2014

CIVIL LAW I REVIEWER

SUBMITTED BY:
ALLAS, Lyra Cecille
ASSAYCO, Ivy Grail
BAGSAO, April Lily
BAY-AN, Jayran Lowen
CAYAT, Roma
DALANAO, Gretchen Joy
PATDU, Lovely Strawberry
QUARIO, Gina
SAGPAEY, Jenny
SANTIAGO, Katrina Gynne
TAWARAN, Jennifer
ZAPATA, Don Jan

SUBMITTED TO:
ATTY. MARIA LULU REYES
Professor, Civil Law Review I

SLU School of Law

November 3, 2014
 CIVIL LAW I REVIEWER

TABLE OF CONTENTS
3 PRELIMINARIES

6 HUMAN RELATIONS

9 PERSONS AND FAMILY

RELATIONS

68 PROPERTY

128 SUCCESSION

157 LAND, TITLES AND DEEDS

APPENDICES

1 RULES ON CONFLICTS OF LAW

5 PREVIOUS BAR QUESTIONS

(2010-2014)

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
PRELIMINARIES
3
LAW
It is a rule of conduct promulgated by a legitimate authority for as among members of society for the protection of private
the common good and observance of all. interest, family relations and property rights.

Classifications of Law Q: What is the Civil Code?

A: It is the collection of laws which regulates the private
Natural Law promulgated impliedly in human body and relations of civil society, determining their respective rights and
conscience obligations with reference to persons, things, and civil acts.
1. Natural Moral Law applies to our higher faculties
(do good and avoid evil). Q: What are the sources of the Civil Code of the Philippines?
2. Law of Nature applies to both our higher and lower 1. Civil Code of Spain of 1889
faculties (law of gravity). 2. Codes and laws of other countries
3. Judicial decisions of the Supreme Court of the
Positive Law promulgated expressly or impliedly Philippines and of various states
1. Divine Positive Law like The Ten Commandments. 4. Philippine laws and statutes
2. Human Positive Law like Congressional Statutes or 5. Works of jurists and commentators of various nations
Executive Orders. 6. Filipino customs and traditions
7. Code Commission itself
DERECHO LEY
general or abstract concept of specific or material concept of Q: When did the Civil Code take effect (R.A. 386)?
law which defines law as the law which defines law as a rule A: The Civil Code took effect on August 30, 1950. This date is
science of moral rules of human conduct, just, exactly one year after the Official Gazette publishing the Code
founded on rational nature of obligatory, promulgated by
was released for circulation, the said release having been made
man, demandable and legitimate authority, and of
reciprocal, and governs the common observance and on August 30, 1949. (Lara v. Del Rosario, 94 Phil 778)
free activity of man for the benefit
realization of the individual EFFECT AND APPLICATION OF LAWS
and social ends
Q: When does a law take effect?
Human Positive Law A:
A reasonable rule of action, expressly or directly promulgated by General Rule:
competent human authority for the common good, and usually, A law takes effect after fifteen (15) days following the
but not necessarily, imposing a sanction in case of completion of its publication either in the Official
disobedience. Gazette, or in a newspaper of general circulation in the
Philippines
Q: What are its essential elements? Exception:
A: When the law provides for its effectivity (Art. 2, NCC)
1. reasonable rule of action
2. due promulgation Note: Publication is indispensable for penal laws, laws of general
3. promulgation by competent authority application and of public nature. (Taada vs. Tuvera, 1986)
4. sanction imposed for disobedience
IGNORANCE OF THE LAW
Classifications of Human Positive Law Ignorance of the law excuses no one from compliance
therewith. (Art. 3, NCC)
A. According to whether a right is given or merely the
procedure for enforcement is laid down: MISTAKE OF FACT MISTAKE OF LAW
1. Substantive Law that which establishes rights and Cause
duties. When some facts which Occurs when a person having full
2. Remedial or Procedural Law that which prescribes really exist are unknown or knowledge of the facts come to
the manner of enforcing legal rights and claims. some fact is supposed to an erroneous conclusion as to its
exist which really does not legal effects
B. According to the scope or content of the law: exist.
1. Private Law that which regulates the relations of the Good faith as an excuse
members of a community with one another. (Civil and Good faith is an excuse Good faith not an excuse
Commercial Laws )
2. Public Law that which governs the relations of the RETROACTIVITY OF LAWS
individual with the State or ruler or community as a Laws shall have no retroactive effect, unless the contrary is
whole. (Political, Criminal and Remedial Laws ) provided. (Art. 4, NCC)

C. According to force and effect: Q: What are the exceptions to the non-retroactive application of
1. Mandatory or Prohibitive Laws - those which have to laws?
be complied with because they are expressive of public A:
policy. 1. Tax laws
2. Permissive or Suppletory Laws those which may be 2. Interpretative statutes
deviated from if the individual so desires. 3. Laws creating New Rights
4. Curative Statutes
Q: What is Civil Law? 5. Remedial/procedural
A: It is a mass of precepts which determines and 6. Emergency Laws
regulates the relations of assistance, authority and 7. When Expressly provided
obedience existing among members of family as well

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
As a general rule, laws shall have no retroactive effect. However, When the courts declared a law to be inconsistent with the
exceptions exist, and one such exception concerns a law that is Constitution, the former shall be void and the latter shall govern
procedural in nature. The reason is that a remedial statute or a statute Administrative or executive acts, orders and regulations shall be
4
relating to remedies or modes of procedure does not create new rights
valid only when they are not contrary to the laws or the
or take away vested rights but only operates in furtherance of the
remedy or the confirmation of already existing rights. A statute or rule Constitution. (Art. 7, NCC)
regulating the procedure of the courts will be construed as applicable to
actions pending and undetermined at the time of its passage. All EXPRESS REPEAL IMPLIED REPEAL
procedural laws are retroactive in that sense and to that extent. The the law provides takes place when the
retroactive application is not violative of any right of a person who may provisions of the subsequent
feel adversely affected, for, verily, no vested right generally attaches to law are incompatible or
or arises from procedural laws. (Sps. Dacudao vs. Secretary of DOJ, inconsistent with those of the
2013) previous law.

MANDATORY OR PROHIBITORY LAWS Q: What is the effect when a law repealing a law is itself
repealed?
Q: What is the status of acts which are contrary to law? A: The answer depends on how the first law was repealed:
A: General Rule: 1. If the first law is expressly repealed and repealing
Acts that are contrary to the provisions of mandatory law is repealed: the Old law is not revived
and proibitory law are void. (Art. 5, NCC) 2. If the old law is impliedly repealed and repealing
law is repealed: the Old law is revived.
Exceptions: Note: Unless the third law expressly provides otherwise.
1. Makes the act valid but punishes the violator
2. The law itself authorizes its validity JUDICIAL DECISIONS
3. Makes the act merely voidable
4. Declares the nullity of an act but recognizes its Judicial decisions applying or interpreting the laws or the
effects as legally existing Constitution shall form a part of the legal system of the
Philippines. (Art. 8, NCC)
WAIVER OF RIGHTS
Rights may be waived, unless the waiver is contrary to law, STARE DECISIS LAW OF THE CASE
public order, public policy, morals, or good customs, or once a case has been whatever is once
prejudicial to a third person with a right recognized by law. decided one way, then irrevocably established as
another case, involving the controlling legal rule or
(Art. 6, NCC) decision between the same
exactly the same point
at issue, should be parties in the same case
Waiver decided in the same continues to be the law
It is the relinquishment of a known right with both knowledge of manner
governing the parties so
its existence and an intention to relinquish it. long as the facts on which
such decision was
predicated continue to be
Rights the facts of the case before
The power or privilege given to one person and as a rule the court
demandable of another which may either be:
a. Real Rights (jus in rem) enforceable against the whole RATIO DECIDENDI OBITER DICTA
world. (Absolute rights) states the reason for a opinions not necessarily to
b. Personal Rights (jus in personam) enforceable against a judgment and is binding the determination of a case
particular individual. (Relative Rights) upon parties and are not binding upon
parties

Q: May rights be waived?

A:
General Rule: Yes. The elements for a valid waiver
are:
1.Waiving party must actually have the right he is renouncing
2. Full capacity to make the waiver
3. Waiver be clear and unequivocal
4. Waiver not be contrary to law public order, public policy,
morals or good customs
5. When Formalities are required, must be complied with
Exceptions:
1. If waiver is contrary to law, public order, public
policy, morals or good customs.
2. Prejudicial to a third person with a right
recognized by law.
3. If the right being waived is natural right
4. If the right being waived is inchoate
NOTE: Inherent, constitutional or fundamental rights are, as a rule, not
subject to contractual waivers. Constitutional rights to be waived must
comply with the constitutional requirements. Statutory rights are subject
to waivers.
REPEAL OF LAWS
Laws are repealed only by subsequent ones, and their violation
or non-observance shall not be excused by disuse, or custom or
practice to the contrary.
DUTY TO RENDER JUDGMENT
No judge or court shall decline to render
judgment by reason of the silence, obscurity or
insufficiency of the laws. (Art. 9, NCC)
PRESUMPTION
In case of doubt in the interpretation or application
of laws, it is presumed that the lawmaking body
intended right and justice to prevail. (Art. 10, NCC)
APPLICABILITY OF CUSTOMS
Q: What are customs?
A: These are rules of conduct, legally binding and obligatory,
formed by repetition of acts uniformly observed as a social rule.
Q: How may customs be considered as an obligatory rule?
A: There must be:
1. Repetition of acts
2. Practiced for a long period of time
3. The community accepts it as a proper way of acting,
such that it is considered Obligatory upon all
4. Practiced by the great mass of the social group

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
Q: May courts apply customs in deciding cases?
A:
1. In civil cases, customs may be applied by the courts
in cases where the applicable law is silent, obscure or
insufficient
2. In criminal cases, no. There is no crime when there
is no law punishing an act (nullum crimen nulla poena
sine lege).
COMPUTATION OF LEGAL PERIODS
1. 1 day 24 hours
2. 1 month actual number of days
3. 1 year 12 calendar months. (Art. 13, NCC as
Repealed by Administrative Code; CIR v Primetown,
2007)
Calendar month: if a month is designated by its name, it shall
be computed by the number of days which it respectively has
Week: 7 successive days regardless of which day it would start
Calendar week: Sunday to Saturday
Computation of periods: the first day shall be excluded, and
last day included, unless the latter is a Sunday or a legal
holiday, in which event, the time shall run until the end of the
next day which is neither a Sunday or a legal holiday.
Note: When the act and the period are contractual, the act must be
done on the last day, even if the latter is a Sunday or a legal holiday.
APPLICATION OF PENAL LAWS
Q: Upon whom are penal laws applicable?
A:
General Rule:
Penal laws and those of public security and safety shall
be obligatory upon all who live or sojourn in the
Philippine territory
Exceptions:
1. Treaty stipulations
2. Public International Law principles (Art. 14, NCC)
3. Laws of preferential application
CONFLICTS OF LAW
Q: What is Conflicts of Law?
A: It is that part of municipal law of a state which directs its
courts and administrative agencies, when confronted with a
legal problem involving a foreign element, whether or not they
should apply a foreign law
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
Q: What is a foreign element?
A: It is a factual situation that cut across territorial lines and 5
affected by diverse laws of two or more states
Q: What are examples of conflicts of law as used in the
Philippines?
A:
1. Lex Nacionali (Art. 15, NCC)
2. Lex Domicili (Art. 1251 (par. 3), NCC)
3. Lex Situs/ Lex Rei Sitae (Art. 16, NCC)
4. Lex Loci Contractus (Art. 17 (par. 1), NCC)
5. Lex Loci Celebrationis (Art. 71, NCC)
6. Lex Loci Celebrationis (Art. 26 (par. 1), FC)
7. Lex Loci Intentionis (Art. 1306, NCC)
STATUS LAWS
Laws relating to family rights and duties, status, condition and
legal capacity of persons are binding upon citizens of the
Philippines eventhough living abroad. (Art. 15, NCC)
Q: What are the exceptions to Article 15?
A:
1. In case of divorce obtained validly by an alien pursuant
to the rules that governs his country, the Filipino spouse
shall be considered also as divorced.
2. Domiciliary rule applies to stateless persons
PROPERTY LAWS
Q: What law governs property?
A:
General Rule: Subject to the law of the country
where situated
Exception: National law of the person whose
succession is under consideration, applies to testate or
intestate succession, specifically:
1. Order of succession
2. Amount of successional rights
3. Intrinsic validity of the testamentary provisions
(Art. 16, NCC)
EXTRINSIC VALIDITY OF CONTRACTS
Q: What law governs the solemnities of contracts, wills and
other public instruments?
A:
General Rule: Subject to the law of the country in
which they are executed
Exceptions: Philippine laws shall apply:
1. Acts are executed before the diplomatic or consular
officials of the Philippines.
2. Prohibitory laws concerning persons, their acts or
property, and those which have for their object
public order, public policy and good customs.
(Art. 17, NCC)
NOTE: See APPENDIX I for Rules on Conflicts of Law
 CIVIL LAW I REVIEWER
HUMAN RELATIONS
EXERCISE OF RIGHTS
Every person must, in the exercise of his rights and in the
performance of his duties, act with justice, give everyone his
due, and observe honesty and good faith. (Article 19, NCC)
Q: What is the principle of Abuse of Right?
A: It states that he who acts with abuse, his right ceases, and his
act becomes illicit, giving rise to liability. Its elements are:
1. there is a legal right or duty
2. the exercise of such right is in bad faith
3. there is an intent to prejudice or injure others
The Supreme Court held that UE is liable for damages. It is the
contractual obligation of the school to timely inform and furnish sufficient
notice and information to each and every student as to where he or she
had already complied with the entire requirement for the conferment of a
degree or whether they should be included among those who will
graduate. The school cannot be said to have acted in good faith. Absence
of good faith must be sufficiently established for a successful prosecution
by the aggrieved party in suit for abuse of right under Article 19 of the
Civil Code. (UE vs. Jader, 2000)
Q: What is injury?
A: It refers to the legal wrong to be redressed.
Q: What is damage?
A: It refers to the amount of money awarded by the court to
compensate for the loss or injury suffered. It is awarded to
compensate the plaintiff for the loss or damage that he suffered,
not to enrich him, or to impose a penalty on the wrongdoer.
ACTS CONTRARY TO LAW
Every person who, contrary to law, wilfully or negligently causes
damage to another, shall indemnify the latter for the same.
(Art. 20, NCC)
ACTS CONTRA BONUS MORES
Any person who wilfully causes loss or injury to another in a
manner that is contrary to morals, good customs or public policy
shall compensate the latter for the damage. (Art. 21, NCC)
Q: Is a breach of promise to marry an actionable wrong?
A:
General Rule: No.
Exceptions:
1. With sexual intercourse
a. The aggrieved party becomes pregnant and subsequently
delivers, she may ask the other to recognize the child,
should there be one, and provide support to said child.
She can also recover compensatory damages and
hospitalization expenses as well as attorneys fees.
b. Sue for moral damages if there be criminal or moral
seduction, but not if the intercourse was due to mutual
lust; if the cause be the promise to marry, and the effect
be the carnal knowledge, there is criminal or moral
seduction.
c. Sue for moral damages if the act of the defendant
constitutes a tort under Art 21.
d. Sue for actual damages, should there be any, such as
advanced money or property upon the faith of the
promise to marry or expenses for the wedding
preparations on the ground that no person can enrich
himself unjustly at the expense of another.
2. No sexual intercourse
a. Sue for moral damages in case there has been a
deliberate desire to inflict loss or injury or there has been
an evident abuse of right.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
6
b. Sue for moral damages if the act of the defendant
constitutes a tort under Art 21.
c. Sue for actual damages, should there be any, such as
advanced money or property upon the faith of the
promise to marry or expenses for the wedding
preparations on the ground that no person can enrich
himself unjustly at the expense of another
A breach of promise to marry per se is not an actionable wrong. But
where a man's promise to marry is the proximate cause of the
acceptance of his love by a woman and his representation to fulfill that
promise thereafter becomes the proximate cause of the giving of herself
unto him in a sexual congress, proof that the promise was only a
deceptive device to inveigle her to obtain her consent to the sexual act,
could justify the award of damages pursuant to Article 21 not because of
such promise to marry but because of the fraud and deceit behind it and
the willful injury to her honor and reputation which followed thereafter. It
is essential, however, that such injury should have been committed in a
manner contrary to morals, good customs or public policy. In the instant
case, Ayatollah's fraudulent and deceptive protestations of love for and
promise to marry Maria that made her surrender her virtue and
womanhood to him and to live with him on the honest and sincere belief
that he would keep said promise, In short, Maria surrendered her
virginity, the cherished possession of every single Filipina, not because of
lust but because of moral seduction. (Baksh vs. CA, 1993)
The conduct of a woman of adult age, maintaining intimate sexual
relations with appellant, with repeated acts of intercourse is incompatible
with the idea of seduction. (Tanjanco v. CA, 1966)
PRINCIPLE OF UNJUST ENRICHMENT
Every person who through an act of performance by another, or
any other means, acquires or comes into possession of
something at the expense of the latter without just or legal
ground, shall return the same to him. (Art. 22, NCC)
ACCION IN REM VERSO
Q: What is an Accion In Rem Verso?
A: It is an action for recovery of what has been paid without just
cause (Art. 22, NCC). Its requisites are:
1. One party must be enriched;
2. The other party suffered a loss;
3. There must be a causal relation between the two;
4. The enrichment must not be justifiable; otherwise,
there can be no recovery;
5. There must be no other way to recover such as those
based on contract, quasi-contract or quasi-delict; and
6. The indemnity cannot exceed the loss or enrichment,
whichever is less.
Accion in Rem Verso and SolutioIndebiti, Distinguished
ACCION REM IN VERSO SOLUTIO INDEBITI
Mistake
Not necessarily a mistake Payment should be made
in payment by mistake
Basis
Art. 22, NCC Art. 2154, NCC
LIABILITIES FOR BENEFITS RECEIVED
Even when an act or event causing damage to anothers property
was not due to the fault or negligence of the defendant, the
latter shall be liable for indemnity if through the act or event, he
was benefited. (Art. 23, NCC)
 CIVIL LAW I REVIEWER
CONTRACTUAL, PROPERTY & OTHER RELATIONS
In all contractual, property or other relations, when one of the
parties is at a disadvantage on account of his moral dependence,
ignorance, indigence, mental weakness, tender age of other
handicap, the courts must be vigilant for his protection.
(Art.24, NCC)
Q: What is Protection of the Underdog Doctrine?
A: It states that protection to the covered persons in case of
doubt as to the interpretation of law governing the conflict
between parties where one is at the disadvantage.
Q: What is the Doctrine Of Parens Patriae?
A: Or father or parent of his country, it refers to the inherent
power of the state and authority of the State to provide
protection of the person and property of a person non sui juris.
It is the sovereign power of the state in safeguarding the rights
of person under disability.
THOUGHTLESS EXTRAVAGANCE
Q: What are the requisites for liability under Art. 27?
A: 7
1. The defendant is a public official charged with the
performance of official duties.
2. The public servant or employee refuses or neglects to
perform his official duty;
3. There is no valid reason for the refusal or neglect to
perform official duty.
4. There is injury suffered by the plaintiff.
UNFAIR COMPETITION
Unfair competition in agricultural, commercial or industrial
enterprises or in labor through the use of force, intimidation,
deceit, machination or any other unjust, oppressive or high-
handed method shall give rise to a right of action by the person
who thereby suffers damages. (Art. 28, NCC)
Q: What is unfair competition?
A: It involves an injury to a competitor or trade rival, including
acts which are characterized as contrary to good conscience or
unlawful.

Thoughtless extravagance in expenses for pleasure or display
during a period of acute public want or emergency may be
stopped by order of the courts at the instance of any government
or private charitable institution.(Art. 25, NCC)
Q: What remedy can be availed of?
A: Injunction may be filed by any charitable institution, public or
private
Q: What is the Principle of Cutthroat Competition?
A: It exists when a person starts an opposing place of business,
not for the sake of profit to himself, but regardless of loss, and
for the sole purpose of driving his competitor out of business so
that later on, he can take advantage of the effects of his
malevolent purpose. It is not allowed.
INDEPENDENT CIVIL ACTIONS

ALIENATION OF AFFECTION Q: What is an independent civil action?

Every person shall respect the dignity, personality, privacy and A: It is one that is brought distinctly and separately from a
peace of mind of his neighbors and other persons. The following criminal case allowed for considerations of public policy
and similar acts, though they may not constitute a criminal regardless of the result of the criminal case.
offense, shall produce a cause of action for damages, prevention
and other relief: Independent Dependent
1. Prying into the privacy of another's residence: Delict as basis
2. Meddling with or disturbing the private life or family No Yes
relations of another; Reservation needed
3. Intriguing to cause another to be alienated from his No Yes
friends; Relation with the criminal action
4. Vexing or humiliating another on account of his religious Can proceed simultaneously and Can proceed simultaneously
separately from the criminal with the criminal action ONLY
beliefs, lowly station in life, place of birth, physical
action regardless of the when no waiver, reservation,
defect, or other personal condition. outcome of the latter. or prior filing of the civil action
is done.
Q: When is alienation of affection actionable? When filed
A: Upon the concurrence of the following requisites: It may be filed before the It may be filed prior to the
1. Wrongful conduct of the defendant institution of the criminal action institution of the criminal
2. Loss of affection or consortium and it cannot be suspended action but it will be suspended
3. Causal connection between such conduct and loss when the latter is instituted. once the criminal action is
instituted until final judgment
The sacredness of human personality is a concomitant consideration of in the criminal action has been
every plan for human amelioration. The touchstone of every system of rendered.
law, of the culture and civilization of every country, is how far it dignifies
man. If the statutes insufficiently protect a person from being unjustly Q: What are examples of independent actions?
humiliated, in short, if human personality is not exalted - then the laws A: The following are independent actions:
are indeed defective. The rights of persons are amply protected, and
damages are provided for violations of a person's dignity, personality, 1. Breach Of Constitutional Rights (Art 32, NCC)
privacy and peace of mind. (Concepcion vs. CA)
Q: Who are liable?
A: Any public officer or employee or any private individual even
NEGLECT OR REFUSAL OF A PUBLIC SERVANT
if in good faith
Any person suffering material or moral loss because a public
servant or employee refuse or neglects, without just cause, to Q: What is the limited liability of a judge under this provision?
perform his official duty may file an action for damages and
A: General Rule: The responsibility herein set forth is not
other relief against the latter, without prejudice to any demandable from a judge.
disciplinary administrative action that may be taken.(Art. 27)
Exception: Unless his act or omission constitutes a
violation of the Penal Code or other penal laws (see Art.
204 207 of the Revised Penal Code)

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
Notes: 4. Defense of Due Diligence in the Selection and
It only requires a preponderance of evidence and the aggrieved party Supervision of Employees: Only applicable in culpa
may ask for moral and exemplary damages but in the latter case, it aquiliana.
8
depends upon the discretion of the court.
5. Assumption of Risk: It will absolve the defendant
2. Civil Liability for Defamation, Fraud, Physical Injuries
from liability.
In cases of defamation, fraud, and physical injuries, a civil action
Requisites:
for damages, entirely separate and distinct from the criminal
a. there must be knowledge as to the existence of the
action, may be brought by the injured party. (Art. 33, NCC)
danger
b. there must be an understanding and appreciation
Q: What is defamation?
of the risk of such danger by the plaintiff.
A: It is an invasion of the interest in reputation and good name,
c. the plaintiff voluntarily expose himself to such
by communication to others which tend to diminish the esteem in
danger.
which the plaintiff is held, or to excite adverse feelings or opinion
6. Prescription: If the action is filed beyond four years
against him. It is any act, writing or utterance which tends to
from loss or injury.
prejudice or humiliate another. It includes libel and slander.
Q: What is Res Ipsa Loquitor?
Q: What is covered by physical injuries?
A: Or the thing speaks for itself, states that the fact of the injury
A: All kinds of physical injuries including attempted, frustrated
is prima facie evidence of negligence. Its requisites are:
or consummated homicide. If resulted because of negligence or
1. the accident is one of a kind which does not
imprudence, they are already covered by Article 2176 of the Civil
ordinarily occur unless someone is negligent
Code.
2. that the instrumentality or agency which caused the
injury was under the exclusive control of the person
Q: What is covered by fraud?
charged with negligence and
A: It is intentional deception to induce another to part with
3. that the injury suffered must not have been due to
something of value or to surrender a legal right.
any voluntary action or contribution on the part of the
person injured.
3. Civil Liability of Member of Municipal or City Police
When a member of a city or municipal police force refuses or
PREJUDICIAL QUESTION
fails to render aid or protection to any person in case of danger
to life or property, such police officer shall be primarily liable for
Q: What is a prejudicial question?
damages. (Art. 34, NCC)
A: It is one which must be decided before any criminal
prosecution may be instituted or may proceed, because a
Q: Who shall be subsidiarily liable?
decision therein is vital to the judgment in the criminal case.
A: The city or municipal government shall be subsidiary
(Art. 36, NCC) Its requisites are:
responsible in case of insolvency of said police officer.
1. the previously instituted civil action involves an issue
similar or intimately related to the issue raised in the
4. Quasi-Delict
subsequent criminal action
Whoever by act or omission causes damage to another, there
2. the resolution of such issue determines whether or
being fault or negligence, is obliged to pay for the damage done.
not the criminal action may proceed
Such fault or negligence, if there is no pre-existing contractual
3. the jurisdiction to try said question must be lodged in
relation between the parties, is called a quasi-delict and is
another tribunal
governed by the provisions of this Chapter. (Art. 2176, NCC)
The rationale behind the principle of prejudicial question is to avoid two
Q: What are available defenses? conflicting decisions. The pendency of the case for declaration of nullity
A: The following are defences available against actions based on of petitioners of marriage is not a prejudicial question to the
quasi-delict: concubinage case because the facts in the latter case are not based on
1. Doctrine of Last Clear Chance - where both parties the former for the guilt of the petitioner-accused is determined.
are negligent but the negligent of one succeeds that of (Beltran vs. People, 2000)
the other by an appreciable interval of time, the one
Since the validity of the second marriage, subject of the action for
who has the last reasonable opportunity to avoid the
bigamy, cannot be determined in the criminal case, and since prosecution
impending harm and fails to do so, is chargeable with for bigamy does not lie unless the elements of the second marriage
the consequences, without reference to the prior appear to exist, it is necessary that a decision in a civil action to the
negligence of the other. effect that the second marriage contains all the essentials of a marriage
2. Contributory Negligence - the defendant may claim must first be secured. (Diaz vs. Merced)
that plaintiffs own negligence contributed to the injury.
This defense will merely mitigate the award of The resolution of the boundary dispute between two barangays is a
damages. prejudicial question to the plebiscite for the creation of a barangay.
(City of Pasig vs. COMELEC)
3. Proximate Cause of the Loss or Injury is the
Negligence of Plaintiff.

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
PERSONS AND FAMILY RELATIONS
9
CIVIL PERSONALITY Exception: There is presumptive personality given to a
It the aptitude of being the subject, active or passive, of rights conceived child for all purposes favorable to it.
and obligations (Article 40, NCC)

JURIDICAL CAPACITY CAPACITY TO ACT Q: What is birth?

Definition A: Birth is the complete delivery of the fetus from the mothers
Fitness to be the subject Power to do acts with legal womb
of legal relations effect
Nature Q: When is a fetus considered born?
Passive Active A: A fetus with an intrauterine life of:
How Acquired 1. Less than 7 months, must survive for at least 24 hours after
Inherent fulfillment of specific legal its complete delivery from the mothers womb (Extra-ordinary
activities Birth)
How lost 2. At least 7 months If born alive, even when it subsequently
Only through death Through death and other
died (Ordinary Birth)
causes
In relation to the other
Note: Only one with juridical personality can die. Thus, the aborted
Can exist without capacity Cannot exist w/o juridical child never died because it never acquired a juridical personality. Hence,
to act capacity the action for damages under Art 2206 of NCC by the husband will not
Limitation prosper. At most, he can recover damages arising from frustration of
None Art. 38 (restriction) parental expectation. (Geluz v. CA, 1961)
Art. 39 (modification /
limitation) EXINGUISHMENT OF CIVIL PERSONALITY
Others provided by law
Civil personality is extinguished by death. The effect of death
upon the rights and obligations of the deceased is determined
by law, by contract and by will. (Art. 42 and 43, NCC)
Q: What are the restrictions on ones capacity to act?
A:
PRESUMPTIONS
1. Minority
2. Insanity
Q: What rule would apply in case there is doubt as to who died
3. Imbecility
first?
4. State of being deafmute
A: In the absence of contrary proof:
5. Prodigality
1. If successional rights of two persons called to
6. Civil Interdiction (Art. 38, NCC)
succeed each other are involved Art. 43 of the NCC
governs:
Q: What are the circumstances that modify or limit ones
It is presumed that they died at the same time and
capacity to act?
there shall be no transmission of rights from one to the
A:
other.
1. Age
2. Insanity
2. If no successional rights are involved Rule 131,
3. Imbecility
Sec. 3 (jj) of the Rules of Court applies (Presumption
4. State of being deaf-mute
of Survivorship)
5. Penalty
6. Prodigality Art. 43, NCC Rule 131, Sec. 3 (jj)
7. Family relations Only use the presumptions when there are no facts to get
8. Alienage inferences from
9. Absence Purpose
10. Insolvency Only use for succession Cannot be used for succession
11. Trusteeship purposes purposes
Death
Notes: Capacity to act is not limited on account of religious belief or In any circumstance Only during death in calamities,
political opinion. wreck, battle or conflagration
A married woman, twenty-one years of age or over, is qualified for all Rules
acts of civil life, except in cases specified by law. 1. Whoever alleges If both were under 15,the older is
the death of one prior presumed to have survived;
Q: What is a Person? to the other, shall 2. If both were above 60, the
A: A person is any being, natural or artificial, capable of prove the same younger is presumed to have
2. In the absence of survived;
possessing legal rights and obligations.
proof, they shall be 3. If one is under 15 and the other
presumed to have died above 60, the former is presumed to
Q: What are the two classes of Persons? at the same time and have survived;
A: Natural and Juridical. there is no transmission 4. If both be over 15 and under 60,
of rights from one to and the sexes be different, the male
Q: Who are Natural Persons? the other, is presumed to have survived; if the
A: Natural Persons are human beings created by God through sexes be the same, then the older;
the intervention of parents. 5. If one be under 15 or over 60,
and the other between those ages,
the latter is presumed to have
Q: When does personality begin for a Natural Person? survived.
A: General Rule: Actual personality begins at birth

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
Q: What are included in the term Juridical Persons?
A: The following are juridical persons:
1. the State and its political subdivisions
2. other corporations, institutions and entities for public
purpose
3. corporations, partnerships and associations for
private interest or purpose
4. others authorized by law
Q: What are the rights and obligations of juridical persons?
A: To:
1. acquire and possess property of all kinds
(subject to Constitutional limitations)
2. incur obligations
3. bring civil or criminal actions
DOMICILE
Notes: Only one who has the legal capacity can establish a domicile of
choice. Thus, a person suffering the penalty civil interdiction cannot
establish domicile because his act is limited. 10
A married woman does not lose her domicile to her husband.
(Romualdez-Marcos vs. Comelec, 1995)
FUNERALS
Q: Whose duty and right is it to make the funeral arrangements
of a deceased person?
A: The duty and the right to make arrangements for the funeral
of a relative shall be in accordance with the order established
for support, under article 199, FC. (Art. 305, NCC)
The following is the order of preference:
1. Spouses
2. Descendants of the nearest degree
3. Ascendants of the nearest degree
4. Brothers and sisters

DOMICILE Notes: In case of descendants of the same degree, or of brothers and

It is the place of a persons habitual residence. sisters, the oldest shall be preferred. In case of ascendants, the paternal
shall have a better right. (Art. 305, NCC)
Domicile Residence
Every funeral shall be in keeping with the social position of the
Duration deceased. (Art. 306, NCC)
more or less permanent more or less temporary
Number The funeral shall be in accordance with the expressed wishes of the
a person can have a person can have several deceased. In the absence of such expression, his religious beliefs or
generally only one places of residence affiliation shall determine the funeral rites. In case of doubt, the form of
domicile the funeral shall be decided upon by the person obliged to make
Nature arrangements for the same, after consulting the other members of the
denotes a fixed denotes a place of abode family. (Art. 307, NCC)
permanent residence to (physical relation to a
which when absent, one place) Any person who shows disrespect to the dead, or wrongfully interferes
has the intention of with a funeral shall be liable to the family of the deceased for damages,
returning (legal relation material and moral. (Art. 309, NCC)
to a place)
Relation with each other Q: Upon whom are the expenses of funeral chargeable?
domicile is residence residence is not domicile A: The same are chargeable against the property of the
coupled with the
deceased. However, such shall be chargeable to the conjugal
intention to remain for an
unlimited time partnership property, if the deceased is one of the spouses.
(Art. 310, NCC)
Q: Where is the domicile of a natural person?
A: His place of habitual residence.
USE OF SURNAMES
Q: Where is the domicile of juridical persons? Q: What is the use of a persons name?
A: It is the place fixed by the law creating or recognizing the A: It describes identity of a person to distinguish him from
juridical person. In the absence of such, the place where their others.
legal representation is established or where they exercise their
principal functions. Q: What are its characteristics?
1. Absolute (to protect a person from being confused
Q: What are the different kinds of domiciles of natural persons? with another)
A: 2. Obligatory (no person can be without a name)
1. Domicile of Origin domicile of parents of a person at 3. Beyond the commerce of man (but subject laws on
the time he was born. trademarks or service marks)
2. Domicile of Choice chosen by a person by changing 4. Imprescriptible (same name even after death)
his domicile of origin 5. Fixed - may only be changed as a result of
3. Domicile by Operation of Law one assigned by the a. legal consequences marriage, legitimation/change
law of status; or
b. by judicial decree due to the ff. grounds:
Q: What are the requisites for the acquisition of a new i. change of status of person
domicile? ii. name is ridiculous, tainted with dishonor, or
A: extremely
1. Bodily presence in a new locality difficult to pronounce or write
2. Intention to remain therein (animus manendi) iii. publicly known for a new name for a long
3. Intention to abandon the old domicile (animus non- period of time.
revertendi) iv. sincere desire to adopt Filipino name to
remove all badges of
foreign origin

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
Q: What are the parts of the name of a?
A:
1. Legitimate Child
a. Given name
b. Middle name mothers surname
c. Surname/family name fathers surname
(Arts. 364 and 369, NCC)
2. Illegitimate child who is not recognized
a. Given name
b. Surname mothers surname (Art. 368, NCC)
3. Illegitimate child who is recognized
a. Given name
b. Middle name mothers surname
c. Surname/family name fathers surname
(Art. 366, NCC)
4. Adopted child by husband and wife
a. Given name
b. Middle name wife adopters surname
c. Surname husband adopters surname
(Arts. 365 and 367, NCC)
5. Adopted by Single Person (putative father) Stephanie Case
a. Given name
b. Middle name biological mothers surname
c. Surname fathers surname
6. Adopted by a Single Person other than Stephanie Case
a. Given Name
b. Surname adopters surname
Q: What surname may be used by married women?
A: A married woman may use
1. Her maiden first name and surname and add her
husband's surname;
2. Her maiden first name and her husband's
surname;
3. Her husband's full name, but prefixing a word
indicating that she is his wife, such as "Mrs."
(Art. 370, NCC); or
4. Her maiden name alone
Q: In case of annulment of marriage, what surname shall a
woman use?
A: 1. If wife is the guilty party, she shall resume her
maiden name and surname.
2. If she is the innocent spouse, she may resume her
maiden name and surname. However, she may
choose to continue employing her former husband's
surname, UNLESS:
a. The court decrees otherwise; or
b. She or the former husband is married again
to another person. (Art.371, NCC)
Notes: When LEGAL SEPARATION has been granted, the wife shall
continue using her name and surname employed before the legal
separation. (Art. 372, NCC)
A WIDOW may use the deceased husband's surname as though he were
still living, in accordance with article 370. (Art. 373, NCC)
SIMILARITY AND IDENTITY OF NAMES
Q: What are the rules in the use of names and surnames?
A:
1. In case of identity of names and surnames, the
younger person shall be obliged to use such additional
name or surname as will avoid confusion. (Art. 374,
NCC)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
2. In case of identity of names and surnames
between ascendants and descendants, the word 11
"Junior" can be used only by a son (also to daughter,
no prohibition). Grandsons and other direct male
descendants shall either:
a. Add a middle name or the mother's surname,
or
b. Add the Roman numerals II, III, and so on.
(Art. 375, NCC)
ABSENCE
Q: What is absence?
A: It is the legal status of a person who is not in his domicile,
his whereabouts being unknown, and it is uncertain whether he
is dead or alive.
Q: What are the stages of Absence?
A: Provisional, Declared, and Definite absence.
Q: What is Provisional Absence?
A: Or Temporary, such results when a person disappears from
his domicile, his whereabouts being unknown, and without
leaving an agent to administer his property. (Art. 381, NCC)
Q: What remedy can be availed of?
A: The judge, at the instance of an interested party, a relative,
or a friend, may appoint a person to represent him in all that
may be necessary. (Art. 381, NCC)
This same rule shall be observed when under similar
circumstances the power conferred by the absentee has
expired. (Art. 381, NCC)
The appointment referred to having been made, the judge shall
take the necessary measures to safeguard the rights and
interests of the absentee and shall specify the powers,
obligations and remuneration of his representative, regulating
them, according to the circumstances, by the rules concerning
guardians. (Art. 382, NCC)
Q: Who may be appointed as a representative of the provisional
absentee?
A: The present spouse shall be preferred when there is no legal
separation. Any competent person - if the absentee left no
spouse, or if the spouse present is a minor may be appointed.
(Art. 383, NCC)
Note: No acts of dominion to be exercised but only of general power of
administration except when there is court authority.
Q: What is Declared Absence?
A: Such results when a person disappears from his domicile,
and 2 years having elapsed without any news about the
absentee or since the receipt of the last news (if no
administrator/manager is appointed), or 5 years in case the
absentee has left a person in charge of the administration of his
property. (Art. 384, NCC)
Q: Who may file for the declaration of absence of an person?
A: The following may ask for the declaration of absence:
1. The spouse present;
2. The heirs instituted in a will, who may present an
authentic copy of the same;
3. The relatives who may succeed by the law of intestacy;
4. Those who may have over the property of the
absentee some right subordinated to the condition of
his death. (Art. 385, NCC)
 CIVIL LAW I REVIEWER
Q: When will the declaration of ones absence be effective? ORDINARY ABSENCE EXTRAORDINARY/
A: The judicial declaration of absence shall not take effect until QUALIFIED ABSENCE 12
6 months after its publication in a newspaper of general a. 7 YEARS, person 4 YEARS, person is presumed
circulation. (Art. 386, NCC) presumed dead for all dead for all purposes including
purposes except for those of those of opening succession;
Q: Who may be appointed as a representative of the absentee? opening succession (2 YEARS for purposes of
b. 10 YEARS, person remarriage of the spouse
A: An administrator of the absentee's property shall be
presumed dead for purposes present)
appointed in accordance with article 383. (Art. 387, NCC) of opening succession under the following
except if he disappeared circumstances:
The wife who is appointed as an administratrix of the husband's after the age of 75, in a. Person on board a vessel
property cannot alienate or encumber the husband's property, which case, a period of 5 lost during a sea voyage or an
or that of the conjugal partnership, without judicial authority. years is sufficient. aeroplane which is missing;
(Art. 388, NCC) c. 4 YEARS, person period is counted from the loss
presumed dead for purposes of the vessel or aeroplane.
of remarriage of the spouse b. Person in the armed forces
Q: When is there termination of the powers of the administrator
present. who has taken part in war
appointed by the court? c. Person in danger of death
A: The following circumstances shall terminate the powers of under other circumstances and
the administrator: his existence has not been
1. When the absentee appears personally or by means known.
of an agent;
2. When the death of the absentee is proved and his Note: In presumptive death there is no need of judicial declaration
testate or intestate heirs appear; except for purposes of remarriage.
3. When a third person appears, showing by a proper
document that he has acquired the absentee's property Q: What are the contingent rights of an absentee?
by purchase or other title. A: The following are the contingent rights of an absentee:
a. Whoever claims a right pertaining to a person whose
Note: In these cases the administrator shall cease in the performance existence is not recognized must prove that he was living at the
of his office, and the property shall be at the disposal of those who may time his existence was necessary in order to acquire said right.
have a right thereto. (Art.389, NCC) (Art. 393)

Q: What is Definite Absence?
A: Or the case of Declaration of Presumptive Death when the
absentee is presumed dead.
Q: What is Ordinary Absence?
A: When there is no danger of death and -
1. After an absence of 7 years - presumed dead for all
purposes, EXCEPT for those of succession.
2. After an absence of 10 years - presumed dead for
the purpose of opening succession. But, if he
disappeared after the age of 75 years, an absence of 5
years shall be sufficient in order that his succession
may be opened. (Art. 390, NCC)
Q: What is Extraordinary Absence?
A: When there is danger of death and-
1. After an absence of 4 years - presumed dead for
ALL purposes, including the division of the estate
among the heirs, in the following instances:
a. A person on board a vessel lost during a sea
voyage, or an aeroplane which is missing, who has not
been heard of for four years since the loss of the
vessel or aeroplane;
b. A person in the armed forces who has taken part in
war, and has been missing for four years;
c. A person who has been in danger of death under
other circumstances and his existence has not been
known for four years. (Art. 391, NCC)
b. Without prejudice to the provision of the preceding article,
upon the opening of a succession to which an absentee is
called, his share shall accrue to his coheirs, unless he has heirs,
assigns, or a representative. They shall all, as the case may be,
make an inventory of the property. (Art. 394)
c. The provisions of the preceding article are understood to be
without prejudice to the action of petition for inheritance or
other rights which are vested in the absentee, his
representatives or successors in interest. These rights shall not
be extinguished save by lapse of time fixed for prescription. In
the record that is made in the Registry of the real estate which
accrues to the coheirs, the circumstance of its being subject to
the provisions of this article shall be stated. (Art. 395)
d. Those who may have entered upon the inheritance shall
appropriate the fruits received in good faith so long as the
absentee does not appear, or while his representatives or
successors in interest do not bring the proper actions. (Art. 396)
Q: What is the effect of reappearance of an Absentee?
A: If the absentee appears, or without appearing his existence
is proved, he shall recover his property in the condition in which
it may be found, and the price of any property that may have
been alienated or the property acquired therewith; but he
cannot claim either fruits or rents. (Art. 392, NCC)
In view of the summary nature of proceedings under Article 41
of the Family Code for the declaration of presumptive death of
ones spouse, the degree of due diligence set by the Court in
locating the whereabouts of a missing spouse must be strictly
complied with. It is the policy of the State to protect and
strengthen the family as a basic social institution. Marriage is
the foundation of the family. Since marriage is an inviolable
social institution that the 1987 Constitution seeks to protect
from dissolution at the whim of the parties. For respondents
failure to prove that he had a well-founded belief that his wife is
already dead and that he exerted the required amount of
diligence in searching for his missing wife, the petition for

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
declaration of presumptive death should have been denied by
the trial court and the Honorable Court of Appeals.
(Republic vs. CA, 2005)
CIVIL REGISTER
Q: What is the Civil Register?
A: It is the record of acts, events and judicial decrees
concerning the civil status of persons. (Art. 407, NCC)
Q: What must be registered?
a. Births
b. Marriages
c. Deaths
d. legal separations
e. annulments of marriage
f. judgments declaring marriages void from the beginning
g. legitimations
h. adoptions
i. acknowledgments of natural children
j. naturalization
k. loss or recovery of citizenship
l. civil interdiction
m. judicial determination of filiation
n. voluntary emancipation of a minor (no longer
applicable)
o. changes of name (Art. 408, NCC)
Q: What are the duties of the clerk of court?
A: In cases of legal separation, adoption, naturalization and
other judicial orders mentioned in the preceding article, the
clerk of the court which issued the decree has the duty:
a. to ascertain whether the same has been registered, and,
b. if this has not been done, to send a copy of said decree to
the civil registry of the city or municipality where the court is
functioning. (Art. 409, NCC). In cases of legal separation,
adoption, naturalization and other judicial orders mentioned in
the preceding article, it shall be the duty of the clerk of the
court which issued the decree to ascertain whether the same
has been registered, and if this has not been done, to send a
copy of said decree to the civil registry of the city or
municipality where the court is functioning.
Q: What is the probative value of the civil register?
A: The books making up the civil register and all documents
relating thereto shall be considered public documents and shall
be prima facie evidence of the facts therein contained.
(Art. 410, NCC)
Q: What is the liability of the civil registrar?
A: Every civil registrar shall be civilly responsible for any
unauthorized alteration made in any civil register, to any person
suffering damage thereby. However, the civil registrar may
exempt himself from such liability if he proves that he has taken
every reasonable precaution to prevent the unlawful alteration.
(Art. 411, NCC)
Q: How may amendments be made in the entries in the civil
register?
A: Amendments may be made judicially or administratively
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
JUDICIAL PROCEEDINGS (RULE 108, Rules of Court)
13
a. Summary reception of evidence may be done
ex-parte as in correction of clerical/typographical errors
(errors which are obvious to common sense)
b. Adversarial there is full blown trial if status of
petitioner is directly affected. Also when there is
change of name if ground is publicly known by such
name.
e.g. change of sex from male to female; petition to delete the
date of marriage in birth certificate of child; petition to insert
date of marriage (contracted after recording of birth of child)
Note: A person of alien parents cannot file a petition for change of his
former citizenship to Filipino. He must file first for naturalization. If of
Filipino mothers and born before the 1973 Constitution, the child shall
elect Philippine citizenship.
ADMINISTRATIVE PROCEEDINGS (RA 9048)
a. By way of petition to be filed with the Local Civil
Registrar. Copy furnished the Local Registrar
General (NSO Administrator)
b. Grounds
i. Clerical errors
ii. Name or nickname is ridiculous, tainted with
dishonor or extremely difficult to write or
pronounce
iii. New first name or nickname has been
habitually and continuously used by the petitioner
and he has been publicly known by the first name
or nickname in the community
iv. Change will avoid confusion.
Note: Change of name can only be made once because it is a mere
privilege. Middle names serve to identify the maternal lineage or filiation
of a person as well as further distinguish him from others who may
have the same given name and surname as he has. The only reason for
the dropping his middle name is convenience. How such change of
name would make his integration into Singaporean society easier and
convenient is not clearly established.
(In Re: Julian Lin Wang)
RULE 108, RULES OF COURT
CANCELLATION OR CORRECTION OF ENTRIES IN THE
CIVIL REGISTRY
WHO MAY FILE (Sec. 1)
Any person interested in any act, event, order or decree
concerning the civil status of persons which has been recorded
in the civil register, may file a verified petition for the
cancellation or correction of any entry relating thereto, with the
Court of First Instance of the province where the corresponding
civil registry is located.
WHAT MAY BE CORRECTED (Sec. 2)
Upon good and valid grounds, the following entries in the civil
register may be cancelled or corrected:
1. births
2. marriages
3. deaths
4. legal separations
5. judgments of annulments of marriage
6. judgments declaring marriages void from the beginning
7. legitimations
8. adoptions
9. acknowledgments of natural children
10. naturalization
11. election, loss or recovery of citizenship
12. civil interdiction
 CIVIL LAW I REVIEWER
13. judicial determination of filiation
14. voluntary emancipation of a minor
15. changes of name
PARTIES (Sec. 3)
When cancellation or correction of an entry in the civil register
is sought, the civil registrar and all persons who have or claim
any interest which would be affected thereby shall be made
parties to the proceeding.
NOTICE AND PUBLICATION (Sec. 4)
Upon the filing of the petition, the court shall, by an order, fix
the time and place for the hearing of the same, and cause
reasonable notice thereof to be given to the persons named in
the petition. The court shall also cause the order to be
published once a week for three (3) consecutive weeks in a
newspaper of general circulation in the province.
OPPOSITION (Sec. 5)
The civil registrar and any person having or claiming any
interest under the entry whose cancellation or correction is
sought may, within fifteen (15) days from notice of the petition,
or from the last date of publication of such notice, file his
opposition thereto.
ORDER OF THE COURT (Sec. 7)
After hearing, the court may either dismiss the petition or issue
an order granting the cancellation or correction prayed for. In
either case, a certified copy of the judgment shall be served
upon the civil registrar concerned who shall annotate the same
in his record.
RA 9048 AS AMENDED BY RA 10172
Before the amendment by RA 10172, no correction must involve
the change of sex, nationality, age or status of the petitioner.
After the amendment, change of sex can now be subjected to
correction without judicial order under the rules of this Act.
WHO MAY FILE (Sec. 3)
Any person having direct personal interest in the correction of a
clerical or typographical error in an entry and/or change of first
name or nickname in the civil register
WHERE FILED (Sec. 3)
a. Citizens of the Philippines who are presently residing or
domiciled in foreign countries may file their petition, in
person, with the nearest Philippine Consulates.
b. The petitions filed with the city or municipal civil registrar
or the consul general shall be processed in accordance with
this Act and its implementing rules and regulations.
Petitioners basis in praying for the change of his first name was his sex
reassignment. He intended to make his first name compatible with the
sex he thought he transformed himself into through surgery. However,
a change of name does not alter ones legal capacity or civil status. RA
9048 does not sanction a change of first name on the ground of sex
reassignment. Rather than avoiding confusion, changing petitioners first
name for his declared purpose may only create grave complications in
the civil registry and the public interest.
(Silverio vs. Republic)
The Supreme Court made use of the available evidence presented in
court including the fact that private respondent thinks of himself as a
male and as to the statement made by the doctor that Cagandahan's
body produces high levels of male hormones (androgen), which is
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
preponderant biological support for considering him as being male. It
further held that it gives respect to (1) the diversity of nature; and (2)
how an individual deals with what nature has handed out. That is, the 14
Supreme Court respects the respondents congenital condition and his
mature decision to be a male. (Republic vs. Cagandahan)
GROUNDS (Sec. 4)
1. The petitioner finds the first name or nickname to be
ridiculous, tainted with dishonor or extremely difficult to write or
pronounce.
2. The new first name or nickname has been habitually and
continuously used by the petitioner and he has been publicly
known, or
3. The change will avoid confusion.
FORM AND CONTENTS (Sec. 5)
The petition for correction of a clerical or typographical error, or
for change of first name or nickname, as the case may be, shall
be in the form of an affidavit, subscribed and sworn to before
any person authorized by the law to administer oaths. The
affidavit shall set forth:
1. facts necessary to establish the merits of the petition
2. show affirmatively that the petitioner is competent to testify
to the matters stated
3. the particular erroneous entry or entries, which are sought to
be corrected and/or the change sought to be made.
The petition shall be supported with the following documents:
1. A certified true machine copy of the certificate or of the page
of the registry book containing the entry or entries sought to be
corrected or changed.
2. At least two (2) public or private documents showing the
correct entry or entries upon which the correction or change
shall be based; and
3. Other documents which the petitioner or the city or municipal
civil registrar or the consul general may consider relevant and
necessary for the approval of the petition.
Note: No petition for correction of erroneous entry concerning
the date of birth or the sex of a person shall be entertained
except :
1. Birth, if the petition is accompanied by earliest school
record or earliest school documents such as, but not limited
to, medical records, baptismal certificate and other
documents issued by religious authorities;
2. Sex, if the petition is accompanied by a certification
issued by an accredited government physician attesting to
the fact that the petitioner has not undergone sex change
or sex transplant.
PUBLICATION (Sec. 5)
The petition for change of first name or nickname, or for
correction of erroneous entry concerning the day and month in
the date of birth or the sex of a person, as the case may be,
shall be published at least once a week for two (2) consecutive
weeks in a newspaper of general circulation.
Furthermore, the petitioner shall submit a certification from the
appropriate law enforcement agencies that he has no pending
case or no criminal record.
The petition and its supporting papers shall be filed in three (3)
copies to be distributed as follows: first copy to the concerned
city or municipal civil registrar, or the consul general; second
copy to the Office of the Civil Registrar General; and third copy
to the petitioner.
 CIVIL LAW I REVIEWER
MARRIAGE
Q: What is marriage?
A:Marriage is a special contract of permanent union
between a man and a woman entered into in accordance
with law for the establishment of conjugal
and family life. It is the foundation of the family and an
inviolable social institution whose nature, consequences,
and incidents are governed by law and not subject to
stipulation, except that marriage settlements may fix
the property relations during the marriage within the limits
provided by the Family Code. (Art. 1, FC)
Our Family Law is based on the policy that marriage is not a mere
contract, but a social institution in which the State is vitally interested.
(Tuazon vs CA, 256 SCRA 158)
It is the union (and inviolable social institution) of one man with one
woman for the reciprocal blessings of a domestic home life, and for the
birth, rearing, and education of children. In one case, the Supreme
Court ruled that marriage is also a new relation in the maintenance of
which the general public is interested. (Perido vs Perido, 63 SCRA 97)
The offer of the accused to marry the victim establishes his guilt. As a
rule in rape cases, an offer of marriage is an admission of guilt.
(People v. Casao, 220 SCRA 362)
Persons living together in apparent matrimony are presumed, in the
absence of any counter-presumption or evidence special to the case, to
be in fact married. The reason is that such is the common order of
society, and if the parties were not what they thus hold themselves out
as being, they would be living in the constant violation of decency and
of law. (People vs. Borromeo,133 SCRA 106, 109 1984)
Appellants own admission that she was married to the victim was a
confirmation of the semper praesumitur matrimonio and the
presumption that a man and a woman so deporting themselves as
husband and wife had verily acted into a lawful contract of
marriage.(People v. Ignacio, 81 SCAD 138 1997)
NATURE OF MARRIAGE
Q: What is meant by the law when it declares marriage as an
inviolable social institution?
A: Marriage is an institution in which the community is deeply
interested. The State has surrounded it with safeguards to
maintain its purity, continuity and permanence. The security
and stability of the State are largely dependent on it. It is in the
interest and duty of each member of the community to prevent
the bringing about of a condition that would shake its
foundation and lead to its destruction. The incidents of the
status are governed by law, not by will of the parties.(Beso v.
Daguman, A.M. No.MTJ991211, January 28, 2000 [citing
Jimenez v. Republic G.R. No. L12790, August 31,1960])
15
some instances, by
themselves.
Gender requirement
Contracting parties must only Contracting persons may be
be two persons of opposite two or more persons
sexes regardless of sex
Dissolution by agreement
Dissolution only by death or Can be dissolved by mutual
annulment, never by mutual agreements among others.
agreement.
PROOF OF MARRIAGE
The best documentary evidence of a marriage is the marriage contract.
A marriage contract renders unnecessary the presumption that a man
and a woman deporting themselves as husband and wife have entered
into a lawful contract of marriage. (Villanueva vs. CA, 198 SCRA 472
1991)
Although a marriage contract is considered primary evidence of
marriage, the failure to present it is not, however, proof that no
marriage took place, as other evidence may be presented to prove
marriage. (Balogbog vs. CA, 269 SCRA 259, 266 1997)
The mere fact that no record of the marriage exists in the registry of
marriage does not invalidate said marriage, as long as in the celebration
thereof, all requisites for its validity are present. The forwarding of a
copy of the marriage certificate to the registry is not one of said
requisites. (People vs. Borromeo, 133 SCRA 106, 110 1984)
The defendants questioned the marriage of plaintiff by presenting the
records of the municipality of Rosario, Cavite to show that there is no
record of the alleged marriage. The court admitted evidence consisting
of the testimonies of witnesses. (Pugeda vs. Trias, 4 SCRA 849, 855
1962)
The Supreme Court held that the following may be presented as proof of
marriage: (a)testimony of a witness to the matrimony; (b) the couples
public and open cohabitation as husband and wife after the alleged
wedlock; (c) the birth and baptismal certificate of children born during
such union; and (d) the mention of such nuptial in subsequent
documents. (Trinidad vs. Court of Appeals, et. al., 289 SCRA 188
1998)
The law favors the validity of marriage because the State is interested in
the preservation of the family and sanctity of the family is a matter of
constitutional concern. The burden of proof to show the nullity of the
marriage rests upon the party seeking its nullity.(Hernandez vs. CA, 320
SCRA 76.)
The birth certificate of Sylvia was presented to prove the marriage
between Isabel and John despite the absence of the marriage
certificate. The court held that the birth certificate may serve as
evidence to prove the marriage between Isabel and John , as it contains
the following notable entries: (a) that Isabel and John Desantis were
"married" and (b) that Sylvia is their "legitimate" child. (Aonuevo
v.Estate of Jalandoni G.R. NO. 178221, Dec. 1, 2010 636 SCRA 420)

MARRIAGE v. ORDINARY CONTRACT A lawyer was married three times, while the first marriage was still
subsisting, his marriage contracts as certified by the NSO was presented
MARRIAGE ORDINARY CONTRACT in the disbarment proceeding to prove his subsequent marriages. For
purposes of disbarment proceeding, these marriage contracts bearing
Ascontract
the name of respondent are competent and convincing evidence proving
Special Contract
Merely a contract that he committed bigamy.(Villatuya v. Tabalingcos, A.C. NO. 6622 676
Social Institution
SCRA 37)
Applicable Law
Governed by the law on Governed by the law on Compare the case of Aonuevo v. Estate of Jalandoni and
marriage contracts Villatuya v. Tabalingcos A.C. NO. 6622 676 SCRA 37:
Right to stipulate Whether or not the certification by the registrar of the non-existence of
GR: Not subject to stipulation marriage license is enough to prove non-issuance thereof. The records
Generally subject to stipulation reveal that the marriage contract of petitioner and the deceased bears
XPN: Property relations in no marriage license number and, as certified by the Local Civil Registrar
marriage settlement of San Juan, Metro Manila, their office has no record of such marriage
Capacity to contract license. (Cario v. Cario, G.R. NO. 132529 , Feb. 02, 2001 351 SCRA
Legal Capacity required Minors may contract thru their 127)
parents or guardians, or in

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
REQUISITES OF MARRIAGE Q: Is marriage by proxy allowed?
A: It depends.
16
Q: What are the essential requisites of marriage? 1. If performed in the Philippines No, it is not allowed, hence
A: the marriage isvoid.
1. Legal capacity of the contracting parties who must be
a male and a female Note: Philippine laws prohibit marriages by proxy. Since the marriage is
2. Consent freely given in the presence of the solemnizing performed in the Philippines, Philippine laws shall apply following the
officer. principle of lex loci celebrationis.

Q:Whatconstitutelegalcapacityoftheparties to marry? 2. If performed abroad Whether it is allowed or not depends

A: upon the law of the place where the marriage was celebrated
1. Age at least 18yrs (lex loci celebrationis).
2. Sex between male and female
3. Lack of legal impediment to marry Note: As to marriages between Filipinos all marriages solemnized
outside the Philippines, in accordance with the laws enforced in said
country where they are solemnized, and valid there as such, shall also
Q:Arethereotherrequirements,takinginto considerationtheageoft
be valid here in the country, except those prohibited under
hepartiestothe marriage, for the validity of such marriage? Art. 35 (1), (2), (4),(5), (6), 36, 37 and 38.(Art. 26, FC)
A: Yes, depending upon the age of the contracting party.
Marriage Ceremony
1. Additional Requirement
AGE ADDITIONAL Petitioner and Lucia Barrette merely signed the marriage contract on
REQUIREMENTS their own. The mere act of signing a marriage contract by the
18-21 years old Parental consent and contracting parties without the presence of the solemnizing officer will
marriage counselling not result to marriage. (Morigo vs People, 422 SCRA 376 (2004)
22-25 years old Parental advice and
marriage counselling The failure of the solemnizing officer to ask the parties whether they
take each other as husband and wife cannot be regarded as a fatal
Note: Absence of the additional requirement of parental consent does omission if the parties nonetheless signed the marriage contract in the
not make the marriage void but onlyvoidable. presence of the solemnizing officer. A declaration of word of mouth of
what the parties and already stated in writing would be a mere
repetition, so that its omission should not be regarded as fatal. (Infante
Q:What are the formal requisites of marriage?
vs Arenas, June 29, 1951)
A:
1. Marriage Ceremony If a man and a woman deport themselves as if they were husband and
2. Authority of the solemnizing officer wife, they are presumed to be validly and legally married to each other
3. Valid marriage License and this presumption is not rebutted by a mere denial by the man (or
woman) of the fact of marriage. (People v. Opea, L-34954, Feb. 20,
EFFECT OF ABSENCE OF REQUISITES 1981)

Q: What is the status of marriage in case of: SOLEMNIZING AUTHORITY

1. Absence of any of the essential requisites?
A: Void ab initio
2. Absence of any of the formal requisites?
A:
GENERAL RULE:
Void ab initio.
EXCEPTIONS:
Valid even in the absence of formal requisite:
1. Marriages exempt from license requirement.
2. Either or both parties believed in good faith that the
solemnizing officer had the proper authority.
Q: Who are authorized to solemnize marriage?
A:It depends.
1. Under ordinary circumstances:
a. Incumbent judiciary member- provided, within the
courts (his) jurisdiction.
b. Priest, rabbi, imam or minister of any church/religious
sect duly authorized provided at least one of the parties
belongs to such church or religious sect.

3. Defect in essential requisites? c. Consul general, consul or vice consul- provided both
A: Voidable parties are Filipinos and marriage takes place abroad.
4. Irregularity in formal requisites?
A: Valid, but the party responsible for such irregularity shall be d. Mayors (Arts 444 and 445 of LGC)
civilly, criminally or administratively liable.
Note: Includes Acting Mayor
MARRIAGE CEREMONY
2. Marriages in Articulo Mortis:
Q: What constitutes a valid marriage ceremony?
A: That which takes place with the: a. Ship Captain or Airplane chief- provided the marriage is
1. appearance of the contracting parties before the performed
solemnizing officer and i. during voyage even during stopovers
2. their personal declaration that they shall take each ii. Between passenger or crew members
other as husband and wife b. Military commander of a unit who is commissioned
3. in the presence of not less than 2 officer provided the marriage is performed:
witnesses of legal age. i. in the absence of chaplain
ii. within zone of military operation
Note: No particular form of ceremony or religious rite is required by iii. Between the members of the armed forces or
law. civilians

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
Q: What must the solemnizing officer in a marriage in articulo
mortis do after solemnizing such marriage?
A: He shall state in an affidavit executed before the local civil
register Or any other person legally authorized to administer
oaths, that the marriage was performed in articulo mortis and
that he took the necessary steps to ascertain the ages and
relationship of the contracting parties and the absence of a legal
impediment to the marriage. (Art. 29, FC)
Q: will the solemnizing officers failure to execute an affidavit
that he solemnized the marriage in articulo mortis affect the
validity of marriage?
A: no. it will not. The marriage will be still valid. The law
permits marriages in articulo mortis without marriage license
but it requires the solemnizing officer to make an affidavit and
file it.
However, such affidavit is not an essential or formal requisite of
marriage, the same with a Marriage Contract. The signing of the
marriage contract and the affidavit is only required for the purpose of
evidencing the act, not a requisite of marriage. It does not affect the
validity of marriage. ( De Loria v. Felix, G.R No. L-9005, June 20, 1958).
Q: What are the authorized venues of marriage?
A:
GENERAL RULE:
Must be solemnized publicly within the jurisdiction of
the authority of the solemnizing officer:
1. chambers of the judge or in open court
2. Church, chapel or temple
3. Marriages at a house or place designated by the
parties with the written request to the solemnizing
officer to that effect.
EXEPTIONS:
1. Marriages at the point of death
2. Marriage in remote places
3. Marriage at a house or place designated by the
parties with the written request to the solemnizing
officer to that effect.
Note: This provision is only directory, not mandatory. The requirement
that the marriage be solemnized in a particular venue or a public place
is not an essential requisite for the validity of the marriage.
Q: What is the exception to the rule requiring authority of the
solemnizing officer?
A: Marriages contracted with either or both parties believing in
good faith that the solemnizing officer had the authority to do
so.
Persons who may solemnize Marriages (CASES)
The respondent Judge solemnized marriage without the requisite
marriage license. Where a judge solemnizes a marriage outside his
courts jurisdiction, there is a resultant irregularity in the formal requisite
laid down in article 3, which while it may not affect the validity of
marriage, may subject the officiating official to administrative liability.
(Araes v. Occiano, A.M. 02-1390 , April 11, 2002 380 SCRA 402)
The court does not accept the arguments of the respondent judges that
the ascertainment of the validity of the marriage license is beyond the
scope of the duty of a solemnizing officer especially when there are
glaring pieces of evidence that point to the contrary. As correctly
observed by the OCA, the presumption of regularity accorded to a
marriage license disappears the moment the marriage documents do
not appear regular on its face. (OCA vs. J. Necessario et al, A.M. NO.
07-1691,April 2, 2013 695 SCRA)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
Whether or not, a Filipino spouse of an alien, who is a Filipino at the
time of marriage, remarry after the latter acquires a foreign divorce that
17
allows her to remarry. The reckoning point is not the citizenship of the
parties at the time of the celebration of the marriage, but their
citizenship at the time a valid divorce is obtained abroad by the alien
spouse capacitating the latter to remarry. (Rep. v. Orbecido, G.R. NO.
154380, Oct. 05, 2005 472 SCRA 114)
A judgment of divorce is a judicial decree, although a foreign one,
affecting a persons legal capacity and status that must be recorded. But
while the law requires the entry of the divorce decree in the civil
registry, the law and the submission of the decree by themselves do not
ipso facto authorize the decrees registration. (Corpuz v. Sto.Tomas,
G.R. NO. 186571, Aug. 11, 2010 628 SCRA 266)
MARRIAGE LICENSE
Q: What is the period of the validity of a marriage licence?
A: A marriage license is valid in any part of the Philippines only
for 120 days from the date of its issuance and shall be deemed
automatically cancelled at the expiration of said period.
Note: if the parties contracted marriage after 120 days lapsed from the
issuance of the marriage license, such marriage shall be considered void
for the lack of marriage license.
Q: what is the effect of issuance of a marriage license if a party
who is required by law to obtain parental advice or undergo
marriage counselling failed to do so?
A:Theofmarriagelicenseissuspended for3monthsfromthecompleti
onofpublication of the application.
Note: The marriage is valid in this case.
Q: What is the status of the marriage if the parties get married
within said 3month period?
A: It depends.
1. If the parties did not obtain a marriage license- the marriage
shall be void for lack of marriage license.
2. If the parties were able to obtain a marriage license- the
marriage shall be valid without prejudice to the actions that may
be taken against the guilty party.
Q: Who issues the marriage license?
A: The local civil registrar of the city or municipality where
either contracting party habitually resides.
Note: Obtaining a marriage license in a place other than where either
party habitually resides is a mere irregularity.
Whether or not, a marriage license issued by a municipality or city to a
non-resident invalidates the license. Issuance of a marriage license in a
city or municipality, not the residence of either of the contracting
parties, and issuance of a marriage license despite the absence of
publication or prior to the completion of the 10-day period for
publication are considered mere irregularities that do not affect the
validity of the marriage. (Alcantara v. Alcantara, G.R. NO. 167746 , Aug.
28,2007 531 SCRA 446)
The Municipal Civil Registrar of Carmona, Cavite, where the marriage
license of Gloria and Syed was allegedly issued, issued a certification to
the effect that no such marriage license for Gloria and Syed was issued,
and that the serial number of the marriage license pertained to another
couple, Arlindo Getalado and Myra Mabilangan. The fact that the names
in said license do not correspond to those of Gloria and Syed does not
overturn the presumption that the registrar conducted a diligent search
of the records of her office. (Abbas v. Abbas, G.R. NO. 183896 , Jan.
30, 2013 689 SCRA 636)
 CIVIL LAW I REVIEWER
Compare the case of Abbas v. Abbas and Alcantara v. Alcantara 3. Marriages in remote places.

In this case the marriage license was issued on September 17,1974,
almost one year after the ceremony took place on November 15, 1973.
The ineluctable conclusion is that the marriage was indeed contracted
without a marriage license. (Sy v. CA, G.R. NO. 127263 , Apr. 12, 2000
330 SCRA 550)
Marriages Exempted from the License Requirement Art. 27 34
FC
In a marriage in articulo mortis, while it is advisable that a witness to
the marriage should sign the dying partys signature if the latter be
physically unable to do so, still if upon order of the solemnizing official,
another person should so sign, the marriage is still valid. The law as
much as possible intends to give legal effect to a marriage. As a matter
of fact, no particular form for a marriage celebration is prescribed. (Cruz
v. Catandes, C.A., 39 O.G. NO. 18, p. 324)
The affidavit is for the purpose of proving the basis for exemption from
the marriage license. Even if there is failure on the part of the
solemnizing officer to execute the necessary affidavit, such irregularity
will not invalidate the marriage for the affidavit is not being required of
the parties. (Soriano v. Felix, L-9005, June 20, 1958)
No judicial notice can be taken of Mohammedan rites and customs for
marriage. They must be alleged and proved in court. (People v. Dumpo,
62 Phil. 246)
The solemnizing officer must execute a sworn statement that he had
ascertained the qualifications of the parties and that he had found no
legal impediment to their marriage. (Borja-Manzano vs. Sanchez, 354
SCRA 1, 5 2001)
In this case, at the time of Pepito and respondents marriage, it cannot
be said that they have lived with each other as husband and wife for at
least five years prior to their wedding day because their cohabitation is
not exclusive. The Court ruled that the cohabitation contemplated under
said provisions must be in the nature of a perfect union that is valid
under the law but rendered imperfect only by the absence of the
marriage contract and characterized by exclusivity meaning no third
party was involved at anytime within the 5 years and continuity that is
unbroken. (Nial vs. Bayadog 328 SCRA 122, March 14, 2000)
FOREIGN NATIONAL
Q:What is required from the contracting parties before a
marriage license can be obtained?
A: Each of the contracting parties shall file a separate or
individual sworn application with the proper local civil registrar.
Note: Foreigners are further required to submit a Certificate of Legal
Capacity issued by their respective diplomatic or consular officials before
they can obtain a marriage license.
For stateless persons or refugees, in lieu of a certificate of legal
capacity, an affidavit stating the circumstances showing such capacity to
contract marriage must be submitted.
Q: What is the status of a marriage celebrated on the basis of a
license issued without the required Certificate of Legal
Capacity?
A:The marriage is valid as this is merely an irregularity in
complying with a formal requirement of the law in procuring a
marriage license, which will not affect the validity of the
marriage.(Garciav.Recio,G.R.138322, October 2, 2001)
NOTE: Remote Place- no means of transportation to enable the party
18
to personally appear before the solemnizing local civil registrar.
4. Marriage between parties Cohabiting for at least 5 years.
5. Marriages solemnized outside the Philippines where no
marriage license is required by the country where it was
solemnized.
6. Marriages in articulo mortis Solemnized by a ship captain
or airplane pilot.
7. Marriages within Zones of military operation.
Q: What are the requisites for the 5year cohabitation exception
to the marriage license requirement?
A: The requisites are:
1. Living together as husband and wife at least 5 years
before the marriage.
The 5 year period must be characterized by:
a. Exclusivity- the partners must live together exclusively,
with no other partners, during the whole 5year period.
b. Continuity- such cohabitation was unbroken.
Note: The period is counted from the date of celebration of marriage. it
should be the years immediately before the day of the marriage.
2. No legal impediment to marry each other during the
period of cohabitation.
Note: The fiveyear period of cohabitation must have been a period of
legal union had it not been for the absence of marriage.
3. Fact of absence of legal impediment must be Present at
the time of the marriage.
4. Parties must execute an Affidavit that they are living
together as husband and wife for 5 years and that they do
not have any impediment to marry.
5. Solemnizing officer must execute a sworn statement
that he had ascertained the qualifications of the parties
and found no legal impediment to their marriage
(Manzano v. Sanches, Mar. 1, 2001)
MARRIAGE CERTIFICATE
MARRIAGE LICENSE v. MARRIAGE CERTIFICATE
MARRIAGE LICENSE MARRIAGE CERTIFICATE
Authorization by the Best Not an essential or
evidence of the state to Formal requisite of marriage.
celebrate existence of the
marriage.
Formal requisite of marriage. Not an essential requisite of
marriage.
Note: Although a marriage contract is considered a primary evidence of
marriage, its absence is not always proof that no marriage took place.
(Delgado Vda. De la Rosa, et al. v. Heirs ofMarciana Rustia Vda. De
Damian, et al., G.R. No. 103028,Oct. 10, 1997)

Q: What are the marriages exempt from the license

requirement?
1. Marriages among Muslims or members of ethnic cultural
communities
2. Marriages in Articulo mortis
NOTE: Articulo Mortis means at the point of death, not merely in
danger of dying.

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
EFFECT OF MARRIAGE CELEBRATED ABROAD
AND FOREIGN DIVORCE 2. It depends. What is material in this case is the citizenship of 19
the spouse who obtained a divorce decree abroad at the time
Q: What rules govern the validity of marriage? the decree was obtained and not their citizenship at the time
A: It depends: the marriage was celebrated.

1. As to its extrinsic validity- Lex loci celebrationis.
Note: Locus regit actum the act is governed by the law of the place
where it is done is adhered to here in the Philippines as regards the
extrinsic validity of marriage.
2. As to its intrinsic validity- Personal law
Note: Personal law may either be the national law or the law of the
place where the person is domiciled. If the person involved is a stateless
person, domiciliary rule applies, otherwise, lex nationalii applies.
Q: What is the status of marriages between Filipinos
solemnizedabroad in accordance with the law in force in said
country?
A:
General Rule:
Marriages between Filipinos solemnized outside the Philippines
in accordance with the law of the foreign country where it is
celebrated, if valid there, shall be valid here as such.
Exception:
It shall be void, even if it is valid in the foreign country where
the marriage was celebrated, if any of the following
circumstances are present:
1. Lack of legal capacity even with parental consent (e.g. party
is below 18);
2. Incestuous;
3. Contracted through Mistake of one party as tothe identity of
the other;
4. Contracted following the annulment or declaration of nullity
of a previous marriage but before partition, etc.;
5. Bigamous or polygamous except as provided inArt. 41 FC on
terminable bigamous marriages;
6. Void due to Psychological incapacity;
7. Void for reasons of Public policy
If the Filipino spouse was naturalized as a citizen of a foreign
country before he/she obtains a divorce decree and was
thereafter capacitated to remarry, the Filipino spouse will be
capacitated to remarry.
Note: Although said provision only provides for divorce obtained abroad
by the foreign spouse in a valid mixed marriage, the legislative intent
would be rendered nugatory if this provision would not be applied to a
situation where there is a valid marriage between two Filipino citizens,
one of whom thereafter is naturalized as a foreign citizen and obtains a
valid divorce decree capacitating him or her to remarry, as in this case.
To rule otherwise would be to sanction absurdity andinjustice. (Republic
v. Orbecido III, GR. No. 154380, Oct. 5, 2005).
The naturalization of one of the parties, as well as the divorce decree
obtained by him or her, must be proven as a fact under our rules on
evidence. The foreign law under which the divorce was obtained must
likewise be proven as our courts cannot take judicial notice of foreign
laws.
However, if the Filipino spouse remained to be a citizen of the
Philippines when he/she obtained a divorce decree abroad, such decree
will not be recognized in the Philippines even if that spouse is
subsequently naturalized as a citizen of a foreign country. This is so
because at the time the spouse obtained the divorce decree, he/she
was still a citizen of the Philippines and being naturalized afterwards
does not cure this defect. (See: Republic v. Iyoy, G.R. No. 152577,
September 21, 2005.)
Note: Burden of Proof- lies with "the party who alleges the existence of
a fact or thing necessary in the prosecution or defense of an action."
Since the divorce was a defense raised by respondent, the burden of
proving the pertinent foreign law validating it falls squarely upon him.
Courts cannot take judicial notice of foreign laws. The power of judicial
notice must be exercised with caution, and every reasonable doubt
upon the subject should be resolved in the negative. (Garcia v. Recio,
G.R. No. 138322, Oct. 2, 2001)

Q: Suppose in a valid mixed marriage (marriage between a

citizen of a foreign country and a citizen of the Philippines,) the
foreign spouse obtained a divorce decree abroad and was
capacitated to remarry

1. May the Filipino spouse remarry despite the fact that divorce
is not valid in the Philippines?
2. Will your answer be the same if it was a valid marriage
between Filipinos?
A.
1. Yes, the Filipino spouse is capacitated to remarry just as the
alien spouse is capacitated. Divorce validly obtained abroad by
the alien spouse capacitating him/her to remarry will likewise
allow the Filipino spous to remarry. This is the rule laid down in
Article 26 (2) of the Family Code.

It should be noted however that the foreign spouse must be

capacitated to remarry before the Filipino spouse may also be
capacitated to remarry.

Note: It is true that owing to the nationality principle embodied in Art.

16 of the NCC, only Philippine nationals are covered by the policy
against absolute divorces the same being considered contrary to our
concept of public policy and morality. However, aliens may obtain
divorces abroad, which may be recognized in the Philippines, provided
they are valid according to their national law. The marriage tie, when
thus severed as to one party, ceases to bind either. A husband without
a wife, or a wife without a husband, is unknown to the law. (Van Dorn
v. Romillo, Jr., GR No.L68470, Oct. 8, 1985)

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
marriages unless such marriages were contracted with either or
VOID AND VOIDABLE MARRIAGES both parties believing in good faith that the solemnizing officer
had the legal authority to do so:
20
Q: What may be the status of marriages? 5. Contracted through mistake of one of the contracting
A: party as to the identity of the other;
1. Valid 6. Bigamous or polygamous marriages;
2. Void 7. Subsequent marriages that are void under Art. 53 FC;
3. Voidable 8. Marriages contracted by any party, who at the time of the
celebration of the marriage, was Psychologically incapacitated;
VOID MARRIAGES v. VOIDABLE MARRIAGES 9. Incestuous Marriages (Art. 37, FC)
Void Marriages Voidable Marriages 10. Marriages declared void because they are contrary to Public
Status of marriage policy (Art. 38, FC).
Void ab initio Voidable: Valid until annulled
Petition filed
1. ABSENCE OF REQUISITES
Declaration of Nullity of Marriage Annulment of Marriage
Who may file
GR: Solely by the husband or GR: Offended Spouse A. GENDER REQUIREMENT
wife.
XPN: Any real party in interest, EXC: Q: What is the status of a marriage between Filipinos if the
only in the following cases: 1. Parents or guardians before parties thereto are of the same sex?
the party reaches 21 years old on A: Void. For a marriage to be valid, it must be between persons
1. Nullity of marriage cases the ground of Lack of Parental of opposite sexes.
commenced before the Authority.
effectivfity of A.M. No. 02-11-10-
Q: In case of a change in sex, can the person who has
March 15, 2013.
undergone said change be allowed to marry another of the
2. Marriages celebrated during same sex as he/she originally had?
the effectivity of the Civil Code. A: It depends upon the cause for the change in sex.
(De Dios Carlos v. Sandoval, G.R. 1. If the change is artificial- No, he/she cannot.
No. 179922, December 16,
2008.) Note: The sex or gender at the time of birth shall be taken into
Prescriptive Period account. He is still, in the eyes of the law, a man although because of
No prescriptive Period GR: Within 5 years from the artificial intervention, he now has the physiological characteristics of
discovery of the ground. a woman (Silverio v. Republic, G.R. No. 174689, Oct.22, 2007)

XPN: 2. If the change is natural- He/she can.

1. Lifetime of spouse in cases of
insanity
Note: When one suffers from Congenital Adrenal Hyperplasia, a
disorder that changes the physiological characteristic of a person, the
2. Before the party reaches 21 in
court may grant the change of gender. In this case, the person must
cases where parents or guardians
not take unnatural steps to interfere what he/she is born with. Nature
may file annulment
has taken its due course in revealing more fully the male/female
Children characteristics (Republic v. Cagandahan, G.R. No. 166676, Sept.12,
GR: Illegitimate; Legitimate 2008).
XPN: Those conceived or born of
marriages declared void under:
Where the person is biologically or naturally inter sex the
1. Art. 36 (Psychological determining factor in his gender classification would be what
incapacity), or the individual, having reached the age of majority, with good
2. Art. 52 in relation to Art. 53 reason thinks of his/her sex. Jennifer here thinks of himself as a
Judicial Declaration male and considering that his body produces high levels of
GR: Not necessary that there is Necessary androgen, there is preponderant biological support for
judicial declaration. considering him as being male. Sexual development in cases of
intersex persons makes the gender classification at birth
XPN: in cases of remarriage
inconclusive. It is at maturity that the gender of such persons is
fixed.
The fundamental distinction between void and voidable marriages is
that a void marriage is deemed never to have taken place at all and
Jennifer has simply let nature take its course and has not taken
cannot be the source of rights. On the other hand, a voidable marriage, unnatural steps to arrest or interfere with what he was born
is considered valid and produces all its civil effects, until it is set aside with. And accordingly, he has already ordered his life to that of
by final judgment of a competent court in an action for annulment. a male. He could have undergone treatment and taken steps,
(Suntay vs. Conjuangco-Suntay, 300 SCRA 760, 770 1998) like taking lifelong medication, to force his body into the
categorical mold of a female but he did not. He chose not to do
VOID MARRIAGE so. Nature has instead taken its due course in his development
to reveal more fully his male characteristics.
Q: What are the marriages that are void ab initio?
A: To him belongs the primordial choice of what courses of action
to take along the path of his sexual development
1. Absence of any of the essential or formal requisites of and maturation. In the absence of evidence that he is an
marriage; incompetent and in the absence of evidence to show that
2. Contracted by any party below 18 years of age even with classifying him as a male will harm other members of
the consent of parents or guardians; societywho are equally entitled to protection under the law, the
3. Solemnized without License, except those marriages that are court affirms as valid and justified his position and his personal
exempt from the license requirement; judgment of being a male. (Republic v. Jennifer Cagandahan,
4. Solemnized by any person not authorized to perform G.R. No. 166676, Sep. 12, 2008)

