SUPPLEMENTAL

NOTES FOR CIVIL LAW: Read this along with Codal

PROPERTY:
See Abano charts with notes for main topics

Condominium Act

Interest:
a. Separate interest in a unit
b. Undivided interest in the common area and in land on which building is
located

To register with RD:
1. Master deed aka Enabling Deed- contains description of land, building, sep
units, common areas
2. Deed of Restrictions- mgt, expenses, other admin regulations

NOTE: Both deeds are annotated on the certificate of title of the land on which the
building stands

Who administers common areas? Depends if there is a Condominium Corp or
Condominium Association
a. Condo Corp- foreigners can own up to 40%; can be stock or non-stock; issue
certificate of stock/membership; one unit=one vote (not dependent on size
of unit)
-existence of condo corp co-terminus with the condominium project;
-if one ceases to be owner, ceases to be a stockholder or member of
condo corp
-once condo corp dissolved, ownership of common areas lodged in diff
owners. They can decide either to 1) remain as association; OR 2)
partition
b. Condo Association- no foreign owners allowed except by hereditary succession;
here, unit holders own the condo as co-owners

Partition- unlike in co-ownership where there can be partition for any cause, in
condos, there can be partition only in these instances (Section 8)
a. 3 years after damages rendering material unfit for use and there is refusal to
rebuild by owners
b. damage extends to units; owners with 30% interest oppose repair
c. project is more than 50 yo, obsolete, and owners of MORE than 50% interest
refuse repair
d. After expropriation of a portion, and MORE than 70% of owners oppose to
continuation of project
e. Condition for partition in Declaration of Restrictions are complied with


PERSONS

Formal requirements:

1. authority of solemnizing officer (not the presence or absence of officer
himself, but his authority)
exception: good faith of either parties that s.o. has authority

-look at article 6, who can solemnize
1. judge- incumbent AND within his jurisdiction

Domagotoy case: Administrative case. If the judge solemnize marriage
outside jurisdiction, it is a mere irregularity. Obiter only. But Mel says
it must have been void. But use this case if same facts.

2. priest-
a.written authority by sect +
b. written authority by state +
c. one must belong to sect of officer;

NOTE: if one of these absent, marriage is void. Unless good faith exception

d. consul in only article 10. So only between Filipinos in the embassy.

Good faith marriage: If any one of the parties believed in good faith that the S.A. has
authority when in fact he has none, marriage will be valid.

Q: If students asked Mel to marry them, and Mel thought he had authority nga. SO he
did.
A: Void. That is ignorance of law which excuses no one. GF marriage only refers to
those authorities listed in article 6, and one of the articles therein is missing. GF
marriage only applies to mistake of fact.

Q: Manila Judge to wed A and B. but the wind brought boat to Cavite.
A: Void. (But note that accdg to Damogtoy case: Irregularity.) But then again, GF of
parties will save marriage.

GR Good faith/bad faith will not affect void marriage
Exception: Instances when good faith will validate an otherwise void marriage:
1.Solemnizing officer situation as shown above
2. Presumptive death situation

NOTE: GF/BF is important in disposition of properties when marriage is declared
void. The one in bad faith gets nothing (147/148, last paragraph)

Q: if 2 16 year old looking people go to him and present marriage license, can SO
solemnize without further investigation?
A: Yes. Presence of ML presupposes that ML already happened by local civil
registrar. It is presumed regular. But he can refuse to solemnize if he does not want
to.

-Between Aug 3, 1988 to dec 31, 1991 the mayor does not have authority to
solemnize. In FC, mayor has no authority. It was only in Jan 1, 1992 when LGC
enacted when mayor given authority to solemnize marriage.


2. Valid marriage license
Q: Effect if marriage license is issued without publication because civil
registrar waived publication requirements?
A: valid. (alcantara case)

3 minimum requirements of valid marriage license, so that other reqts are
mere irregularities:
1. Issued by the local civil registrar; this means signing
2. effective only within 120 days from the time of SIGNING/issuance
3. only within the Philippines
-if you get in CdO, valid in Makati.
-cannot use abroad

Irregularities will not void marriage. It will just subject officer to admin
sanctions.

Q: Best evidence that there is no marriage license?
A: certification of local civil registrar that the marriage license does NOT
EXIST. (must be those words to be a certification); plus clause AFTER
DILIGENT AND EXHAUSTIVE SEARCH
NOTE: see cases cited by Ampi

Q: Certificate says marriage license cannot be found in this office due to
flooding occurred in 2018
A; not sufficient certification.

Q: NO ML due to lack of staff to look for it
A: not sufficient certification

New case: There is no marriage license because under Article 34 (the 5 year
period, if you cohabit for 5 years, excused from procuring marriage license.
So if at 2 years, you make affidavit, not enough. Effect: void marriage.)
Marriage certificate says that this marriage is solemnized by virtue of ML___,
on ____, ,at ____.
 A: In this case it was proven that they lived together for less than 5 years. So
cannot be justified under article 34. RTC said that best evidence of no ML is
certificate from local civil registrar. But SC said that blanks of marriage
certificate was enough. Prima facie correct. Blank entries for marriage
license, but checked 34 but then proved that 34 is inapplicable.

SUMMARY: 2 best evidence of no marriage license:
1. certification from local civil registrar
2. blank field in marriage certificate of ML, checked Article 34, but evidence
shows 5 year period not met


-Marriage certificate not essential or formal requirement. Non-registration of MC in
the Local civil registrar will NOT make marriage void for as long as the article 2 and
3 are complied with.

Q: Does local civil registrar have duty to investigate qualification of parties?
A: Yes. See provision that says all objections will be noted to him in the application,
but will nevertheless issue ML.
Exception: files case to restrain himself at his own instance; or interested party
(mom, dad) files case to restrain him. Thus only court intervention will stop
issuance of marriage license.
Exception to exception: If it is a foreigner who is applying for marriage
license, local civil registrar will issue ML only if foreigner gives him a
certificate of legal capacity. (no need for court intervention in this case)

Q: if foreigner does not give CLC but LCR issues ML anyway.
A: ML is valid because all three essential requisites are present. Hence,
marriage is valid. SC said that the non-giving of certificate of legal capacity of
foreigner is merely an irregularity. (see below)

Marriage application v Marriage license vs marriage certificate

Excuses for no ML: (FAM 5)
1. Articulo mortis
Q: Who can solemnize?
A: ALL those in article 6. But certain details for some.
2. Far away and no transportation
3. Muslim, indigenous people
4. 5 year cohabitation

5 year cohabitation:
-must live-in for AT LEAST FIVE YEARS
Q:During the 5 year period, should you be free from legal impediment?
A: Old, yes (ninal case). But now, there must be no legal impediment at the
 time of MARRIAGE CEREMONY (sanchez v. sanchez). So now rule is legal
impediment need nor be during the whole 5 year period.

BUT Necessito case: SC said all throughout 5 year period there must be no
legal impediment. (Note: this is administrative case) SC quoted Ninal, not
Sanchez. But for the bar, use Necessito case!

NOW: Use Necessito case! No legal impediment for whole 5 year period.


3. marriage ceremony
a. Parties must be present
b. SA must be present
c. Personal declaration
d. Witnesses of legal age
a. CASE: Mere irregularity since principal parties to contract are
present. (Bride, groom, state which is represented by SA)

Q: Marriage via skype
A: Void marriage. Declaration must be personal .

Q: G promised W that the G will marry her. In writing. W fainted during
ceremony. And G showed the writing .
A: Void since no marriage ceremony here.
Q: Chapel, chambers of judge, office of mayor. Any other place need affidavit.
(provision of law). If judge says marriage under bridge?
A: valid. Since he was incumbent + within his jd. So this provision is merely
pertains to venue. Venue is neither essential or formal requirements It is
mere irregularity which will not make the marriage void.


ANNULMENT, DECLARATION OF NULLTIY versus DIVORCE
-grounds for both must ALWAYS exist at the time of the marriage ceremony. In
divorce ground may exist after the marriage ceremony

DIVORCE:

GR: Absolute divorce not recognized in the Philippines
Exception: Article 26.
1. A Filipino is married to a foreigner (foreigner originally, or Filipino who
later becomes a foreigner)
2. Foreigner obtains the divorce
3. He was a foreigner at the time of divorce, (not at the time of marriage)
4. The divorce must be an absolute divorce. It capacities that foreigner to
marry again
 5. There must be a petition for recognition of foreign judgment, particularly
of that foreign divorce

Q: A, Filipino and B , foreigner got married. B obtained divorce. It was B who filed
for absolute divorce. Should it be dismissed?
A: generally, it should be the Filipino who files. But SC said it should not be
dismissed since it will benefit the Filipino eventually anyway.

Q: Can you file a declaration of nullity/annulment in the Philippines using foreign
marital law?
A: Yes. Article 26 is composed of 2 paragraphs. 1st paragraph refers to comity
provision. But you have to prove a. fact of marriage; and b. fact of foreign marital
law. Prove foreign law as a fact. Otherwise, processual presumption applies.

Different types of marriages:
1.Ceremonial marriage- with intervention
2. Common law marriage- no intervention of civil/religious functionary but parties
enter into contract and live with that reputation as husband and wife. Valid
marriage in England. (does not pertain to kabit)

Q: A and B entered into common law marriage in England which is valid there. Is it
valid here the Philippines?
A: NO. Article 26 says that marriages solemnized abroad. Hence, we only recognize
CEREMONIAL marriages that are valid abroad. (but see list of exceptions)

Case: A, Filipino marries B, Japanese. Married in Japan. They went to the PH. A filed a
case for declaration of nullity based on psychological incapacity. B says Art 36 does
not apply to him since marriage of person is to be governed by national law. SC:
Since you married A Filipina, to her, art 36 is applicable. Also, 36 is universally
applicable. The nullity case even if marriage is celebrated in Japan can be annulled in
the Philippines. Also, art 36 is one of the listed exceptions.


VOID MARRIAGES- Article 35
GR: Gf/Bf immaterial
Exception:
1. GF situation
2. Subsequent marriage because of presumptive death

Q: who can file declaration of nullity case
A: Any of the parties, even the guilty party. LIMITED TO SPOUSES. IN declaration
of nullity case, in pari delicto concept does not apply. Hence, even the one
psychologically incapacitated can file. Even the one who knew they were second
cousins can file.

NOTE: If marriage is valid, spouses cannot sue for damages against each other.
(Buenaventura case)

-36
Q: Can sps sue damages against the psychologically incapacitated?
A: NO! If you are PI, it is probable that s/he did not know s/he was PI

-no prescription period for void marriage.
But if other party is dead already, cannot file direct action for
declaration of nullity. If pending case one dies, case is dismissed.

Grounds:
a. Mistake in identity- mistake in physical identity. Case of twins. Not financial
status, qualification. Not name.
b. 36
-Santos case: Essential requirements of PI to win: (PIA G)
1. Juridical antecedents- must exist at time of marriage ceremony. Trace root
cause
2. Gravity- it must be grave
3. Incurability

Reyes case: If Doctor says sps can be subject to therapy, SC granted PI
pa rin. The fact that he is being subject to therapy means that if you
stop therapy, he goes back to his usual disorders.

4. It must reach the level of a psychological illness
SC usually cited personality disorder. Must affect totality of marriage/
affect essential obligations of marriage


Collusion
it is concoction of ground. So even if they agree, but ground is real, there is no
collusion.
-Passiveness of fiscal is not fatal

case; in legal separation case where wife had another man, and wife admitted.
Husband wanted LS. Fiscal said there is collusion. SC said no collusion since ground
exists. Concept applies in LS, annulment.

Makilan case: During the nullity proceeding, spouses settled property relationship
without case being terminated yet. Fiscal said he was not informed as to the
negotiation of property. Agreement was evidence of collusion. SC: Fiscal has no
business in the properties. Fiscal s job is to investigate collusion. Collusion refers to
won the ground exists. Even after 1 year, can file for dissolution of property even
walang problem nga eh.

Cardenas: During pre-trial of bigamy case, lawyer offered in evidence certificate of
first marriage, certify. of 2nd marriage, etc, then judge made judgment. This is not
judgment based on stipulation of facts na bawal. It was valid judgment since
judgment was NOT based solely on stipulation of facts as the judgment was
supported by other documentary evidence.

