much less dispel the protection cast upon it by law.
SUCCESSION: See: heirs intestate succession p. 47 + skipped the
succession part (exclusive REVIEW)

Void first marriage

If the nullity of the first marriage was psychological incapacity of one or

both spouses, the three children of that void marriage are legitimate and
all of the legal heirs shall share the estate of Peter in equal shares. If the
judgment of nullity was for other causes, the three children are
illegitimate and the estate shall be distributed such that an illegitimate
child of the first marriage shall receive half of the share of a legitimate
child of the second marriage, and the second wife will inherit a share
equal to that of a legitimate child. In no case may the two legitimate
children of the second marriage receive a share less than one-half of the
estate which is their legitime. When the estate is not sufficient to pay all
the legitimes of the compulsory heirs, the legitime of the spouse is
preferred and the illegitimate children suffer the reduction.

hindi bilang pamana ko sa kanila kundi upang pamahalaan

at pangalagaan para sa kaapuapuhan ko sa habang

panahon, ay may tutuluyan kung magnanais na mag-aral sa

Maynila o sa kalapit na mga lungsod (2014 bar)
Valid,saveforthelastpartconcerningkaappuapuhansahabangpanahon
becauseitmustbedeterminate.However,shallonlybeconsiderednotwritten.
DONATIONS

Illegal and impossible conditions in a simple donation v. illegal

and impossible conditions in an onerous donation. (5%)

Illegal and impossible conditions in a simple donation are considered as

not written. Such conditions, shall therefore, be disregarded but the
donation remains valid (Art. 727, NCC). On the other hand, illegal and
impossible donations imposed in an onerous donation shall annul the
donation (Art. 1183, NCC). This is so, because onerous donations are
governed by the law on contracts (Art. 733, NCC).

part of the public domain. Thus, Jessica cannot legally claim ownership of
the additional 2 meters of land along her property because she
constructed a concrete barrier about 2 meters from her property causing
deposits of soil and other materials when the water recedes. In other
words, the increase in her property was not caused by nature but was
man- made. In order to acquire land by accretion, there should be a
natural and actual continuity of the accretion to the land of the riparian
owner caused by natural ebb and flow of the current of the river.

Inter vivos despite taking effect after death: Presumption;

Revocability

When the donor intends that the donation shall take effect during the
lifetime of the donor, though the property shall not be delivered till after
the donors death, this shall be a donation inter vivos (Art. 729, Civil
Code).

The Civil Code prefers inter vivos transmissions. Moreover, mortis causa
donations should follow the formalities of a will (Art. 728, Civil Code).
Here there is no showing that such formalities were followed. Thus, it is
favorable to Jennifer that the deed is a donation inter vivos.

If the properties of Jessica and Jenny are registered, the benefit of such
registration does not extend to the increased area of their properties.
Accretion does not automatically become registered land because there is
a specific technical description of the lot in its Torrens title. There must be
a separate application for registration of the alluvial deposits under the
Torrens System
1)
2)
3)
4)

5)
On revocability as an indication: Furthermore, what is most significant in
determining the type of donation is the absence of stipulation that the
donor could revoke the donation; on the contrary, the deeds expressly
declare them to be irrevocable, a quality absolutely incompatible with
the idea of conveyances mortis causa where revocability is the essence of
the act, to the extent that a testator cannot lawfully waive or restrict his
right of revocation.

PROPERTY

Accretion: man-made

Where the land is not formed solely by the natural effect of the water
current of the river bordering land but is also the consequences of the
direct and deliberate intervention of man, it is man-made accretion and a

Separate registration necessary

Right to demand activation of right of way

The easement of the right of way is a real right which attaches to,
and is inseperable from, the estate to which it belongs.
The sale of the property includes the easement or servitude, even if
the deed of sale is silent on the matter.
The vendee of the property in which a servitude or easement exists
cannot close or put obstructions thereon to prevent the dominant
estate from using it.
Avas working abroad for more than ten (10) years should not be
construed as non-user, because it cannot be implied from the fact
that she or those she left behind to cultivate the lot no longer use the
right of way.
Renunciation or waiver of an easement must be specific, clear,
express and made in a public instrument in accordance with Art
1358 of the NCC

Since a right of way is a discontinuous easement, the period of ten years

of non-user, shall be computed from the day it ceased to be used under
Act 6341 (2) CC.