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
Q: What is the effect of lack of free and voluntary consent?
A: When consent is obtained through mistake, fraud, force,
intimidation or undue influence, or when either of the
contracting party is of unsound mind at the time of the
celebration of the marriage, the marriage is annullable. (Art.
45, FC)
Q: What is the status of marriages where one or both of the
parties are below 18 years of age?
A: It is void for lack of legal capacity.
Q: Would your answer be the same if their parents consented
to the marriage?
A: Yes. Parental consent does not have the effect of curing this
defect.
Q: What if the marriage was a mixed marriage where the
Filipino is 18 years old but the foreigner is below 17 years of
age. What is the status of the marriage?
A: It depends. If the national law of the foreigner recognizes 17
year old persons to be capacitated to marry, then their marriage
is valid, otherwise it is void.
Note: Lex nationalii applies
LACK OF AUTHORITY OF SOLEMNIZING OFFICER
Q: What is the effect of lack of authority of solemnizing officer?
A:
General Rule:
The marriage is void ab initio.
Exception:
1. Express If either or both parties believed in good
faith that the solemnizer had the legal authority to do
so. (Art. 35, FC)
2. Implied Article 10 in relation to Article 26 of the
Family Code. If the marriage between a foreigner and
a Filipino citizen abroad solemnized by a Philippine
consul assigned in that country is recognized as valid
in the host country, such marriage shall be considered
as valid in the Philippines. ( Sta. Maria Jr., Persons and
Family Relations Law)
4. SOLEMNIZED WITHOUT LICENSE
Q: Judge Palaypayon solemnized marriages even without the
requisite marriage license. Thus, some couples were able to get
married by the simple expedient of paying the marriage fees as
a consequence, their marriage contracts did not reflect any
marriage license number. In addition, the judge did not sign
their marriage contracts and did not indicate the date of the
solemnization, the reason being that he allegedly had to wait for
the marriage license to be submitted by the parties. Such
marriage contracts were not filed with the Local Civil Registry.
Are such marriages valid?
A: No. The Family Code pertinently provides that the formal
requisites of marriage are, inter alia, a valid marriage license,
except in the cases provided for therein. Complementarily, it
declares that the absence of any of the essential or formal
requisites shall generally render the marriage void ab initio and
that, while an irregularity in the formal requisites shall not affect
the validity of the marriage, the party or parties responsible for
the irregularity shall be civilly, criminally and administratively
liable. (Cosca v. Palaypayon A.M. No. MTJ92-721, Sept. 30,
1994)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
5. CONTRACTED THROUGH MISTAKE
21
Q: For the marriage to be void, on what circumstance must the
mistake refer to?
A: For marriage to be rendered void, the mistake in identity
must be with reference to the actual physical identity of other
party, not merely a mistake in the name, personal
qualifications, character, social standing, etc. (Rabuya, p. 213)
Judicial Declaration of nullity of marriages
Other than for purposes of remarriage, no judicial action is necessary to
declare a marriage an absolute nullity. For other purposes, such as but
not limited to determination of heirship, legitimacy or illegitimacy of a
child, settlement of estate, dissolution of property regime, or a criminal
case for that matter, the court may pass upon the validity of marriage
even in a suit not directly instituted to question the same so long as it is
essential to the determination of the case. (Ablaza v. Republic, G.R. NO.
158298 , Aug. 11, 2010 628 SCRA 27)
Article 40 is applicable to remarriages entered into after the effectivity
of the Family Code on August 3, 1988 regardless of the date of the first
marriage. (Atienza vs. Brillantes, Jr., 243 SCRA 32,35 1995)
A judicial declaration of nullity of a previous marriage is necessary
before a subsequent one can be legally contracted and that one who
enters into a subsequent marriage without first obtaining such judicial
declaration is guilty of bigamy. (Mercado vs. Tan, 337 SCRA 122 2000)
The existence and the validity of the first marriage being an essential
element of the crime of bigamy, it is but logical that a conviction for
said offense cannot be sustained where there is no first marriage to
speak of. (Morigo v.People, G.R. NO. 145226, Feb. 06, 2004 422 SCRA
376
Whether or not the declaration of the first marriage as void ab initio on
the ground of psychological incapacity is a defense for the crime of
bigamy. In this case, even if petitioner eventually obtained a declaration
that his first marriage was void ab initio, the point is, both the first and
the second marriage were subsisting before the first marriage was
annulled. (Jarillo v.People, G.R. NO.164435 , Sept. 29, 2009 601 SCRA
236)
Whether or not, the nullity of the second marriage on the G.R.ound of
PI is a valid defense for the crime of bigamy. The declaration of the
nullity of the second marriage on the ground of psychological incapacity
is not an indicator that petitioners marriage to Ancajas lacks the
essential requisites for validity. (Tenebro v. CA, G.R. NO. 150758 , Feb.
18, 2004 423 SCRA 272)
To conclude, the issue on the declaration of nullity of the marriage
between petitioner and respondent only after the latter contracted the
subsequent marriage is, therefore, immaterial for the purpose of
establishing that the facts alleged in the information for Bigamy does
not constitute an offense. Following the same rationale, neither may
such defense be interposed by the respondent in his motion to quash by
way of exception to the established rule that facts contrary to the
allegations in the information are matters of defense which may be
raised only during the presentation of evidence. (Antone v. Beronilla,
G.R. NO.183824, Dec. 08, 2010 637 SCRA 615)
 CIVIL LAW I REVIEWER
The crime of bigamy was committed by petitioner on 10 December 2001
when he contracted a second marriage with Edita. The finality on 27
June 2006 of the judicial declaration of the nullity of his previous
marriage to Thelma cannot be made to retroact to the date of the
bigamous marriage. (Teves v.People, G.R. NO.188775 , Aug 24, 2011
656 SCRA 307)
Indeed, Article 13(2) of the Code of Muslim Personal Laws states that in
case of a marriage between a Muslim and a non-Muslim, solemnized not
in accordance with Muslim law or this Code, the [Family Code of the
Philippines, or Executive Order NO. 209, in lieu of the Civil Code of the
Philippines] shall apply." Thus, regardless of his professed religion,
Nollora cannot claim exemption from liability for the crime of bigamy.
(Nollora v. People, G.R. NO.191425 , Sept. 7, 2011 657 SCRA 330)
Respondent exhibited a deplorable lack of that deG.R.ee of morality
required of him as a member of the bar. He made a mockery of
marriage, a sacred institution demanding respect and dignity. (Villatuya
v. Tabalingcos, A.C. NO. 6622 , July 10, 2012 676 SCRA 37)
6. BIGAMOUS MARRIAGES
Q: If a person contracts a subsequent marriage during the
subsistence of a prior marriage, what is the status of the
subsequent marriage?
A:
General Rule:
Void for being bigamous or polygamous.
Exception:
Valid if it is a terminable bigamous marriage.
Q: When is a marriage considered bigamous?
A: It is when a person contracts a second or subsequent
marriage before the former marriage has been legally dissolved,
or before the absent spouse has been declared presumptively
dead by means of judgment rendered in the proper
proceedings. (Art. 349, RPC)
Note: The same applies to polygamy.
Q: May a person contract a valid subsequent marriage before a
first marriage is declared void ab initio by a competent court?
A: No. The Supreme Court has consistently held that a judicial
declaration of nullity is required before a valid subsequent
marriage can be contracted; or else, what transpired is a
bigamous marriage, reprehensible and immoral. Article 40 of
the Family Code expressly requires a judicial declaration of
nullity of marriage. (In re: Salvador v. Serafico, A.M.
200820SC, Mar 15, 2010)
Note: Under Art. 40 of the FC, before one can contract a second
marriage on the ground of nullity of the first marriage, there must first
be a final judgment declaring the first marriage void. If a party fails to
secure a judicial declaration of nullity of the first marriage, he or she
runs the risk of being charged with bigamy as the marital bond or
vinculum in the first nuptial subsists (Mercado v. Tan GR: 137110,
Aug.,2000; Te v. CA GR No:126746,Nov. 29,2009 ).
Q: What are the special cases when subsequent marriage is
allowed?
A:
1. Marriage between a Filipino and a foreigner
and procurement by the alien spouse of a valid divorce
decree abroad, capacitating him/her to remarry.
2. Terminable bigamous marriages (Art. 41)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
7. PSYCHOLOGICAL INCAPACITY
Q: What is psychological incapacity?
22
A:There is no exact definition for psychological incapacity, but it
was defined by the Supreme Court as no less than mental (not
physical) incapacity that causes a party to be truly incognitive of
the basic marital covenants that concomitantly must be
assumed and discharged by the parties to the marriage.
The intendment of the law has been to confine the meaning of
"psychological incapacity" to the most serious cases of
personality disorders clearly demonstrative of an utter
insensitivity or inability to give meaning and significance to the
marriage. (Santos v. CA, G.R. No. 112019, Jan. 4, 1995)
Q: What are the requisites of psychological incapacity?
A:
1. Juridical antecedence- must be rooted in the history of
the party antedating the marriage, although overt
manifestations may arise only after such marriage.
2. Gravity- grave enough to bring about the disability of
the party to assume the essential marital obligations.
3. Permanence or incurability- must be incurable. If
curable, the cure should be beyond the means of the
parties involved.
Q: What are some instances where allegations of psychological
incapacity were not sustained?
A.
1. Mere showing of irreconcilable differences and
conflicting personalities. (CaratingSiayngco v. Siayngco,
2004)
2. Mere sexual infidelity or perversion, do not by
themselves constitute psychological incapacity, as well as
immaturity and irresponsibility.
Note:It must be shown that these acts are manifestations of a
disordered personality which would make respondent completely unable
to discharge the essential obligations of a marital state, not merely
youth, immaturity or sexual promiscuity. (Dedel vs. CA, G.R. no.
151867, Jan.29, 2004)
3. Disagreements regarding money matters. (Tongol v.
Tongol, G.R. No 157610, Oct. 19, 2007)
4. Mere abandonment
Note: There must be proof of natal or supervening disabling element in
the personality factor that effectively incapacitates a person from
accepting and complying with the Essential Marital obligations of
Marriage. (Republic v. QuinteroHamano, G.R. No. 149498,
May 20, 2004)
5. Sexual infidelity (Republic v. Dagdag, GR No. 109975,
February 9, 2001).
Q: Would the state of being of unsound mind or the
concealment of drug addiction, habitual alcoholism,
homosexuality or lesbianism be considered indicia of
psychological incapacity, if existing at the inception of marriage?
Explain.
A:In the case of Santos v. CA (240 SCRA 20, 1995), the
Supreme Court held that being of unsound mind, drug
addiction, habitual alcoholism, lesbianism or homosexuality may
be indicia of psychological incapacity, depending on the degree
of severity of the disorder. However, the concealment of drug
addiction, habitual alcoholism, lesbianism or homosexuality is a
ground of annulment of marriage. (2002 Bar Question)
 CIVIL LAW I REVIEWER
Psychological Incapacity Definition
The Committee did not give any examples of psychological incapacity
for fear that the giving of examples would limit the applicability of the
provision under the principle of ejusdem generis. Rather, the Committee
would like the judge to interpret the provision on a case-to-case basis,
guided by experience, the findings of experts and researchers in
psychological disciplines, and by decisions of church tribunals which,
although not binding on the civil courts, may be given persuasive effect
since the provision was taken from Canon Law. (Salita vs Hon. Magtolis
,June 13, 1994)
Characteristics of Psychological Incapacity
The Supreme Court enumerated the three basic requirements of
psychological incapacity as a ground for declaration of nullity of the
marriage: (a) gravity; (b) juridical antecedence; and (c) incurability.
(Santos v. Court of Appeals, 240 SCRA 20 1995)
Guidelines in the interpretation and application of
Article 36; AM 02-11-10 SC
The burden of proof to show the nullity of the marriage belongs to the
plaintiff. Any doubt should be resolved in favor of the existence and
continuation of the marriage and against its dissolution and nullity.
(Republic of the Philippines vs. Court of Appeals and Molina, 268 SCRA
198, 212 1997)
According to the appellate court, the requirements in Molina and Santos
do not apply here because the present case involves a mixed marriage,
the husband being a Japanese national. The court held that in proving
psychological incapacity, we find no distinction between an alien spouse
and a Filipino spouse. (Republic vs. Quintero-Hamano, 428 SCRA 735
2004).
Failure to comply with the Essential Marital Obligations
In this case, there was no sexual contact between the parties since their
marriage on May 22, 1988 up to Mar. 15, 1989 or for almost a year. The
senseless and protracted refusal of one of the parties of sexual
cooperation for the procreation of children is equivalent to psychological
incapacity. (Chi Ming Tsoi vs CA, 266 SCRA 324 1997)
The appellate court correctly ruled that the report of Dr. Tayag failed to
explain the root cause of petitioners alleged psychological incapacity.
The evaluation of Dr. Tayag merely made a general conclusion that
petitioner is suffering from an Anti-social Personality Disorder but there
was no factual basis stated for the finding that petitioner is a socially
deviant person, rebellious, impulsive, self-centered and deceitful.
(Marable v. Marable G.R. NO. 178741, Jan. 17, 2011 639 SCRA 557)
In this case the court proved that respondent was the sex partner of
many military officials. In view of the foregoing, the badges of Bonas
alleged psychological incapacity, i.e., her sexual infidelity and
abandonment, can only be convincingly traced to the period of time
after her marriage to Jose and not to the inception of the said marriage.
(Ochosa v. Alano, G.R. NO. 167459 , Jan. 26, 2011 640 SCRA 517)
Article 36 contemplates incapacity or inability to take cognizance of and
to assume basic marital obligations and not merely difficulty, refusal, or
neglect in the performance of marital obligations or ill will. (Yambao v.
REP., G.R. NO. 184063 , Jan. 24, 2011 640 SCRA 355)
In like manner, Juvys acts of falsifying the respondents signature to
encash a check, of stealing the respondents ATM, and of squandering a
huge portion of the P15,000.00 that the respondent entrusted to her,
while no doubt reprehensible, cannot automatically be equated with a
psychological disorder, especially when the evidence shows that these
were mere isolated incidents and not recurring acts. (Rep. v. Galang
G.R. NO. 168335 , Jun. 6, 2011 650 SCRA 524)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
Whether or not a petition for nullity of marriage on the ground of
psychological incapacity may be dismiss for failure to comply with the
guidelines set forth in the Molina Ruling. Let it be remembered that
23
each case involving the application of Article 36 must be treated
distinctly and judged not on the basis of a priori assumptions,
predilections or generalizations but according to its own attendant facts.
(Aurelio v. Aurelio, G.R. NO. 175367 , Jun. 6, 2011 650 SCRA 561)
He presented the testimonies of two supposed expert witnesses who
concluded that respondent is psychologically incapacitated, but the
conclusions of these witnesses were premised on the alleged acts or
behavior of respondent which had not been sufficiently proven. Sexual
infidelity per se is a G.R.ound for legal separation, but it does not
necessarily constitute psychological incapacity. (Kalaw v. Fernandez,
G.R. NO. 166357 , Sept 19, 2011 657 SCRA 822)
We are in no way convinced that a mere narration of the statements of
Ricardo and Richardson, coupled with the results of the psychological
tests administered only on Ricardo, without more, already constitutes
sufficient basis for the conclusion that Teresita suffered from Narcissistic
Personality Disorder. This Court has long been negatively critical in
considering psychological evaluations, presented in evidence, derived
solely from one-sided sources, particularly from the spouse seeking the
nullity of the marriage. (Toring v. Toring, G.R. NO. 165321 , Aug. 03,
2010 626 SCRA 389)
In this case, the totality of evidence presented by Noel was not
sufficient to sustain a finding that Maribel was psychologically
incapacitated. Noels evidence merely established that Maribel refused
to have sexual intercourse with him after their marriage, and that she
left him after their quarrel when he confronted her about her alleged
miscarriage. (Baccay v. Baccay, G.R. No 173138 , Dec, 1, 2010 636
SCRA 350)
In the present case, the petitioners testimony failed to establish that
the respondents condition is a manifestation of a disordered personality
rooted on some incapacitating or debilitating psychological condition
that makes her completely unable to discharge the essential marital
obligations. If at all, the petitioner merely showed that the respondent
had some personality defects that showed their manifestation during
the marriage; his testimony sorely lacked details necessary to establish
that the respondents defects existed at the inception of the marriage.
(Agraviador v. Agraviador G.R.NO.170729 , Dec. 08, 2010 637 SCRA
519)
Here, the experts testimony on Dominics psychological profile did not
identify, much less prove, the root cause of his psychological incapacity
because said expert did not examine Dominic in person before
completing her report but simply relied on other peoples recollection
and opinion for that purpose. Expert evidence submitted here did not
establish the precise cause of the supposed psychological incapacity of
Dominic, much less show that the psychological incapacity existed at
the inception of the marriage. (Mendoza v. Republic, G.R. NO.
157649,Nov 12, 2012 685 SCRA 16)
In any event, sexual infidelity and abandonment of the conjugal
dwelling, even if true, do not necessarily constitute psychological
incapacity; these are simply grounds for legal separation. To constitute
psychological incapacity, it must be shown that the unfaithfulness and
abandonment are manifestations of a disordered personality that
completely prevented the erring spouse from discharging the essential
marital obligations. (Republic v. Encelan, G.R. NO. 170022 , Jan. 9,
2013 688 SCRA 215)
 CIVIL LAW I REVIEWER
Evidentiary requirement
If the totality of evidence presented is enough to sustain a finding of
psychological incapacity, then actual medical examination of the person
concerned need not be resorted to. (Marcos vs Marcos, 343 SCRA 755
2000)
Award of Moral Damages
By declaring the petitioner as psychologically incapacitated, the
possibility of awarding moral damages on the same set of facts was
negated.
The award of moral damages should be predicated, not on the mere act
of entering into the marriage, but on specific evidence that it was done
deliberately and with malice by a party who had knowledge of his or her
disability and yet wilfully concealed the same. (Buenaventura vs CA, 454
SCRA 261 2005)
8. INCESTUOUS MARRIAGES
Q:What marriages are considered incestuous?
A: Those marriages:
1. Between ascendants and descendants of any degree;
2. Between brothers and sisters whether of the
full or half blood.
Note: Regardless of whether the relationship between the parties is legi
timate or illegitimate.
9. VOID BY REASON OF PUBLIC POLICY
Q: What are the marriages that are void by reason of public
policy?
A:
1. Collateral blood relatives (legitimate or the
Illegitimate) up to the 4 civil degree;
2. Stepparents & stepchildren;
3. Parentsinlaw & childreninlaw; requirement provided for in Art. 52, viz:
4. Adopting parent & the adopted child;
5. Surviving spouse of the adopting parent
& the adopted child;
6. Surviving spouse of the adopted child & the adopter;
7. Adopted child & legitimate child of the adopter;
8. Adopted children of the same adopter;
9. Parties where one, with the intention to marry the
other, kills the latters spouse, or his/her spouse.
Note: List is exclusive. If not falling within this enumeration, the
marriage shall be valid. Such as marriages between:
1. Adopted and Illegitimate child of the adopter
2. Step brother and step sister
3. Brotherinlaw and sisterinlaw the declaration of absolute nullity of marriage?
4. Parties who have been guilty of adultery or concubinage
10. SUBSEQUENT MARRIAGE
Q: In what cases may a person enter into a valid subsequent
marriage during the subsistence of a prior marriage?
A: In case of terminable bigamous marriages. If before the
celebration of the subsequent marriage:
1. The absent spouse had been absent for 4 consecutive
years (ordinary absence) of 2 consecutive years
(extraordinary absence);
2. The present spouse has a well-founded belief that the
absent spouse is already dead;
3. There is judicial declaration of presumptive death in a
summary proceeding.
Note: If both spouses of subsequent marriage acted in bad faith, such
marriage is void ab initio.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
A petition to declare an absent spouse presumptively dead may not be
granted in the absence of any allegation that the spouse present will
remarry. Also, there is no showing that Gregorio conducted a search for 24
his missing wife w/ such diligence as to give rise to a "well founded
belief" that she is dead. The four requisites not having concurred, his
action for the declaration of presumptive death of his wife should be
denied. (Republic v. Nolasco, G.R. No. 94053, Mar. 17, 1993)
Q: What is the effect if the parties to the subsequent marriage
obtains knowledge that the spouse absent has reappeared?
A: None. If the absentee reappears, but no step is taken to
terminate the subsequent marriage, either by affidavit or by
court action, such absentee's mere reappearance, even if made
known to the spouses in the subsequent marriage, will not
terminate such marriage. (SSS v. Jarque Vda. De Bailon, G.R.
No. 165545, Mar. 24, 2006)
Q: May a marriage be terminated extra judicially?
A: Yes. The recording of the affidavit of reappearance of the
absent spouse in the civil registry of the residence of the parties
to the subsequent marriage shall automatically terminate the
terminable bigamous marriage unless there is a
judgment annulling the previous marriage or declaring it void ab
initio. (Art. 42)
In Art 42, FC, no judicial proceeding to annul a subsequent
marriage contracted under Art. 41 is necessary. Also, the
termination of the subsequent marriage by affidavit provided for
in Art. 42 does not preclude the filing of an action in court to
prove the reappearance of the absentee and obtain a
declaration of dissolution or termination of the subsequent
marriage. (SSS v. Jarque Vda. De Bailon, G.R. No. 165545, Mar.
24, 2006)
Q: When are nonbigamous subsequent marriages void?
A: The subsequent marriage of a person whose prior marriage
has been annulled but contracted said subsequent marriage
without compliance with Art. 52, FC, shall be void. Before he
contracts a subsequent marriage, he must first comply with the
The recording in the civil registries and registries of properties
of the following:
1. Judgment of annulment;
2. Partition;
3. Distribution of properties, and
4. Delivery of presumptive legitimes
PRESCRIPTION
Q: What is the prescriptive period of the action or defense for
A: None. The time for filing an action or defense for the
declaration of absolute nullity of marriage, whether in a direct
or collateral manner, does not prescribe, even though such
party is the wrong doer.
Note: Any of the parties in a void marriage can file an action for the
declaration of nullity of marriage even though such party is the
wrongdoer.
The action or defense for nullity is imprescriptible, unlike voidable
marriages where the action prescribes. Only the parties to a voidable
marriage can assail it but any proper interested party may attack a void
marriage. (Nial v. Bayadog G.R. NO. 133778=, Mar. 14, 2000 328
SCRA 122)
 CIVIL LAW I REVIEWER
Q: What is the effect of death of a party in a petition for
declaration of nullity of marriages?
A:
1. Before the entry of judgment- The court shall
order the case closed and terminated without prejudice
to the settlement of estate in proper proceedings.
2. After the entry of judgment- The decision shall be
binding upon the parties and their
successorsininterest in the settlement of the estate.
Q: May the heirs of a deceased person file a petition for the
declaration of nullity of his marriage after his death?
A: No. The advent of the Rule on Declaration of Absolute Nullity
of Void Marriages marks the beginning of the end of the right of
the heirs of the deceased spouse to bring a nullity of marriage
case against the surviving spouse. While A.M. No.
021110SC declares that a petition for declaration of absolute
nullity of marriage may be filed solely by the husband or the
wife, it does not mean that the compulsory or intestate heirs
are without any recourse under the law. They can still protect
their successional right, for, compulsory or intestate heirs can
still question the validity of the marriage of the spouses, not in
a proceeding for declaration of nullity but upon the death of a
spouse in a proceeding for the settlement of the estate of the
deceased spouse filed in the regular courts.
However, with respect to nullity of marriage cases commenced
before the effectivity of A.M. No. 0211-10 and marriages
celebrated during the effectivity of the Civil Code, the doctrine
laid down in the Nial v. Bayadog case still applies; that the
children have the personality to file the petition to declare the
nullity of marriage of their deceased father to their stepmother
as it affects their successional rights. (De Dios Carlos v.
Sandoval, G.R. No. 179922, December 16, 2008).
Q: If the court denies a petition for declaration of nullity of
marriage based on psychological incapacity, may a party to the
said case file another petition for declaration of its nullity based
on the absence of marriage license?
A: A petition to declare the marriage void due to absence of
marriage license, filed after the court denied a petition to
declare the marriage void due to psychological incapacity, is
barred by res judicata. There is only one cause of action which
is the nullity of the marriage. Hence, when the second case was
filed based on another ground, there was a splitting of a cause
of action which is prohibited. The petitioner is estopped from
asserting that the first marriage had no marriage license
because in the first case, he impliedly admitted the same when
he did not question the absence of a marriage license. Litigants
are provided with the options on the course of action
to take in order to obtain judicial relief. Once an option has
been taken and a case is filed in court, the parties must
ventilate all matters and relevant issues therein. The losing
party who files another action regarding the same controversy
will be needlessly squandering time, effort and financial
resources because he is barred by law from litigating the same
controversy all over again. (Mallion v. Alcantara, G.R. No.
141528, Oct. 31, 2006)
Q: Is the declaration of nullity of marriage applied
prospectively?
A: No, it retroacts to the date of the celebration of the
marriage. However, although the judicial declaration of nullity of
a marriage on the ground of psychological incapacity retroacts
to the date of the celebration of the marriage insofar as the
vinculum between the parties is concerned, it must be noted
that the marriage is not without legal consequences or effects.
One such consequence or effect is the incurring of criminal
liability for bigamy. To hold otherwise would be to render
nugatory the State's penal laws on bigamy as it would allow
individuals to deliberately ensure that each marital contract be
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
flawed in some manner, and to thus escape the consequences
of contracting multiple marriages. (Tenebro v. CA, G.R 25
.No. 150758, Feb. 18, 2004)
Q: Is the judicial declaration of absolute nullity of a void
marriage necessary?
A:
1. For purposes of remarriage- judicial declaration of
absolute nullity is necessary.
Note: In the instance where a party who has previously contracted a
marriage which is legally unassailable, he is required by law to prove
that the previous one was an absolute nullity. But this he may do on the
basis solely of a final judgment declaring such previous marriage void.
2. For purposes other than remarriage- no judicial action is
necessary.
Note: Here, evidence may be adduced, testimonial or documentary, to
prove the existence of the grounds rendering such a previous marriage
an absolute nullity. But these need not be limited solely to an earlier
final judgment of a court declaring suchmarriage void. (Rabuya, Civil
Law Reviewer, 2009 ed)
Indeed, a brother like the petitioner, albeit not a compulsory heir under
the laws of succession, has the right to succeed to the estate of a
deceased brother under the conditions stated in Article 1001 and Article
1003 of the Civil Code Necessarily, therefore, the right of the petitioner
to bring the action hinges upon a prior determination of whether
Cresenciano had any descendants, ascendants, or children (legitimate or
illegitimate), and of whether the petitioner was the late Cresencianos
surviving heir. Such prior determination must be made by the trial court,
for the inquiry thereon involves questions of fact. (Ablaza v. Republic,
G.R. NO. 158298 , Aug. 11, 2010 628 SCRA 27)
The marriage between the late Sen. Tamano and Zorayda was
celebrated in 1958, solemnized under civil and Muslim rites. The only
law in force governing marriage relationships between Muslims and
non-Muslims alike was the Civil Code of 1950, under the provisions of
which only one marriage can exist at any given time. (Juliano-Llave v.
Republic, G.R. NO. 169766 , Mar. 30, 2011 646 SCRA 637)
Whether a marriage may be declared void ab initio through a judgment
on the pleadings or a summary judgment and without the benefit of a
trial. The grounds for declaration of absolute nullity of marriage must be
proved. Neither judgment on the pleadings nor summary judgment is
allowed. So is confession of judgment disallowed. (Carlos v. Sandoval
G.R. NO. 179922 , Dec. 16, 2008 574 SCRA 116)
Whether or not A.M. NO. 02-11-10-SC RULE ON DECLARATION OF
ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF
VOIDABLE MARRIAGES is applicable to marriages solemnized before
the effectivity of Family Code. NO. The Rule on Declaration of Absolute
Nullity of Void Marriages and Annulment of Voidable Marriages as
contained in A.M. NO. 02-11-10-SC which the Court promulgated on
March 15, 2003 (Bolos v. Bolos, G.R. NO. 186400 , Oct. 20, 2010 634
SCRA 429)
Judicial Declaration of Presumptive Death
Whether or not, the rule under the FC, that a judicial declaration of
presumptive death of the absent spouse is necessary before the present
spouse can remarry, has a retroactive effect. A judicial declaration of
absence of the absentee spouse is not necessary as long as the
prescribed period of absence is met. It is equally noteworthy that the
marriage in these exceptional cases are, by the explicit mandate of
Article 83, to be deemed valid "until declared null and void by a
competent court." (Armas v. Calisterio, G.R. NO.136467, Apr. 06, 2000
330 SCRA 201)
 CIVIL LAW I REVIEWER
Requisites for Declaration of Presumptive Death Effects of Bad Faith

In the case at bar, the Court considers that the investigation allegedly Bad faith imports a dishonest purpose or some moral obliquity and
26
conducted by respondent in his attempt to ascertain Janet Monica conscious doing of wrong it partakes of the nature of fraud, a breach of
Parker's whereabouts is too sketchy to form the basis of a reasonable or a known duty through some motive of interest or ill-will. (Armas v.
well-founded belief that she was already dead. When he arrived in San Calisterio, G.R. NO.136467, Apr. 06, 2000 330 SCRA 201)
Jose, Antique after learning of Janet Monica's departure, instead of
seeking the help of local authorities or of the British Embassy, he VOIDABLE MARRIAGES
secured another seaman's contract and went to London, a vast city of
many millions of inhabitants, to look for her there. (Rep. v. Nolasco, Q: What is the effect if a marriage is voidable?
G.R. NO. 94053 , Mar. 17, 1993 220 SCRA 20) A: A voidable marriage is considered valid
and produces all itscivil effects until it is set aside by final judgm
Retroactive Application of Art. 41 ent of a competent court in an action for annulmet. (Rabuya,
Persons, p. 295)
In the case at bar, the Court considers that the investigation allegedly
A voidable marriage is considered valid and produces all its civil effects
conducted by respondent in his attempt to ascertain Janet Monica
until it is set aside by final judgment of a competent court in an action
Parker's whereabouts is too sketchy to form the basis of a reasonable or
for annulment. The terms annul and null and void have different
well-founded belief that she was already dead. When he arrived in San
legal connotations and implications. Annul means to reduce to nothing;
Jose, Antique after learning of Janet Monica's departure, instead of
to nullify; to abolish; to do away with; whereas, null and void is
seeking the help of local authorities or of the British Embassy, he
something that does not exist from the beginning. (Suntay vs.
secured another seaman's contract and went to London, a vast city of
Cojuangco-Suntay, 300 SCRA 760, 771 1998)
many millions of inhabitants, to look for her there. (Rep. v. Nolasco,
G.R. NO. 94053 , Mar. 17, 1993 220 SCRA 20)
VOID AND VOIDABLE MARRIAGES AND HOW THEY MAY
Effects of Declaration of Presumptive Death BE RATIFIED
Ground Ratification
Effects of Recording of Affidavit of Reappearance
Marriage of a party 18 years Contracting party who failed to
Procedural rules of declaration of Presumptive Death of age or over but below 21 obtain parental consent:
solemnized without the
By express provision of law, the judgment of the court in a summary consent of the parents, Through free cohabitation after
proceeding shall be immediately final and executory. As a matter of guardian or person having attaining the age of 21.
course, it follows that no appeal can be had of the trial courts judgment substitute parental authority
over the party, in that order. Note: The parents cannot ratify
in a summary proceeding for the declaration of presumptive death of an
the marriage. The effect of
absent spouse under Article 41 of the Family Code (Rep. v. Tango, G.R. prescription on their part is that
NO.161062 , Jul. 31, 2009 594 SCRA 560) they are barred from contesting it
but the marriage is not yet
Even if the spouse present has a well-founded belief that the absent cleansed of its defect.
spouse was already dead, a summary proceeding for the declaration of Either party was of unsound Insane spouse: Through free
presumptive death is necessary in order to contract a subsequent mind cohabitation after coming to
reason
marriage, a mandatory requirement which has been precisely
Consent of either party was Injured party: Through free
incorporated into the Family Code to discourage subsequent marriages
obtained by fraud. cohabitation with full knowledge
where it is not proven that the previous marriage has been dissolved or of the facts constituting the
a missing spouse is factually or presumptively dead, in accordance with fraud.
pertinent provisions of law. (Navarro v. Domogtoy, A.M. NO.MTJ-96- Vices of consent such as forc Injured party: Through free
1088, Jul. 19, 1996 259 SCRA 129) e, cohabitation after the vices have
intimidation or undue influenc ceased or disappeared.
Although the result of the Court of Appeals denial of the appeal would e
Impotence and STD May not be ratified but action
apparently be the same, there is a big difference between having the
may be barred by prescription
supposed appeal dismissed for lack of jurisdiction by virtue of the fact only, which is 5 years after the
that the RTC decision sought to be appealed is immediately final and marriage.
executory, and the denial of the appeal for lack of merit. In the former,
the supposed appellee can immediately ask for the issuance of an Entry 1. UNSOUND MIND
of Judgment in the RTC, whereas, in the latter, the appellant can still
raise the matter to this Court on petition for review and the RTC Q:What is the test in determining unsoundness of mind as a
judgment cannot be executed until this Court makes the final ground for annulment?
pronouncement. (Rep. v. Bermudez-Lorino, G.R. NO. 160258 , Jan. 19, A:It is essential that the mental incapacity must relate
2005 449 SCRA 57) specifically to the contract of marriage and the test is whether
the party at the time of the marriage was capable of
As a matter of course, it follows that no appeal can be had of the trial understanding the nature and consequences of the marriage.
court's judgment in a summary proceeding for the declaration of (Rabuya persons, p. 300)
presumptive death of an absent spouse under Article 41 of the Family
Code. It goes without saying, however, that an agG.R.ieved party may Q: Who may file annulment based on unsound mind?
file a petition for certiorari to question abuse of discretion amounting to A:
lack of jurisdiction. (Rep. v. Granada, G.R. NO. 187512, June 13, 2012 General Rule:
672 SCRA 432) The sane spouse has the legal standing to file the action for
annulment only in cases where he or she contracted the
marriage without knowledge of the others insanity.

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
Exception:
When the sane spouse had knowledge of the others insanity,
action for annulment may be filed only by the following;
1. Any relative or guardian or person having legal
charge of the insane
2. The insane spouse during a lucid interval or after
regaining sanity. (Rabuya, p. 301)
2. FRAUD
Q: What are the circumstances constituting fraud under Art. 45
(3)?
A:
1. Nondisclosure of conviction by final judgment of
crime involving moral turpitude;
2. Concealment by the wife of the fact that at the time
of marriage, she was pregnant by a man other than
her husband;
3. Concealment of Sexually transmitted disease,
regardless of nature, existing at the time of marriage;
4. Concealment of Drug addiction, habitual alcoholism,
homosexuality and lesbianism. (Art. 46)
Note: Any other misrepresentation as to character, health, rank,
fortune or chastity is not a ground for annulment.
Note: Where there has been no misrepresentation or fraud, that is,
when the husband at the time of the marriage knew that the wife was
pregnant, the marriage cannot be annulled. Here, the child was born
less than 3months after the celebration of the marriage. Supreme Court
refused to annul the marriage for the reason that the woman was at an
advance stage of pregnancy at the time of the marriage and such
condition must have been patent to the husband. (Buccat v. Buccat,
G.R. No. 47101, Apr. 25, 1941)
Q: Aurora prayed for the annulment of her marriage with
Fernando on the ground of fraud in obtaining her consent after
having learned that several months prior to their marriage,
Fernando had premarital relationship with a close relative of
his. According to her the "non-divulgement to her of such pre-
marital secret" constituted fraud in obtaining her consent w/in
the contemplation of no. 4 of Art. 85,NCC. Is the concealment
by the husband of a premarital relationship with another
woman a ground for annulment of marriage?
A: No. The nondisclosure to a wife by her husband of his
premarital relationship with another woman is no a ground
for annulment of marriage. For fraud as a vice of consent in
marriage, which may be a cause for its annulment, comes under
Art. 85, No. 4 of the NCC. (now, Article 46 of the Family Code).
This fraud, as vice of consent, is limited exclusively by law to
those kinds or species of fraud enumerated in Art. 86.
Note: The intention of Congress to confine the circumstances that can
constitute fraud as ground for annulment of marriage to the 3 cases
therein may be deduced from the fact that, of all the causes of nullity
enumerated in Art. 85 (now, Article 46 of the Family Code), fraud is the
only one given special treatment in a subsequent article within the
chapter on voidand voidable marriages. If its intention were otherwise,
Congress would have stopped at Art. 85, for anyway, fraud in general is
already mentioned therein as a cause for annulment.(Anaya v. Palaroan,
GR L27930, Nov. 26 1970)
3. DRUG ADDICTION
Q: Under what conditions, respectively, may drug addiction be a
ground, if at all, for the declaration of nullity of marriage,
annulment of marriage, and legal separation?
A:
1. Declaration of nullity of marriage:
a. The drug addiction must amount to psychological
incapacity to comply with the essential obligations of
marriage;
b. It must be antecedent (existing at the time of marriage),
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
grave and incurable:
2. Annulment of marriage: 27
a. The drug addiction must be concealed;
b. It must exist at the time of marriage;
c. There should be no cohabitation with full knowledgeof
the drug addiction;
d. The case is filed within five (5) years from discovery.
3. Legal separation:
a. There should be no condonation or consent to the drug
addiction;
b. The action must be filed within five (5) years from the
occurrence of the cause.
c. Drug addiction arises during the marriage and not at the
time of marriage. (Bar Question 1997)
Q: If drug addiction, habitual alcoholism, lesbianism or
homosexuality should occur only during the marriage, would
these constitute grounds for a declaration of nullity or for legal
separation, or would they render the marriage voidable?
A: In accordance with law, if drug addiction, habitual
alcoholism, lesbianism or homosexuality should occur only
during the marriage, they will:
1. Not constitute as ground for declaration of nullity.
(Art. 36, FC)
2. Constitute as grounds for legal separation. (Art. 55,
FC); and
3. Not constitute as grounds to render the marriage
voidable. (Arts. 45 and 46 of the FC) (2002 Bar
Question)
4. VITIATED CONSENT
Q: When is vitiated consent a ground for annulment of
marriage?
A:
General Rule: Consent of either party was obtained
by force, intimidation or undue influence.
Exception: If the same having disappeared or ceased,
such party thereafter freely cohabited with the other as
husband and wife.
5. IMPOTENCE
Q:When may impotence be a ground for annulment of
marriage?
A:
1. Exists at the time of the celebration of marriage.
2. Permanent (does not have to be absolute)
3. Incurable
4. Unknown to the other spouse
5. Other spouse must not also be impotent
Q: In case there is no proof as to the potency of one spouse,
shall he be considered as impotent?
A:
General Rule:
No. Presumption is in favour of potency.
Exception:
Doctrine of triennial cohabitation.
Q: What is the doctrine of triennial cohabitation?
A: If after 3 years of living together with her husband, the wife
remained a virgin, the husband is presumed to be impotent.
(Rabuya, Persons, p. 310)
 CIVIL LAW I REVIEWER
6. SEXUALLY TRANSMITTED DISEASE PRESENCE OF PROSECUTOR

Q: When mayaffliction of a sexually transmitted disease (STD) The prosecuting attorney or fiscal may oppose the application for legal
28
be a ground for annulment? separation or annulment (or declaration of nullity of marriages) through
A: Requisites: the presentation of his own evidence, if in his opinion, the proof
1. One of the parties is afflicted with STD adduced is dubious and fabricated. (Tuazon vs. Court of Appeals, 256
2. STD must be: SCRA 158 1996)
a. Existing at the time the marriage is
celebrated Q: What is the role of the prosecutor or Solicitor General in all
b. Serious cases of annulment or declaration of absolute nullity of
3. apparently Incurable marriage?
4. The other spouse must not be aware of the others A: They shall take steps to prevent collusion between the
affliction parties and to take care that evidence is not suppressed.
5. Injured party must be free from STD. Concomitantly, even if there is no suppression of evidence, the
public prosecutor has to make sure that the evidence to be
Q: Yvette was found to be positive for HIV virus, considered presented or laid down before the court is not fabricated. Truly,
sexually transmissible, serious and incurable. Her boyfriend only the active participation of the public prosecutor or the
Joseph was aware of her condition and yet married her. After Solicitor General will ensure that the interest of the State is
two (2) years of cohabiting with Yvette, and in his belief that represented and protected in proceedings for declaration of
she would probably never be able to bear him a healthy child, nullity of marriages by preventing the fabrication or suppression
Joseph now wants to have his marriage with Yvette annulled on of evidence.
the ground that Yvette has STD. Yvette opposes the suit
contending that Joseph is estopped from seeking annulment of Q: When is the non-intervention of the prosecutor not fatal to
their marriage since he knew even before their marriage that the validity of the proceedings in the trial court?
she was afflicted with HIV virus. A: In cases where the respondent in a petition for annulment
vehemently opposed the same and where he does not allege
Can the action of Joseph for annulment of his marriage with that evidence was suppressed or fabricated by any of the
Yvette prosper? Discuss fully. parties. (Tuason v. CA, G.R. No. 116607, April 10, 1996)
A: No. Concealment of a sexually transmitted disease may
annul the marriage if there was fraud existing in the party Q: What are the actions prohibited in annulment and
concerned. In this case, there was no fraud because Joseph declaration of absolute nullity of marriage cases?
knew that Yvette was suffering from HIV when he married her. A:
(par 3, Art. 46, Family Code) 1. Compromise
2. Confession of judgment
ARTICLE 45 v. ARTICLE 46 3. Stipulation of facts
4. Summary judgment
Article 45 Article 46 5. Judgment on the pleadings
Affliction Concealment
The fact of being afflicted is the The act of concealing is the Note: What the law prohibits is a judgment based exclusively or mainly
ground for annulment ground for annulment as it on defendant's confession. (Ocampo v. Florenciano, 107 Phil. 35). Thus,
constitutes Fraud. stipulation of facts or confession of judgment if sufficiently supported by
Whether concealed or not. There must be concealment other independent substantial evidence to support the main ground
Must be serious and incurable Does not have to be serious and relied upon, may warrant an annulment or declaration of absolute
incurable nullity.

WHO MAY FILE AND WHEN SHOULD PETITION FOR PENDENCY OF ACTION
ANNULMENT OF VOIDABLE MARRIAGES BE FILED

Who may file When to file Q: What is the duty of the Court during the pendency of the
Marriage was solemnized without the consent of the action for annulment, declaration of absolute nullity of marriage
parents, guardian or person having substitute parental or legal separation?
authority over the party
A: The Court shall, in the absence of adequate written
Contracting party Within 5 years after
attaining the age of 21 agreement between the spouses, provide for the:
Parent, guardian, or person having legal At any time before
charge of the contracting party such party has 1. Support of the spouses
reached the age of 21 2. Support and custody of the common children.
Either party was of unsound mind 3. Visitation rights of the other parent.
Sane spouse who had At any time before the
no knowledge of the others insanity death of either party EFFECTS OF NULLITY
Any relative, guardian or person having At any time before the Q:What rule governs the liquidation of properties in marriages
legal charge of the insane death of either party
declared void or annulled by final judgment?
Insane spouse During a lucid interval or A:
after regaining sanity 1. Void marriages:
The consent of either party was obtained by fraud
Injured party Within 5 years after the General Rule: The rules on coownership under the
discovery of fraud Civil Code. (Valdes v. RTC)

Exception: Art. 43(2) of the Family Code in marriages

declared void under Art. 40. (Art. 50)

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER

2. Voidable marriages under Art. 45: shall be liquidated in 29

accordance with Art. 43 (2) of the Family Code.(Art. 50).

Note: In both instances under Articles 40 and 45, the marriages are
governed either by absolute community of property or conjugal
partnership of gains unless the parties agree to a complete separation
of property in a marriage settlement entered into before the marriage.
Since the property relations of the parties is governed by absolute
community of property or conjugal partnership of gains, there is a need
to liquidate, partition and distribute the properties. (Dino v. Dino, G.R.
No 178044, January 19, 2011)

Q: What must the final judgment of nullity or annulment

provide?
A: The final judgment shall provide for the following:

1. Liquidation, partition and distribution of the properties of

the spouses;
2. Custody and support of the common children; and
3. Delivery of their presumptive legitimes, unless such
matters had already been adjudicated in previous judicial
proceedings, in which case, the final judgment of nullity or
annulment need not provide for those which have already been
adjudicated.

Note: Where there was a failure to record in the civil registry and
registry of property the judgment of annulment or absolute nullity of the
marriage, the partition and distribution of the property of the spouses,
and the delivery of the childrens presumptive legitimes, it shall not
affect third persons. (Arts. 52 &53)

Q: What are the forms of presumptive legitime?

A:
1. cash
2. property
3. sound security

Q: What must be done by a person whose prior marriage was

annulled or declared void if he wishes to remarry?
A: He must comply with the requirement provided for in Art. 52,
before he contracts a subsequent marriage, viz:

There cording in the civil registries and registries of properties

of the following: JPDD

1. Judgment of annulment;
2. Partition;
3. Distribution of properties; and
4. Delivery of presumptive legitimes.

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
LEGAL SEPARATION
Also without merit is the argument of William that since Lucita has
abandoned the family, a decree of legal separation should not be
granted, following Art. 56, par. (4) of the Family Code which provides
that legal separation shall be denied when both parties have given
ground for legal separation. The abandonment referred to by the Family
Code is abandonment without justifiable cause for more than one year.
(Ong v. Ong, G.R. NO. 153206 , Oct. 23, 2006 505 SCRA 76)
De facto Separation vs. Legal Separation, Article 63
The fact that Manzano and Payao had been living apart from their
respective spouses for a long time already is immaterial. Article 63(1) of
the Family Code allows spouses who have obtained a decree of legal
separation to live separately from each other, but in such a case the
marriage bonds are not severed. (Manzano vs. Sanchez, A.M. NO.00-
1329, Mar. 08, 2001 354 SCRA 1)
On the claims of Rosanna, it bears stressing that for her to qualify as a
primary beneficiary, she must prove that she was "the legitimate spouse
dependent for support from the employee, whether one is actually
dependent for support upon the other is something that has to be
shown; it cannot be presumed from the fact of marriage alone. The
obvious conclusion then is that a wife who is already separated de facto
from her husband cannot be said to be "dependent for support" upon
the husband, absent any showing to the contrary. (SSS v. Aguas, G.R.
NO. 165546 , Feb. 27, 2006 483 SCRA 383)
Rule on Provisional Orders (AM 02-11-12 SC);
The effects of legal separation, such as entitlement to live separately,
dissolution and liquidation of the absolute community or conjugal
partnership, and custody of the minor children, follow from the decree
of legal separation. They are not separate or distinct matters that may
be resolved by the court and become final prior to or apart from the
decree of legal separation. (Baez vs. Baez, G.R. NO. 132592 , Jan.
23, 2002 374 SCRA 340)
Whether or not, the order declaring in default a respondent in a legal
separation case amounts to grave abuse of discretion. In case of non-
appearance of the defendant, the court shall order the prosecuting
attorney to inquire whether or not a collusion between the parties
exists. If there is no collusion, the prosecuting attorney shall intervene
for the State in order to take care that the evidence for the plaintiff is
not fabricated. (Pacete vs. Carriaga, G.R. NO. 53880, Mar. 17, 1994 231
SCRA 321)
When the trial court issued its order dated November 8, 2006, it held
that although the Decision dated October 10, 2005 has become final
and executory, it may still consider the Motion for Clarification because
the petitioner simply wanted to clarify the meaning of "net profit
earned." (Quiao vs. Quiao, G.R. NO.176556 , July 4, 2012 675 SCRA
642)
GROUNDS FOR LEGAL SEPARATION
Q: What are the grounds for legal separation?
A:
1. Repeated Physical violence or grossly abusive conduct
against petitioner, common child, child of petitioner;
2. Attemptto corrupt or induce petitioner, common child,
child of petitioner to engage in prostitution, or connivance in
such corruption or inducement;
3. Attempt by respondent against the life of petitioner;
4. Final judgment sentencing respondent to imprisonment of
more than 6 years;
5.Drug addiction or habitual alcoholism of respondent;
Note: It must exist after celebration of marriage.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
6. Physical violence or moral pressure to compel petitioner to
change religious or political affiliation;
7. Bigamous marriage Subsequently contracted by respondent
30
in the Philippines or abroad
8. Sexual Infidelity or perversion;
9. Lesbianism/homosexuality of respondent;
Note: It must exist after celebration of marriage.
10. Abandonment of petitioner by respondent
without justifiable cause for
more than 1 year.
Q:What acts are considered acts of violence under R.A. 9262?
A:
1. Causing, threatening to cause, or attempting to
cause physical harm to the woman or her child;
2. Placing the woman or her child in fear of imminent
physical harm;
3. Attempting to compel or compelling the woman or
her child:
a. to engage in conduct which the woman or her
child has the right to desist from; or
b. desist from conduct which the woman or her
child has the right to engage in,
4. Attempting to restrict or restricting the womans or
her childs freedom of movement or conduct by:
a. Force, or
b. threat of force;
c. physical, or
d. other harm, or
e. threat of physical or other harm;
f. intimidation directed against the woman or
child.
This shall include, but not limited to, the following acts
committed with the purpose or effect of controlling or restricting
the womans or her childs movement or conduct:
i. Threatening to deprive or actually depriving the
woman or her child of custody to her/his family;
ii. Depriving or threatening to deprive the woman or
her children of financial support legally due her or her
family, or deliberately providing the womans children
insufficient financial support;
iii. Depriving or threatening to deprive the woman or
her child of a legal right;
iv. Preventing the woman in engaging in any
legitimate profession, occupation, business or activity
or controlling the victims own money or properties,
or solely controlling the conjugal or common money
or properties;
5. Inflicting or threatening to inflict physical harm on
oneself for the purpose of controlling her actions or
decisions;
6. Causing or attempting to cause the woman or her
child to engage in any sexual activity which does not
constitute rape, by:
a. Force, or
b. threat of force;
c. physical harm, or
d. Through intimidation directed against the
woman or her child or her/his immediate family;
 CIVIL LAW I REVIEWER
7. Engaging in purposeful, knowing, or reckless
conduct, personally or through another, that alarms or
causes substantial emotional or psychological distress
to the woman or her child.
a. Stalking or following the woman or her child
in public or private places;
b. Peering in the window or lingering outside the
residence of the woman or her child;
c. Entering or remaining in the dwelling or on
the property of the woman or her child against
her/his will;
d. Destroying the property and personal
belongingness or inflicting harm to animals or pets
of the woman or her child; and
e. Engaging in any form of harassment or
violence;
8. Causing mental or emotional anguish, public
ridicule or humiliation to the woman or her child,
including, but not limited to, repeated verbal and
emotional abus and denial of financial support or
custody of minor children of access to the
womans child/children.
Note: The Supreme Court decided to withhold the names and identities
of women and child victims, from the court records in order to respect
their dignity and protect their privacy. These rulings give effect to the
provisions of R.A. 9262. The confidentiality or nondisclosure rule covers
the withholding of information relating to the personal circumstances of
the victim which tend to establish or compromise their identities, as well
as those of their immediate family or household members. In the
aforesaid cases, the names of the victims were substituted with
initials.(People v. Melchor Cabalquinto, G.R. No. 167693, Sept.19, 2006;
People v. Alexander Mangitngit, G.R. No. 171270, Sept. 20, 2006)
Q: What is a Protection Order under R.A. 9262?
A: Protection order is an order issued under this act for the
purpose of preventing further acts of violence against a woman
or her child and granting other necessary relief. (Rabuya,
Persons, p. 376)
The relief granted under a protection order serves the purpose
of safeguarding the victim from further harm, minimizing any
disruption in th victims daily life, and facilitating the opportunity
and ability of the victim to independently regain control over her
life. The provisions of the protection order shall be enforced by
law enforcement agencies. The protection orders that may be
issued under this act are the barangay protection order (BPO),
temporary protection order (TPO) and permanent protection
order (PPO).
Q: Who may file for protection order?
A:
1. The offended party;
2. Parents orguardians of the offended party;
3. Ascendants, descendants or collateral relatives
within the fourth civil degree of consanguinity or
affinity;
4. Officers or social workers of the DSWD or social
workers of local government units (LGUs);
5. Police officers, preferably those in charge of women
and childrens desks;
6. Punong barangay or barangay kagawad;
7. Lawyer, counselor, therapist or healthcare provider
of the petitioner;
8. At least two (2) concerned responsible citizens of
the city or municipality where the violence against
women and their children occurred and who has
personal knowledge of the offense committed.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
DEFENSES
31
Q: What are the grounds for denial of petition for legal
separation?
A:
1. Condonation of act complained of;
2. Consent to the commission of the offense/act;
3. Connivance in the commission of the act;
4. Collusionin the procurement of decree of LS;
5. Mutual guilt;
6. Prescription: 5 yrs from occurrence of cause;
7. Death of either party during the pendency of the case
(LapuzSy v. Eufemio, G.R. No. L31429, Jan. 31, 1972);
8. Reconciliation of the spouses during the pendency of
the case (Art. 56, FC).
Q: What is the prescriptive period for filing a petition for legal
separation?
A: An action for legal separation shall be filed within five years
from the time of the occurrence of the cause (Art. 57, FC). An
action filed beyond that period is deemed prescribed.
Q: William filed a petition for legal separation in 1955 grounded
on Juanitas adulterous relations allegedly discovered by William
in 1945. Was Williams action already barred by prescription?
A: Yes. Under Article 102, NCC, an action for legal separation
cannot be filed except within one (1) year from and after the
plaintiff became cognizant of the cause and within five years
from and after the date when such cause occurred.
In this case, Williams action is already barred because of his
failure to petition for legal separation proceedings until ten
years after he learned of his wife's adultery, which was upon his
release from internment in 1945. (Brown v. Yambao, G.R.
No.L10699, Oct. 18, 1957)
Note: This case was decided under the civil code not under the family
code.
Q: What is the effect of failure to interpose prescription as a
defense?
A: None. While it is true that prescription was not interposed as
a defense, nevertheless, the courts can take cognizance thereof,
because actions seeking a decree of legal separation, or
annulment of marriage, involve public interest and it is the
Policy of our law that no such decree be issued if any legal
obstacles thereto appear upon the record. (Brown v. Yambao,
G.R. No.L10699, Oct. 18, 1957)
COOLINGOFF PERIOD
Q: What is the mandatory coolingoff period?
A: The requirement set forth by law that an action for legal
separation shall in no case shall be tried before 6 months has
elapsed since the filing of the petition, to enable the contending
spouses to settle differences. In other words, it is for possible
reconciliation.
Note: There is no coolingoff period if the ground alleged are those
under R.A. 9262 (Antiviolence against Women and
Children).
In this interim, the court should take steps toward getting the parties to
reconcile. (Pacete vs. Carriaga, Jr., G.R. NO. L-53880, March 17, 1994.)
During this period, the court where the action is pending shall remain
passive and is precluded from hearing the suit. (Somosa-Ramos vs.
Vamenta, Jr., G.R. NO. L-34132, July 29,1972)
 CIVIL LAW I REVIEWER
RECONCILIATION EFFORTS
Q: What is required of the Court before legal separation may be
decreed?
A: The Court shall take steps toward the reconciliation of the
spouses and must be fully satisfied, despite such efforts, that
reconciliation is highly improbable.
CONFESSION OF JUDGMENT
Q: What is the rule in rendering a judgment of legal separation
based upon a stipulation of facts or confession of judgment?
A: A decree of legal separation cannot be issued solely on the
basis of a stipulation of facts or a confession of judgment. The
grounds for legal separation must be proved. Neither confession
of judgment nor summary judgment is allowed.
Note: What the law prohibits is a judgment based exclusively ormainly
on defendant's confession. (Ocampo v. Florenciano, G.R. No.L13553,
February 23, 1960)
EXTENT OF INQUIRY OF PROSECUTOR
Q: After learning of Juanitas misconduct, William filed a petition
for legal separation. During his cross-examination by the
Assistant Fiscal, it was discovered that William lived with a
woman named Lilia and had children with her after the
liberation. The court denied the petition on the ground both of
them had incurred in a misconduct of similar nature that barred
the right of action under Art. 100, NCC.
William argues that in cross-examining him with regard to his
marital relation with Lilia, who was not his wife, the Assistant
Fiscal acted as counsel for Juanita when the power of the
prosecuting officer is limited to finding out whether or not there
is collusion, and if there is no collusion, to intervene for the
state. Is his argument correct?
A: The argument is untenable. It was legitimate for the Fiscal to
bring to light any circumstances that could give rise to the
inference that Juanita's default was calculated, or agreed upon,
to enable him to obtain the decree of legal separation that he
sought without regard to the legal merits of his case.
One such circumstance is the fact of William's cohabitation with
Lilia, since it bars him from claiming legal separation by
Express provision of Article 100 of the new Civil Code. Such
evidence of misconduct is a proper subject of inquiry as they
may justifiably be considered circumstantial evidence of
collusion between the spouses.
Article 101 NCC, calling for the intervention of the state
attorneys in case of uncontested proceedings for legal
separation (and of annulment of marriages, under Article 88)
emphasizes that marriage is more than a mere contract; that it
is a social institution in which the state is vitally interested, so
that its continuation or interruption cannot be made depend
upon the parties themselves. It is consonant with this policy
that the inquiry by the Fiscal should be allowed to focus upon
any relevant matter that may indicate whether the proceedings
for separation or annulment are fully justified or not (Brown
v.Yambao, G.R. No. L10699, Oct. 18, 1957)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
WHO MAY FILE AND WHERE SHOULD PETITION FOR
LEGAL SEPARATION BE FILED 32
Who may Husband or wife
file
When to fi Within 5 years from the time of the
le occurrence of the cause
Family Court of the province or city where
the petitioner or the respondent has been
residing for at least 6 months prior to
Where to
the
file
date of filing or in case of a nonresident, where he may
be found in the
Philippines, at the election of the petitioner
EFFECTS OF FILING PETITION
Q:What are the effects of filing of a petition for legal
separation?
A:
1. The spouses shall be entitled to live separately from
each other.
2. In the absence of an agreement between the parties,
the court shall designate either the husband or the wife or
a 3rd person to administer the absolute community or
conjugal partnership property.
EFFECTS OF PENDENCY OF PETITION
Q:What is the effect of the death of plaintiff- spouse before a
decree of legal separation?
A: The death of plaintiff before a decree of legal separation
abates such action. Being personal in character, it follows that
the death of one party to the action causes the death of the
action itself- action personalis moritur cum persona. Even if
property rights are involved, because these rights are mere
effects of the decree of legal separation, being rights in
expectation, these rights do not come into existence as a result
of the death of a party. Also under the Rules of Court, an action
for legal separation or annulment of marriage is not one which
survives the death of spouse. (Lapuz v. Eufemio, G.R.
No.L31429, Jan. 31, 1972)
Q: May the heirs of the deceased spouse continue the suit
(petition for decree of legal separation) if the death of the
spouse takes place during the pendency of the suit?
A: No. An action for legal separation is purely
personal,therefore, the death of one party to the action causes
the death of the action itself- action personalis moritur cum
persona.
Note:In cases where one of the spouses is dead as well as in case the
deceaseds heirs continue the suit, Separation of property and any
forfeiture of share already effected subsists, unless spouses agree to
revive former property regime.
 CIVIL LAW I REVIEWER
EFFECTS OF LEGAL SEPARATION
Q: What are the effects of decree of legal separation?
A:
1. Spouses entitled to live separately;
Note: Marriage bond not severed
2. ACP/CPG shall be dissolved or liquidated
Note: But offending spouse shall have no right to any share
of the net profits earned by the AC/CP which shall be forfeited
according w/ Art. 43(2).
3. Custody of minor children is awarded to the
innocent spouse (subject to Art. 213, FC);
4. Offending spouse is disqualified to inherit from
innocent spouse by intestate succession;
5. Provisions in will of innocent spouse which favors
offending spouse shall be revoked by operation of
law;
6. Innocent spouse may revoke donations he/she
made in favour of offending spouse;
Note: Prescriptive period: 5 years from finality of decree of
legal separation.
7. Innocent spouse may revoke designation of
offending spouse as beneficiary in any insurance policy
(even when stipulated as irrevocable).
Note: An action for legal separation which involves nothing more than
bed-and board separation of the spouses is purely personal. The Civil
Code recognizes this (1) by allowing only the innocent spouse and no
one else to claim legal separation; (2) by providing that the spouses
can, by their reconciliation, stop or abate the proceedings and even
rescind a decree of legal separation already granted. (Lapuz v. Eufemio,
G.R. No.L31429, Jan. 31, 1972)
Q: May the wife who has been granted legal separation petition
be allowed to revert to her maiden name?
A: No. The marriage bond not having severed, the woman
remains to be the lawful wife of the man.
Note: Even under the Civil Code, the use of the husband's surname
during the marriage (Art. 370, Civil Code), after annulment of the
marriage (Art. 371, Civil Code) and after the death of the husband (Art.
373, Civil Code) is permissive and not obligatory except in case of legal
separation (Art. 372, Civil Code). Under the present article of our Code,
however, the word "may" is used, indicating that the use of the
husband's surname by the wife is permissive rather than obligatory. We
have no law which provides that the wife shall change her name to that
of the husband upon marriage. This is in consonance with the principle
that surnames indicate descent. It seems, therefore, that a married
woman may use only her maiden name and surname. She has an
option, but not a duty, to use the surname of the husband in any of the
ways provided by this Article. (Yasin v. Hon. Judge Shariah District
court, G.R. No. 94986, Feb. 23, 1995)
Q: Which of the following remedies,
a. declaration of nullity of marriage,
b. annulment of marriage,
c. legal separation, and/or
d. separation of property,
can an aggrieved spouse avail himself/herself of:
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
Q: If the wife discovers after the marriage that her 33
husband has AIDS?
A: Since AIDS is a serious and incurable sexually transmissible
disease, the wife may file an action for annulment of the
marriage on this ground whether such fact was concealed or
not from the wife, provided that the disease was present at the
time of the marriage. The marriage is voidable even though the
husband was not aware that he had the disease at the time of
marriage.
Q. If the wife goes (to) abroad to work as a nurse and refuses
to come home after the expiration of her 3 year contract there?
A: If the wife refuses to come home for three (3) months from
the expiration of her contract, she is presumed to have
abandoned the husband and he may file an action for judicial
separation of property. If the refusal continues for more than
one year from the expiration of her contract, the husband may
file the action for legal separation under Art. 55 (10) of the
Family Code on the ground of abandonment of petitioner by
respondent without justifiable cause for more than one year.
The wife is deemed to have abandoned the husband when she
leaves the conjugal dwelling without any intention of returning
(Article 101, FC). The intention not to return cannot be
presumed during the 30 year period of her contract.
Q: If the husband discovers after the marriage that his wife has
been a prostitute before they got married?
A: If the husband discovers after the marriage that his wife was
a prostitute before they got married, he has no remedy. No
misrepresentation or deceit as to character, health, rank,
fortune or chastity shall constitute fraud as legal ground for an
action for the annulment of marriage (Article 46 FC).
Q: If the husband has a serious affair with his secretary and
refuses to stop notwithstanding advice from relatives and
friends?
A: The wife may file an action for legal separation. The
husbands sexual infidelity is a ground for legal separation
(Article 55, FC). She may also file an action for judicial
separation of property for failure of her husband to
comply with his marital duty of fidelity (Article 135 (4),
101,
FC).
Q: If the husband beats up his wife every time he comes home
drunk?
A: The wife may file an action for legal separation on the
ground of repeated physical violence on her person (Article 55
(1), FC). She may also file an action for judicial separation of
property for failure of the husband to comply with his marital
duty of mutual respect (Article 135 (4), Article 101, FC). She
may also file an action for declaration of nullity of the marriage
if the husbands behaviour constitute psychological incapacity
existing at the time of the celebration of marriage. (2003 Bar
Question)
 CIVIL LAW I REVIEWER
RECONCILIATION
DECLARATION OF NULLITY OF MARRIAGE v. 34
Q: What are the effects of reconciliation? ANNULMENT v. LEGAL SEPARATION
A: Declaration of Nullity of Annulment Legal
1. As to the Decree: Marriage Separation
a. During the pendency of the case: Legal Separation Marriage band
proceedings terminated in whatever stage. Dissolved Dissolved No effect,
marriage bond
b.After the issuance of the decree: Final decree of legal
remains valid
separation to be set aside
Status of children
GR: Illegitimate
2. As to the Property Regime:
XPN: Children conceived or
General Rule: With respect to separation of properties, the born of marriages before Legitimate
same shall subsist. declaration of nullity under
Arts. 36 and 53 considered
Exception: The parties, however, can come into an agreement legitimate
to revive their previous regime. Their agreement must be under Property Relations
GR: Governed either by ACP/CPG shall be dissolved &
oath and must contain a list of the properties desired to be
Article 147 or Article 148 of liquidated. [Art. 43 (2)] Share of
returned to the community or conjugal property and those the Family Code. Thus, spouse, who contracted the
which will remain separate, a list of creditors and their property regime shall be subsequent marriage in bad faith, in
addresses. liquidated pursuant to the the net profits of the community
ordinary rules onco- property or conjugal partnership,
3. As to capacity to succeed: The Family Code does not ownership. shall be forfeited in favour of the
provide for the revival of revoked provisions in a will originally common children, or if there are
made in favour of the offending party as a result of the LS. This XPN: Marriages declared void none, the children of the guilty
under Art. 40 which shall be spouse by a previous marriage, or
absence gives the innocent spouse the right to choose whether
liquidated in accordance with in default of children, the innocent
the offending spouse will be reinstituted. Art. 43 (2).(Valdes v. RTC) spouse.
Donations Propter Nuptias
4. As to the forfeited shares: Those given to the children GR: Shall remain valid. [Art. 43 (3)]
cannot be returned since the spouses are no longer the owners
of such. But those given to the innocent spouse may be XPN:
returned. 1. if done contracted the marriage
in bad faith, such donations made
Note: In an action for legal separation on the ground of adultery filed to said done shall be revoked by
by the husband, even though the defendant wife did not interpose the operation of law.
defense of prescription, nevertheless, the courts can take cognizance
thereof, because actions seeking a decree of legal separation or 2. if both spouses to the marriage
annulment of marriage, involve public interest, and it is the policy of our acted in bad faith, all donations
law that no such decree be issued if any legal obstacles thereto appear propter nuptias shall be revoked by
upon the record. Also, the husband was guilty of commission of the operation of law.
same offense by living with another woman. Insurance
If one spouse acted in bad faith,
This is an exception to the Rules of Court provision that defenses not innocent spouse may revoke his
raised in the pleadings will not be considered since provisions on designation as beneficiary in the
marriage are substantive in nature.(Brown v. Yambao, G.R. No.L10699, insurance policy even if such
Oct. 18, 1957) designation be stipulated as
irrevocable. [Art. 43 (4)]
Succession
Q: Does reconciliation automatically revive the former property
If one spouse contracted the
regime of the spouses? marriage in bad faith, he shall be
A: No. If the spouses want to revive the previous property disqualified to inherit from innocent
regime they must execute an agreement to revive the former spouse by testate and intestate
property regime, which agreement shall be submitted in court, succession. [Art. 43 (5)]
together with a verified motion for its approval. (Art. 67, Family
Code)

The agreement to revive must be under oath

and specify:

1. The properties to be contributed anew to the

restored regime;
2. Those to be retained as separated properties of
each spouse; and
3. The names of all their known creditors, their
addresses and the amounts owing to each.

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
Exception: Giving support (Arroyo v. Arroyo, G.R. No. L17014,
RIGHTS AND OBLIGATIONS
BETWEEN HUSBAND AND WIFE
Aug. 11, 1921) 35
Q: Who fixes the family domicile?
Marital rights including coverture and living in conjugal dwelling may not A:The husband and wife.
be enforced by the extra-ordinary writ of habeas corpus. With his full
mental capacity coupled with the right of choice, Potenciano Ilusorio Note: In case of disagreement the Court shall decide.
may not be the subject of visitation rights against his free choice.
Otherwise, we will deprive him of his right to privacy. (Ilusorio v. Q: When may the Court exempt one spouse from living with the
Bildner, G.R. NO. 139789 , May 12, 200 332 SCRA 169) other?
A:
Under Article 117 of the Civil Code (now Article 73 of the Family Code), 1. If one spouse should live abroad.
the wife may exercise any profession, occupation or engage in business 2. Other valid and compelling reasons.
without the consent of the husband. In the instant case, we are
convinced that it was only petitioner Nancy Go who entered into the Note: The Court shall not grant the exemption if it is not compatible
contract with private respondent. (Go vs. CA G.R. NO.114791, May 29, with the solidarity of the family.
1997 272 SCRA 752)
Q: From where shall the expenses for the support of the family
come from?
A. ESSENTIAL OBLIGATIONS
A:
1. Community property
Q: What are the rights and obligations of the spouses?
2. In the absence thereof, from the income of separate
A:
properties.
1. Essential marital obligations :
3. In the absence of such income, from the separate
a. Live together
Note: Includes consortium and copulation
properties.
b. Observe mutual love, respect, fidelity
c. Render mutual help and support Q: Can a spouse object in the exercise by the other of his/her
profession, occupation or business?
2. Fix the family domicile (Art. 69, FC) A: Yes, but only on valid, serious and moral grounds.
3. Jointly support the family (Art. 70, FC)
Note: Other spouse may object on valid, serious and moral grounds.
a. Expenses shall be paid from the community
property
In case of disagreement, the court shall decide whether:
b. In the absence thereof from the income or fruits of
a. Objection is proper; and
their separate properties
b. Benefit has accrued to the family before
c. Inthe absence or insufficiency thereof from their
and after the objection.
separate properties
Note: The foregoing shall not prejudice right of creditors who acted in
4. Manage the household (Art. 71, FC) good faith.
5. Not to neglect duties, or commit acts which tend to bring
danger, dishonour, or injury to family (Art. 72, FC) Q: What law shall govern the property relations of spouses?
6.Either spouse may practice any legitimation A:
profession/business, even without the consent of the other. General Rule: Philippine laws shall govern, regardless of place
(Art. 73, FC) of celebration and residence of spouses, in the absence of
contrary stipulation in a marriage settlement. (Art. 80, Family
Note: Other spouse may object on valid, serious and moral grounds.
Code)
In case of disagreement, the court shall decide whether: Exception: Lex rei sitae applies:
a. Objection is proper; and
b. Benefit has accrued to the family before and after 1. Where both spouses are aliens;
the objection. 2. With respect to the extrinsic validity of contracts:
a. affecting property not situated in the Philippines;
Note: The foregoing shall not prejudice right of creditors who acted in
good faith.
and
b. executed in the country where the property is
Q: What are the other obligations of spouses? located;
A: 3. With respect to extrinsic validity of contracts:
1. Exercise the duties and enjoy the rights of parents; a. entered into in the Philippines; but
2. Answer for civil liability arising from injuries caused b. affecting property situated in a foreign country
by children below 18; whose laws require different formalities for its
3. Exercise parental authority over childrens property extrinsic validity.
(Republic v. CA, Molina, G.R. No. 108763, Feb.
13, 1997). Q: What governs the property relations of spouses?
A: The property relations shall be governed by the ff. in the
Q: May the performance of essential marital obligations be stated order:
compelled by court?
A: 1. Marriage settlement
General Rule: Performance of essential marital 2. Provisions of the Family Code
obligations under Art. 68 cannot be compelled by court 3. Local custom
because it will be a violation of personal liberty.

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
Q: Marriage being a contract, may the parties enter into
stipulations which will govern their marriage?
A: Yes, only as to their property relations during the marriage
subject only to the condition that whatever settlement they may
have must be within the limits provided by the Family Code.
However, the nature, consequences, and effects of marriage
cannot be subject to stipulation. (Rabuya, Persons, p. 398)
Note: Future spouses may agree upon the regime of absolute
community of property, conjugal partnership of gains, absolute
separation of property or any other regime.
Q: Are rights over share in the community or conjugal property
waivable during the marriage?
A:
General Rule: No.
Exception: In case of judicial separation of property.
Note: The waiver must be in a public instrument and recorded in the
office of the local civil registrar where the marriage contract was
recorded as well as in the proper registry of property.
MARRIAGE SETTLEMENTS
Q:What is a marriage settlement?
A: It is a contract entered into by spouses about to be married
for the purpose of fixing the terms and conditions of their
property relations with regard to their present and future
property.
Q: What are the requisites of a valid marriage settlement?
A:
1. In writing;
2. Signed by the parties;
3. Executed before the celebration of marriage;
4. Registration (to bind 3rd persons).
Note: The provisions in the marriage settlement must be in accordance
with law, morals or public policy, otherwise such agreement is void
(Paras, Civil Code, book I, pp. 516)
ADDITIONAL REQUIREMENTS FOR THE VALIDITY OF
MARRIAGE SETTLEMENTS
Factual Situation Additional Requirement
The following must be made a
If one of both of the
party to the marriage
parties are:
settlement, otherwise the MS is void:
Parents; or those required to give
1821 years old
consent
Sentenced with civil Guardian appointed by the court
interdiction
Disabled Guardian appointed by the court
Q: May a marriage settlement be modified?
A: Yes. For any modification in the MS to be valid:
1. The requisites for a valid MS must be present;
2. There must be judicial approval;
3. Subject to the provisions of Arts. 66, 67,
128, 135, and 136.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
Q: What is the effect on the ante nuptial agreement in case the
marriage is not celebrated? 36
A:
General Rule: Everything stipulated in the
settlements or contracts in consideration of the
marriage shall be rendered void.
Exception: Those not dependent upon or is not made
in consideration of the marriage subsists.
DONATIONS BY REASON OF
MARRIAGE
The following donations are not donations propter nuptias: (1) those
made in favor of the spouses after the celebration of marriage; (2)
those executed in favor of the future spouses but not in consideration of
the marriage; and (3) those Ggranted to persons other than the
spouses even though they may be founded on the marriage (Serrano
vs. Solomon, G.R. NO. L-12093, June 29, 1959)
Q: When are donations considered as donations by reason of
marriage?
A: Those donations which are made before the celebration of
the marriage, in consideration of the same, and in favour of one
or both parties.
Q: What are the requisites for donations propter
nuptias (DPN)?
A:
1. Made before celebration of marriage;
2. Made in consideration of the marriage;
3. Made in favour of one or both of the future spouses.
Q: What are the requisites if donation be made by one spouse
in favour of the other?
A:
1. There must be marriage settlement (MS) stipulating
a property regime other than ACP;
2. Donation in the MS be not more than
1/5 of the present property;
3. There must be acceptance by the other spouse.
Rules governing Donation propter nuptias
Even if the donation proper nuptias is void for failure to comply with
formal requisites, it could still constitute as legal basis for adverse
possession. (Heirs of Segunda Maningding vs. CA, 276 SCRA 601 1997)
Under the Old Civil Code, donations propter nuptias must be made in a
public instrument in which the property donated must be specifically
described. However, Article 1330 of the same Code provides that
"acceptance is not necessary to the validity of such gifts". In other
words, the celebration of the marriage between the beneficiary couple,
in tandem with compliance with the prescribed form, was enough to
effectuate the donation propter nuptias under the Old Civil Code.
(Valencia v. Locquiao, G.R. NO. 122134, Oct. 3, 200 412 SCRA 600)
 CIVIL LAW I REVIEWER
VOID DONATIONS BY THE SPOUSES GROUNDS FOR FILING AN ACTION FOR REVOCATION
OF DONATION PROPTER NUPTIAS AND THEIR 37
Q: What is the rule regarding donations made between PRESCRIPTIVE PERIODS
spouses? Grounds Period Prescriptive
A: period
1. Before the marriage: Reckoning
Point
1. Marriage is 5 yrs. Time the
General Rule: Future spouses cannot donate toeach
not celebrated marriage was not
other more than 1/5 of their present property solemnized on
(Excess shall be considered void) XPN: Those the fixed date.
automatically (Art. 1149)
Exception: If they are governed by ACP, then each rendered void by
spouse can donate to each other in their marriage law.
settlements present property without limit, provided 2. Marriage is Ground for
there is sufficient property left for their support and judicially Nullity
declared void a. Contracted Revoked by operation of law
the legitimes are not impaired.
subsequent
marriage
2. During the marriage: before prior
marriage has
General Rule: Every donation or grant of gratuitous been judicially
advantage, direct or indirect, between spouses are declared void
considered void. b. Any other 5 yrs. Finality of judicial
grounds declaration of
Exception: Moderate gifts on the occasion of any nullity (if action
is to recover
family rejoicing.
property
3. Marriage place without consent 5 yrs. Time the donor
Note: The aforementioned rules also apply to common law
of parents, when required by law came to know
spouses.
that the required
parental consent
Q: Why are donations between spouses during marriage was not
considered void? obtained.
A:
1. To protect unsecured creditors from being defrauded; 4. Marriage is annulled and donee 5 yrs. Finality of Decree
2. To prevent the stronger spouse from imposing upon the acted in bad faith
weaker spouse transfer of the latters property to the former; 5. Upon legal separation (LS), 5 yrs. Time Decree of
donee being the guilty spouse Legal separation
3. To prevent indirect modification of the marriage settlement.
has become final
6. Donation subject to resolutory 5 yrs. Happening of the
Donation between Spouses
condition and it took place resolutory
condition
Article 87 of the Family Code expressly provides that the prohibition
7. Donee committed an act 1 yr. From the donors
against donations between spouses now applies to donations between ingratitude knowledge of the
persons living together as husband and wife without a valid marriage, commission of an
for otherwise, the condition of those who incurred guilt would turn out act of ingratitude
to be better than those in legal union.
(Agapay vs. Palang, G.R. NO. 116668 , Jul. 28, 1997 276 SCRA 340) Note: Acts of ingratitude:

Respondents having proven by a preponderance of evidence that Cirila
and Francisco lived together as husband and wife without a valid
marriage, the inescapable conclusion is that the donation made by
Francisco in favor of Cirila is void under Art.87 of the Family
Code.(Arcaba vs. Batocael, G.R. NO.146683 , Nov.22, 2001 370 SCRA
414)
1. Commissioof an offense against the person, honor or
property ofthe donor, his wife or his children under his
parental authority
General Rule: Imputation to the donor any criminal
offense or any act involving moral turpitude.

Exception: if the crime was committed against the

done himself, his wife or his children under his
authority.

2. Undue refusal to support the donor when he is

legally or morally bound to give such support.

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
PROPERTY REGIMES
38
Q: What are the different property regimes which may be
adopted by future spouses?
A:
1. Absolute Community of Property (ACP)
2. Conjugal Partnership of Gains (CPG)
3. Absolute Separation of Property (ASOP)
4. Any other regime within limits provided by the
Family Code

ABSOLUTE COMMUNITY OF PROPERTY v. CONJUGAL

PARTNERSHIP OF GAINS v. COMPLETE SEPARATION OF
PROPERTY
ACP CPG ASOP
When it applies
When spouses When the future spouses 1. When future spouses adopt it in a marriage settlement
1. Adopt in a marriage settlement; adopt it in a marriage 2. ACP or CPG is dissolved
2. Do not choose any economic system; settlement 3. Prior marriage is dissolved due to death of one spouse and surviving
or spouse failed to comply with the requirements under Art. 103(judicial
3. Adopted a different property regime settlement proceeding of the estate of deceased spouse
and the same void 4. By judicial order. Judicial separation of property may either be voluntary
or for sufficient cause.
Consist of
All the properties owned by the spouses Each spouse retains his/her
at the time of marriage become communi property before the
ty property marriage and only the fruits
and income of such
properties become part of
the conjugal properties
during the marriage
Effect of Separation in fact
The separation in fact shall not affect the regime of ACP. But:

1. The spouse who leaves the conjugal home or refuses to live therein,
without just cause, shall not have the right to be supported;

2. When consent of one spouse to any transaction of the other is

required by law, judicial authorization shall be obtained in a summary
proceeding.

3. In case of insufficiency of community or conjugal partnership property,

separate property of both spouses shall be solidarily liable for the support
of the family. Spouse present shall, upon proper petition in a summary
proceeding, be given judicial authority to administer or encumber any
specific separate property of the other spouse and use the fruits or
proceeds thereof to satisfy the latters share. (Arts. 100 & 127, FC)
Effect of Dissolution
Upon dissolution and liquidation of the
community property, what is divided
equally between the spouses or their
heirs is the net remainder of the
properties of the ACP.

Q: When do the property regimes commence?
A: Property regime commences at the precise moment of the
celebration of the marriage.
Q: In the absence of a marriage settlement, what property
regime governs the property relations of spouses?
A:
General Rule: Absolute community of property.
(Art. 75, FC)
Exception:
1. For marriages contracted prior to the effectivity of
the Family Code on August 3, 1988, conjugal
partnership of gains shall govern the property
relations. This is so because Article 119 of the New
Civil Code will apply. The provisions ofthe Family Code
shall have no retroactive effect because it shall impair
vested rights.
2. Subsequent marriage contracted within one year
from the death of the deceased spouse without
liquidation of the community property or conjugal
partnership of gains, either judicially or extrajudicially,
as required under Arts. 103 and 130 of the Family
Code. In such case, a mandatory regime of complete
separation of property shall govern the subsequent
marriage. (Rabuya, CivilLaw Reviewer, p. 100).
Prohibition on waiver of Rights, Interest, Shares and Effects
Prior to the liquidation of the conjugal partnership, the interest of each
spouse in the conjugal assets is inchoate, a mere expectancy, which
constitutes neither a legal nor an equitable estate, and does not ripen
into title until it appears that there are assets in the community as a
result of the liquidation and settlement. The interest of each spouse is
limited to the net remainder or remanente liquido (haber ganancial)
resulting from the liquidation of the affairs of the partnership after its
dissolution. (Abalos vs Macatangay Jr., 439 SCRA 649, 662-663 2004).

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
REVIVAL OF FORMER PROPERTY REGIME
Q: What are the grounds for the revival of a former property
regime?
A:
1. Civil interdiction of the prisonerspouse terminates;
2. Absentee spouse reappears
3. Court authorizes Resumption of administration by the
spouse formerly exercising such power;
4. Spouse who has abandoned the conjugal home returns
and resumes common life with the other;
5. Parental authority is judicially restored to the spouse
previously deprived thereof;
6. Reconciliation and resumption of common life of spouse
who had been separated in fact for at least 1 year;
7. Spouses agree to revive their former property
regime.
TRANSFER OF ADMINISTRATION OF EXCLUSIVE
PROPERTY
Q: What are the grounds for transfer of administration of the
exclusive property of each spouse?
A: When one spouse:
1. Is sentenced to penalty with civil interdiction;
2. Becomes a Fugitive from justice or is hiding as an
accused in a criminal case;
3. Is judicially declared Absent;
4. Becomes a Guardian of the other.
Note: Transfer of administration of the exclusive property of either
spouses does not confer ownership over the same. (Rodriguez v. De la
Cruz, GR No. 3629, Sept. 28, 1907)
Spouses contribute to the family expenses proportionately to
their income and the value of their properties.
On the other hand, their liability to creditors for family expenses
is solidary.
ABSOLUTE COMMUNITY
Q: When shall the absolute community of property commence?
A: At the precise moment of the celebration of the
marriage. i.e. actual time the marriage is celebrated on a certain
date.
Note: Any stipulation, express or implied, for the
commencement of the community regime at any other time
shall be void.
Q: What law governs the absolute community of property?
A:
1. Family code
2. Provisions on coownership
Q: What constitutes the community property?
A:
Includes:
1. All the property owned by the spouses:
a. at the time of the celebration of the marriage; or
b. acquired thereafter;
2. Property acquired during the marriage by gratuitous title,
if expressly made to form part of the community
property by the donor, testator or grantor;
3. Jewelries, etc.;
4. Winnings in gambling.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
Excludes:
1. Property acquired during the marriage by gratuitous title
39
and its fruits;
Exception: If expressly provided by the donor,
testator or grantor that they shall form part of the
community property
2. Property for personal and exclusive use of either
spouse;
Exception: Jewelries shall form part of the ACP
because of their monetary value.
3. Property acquired before the marriage by one with
legitimate descendants by former marriage and its fruits
and income;
4. Those excluded by the marriage settlement.
Q: In absence of evidence, does property acquired during the
marriage belong to the community property?
A: Property acquired during the marriage is presumed to belong
to the community, unless proven otherwise by strong and
convincing evidence. (Art .93)
The settled rule is that the sale or encumbrance of a conjugal property
requires the consent of both the husband and the wife (Guiang v. CA,
353 Phil. 578). The absence of the consent of one renders the entire
sale or encumbrance null and void, including the portion of the conjugal
property pertaining to the husband who contracted the sale. Neither
would the conjugal partnership be liable for the loan on the ground that
itredounded to the benefit of the family. The sweeping conclusion that
the loan was obtained by the husband in order to finance the
construction of housing units, without however adducing adequate
proof, does not persuade. (Homeowners Savings & Loan Bank v. Dailo,
G.R. No. 153802, Mar. 11, 2005)
The register of deeds is incorrect. A wife, by affixing her signature to a
deed of sale on the space provided for witnesses, is deemed to have
given her implied consent to the contract of sale. The consent need not
always be explicit or set forth in any particular document so long as it
is shown by acts of the wife that such consent or approval was in fact
given. (Pelayo v. Perez, G.R. No. 141323, Jun. 8, 2005)
Note: In this case, it will be noted that the sale was entered into prior
to the effectivity of the FC. Because of such, Art. 173, in relation to Art.
166 of the Civil Code, would have applied if there was a finding of lack
of the wife's consent. Under said provisions, the sale would have been
merely voidable, and not void.
Q:Will losses in gambling be charged up on the community
property?
A: No (Art. 95). However, any winnings therefrom shall form
part of the community property.
CHARGES UPON AND OBLIGATIONS OF THE
COMMUNITY PROPERTY
Q: What are the charges upon the ACP?
A:
1. The support of the spouses, their common children,
2. and legitimate children of either spouse;
3. All debts and obligations contracted during the
marriage by:
a. the designated administrator spouse for the
benefit of the community
b. by both spouses
c. by one spouse with the consent of the other;
4. Debts and obligations contracted by either spouse
without the consent of the other to the extent that the
family may have been benefited;
5. All taxes, liens, charges and expenses, including major
 CIVIL LAW I REVIEWER
or minor repairs, upon the community property;
6. All taxes and expenses for mere Preservation made
during marriage upon the separate property of either
spouse used by the family;
7. Expenses to enable either spouse to commence or
complete a professional or vocational course, or other
activity for selfimprovement;
8. Ante nuptial debts of either spouse insofar as they
have redounded to the benefit of the family;
9. The value of what is donated or promised by both
spouses in favor of their common legitimate children
for the exclusive purpose of commencing or completing
a professional or vocational course or other activity for
self-improvement;
10. Payment, in case of absence or insufficiency of the
exclusive property of the debtorspouse, of:
a. Ante nuptial debts of either spouse which did not
redound to the benefit of the family;
b. the support of illegitimate children
of either spouse;
c. liabilities incurred by either spouse by reason of a
crime or quasi-delict;
Note: The payment of which shall be considered as advances
to be deducted from the share of the debtor spouse upon
liquidation of the community
11. Expenses of litigation between the spouses.
Exception: Suit is found to be groundless, it
cannot be charged against the ACP.
OWNERSHIP, ADMINISTRATION, ENJOYMENT AND
DISPOSITION OF THE COMMUNITY PROPERTY
Q: To whom does the right to administer the community
property belong to?
A:
General Rule: It belongs to both spouses jointly.
Exception: If one spouse is incapacitated or
otherwise unable to participate in the administration
of the common properties- capacitated or able spouse
may assume sole powers of administration
But such powers do not include:
1. Disposition;
2. Alienation; or
3. Encumbrance of the conjugal or community property.
Q: In case of disagreement, whose decision shall prevail?
A: That of the husband but subject to recourse to the court by
the wife for proper remedy.
Note: Prescriptive period for recourse is 5 years from the date of the
contract implementing such decision.
Q: In cases of alienation, disposition or encumbrance of the
community property, and one spouse is incapacitated or unable
to participate in the administration of the community
property, is the approval of one spouse enough for said
alienation, disposition or encumbrance to be valid?
A: No. Both spouses must approve any dispositions or
encumbrances, and consent of the other spouse regarding the
disposition must be in writing, otherwise, the matter should be
brought to court and the court will give the authority, if
proper.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
Such consent or court approval must be obtained before the
alienation, etc., otherwise, such will be void and obtaining such 40
consent or court approval afterwards will not validate the act. A
void act cannot be ratified.
Q: What if one spouse acts without the consent of the other or
without court approval?
A: If one spouse acts without the consent of the other or
without court approval, such disposition or encumbrance is void.
However, the transaction shall be construed as a continuing
offer on the part of the consenting spouse and the 3 person
which may be perfected as a binding contract upon
acceptance by the spouse or court approval.
Q: When may one spouse resort to obtaining court approval for
any alienation, encumbrance or disposition of community
property?
A: In absence of the written consent of the other spouse.
Q: What if the community property is insufficient to cover the
foregoing liabilities?
A:
General Rule: The spouses shall be solidarily liable
for the unpaid balance with their separate properties.
Exception: Those falling under paragraph 9 of Art.
94. (Antenuptial debts, support of illegitimate children,
liabilities incurred by spouse by reason of a crime or
quasidelict) in which case the esclusive
property of the spouse who incurred such debts will Be
liable. However, if the exclusive property is insufficient,
payment will be considered as advances to be
deducted from share of debtor spouse. (Art. 94 (9)
of the Family Code)
Q: What is the rule on donating a community property by a
spouse?
A:
General Rule: A spouse cannot donate any
community property without the consent of the other.
Exception: Moderate donations for charity or on
occasion of family rejoicing or distress. (Art. 98)
Q: If a spouse abandons without just cause his family or fails to
comply with obligations to the family, what are the remedies
of the spouse present?
A: Petition the court for:
1. Receivership;
2. Judicial separation of property;
3. Authority to be the sole administrator
of the absolute community.
Q: When is there abandonment?
A: When a spouse leaves the conjugal dwelling without
intention of returning.
Note: 3 months disappearance without any information as to
the spouses whereabouts shall be prima facie presumption of
abandonment of the other spouse. (Art. 101, FC)
Q: May spouses sell property to each other?
A:
General Rule: No, such sale is considered void
Exceptions:
1. When a separation of property was agreed upon
in the marriage settlement;
2. When there has been a judicial separation of
 CIVIL LAW I REVIEWER
property under Articles 135 and 136 of FC (Art.
1490, NCC).
The proscription against the sale of property between spouses
under Art. 1490 applies even to common law relationships. In
an earlier ruling, the SC nullified a sale made by a husband in
favor of a concubine, after he had abandoned his family and left
the conjugal home where his wife and children lived, and from
whence they derived their support, for being contrary to morals
and public policy. The sale was regarded by the court as
subversive of the stability of the family, a basic social institution
which public policy cherishes and protects. (Ching v. CA, GR No.
165879, Nov. 10, 2006).
DISSOLUTION OF COMMUNITY REGIME
Q: How is the ACP terminated?
A:
1. Death of either spouse;
2. Legal separation;
3. Annulment;
4. Judicial separation of property during marriage.
LIQUIDATION OF THE ABSOLUTE COMMUNITY
ASSETS AND LIABILITIES
Q: What is the applicable procedure in case of dissolution of
ACP?
A:
1. Inventory of all properties;
2. Payment of community debts;
Note: First, pay out of the community assets. If not enough husband
and the wife are solidarily liable for the unpaid balance with their
separate properties.
3. Delivery to each spouse of his/her remaining exclusive
properties;
4. Equal division of net community assets unless there is:
a. An agreement for a different
proportion; or
b. A voluntary waiver of such share;
5. Delivery of the presumptive legitimes of the children
6. Adjudication of the conjugal dwelling and custody of
common children
Q: What is the applicable procedure in the dissolution of the
ACP in case the marriage is terminated by death?
A: Community property shall be liquidated in the same proceedi
ng for the settlement of the estate of the deceased.
If no judicial proceeding is instituted, the surviving spouse
shall, judicially or extrajudicially, liquidate the community
property within 6 months from the death of the deceased
spouse. (Art. 103)
Q: What if the surviving spouse failed to liquidate the
community property within 1 year from the death of the
deceased spouse contrary to Art. 103, FC?
A: Failure to do so would render any disposition or
encumbrance involving community property of the terminated
marriage void.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CONJUGAL PARTNERSHIP OF GAINS
41
1. GENERAL PROVISIONS
Q: What is the regime of CPG?
A: It is the property relation formed by the husband and
the wife by placing in a common fund:
1. the proceeds, product, fruits and income of their
separate properties;
2. those acquired by them through:
a. effort
b. chance
Q: When shall the conjugal partnership commence?
A: At the precise moment when the marriage ceremony is
celebrated.
Q: What law governs the conjugal partnership?
A: The rules on the contract of partnership in all that is not in
conflict with what is expressly determined in the Family Code
and by the spouses in their marriage settlements.
The regime of conjugal partnership of gains is a special type of
partnership, where the husband and wife place in a common fund the
proceeds, products, fruits and income from their separate properties
and those acquired by either or both spouses through their efforts or by
chance. (Homeowners Savings & Loan Bank vs. Dailo, 453 SCRA 283,
290 2005)
RULES GOVERNING CPG
COMMENCEMENT OF THE CPG
In this provision, net profits "shall be the increase in value between the
market value of the community property at the time of the celebration
of the marriage and the market value at the time of its dissolution.
(Prohibition on waiver of Rights, Interest, Shares and Effects Quiao vs.
Quiao G.R. NO. 176556 , July 4, 2012 675 SCRA 642)
All property of the marriage is presumed to belong to the conjugal
partnership, unless it be proved that it pertains exclusively to the
husband or to the wife. Registration in the name of the husband or the
wife alone does not destroy this presumption. (Dewara v. Lamela G.R.
NO. 179010, Apr. 11, 2011 647 SCRA 483)
In the case at bar, ownership over what was once a PHHC lot and
covered by the PHHC-Bonifacio Conditional Contract to Sell was only
transferred during the marriage of Bonifacio and Anita. Evidently, title to
the property in question only passed to Bonifacio after he had fully paid
the purchase price on June 22, 1970. (De Leon v. De Leon G.R. NO.
185063 , Jul. 23, 2009 593 SCRA 768)
EXCLUSIVE PROPERTY OF EACH SPOUSE
Consequently, as correctly held by the CA, Marilou acquired ownership
of the subject property. All rights and title of the judgment obligor are
transferred upon the expiration of the right of redemption. And where
the redemption is made under a property regime governed by the
conjugal partnership of gains, Article 109 of the Family Code provides
that property acquired by right of redemption is the exclusive property
of the spouses redeeming the property. (Villegas v. Lingan G.R. NO.
153839 , Jun. 29, 2007 526 SCRA 63)
Q: What are the exclusive properties of the spouses?
A:
1. Those brought into the marriage as his/her own;
Note: A property purchased before the marriage and fully paid during
the marriage remains to be a separate property of either spouse.
(Lorenzo v. Nicolas, L4085, July 30, 1952)
 CIVIL LAW I REVIEWER
2. Those acquired during the marriage by gratuitous title;
3. Those acquired by right of redemption, barter or exchange
with exclusive property;
4. That purchased with exclusive money of either spouse.
Note: The controlling factor is the source of the money used, or the
money promised to be paid. (Rivera v. Bartolome, C.A., 40 O.G. 2090)
Q: What are the rules in cases of improvement of exclusive
property?
A:
1. Reverse accession If the cost of the improvement
and the additional value is more than the value of the
principal property at the time of the improvement, the
property becomes conjugal.
2. Accession If the cost of the improvement and the
additional value
is equal to or less than the value of the principal
property, the entire property becomes the exclusive
property of the spouses.
Presumption in Favor of Conjugality
For the presumption to apply, it is not even necessary to prove that the
property was acquired with funds of the partnership. In fact, even when
the manner in which the property was acquired does not appear, the
presumption applies and it will be considered conjugal property. (Tan
vs. CA, 273 SCRA 229, 236 1997)
The party who invokes it must first prove that the property was
acquired during the marriage. Proof of acquisition during the coverture
is a condition sine qua non to the operation of the presumption in favor
of the conjugal partnership. (Imani v. MBTC, G.R. NO.187023,Nov. 17,
2010 635 SCRA 357)
The words "married to" were merely descriptive of Petra Unating's
status at the time the lot was awarded and registered in her name.
Since Petra Unating did not leave any other property, will or debt upon
her demise in 1948, the property in question was thus inherited by her
children, Felix and Catalina Villar; and her husband, Aquilino Villar.
(Pisuea vs. Heirs of Petra Unating, G.R. NO. 132803 , Aug. 31, 1999
313 SCRA 384)
Q: What constitutes CPG?
A:
1. Those acquired during the marriage with conjugal funds;
2. Those obtained from labor, industry, work or profession of
either or both spouse;
3. Fruits of conjugal property due or received during the
marriage and net fruits of separate property;
4. Share of either spouse in hidden treasure;
5. Those acquired through occupation such as hunting or
fishing;
6. Livestock in excess of what was brought to the marriage;
7. Those acquired by chance such as winnings in gamblings
and bettings.
Q: What are the rules if a property is bought on installments pai
d partly from the exclusive funds of the spouses and partly from
conjugal funds?
A:
1. If full ownership was vested before the marriage it
shall belong to the buyer spouse.
2. If full ownership was vested during the marriage it
shall belong to the conjugal partnership.
Recovery is not warranted. The rule is all property of the
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
marriage is presumed to
be conjugal in nature. However, for this presumption to ap 42
ply, the party who invokes it must first prove that it was
acquired during the marriage. Here, Dolores's evidence
consisted of her marriage contract and the initial tax
declaration over the property. She did not identify when
she and her husband first occupied and possessed the land.
Neither did she present any witness to prove that they first
occupied the property during their marriage and that they
both, worked on the land. (PintianoAnno v. Anno, G.R. No.
163743, Jan. 27, 2006)
Since Josefina failed to prove that she acquired the properties
with her personal funds before her cohabitation
with Eduardo, it should be presumed and considered as
belonging to the conjugal partnership. Art. 105 of the FC,
which provides that the Code shall apply to conjugal
partnerships established before it took effect, without prejudice
to vested rights already acquired under the New Civil Code or
other laws, applies in this case. There was no evidence adduced
by Josefina showing that she had acquired a vested right in this
regard. Thus, as it appears that the properties were acquired
during the subsistence of the marriage of Josefina and Eduardo,
under normal circumstances, the same should be presumed to
be conjugal property. (Francisco v. Master Iron Works
Construction Corp., G.R. No. 151967. Feb. 16, 2005)
CHARGES UPON AND OBLIGATIONS OF THE CPG
Q: What are the charges upon the CPG?
A:
1. Support of the spouses, their common and the legitimate
children of either spouse;
2. Debts and obligations contracted by one without the
consent of the other to
the extent that the family benefited;
3. Debts and obligations contracted during the marriage by an
administrator spouse, both spouses or one with the
consent of the other;
4. Taxes, liens, charges, expenses upon conjugal property;
5. Taxes and expenses for mere preservation of separate
property;
6. Expenses for professional, vocational or selfimprovement
courses of either spouse;
7. Antenuptial debts to the extent the family has been
benefited;
8. Value of what is donated or promised to common
legitimate children for professional, vocation or self-
improvement courses;
9. Expenses of litigation.
A creditor cannot sue the surviving spouse of a decedent in an ordinary
proceeding for the collection of a sum of money chargeable against the
conjugal partnership and that the proper remedy is for him to file a
claim in the settlement of estate of the decedent. (Alipio vs. Court of
Appeals, G.R. NO. 134100, Sept. 29, 2000)
The burden of proof that the debt was contracted for the benefit of the
conjugal partnership of gains lies with the creditor-party litigant claiming
as such. (Homeowners Savings & Loan Bank vs. Dailo, 453 SCRA 283
2005)
Where the husband contracts obligations on behalf of the family
business, the law presumes, and rightly so, that such obligation will
redound to the benefit of the conjugal partnership. (Ayala Investment &
Development Corp. vs. Court of Appeals, 286 SCRA 272 1998)
 CIVIL LAW I REVIEWER
The barefaced fact that the shares of stocks were registered in the
corporate books of Citycorp Investment Philippines solely in the name of
the petitioner-husband does not constitute proof that the petitioner-
husband, not the conjugal partnership, owned the same. (Ching vs. CA,
G.R. NO. 124642 , Feb. 23, 2004 423 SCRA 356)
On the same principle, acknowledgement of the loan made by
Defendant-wife binds the conjugal partnership since its prceeds
redounded to the benefit of the family. Hence, defendant-husband and
defendant-wife are jointly and severally liable in the payment of the
loan. (Carlos vs. Abelardo, G.R. NO. 146504, Apr. 09, 2002 380 SCRA
361)
To hold the conjugal partnership liable for an obligation pertaining to
the husband alone defeats the objective of the Civil Code to protect the
solidarity and well being of the family as a unit. The underlying concern
of the law is the conservation of the conjugal partnership. Hence, it
limits the liability of the conjugal partnership only to debts and
obligations contracted by the husband for the benefit of the conjugal
partnership. (SBTC v. Mar Tierra Corp., G.R. NO. 143382 , Nov. 29,
2006 508 SCRA 419)
It is enough that the benefit to the family is apparent at the signing of
the contract. From the very nature of the contract of loan or services,
the family stands to benefit from the loan facility or services to be
rendered to the business or profession of the husband. (Ros v. PNB
Laoag Br., G.R. NO.170166, Apr. 06, 2011 647 SCRA 334)
Contrary to Efrens contention, Article 121 above allows payment of the
criminal indemnities imposed on his wife, Melecia, out of the partnership
assets even before these are liquidated. Indeed, it states that such
indemnities "may be enforced against the partnership assets after the
responsibilities enumerated in the preceding article have been covered."
No prior liquidation of those assets is required. (Pana v. Heirs of Jose
Juanite G.R. NO. 164201,Dec. 10, 2012 687 SCRA 414)
ADMINISTRATION OF THE CPG
Note: Prescriptive period for recourse is 5 years from
the date of the contract implementing such decision.
DISSOLUTION OF CPG REGIME
Q: How is the conjugal partnership terminated?
A:
1. Death of either spouse;
2. Legal separation;
3. Annulment;
4. Judicial separation of property during
marriage.
Termination of Conjugal Property Regime does not ipso facto End the
Nature of Conjugal Ownership. While the declared nullity of marriage of
Nicholson and Florencia severed their marital bond and dissolved the
conjugal partnership, the character of the properties acquired before
such declaration continues to subsist as conjugal properties until and
after the liquidation and partition of the partnership. (MBTC v. Pascual,
G.R. NO. 163744, Feb. 29, 2008 547 SCRA 246)
The trial court erred in ordering that a decree of absolute nullity of
marriage shall be issued only after liquidation, partition and distribution
of the parties properties under Article 147 of the Family Code. The
ruling has no basis because Section 19(1) of the Rule does not apply to
cases governed under Articles 147 and 148 of the Family Code. (Dio v.
Dio, G.R. NO. 178044, Jan. 19, 2011 640 SCRA 178)
Extrajudicial dissolution of the conjugal partnership without judicial
approval is void. The Court has also ruled that a notary public should
not facilitate the disintegration of a marriage and the family by
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
encouraging the separation of the spouses and extrajudicially dissolving
the conjugal partnership, which is exactly what Omaa did in this case.
The "Kasunduan Ng Paghihiwalay" has no legal effect and is against
43
public policy. (Espinosa v. Omaa, AC. 9081, Oct 12, 2011 659 SCRA 1)
LIQUIDATION OF THE CONJUGAL PARTNERSHIP
ASSETS AND LIABILITIES
Q: What are the steps in the liquidation of the CPG?
A:
1. Inventory of all the properties;
2. Restitution of advances made to each of the spouses;
3. Reimbursement for use of exclusive funds;
4. Debts and obligations of the CP are paid;
5. Delivery of exclusive properties;
6. Payment of losses and deterioration of movables
belonging to each of the spouses;
7. Division of the net conjugal partnership;
8. Delivery of the childrens presumptive legitimes;
9. Adjudication of conjugal dwelling and
custody of children.
Q: Upon termination of the marriage by death, how shall the
community property be liquidated?
A: The community property shall be liquidated in the same
proceeding for the settlement of the estate of the deceased
spouse.
Q: In the absence of a judicial settlement proceeding, how shall
the community property be liquidated?
A: The surviving spouse shall liquidate the community property
either, judicially or extra-judicially within one year from the
death of the deceased spouse.
Q: What are the effects if the community property is not
liquidated?
A:
1. Any disposition or encumbrance made by the
surviving spouse involving community property of the
terminated marriage shall be void.
2. Should the surviving spouse contract a subsequent
marriage a mandatory regime of complete separation
of property shall govern the property relations of the
subsequent marriage.
We hold that the general rule does not apply to the instant case
considering that the parties are all heirs of Joaquin and that no rights of
third parties will be impaired by the resolution of the ownership issue.
More importantly, the determination of whether the subject properties
are conjugal is but collateral to the probate courts jurisdiction to settle
the estate of Joaquin. (Agtarap v. Agtarap, G.R. NO. 177099, Jun. 8,
2011 651 SCRA 455)
There being no dispute that Protacio, Sr. and Marta were married prior
to the effectivity of the Family Code on August 3, 1988, their property
relation was properly characterized as one of conjugal partnership
governed by the Civil Code. Upon Martas death in 1987, the conjugal
partnership was dissolved, pursuant to Article 175 (1) of the Civil Code,
and an implied ordinary co-ownership ensued among Protacio, Sr. and
the other heirs of Marta with respect to her share in the assets of the
conjugal partnership pending a liquidation following its liquidation. (Go
v. Servacio, G.R. NO. 157537, Sept. 7, 2011 657 SCRA 10)
 CIVIL LAW I REVIEWER
Administration of the Conjugal Partnership Property (Cases)
A husband may sell property belonging to the conjugal partnership even
without the consent of the wife if the sale is necessary to answer for a
big conjugal liability which might endanger the familys economic
standing.
This is one instance where the wifes consent is not required and,
impliedly, no judicial intervention is necessary. (Tinitigan vs. Tinitigan,
Sr., NO. L- 45418, October 30, 1980, 100 SCRA 619)
Under the Civil Code, the encumbrance or alienation of a conjugal real
property by the husband absent the wifes consent, is voidable and not
void. (Spouses Guiang vs. Court of Appeals, G.R. No. 125172. June 26,
1998)
The joinder of the wife, although unnecessary for an oral lease of
conjugal realty which does not exceed one year in duration, is required
in a lease of conjugal realty for a period of more than one year, such a
lease being considered a conveyance and encumbrance within the
provisions of the Civil Code requiring the joinder of the wife in the
instrument by which real property is conveyed or encumbered. (Roxas
vs. CA G.R. NO. 92245, Jun. 26, 1991 198 SCRA 541)
The sale of a conjugal property requires the consent of both the
husband and the wife. The absence of the consent of one renders the
sale null and void, while the vitiation thereof makes it merely voidable.
Only in the latter case can ratification cure the defect. (Guiang vs. CA,
G.R. NO. 125172, Jun. 26, 1998 291 SCRA 372)
Respondent Norma Camaisa admittedly did not give her written consent
to the sale. Even G.R.anting that respondent Norma actively participated
in negotiating for the sale of the subject properties, which she denied,
her written consent to the sale is required by law for its validity.
Significantly, petitioner herself admits that Norma refused to sign the
contracts to sell. (Jader-Manalo vs. Camaisa, G.R. NO. 147978, Jan. 23,
2002 374 SCRA 498)
Rules under the Family Code
In regular manner, the rules on summary judicial proceedings under the
Family Code govern the proceedings under Article 124 of the Family
Code. The situation contemplated is one where the spouse is absent, or
separated in fact or has abandoned the other or consent is withheld or
cannot be obtained. Such rules do not apply to cases where the non-
consenting spouse is incapacitated or incompetent to give consent. In
this case, the trial court found that the subject spouse "is an
incompetent" who was in comatose. (Uy vs. CA, G.R. NO. 10955, Nov.
29, 2000 346 SCRA 246)
carried that of her husband; Renato witnessed the fact that Leonila
contributed her hard earned savings in the amount of P36,000.00 to
complete their share in the purchase price of the properties in question
44
in the total amount of P180,000.00. (De la Cruz v. Segovia, G.R. NO.
149801, Jun. 26, 2008 555 SCRA 453)
Improvement on Separate Property; Determination of
Ownership
The obligation to reimburse rests on the spouse upon whom ownership
of the entire property is vested. There is no obligation on the part of the
purchaser of the property, in case the property is sold by the owner-
spouse. (Ferrer v. Ferrer, G.R. NO.166496 , Nov. 29, 2006 508 SCRA
570)
F. SEPARATION OF PROPERTY OF THE SPOUSES AND
ADMINISTRATION OF COMMON PROPERTY BY ONE
SPOUSE DURING THE MARRIAGE
Q: In what ways can there be judicial separation of property?
A: Judicial separation of property may either be voluntary or
for sufficient cause.
Q: What are the sufficient causes for judicial separation of
property?
A:
1. Civil interdiction of the spouse of petitioner;
2. Judicial declaration of absence;
3. Loss of parental authority as decreed by the court;
4.Abandonment or failure to comply with family
obligation;
5. Administrator spouse has abused authority;
6. Separation in fact for one year and reconciliation is
highly improbable.
Q: What are the effects of judicial separation of property betwe
en spouses?
A:
1. The absolute community or conjugal partnership is
dissolved;
2. The liability of the spouses to creditors shall be
solidary with their separate properties;
3. Mutual obligation to support each other continues;
EXCEPTION: When there is legal separation
4. Rights previously acquired by creditors are not
prejudiced.