Article 43-effects of termin of marriage in case of presumptive death

2,3,4,5 of 43 shall be applicable in PROPER cases. These proper cases are:
a. Annulment (article 45)
b. Subsequent void marriage in article 40 (entered into without judicial
declaration of nullity of 1st marriage)

Valdez v RTC: A and B married. Marriage declared void. Ground PI 36. House is to be
liquidated. A invoked article 102, art 129 (Last part) majority of children since
majority of children wants to go with her. B said since void , since no one is in
bad faith because it was PI. SC: B wins. Split into . Art 102 and counterpart in
conjugal 129 do not apply to a void marriage.

Rule: If marriage is void, there is no conjugal pg, absolute cp to speak of. So
apply rule on co-ownership under 147,148. Apply ordinary rules on co-
ownership in relation to 147, 148. Under ordinary rules, no such thing as majority of
children..etc.
Exception: in cases of Article 40. In 40, liquidated as if there is acp or cpg.

Q: In all cases of void marriages, do you deliver presumptive legitime. 52 says yes.
A: SC said no. Article 50 provides that there will be liquidation and partition. In art
51, in such partition (45 and 40), pl will be delivered. Conclusion: 50 and 51
irrelevant in void marriage, Except in article 40. (see Valdez v RTC)

3 terminal documents:
1. decision
2. entry of judgment
3. decree of nullity or annulment

Best evidence: registered decree of nullity or annulment

Dino case; if marriage void because of PI, decree can be issued even if
properties have not yet been liquidated.

53- the judgment of nullity, judgment of annulment, partition of property and
delivery of PL (in proper cases, see Valdez) shall be recorded in registry of property
and local civil registrar. If you do not follow all, subsequent marriage is void.
But in 54, for children, children are legitimate even if marriage is void under
53.

 GR: Children in void marriage=illegitimate
Exceptions:
1. PI
2. 53

Legal separation:

To dismiss case:
1. collusion
2. Connivance
3. Consent
4. Equal guilt
5. Prescription
6. Condonation

Q: A saw B (husb)engaging in homosexual activity. A beat up B repeatedly. B filed
case for LS. Will it prosper?
A: no. equal guilt.

Grounds:
Q: A and B. A beat up children.
A: B can file case for LS.

Q: A and B married. A part of M religion. A forced child X to convert to M. Does B
have ground for LS?
A: Nope. Only applies if B was the one forced.

Abandonment
Dela cruz case: A and B married. A once every 2 months calls children but does not
show up Can B file case for LS?
A: No. Abandonment means abdication of ALL marital and parental duties.

GR:Mandatory to observe 6 month cooling off period;
Except: when there is violence.

Grounds for LS should not be discussed during cooling off period; except:
prescription. During cooling off period, sps can ask for support for him, children,
injunction, tro. Custody, visitation, mgt of property. These points are merely
incidental issues

Q: A filed case against B for bigamy. B files counterclaim for legal separation.
Judge said there was no cooling of period needed since no cooling off period in
nullity case. And here, original case is for nullity.
A: Judge is wrong. Judge must still observe 6 month cooling off period. (Pachete)

Q:A filed collection case against B (sep of property regime nila). Legal separation
case filed by B as permissive CC. Should there be cooling off?
A: Yes. Remedies whether principal or incidental.

Duties of husband and wife
-cannot seek damages against each other (moral damages, etc) Ty v CA
-modus vivendi- disagreement between husband and wife, mother and father,
husband decision prevails but wife can go to court in 5 years.
-does NOT apply to fixing family domicile. In this case, go to court right away.
Art 69.


PROPERTY RELATIONS
5 property relations:
1. ACP
2. CPG
3. Separation of property
4. 147
5. 148

H and W can invent own regime in their marriage settlement, provided not against
law.

Marriage settlement: can be modified at any time before the marriage ceremony.
Exception: marriage settlement can be modified after if
a. there is court approval; and
b. Limited grounds:
a. Article 66 and 67 (reconciliation after Legal separation)
b. Article 128 (abandonment)
c. Article 135, 136

MS must be in WRITING. If not, VOID.

Donation pn-
If not yet married, sps if not acp ang regime in marriage settlment, max is 1/5
of property as donation. Excess is void.
NOTE: prohibition applies only if DPN is contained in marriage settlement. It
will not apply if the donation is a separate deed of donation. Apply rule in
Article 83, so apply ordinary donation rules. In ordinary donation, limit is: do
not impair legitime; be sure to leave for heirs.

Donation by reason of marriage may be revoked by donor:
1. if marriage is not celebrated
a. if donation is on separate deed of donation, donor has OPTION to
revoke.
 b. If in marriage settlement, apply 81 so VOID. Everything stip in MS,
shall be rendered VOID if marriage does not take place.
2. A and B first cousins. A donated to B. Void marriage
-not valid ground for revocation of donation.

NOTE: 2 cases where direct action needed before another cause of actions
may arise:
1. article 40-if first marriage is void. If you want to remarry, file case to
declare marriage first void
2. if marriage void and want to revoke dpn, first file case for judicial
declaration of nullity

in other cases, you can collaterally attack void marriages anytime.

Case: SSS pension. 2nd wife collects. But 1st wife says im the legal wife. SC: SSS
was right in giving to 1st wife. No need for declaration in this case. Can be
collaterally attacked

Do you need to annul marriage first if no parental consent in 18-21? Nope.

Rodriguez case: A and B married. X is child. A wants to give car to B. Bawal. So
absolutely simulated contract of sale to X. then X simulated contract of sale to B. A
and B fought and A wants it back. Is it indirect donation?
A: Yes. So since indirect donation, the donation is void. But A cannot recover jeep
from B because of in pari delicto under 1412.


-

PROPERTY REGIME

ACP-default property regime; limited by consti provisions

Cases where Filipinos married to foreigner. So a foreigner cannot invoke absolute
comm of property in relation to lands owned by the ACP because it is a
circumvention of consti provision that foreigner cannot own land unless thru
hereditary succession. But foreigner can own house.

GR: If a property of husband and wife under ACP and CPG is placed only in the name
of one spouse, there is a trust relationship. The person named in title is holding it in
trust for both of the spouses.

Frenzel case: Filipina woman married foreigner. Foreigner spent for everything in
purchasing the land. But he knows that he cannot own property so placed under the
name of wife. Foreigner says wife is holding in trust for us both, plus he spent for
everything, and will violate principle on unjust enrichment. SC: All those arguments
are of no avail. Otherwise, it will violate the constitutional prohibition.

Community of property is a type of co-ownership. But unlike ordinary co-
ownership, the interest of each spouse in ACP is inchoate. Mere expectancy so that
husband cannot sell his share to the wife and wife cannot sell her share to husband,
while the acp or cpg is existing. Unlike in ordinary co-ownership where you can sell
your respective shares. That is why acp is special type of co-ownership. This is also
why husband/wife cannot waive share to the other while acp/cpg exists. This is also
why each cannot seek damages against each other because it will be like paying
yourself.

There are exclusions to ACP:
1. gratuitous tile
2. personal and exclusive use-toothbrush.
3. Property acquired BEFORE the marriage by either sps who has legitimate
desc by a former marriage as well as fruits and income of property. (IMPT)

Q: Can the status of a child determine the nature of the property in a ACP?
A: yes.

Q; A and B are married. The marriage was without a marriage license. The marriage
is void. Terminated. After termination and recording, A bought a mansion, and then
A married X. Whats the property regime in subsequent marriage?
A: ACP. Is the mansion bought included in the acp? Yes. Because the child of A and B
is illegitimate.

If marriage terminated because of PI, is answer the same? NO. Mansion will be
separate property inside that ACP. But child must be legitimate.

4. Debts of ACP

Liabilities of ACP:
1. support of sps to common children, legitimate children
2. obligations
a. ACP-liable if it redounded to the benefit of family; does not redound to
benefit of family but other sps consented

Rule: Both in ACP and CPG, an indebtedness shall be shouldered by ACP/CPG if it
redounded to benefit of family, regardless of when it was incurred, whether before
or during marriage. Only determine this if no consent of both spouses.

Article 96- the administration and enjoyment of acp and cpg shall belong to spouses.
In case of disagreement, husbands decision prevails but wife can question within 5
years from implementation. (1st par)

In case of incapacity or inability to participate, other sps shall assume sole per of
administration. Excluding alienation of property. (2nd par)

Q: A and B are spouses. They live in Mindanao. B in Mindanao. A in Ilocos. B told
daughter that tell A that he will sell properties. But A said no. But father
nevertheless sold property. What is applicable, 1st par of 2nd par?
A: Apply second paragraph. (Sps Antonio case) Apply 2nd paragraph because it
applies to cases where one of the parties is incap or unable o participate. So void but
is continuing offer.

Q: Husband is paralyzed from head to foot. Wife said that they should sell property.
Husband said okay. Wife sold the property. Can the wife automatically assume
power of sole admin because other is incap? Because of okay of husband, is the sale
valid?
A: Automatic assumption is wrong. (Uy v CA) Wife should go to court. If
incapacitated like that, guardianship proceeding. But if husband just does not want
to give consent but no incapacity, summary proceeding under family code. Either
way got to court.

The sale is NOT valid because where one is incapacitated, what is required is that
the only acceptable form of consent is WRITTEN consent. (Abalos v Makatangay)

Q: if spouse sells property conjugal or absolute to third person, and spuse presented
to third person a TCT that says X married to Y. What is the signifiance of married to
Y? its a mere description. GR: You can rely on face of TCT. So the presumption is
that it is separately owned. But see Agabao v Parulan case.

Q: X married to Y. X sold to M. Is M innocent purchaser for value? Can Y void sale
since M is not an IPV?
A: M is NOT an IPV. SC said that if you see the description, X married to Y, the phrase
is a red flag that you must investigate, must go deeper into title. Otherwise, then
you did not exercise due diligence, so not ipv. SO that sale can be declared void.

If X presented SPA from Y and showed it to buyer. This is not enough. Look at the
veracity and authenticity of SPA. Otherwise, buyer will not be considered an IPV.

103
Q: A and B are married. Marriage declared null and void. Without liquidation and
partitioning properties, A married X. What is the property regime in the subsequent
marriage?
A: NOT complete separation of property. Since marriage was declared void. NO
partition, liquidation, no recording. So status of subsequent marriage is void
pursuant to article 53. Thus, property regime in void marriage is either 147 or 148.
Here, its 147.

103 applies only if first marriage is terminated by death. A and B married. A died. No
partition, liquidation. When B married X, their property regime is CPS.

Annulment and nullity of marriage- non-liquidation, no recording is determinative
of the following:
1. validity of subsequent marriage=void (53)et
2. the kind of property regime- co-ownership


If terminated by death, non-liquidation, non-partition, only affect property
regime=csp. Generally, marriage is valid.

Accretion rule- does not apply to specific properties i.e car

Retirement benefits-115;
1. If source of why there is pension is identified, can tell if ACP/CPG.
2. IF no source identified, what was given? Matter of right or not? IF matter of
right=conjugal; if not, separate property.

A is a teacher. Law before says that if teacher for 20 years and becomes principal,
youg et pension. Pension here is conjugal since matter of right, provided for by law.

Insurance proceeds:
1. identify source- BPI v Posadas A got insurance and children are
beneficiaries, paid with salaries. A dies. Since source is conjugal, half of it
belongs to the spouse. Half of it is the estate of the deceased.

Hidden treasure-golden nuggets=not hidden treasure; dapat tranformed product na

120- exception to rule that land is always the principal. If land is more valuable than
improvement, and land is separate, and improvement is conjugal, it becomes
separate property subject to liquidation since the one with the higher value is the
principal. Accessory will follow it.

Q: A and B married. X is illeg child of A. X asked A for support. A said he has no
money. If true, if ACP ang A and B marriage, the only thing X has to prove is that A
has no property on its own. If he can prove that, X can seek support from the ACP.
Can go against salary of B, legitimate spouse. Since salary is absolute.
In absolute, show insufficiency or no property of A.

But in CPG,
1. show insufficiency or no property; and
2. show that all charges for which the conjugal is liable is being consistently
paid.


Family home
-FH is house AND lot
-can boat be FH? No since no lot.
-leased apartment, living for years? No FH since FH can only be consisted on
separate property, or acp
-operative act of constitution of FH: ACTUAL OCCUPATION. No such thing as
constructive occupation; cannot ask an agent/driver to live in house=does not
count.

Q: Judgment debtor loses cases, sheriff levies on judgment debtors house and lot.
Sheriff does not want to since house and lot is family home. Is sheriff correct?
A: No. the invocation of family home is a personal right. Only the sps or beneficiaries
can invoke it. But it should be invoked at the soonest possible reasonable time. Non-
invocation can be subject to laches/estoppel.