Hidden treasure: old coins; forms part of ACP/CPG

The notes and coins are no longer owned by the Bank of the Philippine
Islands, which has either lost or abandoned the vault and its contents,
and it has not taken any effort to search, locate or recover the vault.
Adam, as finder, and Blas, as owner of the land, are entitled to share 5050 in the treasure. The government can only claim if it can establish that
the notes and coins are of interest to science or the arts, then it must pay
just price of the things found, to be divided equally between Adam and
Blas. If either or both Adam and Blas are adjudged as owners, the notes
and coins shall be deemed part of their absolute community or conjugal

partnership of gains with their respective spouses

Act 3344 is applicable exclusively to instruments resulting from

agreement of parties thereto and does not apply to deeds of a sheriff
conveying to a purchaser unregistered lands sold to him under execution

Occupation vs. Possession

Occupation is a mode of acquiring dominion by the seizure of corporeal

things which have no owner, with the intention of acquiring the ownership
thereof. It is an original mode of acquiring ownership upon seizure of a
res nullius by the occupant who has the intention to become the owner
thereof.

Possession, on the other hand, is the holding of the thing or an enjoyment

of a right. Possession may be the real right of possession or jus
possessiones or it can be merely the right to possess or jus possedendi,
which are among the basic rights of ownership. If the real right of
possession is possession in the concept of owner, but subject to certain
limitations, it may ripen into full ownership of the thing or property right
through acquisitive prescription depending on whether it is a case of
ordinary or extraordinary prescription and whether the property is
movable or immovable.

The governing law is the Land Registration Act as amended by

Property Registration Decree (Act 496 as amended by PD 1529).

1)

2)

3)

Dacion en pago: Renunciation by co-owner of his share in lieu of

paying taxes and expenses

LAND TITLES AND DEEDS

4)

The following properties are not registrable:

1)
2)
3)
4)
5)

Properties of the Public dominion;

Properties for public use or public service;
Inalienable lands of the public domain;
Military installations, civil and qsuasi- public lands; and
All lands not classified as alienable and disposable.
5)

Writ of Possession prescriptive period

If the real property mortgaged is judicially foreclosed, the action for
judicial foreclosure should be filed within a period of ten (10) years. The
request for issuance of a writ of possession should be filed upon motion of
the winning bidder within five (5) years after the judgment of foreclosure.
The writ of possession is an order commanding the sheriff to place a
person named therein in possession of real property.

Act 3344

Application Options
Application for registration which requires (a) that the land applied
for forms part of the alienable and disposable (A & D) portion of the
public domain, and (b) that the applicant has been in open,
continuous and notorious possession and occupation thereof under
bona fide claim of ownership for ___. However, it is only necessary
that the land is already declared A & D land at the time for
application for registration is filed
Ordinary Acquisitive Prescription for 30 years provided, however, that
the land is patrimonial in character, i.e. already declared by the
government (a) as A & D, and (b) no longer needed for public use or
public service
Application for confirmation of imperfect or incomplete title through
judicial legalization under Sec. 48 (b) of CA no. 141, or the Public
Land Act (PLA). But, as held in Malabanan, there is no substantial
difference between this provision and Sec 14 (1) of the PRD. Both
refer to agricultural lands already classified as alienable and
disposable at the time the application is filed, and require possession
and occupation since June 12, 1945. The only difference is that under
the PRD, there already exists a title which is to be confirmed,
whereas under the PLA, the presumption is that land is still public
land
Invoke Vested Rights acquired under Rep. Act. No. 1942, dated June
2, 1957, which amended Sec. 48 (b) of the PLA by providing for a
prescriptive period of thirty years for judicial confirmation of
imperfect title. It must only be demonstrated that possession and
occupation commenced on January 24, 1947 and the 30-year period
was completed prior to the effectivity of PD No. 1073 on January 25,
1977. PD No. 1073 now requires possession and occupation since
June 12, 1945
Administrative proceedings under the homestead or free patent
provisions of the PLA. The title issued has the same efficacy and
validity as a title issued through judicial proceedings, but with the
limitations that the land cannot be sold or disposed of within five
years from the issuance of patent.