Just like the rule in absolute community of property, if the husband, REGIME OF SEPARATION OF PROPERTY
without knowledge and consent of the wife, sells conjugal property,
such sale is void. If the sale was with the knowledge but without the Q: What governs the regime of separation of property?
approval of the wife, thereby resulting in a disagreement, such sale is A:
annullable at the instance of the wife who is given five (5) years from 1. Marriage settlement
the date the contract implementing the decision of the husband to 2. Family Code in suppletory character.
institute the case. (Ravina v. Villa Abrille G.R. NO. 160708, Oct. 16,
2009 604 SCRA 120) Q: What are the kinds of separation of property?
A:
While Florindas husband did not affix his signature to the above- 1. As to extent:
mentioned Agreement, we find no ground to disturb the uniform a. Total
findings of the trial court and appellate court that Renato, by his b. Partial In this case, the property not
actuations, agreed and gave his conformity to the Agreement. As found agreed upon as separate shall pertain to
by the courts below, Renatos consent to the Agreement was drawn the absolute community.
from the fact that he was present at the time it was signed by the
sisters and their witnesses; he had knowledge of the Agreement as it 2. As to kinds of property:
was presented to him for his signature, although he did not sign the a. Present property
same because his wife Florinda insisted that her signature already b. Future property
c. Both present and future property

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
Q: What are the rights of the spouses under the regime of
separation of property? PROPERTY REGIME OF UNIONS WITHOUT MARRIAGE 45
A:
1. Each spouse shall administer, dispose of, own, Art. 147 Art. 148
possess, and enjoy his or her Applicability
own separate property, without need of 1. No legal impediment Presence of legal impediment:
the consent of the other. 2. Void marriage on the 1. Adulterous relationships
ground of psychological 2. Bigamous/ polygamous marriages
2.Each spouse shall own all earnings from his or her
incapacity 3. Incestuous void marriages under
profession, business and industry and all fruits, Art 37
natural, industrial or civil, due or received during the 4. Void marriages by reason of public
marriage from his or her separate property. policy (Art. 38)
Salaries and Wages
Q: What are the liabilities for family expenses of the spouses Owned in equal shares Separately owned by the parties.
under the regime of separation of property?
A: If any is married, his/her salary
General Rule: Both spouses shall bear the family pertains to the CPG of the legitimate
marriage.
expenses in proportion to their income.
Property exclusively acquired
Belongs to party upon Belongs to such party
Exception: In case of insufficiency or default proof of acquisition
thereof, to the current market value of their separate through exclusive funds
properties.Spouses shall be solidarily liable to creditors Property acquired by both through their work or industry
for family expenses. Governed by rules of Owned in common in proportion to
coownership their
Separation of the spouses and administration of common Presumption
property by one spouse during the marriage (Art 134-142) Property acquired while No presumption of joint acquisition.
living together presumed
Under Article 143 of the Family Code, separation of property may be obtained by their joint Actual joint contribution of money,
effected voluntarily or for sufficient cause, subject to judicial approval. efforts, work or industry property or industry shall be owned by
The questioned Compromise Agreement which was judicially approved and owned by them in them in common proportion.
equal shares.
is exactly such a separation of property allowed under the law.
However, their contributions are
(Maquilan v. Maquilan, G.R. NO. 155409, Jun. 08, 2007 524 SCRA 166) If one party did not presumed equal, in the absence of
participate in acquisition: proof to the contrary.
presumed to have
PROPERTY REGIMES OF UNIONS WITHOUT MARRIAGE contributed through care
(Articles 147-148) and maintenance of
family and household
Whether or not, Articles 50, 51 and 52 in relation to Articles 102 and (Buenaventura v.
129 of the Family Code govern the disposition of the family dwelling in Buenaventura, G.R. No.
cases where a marriage is declared void ab initio, including a marriage 127358, Mar. 31, 2005)
declared void by reason of the psychological incapacity of the spouses.
Forfeiture
When only one is in GF, Shall accrue to the ACP or CPG
The rules set up to govern the liquidation of either the absolute
share of party in BF in the existing in the marriage.
community or the conjugal partnership of gains, the property regimes co-ownership be forfeited
recognized for valid and voidable marriages (in the latter case until the in favour of: If the party who acted in BF is not
contract is annulled), are irrelevant to the liquidation of the co- validly married to another or
ownership that exists between common-law spouses. (Valdes vs. RTC 1. their common children if both parties are in BF, such share
Br. 102, QC G.R. NO. 122749, Jul. 31, 1996 260 SCRA 221) 2. innocent party in be forfeited in manner provided in last
default of waiver by par. of Art. 147
The Family Code, in addition to providing that a co-ownership exists
any/all common children,
between a man and a woman who live together as husband and wife
or by their descendants
without the benefit of marriage, likewise provides that, if the parties are Proof of actual contribution
incapacitated to marry each other, properties acquired by them through Not necessary Necessary
their joint contribution of money, property or industry shall be owned by
them in common in proportion to their contributions which, in the Note: For as long as it is proven that property was acquired during
absence of proof to the contrary, is presumed to be equal. (Mallilin, Jr. marriage, the presumption of conjugality will attach regardless in whose
vs. Castillo, G.R. NO. 136803, Jun. 16, 2000 333 SCRA 628) name the property is registered. (Agapay v. Palang, G.R. No. 116726,
July 28, 1997)
Petitioners marriage to respondent was declared void under Article 36
The presumption is not rebutted by the mere fact that the certificate of
of the Family Code and not under Article 40 or 45. Thus, what governs title of the property or the tax declaration is in the name of one of the
the liquidation of properties owned in common by petitioner and spouses. (Villanueva v. CA, G.R. No. 143286, Apr. 14, 2004)
respondentare the rules on co-ownership. In Valdes, the Court ruled
that the property relations of parties in a void marriage during the Under Art. 148, only the properties acquired by both parties through
period of cohabitation is governed either by Article 147 or Article 148 of their actual joint contribution of money property or industry shall be
the Family Code. The rules on co-ownership apply and the properties of owned by them in proportion to their respective contributions.
the spouses should be liquidated in accordance with the Civil Code
Q: What property relation governs in case marriage is declared
provisions on co-ownership. Under Article 496 of the Civil Code,
null and void on the ground of psychological incapacity?
partition may be made by aG.R.eement between the parties or by
A: The property relation between the parties is governed by Art.
judicial proceedings. It is not necessary to liquidate the properties of the
147 of the FC. Under this property regime, property acquired by
spouses in the same proceeding for declaration of nullity of marriage.
both spouses through their work and industry shall be governed
(Dio v. Dio, G.R. NO. 178044, Jan. 19, 2011 640 SCRA 178)
by the rules on equal co-ownership. Any property acquired
during the union is prima facie presumed to have been obtained

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
through their joint efforts. A party who did not participate in the
acquisition of the property shall still be considered as having
contributed thereto jointly if said party's "efforts consisted in the
care and maintenance of the family household." Unlike the
conjugal partnership of gains, the fruits of the couple's separate
property are not included in the coownership.
Petitioner failed to adduce preponderance of evidence that she
contributed money, property or industry in the acquisition of the
subject property and, hence,is not a coowner of the property.
Since the subject
property was acquired during the subsistence of the first
marriage of Eduardo, under normal circumstances, the same
should be presumed to be conjugal property of Eduardo and
Josefina. (Francisco v. Master Iron Works Construction Corp.,
G.R. No. 151967. Feb. 16, 2005)
Under Art. 147, in the absence of proof to the contrary, any property
acquired by commonlaw spouses during their cohabitation is presumed
to have been obtained thru their joint efforts and is owned by them in
equal shares. Their property relationship in such a case is essentially
governed by the rules on co-ownership. Thus, Romeo cannot seek the
ejectment of Juliet therefrom. As a coowner, she is as much entitled to
enjoy its possession and ownership as him. (Abing
v. CA,G.R. No. 146294, Jul. 31, 2006)
Art. 147 of the Family Code provides in part that when aman and a
woman who are capacitated to marry each other, live exclusively with
each other as husband and wife without the benefit of marriage or
under a void marriage, their wages and salaries shall be owned by them
in equal shares and the property acquired by both of them through their
work or industry shall be governed by the rules of coownership. In the
absence of proof to the contrary, properties acquired while they lived
together shall be presumed to have been obtained by their joint efforts,
worker industry, and shall be owned by them in equal shares. A party
who did not participate in the acquisition by the other party of any
property shall be deemed to have contributed jointly in the acquisition
thereof if the former's efforts consisted in the care and maintenance of 46
the family and of the household.
A careful perusal of the contents of the so-called Partition AG.R.eement
indicates that the document involves matters which necessitate prior
settlement of questions of law, basic of which is a determination as to
whether the parties have the right to freely divide among themselves
the subject properties. Moreover, to follow petitioners argument would
be to allow respondent not only to admit against his own interest but
that of his legal spouse as well, who may also be lawfully entitled co-
ownership over the said properties. (Lacbayan v. Samoy, G.R. NO.
165427, Mar. 21, 2011 645 SCRA 677)
As to the property regime of petitioner Susan Nicdao and the deceased,
Article 147 of the Family Code governs. This article applies to unions of
parties who are legally capacitated and not barred by any impediment
to contract marriage, but whose marriage is nonetheless void for other
reasons, like the absence of a marriage license. (Cario v. Cario, G.R.
NO. 132529, Feb. 02, 2001 351 SCRA 127)
In the instant case, respondent would qualify as an interested person
who has a direct interest in the estate of Felicisimo by virtue of their
cohabitation, the existence of which was not denied by petitioners. If
she proves the validity of the divorce and Felicisimos capacity to
remarry, but fails to prove that her marriage with him was validly
performed under the laws of the U.S.A., then she may be considered as
a co-owner under Article 144 76 of the Civil Code (San Luis v. San Luis
G.R. NO. 133743, Feb. 06, 2007 514 SCRA 294)

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
THE FAMILY
THE FAMILY AS AN INSTITUTION
Q: What is included in family relations?
A:
1. Between husband and wife
2. Between parents and children
3. Among other ascendants and descendants
4. Among brothers and sisters, whether of the full or
half blood.
Q: What governs family relations?
A: The law.
Q: What are the requisites before a suit between members of
the same family may prosper?
A:
1. Earnest efforts toward a compromise
have been made;
2. Such efforts failed;
3. The fact that earnest efforts toward a compromise
have been made but the
same have failed appears in the verified
complaint or petition
Q: In a complaint filed by Manolo against his brother, Rodolfo, it
was alleged that the case "xxx passed through the Barangay and
no settlement was forged between the plaintiffs and
defendant as a result of which Certification to File Action was
issued xxx". Rodolfo moved to dismiss for failure to comply with
a condition precedent that earnest efforts for an amicable
settlement among the parties had been exerted but that none
was reached. Decide.
Q: A complaint for damages was filed against Hinahon in 1986
when she incurred liabilities as early as 1977, which action
prospered in 1989. The house and lot that she owned was
levied upon and sold at auction. She assails the levy
A: The case will prosper. There was in fact substantial
compliance with Art. 151 of the Family Code since the spouses
alleged in the complaint for ejectment that the case "xxx passed
through the Barangay and no settlement was forged
between the plaintiffs and defendant as a result of which
Certification to File Action was issued by Barangay 97, Zone 8,
District I, Tondo, Manila xxx". It bears stressing that under
Sec. 412 (a) of R.A. 7160, no complaint involving any matter
within the authority of the Lupon shall be instituted or filed
directly in court for adjudication unless there has been a
confrontation between the parties and no settlement was
reached. Moreover, the phrase "members of the same family"
found in Art. 151 of the Family Code must be construed in
relation to Art. 150 thereof. (Martinez, et al. v. Martinez, G.R. No.
162084. Jun. 28, 2005)
Note: A sisterinlaw or a brotherinlaw is not covered by these two
provisions. Being an exception to the general rule, Art. 151 must be
strictly construed. (Gayon v. Gayon, G.R. No.L28394, Nov. 26, 1970)
Our family law is based on the policy that marriage is not a mere contract
but a social institution in which the state is vitally interested. (Tuason vs.
CA, 256 SCRA 158 1996)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
47
Religious relationship and relationship by affinity are not given any legal
effect in this jurisdiction. Consequently, private respondent Ayson, who is
described in the complaint as the spouse of respondent Hontiveros, and
petitioner Maria Hontiveros, who is admittedly the spouse of petitioner
Augusto Hontiveros, are considered strangers to the Hontiveros family,
for purposes of Art. 151. (Hontiveros vs. RTC Iloilo City, G.R. NO.
125465, Jun. 29, 1999 309 SCRA 340)
The enumeration of "brothers and sisters" as member of the same family
does not comprehend "sisters-in-law." In that case, then Chief Justice
Concepcion emphasized that "sisters-in-law" (hence, also "brother-in-
law") are not listed under Art. 217 of the New Civil Code as members of
the same family. (Gayon v. Gayon, 36 SCRA 104 1970)
Efforts to compromis are not a jurisdictional prerequisite for the
maintenance of an action whenever a stranger to the family is a party
thereto, whether as necessary or indispensable one. (Magbaleta vs.
Gonong, 76 SCRA 511)
Indeed, "there is no affinity between the blood relatives of one spouse
and the blood relatives of the other. A husband is related by affinity to
his wifes brother, but not to the wife of his wifes brother. There is no
affinity between the husbands brother and the wifes sister; this is called
affinitas affinitatis." (Tiggangay v. Wacas, AM OCA 09-3243, April 1, 2013
694 SCRA 264)
THE FAMILY HOME
Q: What is meant by family home and how is it constituted?
A: It is the dwelling house where the husband and wife and their
family reside, and the land on which it is situated; it is
constituted jointly by the husband and the wife or by an unmarri
edhead of a family.
Q: Can FH be constituted on a house constructed on a land
belonging to another?
A: No.
Reason: The land where the house is erected is an
integral part of the home and the home should be
permanent in character.
Note: A house constructed on rented land or by tolerance of the owner
is not a permanent improvement on the land and the home will thus be
temporary.
Q: What are the exceptions to the rule that the FH is exempt
from execution, forced sale or attachment?
A:
1. Debts due to Laborers, mechanics, architects, builders,
material men and others who rendered service or
furnished materials for the constitution of the building;
2. Nonpayment of Taxes;
3. Debts incurred Prior to constitution;
4. Debts secured by Mortgages on the family home.
Note: Exemption is limited to the value allowed in the FC
and sale on the ground that it was her family home and
therefore exempt from execution. Decide.
A: It is not exempt. Under Art. 155 of the FC, the family home
shall be exempt from execution, forced sale, or attachment
except for, among other things, debts incurred prior to the
constitution of the family home. In the case at bar, the house
and lot was not constituted as a family home, whether judicially
or extrajudicially, at the time that the debtor incurred her debts.
 CIVIL LAW I REVIEWER
Under prevailing jurisprudence, it is deemed constituted as such
by operation of law only upon
the effectivity of the Family Code on August 3, 1988, thus, the
debts were incurred before the constitution of the family home.
(GomezSalcedo, et al. v. Sta. Ines, et al.,G.R. No. 132537, Oct.
14, 2005)
Q: What are the guidelines in the constitution of the family home
?
A:
1. FH is deemed constituted from the time of Actual occupation
as a family residence;
2. Only 1 FH may be constituted;
3. Must be Owned by the person constituting it;
4. Must be Permanent;
5. Same rule applies to both valid and voidable marriages and
even to common law spouses; (Arts. 147 and 148)
6. It Continues despite death of one or both spouses or an
unmarried head of the family for 10 years or as long as
there is a minor beneficiary.
Q: Who are the beneficiaries of a FH?
A:
1. Husband and wife, or unmarried head of the family
2. Parents (may include parentsinlaw), ascendants, brothers
and sisters (legitimate or illegitimate) living in the FH and
dependent on the head of the family for support
Q: What are the requisites in the sale, alienation, donation,
assignment or encumbrance of the FH?
A: The following must give their written consent:
1. The person who constituted the FH;
2. The spouse of the person who constituted the FH;
3. Majority of the beneficiaries of legal age.
Note: In case of conflict, court shall decide.
Q: What are the requisites for the creditor to avail of the
right to execute?
A:
1. He must be a judgment creditor;
2. His claim must not be among those excepted under
Art. 155;
3. He has reasonable grounds to believe that the family
home is worth more than the maximum amount fixed
in Art. 157.
Q: What is the procedure in exercising the right to execute?
A:
1. Creditor must file a motion in the court proceeding
where he obtained a favorable judgment for a writ of
execution against the FH;
2. There will be a hearing on the motion
where the creditor must prove that the actual value of
the FH exceeds the maximum amount fixed by the
Family Code, either at the time of its constitution or as a
result of improvements introduced after its constitution;
3. If the creditor proves that the actual
value exceeds the maximum amout, the court will order
its sale in execution;
4. If the family home is sold for more than the value
allowed, the proceeds shall be applied as follows:
a. The obligations enumerated in Art.
155 must be paid
b. The judgment in favor of the creditor will be
paid, plus all the costs of execution
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
The excess, if any, shall be delivered to the judgment debtor
(Art. 160, Family Code). 48
Family home is a real right, which is gratuitous, inalienable and free from
attachment, constituted over the dwelling place and the land on which it
is situated, which confers upon a particular family the right to enjoy such
properties, which must remain with the person constituting it and his
heirs. (Taneo, Jr. vs. CA, CA, 304 SCRA 308)
By the very definition of the law that the family home is the dwelling
house where a person and his family resides and the land on which it is
situated, it is understood that the house should be constructed on a land
not belonging to another. (Taneo vs. Court of Appeals, G.R. NO. 108562,
Mar. 09, 1999 304 SCRA 308)
Furthermore, Articles 152 and 153 specifically extend the scope of the
family home not just to the dwelling structure in which the family resides
but also to the lot on which it stands. Thus, applying these concepts, the
subject house as well as the specific portion of the subject land on which
it stands are deemed constituted as a family home by the deceased and
petitioner Vilma from the moment they began occupying the same as a
family residence 20 years back. (Arriola v. Arriola, G.R. NO. 177703, Jan.
28, 2008 542 SCRA 666)
There is no need to constitute the same judicially or extrajudicially as
required in the Civil Code. If the family actually resides in the premises, it
is, therefore, a family home as contemplated by law (Modequillo vs.
Breva, G.R. No. 86355, May 31, 1990.)
Three requisites must concur before a minor beneficiary is entitled to the
benefits of Art. 159: (1) the relationship enumerated in Art. 154 of the
Family Code; (2) they live in the family home, and (3) they are
dependent for legal support upon the head of the family. (Patricio vs.
Dario, G.R. NO. 170829, November 20, 2006)
The family home must be established on the properties of (a) the
absolute community, or (b) the conjugal partnership, or (c) the exclusive
property of either spouse with the consent of the other. It cannot be
established on property held in co-ownership with third persons.
However, it can be established partly on community property, or conjugal
property and partly on the exclusive property of either spouse with the
consent of the latter. (Cabang v. Basay, G.R. NO. 180587, Mar. 20, 2009
582 SCRA 172)
The family homes exemption from execution must be set up and proved
to the Sheriff before the sale of the property at public auction. The
petitioners now are barred from raising the same. Failure to do so estop
them from later claiming the said exemption. (Olivia De Mesa v. Acero,
G.R. NO. 185064 Jan. 16, 2012 663 SCRA 40)
Articles 152 and 153 of the Family Code do not have a retroactive effect
such that all existing family residences are deemed to have been
constituted as family homes at the time of their occupation prior to the
effectivity of the Family Code and are exempt from execution for the
payment of obligations incurred before the effectivity of the Family Code.
(Manacop vs. CA, 277 SCRA 57 1997)
 CIVIL LAW I REVIEWER

PATERNITY AND FILIATION 49

Q: To what do paternity and filiation refer to? While it goes against the policy of law to lean in favor of
A: Paternity and filiation refer to the relationship existing legitimacy, this interpretation is better than the anomalous
between parent and child. situation created by Art. 169, which is a child without a status.
Note: Filiation may be by nature or adoption. Filiation may be (Tolentino)
legitimate or illegitimate.
Action To Impugn Legitimacy Vs Action To Claim
Q: What are the classifications of filiation? Legitimacy
A: Kinds of Filiation (Arts. 163, 164, 165, FC):
1. Natural ACTION TO IMPUGN ACTION TO CLAIM
a. Legitimate LEGITIMACY LEGITIMACY
b. Illegitimate Remedy
2. Legal Fiction (Adoption) Action to impugn legitimacy or Action to claim legitimacy
illegitimacy (compulsory recognition)
Real party in interest
LEGITIMATE CHILDREN General Rule: Husband General Rule: Child
Exceptions: Heirs, in cases Exceptions: Heirs of the
Q: Who are Legitimate Children? where: child, in cases where:
1. Husband died before the 1. Child died in state of
A: Those conceived or born during the marriage of parents either
expiration of the period for insanity
by natural means or by artificial insemination (Art. 164, FC) bringing the action; 2. Child died during minority
2. Husband died after filing the
Q: Who are Natural/Biological Children? complaint, without having Note: Must be filed within 5
A: A child conceived or born during a valid marriage is presumed desisted; years.
to belong to that marriage, regardless of the existence of 3. Child was born after the
extramarital relationships. (Liyao v. Liyao, 2002) death of husband.

Q: When is a child conceived by artificial insemination considered Prescription

legitimate?
A: The following conditions must be present:
1. The artificial insemination is made on the wife, not
on another woman;
2. The artificial insemination on the wife is done with
the sperm of the husband or of a donor, or both the
husband and a donor;
3. Artificial insemination has been authorized or
ratified by the spouse on a written instrument
executed and signed by them before the birth of the
child; and
4. The written instrument is recorded in the civil
registry together with the birth certificate of the child.
Note: Dual consent is required whether the semen used comes from the
husband or a third person donor.
Q: What is the rule on status of child where the mother
contracted another marriage within 300 days after termination of
the former?
A: The child shall be considered as conceived during the:
1. Former marriage if child is born:
a. Before 180 days after the solemnization of
the subsequent marriage, provided it is born
b. Within 300 days after termination of
former marriage
2. Subsequent marriage if a child born:
a. 180 days after the celebration of the
subsequent marriage;
b. even though it be born within 300 days
after the termination of the former marriage.
The legitimacy or illegitimacy of a child born after 300 days
following the termination of the marriageburden of proof upon
whoever alleges the status. (Art. 169, FC)
If nobody asserts the legitimacy or illegitimacy of the child
described in Art. 169, the child should be considered illegitimate
unless legitimacy is proved. Legitimacy cannot be presumed here
since the birth was beyond the 300-day period of gestation.
1 year husband reside in the General Rule: During the
same municipality or city where lifetime of the child
birth took place Exception: Lifetime of the
2 years husband reside NOT putative father
in the same municipality or city In cases where the action is
3 years husband is living for the recognition of
abroad illegitimate child by open
and continuous possession
of the status.
Q: What are the grounds to impugn legitimacy of the child?
A:
1. Physical impossibility for the husband to have sexual
intercourse with his wife within the first 120 days of the 300 days
which immediately preceded the birth of the child because of:
a. Physical incapacity of the husband to have
sexual intercourse with his wife,
b. The fact that the husband and wife were living
separately in such a way that sexual Intercourse was
not possible, or
c. Serious illness of the husband which absolutely
prevented intercourse
Mere proximate separation between the spouses is not sufficient
physical separation to constitute as ground for impugning
legitimacy. (Macadangdang v. CA, 1980)
Serious illness of the husband which absolutely prevented him
from having sexual intercourse with his wife, like if the husband
was already in comatose or a vegetable, or sick with syphilis in
the tertiary stage so that copulation was not possible. But
tuberculosis, even in its most crucial stage, does not preclude
copulation between the sick husband and his wife. (Andal v.
Macaraig, 1951)
Blood-type matching is an acceptable means of impugning
legitimacy, covered by Art. 166(2), under biological or other
scientific reasons. But this is only conclusive of the fact of non-
paternity. (Jao v. CA, 1987)

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
Only the man (and his heirs in certain situations) can impugn the
legitimacy of the child. (Benitez-Badua v. CA, 1994)
Q: What Are The Rules On Legitimacy With Regard To The
Mother?
A: Child considered legitimate although (Art. 167, FC):
(1) Mother may have declared against its legitimacy
(2) Mother may have been sentenced as an adulteress
(also applies to wife who was raped)
Q: When does the prescriptive period start to run?
A:
General Rule: The prescriptive period for filing
action impugning the legitimacy of the child shall
be counted from the knowledge of birth or its
recording in the civil registry.
Exception: If the birth was:
1. Concealed from or
2. Was unknown to the husband or his heirs, the
periods shall be counted from the discovery or
knowledge of the birth of the child or of the act of
registration of said birth, whichever is earlier.
CLAIMING FILIATION
Q: Is the right to claim filiation transmissible to the heirs of the
child?
A:
General Rule: The right to claim filiation may be
used only by the child. It is not transmissible to the
heirs.
Exception: In cases where child died:
1. During minority or
2. In a state of insanity.
Q: When should an action to claim legitimacy be brought?
A: It depends on who is bringing the action:
1. By the child during his lifetime
2. By his heirs within 5 years should the child die
during minority or in a state of insanity
Note: Questioning legitimacy may not be collaterally attacked. It can be
impugned only in a direct action.
PROOF OF FILIATION
Q: What are the different kinds of proof of filiation?
A: Proof of filiation has two kinds: Primary and secondary.
1. Primary proof consists of the ff:
a. Record of birth appearing in civil registrar or
final judgment;
b. Admission of legitimate filiation in public document or
private handwritten instrument signed by parent
concerned.
2. Secondary consists of the ff:
a. Open and continuous possession of legitimacy;
b. Any means allowed by the Rules of Court and by
special laws.
Note: The possession of such status means that the father has treated
the child as his own, directly and not through others, spontaneously and
without concealment though without publicity.
There must be a showing of permanent intention of the
supposed father to consider the child as his own by continuous
and clear manifestation and paternal affection and care.
(Mendoza v. CA, 1991)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
To prove open and continuous possession of the status of an
illegitimate child, there must be evidence of manifestation of the 50
permanent intention of the supposed father to consider the child
as his, by continuous and clear manifestations of parental
affection and care, which cannot be attributed to pure charity.
Such acts must be of such a nature that they reveal not only the
conviction of paternity, but also the apparent desire to have and
treat the child as such in all relations in society and in life, not
accidentally, but continuously. (Jison v. CA, 1998)
Q: What are the rules on proving filiation?
A:
General Rule: Primary proof shall be used to prove
filiation.
Exception: In absence of primary proof, secondary
proof may be resorted to.
Note: For illegitimate children, if the action is based on par. 2 of
Art. 172 (secondary proof), the action may be brought only
during the lifetime of the alleged parent.
Article 170 of the Family Code is inapplicable to this case because
this is not an action to impugn the legitimacy of a child, but an
action of the private respondents to claim their inheritance as
legal heirs of their childless deceased aunt. They do not claim
that petitioner Violeta Cabatbat Lim is an illegitimate child of the
deceased, but that she is not the decedent's child at all. (Benitez-
Badua vs. 1994)
In this case the husband and the wife continued to live in the
same province after their alleged separation, the Court did not
discount the possibility of physical access to each other
considering their proximity to each other and considering further
that the wife still visited and recuperated in her mothers house
where her spouse resided with their children. (Macadangdang vs.
Court of Appeals, 100 SCRA 73)
The court held that just because tuberculosis is advanced in a
man does not necessarily mean that he is incapable of sexual
intercourse. There are cases where persons suffering from
tuberculosis can do the carnal act even in the most crucial stage
of health because then they seemed to be more inclined to
sexual intercourse. (Andal vs. Macaraig, 89 Phil 165)
Whether or not the certificate of live birth (Exhibit D) as
presented by the respondent, including the photograph showing
that he and his mother attended the deceased funeral, is
sufficient to prove filiation of the petitioner to the deceased. A
birth certificate offers only prima facie evidence of filiation and
may be refuted by contrary evidence. (Solinap vs. Locsin Jr.,
2001)
The court held that the due recognition of an illegitimate child in
a record of birth, a will, a statement before a court of record, or
in any authentic writing is, in itself, a consummated act of
acknowledgement of the child, and no further court action is
required. (Verceles v. Posada, 2007)
Paternity or filiation, or the lack of it, is a relationship that must
be judicially established and it is for the court to declare its
existence or absence. (De Asis vs CA, 303 SCRA 176)
Although a paternity action is civil, not criminal, the constitutional
prohibition against unreasonable searches and seizures is still
applicable, and a proper showing of sufficient justification under
the particular factual circumstances of the case must be made
before a court may order a compulsory blood test. (Lucas v.
Lucas, 2011)
 CIVIL LAW I REVIEWER
When a recognition has been made by one parent, the name of
the other parent may be revealed in an action by the child to
compel such other parent to recognize him also. (Rodriguez vs.
CA, 1995)
A baptismal certificate, a private document, which, being
hearsay, is not a conclusive proof of filiation. (Heirs of Cabais vs.
CA, 1999)
Under the law, this statement must be made personally by the
parent himself or herself, not by any brother, sister or relative;
after all, the concept of recognition speaks of a voluntary
declaration by the parent, or if the parent refuses, by judicial
authority, to establish the paternity or maternity of children born
outside wedlock. (Cenido vs. Apacionado, 1999)
Petitioner, however, overlooks the fact that respondents
successional rights may be established not just by a judicial
action to compel recognition but also by proof that she had been
voluntarily acknowledged and recognized as an illegitimate child.
Respondent in this case had not been given the opportunity to
present evidence to show whether she had been voluntarily
recognized and acknowledged by her deceased father because of
petitioners opposition to her petition and motion for hearing on
affirmative defenses. (Tayag v. Tayag-Gallor, 2008)
A certificate of live birth purportedly identifying the putative
father is not competent evidence of paternity when there is no
showing that the putative father had a hand in the preparation of
the certificate. The local civil registrar has no authority to record
the paternity of an illegitimate child on the information of a third
person. (Puno v. Puno Ent. Inc., 2009)
We have held that such other proof of one's filiation may be a
"baptismal certificate, a judicial admission, a family bible in which
[his] name has been entered, common reputation respecting his
pedigree, admission by silence, the testimonies of witnesses, and
other kinds of proof admissible under Rule 130 of the Rules of
Court." In this case, the respondent established a prima facie
case that the petitioner is the putative father of Gliffze through
testimony that she had been sexually involved only with one
man, the petitioner, at the time of her conception. Rodulfo
corroborated her testimony that the petitioner and the
respondent had intimate relationship. (Gotardo v. Buling, 2012)
Although a paternity action is civil, not criminal, the constitutional
prohibition against unreasonable searches and seizures is still
applicable, and a proper showing of sufficient justification under
the particular factual circumstances of the case must be made
before a court may order a compulsory blood test. (Lucas v.
Lucas, 2011)
ILLEGITIMATE CHILDREN
Q: Who Are Illegitimate Children?
A:
General rule: Those conceived and born outside of a
valid marriage. (Art. 165, FC)
Exceptions:
(1) Children of marriages void under Art.36
(psychological incapacity); and
(2) Under Art. 53 (subsequent marriages which did
not comply with Art. 52).
Common children born before the annulment are legitimate, and
therefore entitled to support from each of the spouses. (De
Castro v. Assidao-De Castro, 2008)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
Q: In what instances may an illegitimate child use the surname
of their father? 51
A:
1. Filiation has been recognized by the father
through the record of birth appearing in the civil
register
2. Admission in public document
3. Private handwritten instrument is made by the
father
Note: Provided that the father has the right to institute an action before
the regular courts to prove nonfiliation during his lifetime.
Illegitimate children may establish their illegitimate filiation in the
same way and on the same evidence (primary or secondary) as
legitimate children. (Art. 175, FC)
ACTION FOR CLAIMING FILIATION
Q: When should the claim be filed?
A:
1. For actions based on primary evidence, the same
periods stated in Art. 173 apply.
2. For actions based on secondary evidence, the
action may only be brought during the lifetime of the
alleged parent.
Baptismal certificates are given probative value only for births
before 1930. Birth certificates must be signed by the parents and
sworn for it to be admitted as evidence. (Mendoza v. Melia,
1966)
Unsigned birth certificates are not evidence of recognized
filiation. (Baluyut v. Baluyut, 1990)
Baptismal certificates are only conclusive of the sacrament
administered, and cannot be used as proof of filiation. (Acebedo
v. Arquero, 2003)
Marriage certificates cannot be used as proof of filiation. (Lim v.
CA, 1975)
Rule 130, Sec. 40 is limited to objects commonly known as family
possessions reflective of a family's reputation or tradition
regarding pedigree like inscriptions on tombstones, monuments,
or coffin plates. (Jison v. CA, 1998)
Signature of the father on the birth certificate is considered as an
acknowledgement of paternity and mere presentation of a duly
authenticated copy of such certificate will successfully establish
filiation. (Eceta v. Eceta, 2004)
Su padre (Your father) ending in a letter is only proof of
paternal solicitude and not of actual paternity. Signature on a
report card under the entry of Parent/Guardian is likewise
inconclusive of open admission. (Heirs of Rodolfo Baas v. Heirs
of Bibiano Baas, 1985)
By open and continuous possession of the status of a legitimate
child is meant the enjoyment by the child of the position and
privileges usually attached to the status of a legitimate child, like
bearing the paternal surname, treatment by the parents and
family of the child as legitimate, constant attendance to the
child's support and education, and giving the child the reputation
of being a child of his parents. (De Jesus v. Syquia, 1933)
DNA evidence can be used as proof of paternity. (Agustin v. CA,
2005)
 CIVIL LAW I REVIEWER
The due recognition of an illegitimate child in a record of birth, a
will, a statement before a court of record, or in any authentic
writing, is in itself a consummated act of acknowledgement of
the child, and no further court action is required. (De Jesus v.
Estate of Decedent Juan Gamboa Dizon, 2001)
Mere possession of status as an illegitimate child does not make
a recognized illegitimate child but is only a ground for bringing
an action to compel judicial recognition by the assumed parent.
(Gono-Javier vs. Court of Appeals, 1994)
DNA evidence can still be used even after the death of the
parent. (Estate of Rogelio Ong v. Diaz, 2007)
There are four significant procedural aspects of a traditional
paternity action that parties have to face: a prima facie case,
affirmative defenses, presumption of legitimacy, and physical
resemblance between the putative father and the child. A prima
facie case exists if a woman declaressupported by
corroborative proofthat she had sexual relations with the
putative father; at this point, the burden of evidence shifts to the
putative father. Further, the two affirmative defenses available to
the putative father are: (1) incapability of sexual relations with
the mother due to either physical absence or impotency, or (2)
that the mother had sexual relations with other men at the time
of conception. (Gotardo v. Buling, 2012)
To prove open and continuous possession of the status of an
illegitimate child, there must be evidence of the manifestation of
the permanent intention of the supposed father to consider the
child as his, by continuous and clear manifestations of parental
affection and care, which cannot be attributed to pure charity.
(Perla v. Baring and Perla, 2012)
Meanwhile, the lack of participation of the supposed father in the
preparation of a baptismal certificate renders this document
incompetent to prove paternity. Baptismal certificates are per se
inadmissible in evidence as proof of filiation and they cannot be
admitted indirectly as circumstantial evidence to prove the same.
(Perla v. Baring and Perla, 2012)
RIGHTS OF ILLEGITIMATE CHILDREN
Q: What are the rights of Illegitimate Children?
A:
1. Use the surname and be under the parental
authority of the mother
2. However, may use the surname of their father
if
(a) Their filiation has been expressly
recognized by the father through the record of
birth appearing in the civil register; or
(b) There is an admission in a public
document or private handwritten instrument
made by the father.
(c) Provided, the father has the right to
institute an action before the regular courts
to prove non-filiation during his lifetime [RA
9255]
The use of the word may in Art. 176 readily shows that an
acknowledged illegitimate child is under no compulsion to use
the surname of his illegitimate father. The word may is
permissive and operates to confer discretion upon the illegitimate
children. (Grande v. Antonio, 2014)
3. Shall be entitled to support in conformity with
the Family Code
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
(4) Legitime shall consist of one-half of the legitime of
a legitimate child. 52
It is clear therefore that the resolution of the issue of prescription
depends on the type of evidence to be adduced by private
respondents in proving their filiation. (Guy v. CA, 2006)
Where the private handwritten instrument is the lone piece of
evidence submitted to prove filiation, there should be strict
compliance with the requirement that the same must be signed
by the acknowledging parent. Where the private handwritten
instrument is accompanied by other relevant and competent
evidence, it suffices that the claim of filiation therein be shown to
have been made and handwritten by the acknowledging parent
as it is merely corroborative of such other evidence. (De La Cruz
v. Gracia, 2009)
It is settled, then, in law and jurisprudence, that the status and
filiation of a child cannot be compromised. Public policy demands
that there be no compromise on the status and filiation of a
child. Paternity and filiation or the lack of the same, is a
relationship that must be judicially established, and it is for the
Court to declare its existence or absence. It cannot be left to the
will or agreement of the parties. (Uy v. Chu, 2009)
LEGITIMATED CHILDREN
Q: What is legitimation?
A: Legitimation is a remedy or process by means of which those
who in fact not born in wedlock and should therefore be
ordinarily illegitimate, are by fiction, considered legitimate.
Q: Who are entitled to legitimation?
A: Only children conceived and born outside of wedlock of
parents who, at the time of conception, were not disqualified by
any impediment to marry each other.
Q: Are children born of parents, who at the time of conception
and birth, were minors may be legitimated?
A: Yes. RA 9858 amended Art. 177 of the Family Code in
allowing children conceived and born outside of wedlock of
parents who, at the time of conception of the former, were not
disqualified by any impediment to marry each other, or were so
disqualified only because either or both of them were below
eighteen (18) years of age, to be legitimated.
Q: What are the requisites of legitimation?
A:
1. Child must have been conceived and born outside of
wedlock;
2. Childs parents, at the time of formers conception,
were not disqualified by any impediment to marry
each other;
3. The subsequent valid marriage of the parents. (Art.
177, NCC)
Q: What is the procedure for Legitimation?
A: Legitimation shall take place by a subsequent valid marriage
between the parents. The annulment of a voidable marriage shall
not affect the legitimation. (Art. 178, FC)
Q: What are the effects of Legitimation?
A:
1. Effects of legitimation shall retroact to the time of
the childs birth (Art. 180, FC)
2. Legitimation of children who died before the
celebration of the marriage shall benefit their
descendants (Art. 181, FC)
 CIVIL LAW I REVIEWER
Q: What Are The Grounds For Impugning Legitimation LEGITIMATION VS ADOPTION
A: 53
1. The subsequent marriage of the child's parents is Legitimation Adoption
void. Legal Effects
2. The child allegedly legitimated is not natural.
The law creates by fiction a
3. The child is not really the child of the alleged
The law merely makes legal relation which did not in
parents. (Sempio-Dy) what exists by nature fact exist

Q: What are the Rights of Legitimated Children?

Persons Affected
A: The same as those of legitimate children (Art. 179, FC)
Natural children Strangers (generally)
Q: What Are The Rules For Impugning Legitimation?
A: Procedures
Extrajudicial acts of parents Always by judicial decree
1. May be made only by those who are prejudiced in
their rights Who should apply
2. Within five years from the time their cause of Both parents, with
action accrues (Art. 182, FC) exceptions allowing only
Both parents
one of them to apply [RA
8552]
Whether or not, a child born out of wedlock, by parents who
have a legal impediment to marry each other, can be legitimated.
As a lawyer and a judge, respondent ought to know that, despite Effect on parent-child relationship
his subsequent marriage to Priscilla, these three children cannot Same status and rights with
be legitimated nor in any way be considered legitimate since at that of a legitimate child not
Creates a relationship only
only in relation to the
the time they were born, there was an existing valid marriage between the child and the
legitimizing parents but also to
between respondent and his first wife, Teresita B. Tabiliran. other relatives
adopting parents
(Abadilla vs. Tabiliran, Jr., 1995)

Q: What are the rights of legitimate and illegitimate children?

A: RA 8552
DOMESTIC ADOPTION LAW, 98
LEGITIMATE CHILDREN ILLEGITIMATE CHILDREN
Surname
Q: Who may adopt?
Bear the surnames of both Bear the surname of either the
parents (mother and father) mother or the father under R.A.
A:
9255 1. Filipino;
Support 2. Alien;
Receive support from: Receive support according to 3. Guardian with respect to his ward.
1. Parents; provision of FC
2. Ascendants; and Q: What are the qualifications of a Filipino who may adopt?
3. in proper cases, brothers A:
and sisters under Art 174.
1. Must be of Legal age;
Legitime 2. In a Position to care for his children;
Full Legitimes and other Share is equivalent to of the 3. Good moral character;
successional rights under the share of a legitimate child
4. Full civil capacity and legal rights;
Civil Code
5. Not been convicted of any crime involving moral
Period for filing action for claim of legitimacy or illegitimacy
turpitude;
His/her whole lifetime For primary proof: his/her whole
regardless of type of proof lifetime
6. Emotionally and psychologically capable of caring
provided under Art 172 For secondary proof: for children;
only during the lifetime of the 7. General Rule: At least 16 years older than
alleged parent adoptee
Transmissibility of right to file an action to claim legitimacy
Yes No Exceptions: It is not necessary that adopter be at
Right to inherit ab intesto least 16 years older:
Yes No right to inherit ab intesto from a. Adopter is the biological parent of the
legitimate children and relatives adoptee,
of father and mother under Art b. Adopter is the spouse of adoptees parent.
992, NCC
(Iron Curtain Rule)
Q: What are the qualifications of an alien who may adopt under
R.A. 8552?
A:
1. Possesses same qualifications as those enumerated
for Filipino adopters;
2. His country has Diplomatic relations with the
Philippines;

General Rule: Has been living in the Philippines

for at least 3 continuous years prior to the application

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
for adoption and maintains such residence until
adoption decree has been entered.
Exceptions:
a. He is a former Filipino who seeks to adopt
a relative within the 4th civil degree of
consanguinity or affinity,
b. He is married to a Filipino and seeks to
adopt jointly with his spouse a relative within
the 4th degree of consanguinity or affinity,
c. He is married to a Filipino and seeks to
adopt the legitimate or illegitimate child of
his filipino spouse.
Q: May a guardian adopt his ward?
A: A guardian may only adopt his ward after termination of
guardianship and clearance of his financial accountabilities.
Q: What is the rule when a person seeking to adopt has a
spouse?
A:
General Rule: Such person must adopt with his
spouse jointly. The general rule is that husband and
wife shall jointly adopt.
Exceptions:
1. One spouse seeks to adopt the legitimate child of
the other;
2. One spouse seeks to adopt his own illegitimate
child;
3. Spouses are legally separated.
Q: Who may be adopted?
A:
1. Any person below 18 of age who has been
administratively or judicially declared available for
adoption;
2. Legitimate child of one spouse by the other
spouse;
3. Illegitimate child by a qualified adopter to improve
the status of said child to that of legitimacy;
4. Person of legal age, if prior to the adoption, said
person has been consistently considered and treated
by adopters as their child since minority;
5. Child whose adoption has been previously rescinded;
6. Child whose biological parents have died provided
no proceedings have been initiated within 6 months
from time of death.
Q: What is the definition of child?
A: A child is any person below 18 years old.
Q: What is the definition of child legally free for adoption?
A: A child voluntarily or involuntarily committed to the DSWD,
freed of his biological parents, guardians, adopters in case of
rescission.
Q: Whose written consent is necessary for adoption?
A:
1. Adoptee, if 10 years of age and over;
2. Biological parents of the child, if known or the legal
guardian, or the proper government instrumentality which
has legal custody of the child;
3. Legitimate children of the adopter, if 10 years old or over;
4. Illegitimate children of the adopter, if 10 years old or over
and living with him;
5. Spouse of the adopted, if married;
6. Spouse of the adopter, if married.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
Q: On what grounds may an adoptee seek the rescission of the
adoption? 54
A:
1. Attempt on the life of the adoptee;
2. Sexual assault or violence;
3. Abandonment and failure to comply with parental
obligations;
4. Repeated physical or verbal maltreatment by the adopter.
Note: Adopter cannot rescind but may disinherit the adoptee.
Q: What are the grounds by which an adopter may disinherit
adoptee?
A:
1. Groundless accusation against the testator of a crime
punishable by 6 years or more imprisonment;
2. Found guilty of attempt against the life of the testator,
his/her spouse, descendant or ascendant;
3. Causes the testator to make changes or changes a
testators will through violence, intimidation, fraud or undue
influence;
4. Maltreatment of the testator by word or deed;
5. Conviction of a crime which carries a penalty of civil
interdiction;
6. Adultery or concubinage with the testators wife;
7. Refusal without justifiable cause to support the parent or
ascendant;
8. Leads a dishonorable or disgraceful life.
Q: What are the effects of adoption?
A:
1. General Rule: Severance of all legal ties between the
biological parents and the adoptee and the same shall then
be vested on the adopters
Exception: In cases where the biological parent is the
spouse of the adopter;
2. Deemed a legitimate child of the adopter;
3. Acquires reciprocal rights and obligations arising from
parentchild relationship;
4. Right to use surname of adopter;
5. In legal and intestate succession, the adopters and the
adoptee shall have reciprocal rights of succession without
distinction from legitimate filiation. However, if the adoptee
and his/her biological parents had left a will, the law on
testamentary succession shall govern.
Q: State the effects of rescission of the adoption in the Domestic
Adoption Act of 1998 (RA 8552)
A:
1. If adoptee is still a minor or is incapacitated
Restoration of:
a. Parental authority of the adoptees biological
parents, if known or
b. Legal custody of the DSWD;
2. Reciprocal rights and obligations of the adopters and
adoptee to each other shall be extinguished;
3. Court shall order the civil registrar to cancel the
amended certificate of birth of the adoptee and restore
his/her original birth certificate;
4. Succession rights shall revert to its status prior to
adoption, but only as of the date of judgment of judicial
rescission;
5. Vested rights acquired prior to judicial rescission shall
be respected.
 CIVIL LAW I REVIEWER
The law here does not provide for an alien who is married to a
former Filipino citizen seeking to adopt jointly with his or her
spouse a relative by consanguinity, as an exception to the
general rule that aliens may not adopt. Rosalina Dye cannot, on
her own, adopt her brother and sister for the law mandates joint
adoption by husband and wife, subject to exceptions.
(Republic vs. Vergara, 1997)
An alien qualified to adopt under the Child and Youth Welfare
Code, which was in force at the time of the filing of the petition,
acquired a vested right which could not be affected by the
subsequent enactment of a new law disqualifying him. (Republic
vs. Miller, 1999)
The Family Code reiterated the rule by requiring that husband
and wife "must" jointly adopt, except in the cases mentioned
before. Under the said new law, joint adoption by husband and
wife is mandatory. (Republic vs. Toledano, 1994)
Physical estrangement alone, without financial and moral
desertion, is not tantamount to abandonment. While admittedly,
petitioner was physically absent as he was then in the United
States, he was not remiss in his natural and legal obligations of
love, care and support for his children. (Cang vs. CA, 1998)
The filing of a case for dissolution of the marriage between
petitioner and Olario is of no moment. It is not equivalent to a
decree of dissolution of marriage. Until and unless there is a
judicial decree for the dissolution of the marriage between
petitioner and Olario, the marriage still subsists. That being the
case, joint adoption by the husband and the wife is required. (In
re: Adoption of Michelle & Michael Lim, 2009)
Under the Child and Youth Welfare Code, private respondent had
the right to file a petition for adoption by herself, without
joining her husband therein. When Mrs. Bobiles filed her petition,
she was exercising her explicit and unconditional right under said
law. (Republic vs. CA & Bobiles, 1992)
R.A. NO. 8552 has unqualifiedly withdrawn from an adopter a
consequential right to rescind the adoption decree even in cases
where the adoption might clearly turn out to be undesirable.
(Lahom vs. Sibulo, 2003)
RA 8043
INTERCOUNTRY ADOPTION ACT 95
Q: Who may adopt?
A:
1. Any alien;
2. Filipino citizen, both permanently residing abroad.
Q: What are the qualifications needed for a Filipino or alien to
adopt?
A:
1. At least 27 years old and 16 years older than the
child to be adopted at the time of the application
unless adopter is the parent by nature of the child;
2. If married, his spouse must jointly file for adoption;
3. Has the capacity to act or assume all rights and
responsibilities of parental authority;
4. Not been convicted of a crime involving moral
turpitude;
5. Eligible to adopt under his national law;
6. In a position to provide for proper care and support
and give necessary moral values;
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
7. Agrees to uphold the basic rights of the child
mandated by the UN convention of rights of Child and 55
the Philippine Laws;
8. Comes from a country with which the Philippines
has diplomatic relations and adoption is allowed
under his national law;
9. Possesses all the qualifications and none of the
disqualifications
Q: Who may be adopted?
A: Only a legally free child may be adopted provided the
following are submitted:
1. Child study;
2. Birth certificate/ foundling certificate;
3. Deed of Voluntary Commitment/Decree of
Abandonment/Death Certificate of parents;
4. Medical evaluation or history;
5. Psychological evaluation;
6. Recent photo
Q: What is the definition of child?
A: A child is any person below 15 years old.
Q: What is a legallyfree child?
A: A child who has been voluntarily or involuntarily committed to
the DSWD of the Philippines, in accordance with the Child Youth
and Welfare Code
Note: No child shall be matched to a foreign adoptive family unless it is
satisfactorily shown that the child cannot be adopted in the Philippines
General Rule: There shall be no physical transfer of a
voluntarily committed child earlier than 6 months from the date
of execution of Deed of Voluntary Commitment.
Exceptions:
1. Adoption by relative;
2. Child with special medical condition.
Q: What Are Effects of Adoption?
A:
1. Parental Authority - Except in cases where the
biological parent is the adopters spouse, all legal ties
between biological parent and adoptee shall be
severed, and the same shall then be vested on the
adopters. [Sec. 16]
2. Legitimacy - The adoptee shall be considered the
legitimate son/daughter of the adopters for all intents
and purposes, and as such is entitled to all rights and
obligations provided by law to legitimate children born
to them without discrimination of any kind. [Sec. 17]
3. Succession - In legal and intestate succession, the
adopter and the adoptee shall have reciprocal rights of
succession without distinction from legitimate filiation.
However, if the adoptee and his/her biological parents
had left a will, the law on testamentary succession
shall govern. [Sec. 18] Art. 190, FC as amended.
Rules on legal or intestate succession to the estate of
the adoptee:
a. Legitimate and illegitimate children,
descendants and the surviving spouse of the
adoptee shall inherit in accordance with the
ordinary rules of legal/intestate succession
b. When the surviving spouse OR illegitimate
children AND adopters concur, they shall
inherit on a 50-50 basis
c. When the surviving spouse AND
illegitimate children AND adopters concur,
they shall inherit on a 1/3-/1/3-1/3 basis
 CIVIL LAW I REVIEWER
d. When only adopters survive, they shall
inherit 100% of the estate
e. When only collateral blood relatives
survive, ordinary rules of legal or intestate
succession shall apply
4. Name - Art. 365, CC. An adopted child shall bear
the surname of the adopter.
RA 8552 allows the change of first name to be
instituted in the same proceeding as the adoption:
the decree of adoption shall state the name by which
the child is to be known.
5. Nationality - Adoption does not confer citizenship:
Philippine citizenship may be lost/acquired [only] in
the manner provided by law. [Sec. 3, Art. 4,
Constitution]
5. Vested rights prior to judicial rescission shall be
respected 56
6. Rescission contemplates a situation where the
adoption decree remains valid until its termination.
Q: State the rule on Rectification Of Simulated Birth
A: Simulation of birth is the tampering of LCR records to make it
appear that a certain child was born to a person who is not
his/her biological parent, causing said child to lose his/her true
identity/status. Sec. 21-b (RA 8552).
Any person who shall cause the fictitious registration of the birth
of a child under the name(s) of a person(s) who is not his/her
biological parent(s) shall be guilty of simulation of birth, and shall
be punished by prision mayor in its medium period and a fine not
exceeding P50,000.00.

The right to confer citizenship belongs to the State A person who has, prior to the effectivity of RA 8552, simulated
(political) and cannot be granted by a citizen through the birth of a child shall not be punished for such act, PROVIDED
adoption. Adoption creates a relationship between the [Sec. 22 (RA 8552)]:
adopter and adoptee, not between the State and the 1. The simulation was for the childs best interest
adoptee. 2. Child has been treated consistently as his own
3. Petition filed within 5 years of RA 8552s effectivity
Q: Who May File A Petition For Rescission Of Adoption? (2003)
A: Adoptee may file action for rescission, with the assistance of
DSWD if he/she is a minor or over 18 but incapacitated, based Q: What are the petitions that may be filed in adoption?
on the following grounds [Sec. 19]: A: Three-In-One Procedure
1. Repeated physical and verbal maltreatment by 1. Correction of entries in birth certificate
adopters despite having undergone counseling 2. Deed of Voluntary Commitment or Declaration of
2. Attempt on life of adoptee abandonment
3. Sexual assault or violence 3. Adoption decree
4. Abandonment or failure to comply with parental
obligations
5. Adoption, being in the best interest of the child,
shall not be subject to rescission by the adopter.
However, the adopter may disinherit the child based
on these causes [Art. 919, CC]:
a. Conviction of an attempt on the life of the
adopter
b. Having accused, without grounds, the
adopter of a crime punishable by
imprisonment for more than 6 years
c. Conviction of adultery/concubinage with
the adopters spouse
d. Having caused the adopter to make or
change a will by force, intimidation or undue
influence
e. Refusal without just cause to support the
adopter
f. Maltreatment of the adopter by word/deed
g. Living a dishonorable/disgraceful life
h. Conviction of a crime which carries with it
the penalty of civil interdiction

Q: What are the effects of Rescission?

A:
1. Parental authority of the adoptee's biological
parents, if known, OR the legal custody of the DSWD
shall be restored if the adoptee is still a minor or
incapacitated
2. Reciprocal rights and obligations of the adopters
and the adoptee shall be extinguished
3. Court shall order the Civil Registrar to cancel the
amended certificate of birth of the adoptee and
restore his/her original birth certificate
4. Succession rights shall revert to its status prior to
adoption, but only as of the date of judgment of
judicial rescission

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
PRE-ADOPTION PROCEDURES 2. Proof of efforts to locate the childs parents/known
relatives 57
VOLUNTARY COMMITMENT OF BIOLOGICAL MOTHER a. Written certification that a local/national
WANTING TO PUT HER CHILD UP FOR ADOPTION radio/TV case was aired on 3 different
occasions
b. Publication in 1 newspaper of general
circulation
Counseling on her options
other than adoption
c. Police report / barangay certification of
due diligence
d. Returned registered mail to last known
address of parents
3. Birth certificate, if available
Explaining to her the 4. Recent photo and photo upon abandonment of
implications of losing her child
parental authority over the child
ADOPTION PROCEDURES

Inquiry of prospective adopters at DSWD

Continuing services shall be
provided after relinquishment to
cope with feelings of loss, etc.
and other services for his/her Attendance of DSWD Adoption For a and
reintegration to the community Seminars (include counseling)

Biological parent(s) who decide to Application for Adoption

keep the child shall be provided with
adequate services and assistance to
fulfill their parental responsibilities

Case Study Report

Commitment (DVC) which shall

be rescissible within 3 months Certificate of Availability for Adoption
from signing of the same

INVOLUNTARY COMMITMENT OF ABANDONED OR Matching

NEGLECTED CHILD

Filing of a petition at Regional Placemen

DSWD in the form of an affidavit
and with the required supporting
t
documents
Supervised Trial Custody

Posting of the petition, then

recommendation by the Home Study Report
Regional Director of the DSWD
(5 days each)

Recommendation and Consent of DSWD

Issuance of certification by DSWD

Secretary declaring the child
File Petition for Adoption within 30 days
legally available for adoption
from Receipt of Consent from DSWD

Q: What are the required supporting documents for a petition for

Adoption Decree
the declaration of involuntary commitment?
A:
1. Social Case Study Report by DSWD/LGU/institution
charged with childs custody

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
After the decree of adoption, the court may also issue a travel
authority, if needed; DSWD to provide post adoption services.
The case study report by the DSWD/LGU is indispensable.
Without it, the adoption decree shall be void. (DSWD v. Judge
Belen, 1997)
Q: What is the function of InterCountry Adoption Board?
A: The Inter Country Adoption Board acts as the central
authority in matters relating to intercountry adoption. The Board
shall ensure that all the possibilities for adoption of the child
under the Family Code have been exhausted and that the
intercountry adoption is in the best interest of the child
Q: What is trial custody?
A: It is the preadoptive relationship which ranges 6 months from
the time of the placement. It starts from the actual transfer of
the child to the applicant who, as actual custodian, shall exercise
substitute parental authority over the person of the child
Notes:
1. If unsatisfactory the relationship shall be suspended
by the board and the foreign adoption agency shall arrange
for the childs voluntary care.
2. If satisfactory the Board shall submit the written consent
of the adoption to the foreign adoption agency within 30 days
after the request of the latters request.
Where the petition for adoption was granted after the child had
shot and killed a girl, the Supreme Court did not consider the
retroactive effect given to the decree of adoption so as to impose
a liability upon adopting parents at a time when adopting parents
had no actual or physically custody over the child. Retroactive
effect may perhaps be given to the granting of the petition for
adoption where such is essential to permit the accrual of some
benefit or advantage in favor of the adopted child. In the instant
case, however, to hold that parental authority had been
retroactively lodged in the adopting parents so as to burden
them with liability for a tortuous act that they could not have
foreseen and which they could not have prevented would be
unfair and unconscionable. (Tamargo v. CA, 1992)
Adoption is a juridical act, proceeding in rem. Because it is
artificial, the statutory requirements in order to prove it must be
strictly carried out. Petition must be announced in publications
and only those proclaimed by the court are valid. Adoption is
never presumed. (Lazatin v. Campos, 1979)
Validity of facts behind a final adoption decree cannot be
collaterally attacked without impinging on that courts
jurisdiction. (Santos v. Aranzanso, 1966)
Participation of the appropriate government instrumentality in
performing the necessary studies and precautions is important
and is indispensable to assure the childs welfare. (DSWD v.
Belen, 1997)
Consent for adoption must be written and notarized. (Landingin
v. Republic, 2006)]
Adopted children do not have a right to represent their adopters
in successional interests. Although an adopted child is deemed to
be a legitimate child and have the same rights as the latter,
these rights do not include the right of representation (because
the adopted child has no right to inherit from the grandparent).
The relationship created by the adoption is between only the
adopting parents and the adopted child. It does not extend to
the blood relatives of either party. (Sayson v. CA, 1992)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
SUPPORT
58
Q: What is support?
A: It comprises everything indispensable for sustenance,
dwelling, clothing, medical assistance and transportation, in
keeping with the financial capacity of the family, including the
education of the person entitled to be supported until he
completes his education or training for some profession, trade or
vocation, even beyond the age of majority. (Art. 194, FC)
Q: What are the characteristics of support?
A:
1. Personal
2. Reciprocal on the part of those who are by law
bound to support each other
3. Intransmissible
4. Mandatory
5. Provisional character of support judgment
6. Exempt from attachment or execution
7. Not subject to waiver or compensation
Q: What comprises support?
A: Support comprises of everything indispensable for:
1. Sustenance
2. Dwelling
3. Clothing
4. Medical attendance
5. Education includes schooling or training for some
profession, trade or vocation, even beyond the age of
majority
6. Transportation includes expenses going to and
from school, or to from place of work
Q: What are the rules on the amount of support?
A: Amount of support shall be in proportion to the resources or
means of the giver and to the necessities of the recipient. It shall
be increased or reduced proportionately, according to the
increase/reduction of necessities of the recipient and the
resources of the person obliged.
Q: What are the different kinds of support?
A:
1. Legal required or given by law;
2. Judicial required by court;
May be:
a. Pendente lite
b. In a final judgment
3. Conventional by agreement.
Q: What are the rules on support of illegitimate children of either
spouse?
A: It depends upon the property regime of the spouses.
1. ACP:
a. Exclusive property of the debtor spouse
shall be liable.
b. If the exclusive property is insufficient,
the community is liable.
Note: The same being considered as advance made by the absolute
community to said spouse.
2. CPG:
a. Property of the debtorspouse is liable.
b. If the debtor spouse has no property or
the same is insufficient, it may be enforced
against the conjugal property.
 CIVIL LAW I REVIEWER
Q: Who are persons obliged to support each other?
A:
1. Spouses;
2. Legitimate ascendants & descendants;
3. Parents and their legitimate children, and the
legitimate and illegitimate children of the latter;
4. Parents and their illegitimate children, and the
legitimate and illegitimate children of the latter;
5. Legitimate brothers and sisters whether full or
halfblood.
Q: Are brothers and sisters not legitimately related likewise
bound to support each other?
A:
Also, in case of urgent need and by special circumstances, judge
may order only one obligor to furnish support without prejudice 59
to reimbursement from other obligors of the share due from
them (Art. 200, FC).
Q: What is the rule if there are multiple recipients and only one
obligor, and the latter has no sufficient means to satisfy all
claims:
A:
1. Observe order in Article 199 as to whose claim
shall be satisfied first;
2. But if the concurrent obligees are the spouse and a
child subject to parental authority, the child shall be
preferred. (Art. 200, FC)

General Rule: Yes.
Exception: when the need for support of the brother
or sister, being of age, is due to a cause imputable to
the claimants fault or negligence. In this case, the
illegitimate brother or sister has no right to be
supported.
Q: What are the sources of support?
A:
The above preference given to a child under parental authority
over the spouse should prevail only if the person obliged to
support pays it out of his separate property. So if the support
comes from ACP or CPG, the above rule of preference for the
child does not apply. (Tolentino)
Even if the parents-in-law were the ones who called for the
physicians services for the childbirth of their daughter-in-law, it
is the womans husband who is bound to pay the fees due to the
physician. (Pelayo v. Lauron, 1909)

SOURCES OF SUPPORT Man is still liable for support in arrears since the mother
During Marriage Pending Litigation After Litigation advanced it from a stranger (the uncle of the daughters).
Spouses (Lacson v. San Jose-Lacson, 1968)
From the ACP GR: No obligation to
community GR: From the support Acknowledgment of and commitment to comply with support
property community XPN: If there is Legal obligation through a note in his own handwriting is proof that a
property assets Separation. In which demand was made. (Lacson v. Lacson, 2006)
XPN: If Art 203 case, the court may
applies, that if the require the guilty
claimant spouse is spouse to give
Q: State the rule if stranger gives support
the guilty spouse, support A: When, without the knowledge of the person obliged to give
he/she is not support, it is given by a stranger, the stranger has the right to
entitled to support. claim the same from the person obliged, unless it appears that
CPG he gave it without intention of being reimbursed. (Art. 206, FC)
Support is
considered an Q: State the rule if person obliged refuses or fails to give support
advance of such
A: When the person obliged to give support unjustly refuses or
spouses share.
*The rule does not
fails to give support when urgently needed, any third person may
apply if the spouses furnish support to the needy individual, with right of
are under ACP reimbursement from the person obliged to give support. This
based on Art 153. particularly applies when the father or mother of a minor child
Children unjustly refuses to support or fails to give support to the child
From the From the From the separate when urgently needed. (Art. 207, FC)
community community properties of the
property property spouses Q: What is the source of support during the pendency of legal
separation, annulment and declaration of nullity of marriage
Q: To whom does the liability to support devolve upon? proceedings?
A: In the following order: A: The spouses and their common children shall be supported
1. Spouse from the properties of the absolute community or the conjugal
2. Ascendants in the in the nearest degree partnership.
3. Descendants in the nearest degree
4. Brothers and sisters Q: Are the spouses still obliged to render mutual support after
final judgment granting the petition?
Q: State the order of liability among ascendants and descendants A:
A: General Rule: No. The obligation of mutual support
1. Legitimate children and descendants, ceases after final judgment.
2. Legitimate parents and ascendants,
3. Illegitimate children and their descendants. Exception: In case of legal separation the Court may
order that the guilty spouse shall give support to the
Q: what is the rule when two or more are obliged to give innocent one.
support?
A: When two or more are obliged to give support, the payment Q: What is the amount of support?
shall be divided between them in proportion to their resources; A: Amount shall be in proportion to the resources or means of
the giver and to the necessities of the recipient.

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
Q: May the amount of support be reduced or increased?
A: Yes. Support may be decreased or increased proportionately
according to the reduction or increase of the necessities of the
recipient and the resources of the person obliged to furnish the
same.
Q: When is the obligation to give support demandable?
A: From the time the person who has a right to receive support
needs it for maintenance, but it shall not be paid except from the
date of judicial or extra-judicial demand. (Art. 203, FC)
Support pendente lite may be claimed in accordance with the
Rules of Court. (Art. 203, FC)
Payment shall be made within the first 5 days of each
corresponding month. When the recipient dies, his heirs shall not
be obliged to return what he has received in advance. (Art. 203,
FC)
Q: When shall support be paid?
A: Only from the date of judicial or extrajudicial demand.
Note: The right to support does not arise from mere fact of
relationship but from imperative necessity without which it
cannot be demanded. The law presumes that such necessity
does not exist unless support is demanded.
Q: What are the options given to persons giving support?
A:
1. To Give a fixed monthly allowance; or
2. To Receive and maintain the recipient in the givers
home or family dwelling.
The law will not permit the husband to evade or terminate his
obligation to support his wife if she is driven away from the
conjugal home because of his own wrongful acts. In this case,
she was forced to leave the conjugal abode because of her
husbands lewd designs and physical assaults. She may claim
support from him for separate maintenance even outside of the
conjugal home. (Goitia v. Campos Rueda, 1916)
Q: Is the right to receive support subject to attachment or
execution?
A:
General Rule: No. The right to receive support and
any money or property obtained as support cannot
be attached no be subject to execution to satisfy any
judgment against the recipient.
Exception: In case of contractual support or support
given by will, the excess in amount beyond that
required for legal support shall be subject to levy on
attachment or execution.
Reason: The amount of support agreed upon in the contract or
given in the will can be more than what the recipient needs
(Sempio-Diy).
Furthermore, contractual support shall be subject to adjustment
whenever modification is necessary due to changes in
circumstances manifestly beyond the contemplation of the
parties. [Art. 208, FC]
Q: Jurisdictional questions may be raised at any time. What is
the exception with respect to the provisional character of
judgment for support and the application of estoppels?
A: Judgment for support is always provisional in character. Res
Judicata does not apply. The lower court cannot grant a petition
based on grounds, such as bigamy, not alleged in the petition.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
Such a decision based on grounds not alleged in the petition is
void on the ground of no jurisdiction. 60
However, if the lower courts void decision is not assailed on
appeal which dealt only with the matter of support, the losing
party is now estopped from questioning the declaration of nullity
and the SC will not undo the judgment of the RTC declaring the
marriage null and void for being bigamous.
It is axiomatic that while a jurisdictional question may be raised
at any time, this however admits of an exception where estoppel
has supervened. (Lam v. Chua, G.R. No. 131286, Mar. 18, 2004)
In any event, the mother of the girls had made the requisite
demand for material support although this was not in the
standard form of a formal written demand. Asking one to give
support owing to the urgency of the situation is no less a
demand just because it came by way of a request or a plea.
(Lacson v. Lacson, et al.,G.R. No. 150644, Aug. 28, 2006)
In Tayag v. Court of Appeals (209 SCRA 665), the Supreme Court
allowed the integration of an action to compel recognition with
an action to claim one's inheritance. A separate action will only
result in a multiplicity of suits. Furthermore, the declaration of
filiation is entirely appropriate to the action for support. (Agustin
v. CA, G.R. No. 162571, June 15, 2005).
Q: Can DNA testing be ordered in a proceeding for support
without violating the constitutional right against
selfincrimination?
A: Yes. In People v. Yatar (428 SCRA 504), the Supreme Court
had already upheld the constitutionality of compulsory DNA
testing and the admissibility of the results thereof as evidence.
Moreover, it has mostly been in the areas of legality of searches
and seizure and in the infringement of privacy of communication
where the constitutional right to privacy has been critically at
issue.
If, in a criminal case, an accused whose very life is at stake can
be compelled to submit to DNA testing, so much more so may a
party in a civil case, who does not face such dire consequences,
be likewise compelled. DNA testing and its results is now
acceptable as object evidence without running afoul
selfincrimination rights of a person. (Agustin v. CA, 2005)
The grandparents are liable to support their grandchildren if the
parent cannot give support or sufficient support. (Mangonon v.
CA, 2006)
The inability of the parents to sufficiently provide for their
children shifts a portion of their obligation to the ascendants in
the nearest degree, both in the paternal (petitioners) and
maternal lines, following the ordering in Article 199. (Lim v. Lim,
2009)
A judgment ordering for support is immediately executory
despite pendency of appeal. (Gan vs. Reyes, 2002)
Whether or not, a renunciation of the existence of filiation of the
child and the putative father, made by the mother, is valid. It is
true that in order to claim support, filiation and,or paternity must
first be shown between the claimant and the parent, however,
paternity and filiation or the lack of the same is a relationship
that must be judicially established and it is for the court to
declare its existence or absence. (De Asis vs. CA, 1999)
 CIVIL LAW I REVIEWER
PARENTAL AUTHORITY
Q: What is patria potestas?
A: The sum total of the rights of parents over the persons and
property of their unemancipated child.
Q: What does parental authority include?
A: It shall include:
1. Caring for and rearing of such children for civic
consciousness and efficiency;
2. Development of their moral, mental and physical
character and wellbeing.
Parental authority and responsibility may not be renounced or
transferred except in the cases authorized by law. (Art. 210, FC)
Q: What Are The Cases When Parental Authority And
Responsibility May Be Transferred Or Renounced?
A:
1. Adoption;
2. Guardianship; or
3. Commitment of the child in an entity or institution
engaged in childcare or in a childrens home.
Q: What are the characteristics of parental authority?
A:
1. Jointly exercised by the father and mother;
2. Natural right and duty of the parents;
3. Cannot be Renounced, transferred or waived
Exception: In cases authorized by law;
4. Purely personal;
Note: It cannot be exercised through agents.
5. Temporary
Q: What are the rules as to the exercise of Parental Authority?
A:
1. The father and the mother shall jointly exercise
parental authority over the persons of their common
children.
Note: In case of disagreement, the fathers decision shall prevail unless
there is a judicial order to the contrary.
2. If the child is illegitimate, parental authority is with
the mother.
3. Children under parental authority shall always
observe respect and reverence towards their parents
and are obliged to obey them [Art. 211, FC]
Q: What is meant by the parental preference rule?
A: The natural parents, who are of good character and who can
reasonably provide for the child are ordinarily entitled to custody
as against all persons.
Q: Who shall exercise parental authority in case of legal or de
facto separation of parents?
A: Parent designated by the Court.
Q: What shall the Court take into account in the designation of
the parent?
A: All relevant considerations, especially the choice of the child
over seven years of age except when the parent chosen is unfit.
Q: What is meant by the parental preference rule?
A: The natural parents, who are of good character and who can
reasonably provide for the child are ordinarily entitled to custody
as against all persons.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
Q: Who shall exercise parental authority in case of legal or de
facto separation of parents?
A: Parent designated by the Court.
61
Q: Who Exercises Authority In Cases Of Death, Absence,
Unsuitability, Remarriage, Or Separation Of Parents
A:
1. In case one parent is absent or already dead, the
present or surviving parent (Art. 212, FC)
Remarriage of the surviving parent shall not affect
his/her parental authority over the children, unless the
court appoints another person to be the guardian of the
children or their property (Art. 212, FC)
2. In case of a void/annulled marriage, and there is no
agreement between spouses, the parent designated by
the court [Art. 43(1), FC; Art. 49, FC]
3. Innocent spouse gets custody of minor children in
legal separation [Art. 63(3), FC]
4. The court shall take into account all relevant
considerations, especially the choice of the child over
seven years of age, unless the parent chosen is unfit
(Art. 213(1), FC)
5. Substitute parental authority (Art. 214, FC)
a. In case of death, absence or unsuitability
of the parents, substitute parental authority
shall be exercised by the surviving
grandparent
b. When several grandparents survive, the
one designated by the court shall exercise
parental authority, taking into account all
relevant considerations, especially the choice
of the child over seven years of age, unless
the grandparent chosen is unfit
Q: State the rules on descendants privilege of refusal to testify
(Art. 215, FC)
A:
General rule: No descendant shall be compelled, in a
criminal case, to testify against his parents and
grandparents.
Exceptions: When such testimony is indispensable
in:
1. a crime against the descendant, or
2. a crime by one parent against the other.
Q: What shall the Court take into account in the designation of
the parent?
A: All relevant considerations, especially the choice of the child
over seven years of age except when the parent chosen is unfit.
Q: What is the rule as to the custody of a child below 7 years of
age?
A:
General Rule: No child below 7 years of age shall be
separated from the mother
Exception: When the court finds compelling reasons to
consider otherwise
Examples of compelling reasons are:
1. When the mother is insane;
2. With a communicable disease that might endanger
the life or health of the child;
3. Is maltreating the child; or
 CIVIL LAW I REVIEWER
4. Has another child by another man who lives with
her. (Cervantes v. Fajardo, 1989)
Alleged lesbianism (Gualberto v. Gualberto, 2005), prostitution or
infidelity to husband does not necessarily make a mother unfit as
parent. It must be shown that such lesbianism, prostitution or
infidelity adversely affects the child.
Note: The paramount consideration in matters of custody of a child is
the welfare and wellbeing of the child.
Q: If the parents are separated de facto, who between them has
custody over their child/children?
A: In the absence of a judicial grant of custody to one parent,
both are entitled to the custody of their child/children.
The parent who has been deprived of the rightful custody of the
child may resort to the remedy of habeas corpus. (Salientes v.
Abanilla, 2006)
The petitioner failed to overcome the socalled "tenderage
presumption" rule under Art. 213 of the FC. There was no
compelling evidence of the mother's unfitness. 'Sexual preference
or moral laxity alone does not prove parental neglect or
incompetence to deprive the wife of custody, the husband
must clearly establish that her moral lapses have had an adverse
effect on the welfare of the child or have distracted the errant
spouse from exercising proper parental care. The general rule
that children less than seven years of age shall not be separated
from the mother finds its raison d'etrein the basic need of minor
children for their mother's loving care. This is predicated on the
"best interest of the child" principle which pervades not only child
custody cases but also those involving adoption, guardianship,
support, personal status and minors in conflict with the law.
(PabloGualberto v. Gualberto, 2005)
Under Art. 176 of the FC, parental authority over an illegitimate
child is vested solely in the mother, and this is true
notwithstanding that the child has been recognized by the father
as his offspring. At most, such recognition by the father would be
a ground for ordering the latter to give support to, but not
custody of, the child (David v. Court of Appeals, 250 SCRA 82).
Note: However, the CA erred in applying Sec. 6, Rule 99 of the
Rules of Court. This provision applies only when the parents of
the child are married to each other but are separated either by
virtue of a decree of legal separation or because they are leaving
separately de facto. In this case, the child's parents were never
married. Hence, the portion of the CA decision allowing the child,
upon reaching the age of ten, to choose which parent to live,
should be deleted therefrom. (Briones v. Miguel, et al., 2004)
Note: Habeas corpus may be resorted to in cases where rightful
custody is withheld from a person entitled thereto. Under Art.
211 of the FC, both parents in this case have joint parental
authority over their child and consequently joint custody over
him. Further, although the couple is separated de facto, the issue
of custody has yet to be adjudicated by the court. In the absence
of a judicial grant of custody, both parents are still entitled to the
custody of their child. (Salientes, et al. v. Abanilla, et al.,G.R. No.
162734, Aug. 29, 2006)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
SUBSTITUTE AND SPECIAL
PARENTAL AUTHORITY 62
Q: What is the order of substitute parental authority?
A:
1. Surviving Grandparent;
2. Oldest brother or sister, over 21 years;
Exception: unfit or disqualified
3. Actual Custodian over 21 year;
Exception: unfit or disqualified
The same order applies to the appointment of judicial guardian
over the property of the child.
Q: Who may exercise substitute parental authority over
disadvantaged children [art. 217, fc]
A: Entrusted in summary judicial proceedings to:
1. Heads of childrens homes
2. Orphanages
3. Similar institutions duly accredited by the proper
government agency (such as the DSWD)
Q: Who Are Disadvantaged Children
A:
1. Foundlings
2. Abandoned
3. Neglected
4. Abused
5. Others similarly situated
Q: What are the rules regarding the right to custody over the
child?
A:
General Rule: Parents are never deprived of the
custody and care of their children.
Exceptions:
1. For cause
Note: the law presumes that the childs welfare will be best
served in the care and control of his parents.
2. If in consideration of the childs welfare or
wellbeing, custody may be given even to a
nonrelative.
Q: What is the basis for the duty to provide support?
A: Family ties or relationship, not parental authority.
Note: The obligation of the parents to provide support is not
coterminous with the exercise of parental authority.
Q: What is the rule on the parents duty of representation?
A:
General Rule: Parents are dutybound to represent
their unemancipated children in all matters affecting
their interests;
Note: This duty extends to representation in court litigations.
Exception: A guardian ad litem may be appointed by
the court to represent the child when the best interest
of the child so requires.
Q: What is the scope of the parents right to discipline the child?
A: Persons exercising parental authority may:
1. Impose discipline on minor children as may be
required under the circumstances.
2. Petition the court for the imposition of appropriate
disciplinary measures upon the child, which include
the commitment of the child in entities or institutions
 CIVIL LAW I REVIEWER
engaged in child care or in childrens homes duly
accredited by the proper government agency.
Note: Such commitment must not exceed 30 days.
Q: What are the limitations on the exercise of the right to
discipline the child and what are its consequences?
A: Persons exercising such right is not allowed to:
1. treat the child with excessive harshness or cruelty; or
2. inflict corporal punishment.
Otherwise, the following are its consequences:
1. Parental authority may be suspended;
2. Parent concerned may be held criminally liable for
violation of RA 7160 (Special Protection of Children
against Abuse, Exploitation and Discrimination Act)
Q: To whom may special parental authority be granted?
A:
1. School administrator and teachers;
2. Individual entity or institution engaged in child
care.
Note: Exercised over minor child while under their supervision,
instruction or custody.
The special parental authority and responsibility applies to all
authorized activities, whether inside or outside the premises of
the school, entity or institution. (St. Marys Academy v.
Carpitanos, 2002)
Q: What are the distinctions between substitute parental
authority and special parental authority?
A:
SUBSTITUTE PARENTAL SPECIAL PARENTAL
AUTHORITY AUTHORITY
Q: State The Rule Established Under Doctrine Of Vicarious
Liability [Art. 2180 (2, 3, 7, 8), CC] 63
A:
1. The father, and in case of his death, the mother
are responsible for the damages caused by their
minor children who live in their company
2. Guardians are liable for damages caused by the
minors or incapacitated persons who are under their
authority and live in their company
3. Teachers or heads of establishments of arts and
trades shall be liable for damages caused by their
pupils and students or apprentices, so long as they
remain in their custody
Responsibility in Art. 2180 shall cease when the persons
responsible mentioned prove that they observed all the diligence
of a good father of the family
EFFECT OF PARENTAL AUTHORITY UPON THE PERSONS
OF THE CHILDREN
Q: What Are The Rights Of Parents Upon The Person Of The
Children
A:
1. To keep them in their company [Art. 220, FC]
2. To represent them in all matters affecting their
interests [Art. 220, FC]
3. To demand from them respect and obedience and
impose necessary discipline on them [Art. 220, FC]
4. To administer their property and to use the fruits
and income for the support of the children and
collective daily needs of the family [Art. 225 and 226,
FC]
5. To give or withhold consent to their marriage, their
marriage settlements, their donations by reason of
marriage, adoption, and employment [Tolentino]
6. To disinherit them for just cause [Tolentino]

Exercised in case of: 1. Exercised concurrently with Art. 220 which states that the parent has a right to impose
1. Death, the parental authority of the necessary discipline on the child does not authorize the parent to
2. Absence, or parents; invade or disregard the childs honor and dignity under the mask
3. Unsuitability of 2. Rests on the theory that
of discipline. Such acts can never be justified as parental
parents while the child is in the
custody of the person punishment. (People v. Silvano, 1999)
exercising special parental
authority, the parents Q: What Are the Duties Of Parents Upon The Person Of The
temporarily relinquish parental Children
authority over the child to the A:
latter. 1. To support them, providing for their upbringing in
accordance with their means [Art. 220, FC]
2. To educate, instruct, and provide them with moral
and spiritual guidance and love and understanding
Q: What is the liability of persons exercising special parental [Art. 220, FC]
authority over the child? 3. To furnish them with good and wholesome
A: educational materials, supervise their activities,
1. Principal and solidary liability for damages caused recreation and association with others, protect them
by the acts or omissions of the minor child while from bad company, and prevent them from acquiring
under their special parental authority habits detrimental to their health [Art. 220, FC]
2. Subsidiary liability for the parents and judicial 4. To perform such other duties as are imposed by
guardians of the minor, or those exercising substitute law [Art. 220, FC]
parental authority over such minor for his acts and 5. To give their lawful inheritance [Tolentino]
omissions 6. To protect them from unlawful aggression
[Tolentino]
Note: Both groups can use the defense that they exercised proper 7. To answer for damages caused by their fault or
diligence to avoid liability
negligence and for the civil liability for crimes
committed by them. [Art. 221, FC]