-beneficiaries:
Q: A (grandpa), B(child), C(grandchild). A, B and C live in As house. A dies. Bs
brother X asks for partition. But B says no since there is minor beneficiary C, FH
shall remain. But in this case, C does not get support from A but from B.
A: C is not beneficiary, even though he is minor. To be MINOR BENEFICIAY< parents,
ascend, desec,bro/sis, leg/illeg,
1. LIVING in FAMILY HOME with head of family; and
2. Who depends upon the head of family for legal support (in this case A)

In case, C depends on B not A. So C is not minor beneficiary.

PATERNTIY AND FILIATION
-Children born inside valid marriage=legitimate
-children born in void marriage=illeg; except;
a. PI-36
b.53

Q: A is married to B (wife). Separated. B entered into bigamous marriage with C.
Child born, CJr. B filed case for dec of nullity of marriage. Granted. C asks that CJR
uses Cs surname. Also asked for extension of visitation rights.
A: C has no rights at all. B and Cs void from beginning since void. So, CJR is born
inside valid marriage of A and B. So while CJR may be biological child of C, in eyes of
law, CJR is child of A and B, a legitimate one!

Therefore, C cannot ask for custody rights over CJR. Only person that can impugn
legitimacy of child is not the father, but the husband! Or in exceptional
circumstances, husbands heirs. (1,2,3 prescriptive period) Beyond 123 period, C Jr
is As legitimate child forever.

Q: B bore C. After 2 years, C looked like Bs friend. Lol. So A, impugned legitimacy of
C. DNA test. Day after DNA test, impugned legitimacy.
No match=conclusive presumption of non-paternity
99.99% match- a refutable presumption of paternity
A: Bawal a. 123 is reckoned not from discovery that the child is not yours. BUT it is
form KNOWLEDGE of the existence or birth of child; or knowledge from registration
of birth.

Q: In birth certificate, C says that he is father of CJr. There is statement that says CJr
is his legitimate son. This is statement of fact. Entries in LCR are prima facie proofs
of facts contained.
A: conflict between conclusion of fact (entries in birth certificate) and conclusion of
law(children born inside valid marriage=leg), follow conclusion of law.


Grounds for impugning legitimacy:
1. physical impossibility
2. scientifically impossibility i.e. sterility=must be 100% sterile
3. AI-vitiated consent


Proof to establish filiation: Applies to both legitimate/illegitimate child
1. record of birth appearing in civil registry- birth certificate

If child is illegitimate, and fathers name is there, but if not signed by father, NOT
evidence. But if kasal, sure legitimate.

2. final judgment

3. admission of illeg/leg filiation in public document-
example: E1 submitted to SSS to saying I have another child
4. private handwritten letter
-must be handwritten in full

example: letter from A to B saying how are you baby. Lol.

5. open continuous possession of status of a leg child/illeg child
-children keep on asking money from dad. Dad annoyed and eventually Dad
gives. Dad dies. SC: No not enough. Open continuous possession must be
spontaneous, out of love, but not of out of pity, annoyance or irritation.
-sending child to school; paying for uniform; allowance; paying funeral
expenses of mother, etc.
6. other means- i.e. DNA


Difference between Leg and Illeg children:
1. Use of evidence
-If legitimate child, use pieces of evidence above anytime.
-if illeg child, and alleged parent dead, and you want to prove filiation, you can only
use 1st par (1) and (2)= record of birth/final judgment/admission in public
doc/private handwritten document.
-second par: open continuous, other means cannot be used.
-i.e. photographs bawal because this goes under any other means allowed by
RoC
-DNA inadmissible; pinakuha dna ng corpse. Lol


2.Rights:
a. Surname
i. Legitimate-principally use surname of father; allowed to use surname of mother
BUT you have to go to court and show there is compelling reason to use mothers
surname
-As middle name is Carupalan. A works in Singapore and wants it
removed because it causes confusion. SC: Bawal. You need to know
maternity line.
2.Illegitimate child-principally use surname of mother; but if father allows that his
surname be used and acknowledge that child is his, can use fathers. But if child is
minor, the consent of the mother is needed before fathers surname used. Since illeg,
child is only under parental authority of the mother, who decides for illeg child.

SUPPORT
-everlasting
-leg child- no limits
-illeg child- up to grandchildren and grandparents; cannot extend higher or
lower.

Support pendent lite
-support decided on prima facie level

Q:A filed case for annulment against B. Nullity of marriage. B resisted annulment
case and B claims support from A. In support pendent lite incident, B proves the
need of recipient. B proves the capacity of giver on preliminary basis. A did not
present evidence, except the certificate of local civil registrar that there is no
marriage license. Will judge grant support pendent lite?
A: NO! The probably of outcome of case on prima facie level is that the nullity will be
granted. Since no ML, and that leads somewhere making marriage void, so no
support.

Requisites in support pendent lite:
1. prove recipients need
2. prove the capacity of giver
3. prove the probability of outcome of the case


-if shown that not entitled and was already given, must reimburse.

Hierarchy: (Mangonon)
1. spouses
2. descendants
3. ascendants

Q: A and B separated. They have children. A holds children. B has no income. A
asked support from Bs parents.
A: SC says that A is right.

If there are arrears since one has not given support in a long time, you can collect
support in arrears! (Mangonon) Up to what point? Go to Article 203 (1). From time
you needed maintenance, but it will not be paid until ej or j demand. So make
demand. So count from the demand=thats when you count arrears not from the
time of birth.
-since obligation from law, prescriptive period is 10 years


Lim Lua: A and B. A gets support from B for her children at 50,000 pesos per month.
Support never final, always provisional. Order of judge=50K. B gives 50K. B also
gives additional allowance. Gives son car, toothbrush. Lol A now asks again. B says
can we credit what I have given before?
A: B cannot credit those previously given. GR: AN order is an order, comply with it.
Anything given in excess of order is mere generosity. Cannot be credited. But then
SC allowed the crediting of necessary expenses (toothbrush, lol)


Articles 147 and 148
GR: If void marriage, property regime is Article 147 and 148
Exception: Under Article 40 because here, property will be liquidated as if ACP/CPG

When 147/148 applies?
-147 applies when:
1. parties are capacitated to marry- legal capacity- not under 18, not
incestuous, not against public policy, and not bigamous. If the marriage is
void because under-aged, incestuous, against pp, bigamous, 148 is the
property regime; adulterous-148.
-The rest of the void marriages fall under 147, including psychological
incapacity.
2. living together exclusively
3. man and woman in void marriage, or live-in relationship

Difference between 147 and 148
-in 147, one of the partners contributes money, the other one manages the
household. It is enough to create a co-ownership so that when they separate, unless
they agreed on division, division is 50-50.
-in 148, there is no presumption of co-ownership. Must prove co-ownership,
condition sine qua non, show actual contribution. Otherwise, there is no co-
ownership. Management of the household does not apply.

Properties to be liquidated: (same rule for 147 and 148)
Q: Married in 1990. Separated in 1995. A bought mansion in 1997. Marriage
declared void in 2000. Properties are now to be liquidated. Marriage voided because
f PI. Will mansion be included in liquidation?
A: No. Law expressly provides that the only properties that will be liquidated are
those acquired while they were living together.

But if marriage is declared annulled, different case because valid marriage
until terminated. Note that it is different for declaration of nullity and annulment!

Q: In annulment, and legal separation, subsequent void marriage under article 40,
when will properties be liquidated when properties are liquidated?
A: Follow 2043. The share of the one in bad faith in net profits will be forfeited. In
favor of the common children, child of the guilty spouse, or innocent spouse. (follow
hierarchy)

Q: IN void marriages, what will be forfeited?
A: All the shares in the property of the person in bad faith shall be forfeited in
division. Compare above where only net share in profit. For forfeiture:
In null and void marriage, forfeiture in favor of common children, descendants, then
innocent spouses. (NOTE: Different since no child of guilty spouse

But in the recent case of Quiao v. Quiao : In annulment, legal separation, Article 40, if
there are no separate properties, the interpretation of the share in the net profits
will be the whole share. So in effect, it will be similar to void marriages if there are
no separate properties.


Parental authority;
1. Over the person;
2. Over the property

If a child is legitimate, parental authority shall be with the father AND the mother.
Incase of disagreement, fathers decision prevails, subject to questioning of mother
within 5 years.

If child is illegitimate, it is only the mother who has parental authority, up to the
time when child is 17 years old.

CUSTODY
-if legitimate, child below 7 years, will be under the custody with mother, unless
compelling reason is found by court
-If 7 and above- child can choose. But childs choice is not binding as court
can disregard it since guided by the inflexible principle of the best interest of
child. In fact, child (illeg/leg) can be placed under the custody of third
persons
-if illegitimate, mother will have custody up tot the age of 17 since she is the only
one who has parental authority

NOTE: There is no such case where illegitimate father can file case to order that he
be given parental authority over the child. .

Antonio case: Mr. Antonio is asks for parental authority since he claims that he is
legitimate father, also asked that name use his surname. SC: Only the mother has
parental authority over an illegitimate child. With respect tot name, since minor, the
mother must consent since she represents the child.

Q: A and B (both Filipinos now separated) entered into an agreement for joint
custody of child in the United States. Had the agreement approved by the courts in
the US. They came back to the PH. A wife changed her mind and said that she alone
has custody. Is A estopped by the agreement for joint custody?
A: No. The agreement is void. Any agreement for joint custody of child under 7 years
of age legitimate child, even if willingly entered into by 2 Filipinos anywhere in the
world is void.

Vicarious liability of parents
-parents liable for all damages caused by minor child
-schoolssolidary liable if minor causes injury to another in school

Suspension and termination of parental authority:
-terminated upon death of child, upon reaching age of emancipation (18)
-sexual abuse- PERMANENTLY terminated. It can never be revived, even by court
order
-parental authority over property= bond needed (guardians bond)


Judgment of court in family court is final
-judicial declaration of presumptive death is final. Cannot be appealed under article
45, but can be subject to certiorari under 65

SURNAMES
Q: A and B (Susan roces) have a daughter. Can daughter be named Susan Roces Jr?
A: No. Jr. can only be used by a son.

Q: Mrs. Corazon Aquino, correct? No.
A: Mrs. Benigno Aquino is correct.

Q: Can a woman in an annulled marriage use the surname of the husband?
A: Yes. Except:
a. When the court orders otherwise;
b. woman is guilty party;
c. there was remarriage

But if it is a void marriage, woman must go back to her maiden name.

Q: Is a woman mandated to use the surname of husband?
A: No. There is no law requiring a woman to sue surname of husband.

Rino v CA: Under Passport law, once you use the surname of husband, any renewal
must be the same. Only when there is declaration of nullity/ annulment that you can
change it back to your original surname.

In re: Stephanie: When illegitimate child uses surname of mother, she has no middle
name. But is she uses surname of father, use middle name of mother.

Q: A and B have child. Not married. A father wanted to adopt child. B
(mother)agreed. When adoption decree issued, parental authority of mother
terminated. Only father has parental authority because of adoption. But father asks
if child in adoption case can use the middle name of the mother?
A: Child be allowed to use middle name of mother, on 2 grounds:
a. Custom- can be used if proven as a matter of fact
NB: Succession case: Filipinos have Chinese ancestry. Follow Chinese
tradition. He says in Chinese tradition, only eldest son inherits. SC:
Nope. Since you are Filipino, follow national law. Besides, you did not
prove custom as fact so it cannot substitute law.

b. When it comes to child, the inflexible criterion is paramount interest of
child. Better for child to have middle name, she knows mom anyway. (In
re: Stephanie)

ENTRIES:
When it comes to first names and nicknames, go to local civil registrar:
1. humiliation
2. confusion
3. conflict- i.e. used in subsequent documents already

Change in surname:
GR: You always go to court
Exception:
1. Typographical errors
2. The change in surname of illegitimate child from mother to father,
 a. When father allows it
b. If minor, mom consents
c. Affidavit of father acknowledges that child is his and his statement
that he allows use of child


problem as to month of birthday-civil registrar
day of birthday-local civil registrar
year of birth-go to court

Declaration of absence:
Art 381- Absence for 2 years, a friend is given legal standing go to court to
safeguard interest of his friend
-7 years, 4 years- If not for remarriage, no need for judicial declaration of absence.
Ipso jure at end of 7th year, presumed absent, but show proof that you looked for
him, and exhausted all means. No need for court order
Exception: For purposes of remarriage Here, there is a need for a judicial
declaration of presumptive death


Entry in civil registrar is proof of facts contained therein:
-Note that entries there are not statements of fact, but conclusions of law
Case: A charged or falsification of public document for checking legitimate,
when in fact he was illegitimate. SC: No falsification since falsification refers
to falsification of statements of fact. Here, what was allegedly falsified was a
conclusion of law.