1)

What do you have to prove

show that ht eland is already classified as A & D at the time the
application for registration is filed and that he has been in
possession and occupation thereof in the manner required by
law since June 12, 1945, or earlier

2)

3)
4)

Manuel may tack his possession to that of his predecessor-ininterest (Michael) by the testimony of disinterested and
knowledgeable eyewitnesses. Overt acts of possession may
consist in introducing valuable improvements or declaring the
land for taxation purposes and paying realty taxes, all of which
are corroborative proof of possession.
To identify the land, he must submit the tracing cloth plan or a
duly-certified blueprint or whiteprint copy thereof
To show the classification of the land as A & D, the application
must be accompanied by (1) a CENRO or PENRO certification; and
(2) a certified true copy of the original classification approved by
the DENR Secretary. A presidential or legislative act may also be
considered.

Actions against seller in BF who is, incidentally, a lawyer

1. A civil action for damage for the fraudulent transfer of the
title in his name and to recover the value of the property;
2. An action against the National Treasurer for compensation
from the State Assurance Fund which is set aside by law to
pay those who lose their land suffer damages as a
consequence of the operation of the Torrens system;
3. A criminal action for forgery or falsification of public
document;
4. A complaint with the Supreme Court/Integrated Bar of the
Philippines to disbar or suspend him or other disciplinary
action for violation or the Code of Professional Ethics.

CONTRACTS

To sale vs. Of sale

A contract to sell is a species of conditional sale. The contract to sell does

not sell a thing or property; it sells the right to buy property. A conditional
sale is a sale subject to the happening or performance of a condition, such
as payment of the full purchase price, or the performance of other
prestation to give, to do or not to do. Compliance with the condition
automatically gives the right to the vendee to demand the delivery of the
object of the sale. In a contract to sell, however, the compliance with the
condition does not automatically sell the property to the vendee. It merely
gives the vendee the right to compel the vendor to execute the deed of
absolute sale.

OBLIGATIONS

Compensation

XYZ Bank can validly assert legal compensation. In the present case, all of
the elements of legal compensation are present: (1) XYZ Bank is the
creditor of Eduardo while Eduardo is the lessor of XYZ Bank; (2) both
debts consist in a sum of money, or if the things due are consumable,
they be of the same kind, and also of the same quality if the latter has
been stated; (3) the two debts be due; (4) they be liquidated and
demandable, and (5) over neither of them there be any retention or
controversy, commenced by third persons and communicated in due time
to the debtor

Novation

It is never presumed. In order that an obligation may be extinguished by

another, it is imperative that it be so declared in unequivocal terms, or
that the old and new obligations be on every point incompatible with
each other.

Check is not legal tender but may be used to effectuate

redemption

A check, whether a managers check or an ordinary check is not legal

tender, and an offer of a check in payment of a debt is not a valid tender
of payment and may be refused receipt by the oblige or creditors. Mere
delivery of checks does not discharge the obligation under a judgment.
It shall only effect payment when cashed or through the fault of creditor,
they have been impaired.
However, it is not necessary that the right of redemption be exercised by
delivery of legal tender. A check may be used for the exercise of right of
redemption, the same being a right and not an obligation. The tender of a
check is sufficient to compel redemption but is not in itself a payment that
relieves the redemptioner from his liability to pay the redemption price.