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
Q: What Is the Rule On Substitute Representation
A: The courts may appoint a guardian of the childs property, or
a guardian ad litem when the best interests of the child so
requires. [Art. 222, FC]
Q: State The Rule On Court Assistance In The Discipline Of The
Child
A:
1. The parents or, in their absence or incapacity, the
individual, entity or institution exercising parental
authority, may petition the proper court of the place
where the child resides, for an order providing for
disciplinary measures over the child. [Art. 223, FC]
2. The child shall be entitled to the assistance of
counsel, either of his choice or appointed by the
court, and a summary hearing shall be conducted
wherein the petitioner and the child shall be heard.
[Art. 223, FC]
3. If the court finds the petition meritorious, disciplinary
measures may include the commitment of the child
for not more than 30 days in entities or institutions
engaged in childcare or in childrens homes duly
accredited by the proper government agency. [Art. 224,
FC]
a. The parent exercising parental authority
shall not interfere with the case of the child
whenever committed but shall provide for his
support. [Art. 224, FC]
b. Upon proper petition or at its own
instance, the court may terminate the
commitment of the child whenever just and
proper. [Art. 224, FC]
4. If the court finds the petitioner at fault, irrespective
of the merits of the petition, or when the circumstances
so warrant, the court may also order the deprivation or
suspension of parental authority or adopt such other
measures as it may deem just and proper. [Art. 223,
FC]
EFFECTS OF PARENTAL AUTHORITY UPON THE
PROPERTY OF THE CHILDREN
Q: Who exercises legal guardianship over the property of an
unemancipated child?
A: The father and the mother, jointly, without need of court
appointment.
Note: In case of disagreement, the fathers decision shall prevail unless
there is a judicial order to the contrary.
Q: When is a parent required to post a bond?
A: If the market value of the property or the annual income of
the child exceeds 50,000 Php.
Note: The bond shall not be less than 10% of the value of the property
or annual income. (Art. 225, FC)
Q: State The Procedure In The Approval Of The Parents Bond
[Art. 225, FC]
A:
1. A verified petition for approval of the bond shall be
filed in the proper court of the place where the child
resides.
2. If the child resides in a foreign country, the petition
shall be filed in the proper court of the place where
the property or any part thereof is situated.
3. The petition shall be docketed as a summary special
proceeding. The court shall determine the amount of
the bond, but shall not be less than 10% of the market
value of the childs property or of his annual income.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
Q: State The Rule On Ownership Of Childs Acquisitions
A: The property of the unemancipated child earned or acquired 64
with his work or industry or by onerous or gratuitous title shall
belong to the child in ownership and shall be devoted exclusively
to the latters support and education, unless the title or transfer
provides otherwise. [Art. 226, FC]
Q: State the Rules When Parents Entrust The Management Of
Their Properties To A Child [Art. 227, FC]
A:
1. If the parents entrust the management or
administration of any of their properties to an
unemancipated child, the net proceeds of such property
shall belong to the owner.
2. The child shall be given a reasonable monthly
allowance in an amount not less than that which the
owner would have paid if the administrator were a
stranger, unless the owner grants the entire proceeds to
the child.
3. In any case, the proceeds thus given in whole or in
part shall not be charged to the childs legitime.
Q: What are the kinds of properties of a minor? Distinguish.
A:
ADVENTITIOUS PROSFECTITIOUS
1. Earned or acquired by the 1. Property given by the
child through his work or parents to the child for the
industry by onerous or latter to administer;
gratuitous title; 2. Owned by the parents;
2. Owned by the child; 3. Parents are usufructuary;
3. Child is also the usufructuary, 4. Property administered by
but the childs use of the the child.
property shall be secondary to
all collective daily needs of the
family;
4. Administered by the parents.
Q: What are the rules regarding the use of the childs property?
A:
1. the property of the minor shall be devoted to their
support and education unless the title or transfer
provides otherwise;
2. The parents have the right to use only the fruits
and income of said property for the following
purposes:
a. Primarily, to the childs support;
b. Secondarily, to the collective daily needs
of the family.
Q: What is the rule on disposition and encumbrance of the childs
property?
A: The parents, as legal guardians of the property of their minor
children, do not have the power to dispose or encumber the
property of the latter, such power is granted by law only to a
judicial guardian of the wards property, and even then, only with
the courts prior approval, secured in accordance with the
proceedings set forth under the Rules of Court.
Q: What is the rule on lease of property belonging to minor
children?
A:
General Rule: The parents, as legal guardians of the
minors property, may validly lease the same, even without
court authorization, because lease has been considered as
an act of administration.
 CIVIL LAW I REVIEWER
Exceptions: Court authorization is required if:
1. If the lease will be recorded in the Registry of
Property;
2. If the lease is for a period of more than one year,
because this is already deemed an act of dominion.
Parental authority is the mass of rights and obligations which
parents have in relation to the person and property of their
children until their emancipation, and even after this under
certain circumstances (Manresa).
SUSPENSION OR TERMINATION OF PARENTAL
AUTHORITY
Q: When Is Parental Authority Permanently Terminated
A:
1. Upon death of parents [Art. 228, FC]
2. Upon death of child [Art. 228, FC]
3. Upon emancipation of child [Art. 228, FC]
4. If the parents exercising parental authority has
subjected the child or allowed him to be subjected to
sexual abuse [Art. 232, FC]
In the case of death of parents, there is no absolute termination
of parental authority because while the child is still a minor, the
grandparents, brothers and sisters, or a guardian may exercise
substitute parental authority over the child [Art. 216, FC]
Q: When can termination of parental authority be revived by final
judgment [art. 229, fc]
A:
1. Upon adoption of the child;
2. Upon the appointment of a general guardian for
the child;
3. Upon judicial declaration of
a. Abandonment of the child in a case filed
for the purpose
b. Absence or incapacity of the person
exercising parental authority
4. Upon final judgment of a competent court divesting
the party concerned of parental authority.
Q: What are the grounds for suspension of parental authority
[art. 230 and 231, fc]
A:
1. Conviction of parent for crime which carries with it
the penalty of civil interdiction
2. Treats child with excessive harassment and cruelty
3. Gives corrupting orders, counsel, or example
4. Compels child to beg
5. Subjects the child or allows him to be subjected to
acts of lasciviousness
The aforesaid grounds are to include cases which resulted from
culpable negligence of the parent or the person exercising
parental authority.
If the degree of seriousness or the welfare of the child so
demands, the court may deprive the guilty party of parental
authority or adopt such other measures as may be proper.
Q: When Is There Permanent Deprivation Of Parental Authority
[Art. 232, FC]
A: If the person exercising parental authority has subjected or
has allowed the child to be subjected to sexual abuse, such
person shall be permanently deprived of authority over the child.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
Q: When may the suspension be revoked and parental authority
revived? 65
A: There must be a case filed for the purpose or in the same
proceeding if the court finds that the cause therefore had ceased
and will not be repeated.
When a parent entrusts the custody of a minor to another, such
as a friend or godfather, even in a document, what is given is
merely temporary custody and it does not constitute a
renunciation of parental authority. Even if a definite renunciation
is manifest, the law still disallows the same. (Santos Sr. v. CA,
1995)
Only the most compelling of reasons shall justify the court's
awarding the custody of such a child to someone other than his
mother, such as her unfitness to exercise sole parental authority.
In the past the following grounds have been considered ample
justification to deprive a mother of custody and parental
authority: neglect, abandonment, unemployment and immorality,
habitual drunkenness, drug addiction, maltreatment of the child,
insanity and being sick with a communicable disease. (Perez v.
CA, 1996)
It is clear that every child [has] rights which are not and should
not be dependent solely on the wishes, much less the whims and
caprices, of his parents. His welfare should not be subject to the
parents' say-so or mutual agreement alone. Where, as in this
case, the parents are already separated in fact, the courts must
step in to determine in whose custody the child can better be
assured the rights granted to him by law. The need, therefore, to
present evidence regarding this matter, becomes imperative.
(Laxamana v. Laxamana, 2002)
In a very real sense, then, a judgment involving the custody of a
minor child cannot be accorded the force and effect of res
judicata. Now to another point. In disputes concerning post-
separation custody over a minor, the well-settled rule is that no
child under seven (7) years of age 50 shall be separated from
the mother, unless the court finds compelling reasons to order
otherwise. (Beckett v. Sarmiento, 2013)
The liability for the accident, whether caused by the negligence
of the minor driver or mechanical detachment of the steering
wheel guide of the jeep, must be pinned on the minors parents
primarily. The negligence of petitioner St. Marys Academy was
only a remote cause of the accident. (St. Marys Academy v.
Carpitanos, 2002)
It is a rule long accepted by the courts that the right of parents
to the custody of their minor children is one of the natural rights
incident to parenthood, a right supported by law and sound
public policy. (Sagala-Eslao vs. CA, 1997)
Parental authority cannot be entrusted to a person simply
because he could give the child a larger measure of material
comfort than his natural parent. (Cang vs. CA, 1998).
Licel was only 14 years old, definitely a minor, on May 22, 2001,
when she was presented before respondents sala to affirm the
execution of her affidavit of desistance. This being the case, said
affidavit should have been executed with the concurrence of her
parents. Licel could not validly give consent to an affidavit of
desistance, for a minor is incompetent to execute such an
instrument. (Obedencio vs. Murillo, 2004)
 CIVIL LAW I REVIEWER
Under the law, a parent, acting merely as the legal (as
distinguished from judicial) administrator of the property of
his/her minor children, does not have the power to dispose of, or
alienate, the property of said children without judicial approval.
(Lindain v. CA, 1999)
Administration includes all acts for the preservation of the
property and the receipt of fruits according to the natural
purpose of the thing. Any act of disposition or alienation, or any
reduction in the substance of the patrimony of child, exceeds the
limits of administration. Thus, a father or mother, as the natural
guardian of the minor under parental authority, does not have
the power to dispose or encumber the property of the latter.
(Neri v. Heirs of Hadji Yusop, 2012)
Indeed, what determines the fitness of any parent is the ability
to see to the physical, educational, social and moral welfare of
the children, and the ability to give them a healthy environment
as well as physical and financial support taking into consideration
the respective resources and social and moral situations of the
parents. (Bondagjy vs. Bondagjy, 2001)
In reference to abandonment of a child by his parent, the act of
abandonment imports any conduct of the parent which evinces
a settled purpose to forego all parental duties and relinquish all
parental claims to the child. It means neglect or refusal to
perform the natural and legal obligations of care and support
which parents owe their children. (Cang vs CA, 296 SCRA 128)
EMANCIPATION
Q: How does emancipation take place?
A: By attainment of majority at the age of (18) eighteen years.
Q: What are the effects of emancipation?
A:
1. Parental authority over the person and property of
the child is terminated
2. Child shall be qualified and responsible for all acts of
civil life, save exceptions established by existing laws.
a. Contracting marriage shall require
parental consent until the age of (21) twenty
one.
b. The responsibility of parents or guardians
for children and wards below (21)
twentyone under the second and third
paragraphs of Art.2180 of the Civil Code
shall not be derogated.
Emancipation takes place by the attainment of majority. Unless
otherwise provided, majority commences at the age of eighteen
years.
Art. 236, FC. Emancipation shall terminate parental authority
over the person and property of the child who shall then be
qualified and responsible for all acts of civil life, save the
exceptions established by existing laws in special cases.
Contracting marriage shall require parental consent until the age
of twenty-one.
Nothing in this Code shall be construed to derogate from the
duty or responsibility of parents and guardians for children and
wards below twenty-one years of age mentioned in the second
and third paragraphs of Article 2180 of the Civil Code.
Q: What is the effect of Republic Act No. 6809
A: By virtue of this law, emancipation can no longer take place
by virtue of the minors marriage or by the concession of the
parents to a minor in a recorded public instrument.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
SUMMARY JUDICIAL
PROCEEDINGS IN THE FAMILY 66
LAW
Q: What are the matters subject to summary proceedings?
A:
1. Petition for judicial authority to administer or
encumber specific separate property of the
abandoning spouse.
2. Petition for an order providing for disciplinary
measures over a child.
3. Petition for approval of bond of parents who
exercise parental authority over the property of their
children.
4. Judicial declaration of presumptive death.
5. Action of a child for delivery of presumptive
legitime.
6. Judicial determination of family domicile in case of
disagreement between the spouses
7. Objection of one spouse as to the profession of the
other.
8. Action entrusting parental authority over foundlings,
abandoned, neglected or abused children to heads of
institutions.
9. Annulment by wife of the husband's decision in the
administration and enjoyment of community or
conjugal property.
10. Appointment of one of the spouses as sole
administrator but only when the other spouse is
absent, or separated in fact, or has abandoned the
other or the consent is withheld. (Uy v. CA, 2000)
Q: How shall matters subject to summary proceedings be
decided?
A: All cases requiring summary court proceedings shall be
decided in an expeditious manner, without regard to technical
rules.
Since, by express mandate of Article 247 of the Family Code, all
judgments rendered in summary judicial proceedings in Family Law are
immediately final and executory, the right to appeal was not granted to
any of the parties therein. The Republic, as oppositor in the petition for
declaration of presumptive death, should not be treated differently. It
had no right to appeal the RTC decision of November 7, 2001. The RTC's
decision was immediately final and executory upon notice to the parties.
(Republic v. BermudezLorino, January 19, 2005)
Note: However, an aggrieved party may file a petition for certiorari to
question abuse of discretion amounting to lack of discretion. ( Republic v.
Tango, 2009)
Q: What are the procedural rules provided for in this title shall
apply to (Art. 238, FC)
A:
1. Separation in fact between husband and wife
2. Abandonment by one of the other
3. Incidents involving parental authority
Q: What are the requirements to prove separation in fact
A: A verified petition alleging the following facts is required when
(Art. 239):
1. A husband and wife are separated in fact; or,
2. One has abandoned the other
 CIVIL LAW I REVIEWER
Where one of them seeks judicial authorization for a transaction
where the consent of the other spouse is required by law but
such consent is withheld or cannot be obtained, the petition
shall:
1. Attach the proposed deed, if any, embodying the
transaction, if none, shall describe in detail the said
transaction and state the reason why the required
consent thereto cannot be secured.
2. The final deed duly executed by the parties shall be
submitted to and approved by the court.
Q: What Is The Rule On Filing Separate Claim For Damages
A: Claims for damages by either spouse, except costs of the
proceedings, may be litigated only in a separate action. [Art.
240,FC]
Q: Which Court Has Jurisdiction
A: Jurisdiction over the petition shall, upon proof of notice to the
other spouse, be exercised by the proper court authorized to
hear family cases, if one exists, or in the regional trial court or its
equivalent sitting in the place where either of the spouses
resides. [Art. 241, FC]
Q: State The Rule On Notice To Other Spouse [Art. 242, FC]
A:
1. Upon the filing of the petition, the court shall notify
the other spouse, whose consent to the transaction is
required, of said petition, ordering said spouse to
show cause why the petition should not be granted,
on or before the date set in said notice for the initial
conference.
2. The notice shall be accompanied by a copy of the
petition and shall be served at the last known address
of the spouse concerned.
Rule 95 of the ROC, not the Rule on Summary Proceedings in the
Family Code, shall apply in a sale of a conjugal property where
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
one spouse is is an incompetent. A comatose spouse is
incompetent. (Uy Jardeleza vs. CA, 2000) 67
By express provision of law, the judgment of the court in a
summary proceeding shall be immediately final and executory. As
a matter of course, it follows that no appeal can be had of the
trial courts judgment in a summary proceeding for the
declaration of presumptive death of an absent spouse under
Article 41 of the Family Code. (Republic v. Tango, 2009)
In Summary Judicial Proceedings under the Family Code, there is
no reglementary period within which to perfect an appeal,
precisely because judgments rendered thereunder, by express
provision of Section 247, Family Code, supra, are "immediately
final and executory". It was erroneous, therefore, on the part of
the RTC to give due course to the Republics appeal and order
the transmittal of the entire records of the case to the Court of
Appeals. (Rep. v. Bermudez-Lorino, 2005)
FINAL PROVISIONS
Q: What is the rule on the retroactivity of the Family Code?
A:
General Rule: The Code shall have retroactive
effect.
Exception: No retroactivity if it would prejudice
vested rights.
Q: What is a vested right?
A: Some right or interest in property that has become fixed or
established, and is no longer open to doubt or controversy.
Rights are vested when the right to enjoyment, present or
prospective, has become the property of some person as present
interest
 CIVIL LAW I REVIEWER
PROPERTY
INTRODUCTORY CONCEPTS
Q: What is Property?
A: Property is anything which are or maybe the object of
appropriation (Article 414, NCC)
Q: What is the difference between property and things?
A: As to scope, property is technical in concept as it only
embraces anything which is susceptible to
appropriation; while a thing is broader in scope as it
includes anything which may or may not be the object
of appropriation.
Q: What are the characteristics of property?
A: The characteristics of property are:
a. UTILITY, which is the capacity of property to
satisfy human needs and be used to serve an end;
b. SUBSTANTIALITY, that is, the individuality of
property, having a separate and autonomous
existence; and
c. APPROPRIABILITY, which is the susceptibility of
property of being appropriated for private ownership.
TITLE I
CLASSIFICATIONS OF PROPERTY
GENERAL CLASSIFICATIONS
Q: What are the general classifications of property?
A: The general classifications of property are
following:
a. According to nature, property maybe immovable
or real, or movable or personal;
b. According to ownership, property maybe of public
dominion or of private ownership;
c. According to definiteness, property maybe
generic (group or class), or specific
(single/unique);
d. According to existence, property maybe present
(res existents) or future (res futurae);and
e. According to materiality, property may be
tangible or corporeal, or intangible or
incorporeal.
IMMOVABLE/ REAL PROPERTIES
Q: What are the real or immovable properties?
A: The real or immovable properties are further classified
as:
1. IMMOVABLE BY NATURE or those which, by
their nature, are immovable and cannot be moved
from one place to another, such as those under
pars.2 and 8 ,Article 415,NCC :
i. land, buildings, roads and constructions
of all kinds adhered to the soil; and
ii. mines, quarries and slug dumps, while
the matter thereof forms part of the bed,
and waters either running or stagnant.
A house (or a building) is classified as immovable property
by reason of its adherence to the soil on which it is
built. Thus, a building which is merely superimposed
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
68
the soil is not a real property. (Bicerra vs. Teneza, 6 SCRA
649, 651.1962.)
2. IMMOVABLE BY INCORPORATION or those
which are movables but are essentially treated as
immovables by reason of their attachment or
incorporation to an immovable in such a manner
as to be an integral part thereof, such as those
under pars. 2,3,4,6 of Article 415, NCC :
a. trees, plants, and growing fruits, while they
are attached to the land or form an integral
part of an immovable;
NOTE: Growing fruits, although still attached to
the soil, may be treated as personal or movable
property for purposes of sale of the whole or part of
the crops, and for attachment and execution
under the Chattel Mortgage Law
b. everything attached to an immovable in a
fixed manner, in such a way that it cannot be
separated therefrom without breaking the
material or deterioration of the object ;
c. statues, reliefs, paintings or other objects for
use or ornamentation, 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 the tenements;
REQUISITES:
the i. statues, reliefs, paintings must be
placed by the owner of the
immovable or his agent; and
ii. the attachment must be intended to
be permanent
d. animal houses, pigeon-houses, beehives, fish
ponds or breeding places of similar nature, in
ase their owner has placed them or preserves
them with the intention to have them
permanently attached to the land, and
forming a permanent part of it; the animals in
these places are included.
3. IMMOVABLE BY DESTINATION- those
movables which partake of the nature of an
immovable which are intended to be used in a
particular business or industry, such as those
mentioned under pars. 4,5,6,7,9 of Article 415,
NCC:
a. machinery, receptacles, instruments or
implements intended by the owner of the
tenement for an industry or works which may
be carried on in a building or on a piece of
land, and which tend directly to meet the
needs of the said industry or works;
REQUISITES:
i. machinery,receptacles, instruments,
or implements, must be placed by
the OWNER of the tenement or his
authorized agents (if placed by
tenant, considered movable, except
if under the contract of lease, there
on
is an stipulation that the machineries
 CIVIL LAW I REVIEWER
are to be owned by the lessee at the
end of the lease; in which case, the
latter is the owners agent);
ii. they must be intended to be used in
an industry or work, and tend
directly to meet the needs of such;
and
iii. such industry or work must be
carried on in a building or a on a
piece of land.
b. fertilizer actually used on a piece of land; and
c. docks and structures which, through floating,
are intended by their nature and object to
remain at a fixed place on a river, lake, or
coast.
NOTE: Vessels are essentially movable, but they partake to
a certain extent of the nature and conditions of real property
due to their value and importance.
While the two storage tanks are not embedded in the land,
they may, nevertheless, be considered as improvements on
the land, enhancing its utility and rendering it useful to the oil
industry. It is undeniable that the two tanks have been
installed with some deG.R.ee of permanence as receptacles
for the considerable quantities of oil needed by Meralco for its
operations. (MERALCO vs. CBAA, May 31, 1982)
4. IMMOVABLE BY ANALOGY- contracts for public
works, and servitudes and other real rights over
immovable property ( par. 10, Article 415,NCC)
Q: How is the Priniciple of Estoppel applied in the
classification of property as immovable or movable?
A:
The classification of property as an immovable or
movable maybe determined according to the intent of
the parties. When the parties to a contract treats a
property such as building as the subject of a Chattel
Mortgage contract, the building shall be considered as
movable, separate to the land it is attached, and as
such, the parties are bound by their stipulation and
they cannot latter on impugn the same under the
principle of estoppel. The foregoing principle shall not
apply to third parties who are strangers to the said
contract.
A building treated separately from the land on which it stood
is immovable property and the mere fact that the parties to a
contract seem to have dealt with it separate and apart from
the land on which it stood in no wise changed its character as
immovable property.(Punzalan, Jr. v. Vda. De Lacsamana, 121
SCRA 331. 1983)
Q: Transformer units attached to a building were the
subject of a Chattel Mortgage (CHM). Thereafter, the
owner mortgaged the same under a Real Estate
Mortgage (REM)? Which of the two mortgages prevail
if they became due at the same time?
A:
It is the REM which will prevail since the transformer
units are immovable, the same being attached to the
building by the owner to make it an integral part
thereof, and to use the same in a particular industry. If
the mortgagor in the two contracts was only a tenant,
the CHM will prevail as the transformer units are
considered as movable property; except, if there is a
stipulation under the contract of lease that at the end
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
of the lease, the transformer units are automatically
belong to the tenant, in which case, the REM prevails 69
since the tenant is considered as the agent of the
owner.
MOVABLE/ PERSONAL PROPERTIES
Q: What are the movable or personal properties?
A: The movable properties are:
a. Those things which are susceptible to appropriation
not otherwise included under Article 415 of the NCC,
and which can be transported from place to place
without impairment of the real property to which
they are fixed;
b. Real property which by any special provision of law
is considered as personalty (e.g. growing fruits,
while attached to the land, for purposes of the sale
of the whole or part of the crops, for purposes of the
Chattel Mortgage Law, or for purposes of attachment
or execution);
c. Forces of nature which are brought under the
control by science (e.g. gas and electricity);(Article
416,NCC)
d. Obligations and actions which have for their object
movable or demandable sums;and
e. Shares of stock of agricultural, commercial and
industrial entities, although they may have real
estate; (Article 417,NCC)
Q: What are the tests to determine whether a property is
movable or not?
A: The tests to determine whether the property is
movable or not are:
a. Whether the property can be transported from
place to place without injury to the immovable
to which it may be attached (RULE OF
DESCRIPTION); and
b. Whether the property is not included in the
enumeration under Article 415 of the NCC
(RULE ON EXCLUSION).
Q: What are the classifications of movable property?
A: According to their possibility of being consumed,
movable properties may either be:
i. Consumables or those which cannot be
used in a manner appropriate to their nature
without their being consumed; and
ii. Non- consumables or those which can be
used in a manner appropriate to their nature
without their being consumed.(Article 418,
NCC)
According to their possibility of being substituted,
movable properties may either be:
i. Fungible or those which can be substituted
by others of the same kind and quality; and
ii. Non-fungibles or those which cannot be
substituted by others of the same kind and
quality.
 CIVIL LAW I REVIEWER
Q: What is the importance of knowing the distinction
between immovable and movable properties?
A: Knowing the distinction between the classification of
property as immovable or movable is significant in the
following aspects:
a. In criminal cases, to establish what crime is really
committed (e.g. theft is to movables; robbery to
movables or immovables);
International telephone calls placed by Bay Super Orient
Card holders, the telecommunication services provided
by PLDT and its business of providing said services
are not personal properties under Article 308 of
Revised Penal Code. The construction by
respondents of Article 308 of the said Code to include,
within its coverage, the aforesaid international telephone
calls, telecommunication services and business is contrary to
the letter and intent of the law. The words "Personal
property" under the Revised Penal Code must
considered in tandem with the word "take" in the law. The
statutory definition of "taking" and movable property
indicates that, clearly, not all personal properties may be
the proper subjects of theft. The general rule is that, only
movable properties which have physical or material
existence and susceptible of occupation by another
are proper objects of theft. (Laurel vs. Abrogar, G.R. NO.
155076, Jan. 13, 2009)
b. In taxation, to establish what kind of tax be
imposed (e.g. real properties are subject to real
property tax);
SC held that the equipment and machinery, as
appurtenances to the gas station building or shed owned by
Caltex (as to which it is subject to realty tax) and which
fixtures are necessary to the operation of the gas station,
for without them the gas station would be useless, and
which have been attached or affixed permanently to the
gas station site or embedded therein, are taxable
improvements and machinery within the meaning of the
Assessment Law and the Real Property Tax Code.(Caltex
Phils., Inc., vs. CBAA, May 31, 1982)
c. As to forms and solemnities of contract such as
donation or sale, greater requirements are
imposed when the subject of the same is a real
property;
d. In the determination of venue of actions, actions
involving personal properties may be instituted in
the residence of the plaintiff or the defendant, at
the option of the plaintiff; while actions involving
real properties must be instituted in the place
where the real property is located;
e. In acquisitive prescription, personal properties
may be acquired thru 4 (good faith) or 8 years
(bad faith) prescription; while real properties
maybe acquired thru 10 (good faith) or 30 years
(bad faith) prescription; and
f. As to object of accessory contracts, personal
properties are the subject of pledge or chattel
mortgage ; while real properties are the subject of
real estate mortgage.
CLASSIFICATIONS OF PROPERTY
ACCORDING TO OWNERSHIP
Q: What are the classification of property in relation to the
person to whom it belongs?
A: The classification of the properties in relation to the
person to whom it belongs are the following:
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
a. Properties without any known owner (RES 70
NULLIUS);
b. Properties which are of public dominion and are
thus owned by the State (RES COMMUNES);
c. Properties which may be acquired individually or
collectively for private ownership (RES
ALLICUJUS)
Q: What are res nullius properties?
A: Res nullius properties are those without any known
owner, and can be acquired only through the mode of
OCCUPATION, that is, through either fishing or
the
hunting. These res nullius properties includes only
the
personal or movable properties, such as, school of fish
in the sea, animals in the forest and even abandoned
animals. Once occupation was made, the thing itself
must be subjected to physical control, seizure and
be detention of the thing.
Q: What are considered res communes properties?
A: Res communes properties are those belonging to the
State, and are intended for the following (Article
420,NCC) :
a. Those intended for public use, such as
roads, canals, rivers, torrents, ports and
bridges constructed by the State, banks,
shores, roadsteads and others of similar
character. These properties belong to the
public, as a matter of right, for general
use and enjoyment, subject to
regulations by the State;
b. Those intended for public service or
those belonging to the State, without
being for public use (e.g. government
buildings, military camps and navy
ships); and
c. Those that are intended for the
development of national wealth
under the concept of jura regalia, which
are owned by the State, such as mineral
lands, forests, timber lands and other
natural resources (Section 2, Article XII,
1987 Constitution).
NOTE: For provinces, cities, and municipalities, they owned
properties intended only for public use, which they paid for or
acquired either through onerous/ gratuitous title or those
conveyed to them by the State (Article 424, NCC). All
properties not acquired by the LGUs through the foregoing
modes shall remain to be owned by the State, the former
being only a mere trustee of the same.
Q: What are the characteristics of properties of
public dominion?
A: The characteristics of properties of public dominion are
the following:
a. They are outside or beyond the commerce of
man; hence, cannot be alienated or leased or
otherwise be the subject matter of contracts;
except, if such contract is temporary in character
such as those allowed by the 1987 Constitution;
Properties of public dominion is outside the commerce of
mend and it cannot be alienated or leased or otherwise be
the subject matter of contracts. (Dacanay vs Asistio,Jr 208
SCRA 404 )
Properties of public dominion may not be alienated
but may be subject to joint venture, or production-sharing
 CIVIL LAW I REVIEWER
agreements with private individuals or corporations for
their exploration, development and utilization
(Menchavez vs Teves, Jr, 449 SCRA 380) 71
b. They cannot be the subject of ACQUISITIVE
PRESCRIPTION. Since properties of public domain
are not susceptible to private appropriation,
they cannot be registered under the Land
Registration Law, and be the subject of a Torrens
title;

Properties of public dominion is not susceptible to private

appropriation and cannot be acquired by acquisitive
prescription and thus they cannot be registered under
the Land Registration Law and be the subject of a
torrents title. (Republic vs CA, 132 SCRA 514 )
c. They cannot be the subject of taxation;
d. They are not subject to levy, encumberance or
disposition through public or private sale;
otherwise, the same would be void for being
contrary to public policy; and
e. They cannot be burdened by any voluntary
easements;

Q: What are considered res allicujus properties?

A: Res allicujus properties are those properties that
maybe subject to private ownership, and shall include:

a. Patrimonial properties of the State, cities,

municipalities and provinces:

i. These are properties of public dominion no

longer intended for public use or for public
service (Article 422, NCC); and are
ii. Intended to meet the economic ends of the
State

NOTE: The conversion of property of public domain to

patrimonial property must be through an AFFIRMATIVE act
either by the executive or legislative; hence, there must be a
law or ordinance reclassifying the property of public
domain to patrimonial property. Furthermore, patrimonial
properties may be the subject of acquisitive prescription.

The classification of land is descriptive of its legal nature or

status and does not have to be descriptive of what the land
actually looks like. The fact that the area within which the
subject parcels of land are located is being used for
residential and commercial purposes does not serve to
convert the subject parcels of land into agricultural land. It
is fundamental that before any land may be declassified
from the forest group and converted into alienable or
disposable land for agricultural or other purposes, there
must be a positive act from the government. (Yu Chang v.
Republic, G.R. NO. 171726. Feb. 23, 2011)

b. Those properties owned by private persons,

either individually or collectively.(Article 425,
NCC.)

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
TITLE II - OWNERSHIP
Q: What is ownership?
A: Ownership is an independent right of exclusive
enjoyment and control of a thing for the purpose of
deriving therefrom all advantages required by
reasonable needs of the owner and the promotion of
the general welfare but subject to the restrictions
imposed by law and the rights of others. (Outline of
Civil Law, Reyes and Puno, Vol. II,20.)
Q: What may be the subject matter of ownership?
A: Ownership may be exercised over things and rights
(Article 428,NCC).
Q: What are the kinds of ownership?
A: The kinds of ownership are:
a. FULL OWNERSHIP (dominium or jus in re
propia) which includes all the rights of the owner;
b. NAKED OWNERSHIP (nuda proprietas) where
the right to the use and the fruits(usufruct) has
been denied;
c. SOLE OWNERSHIP or where the ownership of a
property is vested only in one person; and
d. CO-OWNERSHIP where ownership is vested in
two or more persons, and there is unity of the
property and plurality of the subjects.
Q: What are the attributes of ownership?
A: The attributes of ownership are:
a. The right to enjoy, which includes:
i. The right to use (JUS UTENDI);
ii. The right to enjoy the fruits (JUS FRUENDI);
iii.The right to consume or abuse the thing by
its use (JUS ABUTENDI); and
iv. The right to possess (JUS POSSEDENDI);
b. The right to the accessions on the property
(JUS ACCESIONES);
c. The right to dispose (JUS DISPONENDI), or the
right to alienate, encumber, transform, or even to
destroy the property; and
d. The right to vindicate (JUS VINDICANDI), or the
right of action available to the owner to recover
the property against the holder or possessor or to
exclude others from possession of the thing.
RIGHT TO ENJOY
Q: What does the right to enjoy the property include?
A: The right to enjoy the property is to employ the same
for the purpose for which it is fit, without destroying it,
and which employment can therefore be repeated. It
includes the right to possess and use the property, to
enjoy its fruits and to consume or abuse the same. In
the use and enjoyment of the property, however, the
owner must make use thereof in such a manner as not
to injure the rights of a third person (Article
431,NCC).Otherwise, the owner may be liable for
damages in case there is abuse of rights; except, if the
exercise of such right is proven to be done in good
faith (damnum absque injuria).
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
Q: When is the right to exclude other persons from the
enjoyment and disposal of the property necessary and
justified?
72
A: The owner or lawful possessor of a thing has the right
to exclude any person from the enjoyment and
disposal thereof, and may use such force as may be
reasonably necessary to repel or prevent an actual or
threatened unlawful physical invasion or usurpation of
a property- DOCTRINE OF SELF-HELP (Article
429,NCC).
Requisites of the Doctrine of Self-help:
i. The force must be employed by the
owners of the property, or any of its
lawful possessor;
ii. There must be an actual or threatened
unlawful physical invasion or usurpation
of ones own property; and
iii. It must be exercised at the time of actual
or threatened dispossession, such that,
there must be no lapse of time from the
actual or threatened usurpation or
invasion to the employment of force by
the owner or lawful possessor.
The doctrine of self-help can only be exercised at the time of
actual or threatened dispossession, and not when possession
has already been lost. (German Management & Services,
Inc. v. CA. 177 SCRA 495 1989)
Q: When is the right to prohibit interference of other
persons from the property may not be exercised by the
owner thereof?
A: To note, the owner of a property may enclose or fence
his land or tenements by whatever means, without
detriment to the servitudes constituted thereon, to
prohibit the interference of third persons (Article 430,
NCC).However, the owner may be limited in exercising
the same if the interference is necessary to avert an
imminent danger and the threatened damage,
compared to the damage arising to the owner from the
interference, is much greater. The owner may however
demand from the person benefited indemnity for the
damage to him- DOCTRINE OF STATE OF
NECESSITY (Article 432, NCC).
Requisites of the Doctrine of State of
Necessity:
i. There must be a situation of grave peril, an
actual or imminent danger, either upon the
person of the actor or a third person or their
property;
ii. The interference is necessary to avert such
danger;
iii. The threatened damage, compared to the
damage arising from the owner from the
interference, is much greater; and
iv. The state of necessity must not be brought
about by the intentional provocation of the
party invoking the same.
NOTE: The owner of the property is compelled to tolerate
the destruction of his property; thus, there is a corollary duty
from those persons who benefited from the same to pay the
proper indemnity for the damages suffered by
the owner of the sacrificial property.
 CIVIL LAW I REVIEWER
Q: Which prevails in case of conflict between the Doctrine
of Self- Help and Doctrine of State of Necessity?
A: In case of a conflict between the exercise of a right of
self-help and the proper and licit state of necessity, the
latter prevails because there is no unlawful aggression
when a person or a group of persons acts pursuant to
the right given in a state of necessity.
Q: What is the extent of ownership of a property? How far
up and how far down?
A: The owner of a parcel of land has the right over the
following as part of his property:
a. Right to the Surface The owner of a parcel of
land is the owner of its surface and he can
construct thereon any works or make plantations
as he may deem proper;
b. Right to the Sub-surface The owner of a
parcel of land also owns everything under the
surface of his property and he can make
excavations thereon to such height or depth
where it is possible to obtain benefit or
enjoyment, subject to limitations provided for by
law; and
Rights to the sub-surface or sub-soil are indivisible, and,
consequently, require a definitive and categorical
classification.(Republic of the Philippines v. Court of
Appeals, 160 SCRA 228 )
c. Right to the Airspace The landowner has the
exclusive control of the immediate reaches of the
enveloping atmosphere or such space above the
ground as he can occupy or use in connection with
the land (reasonable height), subject to the height
restrictions annotated in the certificate of title of
his land, and the reasonable requirements of
aerial navigation. (Article 437, NCC).
NOTE: The right of the landowner over the surface and sub-
surface must be without detriment to servitudes and is
regulated by laws and ordinance. (Article 437, NCC). Thus,
when the landowner wishes to cut trees growing on the
surface of his land, he must obtained proper permit from the
Department of Environment and Natural Resources.
The landowners right extends to such height or depth
where it is possible for them to obtain some benefit or
enjoyment, and it is extinguished beyond such limit as there
would be no more interest protected by law. In this case,
the landowners could have dug upon their property
motorized deep wells but were prevented from doing so by
the authorities precisely because of the construction and
existence of the tunnels underneath the surface of their
property. (National Power Corporation v. Ibrahim, 526 SCRA
149 2007)
RIGHT TO THE FRUITS
Q: What does the right to the fruits include?
A: The right to the fruits (jus fruendi) of the property
covers natural, industrial and civil fruits arising out
from the property owned.
Q: What is a hidden treasure?
A: For a property to be considered a hidden treasure, the
following must be present:
a. The deposit of money, jewelry, or other precious
objects must be hidden and unknown; and
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
b. The lawful ownership of which must not appear.
(Article 439, NCC). 73
Note: Natural resources such as gold mines, diamond
mines, coal, petroleum, mineral, oil, are owned by
the State under the Regalian Doctrine, even if
the same be found under private lands.
Q: What are the rules on hidden treasure?
A:
The rules regarding the ownership of a hidden treasure
are the following:
a. If the finder is the owner of the land, building, or
property on which the treasure is found, the same
shall be owned by him;
b. If the finder is not the owner, but a third person,
and the finding of the treasure is by chance, the
finder is entitled to one-half of the treasure; while
the other half belongs to the owner;
c. If the finder is a trespasser, he shall not be
entitled to any share of the treasure and shall
belong solely to the owner of the property on
which the treasure is found; and
d. If the things found be of interest to science or the
arts, the State may acquire them at their just
price, which shall be divided in conformity with the
rules stated. (Article 438, NCC).
When a person who finds a thing that has been lost or
mislaid by the owner takes the thing into his hands, he
acquires physical custody only and does not become
vested with legal possession. In assuming such custody,
the finder is charged with the obligation of restoring the
thing to its owner. It is thus respondents duty to report
to his superior or his officemates that he found
something. (Palero-Tan v. Urdaneta AM NO. P-07-
2399, Jun. 18, 2008 )
RIGHT TO RECOVER
Q: What is the right to recover a property?
A: As a consequence of ownership of property, the owner
of the same has the right of action against the holder
or possessor of the property in order to recover the
same. (Article 428, NCC). Furthermore, every actual
possessor under a claim of ownership are presumed to
be the owner of the property and may resort to such
judicial means as allowed by law and the Rules of
Court to restore said possession. (Article 433 & 539,
NCC).
Q: What then are the actions/remedies available for the
recovery of property?
A: To note, the owners or possessors of a property has
no authority to use force and violence to eject alleged
usurpers of the property, but must resort to judicial
process for the recovery of ownership or possession of
the property. (Article 433, NCC).These actions or
remedies include the following:
1. For recovery of real properties:
a. ACCION INTERDICTAL, the main purpose
of which, is to recover material or physical
possession over the property (de facto
possession). It may either be an action for
FORCIBLE ENTRY or an action for
UNLAWFUL DETAINER under Rule 70, of
the Rules of Court, which is a summary
proceeding.
 CIVIL LAW I REVIEWER
UNLAWFUL DETAINER FORCIBLE d. ACTION FOR RECONVEYANCE or the
ENTRY action to recover the real property if the same
As to when possession become unlawful is already registered under the Torrens
74
Possession is inceptively lawful but Possession of the system, but where such registration was
becomes illegal from the time defendant is unlawful actually attended by fraud, and that the
defendant unlawfully withholds from the employment of registered owner has in fact no legal title
possession after the expiration or FORCE, INTIMIDATION, thereto. This action must contain an
termination of his right thereto. THREAT,STEALTH, or allegation of the creation of IMPLIED TRUST
STRATEGY in for the benefit of the lawful owner. It must be
A person who occupies the land of dispossessing the lawful
file within 10 years from registration if the
another at the latter's tolerance or owner or possessor from
permission, without any contract the property
ground is based on implied trust; otherwise, if
between them, is necessarily bound the ground is founded on patent nullity, the
by an implied promise that he will same is imprescriptible.
vacate the same upon demand,
failing which a summary action for 2. For recovery of movable properties, the action
ejectment is the proper remedy available is REPLEVIN under Rule 60 of the Rules
against them. of Court. This is an action in personam, which is
( Barrientos v.Rapal, G.R. NO. available whenever a personal property has been
169594,July 20, 2011)
unlawfully detained by another person to the
As to the issue
Physical possession (De facto possession)
detriment and prejudice of the lawful owner. It is
As to when the prescriptive period is counted an essential allegation in the said action that the
Within 1 year from the last written a. Within 1 year subject property has not been seized for execution
demand to vacate from actual purposes or has not been taken for taxation
ouster if purposes.
dispossession
was through A property that is validly deposited in custodial legis
force, cannot be the subject of a replevin suit. (Calub vs. Court
intimidation, of Appeals, 331 SCRA 55.2000)
and threat;
Note: In all these actions to recover a property, the plaintiff
b. Within 1 year must prove:
from discovery a. that he has a better title over the property;
if dispossession b. the disputed property must be clearly identified; and
was through c. that the plaintiff must rely on the strength of his title,
stealth or and not on the weakness of the defendants claim.
strategy (Article 434, NCC).
As to which court has jurisdiction
MUNICIPAL TRIAL COURT RIGHT TO DISPOSE
(where the land/property is located)
Q: What is the right to dispose?
A: The right to dispose includes the right to alienate the
In forcible entry, the possession is illegal from the beginning
property, gratuitously or onerously, such as to donate,
and the only issue is who has the prior possession de facto.
In unlawful detainer, possession was originally lawful but
sell, pledge or mortgage the same. A seller need not
became unlawful by the expiration or termination of the be the owner at the time of perfection of the contract
right to possess and the issue of rightful possession is the of sale, it being sufficient that he be the owner at the
one decisive, for in such action, the defendant is the party in time of delivery. However, in a mortgage or pledge, it
actual possession and the plaintiff's cause of action is the is necessary that the mortgagor or pledgor must own
termination of the defendant's right to continue in possession. the property; otherwise, the same would be void.
(Del Rosario v. Roxas Foundation,,June 8, 2011 )
LIMTITATIONS ON OWNERSHIP
b. ACCION PUBLICIANA, which is a plenary
action, the purpose of which is to recover de Q: May a persons ownership or possession over his
jure possession, after the expiration of 1 year property be deprived?
from accrual of the cause of action or from A: YES. A person may be deprived of his property but
forcible entry or unlawful detainer. It must be only by competent authority, that is, by the State and
file within 10 years from dispossession before its agencies and instrumentalities, including the local
the proper court basing on the assessed value government units, for public use, or in the interest of
of the property; health, safety or security, subject to the payment of
just compensation in proper instances. (Article 435 and
c. ACCION REINDIVICATORIA or an action 436, NCC).
to recover ownership or title over the real
property, which must be filed within 10 years Q: What are the general limitations on the right of
(good faith) or 30 years (bad faith) from the ownership over ones own property?
accrual of the cause of action, before the A: The ownership over the property is limited by the
proper court basing on the assessed value of following as exercised by the State, its agencies and
the property; instrumentalities, including the local government units,
to wit:
Note: This remedy shall not be available if the
subject property already passed to the hands of an
innocent party or buyer in good faith.
a. Police Power of the State, that is, when the
State regulate or restrict the use of ones property

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
for the promotion of general welfare, as long as
the means employed are reasonably necessary for
the accomplishment of the purpose, and is not
duly oppressive upon individuals;
b. Power of Eminent Domain, that is, when the
State takes a private property for public use upon
proof of the necessity of taking the same, and
payment of just compensation, through
expropriation proceedings as required by the Rules
of Court; and
Note: If the private property taken is noxious or
intended for a noxious purpose, or if the property is
condemned in the interest of health, safety, or security,
the taking of the same is not compensable.
c. Power of Taxation.
Q: What are the other limitations upon the right of
ownership?
A: The other limitations on the ownership of property are
the following:
a. Those that are imposed by law, such as legal
easements (Article 634, NCC) ; the prohibition on
the alienation or encumberance of lands acquired
through free patent or homestead, within 5 years
from the issuance of such patent (Section 118,
C.A. No. 141); and that the owner of a property
cannot make use thereof in such a manner as to
injure the rights of third persons (Article 431,
NCC);
b. Those imposed under a contract or agreement,
such as voluntary easements; and
c. Those imposed by the owner himself such as,
when the testator prohibits the alienation of the
property given by will, but the same shall not
exceed 20 years.
ACCESSION
Q: What is accession?
A: Accession is the right of the owner of a thing to
become the owner of everything that is produced
thereby or which may be inseparably attached or
incorporated thereto, either naturally or artificially.
(Article 440,NCC)
Q: Is accession a mode of acquiring ownership?
A: NO. Accession is not a mode of acquiring ownership,
but only a consequence of the right of ownership.
Furthermore, accession is not included in the
enumerations provided under the Article 712 of the
Civil Code as a mode acquiring ownership.
Q: What are the kinds of accession?
A: Accession has two kinds. One is ACCESSION
DISCRETA, which is the right of the owner of a
property to whatever is produced thereby or to the
fruits of the same. The other one is ACCESION
CONTINUA, which is the right pertaining to the owner
of a thing over everything which is attached or
incorporated thereto, either naturally or
artificially.(Article 440,NCC)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
ACCESION DISCRETA
Q: What does accession discreta include? 75
A: Accession discreta includes everything which is
produced from the property owned, which may either
be:
a. Natural fruits or spontaneous products of
the soil and the young and other products of
animals (e.g. wild fruits, herbs, milk from
animas, wool, eggs, animals dung and
manure);
b. Industrial fruits or those produced by
lands of any kind through cultivation or labor
(e.g. palay, coffee beans from coffee
plantation, corn, sugar, vegetables produced
by farmers); and
c. Civil fruits or the rents of buildings, the price
of leases of lands and other property and the
amount of perpetual or life annuities or other
similar income. (Article 442, NCC).
Note: Salaries or wages are not considered as
similar income to be treated as accession discreta,
as they are only renumerations of the services
rendered, and do not derived from movable or
immovable properties.
Q: To whom does the offspring of animals belong when
the male and female belong to different owners?
A: If the young or offspring is a product of animals
belonging to different owners, the young belongs to
the owner of the female parent, in the absence of any
agreement, custom or speculation to the contrary,
following the principle of partus sequitur ventremthe
offspring belongs to the owner of the female. (US vs.
Caballero, 25 Phil. 356.1913)
Note: In case there would be a mixture of animals, such as
cattles, and there is no agreement, the abovementioned principle
shall be applied.
Q: When is the offspring considered a fruit?
A: As a general rule, only such as are manifest or born
are considered as natural or industrial fruits. However,
the young of an animal is considered a fruit from the
time the unborn animals fetus or conception becomes
apparent or manifest. Thus, with respect to animals, it
is sufficient that they are in the womb of the mother,
although unborn. (Article 444, NCC).
Q: When is the owner of a property not entitled to the
natural, industrial or civil fruits of the property?
A: The owner of the property is not entitled to the fruits
of the property in the following instances:
a. In usufruct, the usufructuary shall be entitled to
all the natural, industrial, and civil fruits of the
property in usufruct (Article 566, NCC);
b. In lease of rural land, the lessee is entitled to
the natural and industrial fruits of the thing leased
while the lessor is entitled to the civil fruits in the
form of rent paid by the lessee (Article 1654,NCC);
c. In antichresis, the creditor acquires the right to
receive the fruits of an immovable of his debtor,
while the obligation to apply them to the payment
of the interest, if owing, and thereafter to the
principal of his credit (Article 2132,NCC);
d. A possessor in good faith is entitled to the
fruits received by him before his possession is
legally interrupted (Article 544,NCC); and
 CIVIL LAW I REVIEWER
e. Fruits naturally falling upon adjacent land belong PENDING/ GROWING FRUITS
to the owner of the said land and not to the owner 76
of the tree. LANDOWNER PLANTER / SOWER
Good Faith
Q: Who shall pay the expenses for production, gathering,
and preservation of fruits? Entitled to the fruits and
may at the discretion of
A: The recipient of the fruits has the obligation to pay the
landowner finish the
expenses made by a third person in their production, cultivation and gathering of
gathering, and preservation, whether such person the fruits
acted in good faith or bad faith. (Article 443,NCC). It is
to note that the fruits must have already been
gathered and thereafter received by another person, Good Faith Bad Faith
not when the same are still pending.
Keeps the fruits, but shall Loses all his rights over the
Q: When is a possessor considered in good faith? reimburse planter the thing planted or sowed, but
A: A possessor is in good faith when he is not aware that expenses for the production, entitled to indemnity for
there exists in his title or mode of acquisition any flaw sharing and gathering of expenses incurred
or defect which invalidates it. (Article 526, NCC). fruits he incurred including
the necessary expenses for
the preservation of the land
Q: When is a possessor considered in bad faith?
A: A possessor is in bad faith when he is aware that there Bad Faith Good Faith
exists in his title or mode of acquisition any flaw or
defect which invalidates it. (Article 526, NCC). Liable for damages and shall Fruits shall belong to him,
reimburse the expenses and he has the option either
To be deemed a builder in good faith, it is essential that a incurred by the possessor- to remove the same or
person asserts title to the land on which he builds, i.e., it is planter/sower in the continue the cultivation and
essential that he be a possessor in concept of owner and production, sharing and gathering of the fruits
that he be unaware that there exists in his title or mode of gathering of fruits
acquisition any flaw which invalidates it. (Mercado v. CA, 162
SCRA 75, 85 1988 ) Bad Faith Bad Faith
Bad Faith plus Bad Faith= Good Faith
Q: Who owns the fruits which are still pending/ growing
at the time possession is recovered by the owner from Q: Who has the right over the fruits which were already
a mere possessor who did the planting or sowing? gathered and harvested at the time the possession is
A: As to who owns the fruits still pending in the recovered by the owner from a mere possessor who
abovementioned situation, the following rules shall did the planting or sowing?
apply: A: As to who owns the fruits already gathered or
harvested in the abovementioned situation, the
a. If both the landowner and possessor- following rules shall apply:
planter/sower are in good faith, the latter shall be
entitled to all the fruits and may at the a. If both the landowner and possessor-
landowners discretion finish the cultivation and planter/sower are in good faith, the latter shall be
gathering of the fruits(Article 545,NCC); entitled to all the fruits received, and the former
has no obligation to reimburse the planter/ sower
b. If the landowner is in good faith and possessor- for any expenses incurred since the latter retains
planter/sower acted in bad faith, the latter shall the fruits (Article 544, NCC);
lose all his rights over the thing planted or sowed,
but the landowner shall reimburse to him the b. If the landowner is in good faith and possessor-
necessary expenses he incurred for the planter/sower acted in bad faith, the latter shall
preservation of the land. (Article 546 and 443, lose his rights over the fruits gathered and the
NCC); same shall belong to the landowner, subject to the
obligation of the latter to reimburse the possessor-
c. If the landowner is in bad faith and the possessor- planter/sower the expenses for the production,
planter/sower is in good faith, the land owner is gathering and preservation of said fruits (Article
liable for damages and shall pay indemnity on the 443,NCC);
expenses incurred by the possessor-planter/sower,
while the latter shall has the option to either c. If the landowner is in bad faith and the possessor-
remove what had been planted or sowed, or to planter/sower is in good faith, the land owner
finish the cultivation and gathering of the fruits, shall liable for damages, and the fruits gathered
which shall belong to him. (Article 545, NCC); and shall belong to the possessor-planter/sower; and

d. If both the landowner and possessor- d. If both the landowner and possessor-
planter/sower acted in bad faith, the bad faith of planter/sower acted in bad faith, the bad faith of
the other neutralizes the bad faith of the other, the other neutralizes the bad faith of the other,
and both are considered to have acted in good and both are considered to have acted in good
faith; hence, the 1st rule above shall be applied. faith; hence, the 1st rule above shall be applied.

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
GATHERED FRUITS d. That no one shall unjustly enrich himself at the
expense of another; 77
LANDOWNER PLANTER/ SOWER e. That, as a general rule, punitive liability attaches
Good Faith to the party who acts in bad faith, but not the
party who acts in good faith;
No need to reimburse Keeps the fruits f. That bad faith subjects a person to damages and
planter for expenses as
other unfavorable consequences; and
he retains the fruits
g. That bad faith neutralizes the bad faith of the
other and both should therefore be considered as
Good Faith Bad Faith having acted in good faith.

Owns the fruits, but shall Loses all his rights over the Q: When is a landowner considered to be in good faith or
pay the planter the fruits, but is entitled to the in bad faith?
expenses for the reimbursement for expenses
production, gathering and he incurred A: The landowner is considered to have acted in good
preservation of the fruits faith if he did not know or was not aware that
including necessary
something was being built, planted or sown on his land
expenses for the
preservation of the land or that he learned it only after the act was done. He is
considered in bad faith if he, after knowledge and
Bad Faith Good Faith awareness that something is being built, planted, or
sown on his land, did not raise any objection or
Liable for damages Keeps the fruits opposition thereto.

Bad Faith Bad Faith Q: When is a builder, planter, or sower considered to be

Bad Faith plus Bad Faith= Good Faith
A: A builder, planter, or sower is considered to have acted
ACCESION CONTINUA
Q: What is accession continua?
A: Accession Continua is the right pertaining to the owner
of a thing over everything which is incorporated or
attached thereto, either naturally or artificially.
Q: What are the kinds of accession continua?
A: The kinds of accession continua are the following:
a. With regard to immovable property, accession
continua may either be:
in good faith or in bad faith?
in good faith if he believed that he had the right to
build, plant or sow because he thinks that he owns the
land or believes to have a claim if title over the same.
However, it must be shown that he is a possessor of
the land in the concept of owner, and that he is not
aware that there exists in his title or mode of
acquisition any flaw which invalidates it. On the other
hand, a builder, planter, or sower is considered to have
acted in bad faith if, being aware that there exists in
his title or mode of acquisition any flaw or defect which
invalidates it, he still build, planted or sown on the
land.

i. accession industrial, or that which takes ACCESION CONTINUA ON IMMOVABLE PROPERTY:

place in case of building, planting or
sowing; and
ii. accession natural, which may either be in
the form of alluvion or alluvium, avulsion,
change of river beds, or formation of
islands;
b. With regard to movable property, accession
continua may occur in case of adjunction or
conjunction, commixtion or confusion, and
specification.
Q: What are the basic principles governing accession
continua?
A: The basic principles governing accession continua are:
a. That the owner of a thing belongs the extension
or increase of such thing;
b. That this extension of the right of ownership is
realized, as a general rule, under the principle that
the accessory follows the principal (Accessio cedit
prinicipali);
c. That the incorporation of the accessory with the
principal, saving the exceptions provided by law, is
effected only when two things are so united that
they cannot be separated without injuring or
destroying the juridical nature of one of them;
ACCESSION INDUSTRIAL
Q: What are the three scenarios in accession industrial?
A: The three scenarios in industrial accession are the
following:
a. The building, planting, or sowing on ones own
land with materials belonging to another (Article
447,NCC);
b. The building, planting, or sowing with ones own
materials on the land of another (Article 448,
NCC); and
c. The building, planting, or sowing on the land of
another with materials belonging to a third person
(Article 455 in relation to Articles 447 and 448,
NCC).
Q: What are rights and obligations of the parties when
the landowner builts, plants, or sows on his own land
using materials belonging to another person?
A: The rights and obligations of the parties when the
landowner builts, plants, or sows on his own land using
materials belonging to another person are the
following (Article 447,NCC):
a. If the landowner-builder, planter sower (LO-BPS)
acted in good faith and the owner of the materials
(OM) also acted in good faith, the LO-BPS has the

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
option to either appropriate what he had built, Article 447,NCC
planted, or sown, but must pay the value of the 78
materials to OM; or he can choose to remove LANDOWNER OWNER OF THE
the materials and return the same to the owner if (LO-BPS) MATERIALS (OM)
it can be returned to the latter exactly in the same Good faith
form and substance and without causing injury to
the land; Options:
a. appropriate what Demand value of the
he had built, materials appropriated
b. If the landowner-builder, planter sower (LO-BPS) planted, or sown, by LO-BPS
acted in good faith and the owner of the materials but must pay the
(OM) acted in bad faith, the LO-BPS has the same value of the
rights as mentioned above even causing injury to materials to OM;
the land in case of removal, and he has no longer or
the obligation to pay the OM the value of the b. remove the
materials; while the latter shall lose his materials materials and
without any right whatsoever and may be liable return the same
without causing
for damages based on the consequences arising
injury to the land
from the inferior quality of his materials; Good Faith Bad Faith

c. If the landowner-builder, planter sower (LO-BPS) Options: a. loses his

acted in bad faith and the owner of the materials a. appropriate what materials
(OM) acted in good faith, the LO-BPS has no he had built, without any
longer the right to appropriate or remove the planted, or sown, right
materials, and he is liable to pay damages and with NO whatsoever;
obligation to pay and
other unfavorable consequences to the OM. The
the value of the
latter, on the other hand, shall have the right to materials to OM; b. liable for
demand from the LO-BPS the value of the or damages
materials plus damages, or to remove the same b. remove the based on the
even if injury be caused to the land or thing upon materials in any consequences
which the materials are attached plus damages; event arising from
and the inferior
quality of his
materials
d. If both the landowner-builder, planter sower (LO-
Bad Faith Good Faith
BPS) and the owner of the materials (OM) acted in
bad faith, the bad faith of one neutralizes the bad a. No right to Options:
faith of the other, such that both should therefore appropriate or a. Demand the
be considered as having acted in good faith, and remove the value of his
the 1st rule above shall then be applied. materials; and materials plus
damages; or
b. Liable to pay
damages and b. remove the
other unfavorable materials in
consequences to any event
the OM plus damages
Bad Faith plus Bad Faith= Good Faith

Q: What are rights and obligations of the parties when a

person, using his own materials builts, plants, or sows
on a land belonging to another person?
A: The rights and obligations of the parties when a
person, using his own materials, builts, plants, or sows
on a land belonging to another person are the
following (Article 448, NCC):

a. If the landowner (LO) acted in good faith and the

owner of the materials, who is the builder, planter
sower (OM-BPS) also acted in good faith, the LO
has the option either to:

i. To appropriate as his own the works,

sowing, or planting, only after the
payment of all necessary and useful
expenses, including expenses for pure
luxury or mere pleasure; or

Note: If the landowner chose this option, the

OM-BPS shall have the right of retention over
the land and what was built, planted or sown,
until he is indemnified of the value thereof
plus the necessary, useful or luxurious

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
expenses, by the LO. Hence, ownership can
only be vested upon the LO after payment of
the same. Furthermore, during such retention
period, OM-BPS cannot be compelled to pay
rentals, unless otherwise agreed upon.
ii. To oblige the OM-BPS to pay the price of
the land, if the value of the land is not
considerably more than that of the
works, planting or sowing
Note: If the value of the land is more than
that of the works, planting or sowing, and the
LO does not choose the 1st option, he cannot
oblige the OM-BPS to pay the price of the
land, but shall instead, demand the proper and
reasonable rent over the land, as agreed upon
them, or if they cannot agree thereto, the
court shall fix the same.
In the event the landowner elects to sell the land
to the builder in good faith, the price must be
fixed at the prevailing market value at the time of
payment. In the event of the failure of the builder
to pay the land, after the owner thereof has
chosen this alternative, the builders right of
retention provided in Article 546 is also lost.
(Ballatan v. Court of Appeals 304 SCRA 37 1999)
b. If the landowner (LO) acted in good faith and the
owner of the materials, who is the builder, planter
sower (OM-BPS) acted in bad faith, the LO shall
have the options either:
i. To appropriate the works, planting or
sowing, without need of paying
indemnity, plus damages. However, as to
fruits already received, LO shall
reimburse the OM-BPS who acted in bad
faith such necessary expenses incurred
for the preservation of the land. (Article
449 and 452,NCC);or
ii. To demand the demolition or removal of
whatever had been built, planted or sown
in bad faith in any event, even if
damages will be caused by such
separation, at the expense of the OM-
BPS, plus damages (Article 450,NCC); or
iii. To compel the OM-BPS who acted in bad
faith to pay the price of the land, even if
the value of the same is considerably
more than that of the works, sowing or
planting, plus damages. (Article
450,NCC).
Note: As to the OM-BPS who acted in bad
faith, he loses all his rights over what he was
built, planted or sown, without any right of
indemnity. (Article 449, NCC).
c. If the landowner (LO) acted in bad faith and the
owner of the materials, who is the builder, planter
sower (OM-BPS) acted in good faith, the LO shall
have no right to appropriate what had been built,
planted or sown, and shall pay the OM-BPS the
value of the materials, plus damages. The OM-BPS
who acted in good faith shall have the right either:
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
i. To demand from LO the value of the
materials and the reasonable
compensation for his labor, plus
79
damages; or
ii. To demand the removal and return of his
materials even though the same may
cause injury to the land; or
iii. To compel LO to appropriate what has
been built, planted, or sown or for the
latter to buy the same.
d. If both the landowner LO and the owner of the
materials builder, planter, or sower (OM-BPS)
acted in bad faith, the bad faith of one neutralizes
the bad faith of the other, such that both should
therefore be considered as having acted in good
faith, and the 1st rule above shall then be applied.
Q: If, in the above situations, the LO who is in good faith
chose to compel the BPS to pay the price of the land
(if the value of the same is not considerably more than
that of the value of the works, planting, or sowing),
but the BPS in good faith vehemently refuse to pay the
same, is the landowner the automatic owner of the
works, planting, or sowing?
A: NO. In the event the LO chose to compel the BPS to
pay the price of the land if the value of the same is not
considerably more than that of the value of the works,
planting, or sowing, and the BPS in good faith refuse
to pay the same, the landowner does not automatically
become the owner of the works, planting, or sowing,
but shall have the following remedies:
i. The landowner may file an action for collection
of sum of money;
ii. The parties may decide to leave things as they
are and assume the relation of lessor and lessee,
but the BPS cannot be compelled by neither the
landowner nor by a court order to enter into such
lease(Miranda vs Fadullan, 97 Phil. 801);
iii. The landowner is entitled to have the works,
planting, or sowing removed from his land
(Ignacio vs. Hilario, 76 Phil. 605); and
iv. The land may be sold in a public auction
applying the proceeds thereof first to the payment
of the value of the land and the excess, if any,
shall be delivered to the owner of the house in
payment thereof (Bernardo vs. Bataclan, 61 Phil.
428).
The right of retention is considered as one of the measures
devised by the law for the protection of builders in good faith.
Its object is to guarantee full and prompt reimbursement as it
permits the actual possessor to remain in possession while he
has not been reimbursed (by the person who defeated
him in the case for possession of the property) for those
necessary expenses and useful improvements made by him
on the things possessed.
(Nuguid v. CA, 452 SCRA 243, 252 2005)
 CIVIL LAW I REVIEWER
ARTICLE 448, NCC
LANDOWNER (LO) OWNER OF THE Q: What are rights and obligations of the parties when a 80
MATERIALS ( OM-BPS) person, using materials of another (third person)
Good Faith builts, plants, or sows on a land belonging to another?
Options: A: The rights and obligations of the parties when a
a. appropriate as his a. right of retention
person, using materials of another (third person)
own the works, over the land and
sowing, or planting, what was built,
builts, plants, or sows on a land belonging to another
upon payment of planted or sown, are the following:
all necessary, until he is
useful and indemnified of the a. If the landowner (LO), builder, planter, sower
luxurious expenses; value thereof plus (BPS) and the owner of the materials (OM) all
or reimbursement for acted in good faith, the rules are:
the necessary,
b. to oblige the OM- useful or luxurious
i. As to the relationship between the LO and
BPS to pay the expenses;
price of the land, if
BPS, the same shall be governed by Articles
the value of the b. cannot be 447 and 448 of the NCC as the case may be.
land is not compelled to pay Thus, the LO has the option either to
considerably more the price of the appropriate the works, planting or sowing and
than that of the land if the value of pay the value thereof plus the necessary,
works, planting or the land is not useful or luxurious expenses, or to compel the
sowing considerably more BPS to pay the price of the land if the value
than that of the
thereof is not considerably more than that of
works, planting or
sowing (they may the works, planting or sowing; otherwise, to
enter into a demand the reasonable rent; and
contract of lease)
Good Faith Bad Faith ii. As to the OM who acted in good faith, he
Options: shall have the right to demand the payment
a. To appropriate the a. loses all his rights of the value of his materials from the BPS
works, planting or over what he was who shall be principally liable, in case the LO
sowing, without built, planted or chose to appropriate the same.
need of paying sown;
indemnity, plus
Note: LO shall only be subsidiary liable to pay the
entitled to b. entitled to be
value of the materials of OM only if BPS is insolvent
damages; reimbursed on the
or has no property with which to pay the
necessary expenses
same.(Article 455,NCC). If LO pays the value of the
b. demand the incurred for the
materials, in such case, he shall become the owner
demolition or preservation of the
of the materials, but shall pay the BPS such
removal of land;
reasonable compensation for the latters labor,
whatever had been
under the principle that no person shall unjustly
built, planted or c. to pay damages
enriched himself at the expense of another
sown in bad faith in
any event; or
b. If the both the landowner (LO),and the builder,
c. compel the OM-BPS planter, sower (BPS) acted in good faith, while the
who acted in bad owner of the materials (OM) acted in bad faith,
faith to pay the the latter shall lose his materials without any right
price of the land in whatsoever and maybe liable for damages. As to
any event the LO, he can claim and appropriate what has
Bad Faith Good Faith been built, planted or sown without any obligation
Options:
to pay indemnity; but shall pay the BPS such
a. no right to a. Demand payment
appropriate what for the value of the reasonable compensation for the latters labor,
had been built, materials and the under the principle that no person shall unjustly
planted or sown; reasonable enriched himself at the expense of another; and
and compensation for
b. pay the OM-BPS his labor, plus c. If the both the landowner (LO) and the owner of
the value of the damages; or the materials (OM) acted in good faith, while the
materials; builder, planter, sower (BPS) acted in bad faith,
c. pay damages b. Demand the
the latter has no right whatsoever, and is liable for
removal and return
of his materials damages both to LO and OM. Furthermore, he
even though the shall pay OM for the value of the latters materials.
same may cause
injury to the land; Note: The LO may be subsidiary liable for the payment
or of the value of materials, in case the BPS who acted in
bad faith cannot pay the same. In which case, he shall
c. Compel LO to be the owner of the materials upon payment thereof,
appropriate what and may demand damages from BPS who acted in bad
has been built, faith.
planted, or sown or
for the latter to buy
the same

Bad Faith plus Bad Faith= Good Faith

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
LANDOWNE BUILDER, OWNER OF THE Q: What is the rule with regard to alluvion?
R PLANTER, MATERIALS (OM) A: To the owners of lands (riparian owners) adjoining the 81
(LO) SOWER banks of rivers belong the accretion which they
(BPS) gradually receive from the effects of the current of the
Good Faith waters. (Article 457,NCC)

Article 447 and 448 governs as Demand the Note: The owners of estates adjoining ponds or lagoons do
the case may be: payment of the not acquire the land left dry by the natural decrease of the
waters, or lose that inundated by them in extraordinary
value of his
floods. (Article 458,NCC).
LO may either: materials from the
Q: What are the requisites to be met for a riparian
a. appropriate what he BPS who shall be
owner to acquire ownership over the alluvium?
had built, planted, or principally liable,
A: The requisites of alluvium are the following:
sown, but must pay in case the LO
the value of the chose to
a. The accumulation of the soil or sediment must be
materials to OM; or appropriate the
gradual and imperceptible;
same;
b. remove the materials (LO- subsidiarily
b. That the same shall be the result of the natural
and return the same liable)
action of the waters of the river; and
without causing injury
to the land c. That the land where the accretion takes
place is adjacent to the bank of the river.
Good Faith Bad Faith
Q: Is there a need for Congress to withdraw the alluvium
Can claim and Demand from Loses his from being a part of the public domain before
appropriate LO reasonable materials ownership thereof may be acquired by the riparian
what has been compensation without owner?
built, planted for the his any right A: NO. The right of owners of the bank adjacent to rivers
or sown labor whatsoev to the alluvium which they gradually and imperceptibly
without any er; and received by virtue of the natural action of the waters of
obligation to liable for the river is IPSO JURE and there is no need for
pay indemnity damages Congress to withdraw the same by an affirmative act
to OM from the public domain.

Good Faith Bad Faith Good Faith Note: The alluvium, acquired by the riparian owner, however,
No right does not automatically become a registered land. Hence, to
whatsoever; protect his ownership thereof, the riparian owner must
register the accretion under the Torrens system; otherwise,
Pay damages the same may be acquired by third persons through
prescription.
to both LO and
OM; and
Registration under the Torrens System does not however
protect the riparian owner against the diminution of the area
Pay the value of his registered land through gradual changes in the course
of the of an adjoining stream.
materials to
OM Q: Why does the law grant a riparian owner the right to
the alluvion deposited by a river?
A: The law grants the riparian owner to own the alluvial
deposits because of the following reasons:
ACCESSION NATURAL
a. to compensate him for danger of loss that he
ALUVION suffers due to the location of his land;
b. for the encumbrances and other easements on his
Q: What is alluvion? land ; and
A: Alluvion may be defined as the accretion which the c. to promote the interests of agriculture as he is in
lands adjoining the bank of the rivers, creeks, torrents, the best position to utilize the accretion.
or lakes gradually receive from the effects of the
current of the waters.

Q: What is the difference between alluvium and

accretion?
A: Alluvium is the soil imperceptibly and gradually
deposited on lands adjoining the bank of the rivers
caused by the current of the water, while accretion is
the process whereby the soil is deposited.

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
AVULSION
Q: What is avulsion?
A: Avulsion may be defined as the accretion which takes
place when the current of a river, creek, or torrent
segregates a known portion of land from and estate on
its banks and transfers it to another estate.
Q: What is the rule with regard to avulsion?
A: In accordance with Article 459 of the NCC, the owner
of the land from where the portion is segregated by
virtue of the currents of the river, retains ownership
over such detached portion, but is required by law to
physically remove the same within 2 years, or in case
of trees uprooted, to remove the same within 6
months (Article 460,NCC); otherwise, acquisitive
prescription may set in, in favor of third persons, after
the lapse of 2 years or 6 months as the case may be.
Note: In case of uprooted trees, the owner who claims the same
shall pay the expenses incurred in gathering them or putting them
in a safe place. (Article 460,NCC)
Q: What are the requisites of avulsion?
A: The requisites of avulsion are the following:
a. It shall take place only along the banks of rivers,
creeks, streams, and lakes;
b. The deposit of soil must be sudden and abrupt;
c. It is caused only by the force of the current of the
water independently of the act of man;and
d. The detached portion can be identified.
Note: In the absence of evidence that the deposit
was not sudden, the presumption is that the
change was gradual and caused by accretion and
erosion (C.N. Hodges vs. Garcia, 109 Phil. 132)
Q: What is the distinction between alluvion and
avulsion?
A: Alluvion and avulsion may be distinguished from each
other in the following ways:
a. In alluvion, the accretion is gradual, while in
avulsion, it is sudden and abrupt;
b. In alluvion, the accretion cannot be identified,
while in avulsion, the same can be identified;
c. In alluvion, there is merely attachment, while in
avulsion, there is first a detachment followed by
attachment; and
d. In alluvion, the accretion belongs to the owner of
the land to which the attachment is made ipso
jure, while in avulsion, the ownership is retained
by the owner of the land from which it is
detached, subject to the removal of the detached
portion within 2 years and 6 months, as the case
may be.
CHANGE IN THE COURSE OF RIVER
Q: Who owns the river bed which is abandoned through
the natural changes in the course of the waters of a
river?
A: River beds which are abandoned through the natural
change in the course of the waters ipso facto belong to
the owners whose lands are occupied by the new
course in proportion to the area lost. (Article 461,
NCC).
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
There need be no act on their part to subject the old river bed
to their ownership, as it is subject thereto ipso jure from the
moment the mode of acquisition becomes evident, without 82
need of any formal act of acquisition. Such abandoned
riverbed had fallen to the private ownership of the owner of
the land through which the new river bed passes even
without any formal act of his will and any unauthorized
occupant thereof will be considered as a trespasser.
(Agne v. Director of Lands, 181 SCRA 793, 805. 1990)
Q: Can the owners of the lands adjoining the old bed
acquire ownership over the same?
A: YES. The owners of the lands adjoining the old bed
shall have the right to acquire the same by paying the
value thereof, which shall not exceed the value of the
area occupied by the new bed. (Article 461, NCC).
Note: The rule on abandoned river bed shall not apply if the
river simply dries up and did not change its course or without
opening a new bed; hence, the dry river bed remains a
property of public dominion.
Q: Would the provision under Article 461 of the NCC still
apply even if the change in the course of the waters is
done artificially or is a result of a deliberate act of the
government?
A: YES. There is all the more reason to compensate the
owner of the land through which the new river bed
passes when the change in the course of the river was
the result of a deliberate act on the part of the
government. In this case, the owner of the land was
prejudiced because the man-made canal totally
occupied his property. (Baes vs. Court of Appeals, 224
SCRA 562, 1993)
The provision under Article 461 of the NCC shall not apply if
the drying up of the river was without the intervention of the
government, but was actually caused by the dumping of
garbage therein by the people of the surrounding
neighborhood. (Ronquillo vs. Court of Appeals, 195 SCRA 433,
1991)
Q: Can the State restore the river to its original course?
A: YES. The owners of the affected lands (owners of the
land where the new river bed passes) can neither
restrain the government from taking steps to revert
the river or stream to its former course, nor can they
compel the government to restore the river to its
former bed. If the government decides to revert back
the river to its former course, the owners of the land
thus affected are not entitled to compensation for any
damage sustained thereby. (Article 58, Water Code of
the Philippines)
FORMATION OF ISLANDS
Q: What is the rule with regard to the formation of
islands?
A: When the current of a river divides itself into branches
and leaves a piece of land or part thereof isolated, thus
forming and island, the owner of the land retains
ownership over the same. (Article 463,NCC)
Note: The rule mentioned is applicable to all kinds of rivers,
whether navigable or floatable or not.
Q: Who owns the islands formed on the seas within the
jurisdiction of the Philippines?
A: The State shall own such islands formed on the seas
within the territorial jurisdiction of the Philippines
(Article 464, NCC). If the islands were formed on the
 CIVIL LAW I REVIEWER
seas outside the Philippines territorial jurisdiction, the
first country to occupy the same shall own it.
Q: Who owns the islands formed on lakes and on
navigable or floatable rivers?
A: The State shall own islands which were formed on
lakes and on navigable or floatable rivers. (Article 464,
NCC)
Q: What is the rule is the island is formed through
successive accumulation of alluvial deposit and it is
formed in non-navigable or non-floatable rivers?
A: The rules in such case are:
a. The island so formed belongs to the owners of the
margins or banks nearest to the island;
b. If the island is in the middle of the river, it shall
belong to the owners of both margins, in which
case, it shall be divided longitudinally in halves;
and
c. If, however, a single island thus formed be more
distant from one margin than from the other, the
owner of the nearer margin shall be the sole
owner. (Article 456, NCC)
ACCESION CONTINUA ON MOVABLE PROPERTY
ADJUNCTION OR CONJUNCTION
Q: What is the concept of adjuction?
A: Adjunction takes place when two movables belonging
to different owners are united as to make them
inseparable that their separation would impair their
nature making up thereafter a single object.
owner may demand its separation, even though
the thing to which it has been incorporated may 83
suffer some injury (Article 469,NCC);
b. When the owner of the accessory had acted in
bad faith, he shall :
i. lose his thing; and
ii. he shall be liable to pay damages to the
owner of the principal (Article 470, NCC);
c. When it is the owner of the principal who had
acted in bad faith, the owner of the accessory has
the option either:
i. to demand payment for the value of the
accessory, plus damages; or
iii. to demand separation even if the same
will result to an injury to the principal
thing, plus damages (Article 470, NCC);
Note: The second option shall not be availed
of if the same is not practicable, such as in the
case of paintings or writings.
d. When both owners acted in bad faith, the bad
faith of one neutralizes the bad faith of the other,
and both are considered to have acted in good
faith. (Article 470, NCC)
Note: The payment of indemnity in the proper cases above
may be effected through (i.) delivery of a thing equal in kind
and value; or (ii.) payment of its price including the
sentimental value.(Article 471, NCC)

Q: What are the distinctive characteristics of

adjunction? OWNER OF THE OWNER OF THE
A: The distinctive characteristics of adjunction are: PRINCIPAL ACCESSORY
Good Faith
a. That two or more movable things are united in If the two things can be separated without injury:
such a way that they form a single object; and
b. That each of the things united preserve its own The owner of the Demand the value of the
nature. principal thing accessory
acquires the
accessory,
Q: What are the different ways in which adjunction may indemnifying the
take place? owner of such
A: Adjunction may take place in the following ways: accessory for its
value
a. Engraftment (inclusio);
b. Attachment (soldadura); If the two things cannot be separated without injury:
c. Weaving (tejido);
d. Painting (pintura); and General Rule: Demand the separation
Except: If the accessory is more precious than the principal,
e. Writing (escritura)
its owner may demand its separation, even though the thing
to which it has been incorporated may suffer some injury
Q: What are the rules with regard to the ownership of the
new single object formed as a result of the union of Good Faith Bad Faith
two or more movable things belonging to different a. Keeps the thing; a. loses his thing; and
owners? b. Entitled to b. to pay damages
A: The rules are the following: damages
Bad Faith Good Faith
a. When both the owners had acted in good faith, a. loses his thing; and a. demand payment for
and the two things united cannot be separated b. liable to pay the value of the
damages accessory; or
without injury, the owner of the principal thing
b. demand separation
acquires the accessory, indemnifying the owner of even if the same will
such accessory for its value. (Article 466,NCC) result to an injury to
the principal thing;
When the two things united can be separated except: if the
without injury, their respective owners can removal is not
demand their separation without injury. If the practicable
accessory is more precious than the principal, its c. entitled to damages

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
Q: In adjunction or conjunction, what are the tests to be
applied to determine the principal?
A: The tests in determining the principal are the
following:
First: That to which the other has been united as
ornament or for its use or perfection is the principal;
Second: If the first test cannot be applied, then the
thing of greater value is the principal;
Third: If both things are of equal value, then the one
greater in volume is the principal; and
Fourth: If not one of the tests above can be applied,
the question will be judicially resolved taking into
consideration all pertinent provisions applicable as well
as their respective merits, utility and volume. (Articles
467, 468, NCC; 3 Manresa 282)
Note: In painting, sculpture, writings, printed matter,
engraving and lithographs, however, the board, metal,
canvas, paper or parchment shall be deemed the accessory
thing. (par. 2, Article 468, NCC)
MIXTURE
Q: What is mixture?
A: Mixture is the combination of materials where the
respective identities of the component elements are
lost either voluntarily or by chance. (Arts. 472473,
NCC)
Q: What are the kinds of mixture?
A: The kinds of mixture are:
a. COMMIXTION or the mixture of solid things
belonging to different owners; and
b. CONFUSION or the mixture of liquid things
belonging to different owners.
SPECIFICATION
84
Q: What is specification?
A: Specification is the giving of new form to anothers
material thru application of labor. The material
undergoes a transformation or change of identity.
Q: What are the rights and obligations of the parties in
case of specification?
A: The rights and obligations of the parties in case of
specification depend on the good faith or bad faith of
the worker or laborer, such that:
a. If the worker acted in good faith:
General Rule: He shall appropriate the thing thus
transformed as his own, indemnifying the owner
of the material for its value.
Exception: When the material is more precious
or more valuable than the thing transformed, in
which case, the owner of the material, has the
option either:
i.to appropriate the new thing to himself after
paying indemnity for the value of the work; or
ii.to demand indemnity for the material.
b. If the worker acted in bad faith, the owner of
the materials has two options, as :
i. to appropriate the work for himself
without paying anything to the maker; or
ii. to demand of the maker the value of the
material, plus damages.
Note: If the value of the work, for artistic or scientific
reasons, is considerably more than that of the material,
the owner of the material cannot appropriate the work.
(Article 474, NCC)

Q: What are the rules regarding mixture?

A: The rules regarding commixtion or confusion are the
following:

a. Co-ownership arises if the mixture is caused

either by:

i. chance or fortuitous event (the things

are not separable without injury);
ii. by the will of both owners; or
i. by the will of only one owner acting
in good faith.

Note: In all these cases, each owner shall acquire a right

proportional to the part belonging to him, bearing in mind the
value of the things mixed.(Article 472,NCC)

b. If the mixture was caused by only one owner who

acted bad faith, he:

i. loses the thing belonging to him; and

ii. to pay indemnity for damages caused

to the owner of the thing with which his
own was mixed or confused.

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
QUIETING OF TITLE
Q: What is the concept of quieting of title?
A: Quieting of title is a common law remedy for the
removal of any cloud upon or doubt or uncertainty with
respect to title or real property. It is a proceeding
which is characterized as quasi in rem, and the
judgment in such proceedings is conclusive only
between the parties.
Q: What is the purpose of an action to quiet title?
A: The purpose of an action to quiet title is to prevent a
cloud from being cast upon a title to real property or
any interest therein (par. 2, Article 476, NCC). It is to
secure an adjudication that a claim of title to or an
interest in property, adverse to that of the
complainant, is invalid, so that the complainant and
those claiming under him may be forever afterward
free from any danger of hostile claim.
Note: The only judgment to be rendered in an action to quiet
title is the pronouncement that the instrument, record, claim,
encumbrance, or proceeding which is apparently valid is in
truth invalid, ineffective, voidable or unenforceable, and is
prejudicial to the plaintiffs title; hence, if ownership is in
dispute, the action to quiet title is not the proper remedy, but
an accion reindivicatoria.
Q: What are the requisites for an action to quiet
title?
A: The requisites for an action to quiet title are the
following:
a. Plaintiff must have a Legal or equitable title to,
or interest in the real property which is the subject
matter of the action;
b. There must be Cloud in such title;
c. Such cloud must be Due to some:
i. Instrument;
ii. Record;
iii. Claim;
iv. Encumbrance; or
v. proceeding which is apparently valid
but is in truth invalid, ineffective,
voidable or unenforceable, and is
prejudicial to the plaintiffs title; and
d. The Plaintiff must:
i. Return to the defendant all benefits he
may have received from the latter; or
ii. Reimburse him for expenses that may
have redounded to his benefit.
The issues in a case for quieting of title are fairly simple;
the plaintiff need to prove only two things, namely:
(1) the plaintiff or complainant has a legal or an equitable
title to or interest in the real property subject of
action; and (2) that the deed, claim, encumbrance or
proceeding claimed to be casting a cloud on his title must be
shown to be in fact invalid or inoperative despite its prima
facie appearance of validity or legal efficacy. Stated
differently, the plaintiff must show that he has a legal or at
least an equitable title over the real property in dispute,
and that some deed or proceeding beclouds its validity
or efficacy. (Chung Jr. vs. Mondragon, G.R. 179754,Nov.
21, 2012)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
85
Q: How is an action to quiet title distinguished from an
action to remove cloud on title?
A: The two may be distinguished as follows:
a. As to the nature of the action, an action to quiet
title is a remedial action; whereas an action to
remove cloud on title is a preventive one;
b. As to the purpose, action to quiet title is to put an
end to troublesome litigation with respect to the
property involved ; whereas, an action to remove
cloud on title is for the removal of a possible
foundation for a future hostile claim; and
c. As to the subject, an action to quiet title involves
a present adverse claim; while an action to
remove cloud on title involves the prevention of
future cloud on the title.
Q: What are some instances when cloud on title of real
property exists?
A: The following are some instances when cloud on title
of real property exists:
a. An absolutely fictitious contract of sale or a sale
with simulated consideration;
b. A sale by an agent without written authority;
c. A forged contract;
d. A contract of sale or donation which has become
inoperative because of non-performance by the
vendee or done of a condition precedent; and
e. A voidable contract.
Q: What is the prescriptive period to file an action to
quiet title?
A:
a. The action to quiet title is imprescriptible when the
plaintiff is in possession of the property. The
reason is that the owner of real property who is in
possession thereof may wait until his possession is
invaded or his title is attacked before taking steps
to vindicate his right;
b. When the plaintiff is not in possession of the
property, the action to quiet title shall be filed
within 10 years or 30 years as the case may be.
Note: An action for quieting of title may not be brought for
the purpose of settling a boundary dispute (Vda.de Aviles v.
CA, 264 SCRA 473)
the
 CIVIL LAW I REVIEWER
RUINOUS BUILDINGS AND TREES
IN DANGER OF FALLING 86

Q: What are the obligations of the owners of a ruinous

building?
A: The owners of a ruinous building, walls, columns or
other constructions in danger of falling are obliged to
either:

a. To demolish it; or
b. To execute the necessary work in order to prevent
it from falling. (Article 482, NCC)

Q: What shall be the consequence if the owner of such

ruinous structures fails to comply with the
abovementioned obligation?
A: If the owner of the ruinous building, walls, columns or
other constructions in danger of falling failed to comply
with the obligation imposed upon him by law, the
administrative authorities may:

a. order the demolition of the structure at the

owners expense;
b. or to take measure to insure public safety. (Article
482, NCC)

Q: What are the obligations of the owners of falling trees?

A: Whenever a large tree threatens to fall in such a way
as to cause damage to the land or tenement of
another or to travelers over a public or private road,
the owner of the tree shall be obliged to fell and
remove it; and should he not do so, it should be done
at his expense by order of the administrative
authorities.(Article 483,NCC)

Note: Proprietors are liable for the falling of trees situated at

or near highways or lanes, if the same is not caused by force
majeure. (par. 3, Article 2191,NCC)

Under Article 483 of the NCC, the owner of the falling trees
shall still be liable if the falling was caused by force majeure,
because he is negligent for failing to take the necessary
measures to insure public safety.

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
b. From the viewpoint of source:
TITLE III CO-OWNERSHIP
1.Contractual co-ownership (an agreement 87
Q: What is co-ownership? not to divide for ten years allowed Art.
A:Co-ownership is that state where an undivided 494).
thingor right belongs to two or more persons. (Art.
484). 2. Non-contractual co-ownership (if the
source is not acontract).
Q:What governs co-ownership?
A: Co-ownership is governed by the following:
c. From the viewpoint of the rights of the co-owners:
a. contracts
1.Tenancy in common (or ownership in common
b. special legal provisions
or just co-ownership as contemplated in Art. 484).
c. provisions of the Title on Co-ownership
2. Joint tenancy (also called joint ownership).
In default of the 1st, apply the 2nd; in the
absence of the 2nd, apply the 3rd. (Art. 484).
Q: What are the characteristics of co-ownership?
A: They are the following:
Q: What are the sources of co-ownership?
1. There must be more than one subject or owner.
A: They are the following:
2. There is one physical whole divided into IDEAL
a.By law [party walls, party ditches; the co-ownership
(undivided) shares.
of earnings by a man and a woman whose marriage isvoid, or
3. Each IDEAL share is definite in amount, but is not
who are living together without benefit of marriage
physically segregated from the rest.
Art. 144, but here there must be no existing and valid
4. Regarding the physical whole, each co-owner must
conjugal partnership, as when either is already married to
respect each other in common use, enjoyment, or
someone else (Victor Juaniza v. Eugenio Jose,L-50127-28,
preservation of the physical whole.
Mar. 30, 1979), in a way, the conjugal partnership, though
5. Regarding the IDEAL share, each co-owner holds
in the last case, the rules on the conjugal partnership ap-
almost an absolute control over the same.
ply as a rule].
6. It is not a juridical person, i.e., it has no juridical
personality.
b. By contract (two cousins buy a parcel 7. A co-owner is in a sense a trustee for the other co-
of land, share in the price, and agree not to divide owners.
for 10 years).
CO-OWNERSHIP VS. JOINT TENANCY
c. By chance (commixtion, confusion, hidden
treasure). Co-ownership Joint Tenancy
Shares
This involves a This also involves a physical
d. By occupation or occupancy (as when a wild
physicalwhole. BUT there is whole. BUT there is no IDEAL
beast iscaught by several persons). (Punzalan v. Boon Liat, 44 an IDEAL (abstract) (abstract) division;
Phil. 320). (It would seem that this ruling is erroneous, division; eachco-owner each and ALL of themown
because while it is occupation, still the co-ownership must have being the owner ofhis own the WHOLE thing.
been presumed because of an implied agreement or contract ideal share.
between the two hunters.)
Disposal of shares
Each co-owner may Each co-owner may
e. By succession or will [as in the case of intestate before dispose notdispose of his own
partition (Javier v. Javier, 6 Phil. 493), the successional of his ideal or undivided share without theconsent
estate being a co-ownership prior to partition. share (without ofALL the rest, becausehe
boundaries) really has NO IDEAL share.
Note: It has been held, however, that although WITHOUT the others
in one sense, the co-heirs are really co-owners, still in the exercise of consent.
the right of legal redemption, the rule concerning co-heirs (Art. 1067)
must apply, and not that concerning co-owners. If, however, after Effect of death
partition of the hereditary estate, it is decided that some of the co-heirs If a co-owner dies, his If a joint-tenant dies, his
will continue to be co-owners of a certain portion of the estate (for share goes to his own share goes by accretion to
example, a house or a car), the rule for legal redemption will now be heirs. the other joint-tenants by
the rule concerning co-owners. (See Castro, et al. v. Castro, L-7464, Oct. virtue of their survivorship or
24, 1955). jus accrecendi.

Q: What are the kinds of co-ownership? Effect of disability

If a co-owner is a minor, If one joint-tenant is under
A:
this does not benefit the a legal disability (like
a. From the viewpoint of subject matter: others for the purpose of minority), this benefits the
prescription, and other against whom
1. Co-ownership of an undivided thing
prescription therefore runs prescription will not run.
2. Co-ownership of an undivided right (like a against them.
lease rightinherited from a deceased father).
(Samaniego, et al. v. Villajin, [CA] 43 O.G.
3137).

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
CO-OWNERSHIP VS. CONJUGAL PARTNERSHIP Q: What are the rights of a co-owner?
A: The following are the rights of a co-owner: 88
Co-ownership Partnership
Legal Personality 1. Right to benefits proportional to respective
Has no legal personality Has legal or juridical interest; any stipulation to the contrary shall be
personality void. (A. 485)
Source 2. Right to use thing co-owned.
Created by contract or Created by contract only a. For the purpose intended (said purpose being
by other things (express or implied) alterable by express or implied agreement)
Purpose b. The interest of the co-ownership must not be
Collective enjoyment Purpose is profit injured or prejudiced
c. The other co-owners must not be prevented
Term
in using it. (A. 486)
Agreement for it to exist There is no term limit setby
3. Right to change the purpose of the co-ownership
for10 years valid. (If the law
by agreement, express or implied. (A. 486)
morethan 10 years, the
4. Right to bring an action in ejectment in behalf of
excess isvoid.) the other co-owners. (A. 487)

Note:20 years is the In this case, although petitioner alone filed the complaint for
maximum if imposed by unlawful detainer, he stated in the complaint that he is one of
the testator or the donee the heirs of the late Lilia Castigador, his mother, who
ofthe common property. inherited the subject lot, from her parents. Petitioner did not
(Art.949). claim exclusive ownership of the subject lot, but he filed the
Representation complaint for the purpose of recovering its possession which
as a rule, no mutual as a rule, there is mutual would redound to the benefit of the co-owners. Since
representation representation petitioner recognized the existence of a co-ownership, he, as
a co-owner, can bring the action without the necessity of
Effect of Death joining all the other co-owners as co-plaintiffs. (Catedrilla vs.
not dissolved by death is dissolved by the death or Mario and Margie Lauron, G.R. No. 179011. April 15, 2013)
or incapacity of partner
incapacity of co-owner
Substitution 5. Right to compel the co-owners to contribute to
can dispose of his cannot another as partner in necessary expenses for preservation of thing and
share without consent of his place without consent taxes. (A. 488)
others of the others
Note: A co-owner has the right to compel the others to
Profits share in the expenses of preservation, even if incurred
profits may be stipulated without prior notification to them (since the expenses
Profits must always
upon are necessary) BUT he must notify if practicable. (A.
dependon proportionate 489)
shares.(Art. 485).
6. Right to exempt himself from the obligation of
CO-OWNERSHIP VS. CONJUGAL PARTNERSHIP paying necessary expenses and taxes by
renouncing his share in the pro-indiviso interest
Co-ownership Conjugal Partnership BUT the same cannot be made if renunciation is
How it arises prejudicial to the co-ownership. (A. 488)
May arise by ordinary Arises only because of the
contract marriage contract
a. If the renouncing is in favor of a creditor, the
Who are parties
Sex of the co-owners is One must be male, the other
latter must give his consent (for this would be
immaterial a female a case of adjudicacionenpago or datio in
Number of parties solutum, where a debtor gives something else
Co-owners may be two or Conjugal owners are always in payment of his debt).
more two
Profits b. If the renouncing is in favor of the other co-
Profits are proportional Profits are generally 50-50 owners, a novation (in the form of
to respective shares unless a contrary stipulation is substitution of debtor) would result
in a marriage settlement necessitating the consent of other co-owners
Effect of death AND of the creditor.
Death of one does not Death of either husband or
dissolve theco-ownership wife dissolves the conjugal
Note: The creditors consent would of course be needed
partnership
only if the expenses have been incurred, otherwise, thee
Administration
would as yet be no creditors.
Generally, all the co- Generally, the husband is the
owners administer administrator Note further: Renunciation cannot be implied by mere
Treatment by law refusal to pay the proportionate share. (3 Manresa 452)
Co-ownership is Encouraged by law to provide
discouraged by law for better family solidarity
7. Right to make repairs for preservation of things
can be made at will of one co-owner; to receive
reimbursement therefrom; notice of necessity of

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
such repairs must be given to co-owners, if
practicable. (A. 489)
a. Repairs; ejectment action ONE co-owner
b. Alterations or acts of ownership ALL
c. All others, like useful improvements, luxurious
embellishments, administration and better
enjoyment FINANCIAL MAJORITY (not
numerical). (A. 492 and A. 489)
8. Right to full ownership of his part and fruits. (A.
493)
9. Right to alienate, assign or mortgage own part;
except personal rights like right to use and
habitation. But the effect of alienation or the
mortgage, with respect to the co-owners, shall be
limited to the portion which may be allotted to him
in the division upon the termination of the co-
ownership.(A. 493)
Even if a co-owner sels the whole property as his, the
sale will affect onlyhis own share but not those of the
other co-owners who did not consent to the sale. A sale
of the entire property by one co-owner without the
consent of the other co-owners is not null and void but
affects only his undivided share and the transferee gets
only what would correspond to his grantor in the
partition of the thing owned in common. (Paulmitan vs.
CA, 215 SCRA 866 [1992])
st
10. Right to ask for partition anytime (A. 494, 1 par.)
11. Right to pre-emption
12. Right of redemption
Redemption of the whole property by a co-owner does
not vest in him sole ownership over said property.
Redemption within the period prescribed by law by a co-
owner will inure to the benefit of all the co-owners.
Hence, it will not put an end to an existing co-ownership.
(Mariano vs. CA, 222 SCRA 736 [1993])
13. Right to be adjudicated of the thing when partition
is prejudicial to co-ownership (subject to the right
of other co-owners to be indemnified).
14. Right to share in the proceeds of sale of thing if
the thing is indivisible and the co-owners cannot
agree that it be allotted to one of them. (A. 498)
Q: What are the duties/liabilities of a co-owner?
A: The following are the duties/liabilities of a co-owner:
1. The share in the charges is proportional to respective
interest; stipulation to the contrary is void. (A. 485)
2. Pay necessary expenses and taxes may be exercised
by only one co-owner.
Note: Under A. 490, whenever the different stories of a
house belong to different owners, if the titles of ownership do
not specify the terms under which they should contribute to
the necessary expenses and there exists no agreement on the
subject, the following rules shall be observed:
a. Proportionate contribution for the preservation of-
1. the main walls;
2. the party walls;
3. the roof (this is really used by ALL); and
4. the other things used in common.
b. Each floor owner must bear the expenses of his floor.
c. Stairs are to be maintained from story to story, by the
users.
Under Art. 490, it is evident that the ground floor,
if there is any, is distinguished from the first story.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
Note: The rules enumerated in the Article APPLY ONLY IF
there is NO CONTRARY PROVISION in the titles of ownership
or agreement. 89
Q: What is perpendicular co-ownership?
A: Perpendicular ownership is one where the different
stories belong to different persons. This is still co-
ownership for there is some unity in the use or
ornamentation of the property, particularly in the main
and common walls, roof, stairs, etc.
Note: If the various units are in one plane as when
one-story units all set on the ground the co-
ownership may be referred to as a horizontal co-
ownership. Combination of both perpendicular and
horizontal co-ownership can result in a situation very
similar to a condominium which may be in the form of
a building consisting of several stories, each story being
by itself divided into different units, owned by different
persons. Note that each unit cannot be considered
owned in common. Under the Condominium Law, a
condominium corporation can be formed to take care
of common property, like the common stairs, common
halls, etc.
3. Pay useful and luxurious expenses if determined by
majority
4. Duty to obtain consent of ALL if the thing is to be
altered even if beneficial; however, if the withholding
of the consent by one or more of the co-owners is
clearly prejudicial to the common interest the courts
may afford adequate relief. (A. 491)
Q: What is alteration?
A: An alteration is a change
a. which is more or less permanent;
b. which changes the use of the thing; and
c. which prejudices the condition of the
thing or its enjoyment by the others.
Alteration is an act of ownership.
Q: What are examples of alterations?
A:
a. sale, donation, or mortgage, etc. of the
whole property
b. sale, donation, or mortgage, etc. of a
part of the property but with definite
boundaries
c. voluntary easement (A. 691, par. 1)
d. lease of real property if
1. lease is recorded (registered)
2. or the lease is for more than one
year (whether recorded or not)
e. construction of a house on a lot owned in
common
f. any other act of strict dominion or
ownership
g. impliedly, contracts of long duration.
5. Duty to obtain consent of majority (approval by co-
owners representing the controlling interest) with
regards to administration and better enjoyment of the
thing. In case there be no majority, or resolution of
majority be seriously prejudicial, court intervention
shall be had at the instance of an interested party,
including appointment of administrator.
 CIVIL LAW I REVIEWER
Q: What are acts of administration or management?
A: They are those:
a. that do not involve an alteration;
b. those that may be renewed from time to
time;
c. those that have transitory effects, that is,
do not bind the co-ownership for a long
time in the future;
d. those that do not give rise to a real right
over the thing owned in common;
e. those, which even if called an alteration,
do not affect the substance or nature of
the thing;
f. those for the common benefit of all the
co-owners and not for only one or some
of them.
Note: All the requisites mentioned must
CONCUR.
Q: What are the limitations on the right of the financial
majority?
A: They are as follows:
A. Although they can approve resolutions
for administration and better enjoyment,
still before a decision is made, there
should first be a notice to the minority so
that they can be heard.
B. The majority would be justified in
proceeding only when the urgency of the
case and the difficulty of meeting with
them render impracticable the giving of
such notice. (Singson vs. Veloso)
C. The minority may APPEAL to the court
against the decision of the majority
when, for example-
a. there is no real majority (A. 492);
b. the resolution is seriously prejudicial
to the rights of an individual co-
owner (A. 492);
c. when the majority refuses to correct
abuse of administration or
maladministration;
d. when the minority is made the victim
of fraud;
e. when an alteration (instead of mere
act of administration) is agreed
upon.
Note: The court may even appoint an
administrator. (A. 492)
6. No prescription shall run in favor of a co-owner or co-
heir against his co-owners or co-heirs so long as he
expressly or impliedly recognized the co-ownership. (A.
494)
7. Co-owners cannot ask for physical division of thing
owned in common when to do so would render it
unserviceable for the use for which it is intended. (A.
495)
8. Upon partition, there shall be a mutual accounting for
benefits received and reimbursements for expenses
made. Likewise, each co-owner shall pay for damages
caused by reason of his negligence or fraud. (A. 500)
9. Every co-owner shall, after partition, be liable for
defects of title and quality of the portion assigned to
each of the other co-owners. (A. 501)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
Q: What is the rule on demand for partition? Exceptions?
A: 90
General Rule:
No co-owner shall be obliged to remain in the co-
ownership. Each co-owner may at any time demand
the partition of the thing owned in common, insofar as
his share is concerned.
Exceptions:
(When a co-owner may not successfully
demand a partition)
a. If by agreement (for a period not exceeding
10 years)
Note: The term may be extended by a new
agreement, but only after the expiration of the
original period, otherwise the intention of the law
would be defeated.
b. When partition is prohibited by a donor or
testator (for a period not exceeding 20
years) from whom the property came.
c. When partition is prohibited by law (as in the
case of the conjugal partnership property,
except in certain instances).
d. When a physical partition would render the
property unserviceable, but in this case, the
property may be allotted to one of the co-
owners, who shall indemnify the others, or it
will be sold, and the proceeds distributed.
(A. 498)
e. When the legal nature of the common
property does not allow partition (like in the
case of party walls)
Q: What are the rules on the prohibition to partition because of
an agreement?
A: They are the following:
a. The period must not extend more than 10 years.
(A. 494)
b. If it exceeds 10 years, the stipulation is valid only
insofar as the first 10 years is concerned.
c. There can an extension but only after the original
period has expired.
d. After the first extension, there can be another,
and so on indefinitely, as long as for each
extension, the period of 10 years is not exceeded.
Q: Can a co-owner acquire the thing owned in common through
prescription?
A:
General Rule:
As a general rule, one co-owner cannot acquire the
whole property as against the other co-owners. This is
why the others can demand, as a rule, partition at any
time. But this is only true, so long as the co-owner
concerned expressly or impliedly recognizes the co-
ownership.
Exception:
If, however, certain requirements are complied with, a
co-owner can become the exclusive owner of the
others shares by prescription.
 CIVIL LAW I REVIEWER
Q: What are the conditions for a valid repudiation?
A: The conditions are:
1. He must make known to the others co-owners
that he is definitely repudiating the co-ownership
and that he is claiming complete ownership over
the entire property.
2. The evidence of repudiation and knowledge on the
part of the others must be clear and convincing.
3. The other requirements of prescription
continuous, open, peaceful, public, adverse
possession for the period of time required under
the law must be present.
4. The period of prescription (Statute of Limitations)
shall start to run only from such repudiation of co-
ownership.
Exception to the Exception:
In constructive trusts, prescription does not run.
Q: What are the classifications of the various kinds of partition?
A:Kinds of partition are classified as follows:
a. From the viewpoint of cause:
1. extrajudicial (or conventional)
2. judicial (when court approval is sought or
when partition is made by the court)
b. From the viewpoint of permanence:
1. provisional or temporary
2. permanent
c. From the of subject matter:
1. partition of real property
2. partition of personal property
d. From the viewpoint of forms and solemnities
1. partition in a judicial decree
2. partition duly registered in the Registry of
Property
3. partition in a public instrument
4. partition in a private instrument
5. oral partition
Q: What law governs partition?
A: Partition is governed by
1. First, the Civil Code
2. Then, suppletorily, the Rules of Court. (Rule 69 of
the Rules of Court provides for the Partition)
Q: What are the rights of third persons in the partition of the
thing subject of co-ownership?
A: The rights of third persons are the following:
1. The creditors or assignees of the co-owners may
take part in the division of the thing owned in
common and object to its being effected without
their concurrence. But they cannot impugn any
partition already executed, unless there has been
fraud, or in case it was made notwithstanding a
formal opposition presented to prevent it, without
prejudice to the right of the debtor or assignor to
maintain its validity. (A. 497)
2. The partition of a thing owned in common shall
not prejudice third persons, who shall retain the
rights of mortgage, servitude, or any other real
rights belonging to them before the division was
made. Personal rights pertaining to third persons
against the co-ownership shall also remain in
force, notwithstanding the partition. (A. 499)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
Q: What are the effects of partition?
A: The effects of partition are as follows: 91
1. mutual accounting for benefits received. (A. 500)
2. mutual reimbursement for expenses. (A. 500)
3. indemnity for damages in case of negligence or
fraud. (A. 500)
4. reciprocal warranty for
a. defects of title (or eviction);
b. quality (or hidden defects). (A. 501)
Note: No warranty if there is a contrary stipulation
of if the eviction is due to fault of co-owner evicted.
(See Arts. 1092-1093)
5. each former co-owner is deemed to have had
exclusive possession of the part allotted to him for
the entire period during which the co-possession
lasted. (A. 543)
6. partition confers upon each, the exclusive title
over his respective share. (See A. 1091)
Q: How is co-ownership extinguished?
A: Co-ownership is extinguished:
1. by judicial partition
2. by extrajudicial partition
3. when by prescription, one co-owner has acquired the
whole property by adverse possession as against all
the others, and repudiating unequivocally the co-
ownership of the other
4. when a stranger acquires by prescription the thing
owned in common
5. by merger in one co-owner
6. by loss or destruction
7. byexpropriation (here the indemnity will be distributed
accordingly).
THE CONDOMINIUM ACT (RA 4726, June 18, 1966)
Q: What is condominium?
A:A condominium is an interest in real property consisting of
separate interest in a unit in a residential, industrial or
commercial building and an undivided interest in common,
directly or indirectly, in the land on which it is located and in
other common areas of the building. A condominium may
include, in addition, a separate interest in other portions of such
real property. Title to the common areas, including the land, or
the appurtenant interests in such areas, may be held by a
corporation specially formed for the purpose (hereinafter known
as the "condominium corporation") in which the holders of
separate interest shall automatically be members or
shareholders, to the exclusion of others, in proportion to the
appurtenant interest of their respective units in the common
areas. The real right in condominium may be ownership or any
other interest in real property recognized by law, on property in
the Civil Code and other pertinent laws. (Sec. 2)
 CIVIL LAW I REVIEWER
Q: What are the requisites for a valid condominium project?
A: They are as follows:
1. An enabling or master deed which shall contain, among
others, the following:
a. Description of the land on which the building or
buildings and improvements are or are to be located;
b. Description of the building or buildings, stating the
number of stories and basements, the number of units
and their accessories, if any;
c. Description of the common areas and facilities;
d. A statement of the exact nature of the interest
acquired or to be acquired by the purchaser in the
separate units and in the common areas of the
condominium project. Where title to or the
appurtenant interests in the common areas is or is to
be held by a condominium corporation, a statement to
this effect shall be included;
e. Statement of the purposes for which the building or
buildings and each of the units are intended or
restricted as to use;
f. A certificate of the registered owner of the property,
if he is other than those executing the master deed, as
well as of all registered holders of any lien or
encumbrance on the property, that they consent to the
registration of the deed;
g. The following plans shall be appended to the deed
as integral parts thereof:
1. A survey plan of the land included in the
project, unless a survey plan of the same
property had previously been filed in said
office;
2. A diagrammatic floor plan of the building
or buildings in the project, in sufficient detail
to identify each unit, its relative location and
approximate dimensions;
h. Any reasonable restriction not contrary to law,
morals or public policy regarding the right of any
condominium owner to alienate or dispose of his
condominium.
2. Such enabling or master be recorded in the Register of Deeds
of the province or city in which the property lies and duly
annotated in the corresponding certificate of title of the land.
(Sec. 4)
Q: Can the enabling or master deed be amended or revoked?
A: Yes. The enabling or master deed may be amended or
revoked upon registration of an instrument executed by the
registered owner or owners of the property and consented to by
all registered holders of any lien or encumbrance on the land or
building or portion thereof. The term "registered owner" shall
include the registered owners of condominiums in the project.
Until registration of a revocation, the provisions of this Act shall
continue to apply to such property. (Sec. 4)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
Q: Is there a citizenship requirement for a condominium unit
owner? 92
A:Any transfer or conveyance of a unit or an apartment, office
or store or other space therein, shall include the transfer or
conveyance of the undivided interests in the common areas or,
in a proper case, the membership or shareholdings in the
condominium corporation: Provided, however, That where the
common areas in the condominium project are owned by the
owners of separate units as co-owners thereof, no condominium
unit therein shall be conveyed or transferred to persons other
than Filipino citizens, or corporations at least sixty percent of
the capital stock of which belong to Filipino citizens, except in
cases of hereditary succession. Where the common areas in a
condominium project are held by a corporation, no transfer or
conveyance of a unit shall be valid if the concomitant transfer of
the appurtenant membership or stockholding in the corporation
will cause the alien interest in such corporation to exceed the
limits imposed by existing laws. (Sec. 5)
Q: What are the incidents of a condominium grant?
A:Unless otherwise expressly provided in the enabling or master
deed or the declaration of restrictions, the incidents of a
condominium grant are as follows:
1. The boundary of the unit granted are the interior
surfaces of the perimeter walls, floors, ceilings,
windows and doors thereof. The following are not part
of the unit bearing walls, columns, floors, roofs,
foundations and other common structural elements of
the building; lobbies, stairways, hallways, and other
areas of common use, elevator equipment and shafts,
central heating, central refrigeration and central air-
conditioning equipment, reservoirs, tanks, pumps and
other central services and facilities, pipes, ducts, flues,
chutes, conduits, wires and other utility installations,
wherever located, except the outlets thereof when
located within the unit.
2. There shall pass with the unit, as an appurtenance
thereof, an exclusive easement for the use of the air
space encompassed by the boundaries of the unit as it
exists at any particular time and as the unit may
lawfully be altered or reconstructed from time to time.
Such easement shall be automatically terminated in
any air space upon destruction of the unit as to render
it untenantable.
3. Unless otherwise, provided, the common areas are
held in common by the holders of units, in equal
shares, one for each unit.
4. A non-exclusive easement for ingress, egress and
support through the common areas is appurtenant to
each unit and the common areas are subject to such
easements.
5. Each condominium owner shall have the exclusive
right to paint, repaint, tile, wax, paper or otherwise
refinish and decorate the inner surfaces of the walls,
ceilings, floors, windows and doors bounding his own
unit.
6. Each condominium owner shall have the exclusive
right to mortgage, pledge or encumber his
condominium and to have the same appraised
independently of the other condominiums but any
obligation incurred by such condominium owner is
personal to him.
7. Each condominium owner has also the absolute
right to sell or dispose of his condominium unless the
master deed contains a requirement that the property
be first offered to the condominium owners within a
reasonable period of time before the same is offered to
outside parties. (Sec. 6)
 CIVIL LAW I REVIEWER

Q: What is an assessment? 93
A: It is a reasonable amount to meet authorized expenditures
that each condominium unit is assessed separately for its share
of such expenses in proportion (unless otherwise provided) to
its owners fractional interest in any common areas.