ADOPTION
-an agreement to adopt the child prior to the birth of child is VOID. This is not
allowed under adoption law.
-Before you adopt, there must be a psychological testing of all concerned. This is
mandatory.
-In interpreting the best interest of child, you can go to international treaties to
determine what this means. (in whereas clause)

In old Adoption law, foreigners cannot adopt except in certain cases. In new law,
foreigners can adopt as a general rule. But see additional requirements to be
eligible.

Q: Who can rescind adoption decree?
A: Only the adopted. Adopter cannot rescind an adoption decree. Distinguish
rescission from declaring null and void the decree. In the latter, any interested party
can assail it, including the biological parent, and the adopters.

2 stages of adoption:
 1. Administrative- psychological testing, searching for the missing parent,
DSWD issues certificate of availability for adoption;
2. judicial decree issues; final after lapse of 15 days

NOTE: Adopters deemed parents at the time of FILING of petition

All legal ties of child with biological parent are cut. Including successional rights.
Except: Testate succession

Issue: Does adopted child have right to representation? 2 conflicting views:
1. yes since there should be no discrimination
2. none because the adopted child is not related by blood to grandparent.
Cannot force grandparent to give anything, even by operation of law to the
child of which he is not related. Note; anti-discrimination provision in law
only applies to parent and child

7610
4 types:
1. Pornography
2. Trafficking
3. Prostitution
4. All other types of abuse-note that spirit of abuse must be to denigrate the
human person of the child
Case: Child is annoying. Man pushed child. SC: not liable under 7610. There
must be showing that it was meant to denigrate humanity of child.

Case: Teacher hit annoying student on leg. SC: No case for physical injuries.
No crime when no criminal mind. Intent of teacher was to discipline, no
criminal intent. (Bagajo)

-simulation of birth certificate is presumption of child trafficking

If there is no separate property, share in net profit is equal to whole share. (Qiao
case)

Inter-country adoption law:-socio-legal process

1.adminstative part- happens in the PH. Board examines applicants, match applicant
with child here in the Philippines. If there is match, ask applicant to come here and
fetch children.
2. Judicial-in another country where court case will be filed for adoption. Decree will
be issued by foreign court.

Difference: age qualification.

Civil Code:
-Ignorance of law does not excuse.
-Article 3 only applies only to mandatory and prohibitory laws. Does not apply to
directory laws.
-A law must ALWAYS be published. No exceptions. But date of effectivity may be
varied.

Article 15
Q: In Norway, gay marriages are allowed. 2 Filipino males went to Norway and got
married there. Is marriage valid in PH?
A: No. Laws relating to legal capacity, status, condition of family shall follow you
everywhere you go. Under Article 177,

Prying into the privacy
-similar acts- covered by prohibition when you put CCTV in resident store


-Conception is the beginning of life (article 40 has been amended by Article 5 of PD
603- the civil personality of child shall commence from the time of conception for all
purposes favorable to it, subject to requirement in article 41)

-if 7 months and above, alive with civil personality; if child is less than 7 months
intrauterine life, he must live for 24 hours. Otherwise, no civil personality

Villaluz case: Bf and GF, nabuntis. Husband asked for aborition, four times. On the
5th,aborted even without consent of husband. Husband sued doctor for and on
behalf of child for not allowing the child to frow as a person. SC: Dismissed. Child did
not attain civil personality. Husband is not representing anything.

Jurisprudence updates:

Noveras v Leticia: US citizens obtained divorce abroad. Since divorce not duly
proven, not recognized. Notwithstanding non-recognition of divorce, since proven
that they were already separated for a year, that can be a valid ground for judicial
separation of proeprty.

Problem here is that delivery of presumptive legitime was ordered. NOTE that as a
GR, the only time when presumptive legitime is required to be delivered is in the
case of Article 40 and Article 45 (void marriages). It is not required when there is a
judicial separation of property. But note that in case the facts are as follows, rule
accordingly.

SSS: Collateral attacks are allowed to declare marriage void to attain your own
purpose.

Fujiki: Only husband and wife may file a direct action for nullity of marriage.
Collateral is okay. For example, succession cases. But this rule does not apply to
bigamy cases. Here, especialy hat Fujiki is the first party, so he obviously had a
direct interest as well.

Santiago: 2nd marriage had no marriage license since they pretended to cohabit for 5
years. Other sps died. Still convicted of bigamy. Even if rule is that one can only be
convicted of bigamy provided the 2nd marriage is valid, here, despite such flaw
which made 2nd marriage void, because of her deceptive scheme to conceal a
bigamous marriage, she should be convicted of bigamy.

Nonato: when marriage is void, apply 147 (property arrangement without marriage,
or void marriage for as longa s no impediment to marry each other). Do not apply
129. Just because children in article 36 marriage are legitimate, does NOT mean that
you have to deliver presumptive legitime. What governs is 147 and rules on co-
ownership.

Republic v Narceda: No appeal, no MR allowed for declaration of presumptive death.
Final and execyutory. BUT in Saranogon, can file petition for certiorari under Rule
65.



LAND TITLES NOTES (based on Atty. Abanos lecture)

-Section 14, PD 1529- who may apply; what he must produce
File application for registration of title to land in RTC where land is located
o Can file in MTC if no opposition, and value of property is Php100,000
and below ug
o Can file personally or thru agent with SPA
o Qualified: by themselves or thru predecessors-in-interest have been
in OCEAN (Open continuous exclusive adverse and notorious)
possession of lands in disposable land in public domain under a bona
fide claim of ownership since June 12, 1945 or earlier
Alienable and disposable- declaration by State needed;
Required evidence:
A CENRO certification if the land area is less than 50
hectares; PENRO (provincial environment natural
resources officer) certification if area is 50 hectares or
more
o Certify states that land is wthin area that is
alienable and disposable
A copy of the original classification of land as alienable
and disposable approved by DENR Secretary, certificate
by legal custodial of official records (REPUBLIC v
Ranses; June 9, 2014; Rep v Castuera, Jan 14, 2015)
OCEAN procession for at least 30 years
 June 12, 1945-do not follow
OLD interperataion:30 years counted from time land is
declared alienable and disposable
PRESENT RULE: OCEAN POSSESSION for at least 30
years; regardless of when declaration is made, provided
when he filed petition for registration, land is already
alienable and disposable (Malabanan case)
Q:As predecessors in interest has be in open,
peaceful, exclusive and uninterrupted possession
and occupation in the concept of owner of land
even before June 12, 1945. Land was classified
and declared as alienable and disposable in
2001. A filed pet for re gin 2016. OSG opposed
contending that less 30 years have elapsed since
declaration.
A: OSG is wrong.
o NOTE: Flip-flopping decisions by the SC. After
Malabanan, SC reverted to old rule. But in 2015,
2016, back to Malabanan.
Proving possession for 30 years
o Documentary evidence: Receipts of tax
payments; tax declaration- tax declaration must
have been issued for 30 years or longer;
photographs of improvements on land
Possession can be tacked to possession of predecessors-
in-interest; there must be privity; i.e parents,
grandparents, vendor; can present deed of sale; last will
and testaments= minuments of title
Who may apply? Acquired ownership of public lands by
prescription under the provision of existing laws
Patrimonial property- i.e. public plaza; public market;
patrimonial property NOT subject to
}p[;]
\prescription right away; there must be a
DECLARATION by LGU that no longer used for public
use/service to be subject to prescription
Prescription- considered private lands of LGU 10
years if gf/valid title on part of applicant (ordinary
prescription); 30 yrs- if bad faith/no valid title
(extraordinary prescription) (Art 1137, NCC)
Those who have acquired ownership of private lands or
abandoned river beds by accretion or accession
o NOTE: If A in possession of alienable and
disposable land for 30 years, by operation of law,
land becomes private land because of 30 yr
 possession, even if not covered by title of that
person. If person abandons land and goes
abroad, possible that A loses land since he has
not registered it. IF B possesses it in concept of
owner, can acquire ownership for 10 yrs
(ordinary presc. gf, valid title); 30 yrs(eo presc,
bad faith, no valid title)
o If A sells to B, B can apply for registration of
property
o Accretion and accession- still need to register;
must be by natural current of river; flood not
included; flood=avulsion belongs to state; or
land from whom deposit was carried away; not
lagoon, not lake; not ocean; not sea. For these,
they belong to state.
Q: S owns registered land adjoining river.
Soil was gradually deposited adjacent to
land totaling 5K sq meters in 1980. But S
did not occupy land, but J occupied it and
developed it in the concept of owner. S
now applied for registration claiming that
5K sq m belongs to her as riparian owner.
A: Since 5K not titled, it can be subject to
acquisitive prescription by somebody
who occupies in concept of owner in
period required. If so, S loses right over it.
So J is the true owner of property.

If caused by flood or avulsion, not S talaga
to begin with but to State, or person from
whom soil was taken away.

Prove 2 things for registration:
1. Land must be alienable or disposable land of public domain/patrimonial land/
private land
2. Filipino citizen, or a corporation (at least 60% owned by Filipinos)
For corporations- a corporation cannot acquire ownership over alienable and
disposable land of the public domain. Only a Filipino INDIVDUAL can do so.
Alien not qualified even if he has bona fide claim for 35 years earlier than
June 12, 1945, ocean.
-if private corp buys from indivudal who ocean of alienable land for 30 years
and since time immemorial. I this situation, corporation which buys from
Filipino indidual becomes owner bcaeuse it is alreay private property. NOTE:
must be private land. Only then, can corporation be the owner. Before that,
corporation cannot.

 If filipinio indiual possessed porerty ocean for only 20 years, if acquired by
corporation, can corp apply for reg? NO. Land is not yet private at that point.
Corporation cannot fill up the 10 year gap

-Not all lands are capable of registration. Example:
1. forest/timber land- there must be govt declaration of land as forest. Even if no
actual trees
-if private land has trees, can be titled since not declared as forest
notwithstanding the presence of trees (forest)

2. mineral land- if private owner owns land with minerals under, private retains
right over surface. Mineral s under not owned by owner, but by state

3. if land is already titled-not necessarily from Torrens system; can be those
occupied by indigenous people; certificate of ancestral domain title/ certificate of
ancestral domain title is a sufficient title; native title is basis of indigenous people=
owned land since time immemorial even before Spanish conquest

4. man-made alluvial deposits/reclamation
-alluvial- must be caused by natural current, not man-made
-reclamation-owned by state, not by person that conducted reclamation regardless
of cost; unconstitutional agreement that reclaimed area be owned 40-60, private-
person that reclaimed- govt.; not allowed that private owner gets a share
automatically. Required that 100% of reclaimed land goes to government first

Q: X and predecessors occupied in ocean 10 ha out of 50 ha of alienable public land.
Occupied in 1942. In 1975, it was declared as forest zone. Can he apply for reg over
10 ha, notwithstanding the declaration? YES, because before declaration, already
became private land in 1972. He occupied it since 1942, so 30 years na by 1972. But
if declaration was in 1950, Jose cannot apply for registration over the 10 hectares
since not yet 30 years. Not yet private party at the time of declaration.

(see Section 14, PD 1529)

After registration, OCT is issued. OCT issued by Land Registration Authority. Not by
the Registry of Deeds. 2 copies of OCT. 1 for RD, then 1 for owner.

Attributes of certificate of title:
1. free from liens and encumbrances, except those stated and imposed by law
and consti i.e. unpaid realty tax, road, agrarian rules, expropriation
proceedings=need not be stated in ct, deemed included as lien
-owner of unregistered land mortgages land to bank based on mere tax dec.
owner later applies for title of land on title, no mention of mortgage executed
earlier. He sells titled land, IPV. Can bank run after the owner, ipv? NO.
Nothing in the title that mentions mortgage lien.
2. incontrovertible and indefeasible
 -CT is best evidence of ownership provide not obtained by fraud
3. imprescriptible
4. not subject to collateral attack
-to question, must file direct action. If unlawful detainer case filed, and
defendant says plaintiffs title is fake, this is prohibited as this is a collateral
act. Judge does not even take cognizance of issue, unless needed to determine
right to possession, but such is merely provisional.
5. presumed valid and devoid of flaw (Mirror doctrine)

CASE: GR is that every person dealing with registered land may safely rely on
correctness of cert title issued. No need to go beyond. Where there is nothing
in the certificate of title to indicate any cloud or vice, or any encumbrance,
purchaser not required to explore further. Need not even visit land (mirror
doctrine) BUT does this doctrine apply to banks? NO.