XP:
1.
2.

when the creditor is in estoppel or he had previously promised he

would accept a check
when the check has lost its value because of the fault of the
creditor as when he was unreasonably delayed in presenting the
check for payment

Obligations without an agreement

Labor unrest: Not fortuitous

A fortuitous event should occur independent of the will of the debtor or

without his participation or aggravation (Paras, Civil Code Annotated, vol.
IV, 2000 ed., p 159). As mentioned in the facts, labor unrest of the
employees was caused by AB Corp.'s failure to pay its employees on time.

These are obligations that do not arise from contract such as those arising
from:

1.
2.
3.
4.
5.

delicts;
quasi-delicts;
solutio indebiti;
negotiorum gestio; and
all other obligations arising from law

TRUST

Trust de son tort: Constructive trust

It does not come about by agreement or intention but mainly operation of

law and construed as a trust against one who, by fraud, duress or abuse
of confidence, obtains or holds the legal right to property which he ought
not, in equity and good conscience, to hold

SALES

Damaged condo case: partition allowed

Edwin may legally sue for partition by sale of the whole condominium
project under the following conditions: (a) the damage or destruction
caused by the earthquake has rendered one-half (1/2) or more of the
units therein untenantable, and (b) that the condominium owners holding
an aggregate of more than thirty percent (30%) interests of the common
areas are opposed to the restoration of the condominium project (Sec 8
[b], Republic Act No. 472 Condominium Act).

Agent

B-2 has a better title. This is not a case of double sale. Since the first sale
was void. The law provides that when a sale of a piece of land or any
interest therein is through an agent, the authority of the latter shall be in
writing; otherwise, the sale shall be void (Art 1874, NCC). The property
was sold by Y to B1 wihtout any written authority from the owner X.
Hence, the sale to B1 was void.

Surviving partners liability

The two remaining partners, A and B, are liable. When any partner dies
and the business is continued without any settlement of accounts as
between him or his estate, the surviving partners are held liable for
continuing the business despite the death of C (Art 1841, 1785, par 2,
and Art 1833 of NCC).
Remedy of creditors: Creditors can file the appropriate actions, for
instance, an action for collection of sum of money against the partnership
at will and if there are no sufficient funds, the creditors may go after the
private properties of A and B (Art 816, NCC). Creditors may also sue the
estate of C. The estate is not excused from the liabilities of the
partnership even if C is dead already but only up to the time that he
remained a partner (Art 1829, 1835, par 2, NCC. However, individual
properties shall first be subject to payment of his separate debts.

Oral Partnership valid

An oral is a consensual of the partnership is valid even though not in
writing.

Option contract

Consideration in an option contract may be anything of value,, unlike in

sale where it must be the price certain in money or its equivalent. Here,
the case of Jack Daniels Black and the P5,000.00 pulutan money was a
consideration to seal their agreement, an agreement that Marcelo is
given until June 30, 2012 to buy the parcel of land. There is also no
showing that such consideration will be considered part of the purchase
price. Thus, Sergios unilateral withdrawal of the offer violated the Option
Contract between him and Marcelo.

Option contract need not be in writing to be enforceable. Moreover, if

contract of sale has already been partially executed which takes it outside
the ambit of the Statute of Frauds is applicable only to executory
contracts, not to contracts that are totally or partially performed

An issue: However, If it involves contribution of an immovable property or

a real right, an oral contract of partnership is void. In such a case, the
contract of partnership to be valid, must be in a public instrument ( Art.
1771 ,NCC ), and the inventory of said property signed by the parties
must be attached to said public instrument (Art. 1773, NCC)??
Guaranty vs. Suretyship
1) The obligation in guaranty is secondary; whereas, in suretyship, it
is primary.
2) In guranty, the undertaking is to pay if the principal debtor
cannot pay; whereas, in suretyship, the undertaking is to pay if
the principal debtor does not pay .
3) In guranty, the guarantor is entitled to the benefit of excussion;
whereas, in suretyship the surety is not entitled.
4) Liability in guaranty depends upon an independent agreement to
pay the obligations of the principal if he fails to do so; whereas, in
suretyship, the surety assumes liability as a regular party.
5) The Guarantor insures the solvency of the principal debtor;
whereas, the surety insures the debt.
6) In a guaranty, the guarantor is subsidiarlty liable; whereas, in a
suretyship, the surety binds himself solidarity with the principal
debtor (Art 2047, Civil Code).