Q: Can a condo project be partitioned?

A:
General Rule:
The common areas shall remain undivided, and there
shall be no judicial partition thereof. (Sec. 7)

Exception:
A partition shall be made only upon a showing:

1. That three years after damage or destruction to the

project which renders material part thereof unit for its
use prior thereto, the project has not been rebuilt or
repaired substantially to its state prior to its damage or
destruction, or

2. That damage or destruction to the project has

rendered one-half or more of the units therein
untenantable and that condominium owners holding in
aggregate more than thirty percent interest in the
common areas are opposed to repair or restoration of
the project; or

3. That the project has been in existence in excess of

fifty years, that it is obsolete and uneconomic, and that
condominium owners holding in aggregate more than
fifty percent interest in the common areas are opposed
to repair or restoration or remodeling or modernizing
of the project; or

4. That the project or a material part thereof has been

condemned or expropriated and that the project is no
longer viable, or that the condominium owners holding
in aggregate more than seventy percent interest in the
common areas are opposed to continuation of the
condominium regime after expropriation or
condemnation of a material portion thereof; or

5. That the conditions for such partition by sale set

forth in the declaration of restrictions, duly registered
in accordance with the terms of this Act, have been
met. (Sec. 8)

Q: For what purposes, if any, is the creation of a condominium

corporation?
A: The corporate purposes of such a corporation shall be
limited:
1. to the holding of the common areas, either in
ownership or any other interest in real property
recognized by law;
2. to the management of the project; and
3. to such other purposes as may be necessary, incidental
or convenient to the accomplishment of said purposes.
(Sec. 10)

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
TITLE V - POSSESSION
Q: What is possession?
A: Possession is the holding of a thing and the enjoyment of a
right. (A. 523)
Q: What is the object of possession?
A: Only things and rights which are susceptible of being
appropriated may be the object of possession. (A. 530)
Q: What are the requisites/elements of possession?
A: The requisites of possession are:
1. There must be holding or control (occupancy, or taking
or apprehension) of a thing or a right. (This holding
may be actual or constructive.)
2. There must be a deliberate intention to possess
(animus possedendi). This is a state of mind.
3. The possession must be by virtue of ones own right.
(This may be because he is an owner or because of a
right derived from the owner such as that of a tenant.)
Q: State the degrees of possession.
A: Degrees of possession are:
a. Mere holding or having, without any right
whatsoever.grammatical possession (e.g.:
possession by a thief)
b. Possession with a juridical title, but not that of an
owner. (e.g.: that of a lessee, pledgee, depositary.)
juridical possession
c. Possession with a just title, but not from the true
owner.real possessory right. (e.g.: A in good faith
buys an automobile from B who delivers same to A,
and who merely pretended to be the owner.)
d. Possession with a title of dominium, that is, with a just
title from the owner. (This is really ownership or
possession that springs from ownership.)
Q: What are the classes of possession?
A: The classes of possession are the following:
a. In ones own name (A. 524)personal acquisition
1. he must have acquire possession
2. intent to possess
3. possibility to acquire possession
b. In anothers name (A. 524 in rel. to A. 532)agent;
subject to authority, and ratification if not authorized;
negotiorumgestio
1. Voluntary as when an agent possesses for the
principal (by virtue of agreement).
2. Necessary as when a mother possesses for a
child still in the maternal womb.
Note: Here the mother does not possess the child; she
possesses FOR him.
3. Unauthorized (This will become the principals
possession only after there has been a ratification
without prejudice to the effects
negotiorumgestio.)
c. In the concept of owner (enconcepto de dueno) (A.
525) owner himself or adverse possessor
d. In the concept of holder (A. 525) usufruct, lessee,
bailee in commodatum
e. In good faith (bona fide) or in bad faith (mala fide).
The exercise of a right of ownership yields to exercise of the rights
of the agricultural tenant. Possession and ownership are distinct
legal concepts. Ownership confers certain rights to the owner,
among which are the right to enjoy the thing owned and the right
to exclude other persons from possession thereof. On the other
hand, possession is defined as the holding of a thing or
the enjoyment of a right. Literally, to possess means to actually 94
and physically occupy a thing with or without a right. Thus, a
person may be declared an owner but he may not be entitled to
possession. (Heirs of Roman Soriano vs. CA, 363 SCRA 86 [2001])
Q: When is a person deemed a possessor in good faith and
when is he deem in bad faith?
A: He is deemed a possessor in good faith who is not aware
that there exists in his title or mode of acquisition any flaw
which invalidates it. He is deemed a possessor in bad faith who
possesses in any case contrary to the foregoing. Mistake upon a
doubtful or difficult question of law may be the basis of good
faith. (A. 526)
Q: When is a possession in good faith converted into a
possession in bad faith?
A: Possession acquired in good faith does not lose this
character except in the case and from the moment facts exist
which show that the possessor is not unaware that he
possesses the thing improperly or wrongfully. (A. 528)
Q: State the requisites for acquisition of possession from the
viewpoint of who possesses. (A. 532)
A: They are as follows:
1. Personal
a. Intent to possess
b. Capacity to possess
c. Object must be capable of being possess
2. Thru authorized person (agent or legal representative)
a. Intent to possess for principal (not for agent)
b. Authority or capacity to possess (for another)
c. Principal has intent and capacity to possess
3. Thru unauthorized person (but only if subsequently
ratified)
a. Intent to possess for another (the principal)
b. Capacity of principal to possess
c. Ratification by principal
Q: State some presumptions regarding possession.
A: They are the following:
1. Good faith is always presumed. (A. 527)
2. It is presumed that possession [whether in good faith
or bad faith] continues to be enjoyed in the same
character in which it was acquired, until the contrary is
proved. (A. 529)
3. The possession of hereditary property is deemed
transmitted to the heir without interruption, and from
the moment of death of the decedent, in case the
inheritance is accepted. One who validly renounces is
deemed never to have possessed the same. (A. 533)
4. A possessor in the concept of owner has in his favor
the legal presumption that he possesses with just title,
and he cannot be obliged to show or prove it. (A. 541)
5. One who recovers, according to law, possession
unjustly lost, shall be deemed for all purposes which
may redound to his benefit, to have enjoyed it without
of interruption. (A. 561)
6. It is presumed, that the present possessor who was
also the possessor at previous time, has continued to
be in possession during the intervening time, unless
there is proof to the contrary. (A. 1138[2]) in relation
to A. 554 present possessor who shows his
possession at some previous time, is presumed to have
held possession also during the intermediate period, in
the absence of proof to the contrary.
7. The possession of real property presumes that of the
movables therein, so long as it is not shown or proved
that they should be excluded. (A. 542)

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
8. Each one of the participants of a thing possessed in
common shall be deemed to have exclusively
possessed the part which may be allotted to him upon
the division thereof, for the entire period during which
the co-possession lasted. (A. 543)
Q: How is possession acquired? (A.531)
A: Possession is acquired:
1. By material occupation (detention) of a thing or the
exercise of a right (quasi-possession). It includes:
a. Constitutumpossessoriumexists when a person
who possessed property as an owner, now
possesses it in some other capacity, as that of
lessee or depositary.
b. Traditiobrevimanu(the opposite of
constitutumpossessorium) this exists when a
person who possessed a property not as an owner
(like a lessee), now possesses it as owner.
2. By subjection to our will (clearly, this does not require
actual physical detention or seizure). It includes:
a. Traditiosimbolicaeffected by delivering an object
(such as key) symbolizing the placing of one thing
under the control of the vendee.
b. Traditio longa manueffected by mere consent or
agreement of the parties.
3. By constructive possession or proper acts and legal
formalities (such as succession, donation, execution or
public instruments; or thru the possession by a sheriff
by virtue of a court order)
Q: State the rules in case of possession thru succession.
A: They are the following:
1. The possession of hereditary property is deemed
transmitted to the heir without interruption, and from
the moment of death of the decedent, in case the
inheritance is accepted. One who validly renounces is
deemed never to have possessed the same. (A. 533)
2. One who succeeds by hereditary title shall not suffer
the consequences of the wrongful possession of the
decedent, if it is not shown that he was aware of the
flaws affecting it; but the effects of possession in good
faith shall not benefit him except from the date of
death of the decedent. (A. 534)
Q: May minors and incapacitated persons acquire the
possession of things?
A: Yes, BUT they need the assistance of their legal
representatives in order to exercise the rights which from the
possession arise in their favor. (A. 535)
Q: Can minors and incapacitated persons acquire property or
rights thru prescription?
A: Yes, either personally or thru their parents, guardians, or
legal representatives. (A. 1107)
Q: Are there instances when possession cannot be acquired?
A: Yes. Possession cannot be acquired:
a. Thru force or intimidation (as long as there is a
possessor who objects thereto)He who believes
that he has an action or right to deprive another
of the holding of a thing, must invoke the aid of
the competent court,, if the holder should refuse
to deliver the thing. (A. 536)
b. Thru mere tolerance (permission). (Mere inaction
or mere failure to bring an action is NOT the
tolerance referred to in the law) (A. 537)
c. Thru clandestine, secret possession (or possession
without knowledgepossession by stealth). (A.
537). Clandestine possession by itself is hidden or
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
disguised possession and may be with or without
the owners knowledge. 95
Q: Possession as a fact cannot be recognized at the same time
in two different personalities except in the case of co-
possession. Should a question arise regarding the fact of
possession, what are the rules?
A: In cases of dispute regarding possession, the order of
preference would be the following:
1. The present possessor shall be preferred
2. If there are two possessors, the one longer in
possession
3. If the dates of possession are the same, the one who
presents a title
4. If all these conditions are equal, the thing shall be
placed in judicial deposit pending determination of its
possession or ownership through proper proceedings.
(A. 538)
Q: What are the rights/effects arising from possession?
A: They are as follows:
1. Every possessor has a right to be respected in his
possession; and should he be disturbed therein he
shall be protected in or restored to said possession by
the means established by the laws and the Rules of
Court.
A possessor deprived of his possession through forcible
entry may within ten days from the filing of the
complaint present a motion to secure from the
competent court, in the action of forcible entry, a writ
of preliminary mandatory injunction to restore him in
his possession. The court shall decide the motion
within 30 days from filing thereof. (A. 539)
2. Possession acquired and enjoyed in the concept of an
owner can serve as title for acquiring dominion. (A.
540)
a. Possession has to be in the concept of owner,
public, peaceful, and uninterrupted
b. Title short of ownership
3. A possessor in the concept of owner has in his favor
the legal presumption that he possesses with a just
title and he cannot be obliged to show or prove it. (A.
541)
JUST TITLE IN THE CHAPTER OF POSSESSION AND IN
THAT OF PRESCRIPTION
In Possession In Prescription
Just title here is presumed. Just title here must be proved.
(Title refers either to (Title refers either to document or
document or right.) The term right).
show evidently refers to a
document; while the term
prove refers to the right.
Just title here means Just title here means
tituloverdadero y valido titulocolorado (merely colorable
(true and valid title sufficient title although there was a mode
to transfer ownership) of transferring ownership, the
grantor was not the owner).
4. The possession of real property presumes that of the
movables therein, so long as it is not shown or proved
that they should be excluded. (A. 542)
5. Each one of the participants of a thing possessed in
common shall be deemed to have exclusively
possessed the part which may be allotted to him upon
the division thereof, for the entire period during which
the co-possession lasted. Interruption in the
possession of the whole or a part of a thing possessed
in common shall be to the prejudice of all the
possessors. However, in case of civil interruption, the
Rules of Court shall apply. (A. 543)
 CIVIL LAW I REVIEWER
6. A possessor in good faith is entitled to the fruits SUMMARY OF RIGHTS OF POSSESOR ON
received before the possession is legally interrupted. REIMBURSEMENT OF EXPENSES 96
Natural and industrial fruits are considered received
from the time they are gathered or severed. Civil fruits If in Good Faith If in Bad Faith
are deemed to accrue daily and belong to the Necessary Right to be refunded Right to reimbursement
possessor in good faith in that proportion. (A. 544) expenses PLUS right of retention BUT without right of
7. If at the time the good faith ceases, there should be until reimbursed therefor retention
Useful 1. Right to The possessor in bad
any natural or industrial fruits, the possessor shall have
expenses reimbursement of the faith is not entitled to
a right to a part of the expenses of cultivation, and to amount of expenses any right regarding the
a part of the net harvest, both in proportion to the OR to payment of the useful expenses. (A
time of the possession. The charges shall be divided on increase in the value builder or possessor in
the same basis by the two possessors. which the thing may bad faith is not entitled
The owner of the thing may, should he so desire, give have acquired (A. to indemnity for any
the possessor in good faith the right to finish the 546) useful improvement on
cultivation and gathering of the growing fruits, as an 2. Right of the premises because of
retention until paid Art. 449.)
indemnity for his part of the expenses of cultivation
3. Right of
and the net proceeds; the possessor in good faith who removal of
for any reason whatever should refuse to accept this improvement
concession, shall lose the right to be indemnified in (provided no
any other manner. (A. 545) substantial
8. Necessary expenses shall be refunded to every damage/injury is
possessor; but only the possessor in good faith may caused to the
retain the thing until he has been reimbursed therefor. principal, reducing its
value) UNLESS the
Useful expenses shall be refunded only to the
winner (owner or
possessor in good faith with the same right of lawful possessor)
retention, the person who has defeated him in the exercises option (1)
possession having the option of refunding the amount Luxurious or Generally, no right to Generally, no right to
of the expenses or of paying the increase in value ornamental refund or retention but refund or retention but
which the thing may have acquired by reason thereof. expenses can remove if no can remove if no
(A. 546) substantial injury is substantial injury is
9. If the useful improvements can be removed without caused. HOWEVER, caused. HOWEVER,
damage to the principal thing, the possessor in good successor in the lawful possessor has
possession has option to option to allow:
faith may remove them, unless the person who
allow: 1. Possessor to
recovers the possession exercises the option under 1. Possessor to remove OR
paragraph 2 of the preceding article. (A. 547) remove OR 2. Retain for himself
10. Expenses for pure luxury or mere pleasure shall not be 2. Retain for the ornaments by
refunded to the possessor in good faith; but he may himself the paying the value
remove the ornaments with which he has embellished ornaments by they may have at
the principal thing if it suffers no injury thereby, and if refunding the the time he enters
his successor in the possession does not prefer to expenses into possession (A.
incurred (A. 549)
refund the amount expended. (A. 548)
548)

11. Improvements caused by nature or time shall always

16. One who recovers, according to law, possession
insure to the benefit of the person who has succeeded
unjustly lost, shall be deemed for all purposes which
in recovering possession. (A. 551)
may redound to his benefit, to have enjoyed it without
12. A present possessor who shows his possession at some
interruption. (A. 561)
previous time, is presumed to have held possession
also during the intermediate period, in the absence of
Q: What are the duties/liabilities of a possessor?
proof to the contrary. (A. 554)
A: They are as follows:
13. Acts relating to possession, executed or agreed to by
1. The possessor in bad faith shall reimburse the fruits
one who possesses a thing belonging to another as a
received and those which the legitimate possessor
mere holder to enjoy or keep it, in any character, do
could have received, and shall have a right only to the
not bind or prejudice the owner, unless he gave said
expenses mentioned in paragraph 1 of Article 546 (i.e.,
holder express authority to do such acts, or ratifies
necessary and useful expenses) and in Article 443 (i.e.,
them subsequently. (A. 558)
expenses for production, gathering, and preservation).
14. The possession of movable property acquired in good
(A. 549)
faith is equivalent to a title. Nevertheless, one who has
2. The costs of litigation over the property shall be borne
lost any movable or has been unlawfully deprived
by every possessor. (A. 550)
thereof may recover it from the person in possession
3. A possessor in good faith shall not be liable for the
of the same.
deterioration or loss of the thing possessed, except in
If the possessor of a movable lost or which the owner
cases in which it is proved that he has acted with
has been unlawfully deprived, has acquired it in good
fraudulent intent or negligence, after the judicial
faith at a public sale, the owner cannot obtain its
summons. A possessor in bad faith shall be liable for
return without reimbursing the price paid therefor. (A.
deterioration or loss in every case, even if caused by a
559)
fortuitous event. (A. 552)
15. Wild animals are possessed only while they are under
4. One who recovers possession shall not be obliged to
one's control; domesticated or tamed animals are
pay for improvements which have ceased to exist at
considered domestic or tame if they retain the habit of
the time he takes possession of the thing. (A. 553)
returning to the premises of the possessor. (A. 560)

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
Q: When may a possessor lose his possession? SUMMARY OF RECOVERY
A: A possessor may lose his possession: (A. 555) OR NON-RECOVERY PRINCIPLE 97
1. By abandonment of the thing(voluntary renunciation Owner MAY RECOVER 1. From possessor in bad faith
of a thing) WITHOUT 2. From possessor in good faith
a. The abandoner must have been a possessor in the REIMBURSEMENT (if owner had LOST the property or
had been unlawfully deprived of it)
concept of owner (either an owner or mere
(the acquisition being from a
possessor may respectively abandon either private person) (A. 559)
ownership or possession)
Owner MAY RECOVER If possessor acquired the object in good
b. The abandoner must have capacity to renounce or but should faith at a PUBLIC SALE or AUCTION. (A.
to alienate (for abandonment is the repudiation of REIMBURSE 559).
a property right)
c. There must be a physical relinquishment of the Note: The publicity attendant to the
thing or object public sale should have been sufficient
d. There must be no more spes recuperandi warning for the owner to come forward
(expectation to recover) and no more animus and claim the property
Owner CANNOT 1. If possessor had acquired it in
revertendi (intent to return or get back)
RECOVER even if he good faith by purchase from a
2. By an assignment made to another either by onerous offers to REIMBURSE merchants store, or in fairs, or markets
or gratuitous title(the complete transmission of (whether or not the in accordance with the Code of
ownership rights to another person, onerously or owner had lost or been Commerce and special laws (A. 1505,
gratuitously) unlawfully deprived) Civil Code, in rel. to Arts. 85-86, Code of
3. By the destruction or total loss of the thing, or because Commerce)
it goes out of commerce 2. If owner is by his conduct
precluded from denying the sellers
a. A thing is lost when it perishes, or goes out of authority to sell.ESTOPPEL. (A. 1505)
commerce, or disappears in such a way that its 3. If the possessor had obtained
existence is unknown, or it cannot be recovered. the goods because he was an innocent
(A. 1189) purchaser for value and holder of a
b. Partial loss in general results only in the loss of NEGOTIABLE document of title to the
possession of the part lost, although the rule in goods. (See A. 1518)
obligations and contracts is that the courts shall
determine whether, under the circumstances, the Q: State the rules in case of possession of wild animals.
partial loss of the object of the obligation is so A: The rules are as follows: (A. 560)
important as to extinguish the obligation. (A. 1. In case of wild animals, possessor is the one who has
1264) control over them
4. By the possession of another, subject to the provisions 2. In case of domesticated and tamed animals, the
of Article 537 (Acts merely tolerated, and those possessor does not lose possession AS LONG AS they
executed clandestinely and without the knowledge of habitually return to the possessors premises.
the possessor of a thing, or by violence, do not affect Note: Insofar as ownership over domesticated animals are concerned,
A. 716 applies. It says: The owner of domesticated animals may claim
possession.), if the new possession has lasted longer
them within twenty (20) days, to be counted from the occupation by
than one year. But the real right of possession is not another person. This period having expired (without the claim having
lost till after the lapse of ten years. been made), they shall pertain to him who has CAUGHT and KEPT
them.

Q: When is possession not deemed lost?

A: Possession is not deemed lost in the following instances:
1. The possession of movables is not deemed lost so long
as they remain under the control of the possessor,
even though for the time being he may not know their
whereabouts. (A. 556)
2. The possession of immovables and of real rights is not
deemed lost, or transferred for purposes of
prescription to the prejudice of third persons, except in
accordance with the provisions of the Mortgage Law
and the Land Registration laws. (A. 557)
3. Acts relating to possession, executed or agreed to by
one who possesses a thing belonging to another as a
mere holder to enjoy or keep it, in any character, do
not bind or prejudice the owner, unless he gave said
holder express authority to do such acts, or ratifies
them subsequently. (A. 558)

Q: When is possession of a movable equivalent to a title?

A: The possession of movable property acquired in good faith is
equivalent to a title. Nevertheless, one who has lost any
movable or has been unlawfully deprived thereof may recover it
from the person in possession of the same. (A. 559)

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
USUFRUCT VS. LEASE
TITLE VI - USUFRUCT
Usufruct Lease
98
Q: Define usufruct. Extent
A:Usufruct gives a right to enjoy the property of another with As a rule, it covers all fruits Generally covers only a particular
the obligation of preserving its form and substance, unless the and uses or specific use
title constituting it or the law otherwise provides. (A. 562) Nature of the right
Is always a real right Is a real right only if, as in the
Q: What are the characteristics/elements of usufruct? case of a lease over real property,
A: The characteristics/elements of usufruct are the following: the lease is registered, or is for
more than one year, otherwise it
1. ESSENTIAL characteristics (those without which it
is only a personal right
cannot be termed usufruct)
Creator of the right
a. It is a REAL right (whether or not registered) Can be created only by the The lessor may or may not be the
b. It is of temporary nature or duration (not owner, or by a duly authorized owner (as when there is a
perpetual) agent, acting in behalf of the sublease or when the lessor is
c. Its purpose is to enjoy the benefits and derive all owner only a usufructuary)
advantages from the object as a consequence of Origin
NORMAL USE or EXPLOITATION. May be created by law, May be created as a rule only by
2. NATURAL characteristic/element (that which ordinarily contract, last will, or by contract; and by way of exception,
is present, but a contrary stipulation can eliminate it prescription (A. 563) by law (as in the case of an
implied new lease, or when a
because it is not essential)
builder has built in good faith on
a. The obligation of CONSERVING or PRESERVING the land of another a building,
the FORM AND SUBSTANCE (value) of the thing. when the land is considerably
worth more in value than the
Note: Stated otherwise, the requisites of usufruct are: building, etc.) (see A. 448)
1. Real, temporary right to enjoy anothers property Cause
2. The obligation to preserve its form or substance. The owner is more or less The owner or lessor is more or
passive, and he allows the less active, and he makes the
3. ACCIDENTAL characteristics/elements (those which usufructuary to enjoy the lessee enjoyhacegozar
may be present or absent depending upon the thing given in usufruct
stipulation of the parties) dejagozar
a. Whether it be pure or conditional usufruct Repairs
b. The number of years it will exist The usufructuary has the duty The lessee generally has no duty
to make the ordinary repairs to pay for repairs
c. Whether it is in favor of one person or several,
Taxes
etc. The usufructuary pays for the The lessee generally pays no
annual charges and taxes on taxes
USUFRUCT VS. EASEMENTS the fruits
As to other things
Usufruct Easement A usufructuary may lease the The lessee cannot constitute a
Object property itself to another (see usufruct on the property leased
The object here may be real This involves only real property. A. 572)
or personal property.
Rights enjoyed Q: What are the different classifications of usufruct?
What can be enjoyed here are Easement is limited to a particular A: They are as follows:
ALL uses and fruits of the use (like the right of way). A. Classification as to origin (A. 563):
property.
a. Legal (created by law)
Constitution
b. Voluntary (or conventional)
A usufruct cannot be An easement may be constituted
constituted on an easement; in favor of, or burdening, a piece 1. Created by will of the parties INTER VIVOS
but it may be constituted on of land held in usufruct. (as by contract or donation)
the land burdened by an 2. Created MORTIS CAUSA (as in last will and
easement. testament)
Extinguishment c. Mixed (or prescriptive)(created by both law and
Usually extinguished by Not extinguished by the death of act of a person)
death of usufructuary. the owner of the dominant
estate. Q: Must there be a registration of usufruct over real
property?
A: Yes. A usufruct over real property, being a real
right, must be duly registered in order to bind innocent
third parties. (A. 709, C.C.)

B. Classification according to quantity or extent (of fruits

or object) (A. 564, 1st phrase):
a. As to fruits total or partial (depending on
whether all the fruits are given or not)
b. As to object universal (if over the entire
patrimony) or singular or particular (if only
individuals things are included)

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
C. Classification as to number of persons enjoying the
right (A. 564):
a. Simple if only one usufructuary enjoys
b. Multiple if several usufructuaries enjoy
1. Simultaneous (at the same time)
2. Successive (one after the other)
Note: If the usufruct is created by donation, all the donees
must be alive, or at least already conceived, at the time of the
perfection of the donation (A. 756); and in the case of
testamentary succession, there must only be two successive
usufructuaries; moreover, both must be alive or at least
conceived at the time of the testators death. (See 863 and
869)
D. Classification as to quality or kind of objects involved
(A. 564):
a. Usufruct over rights (the right must not be strictly
personal or intransmissible in character, hence,
the right to receive present or future support
cannot be the object of usufruct) (A usufruct
over a real right is also by itself a real right)
b. Usufruct over things
a. Normal (or perfect or regular) usufruct
involves non-consumable things where the
form and substance are preserved
b. Abnormal (or imperfect or irregular) usufruct
E. Classification according to terms or conditions (A. 564)
a. Pure usufruct (no term or condition)
b. With a term or period (a termino)
1. Ex die from a day certain
2. In diem up to a certain day
3. Ex die in diem from a certain day up to a
certain day
c. With a condition (conditional)
1. Suspensive fulfillment of the condition gives
rise to usufruct
2. Resolutory fulfillment of condition
extinguishes the usufruct
Q: What are the rules that govern usufruct?
A: the rules are the following:
1. First, the agreement of the parties or the title giving
the usufruct
2. Second, in case of deficiency, apply the Civil Code (A.
565)
Q: What are the rights of a usufructuary?
A: The following are the rights of a usufructuary:
1. The usufructuary shall be entitled to all the natural,
industrial and civil fruits of the property in usufruct.
With respect to hidden treasure which may be found
on the land or tenement, he shall be considered a
stranger. (A. 566)
2. Natural or industrial fruits growing at the time the
usufruct begins, belong to the usufructuary.
Those growing at the time the usufruct terminates,
belong to the owner. In the preceding cases, the
usufructuary, at the beginning of the usufruct, has no
obligation to refund to the owner any expenses
incurred; but the owner shall be obliged to reimburse
at the termination of the usufruct, from the proceeds
of the growing fruits, the ordinary expenses of
cultivation, for seed, and other similar expenses
incurred by the usufructuary. The provisions of this
article shall not prejudice the rights of third persons,
acquired either at the beginning or at the termination
of the usufruct. (A. 567)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
3. If the usufructuary has leased the lands or tenements
given in usufruct, and the usufruct should expire 99
before the termination of the lease, he or his heirs and
successors shall receive only the proportionate share of
the rent that must be paid by the lessee. (A. 568)
4. Civil fruits are deemed to accrue daily, and belong to
the usufructuary in proportion to the time the usufruct
may last. (A. 569)
5. Whenever a usufruct is constituted on the right to
receive a rent or periodical pension, whether in money
or in fruits, or in the interest on bonds or securities
payable to bearer, each payment due shall be
considered as the proceeds or fruits of such right.
Whenever it consists in the enjoyment of benefits
accruing from a participation in any industrial or
commercial enterprise, the date of the distribution of
which is not fixed, such benefits shall have the same
character.
In either case they shall be distributed as civil fruits,
and shall be applied in the manner prescribed in the
preceding article. (A. 570)
6. The usufructuary shall have the right to enjoy any
increase which the thing in usufruct may acquire
through accession, the servitudes established in its
favor, and, in general, all the benefits inherent therein.
(A. 571)
7. The usufructuary may personally enjoy the thing in
usufruct, lease it to another, or alienate his right of
usufruct, even by a gratuitous title; but all the
contracts he may enter into as such usufructuary shall
terminate upon the expiration of the usufruct, saving
leases of rural lands, which shall be considered as
subsisting during the agricultural year. (A. 572)
8. Whenever the usufruct includes things which, without
being consumed, gradually deteriorate through wear
and tear, the usufructuary shall have the right to make
use thereof in accordance with the purpose for which
they are intended, and shall not be obliged to return
them at the termination of the usufruct except in their
condition at that time; but he shall be obliged to
indemnify the owner for any deterioration they may
have suffered by reason of his fraud or negligence. (A.
573)
9. Whenever the usufruct includes things which cannot be
used without being consumed, the usufructuary shall
have the right to make use of them under the
obligation of paying their appraised value at the
termination of the usufruct, if they were appraised
when delivered. In case they were not appraised, he
shall have the right to return at the same quantity and
quality, or pay their current price at the time the
usufruct ceases. (A. 574)
10. The usufructuary of fruit-bearing trees and shrubs may
make use of the dead trunks, and even of those cut off
or uprooted by accident, under the obligation to
replace them with new plants. (A. 575)
11. If in consequence of a calamity or extraordinary event,
the trees or shrubs shall have disappeared in such
considerable number that it would not be possible or it
would be too burdensome to replace them, the
usufructuary may leave the dead, fallen or uprooted
trunks at the disposal of the owner, and demand that
the latter remove them and clear the land. (A. 576)
12. The usufructuary of woodland may enjoy all the
benefits which it may produce according to its nature.
If the woodland is a copse or consists of timber for
building, the usufructuary may do such ordinary
cutting or felling as the owner was in the habit of
doing, and in default of this, he may do so in
 CIVIL LAW I REVIEWER
accordance with the custom of the place, as to the
manner, amount and season.In any case the felling or
cutting of trees shall be made in such manner as not to
prejudice the preservation of the land.
In nurseries, the usufructuary may make the necessary
thinnings in order that the remaining trees may
properly grow. With the exception of the provisions of
the preceding paragraphs, the usufructuary cannot cut
down trees unless it be to restore or improve some of
the things in usufruct, and in such case shall first
inform the owner of the necessity for the work. (A.
577)
13. The usufructuary of an action to recover real property
or a real right, or any movable property, has the right
to bring the action and to oblige the owner thereof to
give him the authority for this purpose and to furnish
him whatever proof he may have. If in consequence of
the enforcement of the action he acquires the thing
claimed, the usufruct shall be limited to the fruits, the
dominion remaining with the owner. (A. 578)
14. The usufructuary may make on the property held in
usufruct such useful improvements or expenses for
mere pleasure as he may deem proper, provided he
does not alter its form or substance; but he shall have
no right to be indemnified therefor. He may, however,
remove such improvements, should it be possible to do
so without damage to the property. (A. 579)
15. The usufructuary may set off the improvements he
may have made on the property against any damage
to the same. (A. 580)
16. The owner of property the usufruct of which is held by
another, may alienate it, but he cannot alter its form or
substance, or do anything thereon which may be
prejudicial to the usufructuary. (A. 581)
17. The usufructuary of a part of a thing held in common
shall exercise all the rights pertaining to the owner
thereof with respect to the administration and the
collection of fruits or interest. Should the co-ownership
cease by reason of the division of the thing held in
common, the usufruct of the part allotted to the co-
owner shall belong to the usufructuary. (A. 582)
18. After the security has been given by the usufructuary,
he shall have a right to all the proceeds and benefits
from the day on which, in accordance with the title
constituting the usufruct, he should have commenced
to receive them. (A. 588)
Q: What are the obligations of a usufructuary?
A: The following are the obligations of a usufructuary:
1. The usufructuary, before entering upon the enjoyment
of the property, is obliged:
(1) To make, after notice to the owner or his legitimate
representative, an inventory of all the property, which
shall contain an appraisal of the movables and a
description of the condition of the immovables; (2) To
give security, binding himself to fulfill the obligations
imposed upon him in accordance with this Chapter. (A.
583)
Q: When does the provision in Article 583 (2)
inapplicable?
A: The provisions of No. 2 of article 583 shall not apply
to the donor who has reserved the usufruct of the
property donated, or to the parents who are
usufructuaries of their children's property, except when
the parents contract a second marriage. (A. 584)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
Q: When may a usufructuary be excused from the
obligation of making an inventory or of giving security? 100
A: The usufructuary, whatever may be the title of the
usufruct, may be excused from the obligation of
making an inventory or of giving security, when no one
will be injured thereby. (A. 585)
Q: What are the effects of failure to give security in
case usufructuary is bound to give it?
A: The effects are as follows:
A. the owner may demand that:
a. immovables be placed under
administration
b. the movables be sold
c. the public bonds, instruments of credit
payable to order to bearer be converted
into registered certificates or deposited in
a bank or public institution, and that
d. the capital or sums in cash and the
proceeds of the sale of the movable
property be invested in safe securities.
B. Interest on the proceeds of sale and of
property placed under administration shall
belong to the usufructuary.
C. The owner may, if he so prefers, until the
usufructuary gives security or is excused from
so doing, retain in his possession the property
in usufruct as administrator, subject to the
obligation to deliver to the usufructuary the
net proceeds thereof, after deducting the
sums which may be agreed upon or judicially
allowed him for such administration. (A. 586)
2. If the usufructuary who has not given security claims,
by virtue of a promise under oath, the delivery of the
furniture necessary for his use, and that he and his
family be allowed to live in a house included in the
usufruct, the court may grant this petition, after due
consideration of the facts of the case.
The same rule shall be observed with respect to
implements, tools and other movable property
necessary for an industry or vocation in which he is
engaged.
If the owner does not wish that certain articles be sold
because of their artistic worth or because they have a
sentimental value, he may demand their delivery to
him upon his giving security for the payment of the
legal interest on their appraised value. (A. 587)
3. The usufructuary shall take care of the things given in
usufruct as a good father of a family. (A. 589)
4. A usufructuary who alienates or leases his right of
usufruct shall answer for any damage which the things
in usufruct may suffer through the fault or negligence
of the person who substitutes him. (A. 590)
5. If the usufruct be constituted on a flock or herd of
livestock, the usufructuary shall be obliged to replace
with the young thereof the animals that die each year
from natural causes, or are lost due to the rapacity of
beasts of prey.
If the animals on which the usufruct is constituted
should all perish, without the fault of the usufructuary,
on account of some contagious disease or any other
uncommon event, the usufructuary shall fulfill his
obligation by delivering to the owner the remains
which may have been saved from the misfortune.
Should the herd or flock perish in part, also by accident
and without the fault of the usufructuary, the usufruct
shall continue on the part saved.
 CIVIL LAW I REVIEWER
Should the usufruct be on sterile animals, it shall be
considered, with respect to its effects, as though
constituted on fungible things. (A. 591)
6. The usufructuary is obliged to make the ordinary
repairs needed by the thing given in usufruct.
By ordinary repairs are understood such as are
required by the wear and tear due to the natural use
of the thing and are indispensable for its preservation.
Should the usufructuary fail to make them after
demand by the owner, the latter may make them at
the expense of the usufructuary. (A. 592)
7. Extraordinary repairs shall be at the expense of the
owner. The usufructuary is obliged to notify the owner
when the need for such repairs is urgent. (A. 593)
8. The payment of annual charges and taxes and of those
considered as a lien on the fruits, shall be at the
expense of the usufructuary for all the time that the
usufruct lasts. (A. 596)
9. The usufructuary may claim any matured credits which
form a part of the usufruct if he has given or gives the
proper security. If he has been excused from giving
security or has been able to give it, or if that given is
not sufficient, he shall need the authorization of the
owner, or of the court in default thereof, to collect
such credits.
The usufructuary who has given security may use the
capital he has collected in any manner he may deem
proper. The usufructuary who has not given security
shall invest the said capital at interest upon agreement
with the owner; in default of such agreement, with
judicial authorization; and, in every case, with security
sufficient to preserve the integrity of the capital in
usufruct. (A. 599)
10. The usufructuary of a mortgaged immovable shall not
be obliged to pay the debt for the security of which the
mortgage was constituted. (A. 600, 1st par.)
11. The usufructuary shall be obliged to notify the owner
of any act of a third person, of which he may have
knowledge, that may be prejudicial to the rights of
ownership, and he shall be liable should he not do so,
for damages, as if they had been caused through his
own fault. (A. 601)
12. The expenses, costs and liabilities in suits brought with
regard to the usufruct shall be borne by the
usufructuary. (A. 602)
Q: What are the obligations of the owner?
A: The following are the obligations of the owner:
1. If the owner should make the extraordinary repairs, he
shall have a right to demand of the usufructuary the
legal interest on the amount expended for the time
that the usufruct lasts.
Should he not make them when they are indispensable
for the preservation of the thing, the usufructuary may
make them; but he shall have a right to demand of the
owner, at the termination of the usufruct, the increase
in value which the immovable may have acquired by
reason of the repairs. (A. 594)
Q: Can the owner construct works or improvements on
the property subject of the usufruct?
A: Yes. The owner may construct any works and make
any improvements of which the immovable in usufruct
is susceptible, or make new plantings thereon if it be
rural, provided that such acts do not cause a
diminution in the value of the usufruct or prejudice the
right of the usufructuary. (A. 595)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
2. Should the immovable be attached or sold judicially for
the payment of the debt, the owner shall be liable to 101
the usufructuary for whatever the latter may lose by
reason thereof. (A. 600, 2nd par.)
3. Should the thing in usufruct be expropriated for public
use, the owner shall be obliged either to replace it with
another thing of the same value and of similar
conditions, or to pay the usufructuary the legal interest
on the amount of the indemnity for the whole period of
the usufruct. If the owner chooses the latter
alternative, he shall give security for the payment of
the interest. (A. 609)
Q: What are the modes of extinguishing a usufruct?
A: Usufruct is extinguished:
1. By the death of the usufructuary, unless a contrary
intention clearly appears;
2. By the expiration of the period for which it was
constituted, or by the fulfillment of any resolutory
condition provided in the title creating the usufruct;
3. By merger of the usufruct and ownership in the same
person;
4. By renunciation of the usufructuary;
5. By the total loss of the thing in usufruct;
-- If the thing given in usufruct should be lost only in
part, the right shall continue on the remaining part. (A.
604)
6. By the termination of the right of the person
constituting the usufruct;
7. By prescription. (A. 603)
Q: Is usufruct extinguished by the bad use of the thing subject
of the usufruct?
A: No. A usufruct is not extinguished by bad use of the thing in
usufruct; but if the abuse should cause considerable injury to
the owner, the latter may demand that the thing be delivered to
him, binding himself to pay annually to the usufructuary the net
proceeds of the same, after deducting the expenses and the
compensation which may be allowed him for its administration.
(A. 610)
Q: What is the rule in case of a usufruct in favor of a town,
corporation, or association?
A:Usufruct cannot be constituted in favor of a town,
corporation, or association for more than fifty years. If it has
been constituted, and before the expiration of such period the
town is abandoned, or the corporation or association is
dissolved, the usufruct shall be extinguished by reason thereof.
(A. 605)
Q: What are the other rules pertaining to usufruct?
A: They are as follows:
1. A usufruct granted for the time that may elapse before
a third person attains a certain age, shall subsist for
the number of years specified, even if the third person
should die before the period expires, unless such
usufruct has been expressly granted only in
consideration of the existence of such person. (A. 606)
2. If the usufruct is constituted on immovable property of
which a building forms part, and the latter should be
destroyed in any manner whatsoever, the usufructuary
shall have a right to make use of the land and the
materials.
The same rule shall be applied if the usufruct is
constituted on a building only and the same should be
destroyed. But in such a case, if the owner should wish
to construct another building, he shall have a right to
occupy the land and to make use of the materials,
 CIVIL LAW I REVIEWER
being obliged to pay to the usufructuary, during the
continuance of the usufruct, the interest upon the sum 102
equivalent to the value of the land and of the
materials. (A. 607)
3. If the usufructuary shares with the owner the
insurance of the tenement given in usufruct, the
former shall, in case of loss, continue in the enjoyment
of the new building, should one be constructed, or
shall receive the interest on the insurance indemnity if
the owner does not wish to rebuild.

Should the usufructuary have refused to contribute to

the insurance, the owner insuring the tenement alone,
the latter shall receive the full amount of the insurance
indemnity in case of loss, saving always the right
granted to the usufructuary in the preceding article.
(A. 608)
4. A usufruct constituted in favor of several persons living
at the time of its constitution shall not be extinguished
until death of the last survivor. (A. 611)
5. Upon the termination of the usufruct, the thing in
usufruct shall be delivered to the owner, without
prejudice to the right of retention pertaining to the
usufructuary or his heirs for taxes and extraordinary
expenses which should be reimbursed. After the
delivery has been made, the security or mortgage shall
be cancelled. (A. 612)

Q: State the rule in case usufruct is constituted on the whole of

a patrimony and at the time of its constitution the owner has
debts.
A:If the usufruct be constituted on the whole of a patrimony,
and if at the time of its constitution the owner has debts, the
provisions of Articles 758 and 759 relating to donations shall be
applied, both with respect to the maintenance of the usufruct
and to the obligation of the usufructuary to pay such debts.
The same rule shall be applied in case the owner is obliged, at
the time the usufruct is constituted, to make periodical
payments, even if there should be no known capital. (A. 598)

Note:Art. 758. When the donation imposes upon the donee the
obligation to pay the debts of the donor, if the clause does not contain
any declaration to the contrary, the former is understood to be liable to
pay only the debts which appear to have been previously contracted. In
no case shall the donee be responsible for the debts exceeding the
value of the property donated, unless a contrary intention clearly
appears. Art. 759. There being no stipulation regarding the payment of
debts, the donee shall be responsible therefor only when the donation
has been made in fraud of creditors.The donation is always presumed to
be in fraud of creditors, when at the time thereof the donor did not
reserve sufficient property to pay his debts prior to the donation.

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
12. It is perpetual as long as the dominant and or/ the servient
TITLE VII - EASEMENTS estate exists unless sooner extinguished by causes provided
by law.
103
Q: What is easement? 13. It is a continuing right.
A: It is an encumbrance imposed upon an immovable for
thebenefit of another immovable belonging to a different
owner orfor the benefit of a community or one or more CLASSIFICATIONS OF EASEMENT
persons to whom the encumbered estate does not belong.
(Art. 613&614,NCC) A. According to the recipient of benefits:
1. Real or Praedial-this kind of easement exists for the benefit
An easement is a real right on another's property, corporeal and of a particular immovable belonging to different owner.
immovable, whereby the owner of the latter must refrain from doing or 2. Personal-this kind of easement exists for the benefit of one
allowing somebody else to do or something to be done on his or her
or more persons or of a community.
property, for the benefit of another person or tenement.(Pilar
Development Corporation V. Dumadag, et. Al.,2013)
B. According to source or origin and establishment of
Q: Is Easement the same as servitude? easement:
A: Generally,easement is the name used in common law 1. Legal-created by law, whether for public use or private
countries while servitude is used in civil law countries.As interest.
used in the Civil Code of the Philippines,easement is the 2. Voluntary- created by the will or agreement of the owners
same as servitude. of the estate or by the testator.
3. Mixed-created partly by agreement and partly by law.
Easement Lease
1.It is always a real right; 1.It is a real right when it is C. According to the manner they are exercised:
2.It refers only to immovables; registered or when the lease of 1. Continuous-their use is or may be incessant, without the
3. There is rightful limited use real property exceeds one year; intervention of any man.
but without possession or 2.It refers to real or personal 2. Discontinuous-their used is at intervals, and dependent
ownership. property;
upon the acts of man.
3.There is rightful limited use
and possession without
ownership. Note:The classification is important in determining prescription because
only continuous and apparent easements can be created by
prescription.

Personal Easement Usufruct C. According to whether or not their existence is

1.It cannot be alienated; 1.Generally,it can be alienated;
indicated:
2.The use is specifically 2.The use generally comprehends all
designated. the possible uses of the thing.
1. Apparent-those which are made known and are continually
kept in view by external signs that reveal the use and
enjoyment of the same.
Dominant Estate the immovable in favor of which the
easement is established. 2. Non-apparent-those which show no external indication of
Servient Estate the immovable which is subject to the their existence.
easement.
D. According to purpose:
1. Positive-this is also known as servitude of sufferance or
Q: How are easements established?
intrusion or service because it imposes upon the owner of
A:
the servient estate the obligation of allowing something to
1. By law-legal
be done, or doing it himself.
2. By will of the parties-voluntary
When the court says that an easement exists, it is not creating one 2. Negative-this is also known as servitude of abstention or
because even an injunction cannot be used to create one as there is limitation or restriction because it prohibits the owner of
no such thing as judicial easement. The court merely declares the the servient estate from doing something that he could
existence of the easement created by law or the parties.(La Vista lawfully do if the easement did not exist.
Association Inc.,vs.CA,1997)
E. According to the rights given:
Q: What are its characteristics? 1. The right to partially use the servient estate such as right
A: of way.
5. It is a real right which can be asserted against any 2. The right to get specific materials or objects from the
possessor of the servient estate. servient estate such as easement of drawing water.
6. It is imposable only on anothers property. Thus, separate 3. The right to participate in ownership such as easement of
ownership is a prerequisite to an easement. party wall.
7. It is jus in re aliena or a real right that maybe alienated 4. The right to prevent the neighboring estate from
although naked ownership is retained. performing specific act of ownership such as easement of
8. It is a limitation on the servient estate for anothers benefit. intermediate distance.
9. It is inseparable or inherent from the estate to which it
actively or passively belong. F. According to object or obligation imposed:
10. It is indivisible such that even if the servient estate is 1. Positive-this is also known as servitude of sufferance or
divided to two or more persons,the easement is not intrusion or service because it imposes upon the owner of
modified or the dominant estate is divided to two or more the servient estate the obligation of allowing something to
persons,each may use the easement in its entirety. be done, or doing it himself.
11. It is intransmissible or it cannot be alienated separately 2. Negative this is also known as servitude of abstention or
from the tenement affected or benefited. limitation or restriction because it prohibits the owner of

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
the servient estate from doing something that he could
lawfully do if the easement did not exist.
MODES OF ACQUIRING EASEMENTS
A. By Title
Q: What is title?
A: Itrefers to a juridical act or law sufficient to create an
encumbrance such as law,donation and contract.
1. Continuous and apparent (Art.620,NCC)
2. Continuous non-apparent
3. Discontinuous apparent
4. Discontinuous non-apparent(Art.622,NCC)
Note:The existence of an apparent sign of easement between two
estates, established or maintained by the owner of both, shall be
considered as a title in order that the easement may continue
actively and passively.
Q: How does the absence of document or proof showing the
origin of the easement which cannot be acquired by
prescription be cured?
A:
1. By deed of recognition by the servient owner;
2. Final judgment declaring the existence of
easement.(Art.623,NCC)
B. By Prescription
Q: What is the period of period?
A: The law expressly provides for 10 years irrespective of
good faith or bad faith.The general rule on prescription
does not apply because a particular provision otherwise
provides. (Art.620,NCC)
1. Continuous and apparent (Art.620,NCC)
It may be:
a. positive
b. negative
Q: When shall the prescriptive period be counted?
A:
1. In positive easements, from the day on which the
owner of the dominant estate, or the person who may have
made use of the easement, commenced to exercise it upon
the servient estate.
2. In negative easements, from the day on which the
owner of the dominant estate forbade, by an instrument
acknowledged before a notary public, the owner of the
servient estate from executing an act which would be
lawful without the easement.
Q: Who should make the notarial prohibition?
A: The dominant estate through its owner, usufructuary or
possessor or legal representative.
C. By Law otherwise called as compulsory or legal
easement
D. By Agreement otherwise known as voluntary
easement
LAWS THAT GOVERN LEGAL EASEMENT
1. Public Easement- Special rules and regulations relating
thereto;and provision of the Civil Code of the Philippines.
2. Private Easement-The agreement between the parties
provided not contrary to law and does not prejudice third
persons;and provision of the Civil Code of the Philippines.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
RIGHTS AND OBLIGATIONS OF THE OWNERS OF THE
DOMINANT AND SERVIENT ESTATES 104
RIGHTS OF DOMINANT ESTATE
1. To use the easement and exercise all rights necessary for
it.(Art.625&626,NCC)
2. To do at his expense all necessary works for the use and
preservation of the easement.(Art. 627,NCC)
3. To renounce totally the easement if he desires exemption
from the contribution to expenses.(Art.628,NCC)
4. In a right of way, to ask for change in width of easement
sufficient for needs. (Art.651,NCC)
Q: Can he petition for mandatory injunction to prevent
impairment in the exercise of easement.
A: Yes, when the owner of the servient estate obstructs the
right of way by building a wall or fence.
OBLIGATIONS OF THE DOMINANT ESTATE
1. He cannot alter the easement.(Art.627,NCC)
2. He cannot make it more burdensome.(Art.627,NCC)
3. He cannot use the easement except for the immovable
originally contemplated and for the purpose previously
established.(Art.627,NCC)
4. In case there be several dominant estates,to contribute to
necessary expenses in proportion to the benefits received.
RIGHTS OF THE SERVIENT ESTATE
1. To retain ownership and possession of the land affected by
the easement. (Art.630,NCC)
2. To make use of the easement. (Art.628,NCC)
3. To change the place and manner of the use of the
easement if the same should become very inconvenient or
would prevent him from making any works improvements
or repairs. (Art.629,NCC)
OBLIGATIONS OF THE SERVIENT ESTATE
1. He cannotimpair the use of the easement (Art. 629,NCC)
2. To contribute proportionately to expenses if he uses the
easement unless there is a contrary stipulation.(Art.
628,NCC)
3. To pay for the expenses incurred for the change of location
or form of the easement.(Art.629,NCC)
Q: Can he be made liable for damages if he impair the use of
easement?
A: Yes,and he shall also restore it to the conditions prevailing
prior to the impairment at his own expense.
LEGAL EASEMENTS
KINDS:
1. Easement relating to waters
2. Easement of right of way
3. Easement of Party Wall
4. Easement of Light and view
5. Drainage of Building
6. Intermediaiate Distances and Works for certain
constructions and plantings
7. Easement against nuisance
8. Lateral and subjacent support
 CIVIL LAW I REVIEWER
EASEMENT RELATING TO WATERS:
1. Natural drainage of lands-lower estates are obliged to
receive the waters which naturally and without intervention
of man descends from higher estates and the stones or
earth which they carry with them. (Art.637,NCC)
Q: Is the owner of the lower estate obliged to receive waters
which are artificially collected in a man made lagoons?
A: No. Art 637 of the Civil Code in connection with Art.50 of
the Water Coderefer to waters without the intervention of
man. If the waters are thosewhich are artificially collected
in a man-made lagoon, then any damage occasioned
thereby entitles the owner of the lower or servient estate to
compensation. (Remman Enterprises,Inc.v.CA,2000)
2. Drainage of Buildings-The owner of the building should let
rain water fall on his own land and not of the adjacent land
even if he be a co-owner of the latter.Even if the rain water
fall on his own land,he shall collect such water not to cause
damage to the adjacent land or tenement.(Art.674,NCC)
Q: What is the remedy if a house is surrounded by other
houses and it is not possible to give an outlet through the
house itself?
A: Easement of drainage provided that it must be at the point
of easiest egress, with least damage and payment of
indemnity.
3.Easement along riparian banks-The banks of rivers and
streams,even if they are of private ownership,are subject
throughout their entire length and within a zone of three
meters along their margins,to the easement of public use in
the general interest of navigation,floatage,fishing and
salvage.(Art.638,NCC)
Note:The river bank may either be private or public and whether
the river be navigable or not.
Q: What is easement of sirga?
A: It is refers to easement on banks of navigable or floatable
rivers; easement of tow path for the exclusive service of
river navigation and floatage.
Q: How much is the easement allowed?
A: 2 meters if it is for animals while 1 meter if it is for
pedestrians.
4. Easement Concerning Dam-Whenever it should be
necessary to build a dam, and the person who is to
construct it is not the owner of the banks, or lands which
must support it, he may establish the easement of
abutment of a dam, after payment of the proper
indemnity.(Art.639,NCC)
5. Easement for drawing water or for watering animals- This
can be imposed only for reasons of public use in favor of a
town or village, after payment of the proper
indemnity.(Art.640,641,NCC)
Q: What is the maximum width allowed?
A: 10 meters.
Q: Does easement for drawing water or watering animals
includes easement of right of way?
A: Yes becauseit is its accessory easement.The law provides
that it is the obligation of the servient estates to allow
passage to persons and animals to the place where the
easements are to be used.(Art.641,NCC)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
6. Easement of Aqueduct-the right to make water flow 105
through intervening estates in order that one may make
use of said waters.This easement is considered as
continuous and apparent even if the flow of water may not
be continuous.(Art.646,NCC)
Q: What are its requisites?
A:
1. Indemnity must be paid.
2. There must be proof that he can dispose of the water
which is sufficient for the use for which it is intended;
3. That the proposed course is the most convenient and
the least onerous to third persons andthe servient estate
4. That the proper administrative permission be
obtained(e.i.municipal council when municipal streets are
crossed)
Q: On what properties does easement of aqueduct cannot be
imposed?
A: Easement of aqueduct for private interest cannot be
imposed on buildings, courtyards, annexes, or outhouses,
or on orchards or gardens already existing.
7. Easement for the construction of stop lock or sluice gate-
Q: What are its requisites?
1. Purpose must be for irrigation or improvement;
2. Construction must be on the estate of another;
3. Damages must be paid;
4. Third persons should not be prejudiced.
EASEMENT OF RIGHT OF WAY
This is the privilege by which one person or class of persons
is allowed to pass over anothers land usually thru one
particular path.
Q: What are its requisites?
A:
1. The property is surrounded by other immovables
and is without adequate outlet to a public highway;
Q: What is meant by adequate outlet?
A: An adequate outlet is one that is sufficient for the purpose
and needs of the dominant owner, and can be established
at a reasonable expense.
2. There must be payment of proper indemnity;
Q: What does the indemnity consists?
A:
a. If the passage is permanent,value of the
land plus damages;
b. If the passage is temporary,only damages.
3. It must be established at the point least prejudicial
to the servient estate;
The criterion of least prejudicial to the servient estate must prevail
over the criterion of shortest distance although this is a matter of
judicial appreciation. While shortest distance may ordinarily imply
least prejudice, it is not always so as when there are permanent
structures obstructing the shortest distance; while on the other
hand, the longest distance may be free of obstructions and the
easiest or most convenient to pass through. (Quimen v. CA,1996)
Mere inconvenience on the part of the dominant estate is not
enough to serve as basis for easement of right of way.There must
be real,not fictitious or artificial necessity for it.(Ramos
v.Gatchalian,Realty,Inc.,1987)
As between a right of way that would demolish a fence of strong
materials to provide ingress and egress to a public highway and
another right of way which although longer will only require a van
 CIVIL LAW I REVIEWER
or vehicle to make a turn, the second alternative should be Temporary easement of right of way
preferred. Mere convenience for the dominant estate is not what is When available:
required by law as the basis for setting up a compulsory easement. 1. If it be indispensable for the construction, repair,
106
(Quintanilla v.Abangan,2008)
improvement, alteration, beautification of a building to
carry materials through the estate of another, or
2. To raise thereon scaffolding or other objects necessary
4. The isolation must not be due to the proprietors
for the work.(Art.656, NCC)
own act;
5. Demandable only by the owner or one with real
Easement of right of way for the passage of livestock
right.
(servidumbrespecuarias)
This refers to animal path,animal trail or those for watering
Q: Who has the burden of proof to establish the requisites of a
places,resting places and animal folds.
compulsory right of way?
A: The owner of the dominant estate.
Q: What rules govern this type of easement?
A: Ordinances and regulations relating to such and in
Q: What is the width of the easement of right of way?
default,by usages and customs of the place.(Art.657,NCC)
A: The width of the easement of right of way shall be that
which is sufficient for the needs of the dominant estate,
Q: What are the maximum width allowed?
and may accordingly be changed from time to time.
A:
(Art.651,NCC)
1. Animal Path- 75 meters
2. Animal Trail- 37 meters and 50 centimeters
Q: Can easement of right of way be acquired by prescription?
3. Compulsory easement for a watering place of animals-
A: No,because it is discontinuous or intermittentand the law
10 meters.
provides that only continuous and apparent easement can
be acquired by prescription. The limitation on the servient
Ownership, repairs and taxes on the easement of
owners right of ownership exists only when the dominant
right of way
owner actually crosses or passes over the servient estate
Permanent Temporary
which he does only at intervals.
Ownership
The use of a footpath or road may be apparent but it is not continuous
easement because its use is at intervals anddepends upon the acts of Ownership belongs to Ownership belongs to
man. It can be exercised only if a man passes or puts his feet over servient estate servient estate
somebody else's land.(Abellana V. CA,1992)
The easement of right of way the privilege of persons or a particular
class of persons to pass over anothers land,usuallythrough one Repairs
particular path or linen ischaracterized as a discontinuous easement Dominant owner pays Servient owner pays
because its use is in intervals and depends on the act of man.(Bicol the repairs the repairs
Agro-Ind v. Obias,2009) Taxes
Q: Can expropriation be used to create a an easement of right Dominant owner pays Servient owner pays
of way? proportionate the taxes.
A: The Republic may in the exercise of eminent domain to taxes to the
servient estate.
impose a burden or encumbrance upon the condemned
property.It is unquestionable that real property may thru
expropriation be subjected to easement of right of Causes for extinguishment of the easement of right of
way.Thus,it may require PLDT to permit interconnection way:
between the government telephone system and that of 1. The right of way has ceased to be necessary because the
PLDT as the needs of the government arise subject to owner of the dominant estate has joined it to another
payment of just compensation. The use of the PLDTs lines abutting the public road.
and services to allow interconnection between telephone 2. A new road is opened giving access to the isolated estate
system is not much different. In either case, private
property is subjected to burden for public use and Q: Is the extinguishment automatic?
benefit.(Republic v.PLDT, 1969) A: No. The law provides that the servient owner may demand
that the easement be extinguished returning what he may
have received by way of indemnity,hence,it follows that if
When right of way is granted with and without he chooses not to demand,the easement
indemnity in sale, exchange, partition or donation remains.(Art.655,NCC)
Q: Does the indemnity to be returned include interest if any?
SALE,EXCHANGE OR DONATION A: No. The law provides that the interest shall belong to the
PARTITION owner of the servient estate as a rent for the use of the
The land of the donor,vendor,exchanger or co-owner is easement.(Art.655,NCC)
the enclosing estate:
Right of way may be granted Right of way may be granted EASEMENT OF PARTY WALL(Servidumbre de medianera)
without payment of provided the donee pays Q: What is a party wall?
indemnity. indemnity. A: It refers to the wall at the dividing line of estates.A party
The land of the donor,vendor,exchanger or co-owner is wall is necessarily a common wall but not all common walls
the enclosed estate: are party walls.
Right of way may be granted Right of way may be granted This is governed by:
but with indemnity. without indemnity. 1. Civil Code
2. Local Ordinances and Customs not in conflict with the Civil
Code;
3. Rules of Co-ownership

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
Q: Is the easement of party wall a case of co-ownership? RIGHTS OF THE PARTY WALL OWNERS
A: Yes.It is a compulsory kind of co-ownership where shares 1. To use the party wall in proportion to their share in the co- 107
of each owner cannot be separated physically since the wall ownership;
would necessarily be destroyed. Each co-owner owns the 2. To increase the height of the wall;
half nearest to him. 3. To renounce their part ownership in the party wall;
Note:A party wall has a special characteristic that makes it more of 4. To acquire part ownership on any increase made in the
an easement as it is called by law. height of the party wall.

PARTY WALL CO-OWNERSHIP OBLIGATIONS OF THE PARTY WALL OWNERS

Each co-owner can point Each co-owner cannot point 1. Owners of the party wall must contribute in proportion to
to a definite portion of definite portion of the property
their rights to the cost of repairs,construction and
the wall as his own. before the division.
maintenance of the fences,drains and ditches owned in
common.(Art.662,NCC)
The party wall owners None of the co-owners may use
may use the property for the community property for his
their exclusive benefit. exclusive benefit because he Q:May a party owner renounce his part ownership to exempt
would be invading the rights of himself from the contribution?
the others. A:
General Rule: Yes.
Partial renunciation is Partial renunciation is allowed.
disallowed. Exceptions:
1. When the party wall supports a building
When existence of easement of partywall is belonging him.(Art.662,NCC).
presumed: 2.If the repair had already been made, he
must still pay the repairer.
1. In dividing walls of adjoining buildings up to the point of
common elevation; Q: What are requisites of valid renunciation?
2. In dividing walls of gardens or yards situated in cities,
towns, or in rural communities; A:
3. In fences, walls and live hedges dividing rural lands. 1. Must be total or complete;
(Art.659,NCC) 2. Must be voluntary and with full knowledge of the facts;
4. In ditches and drains opened between two estates. 3. Must be made before the expenses are incurred;
(Art.661,NCC) 4. Must cover both the share in the wall and share in the land
because the wall cannot be used without the land.
Q: What are the rebuttals to disprove the presumptions?
A: 2.To pay the cost of all repairs and work necessary to prevent
1. Title to the Contrary; any damage that may be caused to the party wall in case
2. Exterior signs to the Contrary; the owner of the building supported by a party wall desires
3. Proof to the Contrary. to demolish his building.(Art.663,NCC)
Note:When there is a conflict between a title and exterior
sign,theformer prevails because it is express as compared to exterior 3.In case the height of the party wall is increased,the owner
sign from which there is merely aninference. which caused it shall pay solely all the expenses and any
damage caused by the work.(Art.664,NCC)
Q: What are the exterior signs disproving the existence of a
party wall? Q: Who shall pay the expenses of maintaining and preserving
A: They are as follows and they show that the walls,fences or the wall newly raised?
hedges belong exclusively to the owner of the property A: The party wall owner who caused the increased in the
who has in his favor the presumption: height of the party wall and not all the party wall owners.
1. Whenever in the dividing wall of buildings there is a
window or opening; Q: What is the obligation of the party owner who caused the
2. Whenever the dividing wall is, on one side straight and increased in height if the party wall cannot bear the work?
plumb on all its facement, and on the other, it has similar A: He shall reconstruct it at his own expense and if it is
conditions on the upper part, but the lower part slants or necessary to make it thicker,he shall give the space
projects outward; required from his own land.(Art.664,NCC)
3. Whenever the entire wall is built within the boundaries of
one of the estates; Q: Who owns the increased height or thickness in the
4. Whenever the dividing wall bears the burden of the binding party wall?
beams, floors and roofframe of one of the buildings, but A:
not those of the others; General Rule: The party owner who caused the
5. Whenever the dividing wall between courtyards, gardens, increased height or thickness shall be the exclusive
and tenements is constructed in such a way that the coping owner.
sheds the water upon only one of the estates; Exception: The other party owners may
6. Whenever the dividing wall, being built of masonry, has acquire ownership over the increased height by paying
stepping stones, which at certain intervals project from the proportionally the value of the work at the time of the
surface on one side only, but not on the other; acquisition and of the land used for its increased
7. Whenever lands enclosed by fences or live hedges adjoin thickness.(Art.665,NCC)
others that are not enclosed. 4. Not to interfere with the common and respective uses by
Note:In case of party ditch and party drain,there is a sign to the
the other co-owners of the party wall.(Art.666,NCC)
contrary if a deposit of dirt is on one sidealone,the owner of that side is
considered as the owner of the ditch.

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
EASEMENT OF LIGHT AND VIEW
KINDS:
1. Easement of light otherwise called as jus luminum- the
right to admit light from the neighboring estate by virtue of
the opening of a window or certain openings.
2. Easement of view otherwise called as jus prospectus -the
right to make openings or windows to enjoy the view
through the estate of another and to prevent all
constructions or works which would obstruct such view or
make the same difficult.
WHEN EASEMENT OF LIGHT AND VIEW IS POSITIVE
AND NEGATIVE
Regular Windows
Q: What is a regular window? 108
A: It is a bigger window than the restricted window.
Q: What are the proper distances that must be followed in
opening a regular window?
A:
1. For windows having direct views,atleast 2 meters between
the wall having the windows and the boundary line;
2. For windows having side or oblique views,atleast 60
centimeters between the nearest edge of the window and
the boundary line.(Art.670)
Note:It is permissible to build even up to the boundary line,provided
no regular windows are opened.

Positive Negative Q: Does non observance of the above mentioned distances

If the opening of a If the opening of a window is
window is through a through ones wall or the
party wall which extends wall of the dominant estate
over the neighboring which does not extend over
land. the neighboring land.
Creation
To create an easement, To create an easement,a
An act of sufferance or prohibition is required.
Allowance is required.
Prescriptive Period for acquisition
from the opening of the from the time of formal
window. prohibition upon the
roprietor of the adjoining
land or tenement.
give rise to prescription?
A: No.The law provides that non-observance of the distances
does not give rise to prescription.(Art.670, NCC).In
addition,it is a negative easement hence; notarial
prohibition is required to start the running of the
prescriptive period.
Note: The 2m and 60cm are not applicable to buildings separated by a
public way or alley,which is not less than 3 meters wide,subject to
special regulation and ordinance.
Whenever by any title a right has been acquired to have direct views,
balconies or belvederes overlooking the adjoining property, the owner
of the servient estate must not build at less than 3 meters from the
outer line of the wall when the opening do not project,from the outer
line of the latter when they do or in cases of oblique views from the
dividing line between the two properties.

INTERMEDIATE DISTANCES AND WORKS FOR CERTAIN

Q: Does a mere opening of a window creates easement of
light and view?
A: No. Easement of light and view is acquired after a sufficient
lapse of time and the window still remains open.
Q: What is meant by a formal prohibition?
A: It refers to notarial prohibition ,a prohibition in writing
executed in due form and/or with solemnity.
Restricted windows and regular/full windows
Q: What is a restricted window?
A: It is opening to admit light and not of view.
Q: What are the restrictions?
A:
1. The opening must be at the height of the ceiling joist or
immediately under the ceiling;
2. The maximum size must be 30 centimeters square;
3. There must be an iron grating imbedded in the wall;
4. There must be a wire screen.
Q: In what instance can a restricted window be made?
A: The law provides that the owner of a wall which is not a
party wall adjoining a land or tenement of another can
make in it openings to admit light if the distances in article
670 are not observed ,that is 2 meters and 60 centimeters
for windows having direct views and windows having side
or oblique views respectively.
Q: What is remedy of the owner of the tenement adjoining the
wall in which the opening was made?
A:
1. The law provides that he can obstruct the opening by
constructing a building on his land or raising the wall
thereon contiguous to the opening made unless an
easement of light has been acquired.(Art.669,NCC)
2. He can close it if he acquire part ownership provided there
is no stipulation to the contrary.(Art.669,NCC)
CONSTRUCTIONS AND PLANTINGS
This type of easement is generally dictated by public security
and safety.
RULES:
1. No construction can be built or plantings made near
fortified places or fortresses without compliance with
conditions required in special laws,ordinances,and
regulations relating thereto.(Art.677,NCC).
2. No person shall build aqueduct, well, sewer,
furnace,forge,chimney,stable,depository of corrosive
substances,machinery,or factory which by their nature is
dangerous or noxiouswithout observing the distances
prescribed by regulations or customs of the place, or taking
necessary precaution and without making necessary
protective works.
Q: Is the prohibition waivable?
A: No. The law provides that it cannot be altered or renounced
by stipulation on the part of the adjoining
proprietors.(Art.678,NCC)
Q: What is the remedy if the prohibition is violated?
A: Damages.(Art.2191,NCC)
3. No trees shall be planted near a tenement or piece of land
belonging to another.
Exceptions:
A. When the distance authorized by the ordinances or customs
of the place is observed.
B. In the absence of ordinance or custom,the distance
provided by the Civil Code must be observed ,thus:
B1. At least 2 metersfrom the dividing line of the estates if
tall trees are planted;
B2. At least 50 centimetersif shrubs or small trees are
planted.

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
Q: What is the remedy of the land owner if the distance was
not complied with?
A: The law provides that he may demand uprooting even if
the trees have grown spontaneously. (Art.679,NCC)
4. If the branches of any tree should extend over a
neighboring estate, tenement, garden or yard, the owner of
the latter shall have the right to demand that they be cut-
off. However, if it be the roots of a neighboring tree which
should penetrate into the land of another, the latter may
cut them off himself within his property.
5. Fruits naturally falling upon adjacent land belong to the
owner of said land.
Q: Who own the fruits still hanging on the trees?
A: Tree owner, however if they have naturally fallen to the
adjoining land, they now belongs to the owner of the
invaded land.
EASEMENT AGAINST NUISANCE
This prohibits the proprietor or possessor of every building
from committing nuisance through noise,jarring, offensive
odor,smoke,heat,dust,water,glare and other causes.
Q: Who is servient in an easement against nuisance?
A: The proprietor or owner of a building or piece of land who
commits nuisance through the above mentioned
prohibitions.in another sense,the servient estate is the land
itself or the building since easement is inherent in every
land or building.
Q: Who is the dominant in an easement against nuisance?
A: The general public or anybody injured by the nuisance.
Q: What are the limitations in the establishment of a factory in
the neighborhood?
A: There must be least possible annoyance to the
neighborhood aside from zoning, health, police and other
laws and regulations.(Art.683, NCC)
LATERAL AND SUBJACENT SUPPORT
Q: What is lateral support?
A: The support is lateral if both the land being supported and
the supporting land are on the same plane.
Q: What is a subjacent support?
A: The support is subjacent if the supported land is above the
supporting land.
RULES:
1. No proprietor shall make excavations upon his land as to
deprive any adjacent land or building of sufficient lateral or
subjacent support. (Art.684,NCC)
Q: What is the remedy if the prohibition is violated?
A: Injunction and damages.
Q: What is the status of a testamentary provision allowing
excavations that cause danger to an adjacent land or
building?
A: The law provides that testamentary provision allowing
dangerous excavation is null and void. (Art.685, NCC).The
purpose is to protect the safety of the public.
2. The legal easement of lateral and subjacent support is not
only for buildings standing at the time of excavation but
also for construction that may be erected.(Art.686,NCC)
3. Any proprietor intending to make excavation shall notify all
owners of the adjacent land.(Art.687,NCC).The purpose of
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
notice is to enable the adjoining owner to make proper
precautions. 109
VOLUNTARY EASEMENTS
This kind of easement is created by will of the parties.
RULES:
1. Every owner of a tenement or piece of land may establish
thereon the easements which he may deem suitable, and in
the manner and form which he may deem
best.(Art.688,NCC)
Q: What are the limitations if any?
A: It should not be contrary to the following:
1. law;
2. Public Policy;
3. Public order.
Note:Only the owner or someone else in the name of and with
authority of the owner may establish a real voluntary easement.In
personal easement,any person with legal capacity may acquire the
easement in his favor.
2. The owner of a thing, the usufruct of which belongs to
another, may impose thereon, without the consent of the
usufructuary, any servitudes which will not injure the right
of usufruct. (Art.689,NCC)
Q: Suppose the owner of a land or tenement established a
voluntary easement without the consent of the
usufructuary, is there any liability if any?
A: Yes,he would be made liable for damages if the servitude
injures right of the usufructuary.
3. Whenever the naked ownership belongs to one person and
the beneficial ownership to another, no perpetual voluntary
easement may be established thereon without the consent
of both owners. (Art.690,NCC)
4. Consent of all co-owners is required to impose an easement
on an undivided tenement.(Art.691,NCC)
Q: What if some but not all had given their consent?
A: The consent must be held in abeyance until all of the co-
owners shall have expressed their conformity.
Q: What if the consent by one co-owner is given separately
from the others?
A: The consent shall bind the grantor and his successors not
to prevent the exercise of the right given.(Art.691,NCC)
Note:unanimous consent is required and once consent is given,it cannot
be revoke except if the consent is vitiated.
5. The title and in proper case,the possession of an easement
acquired by prescription shall determine the rights of the
dominant estate and the obligation of the servient
estate.(Art.692,NCC)
Q: In default of title and possession,what shall apply?
A: The applicable provision of the Civil Code because the law
provides that Civil Code shall have a suppletory
application.(Art.692,NCC)
6. If the owner of the servient estate should have bound
himself upon the establishment of easement to bear the
cost of the work for use and preservation,he may renounce
his property in favor of the dominant estate to free himself
from the obligation.(Art.693,NCC)
 CIVIL LAW I REVIEWER
Q: Should the renunciation cover the whole property?
A: I qualify:
If the servitude is on the whole property, the whole
property must be renounced, however if the servitude
affects only part of the estate then only that part affected
by the servitude shall be renounced.
Q: How is renunciation effected?
A: The renunciation must comply with the proper juridical
form for the transmission of ownership of real property.
MODES OF EXTINGUISHMENT OF EASEMENT
1. By merger in the same person of the ownership of
the dominant and servient estates;
Q: What are the requirements?
A:
A. Must be absolute referring to absolute ownership;
B: Must be perfect referring to merger not subject to any
condition;
C. Must not be merely temporary otherwise, there is at
most a suspension of the easement, but no
extinguishment.
2. By nonuser for ten years;
Chung,2009 )
110
OTHER CAUSES OF EXTINGUISHMENT OF EASEMENT
NOT EXPRESSLY MENTIONED IN THE CIVIL CODE:
1. Expropriation of the servient estate;
2. Permanent impossibility to make use of the
easement;
3. Annulment,rescission,or cancellation of title that
constituted the easement;
4. Abandonment of the servient estate;This
extinguishes the easement because ownership is
transferred to the dominant owner, who now owns
both properties.
5. Resolution of the right of the grantor to create the
easement such as when there there redemption of
the property sold a retro because of the exercise of
conventional redemption.

Q: When does the 10 year period starts to run?

A: I qualify:
For discontinuous easement,from the day on which they
ceased to be used;
For continuous easement,from the day on which an act
contrary to the same took place.(Art.631,NCC)

Note:The right to claim or exercise some but not all of legal

easements never prescribe because they are founded on
necessity,however the form and manner of using the legal
easement may indeed prescribe,such as using a particular
right of way.

3. When either or both of the estates fall into such condition

that the easement cannot be used;

Note: This merely suspends the easement unless extinguishment is

caused by period for non-user.

Q: Can the easement be revived ?

A:
General rule:Yes.The law provides that it can be
revived if the subsequent condition of the estates or
either of them should permit its use.

Exception: when the use becomes possible but

sufficient time for prescription has elapsed and thus it
cannot be used anymore.(Art.631,NCC)

4. By the expiration of the term or the fulfillment of the

condition, if the easement is temporary or conditional;

5. By the renunciation of the owner of the dominant estate;

Q: What are the requirements?
A: Must be express,clear and specific.

6. By the redemption agreed upon between the owners of the

dominant and servient estates.
Note:This refers to voluntary redemption existing because of express
Stipulation
Registration of the dominant estate under the Torrens system without
the annotation of the voluntary easement in its favor does
not extinguish the easement. On the contrary, it is the registration of
the servient estate as free, that is, without the annotation of the
voluntary easement, which extinguishes the easement. (Unisource v.

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
C. According to scope of injurious effects:
TITLE VIII - NUISANCE
111
1. Public one that affects a community or neighborhood or
Q: What is a nuisance? any considerable number of persons although the extent of
A: A nuisance is any act, omission, establishment, business, annoyance,annoyance,injury or damage upon individuals
condition of property, or anything else which: may be unequal.(Art.695,NCC)
1. Injures or endangers the health or safety of others; 2. Private one not included in the definition of a public
2. Annoys or offends the senses; nuisance.(Art.695,NCC)
3. Shocks, defies or disregards decency or morality; It may be defined as one which violates only private rights
4. Obstructs or interferes with the free passage of any public and produces damages to but one or a few specific
highway or street, or any body of water; or persons.
5. Hinders or impairs the use of property. 3. Attractive Nuisance

Q: Does abatement of nuisance extinguished by prescription? Q: What is an attractive nuisance?

A: No.The law provides that lapse of time cannot legalize any A: It is a dangerous instrumentality or appliance which is likely
nuisance and an action to abate the same is not to attract children.
extinguisehed by prescription.(Art.697 & Art.1143(2),NCC)
Q: What is the doctrine of attractive nuisance?
NUISANCE AND NEGLIGENCE DISTINGUISHED: A: One who maintains on his own estate or premises an
NUISANCE NEGLIGENCE attractive nuisance without exercising due care to prevent
1.Nuisance is wrong 1.Negligence is penalized children from playing therewith or resorting thereto is liable
because of the injury because of lack of
to a child of tender years who is injured therby even if the
caused not because of proper care;
the presence or 2.The act complained of child is technically a trespasser in the premises.(Jarco
absence of care; which caused injury to Marketing Corp.v.CA,1999)
2.There is a continuingharm plaintiff has already
being suffered by the been done; Q: What is the basis for liability?
aggrieved party 3.Abatement is not a A: The failure to set up safeguards or necessary precautions
because of the remedy; to avoid danger considering that the attractiveness of the
maintenance of the act 4.Damages can be nuisance is an invitation to children.
complained of recovered.
3.Abatement of nuisance is
a remedy. Q: Is a swimming pool an attractive nuisance?
4.Damages can be A: No. A swimming pool or water tank is not an attractive
recovered. nuisance, for while it is attractive, it cannot be a nuisance,
being merely an imitation of the work of nature.Hence,if
NUISANCE AND TRESPASS DISTINGUISHED: small children are drowned in an attractive water tank of
Trespass Nuisance another,the owner is not liable even if there be guards on
1.There is entry into1.There is use of ones own the premises.(HidalgoEnterprises Inc. v. Balandan et
anothers property; property in such a al.,1952)
2.Injury is direct and manner as to cause
immediate. injury to the property
RULES ON LIABILITY
or right or interest of
1. The person who created the nuisance is liable for any
another;
damage or injury caused;
2.Injury is consequential
2. Every successive owner or possessor of property who fails
or refuses to abate a nuisance in that property started by a
Classifications of nuisance: former owner or possessor is liable therefor in the same
A. According to nature : manner as the one who created it.(Art.696,NCC)
1. Nuisance per se or at law -an act, occupation or structure Q: What is the nature of liability of two or more
which is a nuisance at all times and under any personsresponsible for nuisance?
circumstances, regardless of location or surroundings. A: If there is a common design or interest, their liability is
A nuisance per se is that which affects the immediate safety of persons
and property and may be summarily abated under the undefined law of
solidary .
necessity. Evidently, the concrete posts summarily removed by Q: What is the nature of liability of two or more persons acting
petitioner did not at all pose a hazard to the safety of persons and independently in creating a nuisance?
properties, which would have necessitated immediate and summary A: Where several persons, acting independently, cause
abatement. (Telmo v. Bustamante,2009) damage by acts which constitute a nuisance, each is liable
The wing walls do not per se immediately and adversely affect the for the damage which he has caused or for his
safety of persons and property. The fact that an ordinance may declare proportionate share of the entire damage.
a structure illegal does not necessarily make that structure a
3. In case of transferee of a property where there exists a
nuisance.(Gancaycov.Quezon City,2011)
nuisance created by his predecessors in title:
2. Nuisance per accidensor in fact - one which becomes a
General Rule:
nuisance by reason of circumstances and surroundings.
He is not liable for continuing it in its original form
without knowledge that it is injurious to the
B. According to manner of relief:
rights of others.
1. Those abatable by criminal and civil actions
2. Those abatable by civil actions
Exception:
3. those abatable judicially;
He knowingly permits the continuance of the act that
4. Those abatable extrajudicially
constitute the nuisance despite being notified and
requested to remove it or despite knowledge that
such act is injurious to the rights of others.

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
Q: Can the transferee be held liable if he cannot physically Q: How may aa private person abate a public nuisance:
abate the nuisance without legal action A: 112
A: No. He shall not be liable for such nuisance. 1. By removing it;or
2. destroying the thing doing unnecessary injury or breach of
REMEDIES peace.
B.Remedies for Private Nuisance:
A. Remedies for Public Nuisance: 1. Civil action; or
1. A prosecution under the Penal Code or any local ordinance: 2. Extrajudicial abatement.
2. A civil action; or Note: Same rules in extrajudicial abatement of a public nuisance.
3. Abatement without judicial proceeding
Q: What are the defenses available?
Q: What are the requisites of extrajudicial abatement? A:
A: 1. non-existence of nuisance
a. It must be reasonably and efficiently exercised; 2. Impossibility of abatement
b. Means employed must not be unduly oppressive on
individuals, Q: When may a private person or public official extrajudicially
c. There must be no more injury to be done to the property or abating a nuisance liable for damages:
rights of individuals than is necessary to accomplish the A:
abatement,and 1. If he causes unnecessary injury; or
d. No right to compensation even if property is taken or 2. If an alleged nuisance is later declared by the courts to be
destroyed. not a real nuisance.

Q: May a construction in a public plaza by a private person be C. Remedies of the property owner
abated summarily by the municipality? 1. Court action to determine if the act really constitute a
A: Yes. The abatement of a public nuisance is necessary nuisance;
pursuant to the complaint which alleges factual 2 An action for replevin;
circumstances calling for abatement of nuisance.In such a 3. To enjoin the sale or destruction of the property;
case, a public plaza is outside the commerce of man and 3. An action for the proceeds of its sale and damages if it has
construction thereon can be abated summarily by the been sold; or
municipality.(Tamin v. CA,1992) 4. To enjoin private parties from proceeding to abate a
Note: The above remedies can be simultaneously pursued. supposed nuisance.

RULES IN EXTRAJUDICIAL ABATEMENT OF NUISANCE:

1. The district health officer shall take care that one or all of
the remedies against a public nuisance are availed
of.(Art.700,NCC)
Note: In one case it is the city engineer because he is the
proper officer in so far as illegal constructions of houses or
construction in a public street is concerned.
2. If a civil action is brought by reason of the maintenance of
a public nuisance, such action shall be commenced by the
city or municipal mayor. (Art.701,NCC)
3. The district health officer shall determine whether or not
abatement, without judicial proceedings, is the best remedy
against a public nuisance.(Art.702,NCC)
Q: When may a private person sue on account of a public
nuisance?
A: Yes.If the public nuisance is especially injurious to
him.(Art.703,NCC)
Q: In case he opted for extrajudicial abatement, what are the
requisites ?
A:
1. That demand be first made upon the owner or possessor of
the property to abate the nuisance;
2. That such demand has been rejected;
3. That the abatement be approved by the district health
officer and executed with the assistance of the local police;
and
4. That the value of the destruction does not exceed P3000
TITLE IX- REGISTRY OF
PROPERTY
It has for its object the inscription or annotation of the acts
and contracts relating to ownership and other rights over
immovable.
Purpose of Registration:
1. To give notice to the true status of the real property and
real rights thereto;
2. To affect third persons;
3. To record acts and contracts involving modifications and
transmissions of ownership and other real rights over real
properties.
4. To prevent commission of frauds, thus insuring the
effectivity of real rights over the real property.
Q: Are the books in the Registry of property considered as
public?
A: Yes. The law provides that such books are considered as
public for those who have known interest in ascertaining
the status of the immovables or real rights annotated or
inscribed therein. (Art.710, NCC)
Q: Is the duty of the Register of Deeds discretionary in issuing
a title pursuant to a court order?
A: No. It is a ministerial function of the Register of Deeds to
comply with the decision of the court to issue a title and
register a property in the name of certain person especially
when the decision attained finality. (Toledo-Banaga
v.CA,1999)

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
DIFFERENT MODES OF ACQUIRING OWNERSHIP
113
GENERAL PRINCIPLES Enforced against Enforced only against the
Enforceability the whole world. original debtor or his
Q: What is the definition of mode? transferee charged with
notice of the personal
A: Mode is the actual process of acquisition or transfer of
rights.
ownership over a thing in question. This is the proximate cause
The right The right survives if the
of acquisition. It is the legal means by which dominion or Modes of disappears if the subject matter disappears.
ownership is created, transferred or destroyed. Mode of Extinction subject matter Claim for damages may
acquiring ownership and other real rights is the specific cause disappears. still be pursued.
which gives rise to them as a result of the concurrence of a Limited by There is no limitation.
special condition of things, of the capacity and intention of Limit usefulness, value
persons, and of compliance with the requisites prescribed by or productivity of
law. the thing.

Q: What is title? Q: What are the different modes of acquiring ownership?

A: Title is the juridical act which provides a means or occasion A: The different modes of acquiring ownership are the
for the acquisition of ownership or any other real right, but following:
which in itself is insufficient to produce it. It is the juridical
justification for the acquisition or a transfer of ownership or 1. Occupation;
other real right. This is the remote cause of acquisition. (Acap 2. Intellectual Creation;
vs. CA, 1995) 3. Prescription.
MODE VS. TITLE 4. Law;
5. Donation;
Mode Title 6. Succession; and
Proximate cause Remote Cause 7. Tradition.
The true cause (or The justification for the process
process) Note: The first three are the modes which are merely for
Directly produces a real Serves merely to give an opportunity for acquisition of ownership while the remaining are the modes
right the existence of a real right; meantime, which are both for acquisition and transmission of ownership.
only a personal right exists.
Q: What are the modes of acquiring real rights?
Q: What is real right? A: The different modes of acquiring real rights are the
A: A real right is a right belonging to a person over a specific following:
thing, without a passive subject individually determined,
against whom such right may be personally enforced. 1. Prescription;
2. Law;
Q: What is personal right? 3. Donation;
A: A personal right is a right belonging to a person to demand 4. Succession; and
from another, as a definite passive subject, the fulfilment of a 5. Tradition.
prestation to give, to do or not to do.
Note: The first mode is merely for acquisition of real rights
REAL RIGHT VS. PERSONAL RIGHT while the others are both for the acquisition and transmission
of real rights.