Is a person who deals with registered land thru someone who is not
registered owner protected by the mirror doctrine? NO. Even if agent has
SPA, not advised to buy land from agent with spa. For protection, can ask SPA
be registered, and that SPA be annotated on certificate of title. So that you
can invoke Mirror Doctrine. That annotation is binding on registered owner
as well.

2 ways of getting Certificate of title, or registration of lands:

1. Judicial process- go to court
2. Administrative process-go to the Land Management Bureau, apply for Pre-
patent or Homestead patent
a. Bot patents usually refer to agricultural lands; applicants are usually
farmers
b. Under RA 10023 (2012), pre-patent for residential land. Different
from above. Features:
i. Pertains to public alienable land zones as residential by LGU,
and not needed for public use or service
ii. Filipino citizen with continuous possession and occupation
under bona fide claim of ownership for at least 10 years
-versus JUDICAIL: 30 years
-shorter for RA 10023, target would be OFWs
iii. Person with dual citizenship or residing abroad (ofw) is
qualified and considered actual occupant
-OFWs family can apply for pre-patent in his name
iv. Application filed with CENRO to be approved by PENRO
v. No prohibition period against alienation or encumbrance
-as soon as applicant has received the title, can sell right away.
-VERSUS pre-patent and homestead patent, where there is
prohibitive period of 5 years. If negotiated, transferred within
 5 year period, transfer is void. Original patentee can reacquire
ownership


REMEDIES:

1. Action for reconveyance-
Q: Property possessed for requisite number of years, now private. BUT before he
could file for registration, X was able to secure free patent over land. What is
remedy?
A: Can file 1. action for cancellation of free patent; or 2. action for reonvenace.
ALtte ris better. Becuese the former, and oyu win, free paten canceller and ladn
will revert back to unregister dland or untitled. But if oyu file for aciotn for
reconveance, provide evidence that you really are owner, court wil order
patentee to reconvey ladn to you with land TITLED.

GR: File action for reconveyance within 4 years from issuance of decree
Exception: Discovered after 4 years

Express k- X is guardian of A (minor). X reigstred As land in his name. If A of
legal age, even when A is 30 or more, A can still file action for reconveyance.

2. ASSURANCE FUND
-once transferred to IPV, wala an. So can fie for damages AND can file action
for compensation from assurance fund.
-within 6 years from issuance; but if still minor at time of issuance or
disable, you have 2 years from time of majority or being able again

3. Quieting of title
Q: Parents own land, mortgaged to bank. Died, now you are owner of land
with mortgage lien. Prescriptive period of bank to foreclose? 10 years. After
10 years from the time the land of mojrtgagee, bank loses right to foreclose.
Nonetheless, mortgage remains cloud over title. No longer valid since
prescribed na. Remedy?
A: file action for quieting of title so that mortgage lien be removed from title.

Q: A occupies land, and has possession. X says he has Deed of Sale over land
executed by Y. not clear that Deed is void. There is cloud. File action for
quieting, cloud is void although document does not show it(not obvious
signature is forged)


2015 case: XY couple mortgaged land to corporation. Defaulted loan, corp
forecloased and was winnig bidder, issued cert of sale. Couple did not redeem. But
corp did not secure the final deed of sale even after lapse of 10 yrs, and cert of title
remined in name of couple. May heir of couple who have died, file an auction to quet
title against foreclosure proceeding and sheriffs certif of sal eon ground that these
have prescribed and are a cloud on their title to property which they inherited from
parents?
A: No. Action will not prosper. Petitioner must have the right over title. At hat point
in time, heirs no longer had the right. Law on foreclosure states that after public
auction, mortgagor has 1 yr to redeem property. If not, mortgagor loses all his rights
and interests over roerty, and now belongs to mortgagee bank. Here, real owner is
mortgagee bank even if title has not yet been transferred to it. Heirs cannot ask for
quieting of title sine they had not title to property anymore.

CASE: Double sale. J sold registred land to A who did not register sale with RD. J
again sold land to B uware of first sle to A, reg in gf.

B is owner, In good faitehr and first one to register. The registeration of deed of sale
even much alter was operative act that transferred ownership to the second buyer.
But note B must be in good faith. If in bad faith, B cannot be in gf even if first one to
register.

If first buyer A registered sale to her under RA 3344, after that, B regisred in good
faith the sale under PD 1529. registration by A is null and void since wrong system
considering that land is titled. Should have been registered under 1529. So B owns
land even if A registered land first.

Q: Rights of vendees/tess over land in PH:
1. former Filipino bought land from Filipino he can still buy. But limited.
Urban-1K sqm; rural-3 ha;
2. Filipina and her foreigner husband bought land and in another transaction
purchased condo unit from Filipno company- purchase of land is valid
insofar as Filipina is concerned. She will own it completely, unless alien
becomes Filipino after; for condo, foreigner can be valid owner of condo unit
provided that company is 60-40. What is owned by foreigner is unit.
Common areas are owned by corporation. What foreigner owns is share in
company.
3. After cert of title was transferred by means of fraudulent instrument to name
of forger, latter sold land to IPV- 2 possible instances:
1 instance: if owners duplicate of reg owner falls into hands of forger and
st

forges deed of sale, then goes to RD to register deed of sale, then surrendered
genuine ct, new tct will be issued. He is not owner pa rin since fraudualent. But
if forger later on sells property to IPV, IPV will own property. Here, fraudulent
instrument can be root of valid title since genuine owners certificate has been
transferred otae of orgt.

2nd instance: registered owner has certificate. Went abroad. Then X filed an
action for reconstitution of title, claiming that reg owner sold land to him and
showed deed of sale where owners signature is forged. If petition for reconst
approved and orders RD to issue new title. Title not valid. With the title, forger
 sells property to IPV. IPV is NOT owner since real owners duplicate was not
transferred to name of forger.

SALES (Based on Dean del Castillos lecture)
-rules are similar to the rules in oblicon
-requires voluntary agreement between parties.
-it involves the transfer of ownership of thing, real or peronsal, in favor of person,
who is obligated to pay price or equivalent
-does it have to be money? Barter vs sale. But CDC says that they are thes me except
that consideration in barter is another property, whether of same or different kind.
But definition of sale in cc is broad enough to cover barter. SO barter should not be
treated differently In effect, sales rules should be applied to barter
-sale is a TITLE. Not mode of acquiring ownership
-the mode of acquiring ownership in sale is DELIVERY (tradition) of object
-while you have perfected contract of sale, ownership does not transfer until such
time that the object has been delivered to buyer. It its delivery that creates mode.
Sale is mere title. Contract of sale is consensual in character. It is not a real contract
because element of delivery is not necessary for purposes of perfection. Unlike in
pledge wherein delivery is important for perfection for contract
-in sale, suspended lang ang transfer of ownership because that requires tradition.
Actual delivery not needed. There are other forms of delivery like constructive
delivery i.e execution of public document

-sale v dacion en pago
-dacion en pago is a contract of sale. Apply same principles. Only difference is
that in dacion en pago there is pre-existing credit. In contact of sale, there is
none.

-contract of sale v contract to sell
-contract of sale-ownership transfers immediately. Issue of payment in full is
not an issue. Even if no payment in full, if contract of sale, ownership
immediately transfers. So seller can go against buyer if not paid full purchase
price
-normal remedy: rescission.
-contract to sell- no transfer of ownership yet. Contract to sell is subject to
suspense condition. Unless there is full payment of purchase price, there is
no actual transfer of ownership.

GR: the owner must specifically reserve title to himself until such time full
payment of purchase price. Essential in contract to sell is the condition that
payment must be paid in full AND there is reservation of ownership on part
of seller DELIVERY is not essential. Beacuse the fact that you delivered actual
possession of property does NOT mean that there is transfer of ownerhship.

All isntallmetn sales for subdivision and condo units, you take possession of
property but still contract to sell. Not ansfer of wonerhsip yet.
 -REMEDY: Suspendive ocndiito is full payment of purchase price. If it
does not happen, no contract. So rescission is not rpoepr remedy.
Nothing to rescind. If you rescind, it presumes there is validly
perfected contract. If there is validly perfet contract otsell, sale
contract not yet eprfecte. Nothing to rescind. Hence, need NOT file
ANY action. As far as seller is concnere,d subject ot suspensive
condition. If condition does not happen, no contrac,t no obgliation to
deliver adnt ransfer ownership. In contract of sale, reoslutoy
ocnditoin ang non-apyment of purchase price. But some have doubted
this view. But essentially, what it means is tha there is perfect contract
of sale. Full payment NOT made=terminateds contract of sale. CDC
does not agree because if resolutaroty, then automatic termiaion. But
athere are cases that say oyu still avhe to file case for rescission and
follow reuqiremtns for rescission.

-3 essential elemetns:
a. parties
b. object
c. cause/consideration

Delivery is not an essential element for perfection of contrac.t but required for
purpose of transfer of ownership.

-if merely consensual contract between buyer and seller, once the payment has been
made, what are the rights and obligation of parties? For urpseos of tradition,
personal righ ton aprt of buyerto compel deliver.y on selle,r personal right ot collect
ull apyletn of purchase price in exchange for delivery.

PARTIES
-capacity: who can etner into contracts of sale?
-any person who is capable f etenring new contrac tis capable of entering into
contract of sale.
- has civil capcity; not isnane; monor or something from fomr of civil incap, can
enter into contract of sale.
-for minors and incap, must be rep by guardians. Guardians only have powers of
aminsitration. Power to sell, if you are guardian is not among pwers. So when you
sell rpeoprty bleinggni to wad, you msut have court approval. Otherwise, it is
contact entere ditno in excess of auhroity. So contrac tis UNENFORCNABLE.

There are person disqualified from selling/purchasing properties between
themselves:
1. husbands and wives
-to protect the creditors.
-creditors can treat peorperty sold as if no sale and wihn reach of creditors
hwoever the seller is.
 -you cannot sell property of sps ust because he is your sps, if separate
property. Still need spa
-but if property is part of acp or cpg, consent needed. Otherwise, sale is VOID.
-
2. trust relationship
-guadians, admin, exceutors= judicial duty. They cannot enter into contract of
sale involving proeprties beleoignign to wads. Otherwise, UNENFORCEABLE.
Not void provided there is proper appointement as guardian.
-Unenforcable; can e ratified by ward once latter acquires capacity

2. in favor of certain govt officials
-RA 3019
-VOID for being against public policy; cannot be ratified

If under civil interdiction cannot transfer property gratuotuotly. So contract of
sale not coverd in rphibiton. So if you dispose proeprt,y it will be rpeaced by
equivalent vale as ar euslt of contract of sle. But a far as contras fo sale are concnre,d
does not have to be peso for peso. If 1m property, can be osld for 100K for as long as
no fraud, violation,unde inflriecne and seller knows what he is doing.

b.OBJECT
-proeprty which is the one being sold;
-constant (unlike consideration that shifts)
-has to be existing goods/properties.
-has been manfucatured; in possession of seller woned by seller.
GR: Cannot sell something that does not beleong to you
except: future things (FORWARD CONTRACTS are valid)
-only requirement is that oyu own at time of DELIVERY when
ownerhisp t ransfrre.d if you dont have ownerhis, cannot transfer
anything ot buyer.
-need not own it at time of perfection. But msut own at time of
delivery. Can be inexistent at time of eprfecitn; must must exist at
time of perfection.