 A kind of circumvention of pactum commissorium thru requiring

execution of document
The contract is valid because Rosario has to execute a document in favor
of Jennifer to transfer the ownership of the pledged ring to the latter. The
contract does not amount to pactum commissorium because it does not
provide for the automatic appropriation by the pledgee of the thing
pledged in case of default by the pledgor.

A different case: automatic authority to sell is void

While the contract of pledge is valid, the stipulation authorizing the

pledgee to immediately sell the thing pledged is void under Art 2088 of
the New Civil Code, which provides that the creditor cannot appropriate
the things given by way of pledge or mortgage, or dispose of them xxx.
Jennifer cannot immediately sell by herself the thing pledged. It must be
foreclosed by selling it at a public auction

TORTS AND DAMAGES

Him alone, not the teachers or any other person exercising special
parental authority because it was his negligence or tortious act that
served as the sole, proximate and immediate cause of the accident.

Since Rozanno was 16 years old in 1989, if the incident happened

sometime in the middle of 1994, Rozanno have been 21 years old at the
time. Hence, he was already of legal age. The law reducing the age of
majority to 18 years took effect in December 1989. Being of legal age,
articles 218, 219, and 221 of the Family Code are no longer applicable. In
such case, only Rozanno will be personally responsible for all the
consequences of his act unless his school or his parents were themselves
also negligent and such negligence contributed to the happening of the
incident.
Damages
Unlike actual damages, no proof of pecuniary loss is necessary in order
that moral, nominal, temperate liquidated or exemplary damages may be
adjudicated. The assessment is left to the discretion of the Court (Art.
2216, Civil Code). There must be proof pecuniary estimation, however.

Public officer liability if void law

The public officer is not automatically considered to have violated the
rights or liberties of a person simply because the rule the public officer
issued was declared invalid by the court. The complainant must still allege
and prove the particular injury or prejudice he has suffered from the
violation of his constitutional right by the issuance of the invalidated rule.

Liability of car owner for negligence of driver: Quasi-Delict (TORT)

Yes, Rommel may be held liable for damages if he fails to prove that he
exercised the diligence of a good father of a family (Art. 2180, par 5,
NCC) in selecting and supervising his family driver. The owner is
presumed liable unless he proves the defense of diligence. If the driver
was performing his assigned task when the accident happened, Rommel
shall be solidarily liable with the driver.

Obligation of car owner who was in the car

Rommel, who was in the car, shall be liable for damages if he could have
prevented the misfortune by the use of due diligence in supervising his
driver but failed to exercise it (Art. 2184, NCC). In such case, his liability
is solidary with his driver.

Who is responsible to damage done by minor to the other car?

What if occurrence of car accident was mid 1994?

Quasi-tort

Quasi -tort is considered as the equivalent of quasi-delict. Hence the rules

of the latter pertaining to persons who can be held liable and their
defenses would also apply.
Those liable for quasi-delict include:
(1) Those tortfeasor or the person causing damage to another through
fault or negligence ( Article 2176 NCC ); and
(2) Persons vicariously liable under Article 2180 (NCC ).

The defenses available include:

1) That the defendant was not negligent or that he exercised
due diligence ( Article 2176 NCC );
2) That although the defendant is negligent his negligence is not
the proximate cause of the injury ( Article 2179 NCC );
3) That the plaintiff's own negligence was the immediate and
proximate cause of his injury ( Article 2179 NCC );
4) That the person vicariously liable has observed all the
diligence of a good father of a family to prevent damage
( Article 2180 NCC ); and
5) That the cause of action has prescribed after the lapse s
(Article 2179 NCC ).

The fact that the plaintiff had committed contributory negligence is a

partial defense (Art 2179, NCC)