Real Right Personal Right Q: What is meant by original and derivative modes of acquiring
Parties The active Both active (creditor) and
ownership? Give some examples of each.
subject is a passive (debtor) subjects
definite person, are definite persons. A: The mode of acquiring ownership is original if the
while the passive ownership is created for the first time in the person of an
subject is the individual who has no predecessor with respect to the title,
whole world and it is derivative if the ownership is merely transferred from
Subject Matter Generally It is always incorporeal or one individual to another. Examples of original modes are
corporeal or intangible. Object covers occupation, acquisitive prescription and intellectual creation;
tangible. Object is all the present and future for derivative modes, examples of which are tradition,
specific property property of the debtor. succession and donation.
of thing
Creation Created by both Created merely by title-
title and mode; save when the title is also Q: What are the modes of losing ownership and their
and directly the mode as in succession. classifications?
created over a It is not directly created A: The modes of losing ownership are classified as voluntary
thing. over the thing. It is and involuntary modes. The voluntary modes are those modes
exercised through another which depend upon the will of the owner and they are the
against whom the action is following:
to be brought.
1. Abandonment; and
Nature of Produces action Produces action in
action which in rem. personam. 2. Alienation.
they produce

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
On the other hand, the involuntary modes are those which are
independent of the will of the owner and they are the
following:
1. The destruction of the thing, which may either be
physical or juridical as when the thing goes out
of commerce;
2. Revocatory acts, which may include the nullity,
rescission, revocation or resolution of that which
gave rise to the acquisition;
3. Extinguishment by legal precept and in virtue of
certain acts, by the owner or third persons (e.g.,
accession and acquisitive prescription);
4. Extinguishment by judicial decree, such as
confirmation of a judicial sale as a result of levy
on execution; and
5. Extinguishment by act of the State, such as
confiscation of the effects and instruments of a
crime and expropriation for public use.
Q: What is law as mode of acquisition of ownership?
A: It refers to those special legal provisions which directly vest
ownership or real rights in favor of certain persons,
independently of the other modes of acquiring and
transmitting ownership or other real rights.
TRADITION OR DELIVERY, AS A MODE OF ACQUIRING
OWNERSHIP
Q: What is tradition or delivery as a mode of acquiring and A: It is a mode of acquiring ownership by the seizure or
transmitting ownership and other real rights?
A: It refers to the transfer of possession accompanied by an
intention to transfer ownership or other real rights.
Q: In order that there is a valid tradition, what are the
requisites required?
A: The requisites that must be present to have a valid
tradition are the following:
a.) Pre-existence of the right to be transmitted in
the estate of the grantor, the same being a
derivative mode of acquiring ownership;
b.) Just cause or title (causa traditionis) for the
transmission, such as sale;
c.) Intention on the part of the grantor to grant
and on the part of the grantee to acquire;
d.) Capacity to transmit on the part of the grantor
and capacity to acquire on the part of the
grantee; and
e.) An act which gives it outward form, physically,
symbolically or legally.
Q: What are the different kinds of tradition?
A: The different kinds of tradition are the following:
1. Real Tradition: The actual delivery of the thing.
2. Constructive Tradition
a.) Traditio Symbolica: The parties make use of
a token or symbol to represent the thing
delivered.
b.) Traditio Longa Manu: This is made by mere
consent of the parties if the thing sold
cannot be transferred to the possession of
the vendee at the time of the sale.
c.) Traditio Brevi Manu: This is the instance
when the vendee already has possession of
the thing sold by virtue of another title.
d.) Traditio Constitutum Possessorium: The
vendor continues in possession of the thing
sold not as owner but in some other
capacity.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
e.) Execution of Public Instrument: This gives
rise to a prima facie presumption of delivery. 114
Such presumption is destroyed when the
instrument itself expresses or implies that
delivery was not intended; or when by other
means it is shown that such delivery was not
affected, because a third person was actually
in possession of the thing.
3. Quasi-tradition: Used to indicate the transfer of
rights or incorporeal things through the exercise
of the rights by the grantee with the
acquiescence of the grantor.
4. Tradicion por ministerio de la ley or Tradition by
Operation of Law: Compromises all those cases
not covered by the previous modes of delivery
and by which tradition is effected solely by virtue
of a legal precept.
Q: May an ownership be transferred by a contract?
A: No, ownership is transferred, not by contract alone, but by
tradition or delivery. Contracts, under our laws, only constitute
titles or rights to transfer or acquisition of ownership, while
delivery or tradition is the mode of accomplishing the same.
(San Lorenzo Devt Corp. vs. Ca, 2005)
OCCUPATION, AS A MODE OF ACQUIRING OWNERSHIP
Q: What is occupation?
apprehension of the things corporeal which have no owner
with the intention of acquiring them and according to the rules
laid down by law.
Note: Ownership of land cannot be acquired by occupation.
(Art. 714, NCC) When the land is without owner, it pertains to
the State pursuant to the Regalian Doctrine.
Q: Can the State claim ownership over an abandoned private
land?
A: There is no law which categorically provides that such land
becomes the property of the State. Since Art. 714 makes no
distinction between land which never had an owner and a land
originally with an owner but later abandoned, it would seem
that the land cannot be acquired by occupation. However,
there are Civil Law authorities who are of the view that such
interpretation would result in the absurd situation of an
abandoned remaining perpetually res nullius and not capable
of being acquired by prescription. Thus, it is submitted that the
abandoned land becomes patrimonial land of the State
susceptible of acquisition thru acquisitive prescription. (PARAS,
Civil Code, 786)
Q: What are the requisites of occupation?
A: The requisites of occupation as a mode of acquiring
ownership are the following:
1. The thing seized must be corporeal personal
property;
2. The thing must be susceptible of appropriation by
nature;
3. Requisites laid down by law must be complied
with;
4. There must be an intention to appropriate;
5. There must be a seizure of a thing; and
6. The thing must be without an owner.
Note: Material holding is not essential as long as the
possessor considers the thing as subjected to his control or
disposition.
 CIVIL LAW I REVIEWER
Q: What are the things susceptible of ownership by occupation
and the rules that govern such ownership?
A: The things that may be owned by occupation and rules
concerning each are the following:
As to animals:
1. Wild or feral animals : Seizure through
hunting/fishing in open season by means not
prohibited;
2. Tamed or domesticated animals: The general
rule is that the animals would belong to the
tamer, but upon recovering freedom, these
animals are susceptible to occupation unless
claimed within 20 days from seizure by
another;
3. Tame or domestic animals: These animals are
not acquired by occupation except when
abandoned.
As to other Personal Properties:
1. Abandoned: May be acquired;
2. Lost;
3. Hidden treasure: The finder gets by
occupation; the landowner gets by
accession; EXCEPT in CPG system, share goes
to the partnership.
Q: When are movables considered abandoned?
A: Movables are considered abandoned when:
1. Spes recuperandi or expectation to recover is gone;
and
2. Animo revertendi or intention to return or have it
returned has been given up by the owner (PARAS, Civil
Code, Supra at. 784)
Q: What is the rule regarding occupation of Swarm Bees?
A: The owner of a swarm of bees shall have a right to pursue
them to anothers land, indemnifying the possessor of the
latter for the damage.
If the owner has not pursued the swarm, or ceases to
do so within 2 consecutive days, the possessor of the land may
occupy or retain the same.
The 2 days to be counted from their occupation by
another person. This period having expired, they shall pertain
to him who has caught and kept them.
Q: What is the rule regarding occupation of Domesticated
Animals?
A: Wild animals are possessed only while they are under one's
control; domesticated or tamed animals are considered
domestic or tame if they retain the habit of returning to the
premises of the possessor.
Q: What is the rule regarding occupation of Pigeons and Fish?
A: Pigeons and fish which from their respective breeding
places pass to another pertaining to a different owner shall
belong to the latter, provided they have not been enticed by
some artifice or fraud.
Q: What is the rule regarding Hidden Treasures?
A: He who by chance discovers hidden treasure in anothers
property is entitled to of the said treasure. However, if the
finder is a trespasser, he shall not be entitled to any share of
the treasure. If the things found be of interest to science or
the arts, the State may acquire them at their just price, which
shall be divided in conformity with the rule stated.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
Q: After finding a lost movable, is the finder automatically
made the owner? 115
A: No. Whoever finds a movable, which is not treasure, must
return it to its previous possessor. If the owner is unknown,
the finder shall immediately deposit it with the mayor of the
city or municipality where the finding has taken place. The
finding shall be publicly announced by the mayor for two
consecutive weeks in the way he deems best.
If the movable cannot be kept without deterioration,
or without expenses which considerably diminish its value, it
shall be sold at a public auction eight days after the
publication.
Six months from the publication having elapsed
without the owner having appeared, the thing found, or its
value, shall be awarded to the finder. The finder and the
owner shall be obliged, as the case may be, to reimburse the
expenses. If the owner should appear in time, he shall be
obliged to pay, as a reward to the finder, one-tenth of the sum
or of the price of the thing found.
Note: Theft is committed by the finder is he fails to return or
deliver the thing to the owner or to the local authorities. One
who buys the property knowing that he is buying lost property
has the duty to return although he is not the finder.
INTELLECTUAL CREATION, AS A MODE OF ACQUIRING
OWNERSHIP
Q: What is the concept of Intellectual property?
A: It refers to creation of the mind: inventions, literary and
artistic works, and symbols, names, images, and designs used
in commerce. Section 4.1 of R.A. No. 8293, otherwise known
as the Intellectual Property Code of the Philippines, defines
the scope of the term intellectual property rights, as follows:
1. Copyright and related rights;
2. Trademarks and service marks;
3. Geographic indications;
4. Industrial designs;
5. Patents;
6. Lay-out designs (topographies) of integrated
circuits; and
7. Protection of undisclosed information.
Q: When is ownership acquired by the author, inventor,
painter or the creator?
A: Ownership is acquired from the moment of the creation
even before the same is published, copyrighted or patented.
Q: What is the extent of the right of the creator over his
ownership?
A: Being the owner thereof, the creator has absolute control
over his work and he may do anything with it as he pleases,
including the right to share it with others. He also enjoys the
exclusive right of its publication- but this exclusive right is
limited to the first publication. (Santos v. McCullough Printing
Co., 12 SCRA 321) Unless placed under the protection of the
Copyright Law, once published, the work is dedicated to the
public, and the author loses the exclusive right to control
subsequent publications by others.
Q: Who shall own letters or other private communications in
writing?
A: A distinction shall be made between the material or physical
object (the letter itself) and the ideas or thoughts contained in
the letter (its contents).
 CIVIL LAW I REVIEWER
The physical object is owned by the person to whom it is
addressed and delivered (the recipient) but the ideas or
thoughts contained in the letter (the contents) are owned by
the author or writer (the sender). Thus, the consent of the
sender or author is needed in case of publication or
dissemination of the letter. (Art. 723, NCC) In addition, the
copyright also belongs to the author or sender. (Sec. 178.6, RA
8293) However, the court may authorize the publication or
dissemination of a letter or other private communications if the
public good or interest of justice so requires. (Art. 723, NCC)
DONATION, AS A MODE OF ACQUIRING OWNERSHIP
Q: What is donation?
A: it is an act of liberality where a person disposes gratuitously
of a thing or a right in favour of another who accepts it. (Art.
725, NCC) In addition, the following maybe considered as an
act of donation:
1. When a person gives to another a thing or right
on account of the latter's merits or of the
services rendered by him to the donor, provided
they do not constitute a demandable debt; and
2. When the gift imposes upon the donee a burden
that is less than the value of the thing given.
Q: What are the characteristics of donation?
A: Donation is unilateral and consensual. It is unilateral since
the obligation is only upon the donor and it is consensual since
donation is perfected only at the time the donor knows of the
acceptance of the done.
Q: What are the requisites for a valid donation?
A: The requisites are the following:
1. Donor must have capacity to make the donation
at the time of the perfection of the contract;
2. He must have donative intent (animus donandi);
3. Form as prescribed by law;
4. There must be delivery; and
5. Donne must accept or consent to the donation
Donation is perfected once the acceptance of the donation is
made known to the donor. Accordingly, ownership will only
revert to the donor if the resolutory condition is not fulfilled.
(Quijada v. CA, 1998)
Donation is valid even if the person has schizophrenia. A
person suffering from such sickness is presumed capable of
attending to his property rights. There is no total loss of
control of his mental facilities. (Catalan v. Basa, 2007)
In one case, the court held that there was no donation since
there was no animus donandi when the mother (an American
citizen) executed the deeds of quitclaim over his son (also an
American citizen). The court noted that the mother merely
contemplated a waiver of her rights, title and interest over the
subject lands in favor of his son, and not a donation. The
intention of the mother was the preservation of the realty
within the bloodline of the deceased husband (a former Filipino
citizen but who died as a naturalized American citizen) from
where the property originated, over and above the benefit that
would accrue to the son by reason of her renunciation.
According to the Court, the element of animus donandi
therefore was missing (Aballo vs.CIR, 2005).
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
Q: What are the things that may be donated?
A: All present property or part thereof of the donor provided 116
that:
1. he reserves, in full ownership or usufruct, sufficient
means for support of himself and all relatives entitled
to be supported by donor at the time of acceptance;
2. no person may give or receive by way of donation,
more than he may give or receive by will (Art. 752,
NCC);
3. he reserves property sufficient to pay donors debts
contracted before donation, otherwise, donation is in
fraud of creditors (Art. 759, NCC); and
4. If donation exceeds the disposable or free portion of
his estate, the donation is inofficious.
However, donations provided for in marriage
settlements between future spouses must not be more
than 1/5 of present property; and in case of donation
propter nuptias by an ascendant consisting of jewelry,
furniture or clothing, such donation shall not to exceed
1/10 of disposable portion.
Q: What are the things that may not be donated?
A: Donations cannot comprehend future property. Future
property is understood anything which the donor cannot
dispose of at the time of the donation.
Donations are classified as follows:
I. As to Effectivity:
1. Inter vivos: Donation which shall take effect
during the lifetime of the donor, though the
property shall not be delivered till after the
donor's death.
2. Mortis causa; and
3. Propter nuptias.
Whether the donation is inter vivos or mortis causa depends
on whether the donor intended to transfer ownership over the
properties upon the execution of the deed (Gestopa v. CA
2002).
The title to a Deed of Donation is not the determinative factor
which makes the donation inter vivos or mortis causa.
Whether a donation is inter vivos or mortis causa depends
upon the nature of the disposition made (Reyes vs. Mosqueda,
1990).
Note: In case of doubt, the conveyance should be deemed
donation mortis causa in order to avoid uncertainty as to the
ownership (Puig vs. Peaflorida, 1966). The legal principle that
in case of doubt as to gratuitous contracts, construction must
effect the least transmission of rights and interests (Art.
1378, NCC).
Q: Is the nature of donation inter vivos destroyed by the
imposition of a suspensive condition or the fixing of an event
which may take place beyond the natural expectation of life of
the donor?
A: No, imposition of such conditions does not destroy the
nature of the act as a donation inter vivos, unless a contrary
intention appears. The reason provided for by law is that the
fulfilment of the suspensive condition is retroactive to the
making of the donation (Art. 1187, NCC).
 CIVIL LAW I REVIEWER
Q: Is a donation made with a resolutory condition of the INTER VIVOS VS. MORTIS CAUSA
donors survival considered a donation inter vivos? 117
A: Yes. When a person donates something, subject to the Inter vivos Mortis causa
resolutory condition of the donors survival, there is a donation As to formalities
inter vivos (Art. 731, NCC). Executed and accepted Must be in the form of a will, with all
Note: Automatic reversion upon the happening of the with formalities the formalities for the validity of wills.
prescribed by Arts. 748
resolutory condition is valid (De Luna vs. Abrigo, 1990).
and 749 of the code.
However, where one of the parties contests or denies the
As to effectivity
rescission, only the final word of the court of competent Effective during the Effective after the death of the donor.
jurisdiction can conclusively settle whether resolution is proper lifetime of the donor.
of not (UP vs. De Los Angeles, 1970) As to the intention of making donation
Made out of donors pure Made in contemplation of his death
Art. 729 speak of donations in praesenti which take effect generosity. without the intention to lose the thing
during the lifetime of the donor but the property shall be or its free disposal in case of survival.
delivered only after the donors death. Such donations are inter As to acceptance
vivos although the subject matter is not delivered at once, or Acceptance must be Acceptance must be made after the
the delivery is to be made post mortem, which is a simple made during the lifetime death of the donor, the donation being
matter of form and does not change the nature of the act (Vita of the donor. effective only after the death of donor.
Acceptance during the donors lifetime is
vs. Montanano, 1991)
premature and ineffective because there
can be no contract regarding future
Q: What are the instances when there are donations inter inheritance.
vivos?
A: The following instances are considered donations inter to transfer of ownership for right of disposition
vivos: Ownership is immediately Upon acceptance by the donee, but the
1. A donation where the causes of revocation have transferred. Delivery of effect of such retroacts to the time of
been specified. possession is allowed death of the donor.
2. A donation where the donor warrants the title to after death.
the thing which he is donating. There would be As to revocation
no need of warranty were he not be transferring Irrevocable may be Revocable upon the exclusive will of the
the title. revoked only for the donor.
reasons provided in CC
3. A donation where the donor reserved for himself
760, 764, 765.
a lifetime usufruct of the property, for if he were As to reduction or suppression
still the owner, there would be no need of such When it is excessive or When it is excessive or inofficious, it is
reservation. inofficious, being reduced first, or even suppressed.
4. Where the donor immediately transferred the preferred, it is reduced
ownership, possession, and administration of the only after the donations
property to the done, but stipulated that the right mortis causa had been
of the donee to harvest and alienate the fruits reduced or exhausted.
would begin after the donors death. However, if As to its tax implication
what had been transferred in the meantime was Subject to donors tax. Subject to estate tax
only the administration of the property, the
donation is mortis causa. Note: The nature of the act, whether its one of disposition or
5. Where the donor stated that while he is alive he of execution, is controlling to determine whether the donation
would not dispose of the property or take away is mortis causa or inter vivos. In addition, what is important is
the land because the land is being reserved to the time of transfer of ownership even if transfer of property
the done upon the donors death. donated may be subject to a condition or a term.
6. One where the possession of the property is
reserved to the donor until his death.
Q: What are the instances when there are donations mortis
causa?
A: The following instances are considered donations mortis
causa:
1. One where the registration of the deed before the
donors death is prohibited.
2. Donation which will take effect and pass title only by
and because of death.
3. If the donor retains full and naked ownership and
control over the property while he is still alive.
4. One where properties will be delivered after donors
death.
5. Where the right to dispose and enjoy is reserved by
the donor.
6. Donations which make no actual conveyance before
the donors death.

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
When the donor used the words that the gift "does not pass
title during my lifetime; but when I die, she shall be the true
owner of the two aforementioned parcels" the donor meant
nothing else than that she reserved of herself the possession
and usufruct of said two parcels of land until her death, at
which time the donee would be able to dispose of them freely
(Villanueva vs. Spouses Branoco, 2011).
II. As to Perfection/Extinguishment:
1. Pure-donation is without conditions or periods;
2. Conditional-donation is subject to suspensive or
resolutory conditions; and
3. With a term.
III. As to Consideration:
1. Simple - made out of pure liberality or because of
the merits of the done;
2. Remuneratory - made for services already
rendered to the donor; and
3. Onerous - imposes a burden inferior in value to
property donated.
a. Improper - burden equal in value to
property donated
b. Sub-modo or modal - imposes a
prestation upon donee as to how
property donated will be applied.
c. Mixed donations e.g. sale for price lower
than value of property.
Note: Illegal or impossible conditions in simple and
remunatory donations shall be considered as not imposed (Art.
727, NCC). Only such conditions are disregarded, but the
donation itself remains valid.
Donations with onerous cause are governed not by the law on
donations but by the rules on contracts. Hence, on the matter
of prescription of actions for the revocation of onerous
donation, it was held that the general rules on prescription
applies (De Luna vs. Abrigo, 1990).
A stipulation in the donation that it was made for and in
consideration of the love and affection which the donnee
inspires in the donor, and as an act of liberality and
generosity is sufficient cause for a donation (Quilala vs.
Alcantara, 2001).
Q: What are the formalities required in making or accepting
donations?
A: The formalities required in making or accepting donations
are as follows:
As to Movable properties: (Art. 748, NCC)
1.) The donation of a movable may be made orally or
in writing.
2.) Oral donation: requires the simultaneous delivery
of the thing or of the document representing the right
donated.
3.) If the value of the movable donated exceeds
P5,000, the donation and the acceptance should be in
writing, otherwise, the donation is void.
As to Immovable properties: (Art. 749, NCC)
1.) Must be made in a public instrument specifying
the donated property and the burdens assumed by
the donee.
2.) The acceptance must be either:
(a) In the same instrument in which case
there is already knowledge of the
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
acceptance, hence the donation is already
perfected (Laureta v. Mata, 1923); or 118
(b) In another public instrument notified to
the donor in authentic form and noted in
both deeds.
Exceptions:
In donations propter nuptias, there is no
need for express acceptance; and
In onerous donation, its form is governed by
the rules of contracts.
Note: There must be proof of that formal notice of such
acceptance was received by the donor. If a real property is
involved, noted in both deed of donation and separate
instrument (Lazago v. CA, 1998).
A donation of immovable property to be valid must be in a
public instrument. However, even if void, it can be the basis of
acquisitive prescription for as long as there is adverse
possession in the concept of an owner (Bautista vs. Poblete,
2005).
The donation is null and void when (a) the deed of donation
fails to show the acceptance, or (b) where the formal notice of
the acceptance made in a separate instrument is either not
given to the donor or else noted in the deed of donation, and
in the separate acceptance (Republic v. Guzman, 2000).
Q: When shall acceptance be made?
A: In case of donation inter vivos, acceptance must be made
during the lifetime of the donor and the done (Art. 746, NCC).
However, in case of donation mortis causa, acceptance is
made only after the donors death because they partake of the
nature of a will and thus governed by the rules on succession
(Art. 728, NCC).
Q: Who shall make the acceptance?
A: The done must accept personally or through an authorized
person with special power for the purpose (Art. 745, NCC).
Q: Are donations, once accepted, irreversible?
A:
General Rule:
Yes. Donations are irrevocable.
Exception:
When either of the following grounds is present:
1. Subsequent birth of the donors children;
2. Donors failure to comply with imposed
conditions;
3. Donees ingratitude; or
4. Reduction of donation by reason of
inofficiousness.
Qualifications of Donors and Donees
Q: Who may give donations?
A: All persons who may contract and dispose of their property
may make a donation. (Art. 735, NCC)
Note: Donors capacity shall be determined as of the time of
the making of the donation. (Art. 737, NCC) Subsequent
incapacity is immaterial. The capacity to donate is required for
donations inter vivos and not in donations mortis causa.
Applying Art. 732, donations inter vivos made by
incapacitated donors are merely voidable. Same rule applies
where consent is vitiated (Paras, Civil Code, 894).
 CIVIL LAW I REVIEWER
Q: Are guardians and trustees prohibited to alienate properties
entrusted to them?
A:
General Rule:
Yes, guardians and trustees are prohibited to alienate
properties entrusted to them.
Exceptions:
1. The prohibition is applicable only in case of
simple donation, but not where the donation is
onerous, and is beneficial to the beneficiary.
2. Trustees who have repudiated the trust and have
acquired the properties by prescription, are
allowed to donate said properties.
Q: Who may receive donations?
A: The following may receive donations:
1. All who are not specially disqualified by law. (Art.
738, NCC)
2. Minors and others who cannot enter into a
contract. However, the acceptance may be made
through their parents or legal representatives.
(Art. 741, NCC)
3. Donations made to conceived and unborn
children: those who would legally represent them
if they were already born may accept the
donations. (Art. 737. NCC)
In essence, a life insurance policy is no different from a civil
donation insofar as the beneficiary is concerned. Both are
founded upon the same consideration: liberality. A beneficiary
is like a donee, because from the premiums of the policy which
the insured pays out of liberality, the beneficiary will receive
the proceeds or profits of said insurance (Insular Life v.
Ebrado, 1977).
Q: Who may not give or receive donations?
A:
I.) By reason of public policy, the following may not
give or receive donations:
1. Those made between persons guilty of adultery
or concubinage at the time of the donation;
2. Those made between persons guilty of the same
criminal offense if the donation is made in
consideration thereof; or
3. Those made to a public officer, his spouse,
descendants, and/or ascendants by reason of the
office. (Art. 739, NCC)
II.) By reason of the donees unworthiness as
provided for under Article 1032:
1. Parents who have abandoned their children or
induced their daughters to lead a corrupt or
immoral life, or attempted against their virtue;
2. Any person who has been convicted of an
attempt against the life of the testator, his or her
spouse, descendants, or ascendants;
3. Any person who has accused the testator of a
crime for which the law prescribes imprisonment
for six years or more, if the accusation has been
found groundless;
4. Any heir of full age who, having knowledge of
the violent death of the testator, should fail to
report it to an officer of the law within a month,
unless the authorities have already taken action;
this prohibition shall not apply to cases wherein,
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
according to law, there is no obligation to make
an accusation; 119
5. Any person convicted of adultery or concubinage
with the spouse of the testator;
6. Any person who by fraud, violence, intimidation,
or undue influence should cause the testator to
make a will or to change one already made;
7. Any person who by the same means prevents
another from making a will, or from revoking one
already made, or who supplants, conceals, or
alters the latters will;
8. Any person who falsifies or forges a supposed
will of the decedent. (Art. 1032, NCC)
III.) By reason of the donees unworthiness as
provided for under Article 1027 except (4):
1. The priest who heard the confession of the
testator during his last illness, or the minister of
the gospel who extended spiritual aid to him
during the same period;
2. The relatives of such priest or minister of the
gospel within the fourth degree, the church,
order, chapter, community, organization, or
institution to which such priest or minister may
belong;
3. A guardian with respect to testamentary
dispositions given by a ward in his favor before
the final accounts of the guardianship have been
approved, even if the testator should die after
the approval thereof; nevertheless, any provision
made by the ward in favor of the guardian when
the latter is his ascendant, descendant, brother,
sister, or spouse, shall be valid;
4. Any physician, surgeon, nurse, health officer or
druggist who took care of the testator during his
last illness; or
5. Individuals, associations and corporations not
permitted by law to inherit.
IV.) By reason of prejudice to creditors or heirs
(voidable)
Note: Under the Family Code, every donation between spouses during
the marriage shall be void except moderate gifts on the occasion of
family rejoicing (Art. 125, FC). The prohibition also applies to persons
living together as husband and wife without a valid marriage, or in
illicit realation (Art. 87, FC). Also, to donations or promises to common
legitimate children exclusively for commencing or completing a
professional or vocational course or activity for self improvement (Art.
121, FC).
Note: Under the Corporation Code, every corporation has the power
and capacity, inter alia, to make reasonable donations, including those
for public welfare or for hospital, charitable, cultural, scientific, civic, or
similar purposes. However it cannot give donations in aid of any
political party or candidate or for purposes of partisan political activity
(Paras, Civil Code, 894)
Effects of Donation and Limitations
In General
Q: What are the limitations on donation of property?
A: The following are the limitations in donating a property:
1. All of the present property of the donor, provided
that:
a.) If the donor has forced heirs, he cannot
give or receive by donation more than
what he can give or receive by will (Art.
750, NCC); and
b.) If the donor has no forced heirs, the
donation may include all present
 CIVIL LAW I REVIEWER
properties provided he rederves in full
ownership or in usufruct:
i. The amount sufficient to support
him and those relatives entitled
to support from him (Art. 750,
NCC); or
ii. Property sufficient to pay the
donors debt contracted prior the
donation.
Note: Without such reservation, the donation shall be reduced
on petition of any persons affected. Donation is still valid. The
limitation applies only to simple, remunerative, and modal
donations, but not to onerous ones, which are governed by the
law on contracts.
2. Donations cannot comprehend future property
(Art. 751, NCC)
3. Donations should not prejudice creditors (Art.
759, NCC)
Q: What are the effects of donations?
A: They are the following:
1. The donee may demand actual delivery of thing
donated;
2. The donee is subrogated to the rights of the donor in
the property donated(Art. 754 1st sentence, NCC);;
3. Donors warranty exists if:
a.) Expressed;
b.) Donation is propter nuptias;
c.) Donation is onerous, thus if simple or
remunerative, the donor is not liable for eviction
or hidden defects;
d.) Donor is in bad faith (Art. 754 2nd and 3rd
sentences, NCC).
4. In donation propter nuptias, the donor must release
the property donated from mortgages and other
encumbrances unless the contrary has been
stipulated.
Q: Are the donees in a donation made jointly among them
have the right of accretion?
A:
General Rule:
No. They do not have the right of accretion (Art. 753,
NCC)
Exception:
a.) When the donor provides otherwise; or
b.) When the donation to husband and wife is joint
with the right of accretion unless the donor
provides otherwise.
Q: Is the donor obliged to warrant the things donated?
A:
General Rule:
No. The donor is not obliged to warrant the things
donated.
Exception:
In onerous donations where the donor is liable for
eviction up to the extent of the burden (Art. 754,
NCC)
SPECIAL PROVISIONS
Q: May the donor reserve the power to dispose in whole or in
part or to encumber property donated?
A: Yes, the donor may make such reservation in the following
instances:
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
1. The donor may reserve the right to dispose of
some things donated, or of some amount, which 120
shall be a charge thereon;
2. But if he should die without having made use of
this right, the property or amount reserved shall
belong to the donee.(Art. 755, NCC)
Q: May the donor donate the naked ownership to one donee
and usufruct to another?
A: Yes. The naked ownership and the usufruct may be
donated separately, provided that all the donees are living at
the time of the donation. (Art. 756, NCC)
Rules on Conventional reversion in favor of donor or
other person:
1. If made in favor of the donor: Reversion may be
for any case and circumstance.
2. If made in favor of other persons: Such persons
must be living at the time of the donation.
3. If the rule is violated, the stipulation on reversion
is void but the donation is still valid. (Art. 757,
NCC)
Rules on Payment of donors debt:
1. If expressly stipulated: the donee must pay only
the debts contracted before the donation unless
specified otherwise. But in no case shall the
donee be responsible for debts exceeding the
value of the property donated unless clearly
intended.
2. If theres no stipulation: the donee will be
answerable only for the donors debt only in case
the donation is in fraud of creditors. (Art. 758,
NCC)
Rules on Illegal or Impossible Conditions:
1. Impossible conditions: those contrary to good
customs or public policy and those prohibited by law
shall annul the obligation, which depends upon them.
2. If the obligation is divisible, that part thereof which is
not affected by the impossible or unlawful condition
shall be valid.
3. The condition not to do an impossible thing shall be
considered as not having been agreed upon. (Art.
1183, NCC)
Rules on Double donations:
Rule: Priority in time, priority in right.
1.) If movable: one who first took possession in good
faith.
2.) If immovable: one who recorded in registry of
property in good faith
a.) If there is no inscription, the one who first took
possession in good faith.
b.) If there is no possession, one who can present
the oldest title.
Q: What are Excessive or Inofficious Donation?
A: It is a type of donation in which a person gives or receives
more than what he may give or receive by will. (Art. 752. NCC)
Q: In case a donation inter vivos is made by a person having
no children or descendants, legitimate or legitimated by
subsequent marriage, or illegitimate, may such donation be
revoked or reduced?
A: Yes, such donation made may be revoked of reduced by the
happening of any of these events:
 CIVIL LAW I REVIEWER
a.) If the donor, after the donation, should have
legitimate or legitimated or illegitimate children,
even though they be posthumous;
b.) If the child of the donor, whom the latter
believed to be dead when he made the donation,
should turn out to be living; or
c.) If the donor subsequently adopt a minor child.
Note: The donation shall be revoked or reduced insofar as it
exceeds the portion that may be freely disposed of by will,
taking into account the whole estate of the donor at the time
of the birth, appearance or adoption of a child.
Rules on Inofficious Donations:
1. The donation shall be reduced with regard to the
excess.
2. But this reduction shall not prevent the donations
from taking effect during the life of the donor, nor
shall it bar the donee from appropriating the fruits.
3. Only those who, at the time of the donor's death,
have a right to the legitime and their heirs and
successors-in-interest may ask for the reduction or
inofficious donations.
4. If, there being two or more donations, the disposable
portion is not sufficient to cover all of them; those of
the more recent date shall be suppressed or reduced
with regard to the excess.
Rules on Donations Made in Fraud of Creditors
(Art. 759, NCC)
1. Donation is always presumed to be in fraud of
creditors, when at the time thereof the donor did not
reserve sufficient property to pay his debts prior to
the donation.
2. The donee shall be responsible therefore only when
the donation has been made in fraud of creditors.
Q: What are void donations?
A: Void donations are those:
1. made between persons who were guilty of adultery or
concubinage at the time of the donation;
2. made between persons found guilty of the same
criminal offense, in consideration thereof;
3. made to a public officer or his wife, descendants and
ascendants, by reason of his office; and
4. made to persons incapacitated to succeed by will.
(Art. 739-740, 1027)
Note: The spouse of the donor or donee may bring the action
for declaration of nullity and the guilt of the donor and donee
may be proved by preponderance of evidence in the same
action.
REVOCATION V. REDUCTION
REVOCATION REDUCTION
Total withdrawal of amount, Amount is only insofar as the
whether the legitime is legitime is prejudiced
impaired or not
Benefits the donor Benefits the donors heirs (except
when made on the ground of the
appearance of a child)
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DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
Grounds for Reduction
1.) Inofficiousness 121
A donation where a person gives or receives more
than what he may give or receive by will is inofficious.
(Art. 752, NCC)
1. Subsequent birth, reappearance of child or adoption
of minor by donor.
Effects of subsequent birth, reappearance or adoption:
1. A donation is valid if it does not exceed the free part
computed as of the birth, adoption or reappearance
of the child.
2. The donee must return the property or its value at
the time of the donation.
3. The fruits must be returned from the filing of the
action.
4. Mortgages by the donee are valid but may be
discharged subject to reimbursement from the donee.
Q: What is the extent of revocation?
A: The revocation shall only to the extent of the presumptive
legitime of the child.
Q: When shall the action based on subsequent birth,
reappearance of child or adoption of minor by donor
prescribes?
A: The action under this ground shall prescribe after 4 years
from:
1. The birth of the first child; or
2. His legitimation, recognition or adoption; or
3. The judicial declaration of filiation; or
4. The time the information was received regarding the
existence of the child believed dead (De Leon,
Property, 694-695).
Grounds for Revocation
1. Failure to comply with any of the conditions imposed
by the donor upon the done;
2. For additional legitime for subsequent birth,
reappearance or adoption;and
3. Due to acts of ingratitude.
Since Article 1306 of said Code authorizes the parties to a
contract to establish such stipulations, . . . not contrary to law,
. . . public order or public policy, we are of the opinion that, at
the very least, that stipulation of the parties providing for
automatic revocation of the deed of donation, without prior
judicial action for that purpose, is valid subject to the
determination of the propriety of the rescission sought. Where
such propriety is sustained, the decision of the court will be
merely declaratory of the revocation, but it is not in itself the
revocatory act (Zamboanga v. Plagata, 2008).
Q: What are the conditions referred to in Art. 764?
A: Condition shall refer to any obligation, charge, or burden
imposed by the donor in his favour or that of another. It may
be resolutory but not suspensive, for non-fulfillment means the
donation never became effective.
Note: Judicial intervention is not necessary since the rule is
that there shall be automatic reversion or revocation. Except
where the done denies donors right to rescind.
Q: What are the rules regarding revocation based on non-
fulfillment of a condition?
A: The rules concerning such are the following:
1. The property donated shall be returned to the donor;
 CIVIL LAW I REVIEWER
2. If the property is sold, donated or mortgaged, the
alienation or encumbrance will be considered void, 122
unless the grantee be an innocent third party;
3. The action shall prescribe after 4 years from non-
compliance with the condition;
4. Said action may be transferred to the heirs of the
donor, and maybe exercised against the donees heirs
(Art. 764, NCC); and
5. Under Art. 768, the donee shall return not only the
property but also the fruits thereof which he may
have received after having failed to fulfil the
condition.

The following cases are forms of ingratitude:

1. If the donee should commit some offense against the
person, the honor or the property of the donor, or of
his wife or children under his parental authority;
2. If the donee imputes to the donor any criminal
offense, or any act involving moral turpitude, even
though he should prove it, unless the crime or the act
has been committed against the donee himself, his
wife or children under his authority; or
3. If he unduly refuses him support when the donee is
legally or morally bound to give support to the donor
(Art. 765, NCC).
4. Note: Art. 765 of the Civil Code is exclusive, and
must have been committed by the done personally.
Q: Are the acts of ingratitude as a ground for revocation
applicable to all donations?
General Rule:
Yes. Ingratitude as a ground for revocation is applicable to
all donations.

Exceptions:
1. Mortis causa;
2. Propter nuptias;
3. Onerous donations

Notes: Such rule is founded on moral duty. One who received

a donation must be grateful to his benefactor. Conviction is not
necessary for the application of such ground. The time to file
action for revocation is within 1yr from knowledge of the
offense.

Effects of revocation on alienations and encumbrances

1. Alienations and mortgages effected before the notation of
the complaint for revocation in the Registry of Property shall
subsist.
2. Later ones shall be void. (Art. 766, NCC)

Q: If the donation was revoked, what is the effect of such

revocation to the fruits of the property revoked?
A: When the donation is revoked for any of the causes stated
in NCC 760, or by reason of ingratitude, or when it is reduced
because it is inofficious, the donee shall not return the fruits
except from the filing of the complaint (Art. 768, NCC).

If the revocation is based upon noncompliance with any of the

conditions imposed in the donation, the donee shall return not
only the property but also the fruits thereof which he may
have received after having failed to fulfill the condition.

The action for revocation of an onerous donation does not

prescribe in 4 years. It is governed by the law on contracts, it
prescribes in 10 years (Sec. Of Education vs. Heirs of Rufino
Dulay, 2006)

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
What may be donated
All present property of Limitation:
the donor or part thereof (1) He reserves in full ownership or in
usufruct, sufficient means for his
support and for all relatives who are at
the time of the acceptance of the
donation are, by law, entitled to be
supported
Effect of non-reservation: reduction
of the donation
(2) He reserves sufficient property at
the time of the donation for the full
settlement of his debts
Effect of non-reservation: considered
to be a donation in fraud of creditors,
and donee may be liable for damages
If the donation so states, the Exception: when contrary
donee may be obliged to pay the intention appears
debts previously contracted by 123
the donor and in no case shall he
be responsible for the debts
exceeding the value of the thing
donated (Art. 758, NCC)
What may be reserved by the donor
Right to dispose of some of the If the donor dies without
things donated, or of some exercising this right
amount which shall be a charge
thereon
Reversion
The property donated may be Limitation to (2): the third
restored or returned to person would be living at the
(1) Donor or his estate; or time of the donation
(2) Another person

What may not be donated REVOCATION/REDUCTION

(1) Future property; those which the donor cannot dispose of at
the time of the donation (Art. 751, NCC)
Time of Transmissibility Effect Liability
(2) More than what he may give or receive by will (Art. 752, NCC)
Action (Fruits)
If exceeds: inofficious
Birth, appearance, adoption
Donations made to several persons jointly
Within 4 years Transmitted Property is returned Fruits
No accretion one Exception: those given to husband and
from birth, to children If the property has returned
donee does not get the wife, except when the donor otherwise
legitimation and been sold, its value from the
share of the other provides
and adoption descendants at the time of filing of
donees who did not
upon the donation shall be the
accept (Art. 753, NCC)
death of returned. complaint
Donor
donor If the property was
Who are allowed: All Who are not allowed:
mortgaged, the
persons who may (1) Guardians and trustees with
donor may redeem
contract (of legal age) respect to the property entrusted to
the mortgage, with
and dispose of their them (At. 736, NCC)
right to recover the
property (Art. 735, NCC) (2) Made between person who are
amount from the
Donors capacity is guilty of adultery or concubinage (Art.
donee
determined at the time 739, NCC)
Non-compliance with condition
of the making of Made between persons found guilty of
Within 4 May be Property returned, Fruits
donation (Art. 737, NCC) the same criminal offense, in
years from transmitted to alienations and received
consideration thereof (Art. 739, NCC)
non- donors heirs mortgages void after
Donee
compliance and may be subject to rights of having
Who are allowed to Who are not allowed:
exercised third persons in failed to
accept donations: Those (1) Made between person who are
against good faith fulfill
who are not specifically guilty of adultery or concubinage (Art.
donees heirs condition
disqualified by law (Art. 739, NCC) returned
738, NCC) (2) Made between persons found
Ingratitude
Those who are allowed, guilty of the same criminal offense, in
Within 1 year Generally not Property returned, Fruits
with qualifications: consideration thereof (Art. 739, NCC)
after transmitted to but alienations and received
(1) Minors and others (3) Made to a public officer or his wife,
knowledge of heirs of mortgages effected from the
who are incapacitated descendant and ascendants, by reason
the fact and donor/ donee before the notation filing of
(see Article 38), of his office (Art. 739, NCC)
it was of the complaint for the
provided that their (4) Those who cannot succeed by will
possible for revocation in the complaint
acceptance is done (Art. 740, NCC)
him to bring registry of property returned
through their parents or Those made to incapacitated persons,
the action subsist
legal representatives although simulated under the guise of
(Art. 741, NCC) another contract (Art. 743, NCC)
Failure to reserve sufficient means for support
(2) Conceived and At any time, Not Reduced to the Donee
unborn children, by the donor transmissible extent necessary to entitled
provided that the or relatives provide support
donation is accepted by entitled to
those who would legally support
represent them if they Inofficiousness for being in excess of what the donor can
were already born give by will
Acceptance of the donation Within 5 Transmitted Donation takes Donee
years from to donors effect on the lifetime entitled
Who may accept (Art. 745, NCC) When to accept: during the
the death of heirs of donor. Reduction
(1) Donee personally lifetime of the donor or
the donor only upon his death
(2) Authorized person with a donee (Art. 746, NCC)
with regard to the
special power for the purpose or
excess
with a general sufficient power
What the donee acquires with the thing Fraud against creditors
Rescission Transmitted to Returned for the Fruits
He shall be subrogated to all the rights and actions that would
within 4 creditors heirs benefit of the returned/
pertain to the donor in case of eviction(Art. 754, NCC)
years from or successors- creditor who if
Obligation of the donor
the perfection in-interest brought the action impossible,
No obligation to warrant (Art. Exception: when the
of donation/ indemnify
754, NCC) donation is onerous
knowledge of creditor for
Obligation of the donee the donation damages

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
PRESCRIPTION, AS A MODE OF ACQUIRING a.) Good faith of the possessor; and
OWNERSHIP b.) Proof of just title 124
Q: What is prescription as a mode of acquiring ownership? Note: For extraordinary prescription, only first 4 are required.
A: By prescription, one acquires ownership and other real rights The possession has to be in the concept of an owner, public,
through the lapse of time in the manner and under the peaceful, and uninterrupted.
conditions laid down by law. In the same way, rights and
conditions are lost by prescription. It is a means of acquiring ACQUISITIVE VS. EXTINCTIVE
ownership and other real rights or losing rights or actions to
enforce such rights through the lapse of time. Acquisitive Prescription Extinctive Prescription
As to requisites
Requires positive action of the Requires inaction of the owner
Q: What is the rationale behind prescription as a mode of
possessor (a claimant) who is not out of possession or neglect of
acquiring ownership? the one with a right to bring his
A: It is purely statutory in origin. It is founded on grounds of Owner action
public policy which requires for the peace of society, that As to the operative act
juridical relations susceptible of doubt and which may give rise Relationship between the One does not look to the act of
to disputes, be fixed and established after the lapse of a occupant and the land in terms of the possessor but to the neglect
determinate time so that ownership and other rights may be possession is capable of of the owner
certain for those who have claim in them. producing legal consequences; it
is the possessor who is the actor
Prescription is rightly regarded as a statute of repose whose As to applicability
object is to suppress fraudulent and stale claims. Our laws favor Applicable to ownership and Applicable to all kinds of rights,
other real rights whether real or personal
not property rights hanging in the air for an uncertain time
As to its legal effect
(Multi-Realty Dev. Corp vs. Makati Tuscany, 2006).
Vests the property and raise a Vests the property and raise a
new title in the occupant new title in the occupant
Results in the acquisition of Merely results in the loss of a
ownership or other real rights in real or personal right, or bars
Q: What are the different kinds of prescription? a person as well as the loss of the cause of action to enforce
A: The different kinds of prescription are as follows: said ownership or real rights in said right
1.) Acquisitive prescription: The acquisition of ownership another
and other real rights through possession of a thing in As a defense
the manner and condition provided by law. It may be Can be proven under the general Should be affirmatively pleaded
ordinary or extraordinary. issue without its being and proved to bar the action or
affirmatively pleaded claim of the adverse party
2.) Extinctive prescription: The loss or extinguishment of
property rights or actions through the possession by
another of a thing for the period provided by law or Q: Are there instances when prescription is not applicable?
through failure to bring the necessary action to enforce A: Yes, they are the following:
ones right within the period fixed by law. a.) The offender can never acquire, through
prescription, movable properties possessed
Q: What are ordinary and extraordinary acquisitive through a crime.
prescriptions? b.) No title to registered land in derogation of the title
A: Ordinary acquisitive prescription requires possession of of the registered owner shall be acquired by
things in good faith and with just title for the time fixed by law. prescription or adverse possession. (PD 1529)
On the other hand, extraordinary acquisitive prescription as
acquisition of ownership and other real rights is without need of Q: What are the rights not extinguished by prescription?
title or of good faith or any other condition. Under ordinary A: The following are not extinguished: (Art. 1143, NCC)
acquisitive prescription, a lapse of four (4) years for movable a.) To demand a right of way, regulated by NCC 649;
properties and ten (10) years for immovable properties entitles b.) To bring an action to abate a public or private
the possessor to own the thing, while under extraordinary nuisance.
acquisitive prescription, lapse of eight (8) years for movable c.) To demand partition of co-ownership;
properties and thirty (30) years for immovable properties is d.) To demand easement of light and view through
required. observance by servient owner of distances for
direct of oblique view;
Q: As a mode of acquisition, what are the requisites under e.) To declare the inexistence of contract or the
prescription? nullity of a void judgement;
A: f.) To compel a trustee to re-convey property
General Rule: registered in his name for the benefit of the cestui
The following are required: que trust;
a.) Capacity of the claimant to acquire by g.) To compel reconveyance of land registered in bad
prescription; faith provided it has not yet passed to an innocent
b.) A thing capable of acquisition by prescription; purchaser for value;
c.) Adverse possession of the thing under certain h.) To seek issuance of a writ of possession;
conditions; and i.) To probate a will; and
d.) Lapse of time provided by law. j.) Recovery by the State of non-registrable land.

Note: An action for reconveyance can be barred by prescription

Exception: (DBT Mar-Bay Construction Inc. vs. Panes, 2009). However, the
The following are only required in ordinary prescription period applies only if there is an actual need to
prescriptions: reconvey the property as when the plaintiff is not in possession
of the property. If the plaintiff, as a real owner of the property

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DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
also remains in possession of the property, the prescriptive PRESCRIPTION VS. LACHES
period to recover title and possession of the property does not 125
run against him. In such a case, an action for reconveyance, if
nonetheless filed, should be in the nature of a suit for quieting PRESCRIPTION LACHES
of title, an action that is imprescriptible (Aguirre vs. Villanueva, As to what is considered
2007). Concerned with the fact of Concerned with the effect of delay
delay
Q: When is an action to quiet title imprescriptible? A question or a matter of Principally a question of inequity of
time permitting a claim to be enforced, this
A: When plaintiff is in possession of the property, the action to
inequity being founded on some
quiet title does not prescribe. The reason is that the owner of subsequent change in the condition or
the property or right may wait until his possession is disturbed the relation of the parties
or his title is assailed before taking steps to vindicate his right.
As to source
Q: What are the rules governing prescription as a matter of Statutory NOT statutory
defense? As to applicability
Applies at law Applies at equity
A: The burden of proof in raising prescription as a defense rests
As to availability
on the party laying claim on it. Failure to plead constitutes
Cannot be availed of Being a defense of
waiver of the defense and cannot be raised for the first time at unless it is especially equity, need not be specifically pleaded
the trial or on appeal. pleaded as an affirmative
allegation
General Rule: As to basis
The issue of prescription is one involving evidentiary matters Based on a fixed time NOT based on a fixed time
requiring a full-blown trial on the merits and cannot be
determined in a mere motion to dismiss. Q: Must a person have legal capacity to acquire property or
rights by prescription?
Exceptions: A:
1.) When the plaintiffs complaint on its face or the General Rule:
evidence he presented shows clearly that indeed the Yes. A person must have legal capacity to acquire
action has prescribed at the time it was filed. property or rights by the other legal modes in order
2.) If, before trial, a party has no means of knowing that that he may acquire the same by means of
opponents claim has already lapsed, prescription as a prescription.
defense may be pleaded later as soon as the true
nature of the claim is discovered. Exception:
Minors and other incapacitated persons may acquire
Q: What is Laches? property or rights by prescription, either personally or
A: It is the failure or neglect for an unreasonable and unexpired through their parents, guardians or legal
length of time, to do that which, by exercising due diligence, representative.
one could or should have done earlier.
Q: What are the objects of prescription?
Note: Laches is recourse in equity. Equity, however, is applied A:
only in the absence, never in contravention, of statutory law. General Rule:
Thus, laches, cannot, as a rule, be used to abate a collection All things within the commerce of men may be
suit filed within the prescriptive period mandated by the Civil acquired by prescription (Art. 1113, NCC).
Code (De Castro vs. CA, 2002).
Exceptions:
It applies even to imprescriptible actions. Its elements must be a.) Lands registered under the Torrens system (Sec.
proved positively. Laches is evidentiary in nature (Gochan vs. 47, P.D. 1529);
Heirs of Baba, 2005) b.) Properties of spouses, parents and children and
guardians and wards under certain conditions as
between themselves (Art. 1109, NCC); and
c.) Movables possessed through a crime (Art. 1133,
NCC).

Note: Res nullius or property without an owner is acquired by

occupation and not by prescription because prescription
presupposes a previous owner.

Q: What are the characteristics of possession to be the basis of

prescription?
A: They are the following (Art. 1118, NCC):
a.) In a concept of an owner;
b.) In public;
When the acts of enjoyment are executed in such
a manner as to be manifested or visible to all,
especially to the person against whom the
possession is being adversely asserted.
c.) Peaceful;
It is acquired and maintained without any
violence, physical or moral.

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 CIVIL LAW I REVIEWER
d.) Uninterrupted.
When the possessor has never ceased to manifest
with external acts his intention to exercise a right
over the thing, which presupposes that he has
never in fact ceased to exercise the right.
Possession is uninterrupted if there have been no
acts of deprivation of enjoyment of the things by a
third person, or any other act which interrupts
prescription.
c.) It must not prejudice the rights of creditors; and
d.) The person must have knowledge of the existence 126
of the right.
Note: Notwithstanding the express or tacit renunciation by a
person of a prescription already obtained, his creditors and all
other persons interested in making the prescription effective,
may still plead prescription for themselves to the extent of their
credit (Art. 1114, NCC).

Note: Interruption is distinct from discontinuity; the former is a
positive act of third person, while the latter is a negative act or
abstention on the part of the possessor himself.
Against whom prescription Against whom prescription does
runs not run
(Art. 1108, 1110; NCC)
Minors and other incapacitated Minors and other incapacitated
persons who have parents, persons who do not have parents,
guardians or other legal guardians or other legal
representatives (Art. 1108, representatives (Art. 1108, NCC)
NCC)
Absentees who have Absentees who do not have
administrators, either administrators, either appointed by
appointed by them before them before their appearance
their appearance or appointed by the courts (Art.
or appointed by the courts 1108, NCC)
(Art. 1108, NCC)
Persons living abroad, who Persons living abroad, who have
have managers or managers or administrators (Art.
administrators (Art. 1108, 1108, NCC)
NCC)
Juridical persons including the State and its subdivisions only with
state but only with regard to regards to properties of public
patrimonial property (Art. dominion (Art. 1108, NCC)
1108, NCC)
Married woman (Art. 1110, Between husband and wife during
NCC) the marriage even though there be a
separation of property agreed upon
in the marriage settlements or by
judicial decree (Art. 1109, NCC)
Between parents and children during
the minority or insanity of the latter
(Art. 1109, NCC)
Between guardian and ward during
the continuance of the guardianship
(Art. 1109, NCC)
In favour of a co-owner or co-heir
against his co-owners or co-heirs as
long as the co-ownership is
recognized (Art. 494, par. 5, NCC)
Note: Under the Constitution, an alien cannot acquire any land
in the Philippines even by prescription (Art. XII, Sec. 3, par. 1,
Sec. 7, CONTS)
Q: What are the kinds of interruption of possession?
A: The kinds of interruption of possession are the following (Art.
1120 to 1124):
a.) Natural: In this case, the old possession loses all
its juridical effects, and even if the possession if
reacquired, the old possession cannot be tacked to
the new possession for the purpose of
prescription.
b.) Civil: This is produced by judicial summons to the
possessor. In this case, there is unanimity
between the law and commentators in the view
that if the possession is recovered, it can be
connected to the time that has elapsed as if it
were in fact continuous, the period of interruption
is to be counted for the prescription.
Q: What are the effects of interruption?
A: All benefits acquired so far from the possession cease. When
the prescription runs again, it will be an entirely new one.
Q: What is the difference between prescription and suspension?
A: In suspension, the past period is included in computation;
old possession is tacked to the new, but not for interruption.
Q: What is the effect of recognition by the possessor with
regard to the right of the owner?
A: Any express or implied recognition or acknowledgement
which the possessor may make with regard to the right of the
owner will also interrupt the continuity of possession (Art. 1125,
NCC).
Q: What are the requisites for a valid recognition by the
possessor?
A: They are the following:
a.) Recognition must be made by the possessor
himself, or if made by a third person, the
recognition must be authorized or ratified by the
possessor;
b.) Recognition must be valid and efficacious in law;
and
c.) Recognition must have been made before
prescription has already been obtained.

The rule that prescription does not run against the State does
not apply to corporations created by the State for special
purposes, it being said that when the title of the Republic has
been divested, its grantees, although artificial bodies of its own
creation, are in the same category as ordinary persons (Shipside
Inc. vs. CA, 2001)
Q: What are the requisites of renunciation of prescription?
A: The renunciation of prescription is a unilateral act, and does
not require the acceptance of the person to be benefitted by it
(Art. 1112, NCC). Their requisites are the following:
a.) The person renouncing must have capacity to
alienate property because renunciation involves
the disposition of property;
b.) The renunciation must refer to prescription already
obtained;
Note: When the act of recognition was obtained through
violence, intimidation, fraud or any other cause which vitiates
consent, it will not interrupt possession.
Q: What is the concept of prescription of an action?
A: Prescription of action or limitation of action is the time within
which an action may be brought or some act done to preserve
the right. Actions prescribe by the mere lapse of time fixed by
law (Art. 1139, NCC). It extinguishes the action. This right of
prescription may be waived.
Note: Mere delay in the enforcement of a claim does not result
in any reduction or loss of right, unless the full period required
by law for prescription has expired. The obligation subsist until
the owner of the right avails himself of prescription, the courts
of justice cannot supply the defense if the he himself does not
do so. However, it has been held that even if not pleaded, if it is

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
apparent on the face of the complaint, it may be favorably
considered, even after evidence is adduced.
Q: What are the rules on prescription or limitation of actions to
recover movable properties?
A: The action prescribes in eight (8) years from the time the
possession thereof is lost (Art. 1140, NCC). However, the action
shall not prosper if it is brought after 4 years when the
possessor has already acquired title by ordinary acquisitive
prescription (Art. 1132, NCC). If the possessor acquired the
movable in good faith at a public sale, the owner cannot obtain
its return without reimbursing the price paid.
Q: What are the rules on prescription or limitation of actions to
recover immovable properties?
A: Real actions prescribe after 30 years (Art. 1141, NCC), unless
the possessor has acquired ownership of the immovable by
ordinary acquisitive prescription through possession of 10 years.
(Art. 1134, NCC)
For action for reconveyance, if it is based on fraud, it
prescribes after 4 years from the discovery of fraud but if it is
based on implied or constructive trust, it prescribes in 10 years
from the alleged fraudulent registration or date of issuance of
certificate of title over the property.
Note: Period of possession of public land before it became
patrimonial is not counted for the purposes of completing the
prescriptive period (Heirs of Malabanan vs. Republic, 2009).
Q: What are the rules on computation of period?
A: The rules are as follows:
a.) The present possessor may complete the period
necessary for prescription by tacking his
possession to that of his grantor or predecessor;
b.) It is presumed that the present possessor who
was also the possessor at a previous time, has
continued to be in possession during the
intervening time, unless there is proof to the
contrary; and
c.) The first day shall be excluded and the last day
included.
Q: How shall computation be done when possession begins in
good faith but is later converted to bad faith?
A: The prescription will be extraordinary but the possession in
good faith shall be computed in the proportion that the period
of extraordinary prescription bears to that of ordinary
prescription.
RULES ON OTHER ACTIONS
1. Action to foreclose mortgage prescribes after 10 years
from the time the obligation secured by the mortgage
becomes due and demandable.
2. Actions that Prescribe in 10 Years (Art. 1144, NCC)
(a) Upon a written contract;
(b) Upon an obligation created by law; and
(c) Upon a judgment.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
The computation of the period of prescription of any cause or
right of action, which is the same as saying prescription of the 127
action, should start from the date the cause of action accrues or
from the day the right of the plaintiff is violated. (Nabus v. CA,
1991)
3. Actions that Prescribe in 6 Years (Art. 1145, NCC)
(a) Upon an oral contract;
(b) Upon a quasi-contract.
4. Actions that Prescribe in 4 Years (Art. 1145, NCC)
(a) Upon an injury to the rights of the plaintiff
(b) Upon a quasi-delict
Note: But when the action arises from any act of any public
officer involving the exercise of powers arising from Martial Law
including the arrest, detention and/or trial of the plaintiff, the
same must be brought within 1 year.
5. Actions that Prescribe in One Year or Less (Art. 1147,
NCC)
(a) For forcible entry or unlawful detainer
(b) For defamation
6. Other Actions that Prescribe in 1 Year under the Civil
Code
(a) To recover possession de facto [Art. 554 (4), NCC]
(b) To revoke a donation on the ground of ingratitude
(Art. 769, NCC)
(c) To rescind or recover damages if immovable is sold
with non-apparent burden or servitude [(Art. 1560
(3,4), NCC]
(d) To enforce warranty of solvency in assignment
credits (Art. 629, NCC)
7. Where Periods of Other Actions Not Fixed in the Civil
Code and in Other Laws.
All other actions whose periods are not fixed in the Civil Code or
in other laws must be brought within 5 years from the time the
right of action accrues. (Art. 1149, NCC)
Q: When is prescription interrupted?
A: The prescription of actions is interrupted when:
a.) They are filed before the court;
b.) When there is a written extrajudicial demand by
the creditors; and
c.) When there is any written acknowledgment of the
debt by the debtor. (Art. 1155, NCC)
Civil actions are deemed commenced from the date of the filing
and docketing of the complaint with the Clerk of Court. (Cabrera
v. Riano, 1963)
A written extrajudicial demand wipes out the period that has
already elapsed and starts anew the prescriptive period (The
Overseas Bank of Manila v. Geraldez, 1979)
Not all acts of acknowledgement of a debt interrupt
prescription. To produce such effect, the acknowledgment must
be written, so that the payment, if not coupled with the
communication signed by the payor would interrupt the running
of the period of prescription. (PNB v. Osete, 1968)
 CIVIL LAW I REVIEWER
SUCCESSION
128
Q: What is succession? be embodied in a will and must follow the form required by law.
A: (Magsalang v. Heirs of Cabatingan, 20002)
Succession is a mode of acquisition by virtue of which
One of the decisive characteristics of a donation mortis causais that the
the property, rights and obligations to the extent of the value of
transfer should be considered void if the donor survives the done. It is
the inheritance of a person, are transmitted through his death to settled rule that the title given to a deed of donation is not the
another or others either by his will or by operation of law. determinative factor which makes the donation whether inter vivosor
(Art. 774) mortis causa, the same do not depend on the title or term used in the
In general, succession may be understood in either of deed but on the provisions stated therein.(Reyes v. Mosqueda, 187 S
two senses. In its broadest juridical sense, it signifies the 661)
substitution or subrogation of a person in the transmissible rights
and obligations of another. Under this definition, it embraces not The express irrevocability of the same (hindi na mababawi) is the
distinctive standard that identifies it as a donation inter vivos. The other
only succession mortis causa, but even succession inter vivos.
provisions: will take effect upon death that a prohibition to alienate,
In its strict juridical sense, it signifies the substitution or encumber, dispose or sell must be harmonized with its express
subrogation of a person in the transmissible rights and irrevocability such that after the donors death, the donation will take
obligations of a deceased person. Under this definition, it is effect so as to make the donee the absolute owners of the donated
limited to succession mortis causa. It is in this sense that it is property free from all liens and encumbrances. (Austria-Magat v. CA,
understood in the New Civil Code. 2002) The prohibition to alienate does not necessarily defeat the inter
vivos character of the donation, it even highlights the fact that what
Q: What are the kinds of succession? remains with the donor is the right of usufruct and not anymore the
naked title of ownership. (Gestopa v. CA)
A:
A. By the moment of transmission:
B. As to cause:
1. mortiscausa - takes place by virtue of death
1. Forced/Compulsory - that effected by operation of
2. intervivos- takes place independently of death during
law to forced heirs even if not in a will, succession to
the lifetime of the parties
the reserved portion/ legitime;
2. Testamentary - by will, results from the designation
Distinctions between succession mortis causaand succession inter
of an heir, made in a will executed in the form
vivos:
prescribed by law;
Succession Inter Vivos Succession Mortis Causa
3. Intestate or legal - succession in default of a will;
As to when it takes effect
subordinate to testamentarysuccession
Takes effect during the lifetime Takes effect upon givers death 4. Mixed - combination of the above, may be effected
of the giver, independently of partly by will and partly by operation of law. If the
the his death testator makes a will which does not dispose all of his
As to cause or consideration properties, hence, in the distribution of the hereditary
Cause is givers pure generosity In contemplation of givers estate of the testator after his death, testamentary
death without intention to succession shall takes place with respect to that part
dispose of the thing in case of which he has disposed of in his will while legal/intestate
survival succession takes place with respect to that part which
On predecease he has not disposed of;
Valid if giver survives the done Void if giver survives 5. Contractual - E.g., donation propter nuptias by one to
On revocability another of future property which takes effect after
Generally irrevocable except for Always revocable at any time death. Why contractual? Because the transfer of
grounds provided for by law and for any reason before the property is not by virtue of a will but by contract. So it is
givers death
governed by the law on contracts. Hence, it must be
On formalities governed by the Statute of Frauds. It must be in writing
Must comply with the formalities Must comply with the formalities to be enforceable.
of donations of a will

On when acceptance is made The conveyance was neither a donationmortis causanor donation inter
vivos. There, is no showing that the funds exclusively belonged to one
Acceptance during givers After givers death
party, hence, it must be presumed to be conjugal having been acquired
lifetime
during the existence of the marital relations. Spouses are not prohibited
On when property is conveyed by law to invest conjugal property by way of joint and several bank
Property completely conveyed Property retained by the donor accounts. In this case, when spouses Vitug opened such account, they
to the receiver while he is still alive merely put what rightfully belonged to them in money-making venture.
They did not dispose of it in favour of the other, which would have been
If a donation by its terms is inter vivos, this character is not altered by sanctionable as a prohibited donation. (Vitug v. CA, 183 s 755)
the fact that the donor styles it mortis causa. (Del Rosario v. Ferrer,
2010) Q: What are the requisites of succession?
A:
In case of doubt, conveyance should be deemed a donation inter 1. Death of the predecessor;
vivosrather that mortis causa in order to avoid uncertainty as to the
2. Existence and capacity of the successor;
ownership of the property subject of the deed. (Puig v. Penaflorida)
3. Provision of the law or provision of a will granting
The phrase become effective upon the death of the donor admits no the right of succession; and
other interpretation but the donor did not intend to transfer ownership of 4. Acceptance by the successor.
the properties to the petitioners during her lifetime. That the donations
were made in consideration of love and affection of the donor does not
qualify the donation as inter vivos because transfer mortis causa may
also be made for the same reason. Being a mortis causa donation it must

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
ELEMENTS OF SUCCESSION MORTIS CAUSA
1. Mode of transmitting/Acquiring Ownership property,
rights, and obligations are transmitted; those which are
not extinguished by death of the decedent is
inheritance;
2. Transmission/Acquisition through Death
Q: When are rights to succession transmitted?
A: The rights to succession are transmitted from the moment of
the death of the decedent. (Art. 777)
(a) actual death physical death coincides with legal
death; (b) presumptive death for purposes of opening
succession, a person is presumed dead after 10 years in
case of ordinary absence, unless such person is already
75 years old when his absence occurred in which case,
his succession will open after 5 years; in case of
extraordinary absence, such person is presumed dead
after 4 years from such absence;
3. Object of Succession
Inheritance Hereditary Estate
Value of the whole or all of the Property and transmissible rights
property of the decedent and assets less liabilities
Q: What is transferred by death in succession?
A: Only the property, rights and obligations not extinguished by
death are transmitted to the heirs.
For money debts: If not paid in settlement proceedings, heirs
could be liable to the extent of what they received
For obligations: E.g., lessee-lessor-- obligation to keep the lessee
in the peaceful possession is transmitted to the heirs.
Note: Property, rights and obligations which are purely personal are
extinguished by thedeath of the decedent. They are not part of the
inheritance, e.g., membership in the bar or right of consortium with your
wife.
Q: Are afteracquired properties of the decedent transmissible?
A:
General Rule: Property acquired during the period between
the execution of the will and the death of the testator is not
included.
3 3.
Exception: When a contrary intention expressly appears in
the will. (Art. 793)
Note: Relevant in testamentary succession. Applies only to legacies
and devises and not to institution of heirs.Properties acquired after
execution of a will and existing at the time of death will not pass to
them.
The inheritance of a person includes not only the property and
the transmissible rights and obligations existing at the time of his
death but also those which have accrued thereto since the
opening of the succession. (Art. 781)
4. Parties to Succession
a. Decedent person whose property is transmitted
through succession, whether or not he left a will. (Art.
775)
b. Testator a decedent who left a will. (Art. 775)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
KINDS OF SUCCESSORS
1. Heirs those who are called to the whole or an aliquot
129
portion of the inheritance either by will or by operation
of law. (Art. 782)
2. Devisees persons to whom gifts of real property are
given by virtue of a will
3. Legatees persons to whom gifts of personal property
are given by virtue of a will
Note: The distinction is significant in case of preterition.
KINDS OF HEIRS
1. Compulsory Heirs those who succeed by force of law
to some portion of the inheritance, in an amount
predetermined by law known as the legitime, of which
they cannot be deprived by the testator, except by a
valid disinheritance. They succeed regardless of a will.
2. Voluntary or Testamentary Heirs those who are
instituted by the testator in his will, to succeed to the
portion of the inheritance of which the testator can
freely dispose. They succeed by reason of a will.
3. Legal or Intestate Heirs those who succeed to the
estate of the decedent who dies without a valid will, or
to the portion of such estate not disposed of by will, or
when certain grounds are met.
Rationale/ Bases of Law on Succession
1. Inherent necessity to respect even beyond the limits of
the life the proprietary rights of the deceased;
2. One way of perpetrating the patrimony of a person for
the benefit of the family and relatives;
3. Socio-economic reasons, otherwise the property will be
considered as res nullius. The necessity of lending
stability in the economy, despite death, the property will
be devoted to some economic/social welfare.
BASIC PRINCIPLES IN SUCCESSION
1. Succession cannot take place while the owner of the
property is alive. The heir/successor has a mere
expectancy right to the property of the decedent, during
the lifetime of the latter.
2. Interest of the family may override the will of the
decedent because of compulsory heirs. There is a
legitime reserved for the family. A will cannot impair the
legitime.
The estate passes or devolves to the family unless the
decedent expressly orders otherwise in a will.
4. The family cannot be entirely deprived of the estate
because of the system of legitime.
5. Within the family, heirs of equal degree/ proximity
inherit in equal shares. Presumption of equality, as a
general rule.
6. The heirs are not liable for the debts of the estate
beyond their share in the inheritance.
7. The State has a share in the inheritance through taxes.
II. FORCED SUCCESSION/ LEGITIME
Q: What is Legitime?
A: Legitime is that part of the testator's property which he
cannot dispose of because the law has reserved it for certain
heirs who are, therefore, called compulsory heirs. (Art. 886)
The right to legitime is imposed by law and therefore
the compulsory heirs cannot be totally deprived of such right.
Any contract or will of the decedent whether wilfully or
not at the time of execution that would have the effect of
 CIVIL LAW I REVIEWER
depleting the estate to the detriment of the compulsory heirs is
null and void.
However, any contract entered into by a person while
still alive is valid. e.g. sale, but if the sale is simulated or
intended to defraud the heirs, the same is void and rescissible.
Note: There is compulsion on the part of the testator to reserve that part
of the estate which corresponds to the legitime; the law sets a fractional
portion of the estate for the compulsory heirs; the law does not specify
which property to reserve but only sets aside a fractional portion of the
estate; there is no obligation on the compulsory heirs to accept; only the
legitime is reserved; the free portion may be disposed of by will.
No Deprivation of Legitime
The testator cannot deprive his compulsory heirs of
their legitime, except in cases expressly specified by law, e.g.
disinheritance. (Art. 904)
Even if the will was validly executed if the testator provides for
dispositions that deprive or impair the lawful heirs of their legitime or
rightful inheritance according to the laws on succession, the unlawful
provision/dispositions thereof cannot be given effect.
Even if the testator does not want to make a compulsory heir
an heir, he cannot do so because this limitation is imposed upon him
directly by the law. If he intentionally or unintentionally omits to put
them in his will or omits to grant them part of the property in the
succession, his wish cannot prevail for the law provides that the
preterition or omission of one, some or all of the compulsory heirs in the
direct line. Whether living at the time of execution of the will or born
after the death of the testator, shall annul the institution of heir, but
legacies and devises shall be valid id so far as they are not inofficious. If
the omitted compulsory heirs should die before the testator, the
institution shall be effectual without prejudice to the right of
representation(Art. 854)
If he wants to disinherit any or all of his compulsory heirs, he
may do so but this disinheritance should be for causes expressly stated
by law, and effected only through a will wherein the legal cause therefor
shall be specified. As a consequence of this valid disinheritance, a
compulsory heir may be deprived of his legitime. (Art. 915) (Dorotheo v.
CA, 1999)
No Condition/Substitution
General Rule:
Neither can he impose upon the same any burden,
encumbrance, condition, or substitution of any kind whatsoever.
(Art. 904)
The testator cannot impose any charge, condition or
substitution whatsoever upon the legitimes prescribed in this
Code. Should he do so, the same shall be considered as not
imposed.(Art. 872)
Exceptions:
Should a person make partition of his estate by an act
inter vivos, or by will, such partition shall be respected, insofar as
it does not prejudice the legitime of the compulsory heirs.
A parent who, in the interest of his or her family,
desires to keep any agricultural, industrial, or manufacturing
enterprise intact, may avail himself of the right granted him in
this article, by ordering that the legitime of the other children to
whom the property is not assigned, be paid in cash.(Art. 1080)
Every co-heir has a right to demand the division of the
estate unless the testator should have expressly forbidden its
partition, in which case the period of indivision shall not exceed
twenty years as provided in article 494. This power of the
testator to prohibit division applies to the legitime. (Art 1083)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
No Compromise/Waiver
Every renunciation or compromise as regards a future legitime 130
between the person owing it and his compulsory heirs is void,
and the latter may claim the same upon the death of the former;
but they must bring to collation whatever they may have
received by virtue of the renunciation or compromise. (Art. 905)
Q: When is the principle of no compromise/waiver applicable?
A: When the following requisites are met:
1. The contact has for its object property;
2. Such property belongs to a person who may or may
not be a party to the contract;
3. The performance of contractual rights and
obligations is dependent upon such contract; and
4. Succession is not yet open.
Q: What is the scope of the prohibition?
A:
1. Any renunciation of future legitimes, whether for a
valuable consideration or not;
2. Any waiver of the right to ask for the reduction of an
innoficious donation;
3. Compromise between the compulsory heirs
themselves during the lifetime of the testator.
Note: The prohibition is not applicable in cases of:
1. Renunciations or compromises made after the death of the
testator;
2. Donations or remissions made by the testator to the
compulsory heirs as advances of their legitime.
No Impairment
Any compulsory heir to whom the testator has left by any title
less than the legitime belonging to him may demand that the
same be fully satisfied. (Art. 906)
Q: Who are Compulsory Heirs?
A: The following are Compulsory Heirs:
1. Legitimate children and descendants, with respect to
their legitimate parents and ascendants;
2. In default of the foregoing, legitimate parents and
ascendants, with respect to their legitimate children and
descendants;
3. The widow or widower;
4. Acknowledged natural children, and natural children
by legal fiction;
5. Other illegitimate children referred to in article 287.
(Art. 887)
Note:
Compulsory heirs mentioned in Nos. 3, 4, and 5 are not excluded by
those in Nos. 1 and 2; neither do they exclude one another. In all cases
of illegitimate children, their filiation must be duly proved.
CLASSES OF COMPULSORY HEIRS (Art. 887)
Primary those who have precedence over and exclude other
compulsory heirs:
Legitimate Children and Legitimate Descendants with
respect to their Legitimate Parents and Ascendants.
Secondary those who succeed only in the absence of the
Primary compulsory heirs:
1. Legitimate Parents and Legitimate Ascendants, with respect to
their Legitimate Children and Descendants. (They will inherit only
in default of legitimate children and their descendants)
2. Illegitimate Parents with respect to their Illegitimate Children.
(They will inherit only in default of the illegitimate and legitimate
children and their respective descendants). Note that other
illegitimate ascendants are not included.
 CIVIL LAW I REVIEWER
Concurring those who succeed together with the primary or
the secondary compulsory heirs:
(1) Widow or Widower / Surviving Spouse (Legitimate).
(2) Illegitimate Children and Illegitimate Descendants.
Note: Except: Illegitimate children exclude illegitimate parents.
2. Direct Ascending Line
Q: Is the presence of illegitimate children of the decedent
exclude the Legitimate Parents and Ascendants?
A: No. Legitimate parents and ascendants concur with the
illegitimate children of the decedent. However, if the decedent is
himself illegitimate, his illegitimate children exclude the
illegitimate parents and ascendants.
Q: Can a common law spouse be a compulsory heir?
A: No. There must be valid marriage between the decedent and
the surviving spouse. If the marriage is null and void, the
surviving spouse cannot inherit.
d. If all the Legitimate Children repudiate their legitime, 131
the next generation of Legitimate Descendants may
succeed in their own right.
a. Rule of division between lines
The father and the mother shall inherit equally if both
living. One parent succeeds to the entire estate of the
child if the other parent is dead. (Art. 986)
In default of the mother and the father, the ascendants
nearest in degree will inherit. (Art. 987)
If there is more than one relative of the same degree
but of different lines, one half will go to the paternal
ascendants and the other half to the maternal
ascendants. (Art. 987)

Q: How can the heirs of the decedent use the nullity of marriage b. Rule of equal division
to prevent the surviving spouse from inheriting?
A: The heirs can raise the issue of nullity of the marriage in the The relatives who are in the same degree shall inherit in
same proceeding for the settlement of the estate. This is allowed equal shares. (Art. 987)
because a marriage that is null and void can be collaterally
attacked. Kinds of Legitime
However, in case of voidable marriages, if the marriage
is not annulled before the decedent died, the surviving spouse 1. Fixed the aliquot part of the decedents estate to
can still inherit. which a certain class of compulsory heirs is entitled by
Reason: Voidable marriages can only be attacked in a operation of law is always the same whether they
direct proceeding, i.e. annulment proceeding. survive alone or with other classes of compulsory heirs.
2. Variable the aliquot part changes depending upon
Note: The surviving spouse is not a compulsory heir of his/her whether they survive alone or with other classes of
parentinlaw.
compulsory heirs.
Separationinfact will not disqualify the surviving spouse from
getting his/her legitime, regardless of his/her guilt.
Shares in the Legitime
Effect of Adoptive Relations
Legend:
The adoptive relationship is limited to the adopter and LC Legitimate Child
adoptee, hence no filiation is created between the relatives of IC Illegitimate Child
the former and the latter. Consequently, the adoptee can inherit SS Surviving Spouse
from the adopter/s but cannot inherit from the relatives of the LP Legitimate Parents
latter and vice versa. The adoptee has the same rights as that of ILP Illegitimate Parents
a legitimate child.
Share of the Legitimate Children or Descendants

LC whether surviving alone or concurring with other

RULES ON LEGITIME
heirs are entitled to of the hereditary estate. (In case
there are several LC, they are entitled to of the
1. Direct Descending Line hereditary estate to be divided among themselves
a. Rule of Preference between lines (Art. 978 and 985) equally)

Those in the direct descending line shall exclude those
in the direct ascending and collateral lines; and
Those in the direct ascending line shall, in turn, exclude
those in the collateral line.
b. Rule of Proximity (Art. 926) The relative nearest in
degree excludes the farther one.
c. Right of representation ad infinitum in case of
predecease, incapacity, or disinheritance (Art. 972 and
992)
For decedents who are Legitimate Children, only the
Legitimate Descendants are entitled to right of
representation.
For decedents who are Illegitimate Children, both the
Legitimate and the Illegitimate Descendants can
represent, only with respect to the decedents
illegitimate parents.
Share of the Surviving Spouse
If alone, entitled to of the hereditary estate
If alone, but married the testator/decedent in articulo
mortis the latter died within 3 mos. after such
marriage, and they cohabitated for less than 5 years,
the share of SS is 1/3 of the hereditary estate.
If concurring with 1 LC, of the hereditary estate.
If concurring with several LC, SSs share is equal to the
share of 1 LC.
If concurring with LP only, of the hereditary estate.
If concurring with IC (or several IC) only, 1/3 of the
hereditary estate.
If concurring with both LP and IC, 1/8 of the hereditary
estate.
If concurring with ILP of the hereditary estate.

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
Share of Illegitimate Children the legitime of the SS must
first be fully satisfied.
IC surviving alone is entitled to of the hereditary b. If the same is insufficient, 132
divide it among the IC
estate.
equally.
If concurring with LC, of the share of each legitimate c. If there are 2 or more LC,
children. the legitime of the SS is the
If concurring with SS, 1/3 of the hereditary estate. same as that of each LC
If concurring with LP, of the hereditary estate. and it shall be taken from
If concurring with LC and SS, of the share of each the free portion.
legitimate child. LPA 1/2 a. This rule apply whether
If concurring with LP and SS, of the hereditary they survive aloe or with
estate. other classes of compulsory
heirs.
b. They inherit in default of
Note: Illegitimate children do not exclude legitimate parents.
LCD by the testator,
otherwise they are
Share of Legitimate Parents or Ascendants excluded.
LPA 1/2 a. The to which the IC is
LP whether surviving alone or concurring with SS and/or entitles is taken from the
IC is entitled to of the hereditary estate.(However, IC 1/4 free portion.
they are excluded by LC but not IC) b. The shall be divided I
equal sgares among
Share of Illegitimate Parents or Ascendants several IC.
c. The remaining shall be
at the free disposal of the
If surviving alone, of the hereditary estate.
testator.
If concurring with SS, of the hereditary estate. LPA 1/2 a. The legitime of the SS shall
(They are excluded by LC or IC) be taken from the free
SS 1/4 portion.
Table of Legitimes b. The remaining shall be
at the free disposal of the
Survivor Legitime Notes testator.
LC 1/2 a. Divide by the number of LC LPA 1/2 a. The legitime of the SS and
whether they survive alone IC shall be taken from the
or concurring with other SS 1/8 free portion provided that
compulsory heirs. the total legitime of such
b. The remaining shall be IC 1/4 IC shall not exceed the free
at the free disposal of the portion and that the
testator. legitime of the SS must
1LC 1/2 a. The legitime of the SS shall first be fully satisfied.
be taken only from the free b. The remaining 1/8 may be
SS 1/4 portion. freely disposed of by the
b. In case of legal separation, testator.
the surviving spouse may IC 1/2 a. Divide equally among
inherit if it was the several IC.
deceased who had given b. The remaining shall be
cause for the same. at the free disposal of the
2 or more LC 1/2 a. The must be divided by testator.
the number of LC. SS 1/3 The remaining 1/3 shall be
SS Same as b. The legitime of the SS shall at the free disposal of the
that of each be taken from the free IC 1/3 testator.
LC portion. SS 1/3 a. 1/3 if marriage is in articulo
c. After deducting the 1/2 mortis and the testator
legitime of SS, the 1/2 spouse died within 3
remaining shall be at the 1/2 months after the marriage.
free disposal of the b. when they have been
testator. living as husband and wife
LC 1/2 a. The legitime of IC shall be for more that 5 years
taken from the free before marriage in articulo
IC 1/2 of 1 LC portion. mortis.
b. In case of several IC: c. If marriage is not in
If the free articulo mortis, SS shall
portion is inherit of the estate.
sufficient, each d. The remaining in b and
IC gets of 1 c shall be at the free
LC. disposal of the testator.
If the same is IP 1/2 The remaining shall be
insufficient, at the free disposal of the
divide it among testator.
the IC equally. IP 1/2 Only the parents of IC are
LC 1/2 a. The legitime of the IC shall included. Grandparents and
be taken from the free SS 1/2 other ascendants are
SS 1/4 portion provided that the excluded.
total number of legitime of
IC 1/2 of 1 LC such IC shall not exceed
the free portion and that

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
Table of Intestate Shares 4.Donations which an illegitimate child may have
received during the lifetime of his father or mother, 133
LEGEND: shall be charged to his legitime. Should they exceed the
Legit. Children or Descendants LCD portion that can be freely disposed of, they shall be
Illegit. Children or Descendants ILCD reduced in the manner prescribed by this Code. (Art.
Legit. Parents or Ascendants LPA
910)
Illegit. Parents or Ascendants ILPA
Surviving Spouse SS
Brothers and Sisters BS Q: In relation to Articles 908 to 910, how shall the reduction
Nephews and Nieces NN from the legitimebe made?
A: After the legitime has been determined in accordance with the
three preceding articles, the reduction shall be made as follows:
Survivor Intestate share 1. Donations shall be respected as long as the legitime
can be covered, reducing or annulling, if necessary,
Any class alone Entire estate
the devises or legacies made in the will;
LCD Entire estate
LPA Excluded
2. The reduction of the devises or legacies shall be
1 LCD 1/2
SS 1/2 pro rata, without any distinction whatever.
2 or more LCD Consider SS as 1 LC, and then
SS divide estate by total number. If the testator has directed that a certain devise or
LPA 1/2 legacy be paid in preference to others, it shall not
SS 1/2 suffer any reduction until the latter have been
LPA 1/2 applied in full to the payment of the legitime.
ILCD 1/2
ILC D 1/2 3. If the devise or legacy consists of a usufruct or life
SS 1/2
annuity, whose value may be considered greater
LPA 1/2
than that of the disposable portion, the compulsory
SS 1/4
ILCD 1/4 heirs may choose between complying with the
ILPA 1/2 testamentary provision and delivering to the
SS 1/2 devisee or legatee the part of the inheritance of
SS 1/2 which the testator could freely dispose. (Art. 911)
BS/NN 1/2
1 LCD First satisfy legitime. If estate 4. If the devise subject to reduction should consist of
SS would be insufficient, real property, which cannot be conveniently
ILCD reduction must be made in divided, it shall go to the devisee if the reduction
accordance with the rules on
does not absorb onehalf of its value; and in a
legitime. The legitime of LCD
and SS shall always be first contrary case, to the compulsory heirs; but the
satisfies in preference to the former and the latter shall reimburse each other in
ILCD cash for what respectively belongs to them. (Art.
2 or more LCD First, satisfy legitime. In case 912)
SS of the excess in the estate
ILCD distribute such excess in The devisee who is entitled to a legitime may retain
proportion 1:2:2, in
the entire property, provided its value does not
accordance with the principle
of concurrence. exceed that of the disposable portion and of the
SS 1/2 share pertaining to him as legitime.
BS/NN 1/2
*Right of representation Note: If the heirs or devisees do not choose to avail themselves
applies. of the right granted by the preceding article, any heir or devisee
who did not have such right may exercise it; should the latter not
Q: What is/are the remedy(ies) available to a compulsory heir make use of it, the property shall be sold at public auction at the
whose legitime has been impaired? instance of any one of the interested parties. (Art. 913)
A:
1.In case of preterition annulment of institution of heir The testator may devise and bequeath the free portion
and reduction of devises and legacies as he may deem fit. (Art. 914)
2. In case of partial impairment completion of legitime
3. In case of inofficious donation collation Q: What is the order of preference in reducing testamentary
dispositions and donations?
Q: What are the rules governing the donations made by the A:
testator in favor of his children, legitimate and illegitimate, and 1.Legitime of compulsory heirs
strangers and those which are inofficious. 2. Donations inter vivos
A: 3. Preferential legacies or devises
1.Donations given to children shall be charged to their 4. All other legacies or devises pro rata.
legitime.
2.Donations made to strangers shall be charged to that Note: The order of preference is applicable when:
part of the estate of which the testator could have 1.The reduction is necessary to preserve the legitime of
disposed by his last will. compulsory heirs from impairment whether there are
3. Insofar as they may be inofficious or may exceed the donations inter vivos or not; or
disposable portion, they shall be reduced according to 2.Although, the legitime has been preserved by the
the rules established by this Code. (Art. 909) testator himself there are donations inter vivos.

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
Q: What are the steps in the distribution of the estate of the
testator? Q: What are the requisites that must exist in order that a 134
A: property may be impressed with a reservable character?
1. Determine the value of the property left at the death of A:
the testator. (Gross estate) 1. That the property was acquired by a descendant (called
2. Deduct all debt and charges, except those imposed in praepositus or propositus) from an ascendant or from a
the will from the gross estate.(Net asset) brother or sister by gratuitous title;
3. Add the value of all donations by the testator that are 2. That said descendant (praepositus) died without an issue;
subject to collation. 3. That the same property (called reserva) is inherited by
(Net hereditary estate = [Gross estate Debts and another ascendant (called reservista) by operation of law
Charges] + donations) (either through intestate or compulsory succession) from the
4. Determine who are the compulsory heirs and their praepositus; and
corresponding legitimes using the table of legitimes 4. That there are living relatives within the third degree
below. counted from the praepositus and belonging to the same
5. Determine the free portion. line from where the property originally came (called
Free portion = net hereditary estate reservatarios). (Art. 891; Chua v. CFI of Negros
Less: legitimes (total amount) Occidental, Branch V, 78 SCRA 412; Rabuya, Civil Law
6. Imputation of donations Reviewer, pp. 634635)
7. Distribution of the remaining portion to the legatees and
devisees. Note: ReservaTroncal only exist in legitimate family, not in illegitimate or
adoptive relationship.

3 transmissions involved:
RESERVA TRONCAL 1st transfer by gratuitous title, from a person to his
descendant, brother or sister.
Q: What is reservatroncal? 2nd transfer by operation of law, from the transferee
A: Reservatroncal The ascendant who inherits from his in the 1st transfer to another ascendant. This creates
descendant any property which the latter may have acquired by the reserva.
gratuitous title from another ascendant, or a brother or sister, is 3rd transfer from the transferee in the second transfer
obliged to reserve such property as he may have acquired by to the relatives.
operation of law for the benefit of relatives who are within the
third degree and who belong to the line from which said property Illustration:
came. (Art. 891)

Purpose: To prevent persons who are outsiders to the family Grandfather

from acquiring, by chance or accident, property which otherwise (origin)
would have remained with the said family. In short, to put back `
the property to the line from which it originally came.
Wife
Concept: Son + (Reservista)
*Son already dead
1. A descendant (prepositus) inherits or acquires property from D.I.V
an ascendant or from a brother or sister (origin or mediate Php 10M
source) by gratuitous title. *10M will go to W
2. The same property is inherited by another ascendant Grandson
(reservista) or is otherwise acquired by him by operation of law (Prepositus)
from the said descendant (prepositus).
*Grandson died at age of 14, no issue
3. The said ascendant (reservista) must reserve the property for
the benefit of the relatives of the deceased descendant within
In this case, the W will have the obligation to preserve
the third civil degree and who belong to the line from which the
the property for the Reservatarios (relatives by consanguinity
said property came (reservatarios).
within 3rd degree from the grandson (prepositus). In the event
that the W dies, the same will be reverted back to the paternal
Q: Who are the parties to ReservaTroncal?
line (origin).
A:
1.Origin or Mediate Source either an ascendant of any Note: The reservatarios inherit the property from the propositus, not
degree of ascent or a brother or sister of the Prepositus; from the reservista.
responsible for the 1st transfer. Reservatroncal is governed by the following rules on intestate
2. Prepositus the first transferee of the reserved succession: (Applicable when there are concurring relatives within the
property. third degree)
3. Reservista an ascendant of the Prepositus other 1. Proximity The nearer excludes the farther
than the Origin or Mediate Source; the one obligated to 2. The direct line is preferred over the collateral line
3. The descending line is preferred over the ascending line
reserve the property.
4. Reservatarios within the 3rd degree of
consanguinity from the Prepositus(Cabardov. Villanueva,
1922) belonging to the line from which the property
came.

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
Obligations of Reservista Two Views
Reserva Maxima: The entire property will be considered 135
1. Within 90days from administration, he must cause the acquired as legitime and therefore wholly reservable.
annotation as to its reservable character in the proper Reserva Minima: One half is reservable, the other half is
registry of deeds. not subject to reservatroncal. [Tolentino, p. 284]
*Failure to cause such annotation: An action for specific
performance may be filed against him by the Extinguishment of the Reserva
reservatarios. 1. Loss of the reservable property.
2. He must submit an inventory or appraisal of the *If the loss is with fault of the reservista, he will be held
resevable property to determine the value of the liable for indemnity or the same will cause the forfeiture
property at the time he obtained the same measure of of the bond.
capital because this is liability of the reservista. 2. Death of the reservista.
3. He must furnish a bond (caucion) to guarantee that 3. Death of all the relatives within the third degree
he shall preserve the property and deliver the same to belonging to the line from which the property came
the reservatarios at proper time if such obligation was 4. Renunciation by the reservatarios.
not fulfilled, the bond will be garnished. 5. Registration of the reservable property under the
Torrens system as free.
Rights of Reservista 6. Prescription, when the reservistaholds the property
adversely against the reservatarios, as free from
1. His right over the reserved property is one of reservation.
ownership, but is subject to resolutory condition, i.e the
existence of reservatarios. Thus he may introduce
improvements therein.
2. His ownership is registrable. TESTAMENTARY SUCCESSION
Note: Consequence of onerous alienation by reservista : Valid but the
obligation to deliver the reservable property to reservatarios passed to Q: What is a will?
the transferee. If no annotation as to its reservable character, the A: A will is an act whereby a person is permitted, with the
innocent purchaser acquires ownership over such property the bond formalities prescribed by law, to control to a certain degree the
now will answer for the injury suffered by the reservatarios. This rule is disposition of his estate, to take effect after his death. (Art. 783)
also applicable in case of donations inter vivos. But other gratuitous
disposition of such property is void. KINDS OF WILLS
1. Notarial an ordinary or attested will, which must
Rights of Reservatarios comply with the requirements of the law. (Arts. 804-
808)
1. To ask for the inventory, appraisal and annotation of all 2. Holographic a will entirely written, dated and signed
reservable property and the furnishing of a bond. by the hand of the testator. (Art. 810)
2. The reservatarioshave a right of expectancy over the
property. CHARACTERISTICS OF WILLS
3. The right is subject to a suspensive condition, i.e. the 1. Purely personal will-making is non-delegable
expectancy ripens into ownership if the Making of a will cannot be left in whole or in part of the
reservatariossurvive the reservistas. discretion of a third person, or accomplished through
the instrumentality of an agent or attorney. (Art. 784)
Obligations of Reservatarios Testator may not make a testamentary disposition in
such manner that another person has to determine
1. None of them can disturb the ownership of reservista. whether or not it is to be operative. (Art. 787)
2. They cannot demand delivery of reservable property
during the lifetime of reservista. Q: What cannot be delegated to the discretion of a third person?
3. Obligation to reimburse the reservista if necessary A: The following cannot be delegated to a third person because
expenses as well as useful expenses in case they they comprise the disposing power of the testator:
choose to appropriate certain improvements. 1. Duration or efficacy of designation of heirs, legatees, or
devisees.
Reserva Minima and Reserva Maxima, distinguished. 2. Determination of the portions which the heirs are to
receive when referred to by name.
RESERVA MINIMA RESERVA MAXIMA 3. Determination as to whether or not a disposition is to be
All of the properties which the All of the properties which the operative. (Art. 785)
descendant had previously descendant had previously
acquired by gratuitous title acquired by gratuitous title from Q: What, on other hand, may be entrusted to third persons?
from another ascendant or another ascendant or from a
A:
from a brother or sister must brother or sister must be included
be considered as passing to in the ascendants legitime insofar
1. Distribution of specific property or sums of money that the
the ascendantreservista as such legitime can contain. testator may leave in general to specified classes or causes
partly by operation of law and 2. Designation of the persons, institutions or establishments to
partly by force of the which such property or sums are to be given or applied.
descendants will. (Art. 786)
Applies in testate succession. Always followed in intestate
succession Reason: Here, there is really no delegation because the
testator has already set the parameters required by law, namely:
a. The specification of property or sums of money
b. The specification of classes or causes.