-can be anything for as long as not outside the commerce of man
-Q: if seller sells something not owned by him (not forward contract). Remedy of
buyer: wala.
-even if seller is estopped no right on the part of buyer except that buyer can
ask for return of money and damages
EXCEPTION: statutory power of sale under any of the court ordered sales:
1. judicial sale-valid for the protection of the buyer
2. when you buy in merchant store
a. so even if stolen, still valid. Real owner cannot ask for
return
i. subject to anti-fencing: if fence and you connived,
sale not valid

-TITLE: principle is that if object is movable, possession of movable property is
equivalent to ownership. Possession by itself is already considered a form of
ownership. Buyer is protected.
Excpetions:
a. owner of lost movable- if the owner has bene illegaly deprived of
ownership thru theft, robbery and estafa, the owner can recover object
from anyone without having to apy for htporey iself because it is his.
-Right of action of buyer is against the person who sold you preoprty. To
tehperosn qho actually sold ti, sale is ovid.
b. No unawlful deprivation, but sold thru public sale/auction
-if this is not something that owner has disposed off buy or in public sale,
as far as buyer is ocnre, dbuyer is proetect since owner can ask for return
but he ha to pay buyer for what he has paid for in public sale
c. when property sold in merchant store-

-immovable
-prinpcle of estoppel that will prevent owner ofrom recovering for
unregiersted
-if registerd: CHAIN OF TITEL:can prevent owner fromr ecoering if there has
been so mayn transfer and can no longer be brought back to woner of
peorperty

CAUSE AND CONSIDERATION
-price
-the sum that is agreed upon ybt he aprties
-it is negotiated and agreed to by the parties
-as far as the price is concerned, does not have to be peso for peso as long as vruct o
valid negoitaiton; parties have agreed and have in fact said yes to price
-cases where price is simulated
a. absolute-parties had no intention to be bound
b. relative- there is an ostensible contract and hidden contract. What is valid
is the hidden contract UNLSS the hidden contrac tis considered illegal. In most cases,
it is argued that hidden contract is contract of doanaiotn sicne no cidneration that
bpassed between buyer and seller. As fara s donation is concnere,d that do esont
require consdierationt o bepaid. But up to you to argue that in fact hdden contract is
a donation.
-undervaluation of price: for tax prupsoes. RULE: osetnsbile contrac that wil prevail.
Because if you enforce hidden contrac,t it will be cosndiered illegal. So even you as
party to contract should nt insist onteh hidden contrac tbecauseit subjscts ou to
criminal prosecution. Illegal not because not ocntac toinvoed. Ther ei ssitl
osntebisble contract and that should eb the one enorced

-what is the consieraoitn invokved? Money or its equivalent
-money- does not have to be in PHP; can be in USD, euro, etc as long as parties
agreed to foreign currency stipulated. If no sitpaution, it must be PHP
-EQUIVALENT where barter ocmes in; does not have ot be actual money; can be
property
-but price or ocnsdieration ust be certain or ascertainable. So parties can agree on
fixed price or formula. Can agree on any form of computation for as long as it is
somethingasceritablnle by thir person
-can they agree that third person will set rpice of contract? YES. Can levae it ot
experts, acocuntabts, lawyers for as long as both parties agree dhta tpirc ebe
determined by thir rens. Svalid sitpuatlion
-only prohibition is aht price cannot ebset by just one party. Since goes agist nature
of sale being consensual contact.
-f non-payment of purchase price
-contract of sale: breach; rescission under certain condition or specific
performance; damages;
-contract to sale- ont same remedies. Rescission NOT remedy since nothing
to rescind; speicic epromfrance- to collect ht eunpaid balance or can say that
since full purchase prce not apid, contract is onsidered NONE_contrac tsine
uspsnesive ocndiotn not fulled.
-Won reimbrsement of paritalpayments- maceda law and recto law (See
below
-gross inadequacy of price is not issue that will render contact od sale null and void.
Because consensual, up to you. For as long as no fraud, vioalence , itnimdaiton. Vlaid
sale even if price inadequate of rhte vlae of poreprty sold.
-CASES: if it is protracte dnegoitaiton, party otok a hwile to engoitate,
evidence AGAINST fraud, violence or intiemdiation.
Of both parties rep by ocusnel, that means that had proeteciton of advice from elgal
expert. Not fom of fraud, vilation or intimdaiton

-wher eno rpice has bene agreed upon presumption that is general and applies to
contract of sale: I no rpice sitpualted,presumption ist aht hter eis price and that
price si considered valid and binding.
-if buyer has approoparties porert,y it is rpeusmed hterei sprice. Considered
as form of vald sale.

-anner of payment- agreed upon by parties

-earnest money v option money
-EARNEST money part of purchase price. If you pay earnest money, there
is already agreemetn t = have sale. Contract of sale perfect. You reicved
money. That bidns seller because tha tis part of purchase price
-significance: can e sued for remained of purchase price ina citon for speiif
cperomfrance; take otside statute of frauds because there is partial
enformcent of contract s
-local practice: even if may earnest, but if sale does not push thru, reutnr
earnest money-agement valid. But legally speaking, inconcsient with nature
of ernaet money. Parties ar ein error lang in ecirpition of what has been paid.
Haha so wrong temrinoloyg ylang. But agreement is valid
 -BUT egaly, if really earnest money, cannot take back money a

-OPTION money- amt paid for in order to have option in your favor. Pay
something in cosnderation of privilege to make up your mind a t a futhre
time; certain period to accept and to decide within that period. If you decide
to proceed, you have to apy full rpcashe rpice; coption money cannot be aprt
of pruchsase price; seprate consideration for oyu to exercise the right to
make decision; to buy or not to buy
-option money gone won you exercise option. Money gone.
-entitles you to make up your mind and have luxqury of time to think about it
until such time that period expires. It is exclusive in character. You paid for
being exclusive.
-consieraoitn needed for option: does not have to be money. PROMISE is
sifuficent to be entitled to rpoetection; can eb aform of enucmbrance. (as
opposed to earnest money money actually paid; cannot be mere promise
earnest money)
CASE: lessor who granted option to pruahse to lessee. The provion in
lease contract hta tllows the lssor to aportiare imporements if lessee
does not exercise option to pruahse is ocnsfered suff consideration for
option.

-Right to first refusal- in PH, it means that if owner of property decides to sell, I will
give you first option to purchase. The person who is giving right of first refusal
already determines the rpice. This is the rpice that he wnts to sell to third party and
what he offers to you. If owner does not decide to sell, no rfr
-option contract v rfr
-option contract: PRICNIAPL contract an needs sepate consdieraiotn
-rfr-not seprate contract; it is provision embodied in abother contract wher
you are given rfr in case other party decides to sell property; a
-right belongs to seller.
-but remedy: no differnet between option breach and rfr breached. Ine ither case,
pwede mag file ng action to file acitonaga against person who bought to recover;
EXCEPT: stock echange. Cannot reoever

-CONSENSUAL NATURE
-no eq of delivery; delivery only to transfer ownership

-offer and acceptance no aprotuclar fomr neede. Proetected bymere consent.

FORM:
-sale: for enforceability; you have to have a form of wiing, note or memorandum.
a. sale contract which is not erofmred ater 1 year
b. sale of movable- if 500 or more; has to be a sale of movable; choses in
aciotn and other form of epronsal preoprty; the rest are not cored if not sale.
c.sale ofimmovables- always covered by SoF. Regardless of amt; regardless of
conditions; asbent note or memo, unenforacebal. Vaid only if raitifed or
 unless it is taken out of statue of raud because hterei partial eeuiton o
delivery.
-where you ahv alreay paid eranes tmoney, taken out of sof an dbecomes
valid and enforancable.

-sale of large cattel requires form haha but unimportant


SALE by description and sample
-if not in acforance with pricutre in lazasda, can return porepry. This is case of
resciion. Rescind ebcaus eit os not meet sample and decistipon. One delivered, there
is transfer of ownership. So you have to rescind sale and return the property

DOUBLE SALE
-GR: priority in time, priority in right
-seocnd slae void. Bu can go agaoinst seller for reutnr of what oyu hav paid
-1544
-CASES: two ro more transciton must invove CONTRACT OF SALE> thre must be
transfer of woernship. Sleller mst have acutaly tarnfered townerhisp to tow or more
ersons wh do not re te same intersts.
-if one is contrac tot sell and one is contract of sale sps domingo case: if one is
contract ot sell and other is contract of sal,e then 1544 does NOT Apply. Because this
follow spirncipel that if contract to sell, then the full payment of pp is supensive
condition. Therefore, if full apmyent not yet been made at time of contrac tos ale has
been made, seller has righ tot sell to the person who is buyer inc ontrac to sale evne
if byer in contract of sale is the later one.

-incase of sps domingo v manano (Nov 2016):even if the buyer in a contract to sell
annotates his right in the title of the property, subsequent purchasers cannot be
considered purchasers in bad faith.. At the time the land was sold to him, the title
was technically free since the suspensive condition of the payment of price has not
yet been fulfilled.

-return of money paid by buyer in contract to sell because he has paid less than 2
years worth of installment:
GR: If installment payments are less than 2 year, and buyer defaults in
payment (for a reason other than the fact that the developer has not
delivered project in accordance with agreement) buyer is not entitled to any
form of reimbursement. Such would be forfeited.

Exception: Case: Even if the buyer has paid less than 2 years worth of
installments, buyer is still entitled to a refund since he was not in default.
Here, even after buyer had defaulted, seller still received payments from
buyer. In effect, he was not considered in default. But since there was no
more project to be sold to him and so seller cannot comply with his
 obligation at the time of delivery, Court ordered them to return what buyer
has paid.

Abarquez: They applied 1544. In contract to sell, the property has alredy been
delivered ot the buyer and buyer has in fact constructed his hosue ont aht lot. And
the seller refused to accept payment form him and he consigned full payment in
court. Having done that, sc said that could not be considered contract to sell anymoe
since payment of full purchase price has already been done. That means that he is
now preferred since completed full payment of purchase price

1544 rule: must make sure both are contracts of sale.
-if sale of movables firs tot possess in good faith; since possession =ownership;
since seller cannot deliver to someone else anyway, provided of course in good faith
-if sale of immovable- first to register in good faith-if no registration, person
preferred is the one presents the OLDEST TILE. NOT certificate of tile. It means that
there is MODE of acquiring ownership. That is what makes him preferred for as long
as in good faith.
-in good faith means that he is not aware of the adverse interest of another
person over property

-risk of loss: certain time gap between the time of perfection (when there is
consensual agreement already) and time of delivery. What happens if property or
object of ocntrac tos ale is lost? If lost beacus eof either buyer or seller, then the risk
is with the person who is ocnsdered at fault. BUT issue is when loss/desutrion by
forituus events?
-since contact perfect butnoy ye delivered? Who bears riska t htatime? Beor
eperfection, res perit domino; if owner of poery and sale no yet perfect, if due to FE<
then the owner or seller bears the risk of loss
-at perfection, at preceise time required to make delivery, the princiepl of res perit
domino. If oyu are selr and conanot deliver because lost due to FE, then risk of loss
with you. So if buyer, not obliged to pay for proer yhat cannot eb dleivere dwhich at
time of eprfeciont no long erexists sicne lost due to FE

-ISSUE: there is perfection. A time of perfection, he can deliver but at delivery time,
seller cannot deliver because due to time gap, lost due o FE:
CASES: GAsano case: 1504, pirnicple of res perit domino. So if lsot due to FE<
because no trnaser of wonerhsip yet, seller bears rsik fo loss. Excpetions:
a. whne seller has retained ownerhisp over property which means that it is
onctract ot sell but solely for purpsoes of seucit gobgliation of buyer ot
pay full pruhase price. Same instance as when you talk about buying orety
on instlalmetn sale. Seller will reserve eownerhi of porpert o take sure he
is paid but he has dleiverd na and all. That mean if rule ist aht res perit
odminio, wilnot be fair sice porp loss due ot fe at the time when
possession of proper already tranfered obuyer an only reason why seller I
keppy ing ownerhisp is ebacuse th sis his guarantee tha tull pp will be
paid
 -after prop delivered ot buyer ebcuase of res perit odmini, buyer already
ufl woner. So whateve lsos evne due to FE< at risk of buyer

-DOCUMETNS OF TITLE:
-not impose dby law excwarehouse man receipt
-invention of merhcants; not repscribed by law
-for the ease and convenience of having to tade and buy proeprties. Instead of you
phsycially brining poreprty, you jstu do it on absis of ducments of title. That is
essentially prupose of document o tilte. Evidnec eof existnec eof the goods. And
herfore, once its there, covered by doc of ittle, can eb osl dantranfrred.
-warehousemans receipt: can sell or tnasfer poreprty covered by WM receipt. Its
easy because oyu dont hav eto phsycally ring oods. Tat is evidence of itle over
property. Tha tis essentially hta thas bene delvieped over time.
-This is something that it covered by warranties.