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
In effect, the third person will only be carrying out the
will of the testator as determined by these parameters.
2. Free act It means without fraud, violence, deceit,
duress, or intimidation. It is voluntary. No vitiated
consent.
*However, if the act of the testator is vitiated, the will is
not voidable but entirely void.
3. Solemn and formal If the form is defective, the will is
void.
4. Revocable and ambulatory Will can be revoked at any
time before the testators death. (Art. 828)
5. Mortis causa Takes effect upon the testators death.
6. Individual prohibition against joint wills. (Art. 818)
Q: What are joint wills?
A: Joint wills are those which contain in one instrument the will
of two or more persons jointly signed by them, i.e WE A and B
give to C
Note:Joint wills executed by Filipino citizens are absolutely prohibited
regardless of the place of execution, thus two or more persons cannot
make a will jointly, or in the same instrument, either for their reciprocal
benefit or for the benefit of a third person. (Art. 818)
Reciprocal or mutual wills defined: they are those
that provide that the survivor of the testator will succeed to all or
some of the properties of the decedent.
However, reciprocal or mutual wills by themselves are
valid, but if made in one instrument, theu are void, not because
they are reciprocal, but because they are joint.
Reasons why joint wills are void:
1. To allow as much as possible secrecy, a will being a
purely personal act.
2. To prevent undue influence by the more aggressive
testator on the other.
3. In case of death of the testators at different times,
probate would be harder.
4. It militates against the right of the testator to revoke his
will at any time. Example: One testator would be
prevented from revoking by overt act, like tearing,
burning, for the other may not agree.
Wills that are not joint wills:
1. Those made on a single sheet of paper, the first on the
front, and the second on the reverse side.
2. Those made even on the same page with or without a
dividing line between them, but neither combining the
signature of both together.
7. Executed with animus testandi Intent to dispose of the
property gratuitously.
The Republic contended that the phrase "I herebyleave you
(motherland), parents, loved ones... "is a testamentary
disposition in favor of theRepublic as an heir. The Court ruled
that it was not. The phrase is a mere piece of poetry, there
beingno animus testandi. The lack of such intent might be seen
from the face of the document itself. (Montinola v. CA)
8. Executed with testamentary capacity
9. Unilateral act Does not involve an exchange of values
or depend on simultaneous offer and acceptance.
Consent and acceptance by heirs during execution of
will are not necessary.
10. Statutory grant Granted only by civil law. The law can
also take it away. It is not a constitutional right but
merely statutory.As it is a statutory grant, a will must be
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
made in accordance with the formalities prescribed. by
the law (Art. 783) [Balane (2004)] 136
11. Dispositive Disposes of property.
General rule: Wills contain disposition of the testators
estate mortis causa.
Exceptions: (non-dispositive wills)
Will recognizing an illegitimate child.
Will disinheriting a compulsory heir.
RULES OF CONSTRUCTION AND INTERPRETATION [Arts.
788-795)
Q: How should the provisions of a will be construed?
A: As a general rule, the language of a will should be liberally
construed and as much as possible, the intention of the testator
should be given effect.
In case of doubt, that interpretation by which the
disposition is to be operative shall be preferred.
Reason: Testacy is preferred over intestacy. (Art. 791)
Specific Rules
1. Different interpretations, in case of doubt, that which
would make the will operative. (Art. 788)
2. Words to be taken in their ordinary and grammatical
sense unless there is a clear intention to use them in
another sense. (Art. 790)
3. Technical words are to be taken in their technical sense
unless there is a contrary intention or when testator was
unacquainted with such technical sense. (Art. 790)
4. Words must be of an interpretation to give effect to
every expression. To make it operative rather than
inoperative; that which will prevent intestacy. (Art. 791)
5. Invalidity of one of several dispositions does not result
in invalidity of others unless the testator would not have
made such dispositions if the first invalid disposition had
not been made. (Art. 792)
6. Every devise and legacy shall convey all the interest
unless it clearly appears the intention was to convey a
less interest. (Art. 794)
7. Where there are ambiguities (i.e. imperfect description
or no person or property exactly answers to the
description, mistakes, omissions), intrinsic or extrinsic
evidence may be used to ascertain the intention of the
testator.
Oral declarations of the testator as to his intention must
be excluded. (Art. 789)
Reason: Because the testator can no longer refute whatever is
attributed to him.
Q: What are the kinds of ambiguities in a will?
A:
1. Latent ambiguities Ambiguities which are not apparent
on the face of a will but to circumstances outside the
will at the time the will was made.
E.g.
a. If it contains an imperfect description of person or
property;
b. A description of which no person or property exactly
answers
2. Patent ambiguities Those which are apparent on the
face of the will.
E.g .Uncertainty which arises upon the face of the will as to
the application of any of its provisions.(Art. 789)
 CIVIL LAW I REVIEWER
Determination of the Governing Law does not invalidate an effective will, nor is the will by an
incapable person validated by the supervening of capacity. 137
Basis of Extrinsic Validity Intrinsic Validity
determination Q: What are the requisites of testamentary capacity?
Governing Law Law at the time of Law at the time of 1. At least 18 years of age; and
execution. the death of the 2. Of sound mind
testator and
qualification of heirs.
Resident Filipino Philippine law at the National law of the It is not necessary that the testator be in full possession of all his
Citizens who time of execution. testator/decedent reasoning faculties, or that his mind be wholly unbroken,
executed their lexnationalis (Art. 16 unimpaired, or unshattered by disease, injury or other cause.
wills in the (2), CC), in which
Philippines case, Philippine law It shall be sufficient if the testator was able at the time of making
shall be applied. the will to know the:
Filipino Citizens Philippine law if Philippine law, 1. nature of the estate to be disposed of;
who executed executed in Philippine regardless of the 2. proper objects of his bounty; and
their wills embassy abroad or if place of execution
3. character of the testamentary act.
abroad not, follow the (lexnationalis).
principle of lex loci
celebrationis (Law of Testamentary Capacity Testamentary Power
the place of Refers to the ability as well Refers to the privilege granted
execution). as the power to make a to the testator to designate the
Aliens who Law of domicile or National law of the will person or persons who are to
executed their national law or testator/decedent succeed him in his inheritance
wills in the Philippine law or lex [Art. 15 in rel. to Art
Philippines loci celebrationis. 16 (2)] or law of
domicile. Q: Is a person suffering from civil interdiction qualified to make a
Aliens who National law or lex National law of the will?
executed their loci celebrationis[Art. testator/decedent A: Yes. He is deprived only of the power to dispose of his
wills abroad 17 (1)] [Art. 15 in rel. to Art
properties through acts inter vivos but not through acts mortis
16 (2)] or law of
domicile.
causa. (Art. 34, Revised Penal Code; Rabuya, Civil Law Reviewer,
p. 527)
The Supreme Court deciding to grant more successional rights to Helen
said in effect that there are two rules in California on the matter; the Q: When is soundness of the mind required?
internal law which applies to Californians domiciled in California and the A: It is essential only at the time of the making (or execution) of
conflict rule for Californians domiciled outside of California. Christensen the will. (AlsuaBetts v. CA, 92 SCRA 332; Rabuya, Civil Law
being domiciled in the Philippines, the law of his domicile must be Reviewer, p. 527)
followed. The case was remanded to the lower court for further
proceedings the determination of the successional rights under
Q: What is the status of the will if the testator is not of sound
Philippine law only. (Aznar v. Garcia, 7 S 95) mind at the time of its execution?
A: The will is invalid regardless of his state of mind before or
Court ruled that provision in a foreigners will to the effect that his after such execution. In other words, the will of an incapable is
properties shall be distributed in accordance with Philippine law and not not validated by the supervening of capacity.
with his national law, is illegal and void, for his national law cannot be
Conversely, if the testator was of sound mind at the
ignored in view of those matters that Article 10 now Article 16 of
the Civil Code states said national law should govern. Where the testator time of the making of the will, the will is valid even if the testator
was a citizen of Texas and domiciled in Texas, the intrinsic validity of his should later on become insane and die in that condition. In other
will should be governed by his national law. Since Texas law does not words, supervening incapacity does not invalidate an effective
require legitimes, then his will, which deprived his illegitimate children of will.
the legitimes, is valid. The Supreme Court held that the illegitimate
children are not entitled to the legitimes under the texas law, which is the Q: If there is no proof as to the soundness of the mind of the
national law of the deceased.(Bellis v. Bellis, 20 S 358) testator at the time he executed his will, what is the status of his
The respective wills of the Cunanan spouses, who were American
will assuming that he complies with all other requisites for its
citizens, will only be effective in this country upon compliance with the validity?
following provision of the Civil Code of the Philippines: Art. 816. The will A: The will is valid. This is so because generally, in absence of
of an alien who is abroad produces effect in the Philippines if made with proof to the contrary, the law presumes that every person is of
the formalities prescribed by the law of the place in which he resides, or sound mind.
according to the formalities observed in his country, or in conformity with
those which this Code prescribes. Thus, proof that both wills conform Such presumption of soundness of mind, however, does not arise
with the formalities prescribed by New York laws or by Philippine laws is if the testator was:
imperative.(Vda. De Perez v. Tolete, 1994)
1. Publicly known to be insane, one month, or less,
before making his will;
TESTAMENTARY CAPACITY
2. Under guardianship at the time of the making of the
will.
Q: Who can make a will?
A: All persons who are not expressly prohibited by law may make
Mere weakness of mind or partial imbecility from disease of body
a will. (Art. 796)
or from age does not necessarily render a person incapable of
The law presumes capacity to make a will; hence, in order that a
making a will.
person may be disqualified to make one, he must be expressly
prohibited by law.
The ability as well as the power to make a will must be present
at the time of the execution of the will. Supervening incapacity

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
Q: Who has the burden of proving that the testator acted in lucid
interval?
A: The person who maintains the validity of the will based on the
said ground. (Rabuya, Civil Law Reviewer, p. 530)
FORMAL VALIDITY RULES
Q: What law governs the forms and solemnities of wills?
A: It is the law of the country where the will was executed that
governs the form and solemnities of wills. (Art. 17, 1st
paragraph; Art. 815)
Q: What are the effects of a will executed by an alien abroad?
A: The will of an alien who is abroad produces effect in the
Philippines if made with the formalities prescribed by the law of
the place in which he resides, or according to the formalities
observed in his country, or in conformity with those which the
Civil Code prescribes.
Q: What are the effects of a will executed by an alien in the
Philippines?
A: It shall produce the same effect as if it was executed in the
Philippines if it is executed in
accordance with the law of the country where he is a citizen or
subject, and which might be proved and allowed by the law of
his own country.
Q: In case of a holographic will, what is the requirement for its
validity? 138
A: It must be entirely handwritten by the testator himself.
Q: What are the rules in relation to notarial or attested wills?
A: Notarial or attested will may be:
1. entirely handwritten by a person other than the
testator;
2. partly handwritten by the testator himself and partly
handwritten by another person;
3. entirely printed, engraved or lithographed; or
4. partly handwritten (whether by testatoror another
person) and partly printed, engraved or lithographed.
(Rabuya, Civil Law Reviewer, p. 531)
LANGUAGE/DIALECT REQUIREMENT
The circumstance appearing on the will itself, that it was executed in
Cebu City and in the dialect of the place where the testarix is a resident
is enough to presume that she knew this dialect in the absence of any
proof to the contrary. On the authority of this case and that of Gonzales
v Laurel, it seems that for the presumption to apply, the following must
appear: 1) that the will must be in a language or dialect generally spoken
in the place of execution, and, 2) that the testator must be a native or
resident of the said locality. (Abangan v. Abangan, 40 P 476)
NOTARIAL WILLS

ATTESTATION AND SUBSCRIPTION, distinguised Q: Is the rule every will must be executed in a language known
to the testator mandatory?
Attestation Subscription A: Yes, otherwise, the will is void. (Suroza v. Honrado, 110 SCRA
An act of the senses An act of the hand 388)
Mental act Mechanical act
Purpose is to render available Purpose is identification Q: Is the fact that the will was executed in a language known to
proof during probate of the
the testator required to be stated in the attestation clause?
will, not only of the
authenticity of the will, but A: No. This fact can be established by extrinsic evidence or
also of its due execution evidence aliunde. (Lopez v. Liboro, 81 Phil. 429)
Attestation clause may be Subscription must always
placed at the beginning of be at the logical end of the Note: It will be presumed that the will was executed in a language or
the will. Placing it at the end will dialect known to the testator if the will was executed in a certain locality
is only for convenience and that the testator was a resident of that locality. (Rabuya, Civil Law
Reviewer, p. 532) Also, if the testator resides in a certain locality, it can
be presumed that he knows the dialect or the language in the said
LAW GOVERNING SUBSTANTIVE VALIDITY
locality. (Abangan v. Abangan, G.R. No. 13431, Nov. 12, 1919) The fact
that the testator knew the language need not appear on the face of the
Q: What are the matters mentioned in Article 15 of the New Civil will. This fact may be proven by extrinsic evidence.
Code which are governed by Philippine laws?
1. family rights and duties Q: What are the formalities in the execution of a notarial will?
2. status; A:
3. condition; and 1. In Writing;
4. legal capacity of persons. 2. Executed in a language or dialect known to the
testator;
Q: What are the matters pertaining to intestate and 3. Subscribed by the testator himself or by the testators
testamentary successions which are regulated by the national name written by some other person in his presence and
law of the deceased? under his express direction at the end thereof, at the
A: 1. Order of succession presence of witnesses;
2. amount of successional rights 4. Attested to and subscribed by at least 3 credible
3. intrinsic validity of testamentary provisions witnesses in the presence of the testator and of one
4. capacity to succeed. another;
5. Each and every Page must be signed by the testator
Q: Is the rule that every will must be in writing mandatory? or by the person requested by him to write his name,
A: Yes. If the will is not in writing, it is void and cannot be and by instrumental witnesses in the presence of each
probated. (Rabuya, Civil Law Reviewer, p. 531) other, on the left margin;
6. Each and every page of the will must be Numbered
Note: Philippine laws do not recognize the validity of nuncupative wills,
correlatively in letters placed on the upper part of each
which are oral wills declared or dictated by the testator and dependent
merely on oral testimony.
page;
7. Must contain an Attestation clause, stating the
following:
a. The number of pages of the will,

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
b. Fact that the testator signed the will and every page
in the presence of witnesses, or caused some other
person to write his name under his express direction,
c. All witnesses signed the will and every page thereof
in the presence of the testator and of one another;
8. Must be acknowledged before a Notary public.
Q: What is the rule in cases of omissions in the will?
A: Omissions which can be supplied by an examination of the will
itself, without the need of resorting to extrinsic evidence, will not
be fatal and, correspondingly, would not obstruct the allowance
to probate of the will being assailed.
However, evidence aliunde are not allowed to fill a void
in any part of the document or supply missing details that should
appear in the will itself. They only permit a probe into the will, an
exploration into its confines, to ascertain its meaning or to
determine the existence or absence of the requisite formalities of
law. (Caneda v. CA, G.R. No. 103554, May 28, 1993)
Q: What are the special requirements if the testator is deaf or
mute?
A:
1. If the testator is able to read, he must personally read
the will; or
2. If the testator is unable to read, he must designate two
persons to read it and communicate to him, in some
practicable manner, the contents thereof. (Art. 807; see
Rabuya, Civil Law Reviewer, p. 559)
The law does not require that the persons reading and
communicating the contents of the will be the instrumental
witnesses.
Q: What are the special requirements if the testator is blind?
A: The will shall be read to him twice, once by one of the
subscribing witnesses, and another time by the notary public
before whom the will is acknowledged.
Art. 808 applies not only to blind testators but also to
those who, for one reason or another, are incapable of reading
their wills, either because of poor or defective eye sight or
because of illiteracy.
Q: When is a will not rendered invalid by reason of defects or
imperfections in the form of attestation or in the language used
therein?
A: If the will is executed in substantial compliance with all the
requirements of Article 805, in the absence of bad faith, forgery,
fraud, undue and improper pressure or influence.
WITNESSES
Q: What are the qualifications of witnesses?
A: Witnesses to a will must be:
1. Of Sound mind.
2. At least 18 years of age.
3. Able to read and write
4. Not Blind, deaf or dumb
5. Not have been convicted by final judgment of
falsification of a document, perjury or false testimony.
6. Domiciled in the Philippines
Q: Will the beneficial interest of a witness in a will disqualify him
as such?
A: Beneficial interest in a notarial will does not disqualify one as
a subscribing witness, but it may, or may not nullify the devise or
legacy given to the said witness.
A witness who attests the execution of a will, and to
whom, or to whose spouse, parent or child, or anyone claiming
the right of said witness, spouse, parent or child, a devise or
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
legacy given, shall be void, unless there are 3 other competent
witnesses to such will. (Art. 823 NCC) 139
If the witness is instituted as heir, not as devisee or
legatee, the rule would still apply, because undue influence or
pressure on the part of the attesting witness would still be
present.
Creditors of the testator are not disqualified to be a witness to
the will.
Q: A testator was born blind. He went to school for the blind,
and learned to read in Braille language. He speaks English
fluently. Can he:
1. Make a will?
A: He can make a notarial will. A blind man is not expressly
prohibited from executing a will. In fact, Art. 808 of NCC provides
for additional formality when the testator is blind. He however,
may not make a holographic will in Braille because the writing in
Braille is not a handwriting. A holographic will to be valid must be
entirely written, signed and dated by the testator in his own
handwriting.
2. Act as a witness to a will?
A: A blind man is disqualified by law to be a witness to a notarial
will.
3. In either of the instances, must the will be read to him?
A: In case he executes a notarial will, it has to be read to him
twice. First by one of the instrumental witnesses, and second by
the notary public before whom the will was acknowledged.
HOLOGRAPHIC WILLS
Q: What is a holographic will?
A: A holographic will is one entirely written, dated, and signed by
the hand of the testator himself. It is subject to no other form,
and may be made in or out of the Philippines, and need not be
witnessed. (Art. 810)
Q: What are the formalities required in the execution of
holographic will?
A:
1. Signed by testator himself;
2. Executed in a language or dialect known to him;
3. Entirely written; and
4. Dated
Note: In case of any insertion, cancellation, erasure or alteration in a
holographic will, the testator must authenticate the same by his full
signature.
Q: What are the effects of insertions or interpolations made by a
3rd person?
A:
General Rule: When a number of erasures,
corrections, cancellation, or insertions are made by the testator
in the will but the same have not been noted or authenticated
with his full signature, only the particular words erased,
corrected, altered will be invalidated, not the entirety of the will.
Exception:
1. Where the change affects the essence of the will of
the testator;
Note: When the holographic will had only one substantial provision,
which was altered by substituting the original heir with another, and the
same did not carry the requisite full signature of the testator, the entirety
of the will is voided or revoked.
Reason: What was cancelled here was the very essence of the will; it
amounted to the revocation of the will. Therefore, neither the altered text
 CIVIL LAW I REVIEWER
nor the original unaltered text can be given effect. (Kalaw v. Relova, G.R.
No. L 40207, Sept. 28, 1984)
2. Where the alteration affects the date of the will or
the signature of the testator.
3. If the words written by a 3rd person
were contemporaneous with the execution of the will,
even though authenticated by the testator, the entire
will is void for violation of the requisite that the
holographic will must be entirely in the testators
handwriting.
As to Gregorios claim, the absence of proper authentication is fatal to his
cause. As to Rosas claim, to state that the will as first written should be
given efficacy is to disregard the seeming change of mind of the testatrix.
But that change of mind can neither be given effect because she failed to
authenticate it in the manner required by law by affixing her full
signature. (Kalaw v. Hon. Relova, etc., et al., G.R. No. L40207, Sept. 28,
1984)
DATE
Q: Why is the date in a holographic will important?
A: To establish if there was testamentary capacity at the time
the will was executed. Also, should there be conflicting wills, it
can establish which will was executed later.
Q: Is it required that the date of the will should include the day,
month and year of its execution?
A:
General Rule: The "date" in a holographic will should
include the day, month, and year of its execution.
Exception: When there is no appearance of fraud, bad
faith, undue influence and pressure and the authenticity of the
will is established and the only issue is whether or not the date
appearing on the holographic will is a valid compliance with Art.
810, NCC, probate of the holographic will should be allowed
under the principle of substantial compliance.
Note: In this case, the date was written as "FEB./61 " (Roxas v. De
Jesus G.R. No. L38338 January 28, 1985). The exact date though
indicated only by implication, must be with certainty.
WITNESSES REQUIRED FOR PROBATE
Q: What are the rules governing the probate of holographic
wills?
A: In the post mortem probate of holographic wills, the following
rules are to be observed as to the number of witnesses to be
presented:
1. If the will is not contested, it shall be necessary
that at least one witness who knows the
handwriting and signature of the testator explicitly
declares that the will and the signature are in the
handwriting of the testator.
2. If the will is contested, at least three of such
witnesses shall be required.
3. In the absence of any competent witness and if the
court deems it necessary, expert testimony may be
resorted to. (Art. 811; Rabuya, Civil Law Reviewer,
p. 563)
Note: In an earlier case, it was held that even if the genuineness of the
holographic will is contested, Article 811 of the NCC cannot be
interpreted as to require the compulsory presentation of three witnesses
to identify the handwriting of the testator, under penalty of having the
probate denied. (Codoy v. Calugay, 312 SCRA 333)
In a later case, however, the Court ruled that the requirement
of at least three witnesses in case the will is contested is mandatory. The
Court explained that the possibility of a false document being adjudged
as the will of the testator cannot be eliminated, which is why if the
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
holographic will is contested, the law requires three witnesses to declare
that the will was in the handwriting of the deceased.
The execution and contents of a lost or destroyed holographic 140
will may not be proved by the bare testimony of witnesses who have
seen or read such will. The will itself must be presented; otherwise, it
shall produce no effect. (Gan v. Yap, 104 Phil. 509; id.)
But a photostatic copy or Xerox copy of the holographic will
may be allowed because comparison can be made with the standard
writings of the testator. (Rodelas v. Aranza, 119 SCRA 16)
ALTERATIONS
Q: What are the rules in case of insertion, cancellation, erasure
or alteration?
A: In case of insertion, cancellation, erasure or alteration in a
holographic will, the testator must authenticate the same by his
full signature. Full signature refers to the testators habitual,
usual and customary signature.
Note: Where the testator himself crossed out the name of the heir
named, and substituted the name of another, without authentication, it
was held that this did not result in making the person whose name was
crossed as heir. (Kalaw v. Relova, 132 SCRA 237; id.)
JOINT WILLS
Q: Are joint wills allowed in the Philippines?
A: Two or more persons cannot make a will jointly, or in the
same instrument, either for their reciprocal benefit or for the
benefit of a third person.
Wills, prohibited by Article 818, executed by Filipinos in
a foreign country shall not be valid in the Philippines, even
though authorized by the laws of the country where they may
have been executed.
CODICILS
Q: What is a codicil?
A: A codicil is a supplement or addition to a will, made after the
execution of a will and annexed to be taken as part thereof, by
which any disposition made in the original will is explained,
added to, or altered. A codicil is executed after the execution of
a prior will. It must be executed in accordance with all the
formalities required in executing a will.
INCORPORATION BY REFERENCE
Q: What is incorporation by reference?
A: Incorporation by reference is the incorporation of an extrinsic
document or paper into a will by reference so as to become a
part thereof.
The documents or papers incorporated will be
considered part of the will even though the same are not
executed in the form of a will.
The doctrine of incorporation by reference is not applicable in a
holographic will unless the documents or papers incorporated by
reference are also in the handwriting of the testator.
Q: What are the requisites of incorporation by reference?
A:
1. Document referred to in the will must be in existence
at the time of the execution of the will;
2. The will must clearly Describe and identify the same;
3. It must be identified by clear and satisfactory proof
as the document or paper referred to therein;
4. It must be Signed by the testator and the witnesses
on each and every page, except in case of voluminous
books of account or inventories.
 CIVIL LAW I REVIEWER
REVOCATION
Q: What is revocation?
A: An act of the mind terminating the potential capacity of the
will to operate at the death of the testator, manifested by some
outward and visible act or sign, symbolic thereof.
Q: When may the testator revoke a will?
A: A will may be revoked by the testator at any time before his
death. Any waiver or restriction of this right is void.
Q: May the right of the testator to revoke the will be waived or
restricted?
A: No, the testators right to revoke during his lifetime is
absolute. It can neither be waived nor restricted. This is because
a will is ambulatory.
Q: What law governs in case of revocation?
1. If the revocation takes place in the Philippines,
whether the testator is domiciled in the Philippines or in
some other country Philippine laws
2. If the revocation takes place outside the Philippines:
a. by a testator who is domiciled in the Philippines
Philippine laws
b. by a testator who is not domiciled in this country
i. Laws of the place where the will was made, or
ii. Laws of the place in which the testator had his
domicile at the time of revocation. (Art. 829)
Q: What are the modes of revoking a will?
A:
1. By implication of law;
2. By the execution of a subsequent document;
3. By physical destruction through burning, cancelation
or obliteration.
REVOCATION BY IMPLICATION OF LAW
Q: Discuss revocation by implication of law.
A: Revocation is produced by implication of law when certain
acts or events take place after a will has been made, rendering
void or useless either the whole will or certain testamentary
dispositions therein. The law presumes a change of mind on the
part of the testator due to certain changed circumstance
pertaining to the family relations or in the status of the property.
Q: How are wills revoked by operation of law?
A:
1. When after the testator has made a will, he sells or
donates the legacy or devise;
2. Provisions in a will in favor of a spouse who has given
cause for legal separation; The revocation shall take
place the moment the decree of legal separation is
granted.
3. When an heir, legatee or devisee commits an act of
unworthiness;
4. When a credit that has been given as a legacy is
judicially demanded by the testator;
5. When one, some or all the compulsory heirs have
been preterited or omitted
REVOCATION BY EXECUTION OF A SUBSEQUENT
INSTRUMENT
Q: What are the requisites of revocation by subsequent will or
codicil?
1. The subsequent instrument must comply with the
formal requirements of a will
2. The testator must possess testamentary capacity
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
3. The subsequent instrument must either contain a
revocatory clause or be incompatible with the prior will 141
(totally or partially)
4. The revoking will must be admitted to probate.
Q: What is the Principle of Instanter?
A: The express revocation of the 1st will renders it void because
of the revocatory clause of the second will, not being
testamentary in character operates to revoke the previous will
instantly upon execution of the will containing it.
Q: Can there be an instance where a subsequent will, which is
incompatible with the prior will, and such prior will subsist at the
same time?
A: Yes. The fact that the subsequent will is posterior and
incompatible with the first does not mean that the first is entirely
revoked because the revocation may be total or partial.
The execution of a subsequent will does not ipso facto
revoke a prior will.
In case of inconsistent wills, the subsequent will prevails over the
prior will because it is the latest expression of testamentary
intent of the testator.
The subsequent will which do not revoke the previous will in an
express manner, only annuls the dispositions in the previous will
which are inconsistent with or contrary to those contained in the
subsequent will.
REVOCATION BY PHYSICAL DESTRUCTION
Q: What are the requisites of revocation by physical act of
destruction?
A:
1. Overt act of physical destruction;
2. Testamentary capacity of the testator at the time of
performing the act of revocation;
3. Animus Revocandi intention to revoke;
4. Performed by testator himself or other person in the
presence and express direction of the testator.
Note: The physical destruction may be done by the testator personally
or by another person acting in his presence and by his express direction.
It is not necessary that the will be totally destroyed. It is sufficient if on
the face of the will, there is shown some sign of the physical act of
destruction. The physical act of destruction of a will, like burning, does
not per se constitute an effective revocation, unless the destruction is
coupled with animus revocandi on the part of the testator. (Maloto v.
CA, G.R. No. 76464, Feb. 29, 1988)
Q: What is the effect if the person directed by the testator to
revoke his will is incapacitated to make a will such as when he is
below 18 years of age?
A: None. In revocation of wills, what is essential is the capacity
of the testator to revoke. The capacity of the person directed by
the testator to revoke his will is immaterial.
Q: What is the Doctrine of Dependent Relative Revocation?
A: Where the testators act of destruction is connected with the
making of another will, so as fairly to raise the inference that the
testator meant the revocation of the old to depend upon the
efficacy of the new disposition intended to be substituted, the
revocation will be conditional and dependent upon the efficacy of
the new disposition; and if, for any reason, the new will intended
to be made as a substitute is inoperative, the revocation fails and
the original will remains in full force. (Molo v. Molo, G.R. No.
L2538, Sept. 21, 1951)
Simply put, for this doctrine to operate, the testator
must have intended that the revocation of his first will be
dependent on the validity of his second will. In this case the
intention of the testator is clear: He does not want to die
intestate.
 CIVIL LAW I REVIEWER
Note: Failure of the new testamentary disposition upon whose validity
the revocation depends is equivalent to the nonfulfillment of a
suspensive condition and thus prevents the revocation of the original will.
Revocation of a will based on a false cause or an illegal cause is null and
void.
Q: What is the rule in case of revocation based on false or illegal
cause?
A: Revocation based on a false or illegal cause is null and void.
Requisites:
1. The cause must be concrete, factual and not purely
subjective
2. It must be false
3. The testator must not know of its falsity
4. It must appear from the will that the
testator is revoking because of the cause which is false.
Q: The will contains a statement whereby the testator recognizes
his illegitimate child. This will was revoked. May the revoked will
be used as basis for proving the said recognition?
A: Yes. Recognition in a will of an illegitimate child does not lose
its legal effect even if the will is revoked.
ALLOWANCE AND DISALLOWANCE OF WILLS
PROBATE
Q: What is probate?
A: It is a special proceeding mandatorily required for the purpose
of establishing the validity of a will. No will shall pass either real
or personal property unless it is proved and allowed in
accordance with the Rules of Court.
Probate does not deal with the intrinsic validity of the
testamentary provisions.
Even if only one heir has been instituted, there must still be a
judicial order of adjudication.
Even if a will has already been probated, if later on a subsequent
will is discovered, the latter may still be presented for probate, as
long as two wills can be reconciled.
Q: Does prescription apply to probate of wills?
A: The statute of limitations is not applicable to probate of wills
(Imprescriptibility of Probate) Probate proceedings are not
established in the interest of the surviving heirs, but primarily for
the protection of the expressed wishes of the testator.
Q: What are the characteristics of a probate proceeding?
1. Special proceeding;
2. Proceeding in rem;
3. Not contentious litigation;
4. Mandatory;
5. Imprescriptible;
Q: What are the different kinds of probate?
A:
1. Antemortem testator himself petitions the court for
the probate of his own will.
2. Postmortem another person applies for probate of
the will after the testators death.
Q: What are the questions that can be determined by a probate
court?
A: General Rule: Probate courts cannot inquire into the
intrinsic validity of will
The only questions that can be determined by a probate
court are the:
1. Due execution
2. Testamentary capacity
3. Identity of the will
Exception: Practical considerations
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
Q: The testator devised a part of his estate to his concubine,
which fact of concubinage was stated in his will. On probate, the
court ruled that the will was validly executed but the devise in
142
favor of the concubine is null and void. Can the probate court
pass upon the intrinsic validity of the testamentary provision
stated in the will?
A: Yes. While as a general rule, in probate proceedings, the
courts area of inquiry is limited to an examination and resolution
of the extrinsic validity of the will, given exceptional
circumstances, the probate court is not powerless to do what the
situation constrains it to do and pass upon certain provisions of
the will, as in this case. (Nepomuceno v. CA, G.R. No. 62952,
Oct. 9, 1985)
The SC held as basis its finding that in the event of
probate of the will, or if the court rejects the will, probability
exists that the case will come up once again on the same issue of
the intrinsic validity or nullity of the will, the same will result in
waste of time, effort, expense plus added anxiety.
Q: Can a probate court decide on questions of ownership?
A:
General Rule: A probate court has no jurisdiction to
decide questions of ownership.
Exception:
1. When the parties voluntary submit the issue of
ownership to the court;
2. When provisionally, the ownership is passed upon to
determine whether or not the property involved is part
of the estate.
3. The question of ownership is an extraneous matter
which the probate court cannot resolve with finality.
Note: SC held that the case of Leano v . Leano (25 Phil., 180), which
sanctioned the extrajudicial partition by the heirs of the properties left by
a decedent, but not the nonpresentation of a will for probate, cannot be
relied upon as an authority for the unprecedented and unheard of
procedure adopted by Rosario in this case, in the face of express
mandatory provisions of the law requiring her to present the will to the
court for probate. It does not affirmatively appear in the decision in that
case that the partition made by the heirs was not in accordance with the
will or that they in any way disregarded the will. No question of law was
raised and decided in that case. (Guevara v. Guevara G.R. No. 48840,
Dec. 29, 1943)
Q: When a person dies testate, may his heirs opt for an
extrajudicial partition instead of having the will probated?
A: No. In the subsequent case of Riosa v. Rocha (1926), 48 Phil.
737, the Court held that an extrajudicial partition is not proper in
testate succession.
EFFECT OF FINAL DECREE OF PROBATE
Q: What is the scope of a final decree of probate?
A: A final decree of probate is conclusive as to the due execution
of the will, i.e., as to the extrinsic or formal validity only.
Q: What are the grounds for disallowance of a will?
A:
1. The Formalities required by law have not been
complied with;
2. The testator was Insane or mentally incapable of
making will;
3. The will was executed through Force or under duress,
or influence of fear or threats;
4. The will was procured by Undue and improper
pressure and influence, on part of the beneficiary or
some other person;
5. The Signature of testator was procured by fraud.
6. The testator acted by Mistake or did not intend that
the instrument he signed should be his will.
 CIVIL LAW I REVIEWER
Note: The list is exclusive. A will is either valid or void. There is no such
thing as a voidable will.
Q: When do the following acts constitute as grounds for
disallowance?
1. Violence
A: when in order to compel the testator to execute a will, serious
or irresistible force is employed.
2. Intimidation
A: when the testator is compelled by a reasonable and
wellgrounded fear of an imminent and grave evil upon his
person or property of his spouse, descendants, or ascendants, to
execute the will.
3. Undue Influence
A: when a person takes improper advantage of his power over
the will of another, depriving the latter of a reasonable freedom
of choice.
4. Mistake
A: Pertains to the mistake in execution which may either be:
1. mistake as to the identity or character
of the instrument which he signed, or
2. mistake as to the contents of the will
itself.
Q: What other defects of the will, if any, can cause denial of
probate?
A: There are no other defects of the will that can cause denial of
probate. Art. 805 of the Civil Code provides that the will must be
subscribed at the end thereof by the testator, and subscribed by
three or more credible witnesses in the presence of the testator
and of one another. The driver, the cook and the lawyer who
prepared the will are credible witnesses. The testator and the
instrumental witnesses of the will, shall also sign, each and every
page of the will proper, except the last, on the left margin, and
all the pages shall be numbered correlatively in letters placed of
the upper part of each page.
It has been held, however, that the testators signature
is not necessary in the attestation clause, and that if a will
consists of two sheets, the first of which contains the
testamentary dispositions, and is signed at the bottom by the
testator and the three witnesses, and the second sheet contains
the attestation clause, as in this case, signed by 3 witnesses,
marginal signatures and paging are not necessary. After all, the
object of the law is to avoid substitution of any of the sheets of
the will. (Abangan v. Abangan, 40 Phil. 476 [1919]; In Re: Will of
Tan Diuco, 45 Phil 807 [1924]).
INSTITUTION OF HEIRS
Q: How is institution of heir defined under Article 840?
A: Institution of heir is an act by virtue of which a testator
designates in his will the person or persons who are to succeed
him in his property and transmissible rights and obligations.
Institution cannot be allowed to affect the legitime.
There can be an instituted heir only in testamentary succession.
Q: What are the requisites of a valid institution?
A:
1. The will must be extrinsically valid;
2. The institution must be intrinsically valid;The legitime
must not be impaired, the person instituted must be
identified or identifiable, and there is no preterition.
3. The institution must be effective.
No repudiation by the heir; testator is not predeceased
by the heir.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
Q: What are the effects if a will does not contain an institution of
heir?
A: The will shall be valid even though it does not contain an
143
institution of heir, or such institution should not comprise the
entire estate, and even though the person so instituted should
not accept the inheritance or should be incapacitated to succeed.
)
Note: Institution of heirs is not indispensable and its absence will
not render the will void, provided there are other testamentary
dispositions, like devises and legacies or where the will merely
disinherits a compulsory heir.
Q: What are the three principles in the institution of heirs?
A:
1. Equality heirs who are instituted without a designation
of shares inherit in equal parts.
Applies only when the heirs are of the same class or
same juridical condition and involves only the free
portion.
As between a compulsory heir and a voluntary heir and
they are instituted without any designation of shares,
the legitime must first be respected and the free portion
shall then be equally divided between them.
2. Individuality heirs collectively instituted are deemed
individually instituted unless contrary intent is proven.
3. Simultaneity when several heirs are instituted, they are
instituted simultaneously and not successively, unless
the contrary is proved.
Q: May a conceived child be instituted as an heir?
A: A conceived child may be instituted, provided the conditions in
Arts. 40 and 41 are present (Conceptus pro natohabetur).
Q: What is the effect if the institution of heir is based on a false
cause?
A:
General Rule: The institution of heir is valid. The false
cause shall be considered simply as not written.
Exception: If from the will itself, it appears that the
testator would not have made the institution if he has
known the falsity of the cause, the institution shall be
void. In case of illegal cause, the cause shall be
considered as not written, unless the illegal cause is the
principal reason or motive for the disposition, in which
case the institution shall be void.
Q: The testatrix devised a parcel of land to Dr.Rabadilla. It was
provided that Dr.Rabadilla will acquire the property subject to the
obligation, until he dies, to give Maria 100 piculs of sugar, and in
the event of nonfulfillment, the property will pass to the nearest
descendants of the testatrix. When Dr.Rabadilla died, Maria filed
a complaint to reconvey the land alleging that the heirs of
Dr.Rabadilla violated the condition. Is the institution of
Dr.Rabadilla, a modal institution?
A: Yes, because it imposes a charge upon the instituted heir
without, however, affecting the efficacy of such institution.
In a modal institution, the testator states the object of
the institution, the purpose or application of the property left by
the testator, or the charge imposed by the testator upon the
heir. A mode imposes an obligation upon the heir or legatee but
it does not affect the efficacy of his rights to the succession. The
condition suspends but does not obligate; and the mode
obligates but does not suspend. (Rabadilla v. CA, G.R. No.
113725, June 29, 2000)
 CIVIL LAW I REVIEWER
PRETERITION
Q: What is preterition?
A:Preterition is the omission in testators will of one, some or all
of the compulsory heirs in the direct line, whether living at the
time of execution of the will or born after the death of the
testator.
Q: What does born after the death of the testator mean?
A: It simply means that the omitted heir must already be
conceived at the time of death of the testator but was born only
after the death of the testator.
3. If the omitted compulsory heir dies before testator,
institution shall be effectual, without prejudice to right 144
of representation
Q: Who are the compulsory heirs in the direct line?
A:
Legitimate children and descendants with respect to
their legitimate parents or ascendants;
Legitimate parents or ascendants, with respect to their
legitimate children and descendants;
Illegitimate children
The father or mother of illegitimate children

Q: What are the requisites of preterition? Q: What is the effect of preterition on the will itself?
A: A:
1. There is a total omission in the inheritance; General Rule: The effect of annulling the institution of
2. The person omitted is a compulsory heir in the direct line; heirs will be, necessarily, the opening of a total intestacy except
3. The omitted compulsory heir must survive the testator, or in that proper legacies and devises must be respected. Here, the
case the compulsory heir predeceased the testator, there is a will is not abrogated.
right of representation; Exception: If the will contains a universal institution of
4. Nothing must have been received by the heir by gratuitous heirs to the entire inheritance of the testator, the will is totally
title. abrogated.
Reason: The nullification of such institution of the universal heirs
Preterition Disinheritance without any other testamentary disposition in the will amounts to
Deprivation of a compulsory Deprivation of a a declaration that nothing at all was written.
heir of his legitime is tacit compulsory heir of his
legitime is express Q: What are the rights of the preterited heirs?
May be voluntary but the law Always voluntary A: They are entitled not only to their shares of the legitime but
presumes that it is involuntary
also to those of the free portion which was not expressly
Law presumes that there has Done with legal cause
been merely an oversight or
disposed of by the testator by way of devises and legacies.
mistake on the part of the
testator Q: What is the effect if the heir predeceases the testator?
Omitted heir gets not only his If disinheritance is not A: If the heir who predeceases the testator is a voluntary heir, a
legitime but also his share in lawful, compulsory heir devisee or a legatee, he shall transmit no right to his own heirs.
the free potion not disposed of is merely restored to his The rule is absolute with respect to a voluntary heir and a
by way of legacies/devises legitime devisee or legatee.
Right of representation only applies to compulsory heirs
Q: May a spouse be preterited? in the direct descending line, and in the collateral line, only in
A: No. While a spouse is a compulsory heir, he/she is not in the favor of children of brothers and sisters.
direct line (ascending or descending). There is no right of representation in the ascending line.
The representative inherits directly not from the person
Q: When is there a total omission of a compulsory heir? represented, but from the one whom the person would have
A: There is total omission when the heir: succeeded.
1. Receives nothing under the will whether as heir, The rule also applies in case the heir becomes
legatee, or devisee; incapacitated to succeed, or was disinherited.

If a compulsory heir is given a share in the inheritance,
no matter how small, there is no preterition.
However, if a compulsory heir gets less than his
legitime, while this is not a case of preterition. In this
case, he is entitled to a completion of his legitime under
Art. 906.
2. Has received nothing by way of donation inter
vivos or propter nuptias; and
If a compulsory heir has already received a donation
from the testator, there is no preterition. A donation to
a compulsory heir is considered an advance of the
inheritance.
3. Will receive nothing by way of intestate succession.
Q: What are the effects of preterition?
A:
1. Preterition annuls the institution of heirs;
2. Devices and legacies are valid insofar as they are not
inofficious;
Q: What is the effect if the heir repudiated or renounced his
inheritance?
A: An heir who renounced his inheritance, whether as
compulsory or as voluntary heir, does not transmit any right to
his own heirs. An heir who repudiated his inheritance, may
represent the person whose inheritance he has renounced.
SUBSTITUTION OF HEIRS
Q: What is substitution?
A: Substitution is the appointment of another heir so that he may
enter into the inheritance in default of the original heir.
Q: What are the different kinds of substitution?
1. Simple/common takes place when the heir
instituted:
a. predeceases testator;
b. repudiates the inheritance; or
c. is incapacitated to succeed
Simple substitution without a statement of the causes,
to which it refers, shall comprise the 3 above mentioned
situations.

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
2. Brief/compendious when two or more persons are
substituted for one or for two or more heirs.
3. Reciprocal one heir designated as substitute for
instituted heir while latter
is simultaneously instituted as substitute for former.
The substitute enters into the inheritance not as an heir
succeeding the first heir, but as an heir of the testator.
FIDEICOMMISSARY SUBSTITUTION
Q: What is fideicommissary substitution?
A: Also known as indirect substitution, it is a substitution by
virtue of which the fiduciary or first heir instituted is entrusted
with the obligation to preserve and transmit to a second heir the
whole or part of the inheritance.
For its validity and effectivity, such substitution does not
go beyond one degree from the heir originally substituted and
provided further, that the fiduciary or first heir and the second
heir are living at the time of death of the testator.
Q: What are the conditions for a valid fideicommissary
substitution?
1. That the institution does not go beyond one degree
from the heir originally instituted;
2. That the substitution be expressly made;
3. That both the fiduciary and beneficiary be living at
the time of the testators death;
4. That it should be imposed on the free portion and not
on the legitime.
Q: What are the elements/requisites of fideicommissary
substitution?
A:
1. There must be a first heir or fiduciary;
2. An absolute obligation is imposed upon the fiduciary
to preserve and to transmit to a second heir the
property at a given time;
3. There is a second heir who must be one degree from
the first heir;
4. The first and second heir must both be living and
qualified at the time of the death of the testator.
FIDUCIARY
There must be a first heir or fiduciary. The first heir
receives property, either upon the death of the testator or upon
the fulfillment of any suspensive condition imposed by the will.
The first heir is almost like a usufructuary with right to
enjoy the property. Thus, like a usufructuary, he cannot alienate
the property.The first heir is obliged to make an inventory but he
is not required to furnish a bond.
Q: What is the effect of alienation of the property subject to the
fideicommissary substitution by the first heir?
A: The transfer is not valid. The fiduciary cannot alienate the
property either by an act inter vivos or mortis causa. He is bound
to preserve the property and transmit it to the second heir or
fideicommissary.
Q: What is the period of the fiduciarys tenure?
A:
1. Primary rule the period indicated by the testator
2. Secondary rule if the testator did not indicate a
period, then the fiduciarys lifetime
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
Q: Is the fiduciary allowed to make deductions to the
inheritance? 145
A:
General Rule: The fiduciary should deliver the
property intact and undiminished to the fideicommisary
heir upon arrival of the period
Exception: The only deductions allowed, in the
absence of a contrary provision in the will are:
1. Legitimate expenses;
2. Credits;
3. Improvements
The coverage of legitimate expenses and improvements
are limited to necessary and useful expenses, but not to
ornamental expenses.
Absolute Obligation To Preserve And Transmit Property
An absolute obligation is imposed upon the fiduciary to
preserve and to transmit to a second heir the property at a given
time.
The obligation to preserve and transmit must be given
clearly and expressly by giving it a name fideicommissary
substitution or by imposing upon the first heir the absolute
obligation to preserve and deliver the property to the second
heir.
"Given time" means the time provided by the testator; if
not provided, then it is understood that the period is the lifetime
of the first heir.
Q: If the testator provided that the 1st heir shall enjoy the
property during his life and that upon his death it shall pass to
another expressly designated by the testator, but without
imposing the obligation to preserve the property, is there
fideicommissary substitution in this case?
A: None. There is no fideicommissary substitution but merely a
legacy of the usufruct of the property.
FIDEICOMMISSARY
There is a second heir who must be one degree from the first
heir.
Q: What does one degree mean?
A: "One degree" refers to the degree of relationship; it means
one generation. As such, the fideicommissary can only be
either a parent or child of the first heir.
The relationship is always counted from the first heir.
However, fideicommissary substitutions are also limited to one
transmission. Upon the lapse of time for the first heir, he
transmits the property to the second heir. In other words, there
can only be one fideicommissary transmission such that after the
first, there can be no second fideicommissary substitution.
Capacity To Succeed Of Fiduciary And Fideicommissary
The first and second heir must both be living and qualified at the
time of the death of the testator.
Q: Why must both the first and second heir be living and
qualified at the time of the death of the testator?
A: The fideicommissary inherits not from the first heir but from
the testator, thus, the requirement that the fideicommissary be
alive or at least conceived at the time of the testators death. The
fideicommissary substitution must not be imposed on the
legitime, only on the free portion.
 CIVIL LAW I REVIEWER
Q: Do the heirs to a fideicommissary substitution inherit
successively?
A: No. Both the first heir and the fideicommissary inherit the
property simultaneously, although the enjoyment and possession
are successive.
From the moment of death of the testator, the rights of the first
heir and the fiduciary are vested.
Q: What is the effect if the fideicommissary predeceases the
fiduciary?
A: If the fideicommissary predeceases the fiduciary, but survives
the testator, his rights pass to his own heirs.
Q: What is the remedy of the fideicommissary to protect himself
against alienation to an innocent third person?
A: If the first heir was able to register the property in his name,
fideicommissary should annotate his claim on the land on the
title to protect himself against any alienation in favor of innocent
third parties. When the property passes to the fideicommissary,
there is no more prohibition to alienate.
Q: What is the effect of the nullity of the fideicommissary
substitution?
A: The nullity of the fideicommissary substitution does not
prejudice the validity of the institution of the heirs first
designated; the fideicommissary clause shall simply be
considered as not written.
Q: If the testator gives the usufruct to different persons
successively, what rules will apply?
A: The provisions on fideicommissary substitution also apply in a
case where the testator gives the usufruct to various persons
successively.
CONDITIONAL TESTAMENTARY DISPOSITIONS AND
TESTAMENTARY DISPOSITIONS WITH A TERM
Q: What is a term?
A: It is any future and certain event upon the arrival of which the
validity or efficacy of a testamentary disposition subject to it
depends.
A disposition with a suspensive term does not prevent
the instituted heir from acquiring his rights and transmitting them
to his heirs even before the arrival of the term. The right of the
heir instituted subject to a term is vested at the time of the
testator's death he will just wait for the term to expire.
If the heir dies after the testator but before the term
expires, he transmits his rights to his own heirs because of the
vested right.
Q: When the disposition is subject to a term, what should be
done by the instituted heirs or legal heirs so that they can enjoy
possession of the property?
A: If the disposition is subject to a:
1. Suspensive term The legal heirs can enjoy
possession of the property until the expiration of the
period but they must put up a bond (caucionmuciana) in
order to protect the right of the instituted heir.
2. Resolutory term The legal heirs can enjoy
possession of the property but when the term arrives,
he must give it to the legal heirs. The instituted heir
does not have to file a bond.
Q: Explain the principle of untouchability of legitime.
A: The testator cannot impose any charge, burden,
encumbrance, condition, or substitution whatsoever upon the
legitime of the compulsory heirs except 1.) when the testator
declares that the hereditary estate shall not be partitioned for a
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
period which shall not excedd 20 years 2.) when there is reserve
troncal 3.) Family Home 146
Q: What is the Sabinnean Doctrine?
A: Impossible conditions and those contrary to law or good
customs are presumed to have been imposed erroneously or
through oversight, thus, are considered as not imposed.
Q: Is the condition not to contract a first marriage valid?
A: An absolute condition not to contract a first marriage is
always void and will be considered as not written.
Q: What is meant by disposicioncaptatoria?
A: The condition that the heir shall make some provision in his
will in favor of the testator or any other person is what is known
as condition captatoria. Consequently, if the testator makes a
testamentary disposition in his will subject to such condition, it is
known as disposicioncaptatoria. Under our law, not only the
condition but the entire testamentary disposition shall be void.
DISINHERITANCE
Q: What is disinheritance?
A: It is the act of the testator in depriving a compulsory heir of
his legitime for causes expressly stated by law.
Requisites:
a. For causes expressly stated by law;
b. Must be stated in the will
c. Cause must be certain and true;
d. Unconditional
e. Total or complete;
f. The heir disinherited must be designated in such a
manner that there can be no doubt as to his identity
g. Effected only through a valid will
h. For an existing cause
i. Will must have been revoked
Q: What are the effects of disinheritance?
A:
1.) Deprivation of the compulsory heir who is
disinherited of any participation in the inheritance
including the legitime and free portion
2.) The children/descendants of the person disinherited
shall take his or her place and shall preserve the rights
of compulsory heirs with respect to the legitime.
3.) The disinherited parent shall not have the usufruct
or administration of the property which constitutes the
legitime.
Q: What are the instances of Imperfect Disinheritance?
A:
1. No cause stated;
2. No true cause;
a. No legal cause
b. No total or is conditional
c. Subsequent reconciliation
Q: What are the common causes for disinheritance of children or
descendants, parents or ascendants, and spouse?
A:
1. When the heir has been found guilty of an attempt
against the life of the testator, his/her descendants or
ascendants, or spouse in case of children and parents;
2. When the heir by Fraud, violence, intimidation, or undue
influence causes the testator to make a will or to
change one already made;
3. When the heir has accused the testator of a crime for
which the law prescribes imprisonment for 6 years or
 CIVIL LAW I REVIEWER
more, if the accusation has been found groundless; and
accusation may either in the capacity of a complainant
or a witness,
There must be a judicial declaration that the accusation
has been found groundless.
4. Refusal without justifiable cause to support the testator
who disinherits such heir.
Q: What are the peculiar causes for disinheritance?
1. Children/Descendants
a. Conviction of a crime which carries with it a penalty
of civil interdiction;
b. Maltreatment of the testator by word or deed by
the children/descendants
c. When the child/descendant has been convicted of
Adultery or concubinage with the spouse of the
testator.
d. When the child/descendant leads a dishonorable or
disgraceful life.
2. Parents/Ascendants
a. When the parent/ascendant has been convicted of
adultery or concubinage with the spouse of the
testator.
b. When the parents have abandoned their children or
induced their daughters to live a corrupt or immoral
life, or attempted against their virtue;
c. Loss of parental authority for causes specified in
the code.
Revocation of Disinheritance
1. Reconciliation
2. Subsequent institution of the disinherited heir, and
3. Nullity of the will which contains the disinheritance
Reconciliation
It is the resumption of genuine cordial relationship
between the testator and the disinherited heir, approximating
that which prevailed before the testator learned of the cause for
disinheritance, reciprocally manifested by their actions
subsequent to the act of disinheritance.
Q: What are the effects of subsequent reconciliation if ground for
disinheritance is unworthiness to succeed?
A:
1. If disinheritance has been made. Rule on reconciliation
applies. The disinheritance becomes ineffective.
2. If disinheritance has not been made. Rule on
reconciliation does not apply. The heir continues to be
incapacitated to succeed unless pardoned by the
testator under the Civil Code.
LEGACIES AND DEVISES
Q: What is a Legacy?
A: A Legacy is a gift of real property given by virtue of a will.
Q: What is a Devise?
A: A Devise is a gift of personal property given by will.
Q: What can be bequeathed or devised?
A: Anything which is within the commerce of man or which is
alienable.
Q: Who may be charged?
A: As a General Rule, legacies or devises are a charge or a
burden upon the estate itself and are to be paid by the executor
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
or the administrator, unless the testator expressly burdens a
particular heir, legatee or devisee with their payment. 147
If there is an administration proceeding, the executor or
administrator shall be obligated. If there is none, it will be
performed by the heirs themselves.
Q: What are the limitations on the burden?
A: 1. If imposed upon a compulsory heir such burden cannot
be imposed upon the legitime.
2. In so far as the legatee or devisee is concerned, he shall
be liable for the charge only to the extent of the value
of the legacy or devise received by him.
Q: How is a legacy of a specific thing made?
A:
Legacy or devise of a thing belonging to another [Art.
930, CC]
Testator erroneously believed that the Void
property belonged to him
Effective
The thing bequeathed afterwards becomes
his by whatever title
Legacy or devise of thing already belonging to the
legatee or devisee
The thing already belongs to the legatee Ineffective
or devisee at the time of the execution of
the will [Art. 932, CC]
The thing is subject to an encumbrance or Valid only as to
interest of another person [Art. 932, CC] the interest or
encumbrance
Legatee or devisee subsequently alienates Ineffective
the thing [Art. 933,CC]
After alienating the thing, the legatee or Ineffective
devisee subsequently reacquires it
gratuitously [Art. 933, CC]
After alienating the thing, the legatee or Legatee or devisee
devisee acquires it by onerous title [Art. can demand
933, CC] reimbursement
from the heir or
estate
Q: What is a legacy of credit?
A: It takes place when the testator bequeaths to another a credit
against a third person. In effect, it is a novation of the credit by
the subrogation of the legatee in the place of the original
creditor.
Q: What is a legacy of remission?
A: It is a testamentary disposition of a debt in favor of the
debtor. The legacy is valid only to the extent of the amount of
the credit existing at the time of the testator's death. In effect,
the debt is extinguished.
Note:
1. Legacy applies only to the amounts outstanding at the time of
the testator's death.
2. The legacy is revoked if the testator files an action (judicial
suit) against the debtor.
3. It applies only to credits existing at the time the will was made,
and not to subsequent credits.
Q: Suppose the legatee or devisee acquired the property after
the will has been executed? Suppose he acquired the thing by
onerous title? What would be the effect?
A: If at the time the legacy or devise is made, the thing did not
belong to the legatee or devisee but later on he acquires it, then:
1. If he acquired it by gratuitous title, then the legacy or
devise is void.
Reason: The purpose of the testator that the property
would go to the devisee or legatee has already been
 CIVIL LAW I REVIEWER
accomplished with no expense to the legatee or
devisee.
2. If he acquired it by onerous title, the legacy or devise is
valid and the estate may be required to reimburse the
amount.
Q: Suppose the property bequeathed or devised has been
pledged or mortgaged, who has the obligation to free the
property from such encumbrance?
A:
General Rule: The pledge or mortgage must be paid by the
estate.
Exception: If the testator provides otherwise. However, any
other charge such as easements and usufruct, with which the
thing bequeathed is burdened, shall be respected by the
legatee or devisee.
Q: What is to be delivered to the legatee or devisee?
A: 1.The very thing bequeathed shall be delivered and not its
value.
2. With all its accessions and accessories.
3. In the condition in which it may be upon the death of the
testator.
4. Legacies of money must be paid in cash. (Art. 951,
NCC)
Q: When does right to Devise or Legacy is transmitted?
A: 1. If Specific from the testators death
2. If Generic from the time a selection has been made so as
to make the property specific
3. If alternative form the time the choice has been made
4. If acquired from a stranger by virtue of an order from the
testator from the moment of such acquisition.
Q: What is an Alternative Legacy or Devise?
A: The legacy or devise is alternative when the testator
bequeaths one of two or more things that he
designates.
Q: Who has the right of Choice?
A: The choice is presumed to be left to the heir upon whom the
obligation to give the legacy or devise may be imposed, or the
executor or the administrator of the estate if no particular heir ns
obliged. If the designated heir, legatee or devisee dies before
making the choice, this choice shall pass to the respective heirs.
Q: What is the rule or preference among legacies and devises?
A: If the estate is not sufficient to cover all the legacies or the
devises, their payment shall be made in the following order:
1. Remuneratory Devises or Legacies;
2. Legacies or devises declared by the testator to be
preferential;
3. Legacies for support;
4. Legacies for education;
5. Legacies or devises of specific, determinate thing
which forms part of the estate;
6. All others pro rata.
Q: What are valid Legacies or Devises?
A: 1.Within the commerce of man
2. Owned by the Testator
3. Owned by a stranger if there is an order, express or
implied, to acquire it from him
4. Given because of moral obligation
5. Given as a natural obligation
6. Generic Personal property even if there be none in the
estate
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
Q: What are void ab initio legacies?
A: 1. Outside the commerce of man 148
2. Owned by stranger but mistakenly believed by testator to
be owned by the latter unless later owned by the
latter
3. Legacy in void will
4. Generic Real Property if there be none of its kind in the
estate
5. If totally inofficious
Q: What are ineffectual/inoperative legacies?
A: 1. Those revoked expressly or impliedly
2. Those revoked by implication of law
3. Destruction or loss due to fortuitous causes
4. Intentional destruction by the testator
5. In case of predecease, repudiation or incapacity of
legatee
6. Disinheritance if legatee is compulsory heir
Q: What is the effect if the legatee or devisee cannot or is
unwilling to accept the legacy or devise or the legacy or devise
becomes ineffective?
A: General Rule: In case of repudiation, revocation of
incapacity of the legatee or devisee, the legacy or
devise shall be merged with the mass of the hereditary
estate.
Exception: In cases of substitution or accretion.
Q: What are the grounds for revocation of legacies and
devises?
A: 1. Transformation of the thing bequeathed in such a
manner that iy does not retain either the form or
denomination it had
2. Alienation of the thing bequeathed or any part thereof in
such a manner that in the latter case, the legacy or
devise shall be without effect only with respect to the
part alienated
Exception: when the thing should belong again to the
testator either by nullity of the contract or through
the exercise of the right of repurchase.
3. Loss of the thing during the lifetime of the testator, or
after the death of the testator without fault on the
part of the heirs
4. Nullity of the Will
5. Noncompliance with suspensive conditions affecting the
bequests
6. Sale of the thing to pay the debts of the deceased during
the settlement of his estate
7. Revocation of legacy of credit/remission of debt
NOTE: The list is NOT exclusive.
 CIVIL LAW I REVIEWER
LEGAL OR INTESTATE
SUCCESSION
Q:What is Intestacy?
A:That which takes place by operation of law in default of
compulsory andtestamentary succession. It is the least preferred
among the three modes of succession, but is the most common.
It takes place only:
1. In the absence of a valid will.
2. Will executed but disallowed in probate.
3. Will is valid but certain portions of hereditary estate
are either not covered by will or some provisions are
invalid or inoperative.
Note: In all cases where there has been an institution of heirs, follow the
ISRAI order:
1. If the Institution fails, Substitution occurs.
2. If there is no substitute, the right of Representation applies in
the direct descending line to the legitime if the vacancy is
caused by predecease, incapacity, or disinheritance.
3. The right of Accretion applies to the free portion when the
requisites in Art. 1016 are present.
4. If there is no substitute, and the right of representation or
accretion are not proper, the rules on Intestate succession shall
apply.
Q: How is a legal succession differentiated from forced
succession?
A: Both are succession by operation of law. They are the same in
nature in that the law disregards the intent of the decedent. In
forced succession, it is coercive while in intestate succession, it is
the presumptive will of the decedent(subordinate to forced and
testamentary succession).
Q: What is the order of Intestate Heirs?
A.1. Legitimate children or descendants
2. Illegitimate children or descendants
3. Legitimate parents or ascendants
4. Illegitimate parents
5. Surviving spouse
6. Brothers and sisters, nephews and nieces
7. Other collateral relatives up to the fifth degree
8. The State.
Q: What is the rule on preference of lines?
A:Those in the direct descending line shall exclude those in the
direct ascending and collateral lines; Those in the direct
ascending line shall, in turn, exclude those in the collateral line.
Q: What is the Rule of Proximity?
A: In legal succession, the relative nearest in degree excludes
the more distant ones except when the right of representation
properly takes place.
Q: What is the Equality of Division Rule?
A: Relatives in the same degree shall inherit in equal shares,
except:
1. If brothers and sisters of the full-blood survive
together with brothers and sisters of the half-blood,
the former inherits to a share double that of the
latter.
2. Should there be ascendants in both lines, one-ha;f of
the inheritance shall go to the parental and the other half
to the maternal and, in each line, the division shall be
made per capita.
3. Whenever there is succession by representation,
the division of the estate shall be per stirpes.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
Q: How is the proximity of relationship determined?
A: Proximity of relationship is determined by the number of
generations. Each generation forms a degree.
149
Q: How are degrees and lines determined?
A: A series of degree forms a line, which may be either direct or
collateral.
A direct line is that constituted by the series of degrees
among ascendants and descendants.
A collateral line is that constituted by the series of
degrees among persons who are not ascendants and
descendants, but who come from a common ancestor.
Q: What are relationships as to blood tie?
A: Full blood relationship is that existing persons who have the
same father and the same mother.
Half-blood relationship is that existing between persons
who have the same father, but not the same mother, or the
same mother, but not the same father.
Q: What are the rules in cases of vacancies in intestacy?
A: In case of incapacity, the share which is rendered vacant shall
pass to the co-heirs(within the same degree) if the right of
representation does not obtain.
In case of repudiation, where there is no right of
representation, these are the rules:
1. If not all of the heirs within the same degree
repudiate, but only some of them, the shares of those
who did not accept shall accrue to the co-heirs within
the same degree.(Accretion)
2. If all of the heirs within the same degree repudiate
their own inheritance, those of the next degree shall
inherit in their own right.
Q: What is the right of Representation?
A: It is the right created by fiction of law, by virtue of which the
representative is raised to the place and degree of the person
represented, and acquires the rights which the latter would have
if he were living or if he could have inherited. The representative
thereby steps into the shoes of the person he represents and
succeeds, not from the latter, but from the person to whose
estate the person represented would have succeeded. It takes
place only with respect to inheritance conferred by law (intestate
and testate succession).
Q: What are the basic elements of the Right of
Representation?
A: 1. Representative is of remoter degree to the decedent than
the person represented.
2. Representative must be qualified to inherit not from the
person represented but from the person whose
succession is in consideration.
Q: When can representation take place?
A: 1. In case of Predecease
2. In case of incapacity
3. In case of Disinheritance
4. In case of Repudiation
Q: When is right or representation not available?
A:
1. As to compulsory heirs: In case of repudiation, the one
who repudiates his inheritance cannot be represented.
Their own heirs inherit in their own right.
2. As to voluntary heirs: Voluntary heirs, legatees and
devisees who:
a. Predecease the testator; or
 CIVIL LAW I REVIEWER
b. Renounce the inheritance cannot be represented by
their own heirs, with respect to their supposed
inheritance.
Representation in the Direct Descending Line
Representation takes place ad infinitum in the direct
descending line but never in the direct ascending line. (Art. 972)
General rule: Grandchildren inherit from the
grandparents by right of representation, if proper.
Exception: Whenever all the children repudiate, the
grandchildren inherit in their own right because
representation is not proper. (Art. 969)
Representation in Collateral Line
In the collateral line, representation takes place only in
favor of the children of the brothers or sisters (i.e., nephews and
nieces) whether of the full or half-blood (Art. 972)and only if
they concur with at least one uncle or aunt. In this case, they
share in the inheritance per stirpes.
If the children survive alone, they inherit in their own
right and share in equal proportions or per capita. (Art. 975)
Right of representation in the collateral line is only
possible in INTESTATE succession. It cannot take place in
testamentary succession.
Per stirpes
Inheritance per stirpesmeans that the representative/s
shall receive only what the person represented would
have received, if he were living or could inherit. (Art.
975)
If there are more than one representative in the same
degree, then it shall be divided equally, without
prejudice to the distinction between legitimate and
illegitimate, if applicable.
Q: What is the Order of Intestate Succession of a Legitimate
Decedent?
A: 1. Legitimate children or descendants (LCD)
2. Legitimate parents or ascendants (LPA)
3. Illegitimate children or descendants (ICD)
4. Surviving Spouse (SS)
5. Brothers and sisters, nephews and nieces (BS/NN)
6. Other collateral relatives within the 5th civil degree (C5)
7. State
Q: What is the Principle of Exclusion?
A: The heirs higher in the order of succession exclude those who
were lower in that order of succession, except that when the
latter are compulsory heirs they preserve their rights to legitime.
Q: What is the Principle of Concurrence?
A: The illegitimate children and the surviving spouse, who are
not only legal or intestate heirs but are also primary compulsory
heirs, even when they concur with legitimate parents and
ascendants, they are not only entitled to their legitime, but they
are also given as share in the disposable free portion.
Q: What is the Iron Barrier Rule or Rule of Absolute Separation?
A: The illegitimate family cannot inherit by intestate succession
from the legitimate family, and vice versa. Hence, an illegitimate
child has no right to inherit ab intestato from the legitimate
children and relative of his father or mother nor shall such
children or relatives inherit in the same manner from the
illegitimate child.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
Q: What is the Order of Intestate Succession of an Illegitimate
Decedent? 150
A: 1. Legitimate children or descendants (LCD
2. Illegitimate children or descendants (ICD)
3. Illegitimate parents (IP)
4. Surviving Spouse (SS)
5. Brothers and sisters, nephews and nieces (BS/NN)
6. Other collateral relatives within the 5th civil degree (C5)
7. State
Q: What is the Order of Intestate Succession of an adopted
decedent?
A: 1. Legitimate children or descendants (LCD)
2. Illegitimate children or descendants (ICD)
3. Legitimate or illegitimate parents, or legitimate
ascendants, adoptive parents
4. Surviving spouse (SS)
5. Brothers and sisters, nephews, nieces (BS/NN)
6. State
Representation in Adoption
If the adopting parent should die before the adopted child, the
latter cannot represent the former in the inheritance of the
parents or ascendants of the adopter. The adopted child is not
related to the deceased in that case, because filiation created by
fiction of law is exclusively between the adopter and the
adopted. (Tolentino, 448-449)
Q: When can the State inherit from the decedent in case of
intestacy?
A: In default of LCD, PA, ICD, SS and collateral relatives within
the 5th degree.
Q: How does the State inherit from the estate of the decedent?
A: In order that the State may take possession of the property of
the decedent, the procedure for Escheat must be observed.
Q: What are the specific Principles on Intestate Succession?
A:
1. Even if there is an order of intestate succession, the
compulsory heirs are never excluded.
2. The right of representation in the collateral line
occurs only in the intestate succession, never in testate
succession.
3. The intestate shares are either equal to or greater
than the legitime.
4. General Rule: Grandchildren always inherit by right
of representation provided representation is proper.
Exception: Whenever all the children repudiate, the
grandchildren inherit in their own right because right of
representation would not be proper.
5. Nephews and nieces inherit either by right of
representation (when they concur with aunts and
uncles) or in their own right (when they do not concur
with uncles or aunts)
6. ICD of illegitimates cannotrepresent because of the
barrier, but both the ICD and LCD of illegitimates can.
7. There can be reserva troncal in intestate succession.
8. A renouncer can represent, but cannot be
represented.
9. A person who cannot represent a near relative cannot
also represent a relative farther in degree.
 CIVIL LAW I REVIEWER
Summary of Rules on Intestate heirs:
1. Legitimate children/ descendants
a. excludes ascendants, all collaterals, the State
b. concurs with illegitimate children/ descendants,
surviving spouse
c. excluded by no one. Partial Intestacy
2. Illegitimate children/ descendants
a. excludes illegitimate parents, collaterals, the State
b. concurs with surviving spouse, legitimate children,
legitimate ascendants
c. excluded by no one.
3. Legitimate parents
a. excludes collaterals, the State
b. concurs with illegitimate children, surviving spouse
c. excluded by legitimate children.
4. Illegitimate ascendants
a. excludes collaterals, the State
b. concurs with the surviving spouse
c. excluded by legitimate descendants, illegitimate
descendants.
5. Surviving spouse
a. excludes collaterals, other than brothers and
sisters, nephews and nieces, the State
b. concurs with legitimate child, illegitimate child,
legitimate and illegitimate brothers
and sisters, nephews and nieces.
c. excluded by no one.
6. Brothers, sisters, nephews and nieces
a. excludes all other collaterals, the State
b. concurs with the surviving spouse
c. excluded by legitimate children, illegitimate
children, legitimate parents, illegitimate
parents.
7. Other collaterals
a. exludes collaterals in remote degrees, the State
b. concurs with collaterals in equal degree
c. excludes legitimate/ illegitimate children/ parents,
surviving spouse, brothers and
sisters, nephews and nieces.
8. The State
a. excludes no one
b. concurs with no one
c. excluded by everybody else
Articles 978 to 1014. Various Combinations
Total Intestacy
1. Legitimate children and/ or descendants aloneEntire
estate divided equally among them. (Art. 979)
2. Legitimate children and illegitimate children Entire
estate in proportion of 2:1 or 10:5:4 as the case may
be. This is without prejudice to the impairment of
legitimes. (Art. 983)
3. Legitimate children and surviving spouse Surviving
spouses share equal to that of one legitimate child. If
only 1 legitimate child, 1/2 each. (Art. 996)
4. Legitimate children and Surviving spouse Same share
as a legitimate child and Illegitimate children1/2 or
4:5:10 ratio w/ share of a legitimate child. (Art. 999)
5. Legitimate parents alone Entire estate shared equally.
6. Legitimate ascendants aloneApply Articles 889 and 890
(rules on legitime)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
7. Legitimate parents (or ascendants) 1:2
Illegitimate children 1/2 151
Free portion = 1/4 to illegitimate children.
(Art. 991)
8. Legitimate parents (or ascendants) 1/2
Surviving spouse 1/2
Free portion1/4 to the surviving spouse.
(Art. 997)
9. Legitimate parents (or ascendants.) 1/2
Surviving spouse1/4
Illegitimate children 1/4
Free portion 1/8 to surviving spouse
(Art. 1000)
10. Illegitimate children alone Entire estate divided equally
or 5:4 as the case may be.
Free portion = 1/2 to illegitimate children.
(Art. 988)
11. Illegitimate children 1/2 divided as in number 10
Surviving spouse1/2
Free portion 1/6 to both(Art. 998)
12. Surviving spouse aloneEntire estate.
Free portion 1/2 to surviving spouse
(Arts. 994 and 995)
13. Surviving spouse 1/2
Illegitimate children 1/2
Free portion = 1/4 to both
14. Surviving spouse1/2
Legitimate brothers and sisters and nephews
and nieces1/2
Full : half = 2 : 1
Free portion = 1/2 to brothers and sisters and
nephews and nieces
If marriage is in articulo mortis, add 1/6 to free
portion once the legitime of the wife is reduced to 1/3
(Art. 1001)
15. Surviving spouse 1/2
Illegitimate brothers and sisters, nephews and
nieces (if decedent is illegitimate) 1/2
Full : Half = 2 : 1
Free portion = 1/2 to illegitimate brothers and
sisters and nephews and nieces (Art. 994)
16. Illegitimate parents aloneentire estate
Free portion 1/2 to illegitimate parents. (Art. 993)
17. Illegitimate parentsnone.
Children of any kindEntire estate divided
according to earlier rules. (Art. 993)
18. Legitimate brothers and sisters aloneWhole estate
divided in the ratio of 2:1 between full and half blood.
(Arts. 1004 and 1006)
19. Legitimate brothers and sisters and nephews and
nieces Entire estate with the ratio of 2:1 between full
and half blood
a. Nephews and nieces inherit by representationper
stirpes.
 CIVIL LAW I REVIEWER
b. Nephews and nieces inherit bec. all brothers
and sisters predeceaseper capita.
(Arts. 1005 and 1008)
20. Nephews and nieces Entire estate.
Uncles and auntsNone.
Bacayo v. Borromeo Nephews and nieces exclude
uncles and aunts even if they may be both only three (3)
degrees away from the decedent. (Art. 1009 by inference)
21. Illegitimate brothers and sisters and nephews and
niecesEntire estate with the ratio of 2:1 between full
and half blood.This applies only if the decedent is also
illegitimate. Apply the rules for nephews and nieces
stated in number 19
22. Nephews and nieces alone Entire estate with the ratio
of 2:1 between full and half blood.
23. Other collaterals Entire estate in equal shares
Rules: a. No distinction between full and half blood
b. No representation
c. Nearer excludes the more remote
d. Up to the fifth degree only.
(Arts. 1009 and 1010)
In case of an illegitimate decedent, collaterals
are only up to nephews and nieces.
24. The State the entire estate. (Art. 1011)
MIXED SUCCESSION
AND PARTIAL INTESTACY
Q: What is mixed succession?
A: It is the succession effected partly by will and partly by
operation of law.
Q: What are the rules on mixed succession?
A: 1. The law of legitimes must be brought into operation in
partial intestate because the testamentary dispositions can affect
only the disposable free portion but never the legitimes.
2. If among the concurring intestate heirs there are
compulsory heirs whose legal or intestate portions exceed their
respective legitimes then the amount of the testamentary
dispositions must be deducted from the disposable free portion
to be borne by allthe intestate heirs in the proportion that they
are entitled to receive from such disposable free portion as
intestate heirs.
3. If the intestate share of a compulsory heir is equal to his
legitime, then the amount of the testamentary disposition must
be deducted only from the intestate shares from the others, in
the proportion stated above.
4. If the testamentary dispositions consume the entire
disposable free portion, then the intestate heirs who are
compulsory heirs will get only their legitime, and those who are
not compulsory heirs will get nothing.
VI. PROVISIONS COMMON TO BOTH TESTATE AND
INTESTATE SUCCESSION
Q: What is the right of Accretion?
A: It is a right by virtue of which, when two or more persons are
called to the same inheritance devise or legacy, the part assigned
to the one who renounces or cannot receive his share, or who
died before testator, is added or incorporated to that of his co-
heirs, co-devisees or co-legatees.(Art. 1015, NCC)
The following are its requisites:
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
1. Two or more persons must have been called to the
same inheritance, legacy or devise, or to the same portion 152
thereof pro indiviso
2. There must be a vacancy in the inheritance legacy or
devise either caused by predecease, repudiation, incapacity, non-
fulfilment of a suspensive condition or void or ineffective
testamentary disposition.
Q: What are the Effects of Accretion?
A: 1. General Effects:
a. the heirs to whom the portion goes by right of
accretion take it in the same proportion that they inherit.
b. the heirs to whom the inheritance accrues shall
succeed to all the rights and obligations which the heir who
renounced or could not receive it would have had except, (i) in
testamentary succession, if the testator provides to the contrary
and (ii) in case of purely personal obligations.
2. Testamentary Succession
a. Legitime
Predecease or incapacity there is representation if
there are children of descendants; if none, the others
inherit in their own right.
Repudiation the others inherit in their own right.
b. Disposable free portion
Accretion takes place when the requisites are present,
but if such requisites are not present, the others inherit
in their own right.
3. Legal or Intestate Succession
Predecease or incapacity there is representation if
there are children of descendants; if none, the others
inherit in their own right.
Repudiaition there is always accretion.
In case of predecease, incapacity or disinheritanceof an
heir without representation, accretion may also take
place.
Q: How is Accretion avoided?
A:Accretion is avoided by:
1. By expressly designating a substitute
2. By expressly providing that although accretion may
take place, still decedent does not want accretion to occur.
Note: Accretion is a right, not a n obligation, and may therefore be
repudiated or accepted by those entitled.
Q: What is the Capacity to Succeed?
A: To have the capacity to succeed, the requisites must be
complied with, to wit:
a. possession of juridical capacity
Except: 1.for prayers and pious works for the benefit of
his soul; 2. testamentary provisions made in favor of the poor in
general without particular designation of particular persons in the
community.
b. not specifically disqualified by law
c. the heir, legatee or devisee must be living at the
moment the succession opens including the conceived child as
long as the requirements of law have been complied with.
Q: Who may inherit?
A:
General Rule: The heir, legatee or devisee.
Exception: In case of substitution, predecease,
incapacity, disinheritance or repudiation.
 CIVIL LAW I REVIEWER
Q: Who are Absolutely Incapacitated to Inherit?
A:Those who are incapacitated to inherit in any way.
1. Those who are not living at the time of death of the
decedent, except;
a. Testamentary dispositions in favor of
associations for religious, scientific, cultural,
educational or charitable purposes.
b. Testamentary dispositions in favor of a
church or denomination to which the testator
may belong for prayers or pious works.
c. Testamentary dispositions in favor of the
poor in general.
2. Those who cannot be identified.
3. Those who are not permitted by law to inherit.
Q:Who are relatively incapacitated to inherit?
A:1. By Reason of Possible Undue Influence
a. The priest who heard the confession of the testator
during his last illness, or the minister of the gospel
who extended spiritual aid to him during the same
period.
Note: The basis of disqualification is the presumption that at the
threshold of death, the testator becomes an easy prey to the scheming
priest or minister
b. Physician surgeon, nurse, health officer or druggist
who took care of the testator during his last illness.
c. Relatives of such priest or minister of the gospel
within the 4th degree, the church order, chapter,
community, organization or institution to which such
priest or minister may belong.
d. Attesting witness to the execution of a will, the
spouse, parents or children, or anyone claiming that
such witness, spouse, parents or children. Note: It
does not apply if there are three other competent
witness to the execution of the will.
e. Guardian with respect to the testamentary
disposition given by a ward in his favor before the
final accounts of the guardianship have been
approved, even if the testator should die after the
approval thereof, except when the guardian is his
ascendant, descendant, brother, sister or spouse.
Characteristics:
1. Possible only in testamentary disposition
2. Relative in character
3. Partial in the sense that if the heir who is incapacitated or
disqualified is a compulsory heir, only the free portion given to
him is affected, but not his legitime.
2. By reason of Public Morality
a. Those made in favor of a person with whom the
testator was guilty of adultery or concubinage at the
time of the making of the will. No conviction is
necessary.
b. Those made in consideration of a crime of which
both the testator and the beneficiary have been found
guilty. No conviction is necessary.
c. Those made in favor of a public officer or his
spouse, descendants and ascendants by reason of his
public office.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
Characteristics:
1. Possible only in testamentary disposition 153
2. Relative in character
3. Partial in the sense that if the heir who is incapacitated or
disqualified is a compulsory heir, only the free portion given to
him is affected, but not his legitime
3. By reason of Unworthiness
a. Parents who have abandoned their children or
induced their daughters to lead a corrupt or immoral
life.
b. Any person who has been convicted of an attempt
against the life of the testator, his/her spouse,
descendants or ascendants.
c. Any person who has accused the testator of a
crime for which the law prescribes imprisonment for 6
years or more if the accusation has been found
groundless.
d. Any person convicted of adultery or concubinage
with the spouse of the testator; the spouse is not
included. The guilty spouse shall not inherit when the
offended spouse acts positively either by securing a
decree of legal separation or by disinheriting him/her.
e. Any heir of full age who having knowledge of the
violent death of the testator, should fail to report it to
an officer of the law within one month, unless the
authorities have already taken action.
f. Any person who by fraud, violence or intimidation or
undue influence should cause the testator to make a
will or to change one already made.
g. Any person who falsifies or forges the supposed
will of the decedent.
h. Any person who by the same causes prevents
another from making a will, or from revoking one
already made, or who supplants, conceals or alters
the latters will.
Characteristics:
1. Based on the offenses committed by the disqualified person
against the decedent which renders him unworthy to succeed.
2. Applies both to legal or testamentary succession.
3. Relative in character.
4. Total in the sense that it extends not only to the free portion
but also to the legitime.
4. By Operation of law
a. Incapacity of the guilty spouse to inherit from the
innocent spouse if there is a decree of legal separation.
b. incapacity of illegitimate children and legitimate
relatives of the decedent to inherit from each other.
c. Incapacity of the adopter to inherit from his
adopted child.
Q: What is the effect of acts of unworthiness?
A: its effect is the exclusion from the entire inheritance; its
causes constitute impediments to succession.
 CIVIL LAW I REVIEWER
Q: What are the acts of unworthiness?
A: 1. Any person who by fraud, violence or intimidation or undue
influence should cause the testator to make a will or to change
one already made.
2. Any person who falsifies or forges the supposed will of the
decedent.
3. Any person who by the same causes prevents another from
making a will, or from revoking one already made, or who
supplants, conceals or alters the latters will.
Q: What are the Effects of Pardon upon the act of unworthiness?
A: 1. If the testator pardons the act of unworthiness, the cause
of unworthiness shall be without effect.
2. Pardon may be given either expressly or impliedly.
Q: May an unworthy heir be represented?
A: Yes. The disqualification is personal to him and does not
prejudice his children or descendants.
Q: What is Acceptance?
A: It is the act by virtue of which an heir, legatee or devisee
manifests his desire in accordance with the formalities prescribed
by law to succeed to the inheritance, legacy or devise.
Q: What is Repudiation?
A: It is the act by virtue of which an heir, legatee or devisee
manifests his desire in accordance with the formalities prescribed
by law NOT to succeed to the inheritance, legacy or devise.
Q: What are the characteristics of acceptance and repudiation?
A: 1. Voluntary and free
2. Irrevocable, except if there is a vitiation of consent or an
unknown will appears
3. Retroactive.
Note: Partial Acceptance or Repudiation is permissible.
Q: Who are capacitated to accept or repudiate inheritance?
A:
General Rule: The heir, legatee or devisee if he is
capacitated to act and has the free disposal of his
property. Deaf-mutes may accept or repudiate
personally or through his agent.
Exception:
a. For minors and incapacitated persons
As to Acceptance through their parents or guardian
As to Repudiation through their parents or guardian
but with judicial authorization
b. Inheritance left for the poor persons designated by
the testator to determine the beneficiaries and
distribute the property may accept but may not
repudiate the same.
c. Corporations and other entities their lawful
representatives
d. Public official establishments can neither accept nor
repudiate without the approval of the government.
Q: How is acceptance made?
A: Either by:
a. Express Acceptance one made in a public or
private instrument
b. Tacit acceptance one resulting from acts by
which the intention to accept is necessarily implied or
which one would have no right to do except in the
capacity of an heir.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
Q: How is repudiation made?
A: Either by: 154
a. Public instrument
b. Authentic document
c. By petition to the court having jurisdiction over the
testamentary or intestate proceeding.
Q: What the effect of acceptance or repudiation?
A:
General Rule: It is irrevocable.
Exceptions:
1. If made through any of the causes that vitiates
consent
2. When an unknown heir will appear.
Collation
Q: What is collation/equalization among forced heirs?
A: It is the act of returning or restoring to the common mass of
the estate, either actually or fictitiously, any property which a
person may have received from the decedent during the latters
lifetime, but which is understood for legal purposes as an
advance from the inheritance.
Q: What are the three basic meanings of collation?
A: 1. Fictitious mathematical process of adding the value of the
thing donated to the net value of the hereditary estate.
2. Act of charging or imputing such value against the legitime
of the compulsory heir to whom the thing was donated. (Art.
1061-1077, NCC)
3. Actual act of restoring to the hereditary estate that part of
the donation which is inofficious in order not to impair the
legitime of compulsory heirs.
Q: What are the requisites of collation?
A: 1. Number of Forced Heirs
2. Liberality
3. Identity of heir and beneficiary
4. No Prohibition/Inofficiousness
Q: What are the steps in collation?
A: 1. Determination of the value of the property at the
time of the decedents death.
2. All debts and charges which are not imposed in
the will shall be deducted.
3. Add the value of all donations made by the
decedent at the time of donation to the value of the
net hereditary estate.
4. Donations which had been brought to collation
should next be imputed and charged against the
corresponding portion of the estate
Q: What are the methods of collation?
A: 1. Collation of Values
2. Collation in Kind
Q: Who are the persons obliged to collate?
A: 1. The Compulsory heirs
Except: 1. When the testator has expressly provided
2. When the compulsory heirs repudiated
their inheritance
2. Grandchildren who survive with their uncles, aunts, or 1st
cousins, and inherit by right of representation.
Q: Who are person not obliged to collate?
A: The surviving spouse because donations during the marriage
are prohibited.
 CIVIL LAW I REVIEWER
Q: What to collate?
A: 1. Any property or right received by gratuitous title during
the testators lifetime.
2. All that they may have received from the decedent during
his lifetime.
3. All that their parents would have brought to collation if
alive.
4. Any sums made by a parent in satisfaction of the debts of
his children, election expenses, fines and similar
expenses.(Art. 1069, NCC)
Note: Only the value of the thing shall be brought to collation.
Q: What are the properties not subject to collation?
A: 1. Any property which may have been donated by the
parent to their children. (Art. 1065, NCC)
2. Donations to the spouse of the child. (Art. 1066, NCC)
3. Expenses for support, education(elementary and
secondary), medical attendance, even in
extraordinary illness, apprenticeship, ordinary
equipment or customary gifts. (Art 1067, NCC)
4. Generally not imputable to legitime
Q: What is the rule in case of concurrence of legitimes, donations
inter vivos, and devises and legacies?
A: The devises and legacies shall be reduced pro rata, without
distinction whatsoever. (Art. 911, NCC)
Q: What are inofficious donations?
A: It is a donation which exceeds what he can give by will. It is
reducible to the extent of such excess.
Q: Are inofficious donations automatically revoked?
A: No. An action for revocation is necessary. Otherwise, the
donation remains valid. It should be filed within 10 years from
the death of the decedent.
Partition
Q: What is Partition?
A: It is the separation, division and assignment of athing held in
common among those to whom it may belong. It includes every
act which is intended to put an end to indivision among co-heirs
and legatees or devisees, although it should purport to be a sale,
an exchange, compromise, or any other transaction. (Art 1079
&1082, NCC)
Q: What is the purpose of partition?
A: It is to put an end to co-ownership.It seeks a severance of the
individual interest of each co-owner, vesting in each a sole estate
in specific property and to giving each one a right to enjoy his
estate without supervision or interference from the other.
Q: What is Extra-judicial Partition?
A: It is a partition without court intervention but subject to the
following requisites;
a. The property must belong to the estate of the
decedent;
b. Decedent died without a will;
c. Decedent has no creditors;
d. Decedents heirs are all of age or the minors are
represented by their judicial or legal representatives;
e. The partition was made by means of a public
instrument or affidavit filed with the ROD. (Rule 74,
Sec. 1 ROC)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
Q: How is Extra-judicial Partition made? 155
A: 1. By Testator in his Will or Partition Inter Vivos
2. By person Commissioned by Testator (It does not include
the power to distribute)
3. By co-heirs
Q: What is judicial partition?
A: It is a partition with court intervention.
Q: How is Judicial Partition done?
A:1. By Summary Settlement (ROC, Rule 74, Sec. 2)
2. By Regular Administration Proceedings(ROC, Rule 79-91)
3. By ordinary Action for Partition(ROC, Rule 69)
Q: Who may demand partition?
A: 1. The Compulsory heirs
2. Voluntary heirs
3. Legatee or devisee
4. Any person who has acquired an interest in the estate.
Q: Who may effect partition?
A:1. Decedent himself during his lifetime by an act inter vivos or
by will;
2. 3rd person designated by the decedent;
3. Heir themselves;
4. Competent court (JURADO, Succession, pp. 528)
Q: When is partition prohibited?
A: 1. When expressly prohibited by the testator himself for a
period not exceeding 20 years.
2. When the co-heirs agreed that the estate shall not be
divided for a period not exceeding 10 years, renewable
for another 10 years.
3. When prohibited by law
4. When to partition the estate would render it
unserviceable for the use to which it was intended.
Q: What is the effect of a sale by co-heir of his undivided
interest?
A: An heir can sell his right, interest or participation in the
property under administration, or even prior to partition but he
can only alienate such portion of the estate that may be allotted
to him in the division of the estate by the probate or intestate
court after final adjudication, that is, after all the debtors shall
have been paid or the devisees or legatees shall have been given
their shares. (Art. 777, NCC)
Q: What are the effects of partition?
A: Once partition has been made, the following are the legal
effects:
a. the co-ownership is terminated and each co-owner
becomes the absolute and exclusive owner of the share allotted
to him. (Art. 543, NCC)
b. It shall not prejudice the rights of third persons, who
shall retain the rights of mortgage, servitude, or any
other real rights belonging to them before the division
was made.(Art. 499, NCC)
c. Personal rights pertaining to third persons against the
ownership shall also remain in force.(Art. 499, NCC)
d. Mutual accounting shall be rendered by the co-
owners to each other with regard to benefits and
expenses and each co-owner shall pay for damages
caused by reason of his negligence or fraud.(Art. 500,
NCC)
 CIVIL LAW I REVIEWER
e. Every co-owner shall be liable for defects of title and
quality of the portion assigned to each of the other co-
owners but only to the proportion of their respective
hereditary shares. (Art. 1093, NCC)
Q: What are the grounds for annulment of partition?
A: A partition may be rescinded or annulled for the same causes
as contracts. (Art. 1097, NCC)
Q: What are the rules on rescission on account of lesion?
A:
1. A partition, either judicial or extra-judicial, may also
be rescinded on account of lesion when any one of the
co-heirs received things whose value is less, by at least
one-fourth, than the share to which he is entitled,
considering the value of the things at the time they
were adjudicated.
2. The partition made by the testator cannot be
impugned on the ground of lesion, except when the
legitime of the compulsory heirs is thereby prejudiced,
or when it appears or may be reasonably presumed that
the intention of the testator was otherwise.
3.The omission of one or more objects or securities of
the inheritance shall not cause the rescission of the
partition on the ground of lesion, but the partition shall
be completed by the distribution of the objects or
securities which have been omitted.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
Q: What is the prescriptive period for rescission of the
partition? 156
A: The action for rescission on account of lesion shall prescribe
after four years from partition. (Art. 1100, NCC)
Q: What are the options of the heir sued for rescission?
A: He may either:
a. Indemnify the plaintiff for the loss;
By cash or by the delivery of the thing of the same
kind and quality as that awarded to the plaintiff
b. Consent to new partition (Art. 1101, NCC)
If a new partition is made it shall affect neither those
who have not been prejudiced nor those who have
not received more than their just share.
Q: What is the effect of preterition in partition?
A: A partition made with preterition of any of the compulsory
heirs shall not be rescinded, unless it be proved that there was
bad faith or fraud on the part of the other persons interested,
but the latter shall be proportionately obliged to pay to the
person omitted the share which belongs to him. (Art. 1104, NCC)
Q: What is the effect of inclusion of non-heir in the partition?
A: It shall be void only with respect to such person. The
participation of non-heirs does not render the partition void in its
entirety but only to the extent corresponding to them. (Aznar
Brothers Realty Corp. v. CA, 372 S 359)
 CIVIL LAW I REVIEWER
LAND, TITLES AND DEEDS
INTRODUCTION
Q:What is Land Title?
A:Title to real property refers to that upon which ownership is
based. It is the evidence of the right of the owner or the extent
of his interest, by which means he can maintain control and, as a
rule, assert a right to exclusive possession and enjoyment of the
property. (Evangelista v. Santiago, G.R. No. 157447, April 29,
2005, 457 SCRA 744)
Q:What is a Deed?
A:Deed refers to a written instrument executed in accordance with
law, wherein a person grants or conveys to another certain land,
tenements or hereditaments. In real estate conveyancing, its
significance has a broader sense so as to embrace practically any
contract or agreement affecting real estate, whether involving
transfer of title or a mere encumbrance thereon.
(Pena,Registration of Land Titles and Deeds, 2008, p.4)
Q:What is an Estate?
A:Estate represents the nature, extent, degree and quantity of a
persons interest in land.
Types of Estates:
1. Freehold Estate indicates title of ownership
a. Fee simple absolute title; conferred without
limitation, qualification or restriction
b. Fee tail pass title to grantee & his heirs
c. Life state held for duration of life of grantee
2. Less than Freehold Estate a right short of title
a.Estate for years lease for a period agreed upon,
lessor retains ownership of land
b.Tenancy from period to period leaserunning from
month to month or year to year with automatic renewal
c.Tenancy at will person is permitted tooccupy land of
another without stipulation as to period(Pena,Registration
of Land Titles and Deeds,2008,p.5)
Q:What is a Certificate of title?
A:Certificate of title is the transcript of thedecree of
registration made by the Register of Deeds in the registry. It
accumulates in one document a precise and correct statement of
the exact status of the fee simple title which an owner
possesses. (Agcaoili,Reviewer in Property Registration and Related
Proceedings, 2008, p. 245)
KINDS OF CERTIFICATE OF TITLE
1. Original Certificate of Title-first title issued in the
nameoftheregistered owner by the Register of
Deedscoveringa parcel of landwhich had been registered
under the Torrens system by virtue of a judicial or
administrative proceeding.
2. Transfer Certificate of Title-the subsequent certificate of
title that shall show the number of the next previous certificate
covering the same land and also the fact that it was originally
registered, giving the record number, the number of the
original certificate of title, and the volume and page of the
registration book in which the latter is found . (Section 43, P.D
No. 1529)
LAND REGISTRATION
Q:What is the concept of Land Registration?
A:Land Registrationis a judicial or administrative proceeding
whereby a person's claim of ownership over a particular land is
determined and confirmed or recognized so that such land and
the ownership thereof may be recorded in a public
registry.(Bilog,Land Titles and Deeds)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
157
Q:What is the nature of Land Registration?
A:Section 2 of Presidential Decree 1529 provides that Judicial
proceedings for the registration of lands throughout the
Philippines shall be in rem, and shall be based on the generally
accepted principles underlying the Torrens System.
Q:Is Registration a mode of acquiring ownership?
A:Registration is not a mode of acquiring ownership. It is only a
means of confirming the fact of its existence with notice to the
world at large. Certificates of title are not a source of right. The
mere possession of a title does not make one the true owner of
the property. (Ventura v. Abuda, GR No. 202932, October 23,
2013, citing Borromeo v. Descallar, G.R. No. 159310, February
24, 2009)
Q:What are the Laws implementing Land Registration?
A:The following are the laws implementing Land Registration:
Land Registration Act (Act No. 496)-established a system
of registration by which recorded title becomes absolute,
indefeasible, and imprescriptible. This is known as
the Torrens system. (Secretary of DENR v. Yap, GR No.
167707, October 8, 2008)
Cadastral Act (Act No. 2259)-an act providing for special
compulsory proceedings for the settlement and adjudication
of titles to lands.(Agcaoili, Reviewer in Property Registration
and Related Laws)
Property Registration Decree (PD No. 1529)-enacted to
codify the various laws relative to registration of property. It
governs registration of lands under the Torrens system as
well as unregistered lands, including chattel mortgages.
(Secretary of DENR v. Yap, GR No. 167707, October 8,
2008)
Public Land Act (CA No. 141)-governing the classification
and disposition of lands of the public domain other than
timber and mineral lands, and privately owned lands which
reverted to the State. (Collado v. Court of Appeals, G.R. No.
107764, October 4, 2002, 390 SCRA 343)
Indigenous Peoples Rights Act (RA No. 8371)-grants
ownership and possession to indigenous peoples of their
ancestral domains and ancestral lands, and defines the
extent of these lands and domains. The ownership given is
the indigenous concept of ownership under customary law
which traces its origin to native title. (Cruz v. Secretary of
DENR, GR. No. 135385, December 6, 2000)
TORRENS SYSTEM
Q:What is Torrens System of Registration?
A:Torrens System refers to the system of registration of
transactions with interest in land whose object is, under
governmental authority, to establish and certify to the ownership of
an absolute and indefeasible title to realty, and to simplify its
transfer.(Aquino, Land Registration and Related Proceedings,
2007, p.1)
Q: What are the purposes of land registration under the Torrens
System?
A:The real purpose of the Torrens system is to quiet title to land
and put a stop forever to any question as to the legality of the
title, except claims that were noted in the certificate at the time
of the registration or that may arise subsequent thereto.
Otherwise, the integrity of the Torrens system would forever be
sullied by the ineptitude and inefficiency of land registration
officials, who are ordinarily presumed to have regularly
 CIVIL LAW I REVIEWER
performed their duties. (Republic v. Guerrero, G.R. No. 133168, EFFECTS OF THE ISSUANCE OF A TORRENS TITLE
March 28, 2006, 485 SCRA 424) It is also to avoid possible 158
conflicts of title to real estate and to facilitate transactions 1.Land is placed under the operationof Torrens System;
relative thereto by giving the public the right to rely upon the 2. Land becomes Incontrovertible andIndefeasible;
face of a Torrens Certificate of the Title and to dispense with the
need of inquiring further, except when the party concerned had General Rule:Torrens certificate is evidence of an
actual knowledge of facts and circumstances that should impel a indefeasible title to property in favor of the person whose
reasonably cautious man to make such further inquiry (Pascua v. name appears thereon.(Republic vs. CourtofAppeals, G.R.
Capuyoc, 77 SCRA 78). No. 116111, January 21, 1999, 301 SCRA 366)
The Torrens system aims to decree land titles that shall be final,
irrevocable, and indisputable, and to relieve the land of the Exceptions:
burden of known as well as unknown claims. (Government of the a. If the land in possession of a rightful possessor in the
Philippine Islands v. Abural, 39 Phil. 996) concept of owner is fraudulently registered in the name of
another. (Aguilar v. Alfaro, G.R. No. 164402, July 5, 2010)
Q:What is the nature ofTorrens System of Registration? b.When title is secured by fraud and misrepresentation. (Republic
A:The proceedings for the registration of land titles under the v. Heirs of Felipe Alejaga, Sr, 441 Phil 656, 2002).
Torrens system is an action in rem, not in personam, personal c. The transferee is not a holder in good faith and did not acquire
notice to all claimants of the res is not necessary to give the land the subject properties for a valuable consideration. (Ventura v.
registration court jurisdiction to deal with and dispose of the res; Abuda, GR No. 202932, October 23, 2013, citing Borromeo v.
and neither may lack of such personal notice vitiate or invalidate Descallar, G.R. No. 159310, February 24, 2009)
the decree or title issued in a registration proceeding.
This rule is founded on the principle that the State, as 3. Land is relieved from all claims exceptthose noted thereon and
sovereign over the land situated within it, may provide for the provided by law;
adjudication of title in a proceeding in rem, which shall be
binding upon all persons, known or unknown. (Moscoso v. Court General Rule:A decree of registration bars all claims and rights
of Appeals, No. L-46439, April 24, 1984, 128 SCRA 705) which arose or may have existed prior to the decree of
registration. By the issuance of the decree, the land is bound and
ADMINISTRATION OF THE TORRENS SYSTEM title thereto quieted. (Cureg v. Intermediate Appellate Court,
G.R. No. 73465,September 7, 1989)
Land Registration Register of Deeds
Authority
Exceptions:
charged with the constitutes a public repository of a. Encumbrances noted in said certificate;
efficient execution of the records of instruments affecting
b. Liens, claims or rights arising or existing under the laws
laws relative to the registered or unregistered lands and
registration of landsand chattel mortgages in the province or and Constitution of the Philippines which are not by law
under the executive city wherein such office is situated required to appear of record in the Registry of Deeds in
supervision of the DOJ order to be valid;
Composition c.Unpaid real estate taxes levied and assessed within two
Administrator Register of Deeds years immediately preceding the acquisition of any right over
2 Deputy Administrators Deputy the land by an innocent purchaser for value; and
Functions d.Any public highway or private way established or
1.Extend speedy and 1. Immediately register an instrument recognized by law. (Section 44, P.D. No. 1529)
effective assistance in presented for registration dealing with
the implementation of real or personal property which 4. Title to the land becomes nonprescriptible; and
the land reform program complies with all the requisites for
of the government; registration.
General Rule:No title to registered land in derogation of the
2. Extend assistance to 2. See that said instrument bears the
courts in ordinary and proper documentary and science title of the registered owner shall be acquired by prescription
cadastral land stamps and that the same are properly or adverse possession. (Section 47, P.D. No. 1529)
registration proceedings; cancelled.
3. The central repository 3. If the instrument is not registerable, Exception:The registered landowner may lose his right to
of records relative to he shall forthwith deny registration recover the possession of his registered property by reason
original registration of thereof and inform the presentor of of laches. (Heirs of Nieto v. Municipality of Meycauayan,G.R.
lands titled under the such denial in writing, stating the No. 150654, December 13, 2007)
Torrens system ground or reason therefor, and
(P.D No. 1529) advising him of his right to appeal by
The complaint questioning the validity of the sale to petitioner
consulta.(P.D No. 1529)
Isabela Colleges was filed only after 42 years had lapsed.
Respondents could not feign ignorance of the sale because
Q:What is a Torrens title? petitioner had been in open, public, and continuous possession of
A:A Torrens title is the certificate of ownership issued under the the land which it had used as its school campus since 1949. Nieves
Tolentino claimed in her deposition that she and her husband Pablo
Torrens system of registration by the government thru the
Rivera intended to donate the land to the Isabela Colleges in
Register of Deeds naming and declaring the owner in fee simple exchange for their childrens free education, and that she started
of the real property described therein, free from all liens and suspecting that her husband had broken their agreement when the
encumbrances except such as may be expressly noted thereon or Isabela Colleges charged them tuition fees. She further claimed that,
otherwise reserved by law.(Philippine National Bank v. after some investigation, she discovered that Pablo Rivera had sold
Intermediate Appellate Court, G.R. No. 71753, 26 August 1989, the land to the Isabela Colleges. Yet, despite her discovery, she did
176 SCRA 736) not bring her action against petitioner until 1991, taking her 42
years before finally doing so. No reason had been given to explain
Note:The Torrens certificate of title is merely an evidence of ownership her delay.Indeed, even if the sale to petitioner was made in bad
or title in the particular property described therein. (Development Bank of faith, laches would nonetheless apply. (Isabela Colleges, Inc. v.
the Philippines v. Court of Appeals, G.R. No. 129471, April 28, 2000, 331 Heirs of Nieves Tolentino-Rivera, G.R. No. 132677, 20 October 2000,
SCRA 267). 344 SCRA 95)