REMEDY OF UNPAID SELLER:
-contrct of sale:
a. doctrine of self-help inapplicable in contrac to sale. In this docntr,e for purpsoes
of proetcitng lives hwen there is real or immientn danger to life or property
b. possessory lien of unpaid seller-hodl on to roperty until fuly pai; equivent to righ
of retention; NOT like contrac tot sell kasi in CTS oyu can deliver naman eh. Here
you are hldig onto porerty talaga
c. stoppage in tranistu- sop transit of peorert yif not apid; already yin transit. Ask
carrier or delivery peron to return prop back to you. Form then on, can exercise the
special remey of reasel ro rescission.
d. exercise either b or c:
a. special right of re-sale inviles perishable goods if perishable goods, ont
ehabsis of fact hat peroperty iwl deteriorate or be lost if do notact imeidately
evne if prop ocered y contract of sale. For as long as not paid even if
transferred ownership, can have special remedy of resale. For purpose of
perishable goods only; can exercise if right eif righ to tresel is tiulated and
buer has been in default for some time; not immediate remedy. It is osething
hat cab neb given on cais of fact aht default for some time an and goods are
about to perish already
b. rsecial right ot rescind not special daw hahah ebcuse remedy of
resicsion is alays available naman to unpaid seller


WARRANTIES:
a. express warranties-temrs and conditons stpuatle din contract; no restirciotn
as to what he wants to warrant; contractual; representations of seler of
whatever he wants to represent;

warranty is NOT cosidnered a condition.
-breach of warranty will require payment of form of damages as a result of breac of
rpeoresention.
- annul of rescind sale if breach IF agreed upon!!!

b. impied warranties- wheter o rnot stipulated
a. warranty against eviction- carries with it representation that the
seller is the owner of peroperty and that he can transfer title
includeding acbasenc eof ayn form of eucmrance. If amy
encumbrance, tah twil defat the righ o f buyer; all embodied int eh
case of warranty gainst eviction. This means that youa re entitled to
full legal and peaceful possession of thing. Whever buyer evicte
dinwhole or inpar to fpeorert ybcuase there is previosu owner
prefrere,d you can proceed aginst seler
b. warranty against hidden defect- as is and where is sales
-if you see property and you see there are patent defects, you
engioate price based on defect.
-Patent defect on basis of caveat emptor- if something
discoverable by exercise of due diligence, cannot fault seller
-Hidden defect: property is unfit for purpose of which is
intended. Parties have agreed or discussed ocmie into
agremetn as to what is the purpse of peorperty beacus you are
talkig about fitness for what it has been itended. So if sller does
not know what you are using it for, buyer can calim it was fo
rthi spirpse but it cannot be used fo rhtos porouse.
CASE: MRT cars. Mrt cannot be used in thepresent
sstem we have. So if we are buyer of those cars, and its
something hat is not disoverable by due diligence and
investgation and examination of the product themselves, then
considered hidden defect. But defense of seller: nthidden
defects. Specs clearly stipulated, you know whati will be used
for.


INSTALLMENT SALES:
2 special laws: RECTO law and MACEDA law

RECOT LAW:
amortization of payment in partial sums. Reason of law is because people who buy
in installment are people who cannot afford to pay in full
-coverage: involves sale of movable properties.
- Remedies under recto law are ALTERNATIVE; not cumulative

3 remedies sunder recto law:
1. specific performance
2. cancellation of sale; rescission
3. foreclose on chattel mortgage of proeprty

if you choose SP< cannot choose 2 na. since alternative remedie.s will prevent ou
form going after other redies. Evne if you sue ont ehbasis of SP, but for any reason
youar enot ableto collect ful aypmetn of purchase price, can you still rescind or
foreclose on mortgage? As far as the fact of hcoosing SP is conscernd, for purposes of
RECTO LAW that precludes you form choosing everythigne lse. AS opposed ot
orindary ocntacts wherein if you choose sc but unscueful, canresort o recsion pa.
BUT recto law is stricter. Precludes you na!!!

GR: Chattel mortgage, you can collect deficiency
Exception: But if mortgaged is personal property that on installment basis under
recto law, you cannot receive deficiency

MACEDA LAW:
-sale of defined space; either subdivision or condominium
-sold specific immovable preoprty
-can it be indsutiral or commercial?? NOOOO. LIMTIED TO RESIDENTIAL
PROPERTIES!!!

Remedies of buyer: where seller reneged on obligation
1. suspend payment
2. cancel it if in fact developer can no longer complete
3. payments made and cannot coniue payment and tere is a right grante dot
seller to seek rescission. Only rpoection grnted to buyer is ability to ask for
return of what has been paid or a portion of it.
a. RULE: fi paid for less than 2 years, not entitled to any form of
reimbumdsn ebcaus eouy are the perons in default. You are ht
eperson paying damges nga dapat.
-entitled to grace period! You cannot eb coinderd in default for
as onga s you ares til within 60 day grace period. And if oyu
pay whtin 60 day pgrace eriod, not considered ot be in default
-secod epxiariont of 30 day grace period, after 60 day period. Demand
of rescission: notralial demand or jduical demand. (so in effect; 60
days after oyu iale dto apy, you can have grace period and pay for
unpaid balance. After 60 day period, developer can send you notice or
rescsion/canceleton, from receipt, you avhe another 30d ays to pay) if
il cannot pay, sale cancelled,not entitled to receive any form of
reibusment of what has been paid.
b. if you pass 2 year installment period, you are entitled to reimbursement
50% of what has been paid
-if more than 5 years, additional 5% per month, maximum of 90%



AGENCY: (based on Dean del Castillos lecture)

Agent -a person who is the alter-ego of another person

GR: Whatever a person can do personally, he can do thru an agent
Exception:
a. Personal rights i.e rights as parent, wife
b. Political rights i.e right to vote

GR: a purely consensual contract; consensual between principal and agent
But there are instances when an agency is created by law

-what is a contract of agency what you do in representation of another person;
acting for and behalf of someone else;

SPA- in most cases signed by principal. Does it have to be accepted by agent? Yes
because it is a contract. Acceptance can be either implied or expressed.
Can an agency be created by silence?
a.Face to face, give SPA, silence=implied acceptance because you could have
refused to it
b. not face to face; send SPA, if not sent back, is that implied acceptance? No.
Except: if general business/character of agent

-a fiduciary relationship; element of confidence (similar to partnership)

CASE: in a contract of agency, even assuming that the agent was illegally
dismissed because he allegedly committed act inimical to agency but turned
ot false, agent wanted to be reinstated. SC: this is fiduciary relationship. P can
appoint anyone he wants. If trust and confidence lost, evne if confirmed that
here was illegal temriantion of agency, court cannot order reinstatement.
What can be done is the payment of damages/ compensation.

-cannot take an adverse position against the principal estopped fro certain
adverse interst; cannot claim ownership of property given under contract of
agency.

DOUBLE AGENCY
-GR: Against public policy;
-can you be agent of 2 different parties?
GR: No since you are representing conflicting interests
Except:
a. with consent of both principals

Q: Does a double agent get paid?
A: if there is knowledge and disclosure to both parties, you can get compensation
from both. If not disclosed, you cannot recover compensation from either.

But fi you disclosed to one buy did not disclose to the other, you wont get paid at all
pa rin since you are considered in pari delicto. In effect, the agent and the principal
who knows will be considered in collusion.


DIFFERENCE WITH PARTNERSHIP:
1. Similarities
a. Both relationship are fiduciary in character. Element of trust and
confidence and because this is purely personal, terminated
AUTOMATICALLY by death Cannot extend agency after death.
Principle is what principal cannot do, an agent cannot do .Cannot be
assigned, succeeded to, or transferred.
2. Differences:
a. Agency relationship is vertical in character. Partnership- horizontal.
i. Partnership- equal; stand on the same footing; same rights and
privileges; contributions and profits may differ as these
depend on contribution. but rights and privileges are generally
equally; liabilities differ (depends on
ii. Agency- follow orders; not on the same footing as principal;
b. Nature
i. Agency- alter ego; so principal is one who enters; all
obligations incurred are that of the principal; principal
assumes no personal liability provided acting in accordance
with terms and conditions of agency
ii. Partnership- partners can bind himself and partnership with
respect to certain acts considered as part of business of
partnerships
c. Compensation
i. Agent is paid compensation for services performed. But there
can be gratuitous agency if agreed upon (commission, fee)
ii. Partner not paid compensation. True partner gets share in the
profits of the partnership. No specific amount of compensation;
but specific portion of profits less your expenses
d. Registration
i. Partnership-if registered in SEC, treated like a corporation so
personality distinct from partnership; if not registered, follow
rules on partnerships.
ii. Agency- cannot be registered. Filing of powers of attorney is
not a registration that creates a separate personality

JOINT VENTURES
-creates a civil partnership
-you decide to go into business or undertaking together. So, you are considered as
partners
-if the JV is registered with SEC, it is treated as corporation, so not partners but
shareholders in JV.


FORMALITIES
-can be oral, written, private or public instrument
-no formalities required; consensual in character. From the moment parties agree, a
contract of agency arises
-as far as third persons are concerned, form of writing required to show 3rd person.
But not for purposes of validity or enforceability

1878- SPA- has to be notarized. This is not a legal requirement to bind
principal and agent so as between principal and agent, notarization not
required. Notarization required to bind third persons. Involves transactions that
would have to be registered.
i.e. sell property- notarized .not for validity or enforceability, but for
convenience and to bind third persons


BROKER v AGENT
-Legally, they are not the same. Broker is defined as a person who brings parties
together. Once you bring parties together, make them negotiate. You can aid in
negotiation. But you dont represent parties. Parties enter into transaction
themselves
-brokers do not sign on behalf of principal; parties themselves negotiate
-but agent: agent can negotiate, can agree to terms and conditions provided within
the scope of authority. Agent can bind principal because he is there as alter-ego. He
represents you and can agree to certain terms and conditions. Broker cannot do
that. Broker cannot say yes or no by himself. Broker has to consult with
owner/buyer (not principal)

CASE: Broker as go-between the parties. Not persons with authority to bind the
parties. They bring parties tougher. Parties talk and negotiate and enter into
contract themselves.

-REBs function is one where you are authorized to find buyer or seller. This is not
agency!
- so if broker, you do NOT need SPA. Paper only needed to act for and your behalf.
Only authorized to find buyer or find seller. This is not authority to sell. NOT under
1878.

-if agents are presumed to be acting for compensation, brokers are too

CASE: Cases where brokers are not paid. Bring parties together. They talk and
discuss then they sign contract. So broker has to prove that there is proximate and
causal connection between the principle sale to the brokers efforts. Show
EFFICIENT PROCURING CASE.

Procuring cause is a cause that must originate from an event that would lead to
consummation of transaction without break in the events. Trace that broker started
event and then there were continuing events, and then led to sale of property.

CASE: authority of broker expired. Question is won broker still entitled to
commission? SC: Look into length of time from termination of authority until
consummation of sale. IN case, since authority expired 1. 5years ago, cannot be
considered the procuring cause for the consummation of transaction. Here, there
was already break of events. There must be no break in events from the time of
introducing buyer and seller up to time the transaction was actually closed. But
note: just because expired, does not necessarily mean no longer entitled. Still
possible provided that the efficient procuring cause can be shown.

Remedy: Can add provisions in authority that if owner can sell property from one
year within termination of brokering agency, still entitled to commission.


Q: Is principal always bound by acts of agent?
A: If agent does functions within terms and conditions of power, principal is bound.
If he acts beyond or in excess of his authority, the principal is not bound; principal
cannot be held liable. Unenforceable as against the principal. EXCEPTION:
1. When principal receives/derives benefit.
2. if principal is guilty of negligence because he entrusts documents blindly.
3. Agency by estoppel (giving blank documents, making it appear he is
authorized when in fact he is not; does not stop agent from acting as
agent in front of third persons


GR: all terms and conditions of agency will have to be dictated by principal

1878-most important provision in agency (MEMORIZE); items that must appear in
SPA.
-nature of SPA: For a specific limited purpose. Ad hoc. Once accomplished,
authority terminated. i.e. If authority to sell specific property once sold,
agency terminated.
-no need to revoke SPA since SPAs are ad hoc.

n MORTGAGES special power to mortgage does not include special power to
sell; or power to enter into subsequent mortgage. Just one mortgage. UNLESS
SPA specifically says so.
n Compromises does not allow agent to submit to arbitration. Ratio: when
you compromise, you decide for and behalf od principal as to what he will
agree to. If submission to arbitration, you place it in the hands of third
person. Principal may not like that.


SPA v GPA:
-GPA authorizes all acts in relation to business or certain form of activity; does not
provide for specific actions that can be done. It is authority to manage and to
administer his properties or his business. A GPA only allowed powers of
ADMINISTRATION. There can be NO powers of ownership (power to compromise,
power to sell) in GPA.

Q: Can an agent appoint a sub-agent or substitute?
A: If no prohibition and no authority to appoint- you are authorized to designate
as sub-agent for as long as sub-agent acts in accordance with powers and unction
given to agent under spa.