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
5. Persons dealing with property covered by a Torrens Certificate
of Title are not required to go beyond what appears on the face
of the title. (PNB v. Dy, G.R. No. 183774, November
14, 2012)
General Rule:Person dealing with the owner of
registered land is not bound to go beyond the
certificate of title
Exception:When the purchaser or mortgagee is a
financing institution, due diligence required of banks
extended even to persons regularly engaged in the
business of lending money secured by real estate
mortgages. Their expertise or experience in dealing
with encumbrances on lands, not to mention
the public interest affecting their business, require
them to exercise more care and prudence in dealing
even with registered lands.
(Lloyds Enterprises v. Dolleton, G.R. No. 171373,
June 18, 2008)
Although it is a recognized principle that a person dealing on a registered
land need not go beyond its certificate of title, it is also a firmly settled
rule that where there are circumstances which would put a party on
guard and prompt him to investigate or inspect the property being sold to
him, such as the presence of occupants/tenants thereon, it is of course,
expected from the purchaser of a valued piece of land to inquire first into
the status or nature of possession of the occupants, i.e., whether or not
the occupants possess the land in the concept of the owner. The failure
of a prospective buyer to take such precautionary steps would mean
negligence on his part and would thereby preclude him from claiming or
invoking the rights of a purchaser in good faith. (PNB v. Heirs of Militar,
G.R. No. 164801, June 30, 2006)
REGALIAN DOCTRINE
Q:What is the Regalian Doctrine?
A:The Regalian Doctrine dictates all lands of whatever classification
and other natural resources not otherwise appearing to be clearly
within private ownership are presumed to belong to the State which
is the source of any asserted right to ownership of land. (Republic
v. Remnan Enterprises, Inc., GR No. 199310, Feb. 19, 2014)
Regalian doctrine which is embodied in Section 2, Article XII of the
1987 Constitution, all lands of the public domain belong to the State
which is the source of any asserted right to ownership of land. All
lands not appearing to be clearly within private ownership are
presumed to belong to the State. (Republic v. Lao, G.R. No.
150413, July 1, 2003, 405 SCRA 291)
Effects
The applicant must overcome the presumption that the land sought
to be registered forms part of the public domain. Unless public land
is shown to have been reclassified or alienated to a private person
by the State, it remains part of the inalienable public domain.To
overcome such presumption, incontrovertible evidence must be
shown by the applicant. Absent such evidence, the land sought to
be registered remains inalienable.(Republic v.Sese, G.R. No.
185092, June 4, 2014)
Any applicant for judicial confirmation of an imperfect title has the
burden of proving, by incontrovertible evidence, that the (a) land
applied for is alienable and disposable public land; and, (b) the
applicant, by himself or through his predecessors-in-interest had
occupied and possessed the land, in the concept of owner, openly,
continuously, exclusively, and adversely since June 12, 1945, or
earlier. (Pelbel Manufacturing Corporationv.CA, G.R. No. 141325,
July 31, 2006)
Property of the public domain is beyond the commerce of man and
not susceptible of private appropriation and acquisitive prescription.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
Occupation thereof in the concept of owner no matter how long
cannot ripen into ownership and be registered as a title.(Republic v. 159
Candy Maker, Inc., G.R. No. 163766, June 22, 2006)
NATIVE TITLE
Q:What is Native title?
A:Under Section 3 [l] of Indigenous Peoples Rights Act or R.A 8371,
Native Title refers to pre-conquest rights to lands and domains
which, as far back as memory reaches, have been held under a
claim of private ownership by Indigenous Cultural
Communities/Indigenous Peoples, have never been public lands
and are thusindisputably presumed to have been held that way
since before the Spanish Conquest.
Formal recognition, when solicited by Indigenous Cultural
Communities/Indigenous Peoples (ICCs/IPs) concerned, shall be embodied
in a Certificate of Ancestral Domain Title (CADT), which shall recognize the
title of the concerned ICCs/IPs over the territories identified and delineated.
Like a torrens title, a CADT is evidence of private ownership of land by
native title. Native title, however, is a right of private ownership peculiarly
granted to ICCs/IPs over their ancestral lands and domains. The IPRA
categorically declares ancestral lands and domains held by native title as
never to have been public land. Domains and lands held under native title
are, therefore, indisputably presumed to have never been public lands and
are private. (Cruz v. Secretary of DENR, GR. No. 135385, December 6,
2000)
Q:What is meaning of the term time immemorial possession?
A:The termtime immemorial possession refers to a period of time
when as far back as memory can go, certain Indigenous Cultural
Communities/Indigenous Peoples are known to have occupied,
possessed in the concept of owner, and utilized a defined territory
devolved to them, by operation of customary law or inherited from
their ancestors, in accordance with their customs and
traditions.(Section 3 [p] of R.A 8371)
All lands that were not acquired from the Government, either by purchase or
by grant, belong to the public domain. An exception to the rule would be
any land that should have been in the possession of an occupant and of his
predecessors in interest since time immemorial, for such possession would
justify the presumption that the land had never been part of the public
domain or that it had been a private property even before the Spanish
conquest. The applicant does not come under the exception, for the earliest
possession of the lot by his first predecessor in interest began in 1880.
(Decaleng v. PEC, G.R. No. 171209, June 27, 2012 citing Oh Cho v. Director
of Lands,75 Phil. 890, 1946)
CITIZENSHIP REQUIREMENT
The right to acquire lands of the public domain is reserved only
to Filipino citizens or corporations at least sixty percent of the
capital of which is owned by Filipinos.(Ting Ho, Jr. v. TengGui,
G.R. No. 130115, July 16, 2008)
INDIVIDUALS
Q:Who cannot acquire or hold lands?
A:
General Rule: Non-Filipinos cannot acquire or hold
title to private lands or to lands of the public domain.
(Cf. Ramirez vs. Vda. de Ramirez, 111 SCRA 704)
Exception:The instances when aliens may be
allowed to acquire private lands in the Philippines are:
1.By hereditary succession (Section 7, Article XII,
Philippine Constitution).
2. A natural-born citizen of the Philippines who has lost
his Philippine citizenship may be a transferee of private
lands, subject to limitations provided by law (Section 8,
Article XII, Philippine Constitution).
 CIVIL LAW I REVIEWER
3. A former natural-born Filipino citizen to acquire up to
5,000 square meters of urban land and 3 hectares or
ORIGINAL REGISTRATION
rural land, and he may now use the land not only for
160
residential purposes, but even for business or other The act of bringing property rights to a parcelof land under the
purposes. (Section 5, Republic Act No. 8179) coverage of the Torrens systems of registration. (Section 5 (v) of
4. Americans who may have acquired tile to private Implementing Guidelines on Electronic Registration of Land Titles
lands during the effectivity of the Parity Agreement and Deeds)
shall hold valid title thereto as against private persons.
(Section 11, Article XVII, 1973 Constitution) Note: Regional Trial Courts have plenary jurisdiction over land
registration proceedings and over all petitions filed after original
registration of titles. (Section 2, P.D No. 1529)
Citizens of the Philippines may lease not more than five hundred
First level courts may be delegated to hear and decide cadastral and land
hectares, or acquire not more than twelve hectares thereof, by purchase,
registration cases (a) covering lots without controversy or opposition, or
homestead, or grant. (Section 3, Article XII, 1987 Constitution).
(b) contested lots where the value does not exceed P100,000.00.
(Section 34B.PBlg. 129, as amended by R.A. No. 7691)
If land is invalidly transferred to an alien who subsequently becomes a
citizen or transfers it to a citizen, the flaw in the original transaction is
considered cured and the title of the transferee is rendered valid. (Halili APPLICATION
v. CA, 350 Phil. 906, 1998 citing United Church Board of World Ministries
vs. Sebastian, 159 SCRA 446) WHO MAY APPLY
P.D. No. 1529 C.A. No. 141 R.A. NO. 8371
Note:The ban on aliens is intended to preserve the nations land for
1.aThose who by 1. Citizen of the Individual
future generations of Filipinos, that aim is achieved by making lawful the
themselves or their Philippines over the members of
acquisition of real estate by aliens who became Filipino citizens by
predecessors-in- age of eighteen years, cultural
naturalization or those transfers made by aliens to Filipino citizens. As
interest have been in or the head of a family; communities, by
the property in dispute is already in the hands of a qualified person, a
open, continuous, 2. who does not own themselves or
Filipino citizen, there would be no more public policy to be protected. The
exclusive and notorious more than 24 hectares through their
objective of the constitutional provision to keep our lands in Filipino
possession and of land in the predecessors-in
hands has been achieved. (Borromeo v. Descallar, G.R. No. 159310,
occupation of alienable Philippines, may enter -interest, have
February 24, 2009)
and disposable lands of a homestead of not been in
the public domain exceeding twenty-four continuous
CORPORATIONS under a bona fide claim hectares of agricultural possession and
of ownership since land of the public occupation of
No private lands shall be transferred or conveyed except to June 12, 1945, or domain; (Section 12) the same in the
individuals, corporations, or associations qualified to acquire or earlier; 3. Those who by concept of
hold lands of the public domain. (Section 7, Article XII, 1987 2. Those who have themselves or through owner since:
Constitution). acquired ownership of their predecessors in a. the
private lands by interest have been in immemorial;
prescription under the open, continuous, b. period of not
Limitations
provisions of existing exclusive, and less than thirty
laws. notorious possession (30) years
1. Private Lands 3. Those who have and occupation of immediately
a. at least 60 percent of the capital of which is owned acquired ownership of agricultural lands of the preceding the
by Filipinos; (Section 3,Article XII, 1987 Constitution). private lands or public domain, under a approval of this
b.restricted as to extent reasonably necessary to enable abandoned river beds bona fide claim of Act and
it to carry out purpose for which it was created by right of accession or acquisition of uncontested by
c. if engage in agriculture limited to 1,044 acquired under existing ownership, since June the members of
laws; 12, 1945, or earlier. the same
4. Those who have (Section 48b, as ICCs/IPs(Section
2. Patrimonial property of the State acquired ownership of amended by P.D. 12)
land in any other 1073)
General Rule: Private corporations or associations manner provided for by
may not hold such alienable lands of the public domain law. (Section 14)
except by lease, for a period not exceeding twenty-five
years, renewable for not more than twenty-five years, REGISTRATION PROCESS AND REQUIREMENTS
and not to exceed one thousand hectares in area.
(Section 3, Article XII, Philippine Constitution) Q: What are the registration process and requirements under the
Torrens system?
Exception:Corporations may now acquire lands of the A: The registration process and requirements are as follows:
public domain for as long as the lands were already
converted to private ownership, by operation of law, as 1. Survey of land by the Bureau of Lands or a duly
a result of satisfying the requisite period of possession licensed private surveyor;
prescribed by the Public Land Act. (Heirs of Malabanan
v. Republic, G.R. No. 179987, September 3, 2013 No plan or survey may be admitted in land registration proceedings until
citing Director of Lands v. Intermediate Appellate Court, approved by the Director of Lands. The submission of the plan is a
No. L-73002, December 29, 1986) statutory requirement of mandatory character. Unless a plan and its
technical description are duly approved by the Director of Lands, the
A corporation sole by the nature of its Incorporation is vested with the same are of no value.(University of the Philippines v. Rosario, G.R. No.
right to purchase and hold real estate and personal property. It need not 136965, March 28, 2001)
therefore be treated as an ordinary private corporation because whether
or not it be so treated as such, the Constitutional provision involved will, 2. Filing of application for registration by the applicant;
nevertheless, be not applicable.(Republic v. Intermediate Appellate Court, Q:What is the form of the application?
No. 75042, November 29, 1988, 168 SCRA 165) A: The application for land registration shall be in writing, signed
by the applicant or the person duly authorized in his behalf, and
sworn. If there is more than one applicant, the application shall
be signed and sworn to by and in behalf of each. The application

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
shall contain a description of the land shall state the citizenship
and civil status of the applicant. It shall also state the full names
and addresses of all occupants of the land and those of the
adjoining owners. (Section 15 of P.D. No. 1529)
Q:What to Documents to accompany Application?
A: The following documents must accompany the application: a.
Tracing cloth plan duly approved by the Director of Lands, b.
three (3) copies of technical descriptions; c. three (3) copies of
surveyors certificate; d. all original muniments of title and four
(4)copies of certificate by city/provincial treasurer of assessed
value of land.
Original tracing cloth plan, duly approved by the Bureau of Lands, is a
mandatory requirement, the Court ruled that blueprint copies of the
original tracing cloth plan from the Bureau of Lands and other evidence
could also provide sufficient identification to identify a piece of land for
registration purposes. (Republic v. Aldana, G.R. No. 175578, August 11,
2010) The blueprint copy of the advanced survey plan may be admitted
as evidence of the identity and location of the subject property if: (a) it
was duly executed by a licensed geodetic engineer; (b) it proceeded
officially from the Land Management Services (LMS) of the DENR; and (c)
it is accompanied by a technical description of the property which is
certified as correct by the geodetic surveyor who conducted the survey
and the LMS of the DENR.(Republic v. Espinosa, G.R. No. 171514, July
18, 2012)
Q: Is Amendment allowed?
A: Yes. Amendments to the application including joinder,
substitution, or discontinuance as to parties may be allowed by
the court at any stage of the proceedings upon just and
reasonable terms.
Amendments which shall consist in a substantial change in the
boundaries or an increase in area of the land applied for or which
involve the inclusion of an additional land shall be subject to the
same requirements of publication and notice as in an original
application. (Section 19 of P.D. No. 1529)
The court may at any time order an application to be amended
by striking out one or more of the parcels or by a severance of
the application. (Section 18 of P.D. No. 1529)
3. Setting of the date for the initial hearing of the
application by the Court;
The court shall, within five days from filing of the application,
issue an order setting the date and hour of the initial hearing
which shall not be earlier than forty-five days nor later than
ninety days from the date of the order. (Section 23 of P.D. No.
1529)
While the date set by the trial court was beyond the 90-day period
provided for in Section 23, this fact did not affect the jurisdiction of the
trial court. The lapse of time between the issuance of the Order setting
the date of initial hearing and the date of the initial hearing itself was not
fatal to the application. It is unfair to punish an applicant for an act or
omission over which the applicant has neither responsibility nor control,
especially if the applicant has complied with all the requirements of the
law.(Republic v. Bantigue Point Development Corp., G. R. No. 162322,
March 14, 2012)
4. Transmittal of the application and the date of initial
hearing together with all the documents or other
evidences attached thereto by the Clerk of Court to the
Land Registration Commission;
5. Publication of a notice of the filing of the application
and date and place of the hearing in the Official Gazette;
Publication shall be sufficient to confer jurisdiction upon the
court. (Section 23 of P.D. No. 1529)
Commissioner of Land Registration shall cause notice of initial
hearing to be published once in the Official Gazette and once in a
newspaper of general circulation in the Philippines, addressed
toall persons appearing to have an interest in the land involved
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
including the adjoining owners. Said notice shall also require all
persons concerned to appear in court at a certain date and time 161
to show cause why the prayer of said application shall not be
granted.(Section 23 of P.D. No. 1529)
Publication in a newspaper of general circulation is mandatory for the
land registration court to validly confirm and register the title of the
applicant or applicants. All such requirements, including publication of the
Notice in a newspaper of general circulation, is essential and imperative,
and must be strictly complied with.(Republic v. Herbieto, G.R. No.
156117, May 26, 2005 citing Director of Lands v. Court of Appeals, July
28, 1997, 276 SCRA 270)
6. Service of notice upon contiguous owners, occupants
and those known to have interests in the property by the
sheriff;
a. By mailing. The Commissioner of Land Registration within
seven days after publication of said notice, cause a copy of the
notice of initial hearing to be mailed to:
1. Every person named in the notice whose address is
known;
2. Secretary of Public Highways, the Provincial
Governor and the Mayor when the applicant requests
to have the line of a public way or road determined
3. Secretary of Agrarian Reform, the Solicitor General,
the Director of Lands, the Director of Public Works, the
Director of Forest Development, the Director of Mines
and the Director of Fisheries and Aquatic Resources
when the land borders on a river, navigable stream or
shore, on an arm of the sea, lake, or if it otherwise
appears from the application or the proceedings that a
tenant-farmer or the national government may have a
claim adverse to that of the applicant
b. By posting. The Commissioner of Land Registration shall also
cause the notice of initial hearing to be posted by the sheriff at
least fourteen days at least before the date of initial hearing in a
conspicuous place:
1. On each parcel of land included in the application;
and
2. Bulletin board of the municipal building of the
municipality or city in which the land or portion thereof
is situated.
7. Filing of answer or opposition to the application by any
person whether named in the notice or not;
Any person, whether named in the notice or not, may appear
and file and opposition, based on right of dominion or some
other real right, to the application for registration. (Section 25,
P.D. No. 1529)
If no person appears and answers within the time allowed, the
court shall, upon motion of the applicant, no reason to the
contrary appearing, order a default to be recorded and require
the applicant to present evidence. All the world are made parties
defendant and shall be concluded by the default order. (Section
26, P.D. No. 1529)
Note:The petitioner is not necessarily entitled to have the land
registered under the Torrens system simply because no one appears to
oppose his title and to oppose the registration of his land. He must show,
even though there is no opposition to the satisfaction of the court, that
he is the absolute owner, in fee simple. Courts are not justified in
registering property under the Torrens system, simply because there is
no opposition offered. Courts may, even in the absence of any
opposition, deny the registration of the land under the Torrens system,
upon the ground that the facts presented did not show that the petitioner
is the owner, in fee simple, of the land which he is attempting to have
registered.(Republic v. Bacas, G.R. No. 182913, November 20, 2013
citing Director Lands Management Bureau v. CA, 381 Phil. 761, 2000)
The failure of the Republic to file any opposition or answer to the
application for registration, despite receipt of notice thereof, did not
deprive its right to appeal the RTC decision. (Heirs of Regalado v.
Republic, 516 SCRA 38, February 15, 2007)
 CIVIL LAW I REVIEWER
8. Hearing of the case by the Court;
The Court may conduct the following:
a. hear the parties and their evidence; and
b. refer the case to a referee who shall hear the parties
and their evidence
The referee shall submit his report thereon to the Court within
fifteen days after the termination of such hearing. Hearing before
a referee may be held at any convenient place. The court may
render judgment in accordance with the report as though the
facts have been found by the judge. However, the court may in
its discretion accept the report, or set it aside in whole or in part,
or order the case to be recommitted for further proceedings.
(Section 27, P.D. No. 1529)
9. Promulgation of judgment by the Court;
The Court may render:
a. Partial judgment-In a case where only a portion of the land
subject of registration is contested.
(Section 28,P.D. No. 1529)
b. Judgment confirming title- If the court finds that the
applicant or the oppositor has sufficient title proper for
registration, judgment shall be rendered confirming the
title of the applicant, or the oppositor, to the land or
portions thereof. (Section 29, P.D. No. 1529)
The judgment rendered in land registration proceedings becomes
final upon the expiration of thirty days to be counted from the
data of receipt of notice of the judgment. (Section 30, P.D. No.
1529)
10. Issuance of the decree by the Court declaring the
decision final and instructing the Land Registration
Commission to issue a decree of confirmation and
registration;
After the judgment directing the registration of title to land has
become final, the court shall, within fifteen days from entry of
judgment, issue an order directing the Land Registration
Commissioner to issue the corresponding decree of registration
and certificate of title.(Section 39, P.D. No. 1529)
11. Entry of the decree of registration in the Land
Registration Commission;
Under Section 31 of P.D. No. 1529, every decree of
registration shall bear the following:a. date, hour and minute of
its entry; b. signed by Administrator of the Land Registration
Authority; c. state whether the owner is married (name of
spouse) or unmarried. If the land is conjugalproperty, the decree
shall be issued in the name ofboth spouses; d. state the nature
of disability (if under disability), and if minor, his age;e.
description of the land as finally determined by the court; f. set
forth the estate of the owner, all particular estates, mortgages,
easements, liens,attachments, and other encumbrances,
including rights of tenant-farmers, if any, to which the land or
owner's estate is subject; and g. any other matters properly to
be determined.
Execution pending appeal is not applicable in a land registration
proceeding and the certificate of title thereby issued is null and void. A
Torrens title issued on the basis of a judgment that is not final is a
nullity, as it is violative of the explicit provisions of the Land Registration
Act which requires that a decree shall be issued only after the decision
adjudicating the title becomes final and executory, and it is on the basis
of said decree that the Register of Deeds concerned issues the
corresponding certificate of title.(Top Management Programs Corp. v.
Fajardo, GR No.150462, June 15, 2011)
12. Sending of copy of the decree of registration to the
corresponding Register of Deeds, and
13. Transcription of the decree of registration in the
registration book and the issuance of the owner's
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
duplicate original certificate of title to the applicant by
the Register of Deeds, upon payment of the prescribed 162
fees.
REMEDIES
Q: What are the remedies available to the parties in land
registration proceedings?
A: The following are the remedies available to the parties in land
registration proceedings:
1.Motion for New Trial/Motion for reconsideration-
available to the losing party in the land registration case during
the period within which to appeal and may be granted on the
following grounds: (Section 1, Rule 37 of the Rules of Court)
Motion for New Trial
a.Fraud, accident, mistake or excusable negligence
which ordinary prudence could not haveguarded against and by
reason of which such aggrieved party has probably been
impaired in his rights; or
b. Newly discovered evidence, which he could not, with
reasonable diligence, have discovered and produced at the trial,
and which if presented would probably alter the result.
Motion for reconsideration
c. The evidence is insufficient to justify the decision or final
order,
d. The decision or final order is contrary to law.
2. Appeal-shall be taken within fifteen (15) days from notice of
the judgment or final order appealed from.
3.Review of decree of registration-right of a person deprived
of land or of any estate or interest therein by adjudication or
confirmation of title obtained by actual fraud.
To avail of a petition for review, the following requisites must be
satisfied:(Eland Philippines, Inc. v. Garcia, G.R. No. 173289,
February 17, 2010 citing Walstrom v. Mapa, G. R. No. 38387,
January 29, 1990)
a. The petitioner must have an estate or interest in the
land;
b. He must show actual fraud in the procurement of the
decree of registration;
c. The petition must be filed within one year from the
issuance of the decree by the Land Registration
Authority; and
d. The property has not yet passed to an innocent
purchaser for value.
4. Action for Reconveyance-remedy granted to the rightful
owner of land which has been wrongfully or erroneously
registered in the name of another for the purpose of compelling
the latter to transfer or reconvey the land to him.
To warrant a reconveyance of the land, the following requisites
must concur:(New Regent Sources, Inc. v. Tanjuatco, Jr., G.R.
No. 168800, April 16, 2009)
a. The action must be brought in the name of a person
claiming ownership or dominical right over the land
registered in the name of the defendant;
b. The registration of the land in the name of the
defendant was procured through fraud or other illegal
means;
c. The property has not yet passed to an innocent
purchaser for value; and
d. The action is filed after the certificate of title had
already become final and incontrovertible but within
four years from the discovery of the fraud or not later
than 10 years in the case of an implied trust.
 CIVIL LAW I REVIEWER
5. Action for damages-remedy of the land owner whose
property has been wrongfully or erroneously registered in
another's name after one year from the date of the decree,
respecting the decree as incontrovertible, to bring an ordinary
action in the ordinary court of justice for reconveyance or, if the
property has passed into the hands of an innocent purchaser for
value, for damages. (Dare Adventure Farm Corporation v. CA,
G.R. No. 161122, September 24, 2012 citing Vda. De Recinto v.
Inciong, No. L-26083, May 31, 1977, 77 SCRA 196)
6. Action for reversion-instituted by the government, through
the Solicitor General, in all cases where lands of public domain
are held in violation of the Constitution or were fraudulently
obtained.(Hermosilla v. Remoquillo, GR No. 167320, January 30,
2007)
Private persons may not bring an action for reversion or any action which
would have the effect of cancelling a land patent and the corresponding
certificate of title issued on the basis of the patent, such that the land
covered thereby will again form part of the public domain. Only the OSG
or the officer acting in his stead may do so. Since the title originated
from a grant by the government, its cancellation is a matter between the
grantor and the grantee. (Cawis v. Cerilles, G.R. No. 170207 April 19,
2010)
7. Cancellation of title-a certificate of title may be annulled or
cancelled by the court under the following ground: (VSD Realty &
Development Corp. v. Uniwide Sales, Inc., G.R. No. 170677 July
31, 2013)
a. When the title is void becauseit was procured
through fraud, it was issued for a land already covered
by a prior Torrens title, it covers land reserved for
military, naval or civil public purposes, and it covers a
land which has not been brought under the registration
proceeding;
b. When the title is replaced by one issued under a
cadastral proceeding; and
c. When the condition for its issuance has been violated
by the registered owner.
8. Action for compensation from the Assurance Fund-
brought to recover for loss or damage or for deprivation of land
or any estate or interest therein arising wholly through fraud,
negligence, omission, mistake or misfeasance of the court
personnel, Register of Deeds, his deputy, or other employees of
the registry in the performance of their respective duties.
(Section 96, P.D. No. 1529)
9. Quieting of Title-for the removal of any cloud upon or doubt
or uncertainty with respect to title to real property. (Article 476
of the Civil Code)
10. Annulment of Judgment-ordinary remedies of new trial,
appeal, petition for relief or other appropriate remedies are no
longer available through no fault of the petitioner and based on
the grounds of extrinsic fraud which must be filed within four (4)
years from its discovery and lack of jurisdiction filed before it is
barred by laches or estoppel. (Sections 1, 2, 3 Rule 47 of the
Rules of Court)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
CADASTRAL REGISTRATION
163
It is a proceeding in rem, initiated by the filing of a petition for
registration by the government, not by the persons claiming
ownership of the land subject thereof, and the latter are, on the
pain of losing their claim thereto, in effect compelled to go to
court to make known their claim or interest therein, and to
substantiate such claim or interest.
Procedure in cadastral registration
1. Cadastral survey preparatory to filing of petition President
deemed that title to any unregistered lands be settled and
adjudicated, orders the Director of Lands to make acadastral
survey. The Director of Lands shall give notice to persons
claiming any interest in the lands and to the general public of the
day of the survey, such notice to be:
a. Published in the Official Gazette;
b. Posted in the places indicated; and
c. Sent to the municipal mayor, barangay captain,
sangguniang panlalawigan and sangguniang bayan concerned.
2. Filing of petition for registration
The Director of Lands, represented by the Solicitor General,
shall institute original registration proceedings against the
holders, claimants, possessors, or occupants of such lands.
The petition shall contain a description of the lands,
accompanied by a plan thereof, and include such other data as to
facilitate notice to all occupants and persons having a claim or
interest therein.
3. Notice of survey and publication
The Director of Lands shall give notice to persons claiming
any interest in the lands as well as to the general public of the
day on which the survey will begin, giving an accurate
description of the lands to be surveyed. The notice shall be
published once in the Official Gazette, and posted in the bulletin
board of the municipally.
A copy of the notice shall be sent tothe municipal mayor,
barangay captain, sangguniang panlalawigan and sangguniang
bayan concerned.
4. Filing of answer
Any claimant, shall file an answer and shall be signed and
sworn to by the claimant and shall state his status, his nationality
and postal address. The answer shall also contain thefollowing:
a. Age of the claimant;
b. Cadastral number of the lot or lots claimed;
c. Name of the barrio and municipality in which the lots are
situated;
d. Names and addresses of the owners of the adjoining lots
so far as known to the claimant;
e. If the claimant is in possession of the lots claimed, the
length of time he has held such possession and that of his
predecessors, and the manner in which it has been acquired;
f. If the claimant is not in possession or occupation of the
land, the interest claimed by him and the time and manner of
his acquisition;
g. The last assessed value of the lot/lots; and
h. The encumbrances, if any, affecting the lots and the
names of adverse claimants, as far as known
5. Hearing of the petition
The trial of the case may occur at any convenient place within
the province in which the lands are situated and shall be
conducted, and orders for default and confessions entered, in the
same manner as in ordinary land registration proceedings and
shall be governed by the same rules.
 CIVIL LAW I REVIEWER
6. Judgment VOLUNTARY DEALINGS INVOLUNTARY
All conflicting interests shall be adjudicated by the court and DEALINGS
decrees awarded in favor of the persons entitled to the lands or Nature 164
to parts thereof and such decrees shall be the basis for issuance (Autocorp Group v. CA, G.R. No. 157553, September 8, 2004)
willful act of the registered pertaining to a transaction
of original certificates of title in favor of said persons and shall
owner of the land to be affected affecting lands in which the
have the same effect as certificates of title granted on application by registration registered owners cooperation is
for registration of land under ordinary land registration not needed and which
proceedings. transaction may even be done
7. Issuance of Decree and Certificate of Title against his will
Kinds
such as a sale, mortgage, leas, such as an attachment, levy upon
SUBSEQUENT REGISTRATION real property mortgage, pacto de execution, lispendens sale on
retro sale, extra-judicial execution of judgement or sales
A proceeding where incidental matters after original registration settlement, free patent/ for taxes, adverse claims and the
may be brought before the land registration court by way of homestead and the like like
motion or petition filed by the registered owner or a party in
Owners Duplicate Certificate of Title
interest.
(Autocorp Group v. CA, G.R. No. 157553, September 8, 2004)
necessary not only to register the not require the presentation of
RULES ON EFFECTS OF REGISTRATION deed, instrument or assignment, the owners duplicate
1. An owner of registered land may convey, mortgage, lease, mortgage, or lease in the entry certificate of title and considers
charge or otherwise deal with the same in accordance with book of the register of deeds, but the annotation of such
existing laws. No deed, mortgage, lease, or other voluntary a memorandum thereof must also instrument upon the entry
be made on the owners duplicate book, as sufficient to affect the
instrument, purporting to convey or affect registered land shall
and on its original real estate to which it relates
take effect as a conveyance or bind the land, Reason: registered owner of the Reason: registration is contrary
land to be affected by registration to the interest of the
Exceptions: is presumed to be interested in registered owner or will affect
a. Wills registering the instrument and him adversely, it is but natural
b. If operate only as a contract between the parties would willingly surrender, present that he will not willingly
c. as evidence of authority to the Register of Deeds to make or produce his duplicate certificate present or produce his
registration.(Section 51, P.D. No. 1529) of title to the register of deeds in duplicate certificate or at least
order to accomplish such delay the production as long as
registration possible
2. It is only the act of registering the instrument in the Register Effects of registration
of Deeds of the province of city where the land lies which is the (Dr.Caviles, Jr. v. Bautista, 377 Phil. 25, 1999)
operative act that conveys ownership or affects the land insofar if the owner's duplicate entry thereof in the day book
as third persons are concerned. (Section 51, P.D. No. 1529) certificate be not surrendered is a sufficient notice to all
and presented or if no payment persons of such adverse
3. Registration, filing and entering of every conveyance, of registration fees be made claim
mortgage, lease, lien, attachment, order, judgment, instrument within fifteen (15) days, entry in
or entry affecting registered land in the office of the Register of the day book of the deed of sale
does not operate to convey and
Deeds shall be constructive notice to all persons from the time of
affect the land sold.
such registering, filing or entering.(Section 52, P.D. No. 1529)
Q: What is the process of registrationof voluntary instruments?
Registration is a mere ministerial act by which a deed, contract, or
instrument is sought to be inscribed in the records of the Office of the A: 1. Deed or other voluntary instrument shall contain the
Register of Deeds and annotated at the back of the certificate of title following:
covering the land subject of the deed, contract, or instrument. While it a. grantees or other persons (acquiring or claiming an
operates as a notice of the deed, contract, or instrument to others, it interest) full name, nationality, residence, civil status
does not add to its validity nor converts an invalid instrument into a valid b. corporation or association, recital to show that such
one as between the parties, nor amounts to a declaration by the state corporation or association is legally qualified to acquire
that the instrument is a valid and subsisting interest in the land.33 The private lands.
registration of petitioners void deed is not an impediment to a
declaration by the courts of its invalidity.(Fudot vs. Cattleya Land Inc.,
G.R. No. 171008 , Sept. 13, 2007) 2. File instrument creating or transferring interest and certificate
of title with Register of Deeds together with:
a. Owners duplicate-Issuance of a transfer certificate of title
VOLUNTARY DEALINGS to the purchaser without the production of the owners
duplicate is illegal and does not confer any right to the
Registration of Voluntary Instruments purchaser. The Registrar of Deeds must, therefore, deny
Q: Is registration required for validity of voluntary instruments? registration of any deed or voluntary instrument if the
A: No. The act of registration shall be the operative act to owners duplicate is not presented in connection therewith.
convey or affect the land insofar as third persons are concerned. (Manotok Realty, Inc. v. Clt Realty Development Corp., G.R.
Unless and until the subject transaction has been filed or No. 123346, March 31, 2009)
registered in the office of the Register of Deeds, the transaction b. Payment of fees and taxes
shall only be binding on the parties to the contract but not on the
third person. The instrument is not thereby rendered void by 3. Register of Deeds shall keep a primary entry book, note in
failure to register. (Ching v. Enrile, G.R. No. 156076, September such book the date, hour and minute of reception of all
17, 2008) instruments. The instruments shall be attested and sealed by the
Register of Deeds.

4. Certified copies of all instruments filed and registered may be

obtained from the Register of Deeds.

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
A. Procedure in registration of conveyances
1. Involves entire property (Section 57, P.D. No. 1529)
a. Owner shall execute and register a deed of conveyance
b. The Register of Deeds shall make a new certificate of title
to the grantee and shall prepare and deliver to him an
owner's duplicate certificate.
c. The Register of Deeds shall note upon the original and
duplicate certificate the date of transfer, the volume and
page of the registration book and stamped cancelled" on
the original and the owner's duplicate of the grantor's
certificate.
d. The deed of conveyance shall be filled and indorsed with
the number and the place of registration of the certificate of
title of the land conveyed.
2. Involves portion of property (Section 58, P.D. No. 1529)
a. The original of the plan, together with a certified copy of
the verified technical descriptions shall be filed with the
Register of Deeds for annotation;
b. The Register of Deeds for annotation shall issue a new
certificate of title to the grantee for the portion conveyed, and
at the same time cancel the grantor's certificate partially with
respect only to said portion conveyed, or, if the grantorso
desires, his certificate may be cancelled totally and a new
one issued to him describing therein the remaining
portion
Note: Subsisting encumbrances or annotations appear in the registration
book, shall be carried over and stated in the new certificate or
certificates; except so far as they may be simultaneously released or
discharged.(Section 59, P.D. No. 1529)
B. Registration of Mortgage or lease (Section 60-62, P.D.
No. 1529)
Such deed of mortgage or lease and all instruments shall
take effect upon the title only from time of registration.
1. Presentation of deed of mortgage or lease together with the
owner's duplicate to the Register of Deeds
2. The Register of Deeds shall enter upon the original of the
certificate of title and also upon the owner's duplicate certificate
a memorandum, the date and time of filing and the file number
assigned to the deed, and shall sign the said memorandum.
3. The Register of Deeds shall note on the deed the date and
time of filing and a reference to the volume and page of the
registration book in which it is registered.
Note:A mortgage or lease on registered land may be discharge or
cancelled by means of an instrument executed by the mortgage or
lessee, which shall be filed with the Register of Deeds who shall make
the appropriate memorandum upon the certificate of title.
C. Registration of Power of attorney. (Section 64, P.D. No.
1529)
Conveying and revoking power of attorney dealing with
registered land shall be registered with the Register of Deeds of
the province or city where the land lies.
D. Registration of Trusts
1. Trusts in registered land. (Section 65, P.D. No. 1529)
a. By memorandum entering the words "in trust", or other
apt words, and reference by number to the deed authorizing
or creating the same; or
b. By memorandum upon the original instrument declaring
the trust with a reference by number, volume and page in the
registration book in which the certificate of title is registered.
2. Trust with power of sale. . (Section 66, P.D. No. 1529)
Stated in the certificate of title by the words "with power to
sell", or by apt words of description in case of other powers.
Note: No instrument which transfers or in any way deals with registered
land in trust shall be registered, unless the enabling power is expressly
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
conferred in the instrument, or unless a final judgment or order of a
court of competent jurisdiction has construed the instrument in favor of
the power, in which case a certified copy of such judgment or order may 165
be registered.
3. Judicial appointment of new trustee (Section 67, P.D. No.
1529)
A new certificate may be issued upon presentation to the
Register of Deeds of a certified copy of the order or judicial
appointment and the surrender for cancellation of the duplicate
certificate.
4. Implied trusts. (Section 68, P.D. No. 1529)
Filing of registration with the Register of Deeds a sworn
statement thereof containing the following:
a. Description of the land,
b. Name of the registered owner
c. Reference to the number of the certificate of title.
Note: Such claim shall not affect the title of a purchaser for value and in
good faith before its registration.
INVOLUNTARY DEALINGS
Q: What are Involuntary Dealings?
A: These are writs, orders, or processes issued by the court of
record affecting registered land which by law should be
registered to be effective, and also to such instruments which are
not the wilful acts of the of the registered owner and which may
have been executed even without his knowledge or against his
consent.
These are transactions affecting land in which cooperation of
registered owner is not needed, or even against his
will.(Autocorp Group v. CA, G.R. No. 157553, September 8,
2004)
Q: Must involuntary dealings be registered?
A: Yes. It is the act of registration which creates a constructive
notice to the whole world of such instrument or court writ or
process and is the operative act that conveys ownership or
affects the land insofar as third persons are concerned.(Aquino,
Land Registration and Related Proceedings)
The following are Involuntary Dealing transactions:
1. Attachment
2. Sale on execution of judgment or sales for taxes
3. Adverse claims
4. Notice of lis pendens
1. Attachment
Attachment is a writ issued at the institution or during the
progress of an action commanding the sheriff to attach the
property, rights, credits, or effects of the defendant to satisfy
demands of the plaintiff.(Section 69, P.D. No. 1529)The kinds of
Attachment are:
a. Preliminary
b. Garnishment
c. Levy on Execution
A. Registration of Attachment and other Liens
1. Copy of writ in order to preserve any lien, right or attachment
upon registered land may be filed with the Register of Deeds
Where the land lies, containing number of certificate of title of
land to be affected or description of land.(Section 69, P.D. No.
1529)
2. Register of Deeds to index attachment in names of both
plaintiff and defendant or name of person whom property is held
or in whose name stands in the records.
3. If duplicate of certificate of title is not presented:
a. Register of Deeds shall within thirty six (36) hours send notice
to registered owner by mail stating that there has been
 CIVIL LAW I REVIEWER
registration and requesting him to produce duplicate so that
memorandum be made.
b. If owner neglects or refuses, Register of Deeds shall report
matter to court.
c. Court after notice shall enter an order to owner to surrender
certificate at time and place to be named therein.
4. Although notice of attachment is not noted in duplicate,
notation in book of entry of Register of Deeds produces effect of
registration already.
B. Effect of Registration of Attachment
1. Created real right
2. Has priority over execution sale
3. But between two (2) attachments, one that is earlier in
registration is preferred.
4. If it is not registered, actual knowledge is the same as
registration.
C. Duty of the Register of Deeds
It is ministerial but it may refuse registration in the following
circumstances:
a. Title to land is not in the name of defendant.
b. No evidence is submitted to show that he has present or
possible future interest in the land. The exception is when the
petitioner is an heir.(Gautuco& Co. v. Register of Deeds of
Tayabas, 59 Phil 756)
D. Grounds upon which Attachment may Issue
(Section 1, Rule 57 of the Rules of Court)
At the commencement of the action or at any time before entry
of judgment, a plaintiff or proper party may have the property of
the adverse party attached as security for the satisfaction of any
judgment that may be recovered in, among others, the following
cases:
1. In an action to recover the possession of property unjustly or
fraudulently taken, detained, or converted, when the property or
any part thereof has been concealed, removed or disposed of, to
prevent its being found or taken by the applicant or an
authorized person
2. In an action against a party who has been guilty of fraud in
contracting the debt or incurring an obligation upon which the
action is brought, or in the performance thereof
3. In an action against a party who has removed or disposed of
his property, or is about to do so, with intent to defraud creditors
Note: A preliminary attachment may be validly applied for and granted
ex parte before a defendant is summoned since the phrase at the
commencement of action refers to the date of the filing of the complaint
and before the summon is being served on the defendant.
E. Discharge of Attachment
1. An attachment may be discharged upon giving a counterclaim
or on the ground that the same was improperly or irregularly
issued or enforced, or that the bond is insufficient
2. By the dissolution of an attachment levied on the defendants
property, though the filing of the bond, the released property
becomes free and no longer liable to the results of the
proceeding in which it was attached. Consequently, the act of the
defendant, hose property has been attached, in mortgaging the
released property to a third person, is not a conveyance in fraud
of creditors, since the transaction is legal and valid, and since the
presumption of fraud doesnt arise when there is security in favor
of the creditor.
F. Knowledge of a Prior Unregistered Interest is
Equivalent to Registration
1. In case of conflict between a vendee and an attaching
creditor, an attaching creditor who registers the order of
attachment and the sale of property to him as the highest bidder
acquires a valid title to the property, as against a vendee who
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
had previously bought the same property from the registered
owner but who failed to register his deed of sale. 166
2. Registration is the operative act that binds or affect the land
insofar s thirds persons are concerned
3. But where a party has knowledge of a prior existing interest
which is unregistered at the time he acquired a right to the same
land, his knowledge of that prior unregistered interest has the
effect of registration as to him.
2. Sale on Execution
Q What is a Sale on Execution?
A: It is a sale of property by the sheriff under authority of a
courts writ of execution in order to satisfy an unpaid obligation.
A. Execution Sale
1. To enforce a lien of any description on registered land, any
execution or affidavit to enforce such lien shall be filed with the
Register of Deeds where the land lies.(Section 74 of PD 1529)
2. Register in registration book and memorandum upon proper
certificate of title as adverse claim or as an encumbrance.
3. To determine preferential rights between two liens: priority of
registration of attachment.
B. Tax Sale
1. Sale of land for collection of delinquent taxes and penalties
due to the government.
2. It is an action in personam. All persons interested shall be
notified so that they are given opportunity to be heard.
3. Notice to be given to delinquent tax payer at last known
address.
4. Publication of notice must also be made in English, Spanish
and local dialect, and posted in a public and conspicuous place in
the place where the property is located and at the main entrance
of the provincial building.
5. Sale cannot affect right of other lien holders unless given right
to defend their rights. Due process must be strictly observed.
6. Tax lien is superior to attachment.
7. No need to register tax lien because it is automatically
registered once the tax accrues.
8. Sale of registered land to foreclose a tax lien needed to be
registered.
C. Procedure of Registration of Tax Sale
1. Officers return shall be submitted to the Register of Deeds
together with duplicate title.
2. Register in Registration Books.
3. Memorandum shall be entered in certificate as an adverse
claim or encumbrance.
4. After period of redemption has expired and no redemption (2
years from the registration of the auction sale) has been made,
there shall be a cancelation of the title and an issuance of a new
one.
5. Before cancellation, notice shall be sent to the registered
owner to surrender title and to show cause why it should not be
cancelled.
Note: Actual knowledge is equivalent to registration.
Q: When is the date of auction sale reckoned?
A: For purposes of determining preference of rights between two
or more lien holders of the same property, an auction sale made
by virtue of a preliminary attachment duly recorded retroacts to
the date of the attachment lien. The preference enjoyed by the
lien of attachment would be meaningless and illusory if
preference should not, in like manner, be given to the auction
sale. It was for this reason that the SC invariably held that
auction sale retroacts to the date of the attachment.(Philippine
Executive Commission v. Abadilla, et. al., 74 Phil. 68) A levy on
execution takes precedence over a prior unregistered sale and
that even if the prior sale is subsequently registered before the
sale in the execution but after the levy was duly made, the
 CIVIL LAW I REVIEWER
preferred right under the execution sale should be maintained
because it retroacts to the date of the levy.(Defensor. v. Brillo,
98 Phil 427)
Q: Which is preferred in case of conflict between rights under
two attachments pursuant to which execution sales were made?
A: In case of conflict between the rights under two attachments
pursuant to which execution sales were subsequently held, the
property involved being unregistered under the Torrens system,
the priority is generally determined by the priority of registration
not of the execution sales but of the attachment. The auction
sales being merely the completion of the attachment liens,
should relate back to the latter and enjoy the same
priority.(Asturias Sugar Central v. Segovia, 109 Phil. 383)
Q: Does warranty apply in execution sales?
A: No. The purchaser at an execution sale should bear in mind
that the rule of caveat emptor applies to such sales, that the
sheriff does not warrant the title to the real property sold by him
as the auctioneer, and that it is neither incumbent upon him to
place the purchaser in possession of the subject property (Pabico
v. OngPauco, 43 Phil 572).
Q: What is the effect of not giving a notice to taxpayer?
A: Tax delinquency sale requires personal notice to taxpayer and
also to the public in general. This is an essential and
indispensable requirement of law, the non-fulfilment of which
vitiates the sale.
3. Adverse Claims
Q: What is an adverse claim?
A: It is a notice to third persons that someone is claiming an
interest on the property or has a better right than the registered
owner thereof. The disputed land is subject to the outcome of
the dispute.(Sajonas v. CA, 258 SCRA 79)
Q: When is there an adverse claim?
A: A claim is adverse when: (a) A claimants right or interest in
registered land is adverse to the registered owner; (b) Such right
arose subsequent to the date of original registration; (c) No
other provision is made in the Decree for the registration of such
right or claim.(Section 70 of PD 1529)A mere money claim
cannot be registered as an adverse claim.(Sanchez v. CA, 69
SCRA 327)
Q: What is the duration of an adverse claim?
A: Thirty (30) days from the date of registration. After that, the
annotation of adverse claim may be cancelled upon filing of a
verified petition by the party in interest. When cancelled, no
second adverse claim based on the same ground may be
registered by the same claimant.
A. Formal Requisites for Purposes of Registration
1. Adverse claimant must state the following in writing:
a. His alleged right or interest.
b. How and under whom such alleged right or interest is
acquired.
c. Description of the land in which the right or interest is
claimed.
d. certificate of title number.
2. Such statement must be signed and sworn to before a notary
public.
3. Claimant shall state his residence all place to which all notices
may be served upon him.
Note: Non-compliance with the above requisites renders the adverse
claim non-registerable andineffective.
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
B. Registration of Adverse Claim
File a sworn statement with the Register of Deeds of the 167
province where the property is located, setting forth the basis of
the claimed right thereto. (Agcaoili, Property Registration and
Related Proceedings, 2006, p. 538)
Note: Entry of the adverse claim filed on the day book is sufficient
without the same being annotated at the back of the corresponding
certificate of title. (Director of Lands v. Reyes, Feb. 27, 1976)
Q: What is the effect of the registration of an adverse claim?
A: It renders the adverse claim effective and any transaction
regarding the disputed land shall be subject to the outcome of
the dispute. (Aquino, Land Registration and Related Proceedings,
2007, p.217)
Q: What is the effect of non-registration of an adverse claim?
A: The effect of non-registration and invalid registration of an
adverse claim renders it ineffective for the purpose of protecting
the claimants right or interest on the disputed land, and could
not thus prejudice may right that may have arisen thereafter in
favor of third parties. (Aquino, Land Registration and Related
Proceedings, 2007, p.217)
Q: May an adverse claim exist concurrently with a subsequent
annotation of a notice of lispendens?
A: Yes. An adverse claim may exist concurrently with a
subsequent annotation of a notice of lispendens. When an
adverse claim exists concurrently with a notice of lispendens, the
notice of adverse claim may be validly cancelled after the
registration of such notice, since the notice of lispendens also
serves the purpose of the adverse claim. (Agcaoili, Registration
Decree and Related Laws, 2006, p. 539)
Q: What is the effect of the expiration of the period of affectivity
of an adverse claim?
A: The expiration does not ipso facto terminate the claim. The
cancellation of the adverse claim is still necessary to render it
ineffective, otherwise, the inscription will remain annotated an
shall continue as a lien to the property. (Agcaoili, Reviewer,
2008, p. 342)
Q: May the Register of Deeds cancel an adverse claim?
A: No, it cannot, on its own automatically cancel the adverse
claim.
Note: Before the lapse of the 30-day period, the claimant may file a
sworn petition withdrawing his adverse claim, or a petition for
cancellation of adverse claim may be filed in the proper RTC. (Aquino,
Land Registration and Related Proceedings, 2007, p.219)
Q: What must an interested party do if he seeks the cancellation
of the registered adverse claim?
A: The interested party must file with the proper court a petition
for cancellation of adverse claim, and a hearing must also be
conducted.
An adverse claimant must be one who claims any right or interest in
registered land adverse to the registered owner, arising subsequent to
the original registration. That interest is registerable as an adverse claim
if no other provision is made for its registration. The claim of a person
that she has hereditary rights in the land fraudulently registered in her
sisters name because the land belonged to their mother, whose estate is
pending settlement in a special proceeding, is a registerable as an
adverse claim. And even though the will is yet pending probate. (Arrazola
v. Bernas)
An adverse claim does toll the running of the prescriptive period to
demand for specific performance based on a contract of sale. The
procedure for registration of voluntary instruments is provided for by law.
But where the vendor refuses to deliver to the vendee the owners
duplicate certificate of title, which title must be presented in order that
the deed of conveyance may be registered and the corresponding TCT
 CIVIL LAW I REVIEWER
may be issued, the vendee may file an adverse claim.The adverse claim
here was ineffective because for an adverse claim to be valid it must be
shown that a demand was made on the vendor and that he refused to
surrender the owners duplicate certificate of title. (Leonardo v. Maravilla)
4. Lis Pendens
Q: What is lis pendens?
A: It literally means a pending suit. The doctrine of lispendens
refers to the jurisdiction, power, or control which a court acquires
over property involved in a suit, pending the continuance of the
action, and until final judgment. (Agcaoili, Reviewer, 2008, p.
343) It merely creates a contingency and not a lien. It does not
produce any right or interest which may be exercised over the
property of another. It only protects the applicants right which
will be determined during trial. (Aquino, 2007, p. 221)
Q: What is the purpose of a lispendens?
A: The purpose of a lispendens is to constructively advise, or warn all
people who deal with the property that they so deal with it at their
own risk, and whatever rights they may acquire in the property in any
voluntary transaction are subject to the results of the action, and may
well be inferior and subordinate to those which may be finally
determined and laid down therein. (Heirs of Marasigan v. IAC, 152
SCRA 253)
A. When Notice LisPendens is Proper. (Section 76 of PD
1529)
1. To recover possession of real estate
2. To quiet title thereto
3. To remove clouds upon the title thereof
4. For partition
5. Any other proceeding of any kind in court directly affecting
the:
a. Title to the land or
b. The use of occupation thereof or
c. The building thereon.(Magdalena Homeowners Assn.
v. CA, 184 SCRA 325
B. Notice of LisPendens Has No Application in the
Following
1. Preliminary attachments
2. Proceedings for the probate of wills
3. Levies on execution
4. Proceedings for administration of estate of deceased person
5. Proceedings in which the only object is the recovery of a
money judgment. (Noblejas, Registration Of Land Title and
Deeds,
C. Effects of Registration
1. Impossibility of alienating the property in dispute during the
pendency of the suit
2. It may still be alienated but the purchaser is subject to the
final outcome of pending suit
3. Registy of Deeds is duty-bound to carry over notice of
lispendens on all new titles to be issued.
Q: What is Carry-over of Encumbrances?
A: It means that if, at the time of any transfer, subsisting
encumbrances or annotations appear in the registration book,
they shall be carried over and stated in the new certificate or
certificates, except so far as they may be simultaneously released
or discharged. (Section 59 of PD 1529)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
D. Cancellation of LisPendens
Before judgement, the court may order the cancellation:
1. After showing that notice is only for the purpose of molesting
168
an averse party
2. When it is shown that it is not necessary to protect the right of
the party who caused the registration thereof
3. When the consequences of the trial are unnecessarily delaying
the determination of the case to the prejudice of the other party
4. When the evidence so far presented by the plaintiff does not
bear out the main allegations of the complaint
5. Upon verified petition of the party who caused the registration
thereof.
6. It is deemed cancelled after final judgment in favour of
defendant, or other disposition of the action, such as to
terminate all rights of the plaintiff to the property involved.
E. Statutory Liens Not Barred Even Though Not Noted in the Title
1. Liens, claims or rights arising or existing under the laws and
the Constitution, not required by law in record of the ROD.
2. Unpaid real estate taxes levied and assessed within two (2)
years immediately preceding the acquisition of any right over the
land by an innocent purchase for value without prejudice to the
right of the government to collect taxes payable before that
period from the delinquent taxpayer alone
3. Public highway or private way established or recognized by
law or any government irrigation canal or lateral thereof
4. Any disposition of the property or limitation on the use thereof
by virtue of laws or regulation on agrarian reform. (Section 44 of
PD 1529)
NON-REGISTRABLE PROPERTIES
Non-registrable properties are the inalienable lands of the public
domain and lands already validly registered under the Torrens
system.
Q: What are non-registrable lands?
A: These are properties of the public dominion, which under
existing legislation, are not the subject of private ownership and
are reserved for public purposes. (Aquino, 2007, p. 38) These
are intended for public use, public service or development of the
national wealth. They are outside the commerce of men, and
therefore, not subject to private ownership.
Q: What are specific non-registrable lands?
A: The following are non-registrable lands
1.Property of public domain or thoseintended for public use, public
service or development of the national wealth
2. Forest or timber lands, public forest, forest reserves
3. Water sheds
4. Mangrove swamps
5. Mineral lands
6. Parks and plazas
7. Military or naval reservations
8. Foreshore lands and seashore
9. Reclaimed lands
10. Submerged areas
11. River banks, navigable rivers, streams and creeks
12. Lakes
13. Reservations for public and semi-public purposes
14. Alluvial deposit along river when man-made
15. Others of similar character
NOTE: Grazing lands are not alienable under Section 1, Article XIII of the
1935 Constitution and Sections 8, 10 and 11 of Article XIV of the 1973
Constitution. While the 1987 Constitution does not specifically provide that
grazing lands are not disposable, yet if such lands are part of a forest
reserve, there can be no doubt that the same are incapable of
registration. (Director of Lands vs. Rivas, 141 SCRA 329, 335)
 CIVIL LAW I REVIEWER
A. Classifications of Lands of the Public Domain
The classification is an exclusive prerogative of the executive, not
the judiciary branch. Anyone who has applies for confirmation of
imperfect title has the burden of proof to overcome the
presumption that the land sought to be registered forms part of
the public domain.
1. Under the 1987 Constitution
a. Agriculturalthe only one subject to alienation
b. Forest or timber
c. Mineral lands
d. National park
2. Under the Public Land Act
a. Alienable/disposable
a.1. Agricultural
a.2. Residential, commercial, industrial
2.3. Educational, charitable
2.4. Town sites and for pubic and quasi-public uses
b. Timber lands: inalienable
c. Mineral lands: inalienable
GENERAL RULE: If patent or title is issued, it is void abinitio for
lack of jurisdiction.
It is not subject to acquisitive prescription even if in possession
for a long time, it will not ripen to ownership.
EXCEPTION: Mineral lands and forest lands acquired before
inauguration of Commonwealth in November 15, 1935 because
there are vested rights which are protected.
A mere surveyor has no authority to reclassify lands of the public domain.
By relying solely on the said surveyors assertion, petitioners have not
sufficiently proven that the land in question has been declared alienable.
Land of the public domain, to be the subject of appropriation, must be
declared alienable and disposable either by the President or the Secretary
of the DENR.(Republic v. De Joson, G.R. No. 163767. March 10, 2014)
Only when the property has become patrimonial can the prescriptive
period for the acquisition of property of the public domain begin to run.
(Malabanan vs. Republic, 587 SCRA 172)
It is elementary in the law governing natural resources that forest lands cannot
be owned by private persons. It is not registerable and possession thereof, no
matter how lengthy, cannot convert it into private property, unless such lands
are reclassified and considered disposable and alienable. (Spouses Palomo, et.
al., v. CA, et. al., G.R. No. 95608)
The usual proviso requiring the reservation to be subject to private rights
simply means that persons claiming rights over the reserved land are not
precluded from proving their claims.(Republic v. Fabio, G.R. No. 159589,
Dec. 23, 2008)
To qualify as foreshore land, it must be shown that the land lies between
the high and low water marks and is alternately wet and dry according to
the flow of the tide. The land's proximity to the waters alone does not
automatically make it a foreshore land. (Almagro v. Kwan, 634 SCRA
250)
The notation made by a surveyor-geodetic engineer that the property
surveyed is alienable and disposable is not the positive government act
that would remove the property from the inalienable domain. Neither it is
the evidence accepted as sufficient to controvert the presumption that
the property is inalienable.(Republic v. Espinosa G.R.NO. 171514, July
18, 2012)
Foreshore and submerged areas irrefutably belonged to the public
domain and were inalienable unless reclaimed, classified as alienable
lands open to disposition and further declared no longer needed for
public service. The fact that alienable lands of the public domain were
transferred to the PEA (now PRA) and issued land patents or certificates
of title in PEAs name did not automatically make such lands
private.(Chavez v. Public Estates Authority and AMARI Coastal
Development Corporation, G.R. No. 133250, July 9, 2002)
The subject reclaimed lands are still part of the public domain, owned by
the State and, therefore, exempt from payment of real estate taxes.
Here, the subject lands are reclaimed lands, specifically portions of the
foreshore and offshore areas of Manila Bay. As such, these lands remain
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
public lands and form part of the public domain.(Republic v. Paraaque,
G.R.NO. 191109, July 18, 2012)
169
Q: How are public lands suitable for agricultural purposes
disposed of?
A: Public lands suitable for agricultural purposes are disposed of
as follows:
1. Homestead settlement
2. Sale
3. Lease
4. Confirmation of imperfect title or incomplete titles either by
judicial or administrative legalization
5. Free title
DEALINGS WITH UNREGISTERED
PROPERTIES
A. Registration of Instruments Dealing with Unregistered
Lands.
All instruments affecting lands originally registered under the
Spanish Mortgage Law may be recorded under Section 113 of PD
1529 until the land shall have been brought under the operation
of Torrens System.
Q: Which lands are registrable?
A: The lands that are registrable are the following:
1. Alienable and disposable public agricultural lands
2. Private lands
B. Recording of Ministerial Officers (Section 113 of PD
1529)
1. No instrument or deed affecting rights to real property not
registered under the Torrens System shall be valid except as
between persons thereto, until such instrument or deed shall
have been registered in the manner prescribed herein
2. This provision cannot be interpreted to include conveyances
made by ministerial officers such as the sheriffs deeds
3. It contemplates only instruments as may be created through
agreement between parties
4. The recording shall be without prejudice to a third person with
better right
5. The Register of Deeds does not exercise a judicial or quasi-
judicial power in the registration sheriffs deeds or certificates of
sale
6. If the Registrar refuses to register the instrument, he shall
advise the party in interest in writing the grounds for his refusal,
and the latter may elevate the matter to the Administrator en
consulta.
Q: Are both voluntary and involuntary instruments affecting
unregistered lands needed to be registered?
A: Yes. From the provisions of Section 113 of PD 1529, it is clear
that (1) voluntary and involuntary instruments affecting
unregistered land must also be registered; (2) that with respect
to voluntary instruments, it is the registration thereof that makes
them binding even as against third persons; and (3) that a party to
such instrument may, when proper, resort to the remedy of
consulta.
Q: What is appeal en consulta?
A: Where the instrument is denied registration, the Register of
Deeds shall notify the interested party in writing, setting forth the
defects of the instrument or legal grounds relied upon, and advising
him that if he is not agreeable to such ruling, he may, without
withdrawing he documents from the Registry, elevate the matter by
consultawithin five (5) days from receipt of notice of the denial of
registration to the Commissioner of Land Registration. (Section 117
of PD 1529)The resolution or rulings in consultas shall be exclusive
and binding upon all Register of Deeds, provided, that the party in
interest who disagrees with the final resolution, ruling or order of the
 CIVIL LAW I REVIEWER
Commissioner relative to consultas may appeal to the Court of Q: Is adverse possession similar with possession required in
Appeals within the period and in manner provided in RA 5434. acquisitive prescription? 170
(Section 117 of PD 1529) A: Yes, possession, to constitute a foundation of a prescriptive
right, must be possession under claim of title or it must be
C. How Recording is Effected(Section 113 of PD 1529) adverse. (Cuaycong v. Benedicto, G.R. No 9989)
1. The registrar shall keep a primary entry book and a
registration book Q: What are the requisites in order to acquire land title through
2. The primary entry book shall contain an entry number, names adverse possession?
of parties, nature of the document, and the date, hour and Q: The requisites are the following:
minute it was presented 1. The possession must be open, continuous, exclusive,
3. After recording, the Register of Deeds shall endorse on the notorious, and in the concept of an owner
original of the instrument the file number and the date as well as 2. The possession must be uninterrupted for a period of at least
the hour and minute when the instrument is received, returning ten (10) years if the possession is in good faith, or at least thirty
to the registrant the duplicate of the instrument with a (30) years if in bad faith or without just title
certification that he has recorded the same. 3. The land possessed must be an alienable and disposable
public land.
Q: What are the general incidents of registered land?
A: Registered lands or the owners are not relieved from the There must be an express declaration by the State that the public
following: dominion property is no longer intended for public service or the
1. Any rights incident to the relation of husband and wife, development of the national wealth or that the property has been
converted into patrimonial. Without such express declaration, the
landlord and tenant
property, even if classified as alienable or disposable, remains property of
2. Liability to attachment or levy on execution the public dominion, pursuant to Article 420(2), and thus incapable of
3. Liability to any lien of any description established by law on acquisition by prescription. For one to invoke the provisions of Section
the land and buildings thereon, or in the interest of the owner in 14(2) and set up acquisitive prescription against the State, it is primordial
such land or building that the status of the property as patrimonial be first established.
4. Any right or liability that may arise due to change of the law of Furthermore, the period of possession preceding the classification of the
descent property as patrimonial cannot be considered in determining the
5. The rights of partition between co-owners completion of the prescriptive period. Tax declarations per se do not
qualify as competent evidence of actual possession for purposes of
6. The right of government to take the land by eminent domain
prescription. A claim of ownership will not proper on the basis of tax
7. Liability to be covered by an assignee in insolvency or trustee declarations if unaccompanied by proof of actual possession.
or bankruptcy under the laws relative to preferences (Tan vs. Republic, G.R. No. 193443 G.R. No. 193443, April 16, 2012)
8. Any other rights or liabilities created by law and applicable to
unregistered land. The burden of proof in overcoming the presumption of State ownership
of the lands of the public domain is on the person applying for
THE PROPERTY REGISTRATION DECREE VIS-A-VIS registration (or claiming ownership), who must prove that the land
THE PUBLIC LAND ACT subject of the application is alienable or disposable. It is settled that the
applicant must present proof of specific acts of ownership to substantiate
the claim and cannot just offer general statements which are mere
PROPERTY PUBLIC LAND ACT
conclusions of law than factual evidence of possession. (Valiao v.
REGISTRATION DEGREE
Republic, 661 SCRA 299)
P.D. No. 1529 C.A. No. 141
1.Governs the registration of 1. Remains as the existing general
Q: Against whom can acquisition of ownership by prescription
lands under the Torrens law governing the classification and
System as well as disposition of lands of the public
not be used?
unregistered lands, including domain other than timber ad mineral A: Acquisition of ownership by prescription is unavailing against
chattel mortgages.(Secretary lands, and privately owned lands the registered owner and his hereditary successors because
of DENR v. Yap, G.R. No. which reverted to the State. under Section 47 of Property Registration Decree, registered
167707, October 8, 2008) 2. The presumption is that the lands lands are not subject to prescription. No title to registered land in
2. There already exists a title applied for belong to the State, and derogation of the title of the registered owner shall be acquired
which is confirmed by the that the occupants and possessors by prescription or adverse possession. (Agcaoili, Reviewer in
court. only claim an interest in the same by
Property Registration and Related Proceedings, 2008, p. 341)
3. The Civil Code provisions virtue of their imperfect title or
on prescription in general continuous, open and notorious
apply to all types of land. possession since June 12, 1945 or Purchaser in Good Faith
earlier. (Republic v. Herbierto, G.R.
No. 156117. May 26, 2005) The RTC shall not entertain a petition for review of the decree of
3. Civil Code provisions on registration where an innocent purchaser for value has acquired
prescription do not apply to lands of the land or an interest therein, whose rights may be prejudiced.
public domain covered by Public Land Whenever the phrase "innocent purchaser for value" or an
Act.
equivalent phrase occurs in this Decree, it shall be deemed to
include an innocent lessee, mortgagee, or other encumbrancer
for value. (Section 32, P.D. 1529)
ADVERSE POSSESSION
Just as an innocent purchaser for value, a mortgagee may rely on what
appears on the face of the Torrens title. And when an innocent
Q: When is possession adverse? mortgagee acquires rights over the mortgaged property, the court cannot
A: Possession of land is adverse when open and notorious. It is disregard such rights which must be respected and protected.A
open when it is patent, visible and apparent and it is notorious mortgagee has a right to rely in good faith on the certificate of title of the
when it so conspicuous and is generally known and talked of by mortgagor of the property given as security and in the absence of any
the public or the people in the neighbourhood. (Heirs of sign that might arouse suspicion, has no obligation to undertake further
Tanyagvs. Gabriel, 669 SCRA 284) investigation. Hence, even if the mortgagor is not the rightful owner of,
or does not have a valid title to, the mortgaged property, the mortgagee
in good faith isnonetheless entitled to protection.(Cabuhat v. CA, 366
SCRA 176)

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
The purchaser is only charged with notice of the burdens in the
property which are noted on the face of the register or the
certificate of title.However, under Article 1544 of the Civil Code,
mere registration is not enough to acquire new title. Good faith
must concur.Good faith consists in the possessors belief that
the person from whom he received the thing was the owner of
the same and could convey his title. There is good faith where
there is an honest intention to abstain from taking an
unconscientious advantage from another. Otherwise stated, good
faith is the opposite of fraud and it refers to the state of mind
which is manifested by the acts of the individual concerned.
A. Exceptions to Innocent Purchaser in Good Faith and
for Value
1. As between two persons both of whom are in good faith and
both innocent of any negligence, the law must protect and prefer
the lawful holder of registered title over the transferee of a
vendor bereft of any transmissible rights.
(Sanchez v.Quinio, 463 SCRA 471)
2. The doctrine relied upon by the appellate court that a forged
instrument may become the root of a valid title, cannot be
applied where the owner still holds a valid and existing certificate
of title covering the same interest in a realty. The doctrine would
apply rather when the forger thru insidious means obtains the
owner's duplicate certificate of title, converts it in his name, and
subsequently sells or otherwise encumbers it to an innocent
holder for value, for in such a case the new certificate is binding
upon the owner. (Sec. 55, Act 496; Sec. 53, P.D. No. 1529)But if
the owner holds a valid and existing certificate of title, his would
be indefeasible as against the whole world, and not that of the
innocent holder's.Prior tempore potior jure. (Torres v. CA)
3. One who purchases a land the certificate of title of
which contains a notice of lispendens is a purchaser in bad faith.
(Phil. National Bank vs. CA, 98 SCRA 207, 232)
4. The fact alone that the vendees purchased the property with
full knowledge of the flaws and defects in the title of their vendors
is enough proof of their bad faith.
(Abad vs. Guimbas, 465 SCRA 356, 367)
5. That the title of the land purchased was reconstituted is a
circumstance that should alert the purchaser to make the
necessary investigation in the office of the Register of Deeds
concerned. If he failed to do so and it turns out that the owner is
other than the seller or that irregularity attended the issuance
of the reconstituted title, then the purchaser could not be
considered as a purchaser in good faith and for value. (Premiere
Development Bank vs. Court of Appeals, 453 SCRA 630, G.R. No.
128122)
6.Where the land sold is in the possession of a person other than
the vendor, the purchaser must go beyond the certificate of title
and make inquiries concerning the actual possessor. A buyer of
real property which is in possession of another must be wary and
investigate the rights of the latter. Otherwise, without such
inquiry, the buyer cannot be said to be in good faith and cannot
have any right over the property. (Tio v. Abayata, 556 SCRA 175)
Double Sale
If the same thing should have been sold to different vendees, the
ownership shall be transferred to the person who may have first
taken possession thereof in good faith, if it should be movable
property. Should it be immovable property, the ownership shall
belong to the person acquiring it who in good faith first recorded
it in the Registry of Property. Should there be no inscription, the
ownership shall pertain to the person who in good faith first in
the possession; and, in the absence thereof, to the person who
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
presents the oldest title, provided there is good faith. (Section
1544 of the Civil Code) 171
Since the land was already registered under the Torrens System, the
registration of the sale to under Act 3344 was not effective to bind the
land for purposes of Double Sales. Registration must be done in the
proper registry to bind the land. (Spouses Abrigo v. De Vera, G.R. No.
154409. June 21, 2004)
Q: Can a forged document, procured through fraud, be a root of
valid title?
A:When the instrument presented is forged, even if
accompanied by the owners duplicate certificate of title, the
registered owner does not thereby lose his title, and neither does
the assignee in the forged deed acquire any right or title to the
property. That a forged deed is an absolute nullity and conveys
no title is a settled principle. (Section 53 of P.D. No. 1529)
But as also held in the Solivel vs. Francisco, 170 SCRA 218, 226
the fraudulent and forged document of sale may become the
root of a valid title if the certificate has already been transferred
from the name of the true owner to the name indicated by the
forger,or to the name of the forger. For then the vendee, or even
a mortgagee, as innocent third person for value had the right to
rely on the correctness of the certificate of title. This doctrine of a
forged document becoming a root of a valid title cannot, however,
be applied where the owner still holds a valid and existing
certificate of title covering the same property. The law protects
and prefers the lawful holder of registered title over
the transfer of a vendor bereft of any transmissible right.
CHATTEL MORTGAGES
A. Registration of Chattel Mortgages
1. Execution of document
2. Present the document together with affidavit of good faith.
An affidavit of good faith is a statement that:
a. The mortgage is made to secure obligation specified
b. That it is a valid and just obligation
c. That it is not entered into for purposes of fraud
3. Payment of fees
4. ROD enters in Day Book in strict order of their presentation
the chattel mortgages and other instruments relating thereto
(primary process)
5. ROD thereafter enters in a more detailed form the essential
contents of the instrument in the Chattel Mortgage Register
(complementary process)
By a chattel mortgage, personal property is recorded in the
Chattel Mortgage Register as a security for the performance of
an obligation. If the movable, instead of being recorded, is
delivered to the creditor or a third person, the contract is a
pledge and not a chattel mortgage. The provisions of the Civil Code
on pledge, insofar as they are not in conflict with the Chattel
Mortgage Law, shall be applicable to chattel mortgages. (Agcaoili,
Property Registration Decree and Related Laws, 2006, p. 809)
Q: What is the purpose of chattel mortgage registration?
A: The sole purpose and object of the chattel mortgage registry is
to provide for the registry of chattel mortgages, and
transfers thereof, that is to say, mortgages of personal property
executed in the manner and form prescribed in the statute. A
factory building is real property, and the mere fact that it is
mortgaged and sold, separate and apart from the land on which it
stands, in no wise changes its character as real property. Hence,
neither the original registry in a chattel mortgage registry of an
instrument purporting to be a chattel mortgage of a building and
the machinery installed therein, nor the annotation in that
registry of the sale of the mortgaged property, has any effect
whatever insofar as the building is concerned. (Leung Yee v.
Strong Machinery Co., GR No. L-11658)
 CIVIL LAW I REVIEWER
Q: Where is a chattel mortgage registered?
A: A chattel mortgage shall be recorded in the office of the
Register of Deeds of the province or city where the mortgagor
resides as well as where the property is situated or ordinarily kept.
(Section 114 of PD 1529)
Q: How is motor vehicle mortgages registered?
A: The mortgage of any motor vehicle in order to affect third
persons should not only be registered in the Chattel Mortgage
Registry, but the same should also be recorded in the Motor Vehicles
Office as required by Section 5(e) of the Revised Motor Vehicles
Law. The failure of the mortgage to report the mortgage executed
in his favor has the effect of making said mortgage ineffective
against a purchaser in good faith who registers his purchase in
the Motor Vehicles Office. The recording provisions of the Revised
Motor Vehicles Law are merely complementary to those of the
Chattel Mortgage Law. (Leung Yee v. Strong Machinery Co. GR
No. L-11658) Thus, as between a chattel mortgagee, whose
mortgage is not recorded in the Motor Vehicles Office, and an
innocent purchaser for value of a car who registers the car in his
name, the latter is entitled to preference. (Montano v. Manila
Trading & Supply Co., GR No. L-13057)
Q: Is mortgagees right of possession preparatory to foreclosure?
A: Yes. Section 14 of the Chattel Mortgage Law (Act No.
1508, as amended) provides, inter alia, that the mortgagee,
his executor, administrator, or assign, may, after thirty days from
the time of condition broken, cause the mortgaged property, or any
part thereof, to be sold at public auction. The mortgagee then has
the right to the possession of the property mortgaged for the
purpose of selling it a public auction. But the mortgagee may not
secure possession of said property against the will of the debtor.
The law does not allow the creditor himself to take possession
of the mortgaged property through violence and against the will
of the debtor because the creditors right of possession is
conditioned upon the fact of default and the existence of this fact
may naturally be the subject of controversy. The debtor, for
instance, may claim in good faith, and rightly or wrongly, that the
debt is paid, or that for some other reason the alleged default is
non-existent The remedy then, if the debtor refuses to yield up
the property, is for the creditor to institute an action, either to
effect a judicial foreclosure directly, or to secure possession as a
preliminary to the sale contemplated. (BPI Credit Corp. vs. CA, 204
SCRA 601, 611)Corollary, the foreclosure and actual sale of a
mortgaged chattel bars further recovery by the vendor of any
balance in the outstanding obligation not so satisfied by the sale.
(Esquerra vs. CA, 173 SCRA 1, 10)
LAND PATENTS
The registration of public land patents is required by Section 103
of PD 1529, which is a restatement of Section 122 of the Land
Registration Act (Act No. 496). Correspondingly, Section 107 of
Commonwealth Act No. 141 or the Public Land Act provides that
the actual conveyance of land covered by all public land patents
or certificates of land grant shall be effected only as provided in
Section 122 of Act No. 496, that is, after the registration thereof
in the Office of the Register of Deeds concerned. (Aquino, Land
Registration and Related Proceedings, 2007, p. 148)
The land patents issued by the Government under the Public Land
Act are the homestead patent, free patent, sales patent, and
what is denominated as special patents.
Citizens of the Philippines may acquire not more than twelve
hectares of agricultural land of the public domain by purchase,
homestead, or grant. (Article XII, Sec. 3, 1987 Constitution)
ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
DIFFERENT KINDS OF PATENTS
172
To Whom Requirements
Granted
Homestead Patent
A homestead patent Does not own more than twenty-four
may be issued to hectares of land in the Philippines or
any citizen of this has not had the benefit of any gratuitous
country over the allotment of more than twenty four hectares
age of 18 years or of land since the occupation of the Philippines
the head of a by the United States. (Sec. 12, Public Land
family. Act)In view of the Constitutional limitation on the
number of hectares to be granted, the 24
hectares stated in said Section 12 should be
understood to refer to only 12 hectares.
Residence for at least one year in the
municipality where the where the land is
situated.
Must have cultivated at least one-fifth of the land
applied for.
Free Patents
Any natural-born Must not own more than 12 hectares.
citizen of the At least 30 years prior to the effectivity of the
Philippines amendatory act, has continuously occupied
and cultivated, either by himself or through
his predecessors in interest tract/s of
agricultural public lands subject to disposition.
Paid the real taxes thereon while the same
has not been occupied by any person.
Such tract/s of land does not exceed 12
hectares. (Section 44 of Public Land Act, as
amended by RA 6940)
Sales Patent
Only citizens of the The land applied for is sold at public auction,
Philippines of and the highest bidder to whom the land shall
lawful age, and be awarded, whether he be the applicant or any
such citizens not of other Filipino citizen, is thereafter required to
lawful age who is a have at least 1/5 of the land broken and
head of a family. cultivated within 5 years from the date of the
Private award.
corporations or Subject land does not exceed 12 hectares.
associations are A sales patent maybe issued after full
not qualified to payment of the purchase price and the
purchase such land. awardee shall have established actual
(Section 22, Public occupancy, cultivation, and improvement of at
Land Act, in relation least 1/5 of the land until the date of final
to Art. XII, Section 3, payment. (Sections 24 to 28 of Public Land
Constitution) Act)
For agricultural lands which are suitable for
residential, commercial or industrial purposes,
not exceeding 12 hectares, a sales patent may
be issued only after full payment of purchase
price and after completion and construction of
permanent improvements appropriate for the
purpose for which the land is purchased
within 18 months from date of award.
(Sections 59, 61, 63, 65, 67 of CA 141)
NOTE: RA 730, which took effect on June 18,
1952, permits the sale without public auction
of public lands for residential purposes to any
Filipino citizens of legal age who is not the
owner of a home lot in the municipality in
which he resides and who in good faith
established his residence on the subject land
not needed for public service, of not more
than 1000 sq. m.
FURTHER NOTE: The act which authorizes
private sale without public bidding, is an
exception to the general rule that sale should
be by bidding. But this Act applies only if the
area applied for does not exceed 1,000
square meters and the purchaser has the
qualifications specified therein. Moreover, as
amended by P.D. 2004 lands acquired under
this law shall not be subject to any
restrictions against encumbrance or
alienation before and after the issuance of the
patents thereon.
 CIVIL LAW I REVIEWER
Special Patents before twenty-five years after issuance of title without the
May also be Public land conveyed under the Act is limited to approval of the Secretary of Environment and National Resources.
granted to Non- not more than 12 hectares, and a special (Section 118 of the Public Land Act)
173
Christian Filipinos. patent may be issued by the Government in
(Section 84 of favor of the owner of the landed estate For the purpose of computing the five-year prohibition against alienation of
Pubic Land Act) As acquired. homestead and patent grants, the patent is deemed issued upon
soon as the NOTE: Original certificates of title issued promulgation of the order for issuance thereof by the Director of
Secretary of Local pursuant to Special Patents serve as concrete Lands.(Decolongon vs. CA, 122 SCRA 843, 849)
Government shall and conclusive evidence of an indefeasible title
certify that the to the properties covered thereof. (Cagayan de
This prohibition is embracing and covers and extends even to sales to the
majority of Oro City Landless Residents Assn., Inc. vs. CA,
homesteaders own son or daughter or descendants. And this restriction
inhabitants of any 254 SCRA 220, 230)
may not be circumvented by stipulating in the deed of sale that the actual
given reservation
conveyance of the land or portion thereof would be made only after the
have advanced
lapse of the 5-year period. The deed is illegal and void ab initio. (Homena
sufficiently in
vs. Casa, 157 SCRA 232, 235)
civilization, then
the President may
order that the lands Q: What are the exceptions to the rule on restrictions on alienation
of the public or encumbrance of lands titled pursuant to patents?
domain within such A: Actions for partition because it is not a conveyance and
reservations be alienations and encumbrances made favour of the government.
granted under the
general provisions 2.The taking of said properties for the satisfaction of debts
of this Act to the contracted before the expiration of said period.(Section 118 of PD
said inhabitants.
1529)
Similarly, special
patents may be 3. Conveyances and encumbrances made by persons belonging to
issued covering the non-Christian tribes may be made only when the person
lands that may be making the conveyance or encumbrance is able to read and
sold under the understand the language in which the instrument or deed is
provisions of written. And for conveyances and encumbrances made by illiterate
Sections 69 and 70 non-Christians, the approval by the then Commissioner of
of the same Act, Mindanao and Sulu is necessary. (Section 120 of CA 141)
which authorize
4. A private corporation, association or partnership may lease
concession of lands
of the public lands covered by free patent, homestead patent or individual sales
domain for patent solely for commercial, industrial, educational, religious or
educational, charitable purposes or for a right of way, with the consent of the
charitable and grantee and the approval of the Secretaryof Environment and
similar purposes. Natural Resources.(Section 121 of CA 141, in relation to Article
XII, Section 3 of the 1987 Constitution)
Q: What is the purpose of chattel mortgage registration? 5. Disposal of lands originally acquired in any manner under the
A: Under Section 107 of the Public Land Act (Com. Act 141), all provisions of the Public Land Act to those who are qualified to
land patents must be registered since the conveyance of the acquire lands of the public domain. (Section 122 of CA 141)
land covered thereby is effective only upon such registration. This
registration is mandatory to affect third parties. (Sec. 51, P.D. No. Q: What are the effects of violations of the restrictions?
1529) A: Any acquisition, conveyance, alienation, transfer, or other
Absent such registration, title to the land covered thereby, whether contract made or executed in violation of any of the restrictions
it be by homestead, free patent or sales, may not be considered under CA 141 shall be unlawful, null and void from its execution
as perfected and, perforce, not indefeasible. A patent becomes and shall produce the effect of annulling, and cancelling the grant,
indefeasible as a Torrens Title only when the said patent is title, patent or permit originally issued, recognized or confirmed,
registered pursuant to P.D. No. 1529. actually or presumptively and cause the reversion of the property and
its improvements to the State. (Section 124 of CA 141)
Q: What is the nature of a certificate of title pursuant to a public land
patent? B. Right to Repurchase or Redeem
A: The original certificate of title issued pursuant to a public land Section 119 of the Public Land Act gives the owner-vendor of lands
patent partakes of the nature of a certificate of title issued in a acquired under free patent or homestead patent, his widow, or legal
judicial proceeding, as long as the land covered is really part of the heirs the right to repurchase the same, within five years from the
public domain. The certificate of title becomes indefeasible and date of conveyance.
incontrovertible upon the expiration of one year from the date
of the issuance of the order for the issuance of the patent, and Such right cannot be waived by the party entitled thereto and applies with
thus prescription cannot operate against the registered owner. equal force to both voluntary and involuntary conveyances. The 5-
(Republic vs. Heirs of Carle, 105 Phil. 1227)Lands covered by such year period for its exercise starts from the date of the execution of the deed
title may no longer be the subject matter of cadastral proceedings, of sale, even if full payment of the purchase price is not made on said date,
unless there is a stipulation in the deed that ownership shall not vest in the
nor can it be decreed to another person. (Gomez vs. CA, 168 SCRA
vendee until full payment of the price. And this period cannot even be
503, 511) restricted by an order of the Court that the right to repurchase should be
exercised only within 30 days from finality of decision in reconveyance case
A. Restrictions filed by the vendor-patentee against the vendee who refused to allow
1. No alienation or encumbrance of lands acquired under free repurchase. Such suit merely suspended the period to repurchase, and
patent or homestead patent, except in favour of the government which period commence to run only after finality of the decision therein.
or any of its branches, units, or institution, or legally constituted (Sucaldito vs. Montejo, 193 SCRA 556, 560)
Banking Corporation, from the date of approval of the application
With respect to mortgaged land granted under homestead patent, or free
and for a term of five years from and after the date of issuance of
patent, which was sold at extra-judicial foreclosure, the 5-year period of
the patent or grant. This provision also proscribes the alienation, redemption began to run from the day after the expiration of the one-
transfer or conveyance of any homestead after five years and

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
year period to repurchase allowed in extra-judicial foreclosure. (Belisario Q: What is the difference between Reversion and Escheat?
vs. IAC, 165 SCRA 101) A: An action for reversion is slightly different from escheat
Where the mortgagor has filed suit to redeem the property within that proceeding, but in its effects they are the same. They only differ in
174
period, there is no need to make an offer to redeem, or tender payment of
procedure. Escheat proceedings may be instituted as a consequence
the purchase price, not even a need for the consignation of the
redemption price. The filing of such action is equivalent to a formal offer of a violation of the Constitution which prohibits transfers of private
to redeem. (Torio vs. Rosario, 93 Phil. 801) agricultural lands to aliens, whereas an action for reversion is
expressly authorized by the Public Land Act.(Rellosa v. GawChee
C. Acquisition of Patents Hun, GR No. L-1411, 93 Phil. 827)
1. Succession (Testate and Intestate)
a. By Descenttitle is acquired when an heir succeeds the 2. Cancellation Suitsif the land covered by patent was a
deceased owner whether by testate or intestate. private land, the Director of Lands has no jurisdiction over it and
b. By Deviseperson acquires land from one who may or may title issued pursuant to the patent is a nullity. The aggrieved private
not be a relative, if he is named in the deceaseds will as party may institute an action for cancellation of such title. (Agne vs.
devisee for such property. Director of Lands, 181 SCRA 793, 803-804)
2. Prescriptionpossession of land for required number of years 3. Action for Reconveyancean action for reconveyance is
and assertion of ownership through an uninterrupted actual proper where the patent and corresponding certificate of title
possession of property within the period of tie prescribed by law. were acquired in breach of constructive or implied trust, as when
(Articles 712, 1143, 1137 of the Civil Code) a co-heir obtains title over portions that do not belong to him, or
when a tenant similarly obtained title on the land he was tilling.
D. Actions in Cases of Improper or Illegal Issuance of (Obanana vs. Boncaros, 128 SCRA 457)
Patents
1. Reversionthe objective of an action for reversion of THE FUNCTIONS OF THE COURTS, REGISTER OF DEEDS,
property is the cancellation of the certificate of title and the AND LAND REGISTRATION AUTHORITY IN LAND
consequential reversion of the land covered thereby to the State. REGISTRATION
The grounds are:
a. Violations of the restrictions laid down in the Public Land Act Functions
b. When the land patented and titled is not capable of registration, Register of Deeds Land Registration Courts
or a non-registrable land Authority
1. Registration of an 1. Assist the 1. Jurisdiction over
c. Failure of the grantee to comply with conditions imposed by law
instrument presented Department of applications for original
to entitle him to a patent or grant for registration dealing Agrarian Reform, the registration of titles to
d. When the land is acquired in violation of the Constitution with real or personal Land Bank, and other lands, including
property which agencies in the improvements and
The Solicitor General, in behalf of the Republic of the Philippines, is by complies with the implementation of the interests therein, and
law the proper official to institute an action for reversion. Thus, he has requisites for land reform program
the specific power and function to represent the Government in all land registration. of the government. 2. Petitions filed after
registration and related proceedings and to institute actions for the original registration,
reversion to the Government of lands of the public domain and 2. To see to it that 2. Assist the courts in with power to hear
improvements thereon as well as lands held in violation of the said instrument bears ordinary and cadastral and determine all
Constitution. (Maximo vs. CFI of Capiz, Branch III, 182 SCRA 420, the proper land registration questions arising upon
425) documentary and proceedings. such application or
stamps and that the petitions.
REVERSION V. ORDINARY CIVIL ACTION FOR same are properly 3. Central repository of
DECLARATION OF NULLITY OF FREE PATENTS AND cancelled. records relative to the
CERTIFICATE OF TITLE original registration of
3. If the instrument is lands titled under the
Reversion Declaration of Nullity of Free not registrable. Torrens system,
Patents and Certificate of Title including the
Evangelista v. Santiago, 457 SCRA 744 (2004); Heirs of 4. To deny the subdivision and
Kionisala v. Heirs of Dacut, 378 SCRA 206, 214-215 registration thereof consolidation plans of
The allegation in the complaint Complaint requires allegations of and inform the titled lands.
admits State ownership of the the plaintiffs ownership of the presentor of such
disputed land. contested lot prior to the issuance denial in writing, 4. To adjudicate
of such free patent and certificate stating the ground or appeal en
of title as well as the defendants reason therefor. consultacases.
fraud or mistake, as the case may
be, in successfully obtaining these 5. Advising a party of
documents of title over the parcel his right to appeal by
of land claimed by the plaintiff. consulta.
The nullity arises from violations of The nullity arises strictly not from
6. Prepare and keep
the restrictions, non-compliance fraud or deceit but from the fact
an index system which
with the conditions, or that the land that the land is beyond the
contains the names of
involved is non-registrable. jurisdiction of the Bureau of Lands
all registered owners
to bestow and whatever patent or
and lands registered.
certificate of title obtained therefore
is void ab initio.
Instituted by the Solicitor General in The real party in interest is not the
behalf of the Republic of the State but the plaintiff who alleges a
Philippines. pre-existing right of ownership over
the parcel of land in question even
before the grant of title to the
defendant.

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.
 CIVIL LAW I REVIEWER
LAND REGISTRATION AUTHORITY
The Land Registration Authorityis the agency of the
Government charged with the efficient execution of the laws
relative to the registration of lands, and is under the executive
supervision of the Department of Justice. (Section 4 of PD
No.1529)
Q: What are the functions of the LRA Administrator?
A: The functions of the LRA Administrator are the following:
1. Issues decrees of registration pursuantto final judgments of
the courts in landregistration proceedings and cause
theissuance by the Registers of Deeds ofthe corresponding
certificates of title
2. Resolves cases elevated en consulta byor on appeal from
the decision of theRegister of Deeds
3. Verify and approve subdivision,consolidation and
survey plans ofproperties titled under Act 496 and PD1529
except those covered by PD 957
4. Implements all orders, decisions, anddecrees promulgated
relative to the registration of lands, and issue, subjectto the
approval of the Secretary ofJustice, all needful rules and
regulations
5. Acts as clerk of court in land and registration
proceedings
6. Exercises executive supervision over allclerks of court and
personnel of thecourts with respect to the discharge oftheir
duties and functions in relation tothe registration of lands
7. Exercises supervision and control overall Registers of Deeds
and otherpersonnel of the Commission.
THE REGISTER OF DEEDS
It constitutes a public repository of records or instruments affecting
registered or unregistered lands and chattel mortgages in the
province or city where such office is situated. (Section 10 of PD
1521)
GENERAL RULE: It is the duty of the register of deeds to
immediately register an instrument presented for registration
dealing with real or personal property which complies with all the
requisites for registration.
NOTE: Where, however, the Register of Deeds is in doubt as to the
proper action to take on an instrument or deed presented to him for
registration, he should submit the question to the Administrator of the
Authority.
EXCEPTIONS: When the Register of Deeds may deny registration
of voluntary instruments. (Balbin vs. Register of Deeds of Ilocos Sur,
28 SCRA 12, 15-6)
1. Where there are more than one copy of the owners
duplicate certificate of title and not all such copies are
presented to the Register of Deeds.
affecting lands should be verified and acknowledged before
a notary public or other public officer authorized by law to
take acknowledgment. (Gallardo vs. Intermediate Appellate
175
Court, 155 SCRA 248, 258)
5. When the instrument is not notarized.(Agcaoili,
Reviewer, 2008, p. 16)Notarial acknowledgment attaches full
faith and credit to the document and vests upon it the
presumption of regularity. (Sales vs. CA, 211 SCRA 885, 865)
NOTE: A deed of sale executed in a place other than where the
property is located does not affect extrinsic validity of the
instrument as long as the notary public concerned has
authority to acknowledge the document executed within his
territorial jurisdiction.
THE COURTS JURISDICTION
The RTC of the province or city where the land is situated shall
have exclusive jurisdiction over all applications for original
registration of title to lands. An application may include two or
more parcels of land belonging to the applicant/s provided they
are situated within the same province or city. (Sections 17 and
18 of PD 1529)
The MTC exercises delegated jurisdiction only over original
cadastral or land registration cases where either the subject
matter is an uncontested lot or if contested the value of the lot
should not exceed P100, 000.00. (Section 34 of BP 129) Matters
subsequent to the original registration by the MTC are to be
determined by RTC. (OCA Circular No. 38-97)
Section 17 of PD 1529 denotes that it is imperative in an application for
original registration that the applicant submits to the court, aside from
the original or duplicate copies of the muniments of title, a copy of the
duly approved survey plan of the land sought to be registered. The
survey plan is indispensible as it provides a reference on the exact
identity of the land.The submission of a duly executed blueprint of the
survey plan and a duly executed technical description of the property
operates as substantial compliance with the legal requirement of
ascertaining the identity of the lots.(Republic v. Guinto-Aldana, G.R.
No. 175578)
The Spanish titles informacionpossessoriaand composiciongratuitacan no
longer be used as bases for application for registration because PD 892
discontinued their use as titles of ownership. (Director of Lands v. Rivas)
Petitioners failed to establish legal or equitable title to the land. Spanish
titles can no longer be presented as proof of ownership whether in a land
registration proceeding or in an action to remove a cloud on or to quiet
title. (Evangelista v. Santiago,G.R. No. 157447. April 29, 2005)
A piece of land, registered through a homestead patent under the land
registration act cannot be the subject matter of a cadastral proceeding
and any title issued thereon is null and void.Cadastral court has no
jurisdiction over registered land. (Duran vs. Olivia, G.R. No. L-16589)

2. Where the voluntary instrument bears on its face an

infirmity. Thus, if the conjugal character of the property
subject of a deed donation by the husband is assumed
and 2/3 portion of the property was donated by the husband
alone, then such donation clearly exceeds the 1/2 share that
pertains to him.

3. Where the validity of the instrument sought to be

registered is in issue in a pending court suit. The
registration may be suspended to await the final outcome
of the case and the rights of the interested parties could
be protected in the meantime by filing the proper notice of
lispendens.

4. The Register of Deeds may also refuse to register a private

document, since Section 112 of P.D. No. 152 (formerly Sec.
127 of Act 496) provides that deeds of conveyances

ALLAS, Lyra Cecille. ASSAYCO, Ivy Grail, BAGSAO, April Lily. BAY-AN, Jayran Lowen. CAYAT, Roma.
DALANAO, Gretchen. PATDU, Lovely Strawberry. QUARIO, Gina. SAGPAEY, Jenny.
SANTIAGO, Katrina Gynne. TAWARAN, Jennifer. ZAPATA, Don Jan.