If there is prohibition to appoint sub/assignee/sub-agent but you hire sub
principal will NOT be bound by acts of sub-agent. Agent is bound to principal. Acts
entered into by sub-agent considered void as against principal. Agent who hired
sub-agent, not the principal is liable to third person..

If there is authority with full power- charge to principal; agents prerogative to
appoint and choose if no designation; acts of sub-agent are treated as acts of agent
for as long as within the powers granted. EXCPETION; If you appoint someone
notoriously incompetent/insolvent, agent, not principal is liable third person.

Q: Can you appoint two or more agents to act on the same thing at the same time?
A: Yes. Liability of agents:
a. If appointed simultaneously- both liable as far as the transaction is
concerned. Binds principal
b. Liability- follow rule on ordinary contracts; JOINT, unless provision
provides that their liability is SOLIDARY

But for brokers, if there are multiple brokers appointed? Valid for as long as you
disclose to each broker that he is not an exclusive broker.

EXTINGUISHEMENT:
1. can self-destruct
2. have period, expired
3. specific purpose accomplished
4. if agent acts outside authority
5. death of principal (no exception). Once principal dies, agency terminated.
Thats why heirs cannot continue with respect to agency.
a. If they are heirs and succeed to property, they can appoint agent again
b. If agent dies, heirs of agent cannot continue agency.


TORTS (based on Jess Lopezs lecture)

Act or omission can give rise to more than one cause of action:
 1. quasi-delict
2. breach of contract
3. delict
-note: Not all crimes give rise to civil liabilities like begging in contravention
of an ordinance, violation of game laws; infraction of traffic laws when no one
is hurt

These are distinct causes of action. One act can give rise to two or more causes of
action, even against separate defendants. LRTA v Navidad case fistfight in LRT
involving security guard and passenger. Against LRT, passenger can bring action for
breach of contract against LRT; quasi-delict against the guard.

Quasi-delict
1. damages suffered by plaintiff
-can be either:
monetary- actual loss or future loss (like loss of future profits)
non-monetary-physical suffering, mental anguish, etc

Proving monetary damages:
GR: to prove damages, present best evidence obtainabledocumentary
evidence
Exception: If documentary evidence not available, loss of earning capacity
may be awarded even absent documentary evidence when:
a. deceased is self-employed and earning less than minimum wage
under labor laws; judicial notice taken of fact that in his line of wrok,
no documentary evidence is available; or
b. deceased is a daily wage worker earning less than minimum wage
under laws
Note: vouchers are not receipts, voucher is merely documentary record of
business transaction. Receipt > vouchers. So payroll documents containing
signatures of employees are best evidence of payment, not vouchers
submitted

Proving non-monetary damages:
GR: Present best evidence obtainablepresent person who himself suffered
the non-pecuniary damages.
Except: Damages presumed in the following:
-More damages are presumed in the following cases: homicide,
murder, rape, death of minor, libelous per se statements

2. fault or negligence on the part of the defendant or some other person
for whom he is responsible
Statutory definition in Article 1173- relative to the nature of the obligation,
time and place
-diligence and negligence are relative concepts; relative to factual scenario

 Proving fault or negligence:
GR: Burden of proving fault or negligence lies with plaintiff
Exception: When negligence of fault may be presumed
a. res ipsa loquitur
i. accident was of such character as to warrant an inference that
it would not have happened except for the defendants
negligence;
ii. the accident must have been caused by an agency or
instrumentality within the exclusive management or control of
the person charged with the negligence complained of;
iii. the accident the accident must not have been due to any
voluntary action or contribution on the part of the person
injured; AND
iv. no direct evidence is available
b. respondeat superior- when something wrong happens, negligence is
presumed or inferred on the part of party against whom negligence is
alleged
-If in the context of employers, it means vicarious liability under
Article 2180
-applies to holding common carriers liable for acts of employees
BUT liability is based not on respondent superior, but on
special undertaking of common carriers to transport
passengers safely
-banks with respect to its ees
c. violation of rules and statutes
-but this does not necessarily mean you are liable. If must be
negligence per se PLUS proximate cause
-presumption does not arise in case of violation of private employers
rule of conduct
-Read 2184, 2185 and RA 10586
Note: In RA 10586, if person found driving under the influence
of drugs a or alcohol and he cases injury, OWNER is also liable
-it does not say that person founds driving under the influence
is presumed negligent
-principally (but not exclusively) applies to public utilities and
commercial vehicles

d. dangerous weapons and substances
-no presumption if indispensible to business


Strict Liability Tort-fault or negligence not always necessary to have cause
of action for QD if you have strict liability torts. FAULT OR NEGLIGENCE IS
NOT A FACTOR. Liability under this is not premised on fault or negligence.
a. Possessors/users of animals (2183)
 -based on natural equity and social justice; whoever owns or
posses animal is liable for damages caused by it
b. Manufacturers and processors (2187)
a. Defendant is manufacturer or processor
b. Products involved are foodstuffs, drinks, toilets, articles,
and similar goods
c. Noxious or harmful substances were used in manufacturing
d. Death or injury was caused by noxious or harmful
substances used
e. Plaintiff is user, purchaser or consumer
c. Head of family in building or part thereof (2193)
-applies to lessees and tenants as well since they occupied
property too

Vicarious liability- 2176 against actual tortfeasor, and based on 2180
against person who is responsible for the tortfeasor; solidarily liable with
one primarily liable, but can claim full reimbursement for amount paid
a. Parents and other persons exercising parental authority
a. Children below 18
i. Living in their company; and
ii. Under their parental authority
b. Children above 18 but below 21- only need to
establishing child is living in their company
-Mom and Dad exercise joint parental authority so jointly
liable; direct and primary liability
-defense: Diligence of good father of family

b. Schools, Admin, teachers, Institut, Individuals engaged in
childcare
-see chart from thesis
c. Guardians
a. Minor or incapacitated person must be living in their
company; and
b. Under their authority
Defense: Diligence of goods father of family
d. Employers, Managers, Owners of Establishments
Defense: Due diligence and selection and supervision of
employees
-if employees are on strike, acting beyond scope of assigned
tasks so er cannot be held liable for torts committed during
strike
e. Hospitals (subset of employers)
Liable for acts of doctors, nurses and medical personnel

Theories on which vicarious liability of hospitals may be based:
1. Employer-Employee Relationship
 2. Doctrine of Ostensible Authority or Agency by Estoppel
you only have to establish that 1) the hospital held the
doctor out as its employee or as its agent; and 2) another
person relied on that representation.
3. Doctrine of Corporate Negligence if the hospital has its
own prescribed standards for diligence and the hospital
failed to observe that standard of diligence, it was
negligence by its own standards If you are applying the
doctrine of corporate negligence, are you in fact applying
the doctrine of vicarious liability? No. The doctrine of
corporate negligence makes the hospital liable for ITS OWN
NEGLIGENCE, i.e. its failure to live up to its own standards
of diligence.

Defense: Due diligence in selection and supervision of
employees

f. State
. A State is immune in the following instances:
- Public officer performing his assigned tasks or official
functions.

A State is liable in the following instances:
- Public officer specially commissioned to perform a task
beyond the scope of his functions, i.e., State acts through
a special agent;
-State engages a private individual to perform
governmental tasks, i.e., State acts through special
agent;
-State engages a private individual to perform non-
governmental tasks, i.e., State acts as an employer; and
-A government employee performing proprietary functions
(i.e. driver), i.e., State acts as an employer.

g. Teachers or Hears of establishment of arts and trades
-see chart from thesis

3. causal connection between no 1 and 2
Proximate cause is that cause which in the natural and continuous sequence,
unbroken by any efficient intervening cause, produces the injury and without
which the result would not have occurred

4. there is no pre-existing contract
-already obsolete
 -BUT this does not mean that all breaches of contract will give rise to
cause of action for quasi-delict. For contractual breach to give rise to
QD, when contract is breached by tortious act.

Air France case: GR: Breach of contract does not give rise to moral
damages
Except: When defendant acts in bad faith, or with gross negligence or
in a fraudulent manner (Here, passenger was wrongfully asked to
leave her seat)



JOINT TORTFEASORS (2194)
-2 or more persons liable for a single injury
-solidary liable, but D1 can recover from D2 only D2s share in the responsiblity. Not
the entire amount paid, since he is liable for his own share in the responsibility


Conflict of Laws

Forum non conveniens:
-Manila hotel in china. Manager recuirted was filiino, he was recruited outside PH.
When contract expired, not renewed. Sued in nlrc for illegal dismissal. SC: This is not
a convenient case for pH courts to decide since none of elemnts in H nd no witnesses
available for case. NO dealing with the PH at all. Note, worker is not OFW so not
governed by POEA rules. So no minimum contacts with the PH
-To prevent forum shopping.
Principle of effectiveness- court will not have effective ability ot decide the
decision, so it dismissed the case

Choice of Law
-if contract stipulates law applied, court does not have to respect choice all the time.
-CASE: Key employee lives in PH. Dispute with former er so sued in PH arguing that
his contract stipulated that Missouri was governing law and palce to be resolved.
Hallenged it that it required him to incur expenses. SC: Defendant is educated so he
is peusmed to have entered into validly.

CASE: Sweetlines: 3 lawyers bought voyage ticket. Visayas. Rerouted. Sued.
Sweetlines said ticket says cebu is venue. SC: Forum clause not enforceable since
ticket was contract of adhesion.

CASE: forum selection clause said that all litaigaiton should be resolve din sg ins g
courts. It said that SHALL BE in singapore. SC: No restrictive to Singapore. So must
be restrictive.

Minimum contacts
-standard to determine if fair to bring foreigner defendant to ph courts. If foreinger
defendant could be reasonable expected to be hailed into court.

A non-resident defendant has minimum contacts with the forum state if:
1. has direct contact with the state
2. has a contract with a resident of the state
3. has placed their product into the stream of commecse such that it reaches the
forum state
4. seeks to serve residents of the forum state
5. have satisfied the Calder effects test; or
Tabloid issue. Tabloid published in Florida, but was about celebrity in
Hollywood. Celebrity can file case in CA since effects of tabloid
reached her there.
6. have a non-passive website viewed within the forum state (i.e when has
Filipino translation option)

Perkins case: Benguet corporation (PH corp) sued in ohio. During war, officers
moved to ohio. US SC: Can be sued in ohio since corporate acts were carried out in
ohio.

Characterization:
Lex loci contractus-
Airline tickets Law of place where airline ticket was issued provided passengers
are residents and nationals of the same place and the tickets is issued in such state
by the airline

Torts-
a. effects test- where effect of harm felt
b. place of harm-where harm was inflicted

Renvoi- literally means Send back or Refer back; when the conflicts rule of the
forum makes a reference to a foreign law, but eh foreign law contains a conflict rule
that returns or refers the matter back to the law of the forum (Remission)

Prescription
GR: Foreign procedural law will not be applied in the forum. Procedural rules of
forum govern, even if action is based upon a foreign substantive law.
Exception: Prescription. Law on prescription is sui generis in Conflict of Laws since
it may be viewed either as procedural or substantive, depending on the
characterization given such a law.
In case, labor benefits. So follow prescription of NLRC, and not Amari.

How divorce decree given recognition in the PH: Like any other foreign judgment, it
may be given recognition only upon proof of existence of
1. the foreign law allowing absolute divorce; and
2. the alleged divorce decree itself

Succession:

Subject to condition: Heir must be alive both at the death and the time of fulfillment
of condition; If testator dies, but condition has yet to happen, give to administrator

Subject to period: Heir only has to be alive at the time of death. Need not be alive
during fulfillment since by death, vested right already, so passes on to instituted
heirs own heirs.
If suspensive period- give to testators heirs
If resolutory period- give to instituted heir


Causion muciana: (security)
1. negative potestative condition -879
2. suspensive term, furnished by testators heirs
3. mode by instituted heir

Representation
-like subrogation
-PDI. Never in renunciation.
- compulsory succession :only in descending line. Never ascending.
-intestate succession: only in descending line, never ascending. and one instance in
collateral line where neph/niece rep uncle/aunt dead.
-never in testamentary succession
-adopted child cannot be represented or represent
-Iron curtain rule applies
-X deceased. Has son A, grandson B, father of X is Y. If A renounces, B inherits. Not by
representation since there is no representation in renunciation, but in his own right.

Reserva Troncal
-all relationships involved must be legitimate;
-do not inquire beyond mediate source; must be ascendant, or rbo/sis
-reseravataria must be 3rd degree,same line, blood relative oto mediate. So
technically wife of mediate source is not reservatario source/origin

Requisites: