PERSONS AND FAMILY RELATIONS the written authority granted by his church or

religious sect and provided that at least one of

MARRIAGE the contracting parties belongs to the
Marriage is a special contract of permanent union solemnizing officer’s church or religious sect;
between a man and a woman entered into in accordance 3. Any ship captain or airplane chief in cases where
with law for the establishment of conjugal and family the marriage is in articulo mortis, where one or
life. It is the foundation of the family and an inviolable both of the contracting parties are at the point
social institution. of death;
NOTE: The ship captain or airplane pilot can
General Rule: Its nature, consequences and incidences solemnize the marriage while the ship is at sea
are governed by law, and not subject to any stipulation. or the plane is on flight, and during stopovers at
ports of call. (Art. 31, FC)
Exception: Marriage settlements may fix the property 4. Any military commander of a unit to which a
relations during the marriage, provided that these are chaplain is assigned, in the absence of the
within the limits provided for in the Family Code (FC). chaplain, within the zone of military operation
and during a military operation, where the
Essential Requisites of Marriage (Art. 2, FC) marriage is in articulo mortis, and where the
1. Legal capacity of the contracting parties who marriage is between members of the military or
must be a male and a female; civilians;
2. Consent freely given in the presence of the 5. Any consul-general, consul or vice-consul for
solemnizing officer. marriages abroad between two (2) Filipino
citizens;
Formal Requisites of Marriage (Art. 3, FC) NOTE: If there is a foreigner in the marriage,
1. Authority of the solemnizing officer; the consul-general, consul or vice-consul cannot
2. A valid marriage license except in the cases be the solemnizing officer.
falling under Arts. 27-34, FC; 6. Mayor
NOTE: The marriage license shall be issued by NOTE: This authority is granted under the Local
the Local Civil Registrar (LCR) of the place Government Code of 1991 (LGC), which became
where either of the contracting parties habitually effective on January 1, 1992.
resides.
3. A valid marriage ceremony that takes place with When Marriage License is NOT Required
the appearance of the contracting parties before General Rule: There must be a valid marriage license
the solemnizing officer and their personal before the marriage ceremony.
declaration that they take each other as
husband and wife in the presence of not less Exceptions:
than two witnesses of legal age. 1. Marriages is in articulo mortis (Art. 27, FC);
NOTE: This ceremony must also be conducted 2. The residence of either parties is in a remote
in a public place, so there can be witnesses who place and there is no means of transportation to
can testify that a marriage ceremony was enable such party to go to the office of the LCR
conducted to solemnize this marriage. (Art. 28, FC);
3. Marriages among Muslims or members of the
Authorized Solemnizing Officers (Art. 7, FC): ethnic cultural communities, provided that the
1. Any incumbent member of the judiciary within marriage is solemnized in accordance with their
the court’s jurisdiction; customs, rites or practices (Art. 33, FC);
2. Any priest, rabbi, imam or minister of any 4. Marriages between a man and a woman who
church or religious sect duly authorized by his have cohabited as husband and wife for five
church or religious sect and registered with the years or more and without any legal impediment
civil registrar general acting within the limits of to marry each other.

1
 NOTE: There is no need for a marriage license. (b) the partition and distribution of the property
What the contracting parties must execute is an between the spouses, and
affidavit of cohabitation, where contracting (c) the delivery of the presumptive legitime to
parties must indicate expressly that they have the common legitimate children. Otherwise,
been living together as husband and wife for the subsequent marriage shall be considered
five years or more and that there is no legal void.
impediment existing at the time of the five-year 5. Those marriages where one or both of the
period of cohabitation. The affidavit of contracting parties are psychologically
cohabitation must contain no falsity. incapacitated to marry each other [Art. 36];
6. Those marriages that are incestuous (e.g.
Effect of Absence / Defect / Irregularity in marriage between ascendants and descendants
Essential / Formal Requisites (Art. 4, FC) by whatever degree; between brothers and
1. The absence of any of the essential or formal sisters, whether full or half-blood) [Art. 37];
requisites shall render the marriage void ab 7. Those marriages against public policy, such as
initio; marriages between collateral relatives up to the
2. A defect in any of the essential requisites shall 4th civil degree of consanguinity (e.g. marriage
render the marriage voidable; between 1st cousins; step-parent and step-child;
3. An irregularity in the formal requisites shall not adopter and adopted; legitimate child of the
affect the validity of the marriage but the one adopter and adopted child) [Art. 38].
responsible for the irregularity shall be civilly,
criminally, and administratively liable. Mixed Marriages and Foreign Divorce
General Rule: Filipino citizens are NOT allowed to
Marriages Solemnized Outside the Philippines obtain a divorce decree abroad. The foreign divorce
(Art. 26, FC) decree will NOT be recognized in the country under the
General Rule: All marriages solemnized outside the Nationality Doctrine [Art. 15, NCC].
Philippines, in accordance with the laws in the country
where they were solemnized, and valid there as such, Exception: If there is a foreign spouse and a Divorce
shall also be valid in this country (lex loci celebrationis). Decree is secured and obtained, capacitating the said
foreign spouse to remarry. In effect, the Filipino spouse
Exceptions: However, there may be marriages that are can also remarry, provided there is proof of (1) the
considered valid abroad, but considered void in the national law of the foreign spouse which allows him/her
Philippines: to remarry, and (2) the absolute divorce decree, which
1. Those marriages contracted by any party below allows the spouses to remarry [Art. 26(2)].
eighteen years of age, even with the consent of
parents or guardians [Art. 35(1)]; REPUBLIC v. MANALO (G.R. No. 221029, April
2. Those bigamous or polygamous marriages [Art. 24, 2018)
35(4)];
Whether the Filipino spouse initiated the foreign
3. Those contracted through the mistake of one
divorce proceeding or not, a favorable decree
contracting party as to the identity of the other
dissolving the marriage bond and capacitating his or
[Art. 35(5)];
her alien spouse to remarry will have the same result:
4. Those subsequent marriages that did not comply
the Filipino spouse will effectively be without a
with Art. 52, FC in relation with Art. 53, FC [Art.
husband or a wife.
35(6)]
If there was a prior marriage, the following shall
Presentation solely of the divorce decree will not
be recorded in the appropriate LCR:
suffice. Before a foreign divorce decree can be
(a) the judgment of annulment or the decree of
recognized by Philippine courts, the party pleading it
absolute nullity of marriage,

2
 must prove the divorce as a fact and demonstrate its evidence to cause the declaration of nullity of
conformity to the foreign law allowing it. marriage.

As an explicit requirement of the law, the

GALAPON v. REPUBLIC (G.R. No. 243722, psychological incapacity must be shown to have been
January 22, 2020) existing at the time of the celebration of the marriage,
Par. 2 of Art. 26, FC speaks of “a divorce validly and is caused by a durable aspect of one’s personality
obtained abroad by the alien spouse capacitating him structure, one that was formed before the parties
or her to remarry.” Based on a clear and plain reading married. Furthermore, it must be shown to have been
of the provision, it only requires that there be a caused by a genuinely serious psychic cause. To prove
divorce validly obtained abroad. The letter of the law psychological incapacity, a party must present clear
does not demand that the alien spouse should be the and convincing evidence of its existence.
one who initiated the proceeding wherein the divorce
decree was granted. It does not distinguish whether
Absence/Presumptive Death of a Spouse in
the Filipino spouse is the petitioner or the respondent
Relation to Remarriage under the Family Code:
in the foreign divorce proceeding. The court is bound
Requisites under Art. 41, FC
by the words of the statute; neither can the court put
1. The absentee spouse has been missing of 4 or 2
words in the mouths of the lawmakers.
consecutive years;
a. 4 consecutive years – there is a
Pursuant to the majority ruling in Manalo, Art. 26(2),
well-founded belief that the absent
FC applies to mixed marriages where the divorce
spouse was already dead
decree is: (i) obtained by the foreign spouse; (ii)
b. 2 consecutive years – there is danger of
obtained jointly by the Filipino and the foreign
death under the circumstances set forth
spouse; and (iii) obtained solely by the Filipino
in Art. 391, NCC namely:
spouse.
i. A person on board a vessel lost
during a sea voyage or an
Void Marriages: Psychological Incapacity airplane which is missing, who
The characteristics of psychological incapacity as a has not been heard of since the
ground to nullify a marriage are: loss of the vessel or airplane
1. Serious or grave; and ii. A person in the armed forces
2. Juridical antecedence. who has participated in war
iii. A person who has been in
danger of death under other
TAN-ANDAL v. ANDAL (G.R. No. 196359, May
circumstances and his existence
11, 2021)
has not been known
Psychological incapacity is not a medical but a legal
2. The present spouse wishes to remarry;
concept. It refers to a personal condition that
NOTE: This is the purpose of going to court
prevents a spouse to comply with fundamental marital
for the judicial declaration of presumptive
obligations only in relation to a specific partner that
death.
may exist at the time of the marriage but may have
3. The present spouse has a well-founded belief
revealed through behavior subsequent to the
that the absent spouse is already dead;
ceremonies. It need not be a mental or personality
a. The present spouse must have good
disorder. It need not be a permanent or incurable
faith; and
condition. The testimony of a psychologist or
b. The present spouse must have exerted
psychiatrist is not mandatory in all cases. The totality
genuine and reasonable efforts to locate
of the evidence must show clear and convincing
the missing spouse

3
 4. The present spouse files a summary proceeding
subsisting when the second marriage was contracted.
for the declaration of presumptive death of the
The crime of bigamy, therefore, is consummated
absent spouse without prejudice to the effect of
when the second marriage was celebrated during the
reappearance of the absent spouse.
subsistence of the voidable first marriage. The same
rule applies if the second marriage is merely
Once there is a declaration of presumptive death issued
considered as voidable.
by the court, the present spouse can validly re-marry.

Grounds for Annulment of Voidable Marriages

REPUBLIC v. QUIÑONEZ (G.R. No. 237412,
(Arts. 45-47, FC):
January 16, 2020)
1. One party was 18 years or over but below 21
The Court cannot uphold the issuance of a declaration
and no consent was obtained from the parents
of presumptive death for the purpose of remarriage
or guardians [Art. 45(1)];
where there appears to be no well-founded belief of
NOTE: The party whose parent or guardian did
the absentee spouse’s death, but only the likelihood
not give his or her consent must file an action
that the absentee spouse does not want to be found.
for annulment of marriage, within 5 years after
attaining the age of 21, or by the parent or
In this case, Remar Quinonez failed to allege, much
guardian or person having legal charge of the
less prove, the extent of the search he had conducted
minor at any time before such party has reached
in the places where he claims to have gone. He failed
the age of 21. [Art. 47(1)]
to identify which of his wife’s relatives he
2. Either party was of unsound mind, unless such
communicated with and to disclose what he learned
party after coming to reason, freely cohabited
from these communications. He also never sought the
with the other as husband and wife [Art. 45(2)];
help of the authorities to locate his wife in the course
NOTE: An action for annulment of marriage
of the 10-year disappearance. Finally, the allegations
under this ground must be filed by the
in his Petition suggest that he is aware of the true
following:
cause of his wife’s disappearance: that she is now
a. The sane party, provided s/he proves
cohabiting with another man and will not be going
that s/he was not aware of the insanity
home because of shame.
of the other party.
b. The parent or guardian of the one with
JUDICIAL DECLARATION OF NULLITY OF unsound mind, at any time before the
MARRIAGE; BIGAMY death of either party;
c. The person of unsound mind, during a
PULIDO v. PEOPLE (G.R. No. 220149, June 27,
lucid interval or after regaining sanity.
2021)
3. Consent was obtained by fraud, unless such
The Court abandoned its earlier rulings and ruled that
party afterwards, with full knowledge of the
a judicial declaration of absolute nullity is not
facts constituting the fraud, freely cohabited
necessary to prove void ab initio prior and subsequent
with the other as husband and wife [Art. 45(3)];
marriages in a bigamy case. Consequently, a judicial
NOTE: Fraud here means [Art. 45, FC]
declaration of absolute nullity of the first and/or
a. Non-disclosure of previous conviction by
second marriages presented by the accused in the
final judgment of an offense or crime
prosecution for bigamy is a valid defense, irrespective
against moral turpitude;
of the time within which they are secured.
b. Concealment by the wife of the fact that
she is pregnant at the time of the
However, if the first marriage is merely voidable, the
marriage by a man other than the
accused cannot interpose an annulment decree as a
husband;
defense in the criminal prosecution for bigamy since
c. Concealment of STD, regardless of its
the voidable first marriage is considered valid and
nature;

4
 d. Concealment of Drug addiction; steps to prevent collusion between the parties
e. Concealment of Habitual alcoholism; or and to take care that evidence is not fabricated
f. Concealment of Lesbianism or or suppressed. (Art. 48, FC)
homosexuality. 2. If the respondent fails to file an answer, the
The aggrieved party may go to court within 5 court shall not declare him or her in default.
years after discovery of the fraud. [Art. 47(3)] Where no answer is filed or if the answer does
4. Consent was obtained by force, intimidation, or not tender an issue, the court shall order the
undue influence, unless the same having public prosecutor to investigate whether
disappeared or ceased, such party thereafter collusion exists between the parties. (Sec. 8,
freely cohabited with the other as husband and A.M. No. 02-11-10-SC)
wife [Art. 45(4)];
NOTE: The aggrieved party may go to court PROPERTY RELATIONS BETWEEN HUSBAND AND
within 5 years by the time the force, WIFE
intimidation, or undue influence has already 1. Absolute Community of Property
ceased. [Art. 47(4)] The property relations of the spouses is
5. Either party was incapable of consummating the governed by a co-ownership.
marriage with the other (impotence), and such 2. Conjugal Partnership of Gains
incapacity continues and appears to be incurable The spouses places the fruits, products, and
[Art. 45(5)]; proceeds of their separate properties in a
NOTE: If either party is impotent, then the common fund; and the net gains are equally
aggrieved party may go to court within 5 years divided upon the dissolution of their marriage,
after the marriage. [Art. 47(5)] 3. Separate Property Regime
6. Either party was afflicted with STD found to be The spouses own, possess, and dispose their
serious and appears to be incurable [Art. 45(6)]. own properties, even without the consent of the
NOTE: The aggrieved party may go to court other spouses.
within 5 years. [Art. 47(5)]
Absolute Community of Property Regime
Included
REPUBLIC v. VILLACORTA (G.R. No. 249953,
1. All the property owned by the spouses at the
June 23, 2021)
time of the celebration of the marriage, unless
The Family Code expressly provides that a marriage
otherwise provided in this Chapter or in the
may be annulled on the basis of fraud through
marriage settlements
concealment only if at the time of the marriage, the
2. Property acquired thereafter [Art. 91, FC]
wife was pregnant and she concealed the fact that
3. Jewelry [Article 92(2), FC]
such pregnancy was by a man other than her
4. Winnings from gambling [Art. 95, FC]
husband.
NOTE: Property acquired during the marriage is
In this case, Mejan was already almost 3 years old presumed to belong to the community, unless otherwise
when Melvin and Janufi got married. Evidently, Janufi proven. [Art. 93, FC]
was not pregnant at the time of her marriage and Art.
46(2) cannot apply. Excluded:
The following shall be the exclusive property of each
spouse:
Collusion in Cases of Annulment and Declaration 1. Property acquired during the marriage by
of Absolute Nullity of Marriage gratuitous title by either spouse, and the fruits
1. In all cases of annulment or declaration of as well as the income thereof, if any, unless it is
absolute nullity of marriage, the Court shall expressly provided by the donor, testator or
order the prosecuting attorney or fiscal assigned grantor that they shall form part of the
to it to appear on behalf of the State to take community property;

5
 2. Property for personal and exclusive use of either PROPERTY REGIMES OF UNIONS WITHOUT
spouse, except jewelry; VALID MARRIAGES (ARTS. 147 & 148, FC)
3. Property acquired before the marriage by either 1. Art. 147
spouse who has legitimate descendants by a - This applies to parties living together
former marriage, and the fruits as well as the exclusively as husband and wife without
income, if any, of such property. [Art. 92, FC] a valid marriage or under a void
marriage, and there is no legal
Conjugal Partnership of Gains Regime impediment to their marriage.
Included: - Properties acquired during their
1. Those acquired by onerous title during the marriage cohabitation are distributed equally,
at the expense of the common fund, whether the even if one spouse only took care of the
acquisition be for the partnership, or for only one of children and managed the household.
the spouses; - The property acquired by both of them
2. Those obtained from the labor, industry, work or through their work or industry shall be
profession of either or both of the spouses. governed by the rules on co-ownership
3. The fruits, natural, industrial, or civil, due or received 2. Art. 148
during the marriage from the common property, as - This applies to parties living together as
well as the net fruits from the exclusive property of husband and wife, but there is a legal
each spouse; impediment to their marriage.
4. The share of either spouse in the hidden treasure - Actual contribution of money, property,
which the law awards to the finder or owner of the or industry to the acquisition of the
property where the treasure is found; property must first be proven in order
5. Those acquired through occupation such as fishing for a party to get a share of such
or hunting; property acquired during cohabitation.
6. Livestock existing upon the dissolution of the - Their shall be in proportion to their
partnership in excess of the number of each kind respective contributions
brought to the marriage by either spouse; and - If one of the parties is validly married,
7. Those which are acquired by chance, such as his or her share in the co-ownership
winnings from gambling or betting. However, losses shall accrue to the absolute community
therefrom shall be borne exclusively by the or conjugal partnership existing in such
loser-spouse. [Art. 117, FC] valid marriage.
- If no valid marriage, then equal
Excluded: shares.
The following shall be the exclusive property of each
spouse: PATERNO v. PATERNO (G.R. No. 213687,
1. That which is brought to the marriage as his or her January 8, 2020)
own; Art. 147, FC applies when a man and a woman,
2. That which each acquires during the marriage by without any legal impediment to marry each other,
gratuitous title; exclusively live together as husband and wife under a
3. That which is acquired by right of redemption, by void marriage or without the benefit of marriage. For
barter or by exchange with property belonging to as long as the property had been purchased, whether
only one of the spouses; and on installment, financing or other mode of payment,
4. That which is purchased with exclusive money of the during the period of cohabitation, the disputable
wife or of the husband. [Art. 109, FC] presumption that they have been obtained by the
parties' joint efforts, work or industry, and shall be
owned by them in equal shares, shall arise. A party
who did not participate in the acquisition of the

6
 property shall be considered as having contributed to However, while the REM is void, the loan remains
the same jointly if said party's efforts consisted in the valid. In Ayala Investment and Development Corp. vs.
care and maintenance of the family household. Since CA, it was held that where the husband or the wife,
the Ayala Alabang & Rockwell properties were contracts a loan but acts only as a surety or a
purchased while the petitioner and the respondent guarantor, evidence that the family benefited from the
were living together, the properties must be divided loan need to be presented before the conjugal
between them equally. partnership can be held liable. If the loan was taken
out to be used for the family business, as in this case,
there is no need to prove actual benefit. The law
DONATIONS PROPTER NUPTIAS (ART. 82, FC)
presumes the family benefited from the loan and the
1. Made before the marriage;
conjugal partnership is held liable.
2. Made in consideration of the marriage;
3. Made in favor of one or both of the future
spouses. FAMILY HOME
Donations propter nuptias are valid.
FEB MITSUI V. MANALASTAS, GR 236001,
MARCH 18, 2019
NOTE: If the future spouses agree that their property
One cannot establish two family homes at or about
regime is CPG or Complete Separation of Property, the
the same time for two different families. The same
husband and wife cannot donate to each in their
would be contrary to the very purpose of a FH. A FH,
marriage settlements more than 1/5 od their present
being the dwelling place of a person and his family, is
property (ART. 84, FC).
a sacred symbol of family love and repository of
cherished memories that last during one's lifetime. It
RULES ON DONATIONS MADE DURING
is the sanctuary of that union which the law declares
MARRIAGE
and protects as a sacred institution; and likewise a
1. General Rule: Donations between husband
shelter for the fruits of that union. The right and
and wife are void.
privilege of establishing a family home is for the
married couple. Hence, a person can only have one
Exception: Moderate gifts are allowed on
family home at any given time.
occasions of family rejoicing (Art. 87, FC)
2. General Rule: No donation of property
belonging to the ACP or CPG may be made by PATERNITY AND FILIATION
either spouse without consent of the other Legitimate Children (Arts. 164/167, FC)
spouse. 1. Legitimate children are conceived and born
during the valid marriage of the parents. (Arts.
Exception: Moderate donations are allowed for 164 & 167, FC)
charity or on occasions of family rejoicing or 2. Illegitimate Children are those born outside
family distress (Arts. 98 & 125, FC) of wedlock. (Art. 165 FC)
3. Legitimated Children are originally
illegitimate, but because of the marriage of their
PNB v. VENANCIO C. REYES (G.R. No. 212483,
parents later on, they become legitimated. Note,
October 5, 2016)
however, that such parents, at the time of the
Under Art 124, FC, any disposition or encumbrance of
conception, must not have been disqualified by
a conjugal property by one spouse must be consented
any impediment to marry each. (Art. 177 FC)
by the other spouse; otherwise, it is void. In this case,
4. Legally Adopted Children (R.A. 11642,
the REM executed by the wife over the conjugal
“Domestic Administrative Adoption and
properties to secure a loan. Such REM is void for want
Alternative Child Care Act”, Jan. 28, 2022)
of the husband’s consent.

7
 1. Open and continuous possession of the status of
CONCEPCION v. CA & ALMONTE (G.R. No.
a legitimate child; or
123450, August 31, 2005)
2. Any other means allowed by the Rules of Court
Only the law determines who are legitimate or
and special laws.
illegitimate children for one’s legitimacy or illegitimacy
cannot ever be compromised. It should be what the
NOTE: An illegitimate child may use Art. 172, FC to
law says and not what the parent says it is. Art. 164,
prove illegitimate filiation. However, if the illegitimate
FC provides that “children conceived or born during
child is using Art. 172 (2), he must prove his illegitimate
the marriage of the parents are legitimate.” In this
filiation during the lifetime of the putative parent.
case, there is a prior marriage that has not been
Otherwise, if the parent is already dead, the illegitimate
dissolved in whatever way. Therefore, the child in this
child can no longer use the second paragraph of Art.
case is the fruit of that valid marriage that has not
172.
been dissolved.

Art. 167, FC provides that “the child shall be ARA & GARCIA v. PIZARRO (G.R. NO. 187273,
considered legitimate although the mother may have February 15, 2017)
declared against its legitimacy or may have been If filiation is sought to be proven under Art. 172(2),
sentenced as an adulteress.” For as long as there is no FC or through open and continuous possession of the
impugning of the legitimacy of the child made by the status of illegitimate child, the action must be brought
husband in the prior marriage, the child remains a during the lifetime of the alleged parent. The only
legitimate child of the prior valid marriage. evidence allowed under the law would be a record of
birth appearing in the civil register or a final
judgment, or an admission of legitimate filiation in a
ANACLETO BALLAHO ALANIS III v. CA CDO public document or a private handwritten and signed
(G.R. No. 216425, November 11, 2020) instruction by the alleged parent.
According to Art. 364, NCC, legitimate and legitimated
children shall “principally” use the surname of the
Grounds to Impugn Legitimacy (Art. 166, FC)
father, but “principally” does not mean “exclusively”.
1. Physical impossibility for the husband to have
This gives ample room to incorporate into Art. 364,
sexual intercourse with his wife within the first
NCC the State policy of ensuring the fundamental
120 days of the 300 days which immediately
equality of men and women before the law, and no
preceded the birth of the child because of:
discernible reason to ignore it.
a. Physical incapacity of the husband to
have sexual intercourse with his wife
How Filiation Established (Arts. 172 & 175, FC) (impotence);
Legitimate filiation may be established by: b. The husband and the wife were living
1. Record of birth appearing in the civil register or separately such that sexual intercourse
a final judgment; or was not possible;
- These are primary evidence of legitimate c. Serious illness of the husband, which
filiation. absolutely prevented intercourse (e.g.
2. An admission in a public document of a private the husband was comatose, or the
handwritten instrument signed by the concerned husband was paralyzed from the neck
parent down);
- This document or instrument may be used 2. Biological or other scientific reasons that the
in the absence of the aformentioned primary child could not have been that of the husband;
evidence of legitimate filiation. 3. In case of artificial insemination, the written
authorization or ratification of either parent was
In their absence, legitimate filiation shall be proved by: obtained through mistake, fraud, violence,
intimidation, or undue influence.

8
Who May Impugn Legitimacy (Arts. 170 & 171, adopter and the adoptee may be waived
FC) when the adopter is:
General Rule: The husband is the only one who can . the biological parent of the
impugn the legitimacy of the child. adoptee, or
. the spouse of the adoptee’s
Exceptions: The heirs of the husband may impugn the parent;
filiation of the child within the period prescribed in the c. In possession of full civil capacity and
preceding article only in the following cases: legal rights;
1. If the husband died before the expiration of the d. NOT been convicted of any crime
period fixed for bringing his action; involving moral turpitude;
2. If he died after the filing of the complaint e. Of good moral character and can model
without having desisted therefrom; or the same;
3. If the child was born after the death of the f. Emotionally and psychologically capable
husband. of caring for children; and
g. In a position to support and care for
adopted children in keeping with the
DEL SOCORRO v. VAN WILSEM (G.R. No.
means of the family.
193707, December 10, 2014)
2. The legal guardian with respect to the ward
The obligation to support a child is a matter that falls
after the termination of the guardianship and
under family rights and duties. Since the respondent
clearance of financial accountabilities;
is a citizen of Holland, he is subject to the laws of
3. The legal guardians with respect to the foster
Holland, not to Philippine law, as to whether he is
child;
obliged to give support to his child, and the
4. Philippine government officials and employees
consequences of his failure to do so. However, he
deployed or stationed abroad: Provided, That
alleged but was not able to prove his foreign national
they are able to bring the child with them; and
law, hence, the doctrine of processual presumption
5. Foreign nationals possessing the same
comes into play and the foreign law is presumed to be
qualifications as above stated for Filipino
the same as Philippine law. Under Philippine law,
nationals prior to filing of the petition, provided:
parents are obliged to support their minor
a. They are permanent or habitual
child/children (Art. 195, FC)
residents of the Philippines for at least
five (5) years;
XPN: Requirements of residency may
SPS. LIM v. LIM ET. AL. (G.R. No. 163209,
be waived for the following:
October 30, 2009
. A former Filipino citizen,
Grandparents can be held concurrently liable with the
habitually residing in the
parent to provide support to children. The obligation
Philippines, who seeks to adopt a
to provide legal support passes on to the ascendants
relative within fourth (4th) civil
not only upon the default of the parents, but also for
degree of consanguinity or
the latter’s inability to provide sufficient support.
affinity; or
. One who seeks to adopt the
ADOPTION legitimate child of the Filipino
Who May Adopt spouse; or
1. Any Filipino citizen: . One who is married to a Filipino
a. At least twenty-five (25) years of age; citizen and seeks to adopt jointly
b. At least sixteen (16) years older than with the spouse a relative within
the adoptee; the fourth (4th) degree of
XPN: The requirement of 16-years consanguinity or affinity of the
difference between the age of the Filipino spouse.

9
 b. They come from a country with Substitute Parental Authority (Art. 216, FC)
diplomatic relations with the Republic of If both parents are dead or incapacitated or absent in
the Philippines; and the Philippines, substitute parental authority will be
c. The laws of the adopter’s country will: exercised
1. Acknowledge the Certificate of 1. By the grandparents
Adoption as valid, 2. In default of grandparents, the eldest brother or
1. Acknowledge the child as a legal sister, over 21 years of age, unless unfit or
child of the adopters, and disqualified;
1. Acknowledge the child as a legal 3. In default of eldest brother or sister, the actual
child of the adopters. (Sec. 21, custodian, over 21 years of age, unless unfit or
R.A. 11642) disqualified.

Who May be Adopted Special Parental Authority (Art. 218, FC)

1. Any child who has been issued a CDCLAA; - Special parental authority is exercised by the
2. The legitimate child of one spouse by the other school, school administrator, or teacher in
spouse; charge when the child is under their control and
3. An illegitimate child by a qualified adopter to supervision.
improve status of legitimacy; - Such persons have primary civil liability when
4. A Filipino of legal age if, prior to the adoption, there is injury that occurs to the child or that is
said person has been consistently considered done by the child to any other third person.
and treated by the adopters as their own child
for a period of at least three (3) years; PROPERTY, OWNERSHIP, AND ITS
5. A foster child; MODIFICATIONS
6. A child whose adoption has been previously
rescinded; IMMOVABLE PROPERTY (ART. 415, NCC)
7. A child whose biological or adoptive parents The following are immovable property:
have died: Provided, That no proceedings shall 1. Land, buildings, roads and constructions of all
be initiated within six (6) months from the time kinds adhered to the soil;
of death of said parents; or 2. Trees, plants, and growing fruits, while they are
8. A relative of the adopter. (Sec. 22, R.A. No. attached to the land or form an integral part of
11642) an immovable;
3. Everything attached to an immovable in a fixed
PARENTAL AUTHORITY (ART. 210, FC) manner, in such a way that it cannot be
1. Father and mother jointly exercise parental separated therefrom without breaking the
authority over common children. However, if material or deterioration of the object;
there is any disagreement, the father’s decision 4. Statues, reliefs, paintings or other objects for
will prevail, unless there is judicial order to the use or ornamentation, placed in buildings or on
contrary. (ART. 211, FC) lands by the owner of the immovable in such a
2. In case there is absence or death of one parent, manner that it reveals the intention to attach
the present parent will exercise parental them permanently to the tenements;
authority. 5. Machinery, receptacles, instruments or
NOTE: Remarriage of one parent does not implements intended by the owner of the
affect parental authority, unless the court tenement for an industry or works which may be
appoints a guardian over the person or the carried on in a building or on a piece of land,
property of the children (ART. 212, FC) and which tend directly to meet the needs of the
said industry or works;
6. Animal houses, pigeon-houses, beehives, fish
ponds or breeding places of similar nature, in

10
 case their owner has placed them or preserves Rights of an Owner
them with the intention to have them 1. Jus possidendi - The right to possess
permanently attached to the land, and forming a 2. Jus utendi - The right to use
permanent part of it; the animals in these places 3. Jus fruendi - The right to the fruits
are included; 4. Jus abutendi - The right to consume
7. Fertilizer actually used on a piece of land; 5. Jus disponendi - The right to dispose
8. Mines, quarries, and slag dumps, while the 6. Jus vindicandi - The right to recover
matter thereof forms part of the bed, and 7. Jus accessiones - The right to the accessories
waters either running or stagnant;
9. Docks and structures which, though floating, are Rights as a Consequence Of Ownership, as
intended by their nature and object to remain at Provided in the Civil Code
a fixed place on a river, lake, or coast; 1. Enjoy and dispose of property (Art. 428, NCC);
10. Contracts for public works, and servitudes and 2. Recover the property from any holder or
other real rights over immovable property. possessor (Art. 428, NCC);
3. Exclude any person from the enjoyment and
MOVABLE PROPERTY (ARTS. 416 & 417, NCC) disposal of the property (Doctrine of Self-Help)
1. Those movables susceptible of appropriation (Art. 429, NCC);
which are not included in the preceding article; 4. Enclose or fence his land or tenement (Art. 430,
2. Real property which by any special provision of NCC);
law is considered as personalty; 5. Payment of just compensation in the event of
3. Forces of nature which are brought under expropriation (Art. 435, NCC);
control by science; and 6. Construct any works or make any plantation or
4. In general, all things which can be transported excavation on the surface or subsurface of his
from place to place without impairment of the land (Art. 437, NCC);
real property to which they are fixed. NOTE: Provided, it will not impair aerial
5. Obligations and actions which have for their navigation nor deprive the neighbor of sufficient
object movables or demandable sums; and lateral and subjacent support.
6. Shares of stock of agricultural, commercial and 7. Own all or part of the hidden treasures found in
industrial entities, although they may have real his property (Art. 438, NCC);
estate. NOTE: If the owner of the land is also the finder
of the hidden treasure, the owner shall own all
OWNERSHIP such hidden treasures. However, if one is the
Ownership is that independent right of a person to the finder of the hidden treasure, but not the owner
exclusive enjoyment of a thing including its disposition of the land on which the treasure was found,
and recovery, subject only to the restrictions established only 50% will belong to the finder and the other
by law and the rights of others 50% will belong to the owner of the land.
8. Own all accession to his property (Art. 440,
Modes of Acquiring Ownership (OLD TIPS) NCC).
1. Occupation NOTE: Accessions to the property pertain to
2. Law everything produced thereby, attached thereto,
3. Donation or incorporated thereto.
4. Tradition (Delivery)
5. Intellectual Creation
6. Prescription
7. Succession

11
ACCESSION INDUSTRIAL Rules when Builder, Planter, Sower in Bad Faith
Rules when Landowner is in Good Faith and and Landowner in Good Faith (Art. 449 – 452,
Builder, Planter, Sower also in Good Faith (Art. NCC)
448, NCC)
- Landowner (LO) in good faith (GF) is one who
Landowner in Good Builder in Bad Faith
does not know that somebody is building,
Faith
planting, or sowing in his land; or even if he
knows, he objects thereto.
1. Right of appropriation 1. No right except
- Builder/Planter/Sower (B/P/S) in good faith (GF)
without payment of reimbursement of the
is one who builds, plants or sows on land which
indemnity, plus necessary expenses
he believes and knows belongs to him
damages; OR for the preservation
2. Right to demand of the land.
Rights and Obligations Rights and obligations removal or demolition
of Landowner in Good of Builder/Planter/ at builder’s expense,
Faith Sower in Good Faith plus damages; OR
3. Right to demand
1. Right of appropriation 1. Right of price of land or rent,
after payment of reimbursement of even if the value of
indemnity provided in necessary and useful land is considerable
Arts. 546 and 548; expenses; more than value of
OR 2. Right of retention building or trees, plus
2. Right to compel B/P until fully paid for damages.
to pay the price of such necessary and
the land and S to pay useful expenses;
the proper rent. 3. Right to buy the land SPS. BELVIS v. SPS. EROLA (G.R. No. 239727,
upon which the July 24, 2019)
Exception: If the value building has been There is bad faith on the landowner's part whenever
of the land is considerably built or trees have the act was done with his knowledge and without
more than the value of been planted. opposition on his part. In exceptional cases, Art. 448,
the building or trees, the NCC is applied to instances where a builder, planter, or
remedy is a forced lease, Exception: If the value sower introduces improvements on titled land with the
the terms of which is as of the land is considerably knowledge and consent of the owner.
per the agreement of the more than the value of In this case, while the petitioners cannot be deemed
parties. In case of the building or trees, a to be builders in good faith, it being undisputed that
disagreement, the court forced lease shall result. subject lot is titled in the name of the respondents,
shall fix the terms the petitioners constructed improvements on the lot
thereof. with the knowledge and consent of respondents. The
records are bereft of any evidence to show that
respondents ever opposed or objected, for over 34
NOTE: If both LO and B/P/S are in good faith,
years, to the improvements introduced by petitioners.
preferential right is given to the LO in GF to make a
choice. Preferential right is given to the LO because the
title of the LO is older than the title B/P/S in GF.

12
ACCESSION NATURAL 3. Alienate, assign, or mortgage his ideal interest
Alluvium (Art. 457, NCC) or share; a co-owner may sell his proportionate
1. Deposit of soil is gradual and imperceptible; share and not the entire property;
2. Cause is the current of the river; 4. Right of redemption in case the shares of all the
4. River must continue to exist; other co-owners or any of them are sold to a
5. Increase must be comparatively little; third person;
6. Lands where accretion takes place must be NOTE: The right of legal redemption may only
adjacent to the banks of the river. be exercised within a period of 30 days from
written notice from the seller of his own share.
NOTE: The riparian owner, who is the owner of the land 5. May even substitute another person in the
where accretion takes place, ipso facto or automatically enjoyment of his part, except when personal
becomes the owner of the alluvial deposit. However, rights are involved;
another person can become the owner of the alluvial NOTE: However, this right is not absolute
deposit through extraordinary acquisitive prescription. because the other co-owners may object to such
The remedy here is if there is alluvial deposit, one will substitution if their personal rights are intruded
have to register the alluvial deposit under the Torrens upon, i.e. the right to privacy and the right to
system. security.
6. Renounce so much of his interest as may be
Avulsion (Art. 459, NCC) equivalent to his share of the expenses and
1. Segregation or transfer is caused by the current taxes to exempt himself from the payment of
of the river, creek, torrent; said obligation.
2. Segregation or transfer must be sudden and 7. Demand partition.
abrupt;
3. Portion of land transported is known or Partition (Art. 494)
identified. 1. No co-owner shall be obliged to remain in the
co-ownership. A co-owner can demand partition
NOTE: In avulsion, the original owner of the portion of at any time, in so far as his share is concerned.
the land remains the owner of that portion, even if it is 2. The action to demand partition is
transported to another’s property, provided he removes imprescriptible; it cannot be barred by laches,
said portion and bring it back to his property within a absent a repudiation of the co-ownership by a
period of 2 years. co-owner.
- For Standing Trees – The owner must remove and 3. No partition may be demanded in the following
bring back the portion of the land transported, cases:
together with the standing trees, within a period of a. Prohibited by agreement for a period
2 years. not exceeding 10 years (contractual
- For Uprooted Trees – Uprooted trees become co-ownership);
personal property. The owner must claim them NOTE: This period may be extended
within 6 months, and bring them back within 4 years after the original period has prescribed,
to their own property. provided each extension does not
exceed 10 years.
CO-OWNERSHIP b. Prohibited by the testator or donor for a
Rights of Each Co-Owner period not exceeding 20 years;
1. Full ownership of his part, i.e. his undivided (pro c. Prohibited by law.
indiviso) interest or share in the common NOTE: E.g. The spouses cannot
property; partition the ACP or CPG extrajudicially.
2. Full ownership of the fruits and benefits Separation of the property can be done
pertaining thereto; during a valid marriage, but it must be
done by judicial action.

13
 d. The legal nature of the common EASEMENTS
property does not allow partition. An easement or servitude is an encumbrance imposed
NOTE: E.g. The co-owner property upon an immovable for the benefit of another
pertains to a party wall. The party wall immovable belonging to a different owner.
supports the houses of two neighbors,
such that if they partition the party wall, The immovable in favor of which the easement is
both their house will collapse established is called the dominant estate; that which
4. Physical partition would render the property is subject thereto, the servient estate.
unserviceable for its intended use.
Easement of Right of Way (Arts. 649-657, NCC):
Legal Partition (Art. 498) This is the right by which one person or a particular
- Legal partition resorted to when the thing is class of persons is allowed to pass over another's land,
essentially indivisible (e.g. car) usually through one particular path or line.
- Procedure:
1. Give the whole to one co-owner who will Requisites of Legal Easement of Right of Way
be required to indemnify the rest; (LEOROW) (Arts. 649-650 NCC):
2. If co-owners cannot agree to whom the 1. Immovable (dominant estate) is surrounded by
property will be given to, a public or other immovables pertaining to other persons;
private sale will be conducted and its 2. No adequate outlet to a public highway;
proceeds will be divided among the 3. Absolutely necessary for the use or cultivation of
co-owners. the enclosed estate of the claimant;
4. Isolation is not due to claimant's own act;
5. Established at the point least prejudicial to the
CABRERA v. YSAAG (G.R. No. 166790,
servient estate;
November 19, 2014)
6. Claimant must be the owner or one with a real
Unless all the co-owners have agreed to partition their
right thereto;
property, none of them may sell a definite portion of
7. Payment of the proper indemnity.
the land. The co-owner may only sell his or her
proportionate interest in the co-ownership. A contract
of sale which purports to sell a specific or definite CALIMOSO, ET.AL. v. ROULLO, G.R. No.
portion of unpartitioned land is null and void ab initio. 198594, JAN. 25, 2016
Mere convenience for the dominant estate is not what
is required by law as the basis of setting up a
TORRES, JR. v. LAPINID (G.R. No. 187987, compulsory easement. The true standard for the grant
November 26, 2014) of the legal easement of right of way is adequacy.
A co-owner cannot rightfully dispose of a particular
portion of a co-owned property prior to partition In this case, the establishment of a right-of-way
among all the co-owners. However, this should not through the petitioners' lot would cause the
signify that the vendee does not acquire anything at destruction of the wire fence and a house on the
all in case a physically segregated area of the petitioners' property. Although this right-of-way has
co-owned lot is in fact sold to him. In other words, the shortest distance to a public road, it is not the
the vendee steps into the shoes of the vendor as least prejudicial considering the destruction pointed
co-owner and acquires a proportionate abstract share out, and that an option to traverse two vacant lots
in the property held in common. without causing any damage, albeit longer, is
available.

14
Easement of Light and View (Arts. 667-673 NCC)
5. Must be accepted by 5. Can only be accepted
General Rule: No part owner may, without the consent
donee during the after donor's death;
of the others, open through the party wall any window
lifetime of donor; 6. Always revocable
or aperture of any kind. (Art. 667, NCC)
6. Cannot be revoked before donor’s death;
except for grounds 7. Right to dispose is
Exception: If there is an opening through a party wall
provided by law; retained by the donor
or if there is an opening through the wall of the
7. Generally, right to while still alive;
dominant estate which extends to another’s property,
dispose of the 8. Not so preferred,
the following the period of prescription for the
property is conveyed hence reduced first if
acquisition thereof: (Art. 668, NCC)
to the donee; legitime is impaired.
1. If the opening was made thru a party wall – 10
8. Preferred in case of
years from the time of opening of the window
impairment of
NOTE: Within the 10-year period, the servient
legitime.
estate can still close the window. It is after the
lapse of the 10-year period that the servient
estate can no longer close the window and there
VILLANUEVA v. SPS. BRANOCO (G.R. No.
is acquisition of the easement of light and view
172804, January 24, 2011)
by the dominant estate owner.
This case involves a Donation Inter vivos. The donor
2. If the opening was made thru a wall on the
stipulated that “if the DONEE predeceases me, the
dominant estate which does not extend to
property will not be reverted to the Donor but will be
another’s property line – 10 years from the time
inherited by the donee’s heirs.” signalling the
of notarial or formal prohibition.
irrevocability of the passage of title to the donee’s
NOTE: It must be the dominant estate owner
estate, waiving donor’s right to reclaim title. This
who must issue the notarial prohibition on the
transfer of title is perfected the moment she learned
servient estate owner. Within the 10-year period
of the donee’s acceptance of the disposition, which
after the issuance of the notarial prohibition, the
being reflected on the deed, took place on the day of
servient estate owner may still close the opening
its execution on 3 May 1965. The donee’s acceptance
made by the dominant estate owner. It is after
underscores its essence as a gift in presenti, not in
the lapse of the 10-year period that there is
futuro, as only donations inter vivos need acceptance
acquisition of the easement of light and view by
by the recipient.
the dominant estate owner.

DONATION
SPS. SICAD v. CA (G.R. No. 125888, August 13,
Donation Inter vivos Donation Mortis Causa 1998)
In this case, upon acceptance of the donees, title over
1. Takes effect during 1. Takes effect upon the the real property was transferred to the name of the
the lifetime of the death of donor; donees. However, the donor continued exercising acts
donor 2. Made in of ownership over the property including selling the
2. Made out of donor's contemplation of parcel of land to Sps. Sicad. Nothing of any
pure generosity; death without consequence was transferred by the DOD to donor’s
3. Valid, even if donor intention to dispose in grandchildren, the ostensible donees. They did not
survives the donee; case of survival; get possession of the property donated. They did not
4. Must follow 3. Void, should donor acquire the right to the fruits thereof, or any other
formalities of survive the donee; right of dominion over the property. They did not
donation; 4. Must follow formalities acquire the right to dispose of the property—this
of a will; would accrue to them only after 10 years from donor’s
death. They never even laid hands on the certificate

15
 Mirror Doctrine
of title to the same. They were simply “paper owners”
General Rule: A purchaser is not required to look
of the donated property. All these circumstances,
beyond the Torrens Title when purchasing a parcel of
including reserving the exercise of ownership to the
land.
donee and prohibiting the sale or encumbrance of the
property until 10 years after her death ineluctably
Exception: However, one cannot close his eyes to facts
lead to the conclusion that the donation in question
which should put a reasonable and prudent man upon
was a donation mortis causa contemplating a transfer
his guard and then claim that he acted in good faith
of ownership to the donees only after the donor’s
under the belief that there was no defect in the title of
demise. As such, the sale to Sps. Sicad is valid even
the vendor. In such case, one cannot be considered to
though the deed of donation was titled, “DEED OF
be a buyer in good faith.
DONATION INTER VIVOS”.
Doctrine of Indefeasibility
A certificate of title, once registered, should not
CLEMENTE v. REPUBLIC (G.R. No. 220008,
thereafter be impugned, altered, changed, modified,
February 20, 2019)
enlarged or diminished except in a direct proceeding
Upon the execution of the Deed of Donation and the
permitted by law.
acceptance of such donation in the same instrument,
ownership was transferred to the Republic, as
Exceptions:
evidenced by the new certificate of title issued in the
1. Where a previous valid title over the same land
name of the Province of Quezon. Because the
exists;
condition in the Deed of Donation is a resolutory
2. When the land covered is not capable of
condition, until the donation is revoked, it remains
registration;
valid. However, the donee must comply with its
3. When acquisition of the certificate of title is
obligation to construct a government hospital and use
attended by fraud.
the subject property as a hospital site. The failure to
do so gives the donor the right to revoke the
ACTION FOR QUIETING OF TITLE
donation. In this case, the engineer of the DPWH told
Socorro that they did not intend to construct a
Requisites
hospital anymore. They do not have any budget for it.
For any action to quiet title to prosper, two indispensable
Moreover, another hospital was constructed in a
requisites must concur, namely:
nearby barangay. There was a non-compliance with a
1. The plaintiff or complainant has a legal or an
condition in the deed of donation therefore, the
equitable title to or interest in the real property
donation may be revoked. Therefore, this donation
subject of the action; and
may be revoked for non-compliance by the donee
2. The deed, claim, encumbrance, or proceeding
with the conditions imposed by the donors.
claimed to be casting cloud on his title must be
shown to be in fact invalid or inoperative despite
LAND TITLES & DEEDS its prima facie appearance of validity or legal
efficacy. [Salvador v. Patricia, Inc., 2016].
TORRENS SYSTEM
It refers to the system of registration of transactions NOTE: Such cloud must be due to some instrument,
involving interest in land whose declared object is, to record, claim, encumbrance or proceeding which is
establish and certify to the ownership of an absolute and apparently valid but is in truth invalid, ineffective,
indefeasible title to realty, and to simplify transfer. [Alba voidable or unenforceable, and is prejudicial to the
vs. Dela Cruz, G.R. No. 5246 (1910)] plaintiff’s title [Filipinas Eslon Manufacturing Corp. v.
NOTE: It does not create nor confer title. It only Heirs of Llanes, G.R. No. 194114, (2019)].
confirms ownership.

16
PRESCRIPTION/NON-PRESCRIPTION OF ACTION Characteristics of a Will
If Plaintiff is in Possession of the Property [SUSACPERVID]
The action is imprescriptible because the owner is 1. Statutory right
given the continuing aid by the court to ascertain and 2. Unilateral act
determine the nature of such claim and its effect on his The consent or the permission of the heirs or
title. He can wait until his possession is disturbed and beneficiaries is not necessary.
attacked before taking steps to vindicate his right. 3. Solemn or formal act
[Coronel v. IAC, 1987; Estate of Deceased Franci v. Tan, There must be solemnities in the execution of
2018] the will.
4. Animus testandi
If Plaintiff is NOT in Possession of Property The intention to make that document his last
When the plaintiff is not in possession of the real will and testament must be present at the time
property, the action to quiet title may prescribe of the execution of the will.
depending upon the right of action filed by the plaintiff: 5. Capacitated
1. Ten (10) years, if the plaintiff is a possessor with The testator must be of legal age and be of a
a real right, or if action is for reconveyance on sound mind.
the basis of a constructive trust; 6. Personal
2. Thirty (30) years, if the plaintiff is the owner of However, the mechanical act of drafting the will
the real property. [Art. 1141, NCC] can be delegated to another person.
7. Effective mortis causa
WILLS AND SUCCESSION The provisions of that will become effective only
upon the death of testator or the decedent
TRANSMISSION OF RIGHTS 8. Revocable
The rights to the succession are transmitted from the It is revocable only during the lifetime of the
moment of the death of the decedent. testator.
9. Vitiated consent is absent
There must be no vice of defect of consent at
TREYES v. LARLAR (G.R. No. 232579,
that time of the execution of the will.
September 8, 2020)
10. Individual
Unless there is a pending special proceeding for the
Joint wills are not recognized in the Philippines.
settlement of the estate of a deceased person, the
11. Dispose of the testator’s estate to a certain
legal heirs may commence an ordinary action arising
extent
out of a right belonging to the ancestor, without the
The testator is granted to dispose of his
necessity of a previous and separate judicial
property only to a certain extent. A testator
declaration of their status as such.
cannot dispose of the legitime using a valid will,
since the legitime is given by law and not by the
TESTAMENTARY SUCCESSION testator.
Wills (Art. 783)
A will is an act whereby a person is permitted, with the
formalities prescribed by law, to control to a certain
degree the disposition of this estate, to take effect after
his death. (Art. 783, NCC)

17
Applicable Law as to Form and Substance of a
Intrinsic Validity of Wills
Will
As to Time As to Place
Extrinsic Validity of Wills
The law existing at the The national law of the
As to Time As to Place time of death of the person whose succession
decedent shall govern. is under consideration,
The law existing at the The principle of lex loci (Art. 2263, NCC) regardless of the
time of execution of the celebrationis shall location of the property,
will shall govern. (Art. 795, govern. (Art. 17(1), shall govern. (Art. 16(2),
NCC) NCC) NCC)
1. Filipino in a foreign
country – authorized
Formalities of a Notarial Will (Arts. 804-806)
to make a will in the
The following are the requisites for a valid notarial will:
form established by
1. In writing [Art. 804, NCC]
the law of the
2. Executed in a language or dialect known to the
country in which he
testator [Art. 804, NCC]
may be (Art. 815,
3. Subscribed at the end by the testator himself or by
NCC)
the testator’s name written for him by an
2. Foreigner abroad
authorized person in his presence [Art. 805, NCC]
a. His national law
4. Attested and subscribed by three or more
b. Law of the place
witnesses in the presence of the testator and of
in which he
one another [Art. 805, NCC]
resides
5. Testator, or the person requested by him to his
c. Law of the place
name, and instrumental witnesses of the will also
of execution
sign each and every page thereof, on the left
d. Philippine law
margin [Art. 805, NCC]
(Art. 816, NCC)
6. All pages shall be numbered correlatively in letters
3. Foreigner in the
on the upper part of each page [Art. 805, NCC]
Philippines
7. Attestation clause containing:
a. His national law
a. the number of pages;
b. Philippine law
b. the fact that the testator signed the will and
c. Law of the place
every page thereof in the presence of the
of execution
witnesses;
(Art. 817, NCC)
c. the fact that the witnesses witnessed and
signed the will and all the pages thereof in
the presence of the testator and of one
another [Art. 805, NCC]
8. Acknowledged before a notary public by the
testator and witnesses [Art. 806, NCC]

18
 Additional Requirements if Testator is
JABONETA v. GUSTILO (G.R. No. 1641, January
Handicapped
19, 1906)
Deaf / Deaf Mute [Art. 807, Civil Code]
The true test of presence of the testator and the
1. Testator must personally read the will; or
witnesses in the execution of a will is not whether
2. Testator shall personally designate two persons to
they actually saw each other sign, but whether they
read the contents and communicate it to him in
might have seen each other sign, had they chosen to
some practicable manner.
do so, considering their mental and physical condition
and position with relation to each other at the
Blind [Art. 808, Civil Code]
moment of inscription of each signature.
1. The will shall be read to the testator twice by one
of the subscribing witnesses and by the notary
public acknowledging the will.
CRUZ v. VILLASOR (G.R. No. L-32213,
NOTE: A testator suffering from glaucoma may be
November 26, 1973)
considered as legally blind [Garcia v. Vasquez, G.R.
The notary public before whom the will was
No. L-26615 (1970)].
acknowledged cannot be considered as the third
instrumental witness since he cannot acknowledge
REVOCATION OF WILLS (ART. 830)
before himself his having signed the will.
1. By implication of law
Consequently, if the third witness were the notary
2. By overt act
public himself, he would have to avow, assent or
Requisites:
admit his having signed the will in front of himself.
a. An overt act that is burning, tearing,
This cannot be done because he cannot split his
obliterating, or canceling;
personality into two so that one will appear before the
b. The overt act must be done by the
other to acknowledge his participation in the making
testator or a third person under the
of the will. As such, the will would be void since,
express direction and in the presence of
technically, there were only two witnesses.
the testator;
c. The subjective phase must be
Formalities of a Holographic Will (Art. 810-814) completed or there must have already
A holographic will must be entirely written, dated, and been burning, tearing, obliterating, or
signed by the hand of the testator himself. It is subject canceling;
to no other form, and may be made in or out of the d. At the time of the overt act, there is
Philippines, and need not be witnessed. [Art. 810, NCC] intention on the part of the testator to
revoke his will; and
NOTE: If there is a disposition that is signed but not e. At the time of the overt act, the testator
dated, or a disposition that is dated but not signed, such must have the capacity to make a new
dispositions will be considered void. However, under Art. will.
813 if the last disposition contains a signature and a 3. By another will, codicil or other writing (Art. 837,
date, then the disposition signed but not dated will be NCC)
validated. But those disposition that are dated but not a. There is express revocation when a
signed and those dispositions not dated and not signed clause in a subsequent will or codicil
shall remain void. which expressly revokes the prior will.
b. There is implied revocation when there
is an irreconcilable inconsistency
between the provisions of two formally
valid wills. The provisions of the latter
will prevail over and revoke the
inconsistent provisions of the prior will.

19
Doctrine of Dependent Relative Revocation 6. Both heirs must be living and qualified to succeed
- The effectivity of the revocation of the at the time of the testator's death;
antecedent will is dependent on the admission
to probate of the subsequent revoking codicil. CONDITIONAL TESTAMENTARY DISPOSITIONS
[Art. 825, NCC] Condition Not to Marry (Art. 874)
- The rule is established that where the act of General Rule: The absolute condition not to contract a
destruction is connected with the making of subsequent marriage is void.
another will so as fairly to raise the inference
that the testator meant the revocation of the old Exception: However it becomes valid if imposed upon
to depend upon the efficacy of a new disposition the surviving spouse by the, deceased spouse, or by the
intended to be substituted, the revocation will latter’s ascendants or descendants.
be conditional and dependent upon the efficacy
of the new disposition; and if, for any reason, NOTE: It must be expressly included as a condition. If it
the new will intended to be made as a substitute is not indicated as a condition but only as an order or a
is inoperative, the revocation fails and the statement, it is not presumed to be a condition.
original will remains in full force. [Molo v. Molo
(1951)] Disposition Captatoria (Art. 875)
Any disposition made upon the condition that the heir
PRETERITION (ART. 854) shall make some provision in his will in favor of the
The requisites of preterition are: testator or of any other person shall be void.
1. Heir is totally omitted;
2. Omitted heir is a compulsory heir; DISINHERITANCE (ART. 915)
3. Omitted compulsory heir must be an heir in the The only way by which the testator may deprive his own
direct line; compulsory heir of their legitime is through a valid
4. Omitted compulsory heir survives the testator. disinheritance. The requisites of a valid disinheritance
If there is preterition, the institution of heirs is annulled. are:
1. The disinherited heir must be a compulsory heir;
FIDEICOMMISSARY SUBSTITUTION (ART. 863) 2. The disinherited heir must be identified with
The requisites of a fideicommissary substitution are: certainty;
1. The fideicommissary substitution must be 3. The disinheritance must be for a cause specified
expressly included in the will, mentioning the by law;
words “fideicommissary substitution” or “obligation 4. The disinheritance must be made in a valid will;
to preserve and transmit the property to the 5. The disinheritance must be express;
second heir”; 6. The disinheritance must be for a true and certain
2. There must be two heirs cause;
a. A first heir (fiduciary) who has the 7. The disinheritance must be total.
obligation to preserve and transmit the As an effect of a valid disinheritance, the disinherited
property after the lapse of a period; heir gets nothing.
b. A second heir (fideicommissary) who
takes the property subsequently from Ineffective Disinheritance (Art. 918)
the fiduciary; The following result in an ineffective disinheritance:
3. The second heir must be one degree from the first 1. Disinheritance without a specification of the cause;
heir; 2. Disinheritance for a cause the truth of which, if
4. The fideicommissary must not burden the contradicted, is not proved;
legitime; 3. Disinheritance for cause not provided by law; and
5. The fideicommissary substitution must not be 4. Reconciliation between the disinheriting testator
conditional. and the disinherited heir.

20
The effects of an ineffective disinheritance are:
nonmarital children are products of illicit relationships
1. Institution of heirs shall be annulled insofar as it
or that they are automatically placed in a hostile
may prejudice disinherited heir;
environment perpetrated by the marital family. We are
2. Devises and legacies and other testamentary
not duty bound to uncritically parrot archaic
dispositions shall be valid to such extent as will
prejudices and cruelties, to mirror and amplify
not impair the legitime.
oppressive and regressive ideas about the status of
children and family life. The best interest of the child
LEGAL OR INTESTATE SUCCESSION
should prevail.
Legal or intestate succession takes place:
1. If a person dies without a will, or with a void
We adopt a construction of Art. 992 that makes
will, or one which has subsequently lost its
children, regardless of the circumstances of their
validity;
births, qualified to inherit from their direct
2. When the will does not institute an heir to, or
ascendants, such as their grandparent, by their right
dispose of all the property belonging to the
of representation. Both marital and nonmarital
testator. In such case, legal succession shall take
children, whether born from a marital or nonmarital
place only with respect to the property of which
child, are blood relatives of their parents and other
the testator has not disposed;
ascendants. Nonmarital children are removed from
3. If the suspensive condition attached to the
their parents and ascendants in the same degree as
institution of heir does not happen or is not
marital children. Nonmarital children of marital
fulfilled, or if the heir dies before the testator, or
children are also removed from their parents and
repudiates the inheritance, there being no
ascendants in the same degree as nonmarital children
substitution, and no right of accretion takes
of nonmarital children.
place;
4. When the heir instituted is incapable of
succeeding, except in cases provided in this OBLIGATIONS AND CONTRACTS
Code. (Art. 960, NCC)
OBLIGATIONS
Representation & Accretion In Intestate
Succession Sources of Obligations
There is right of representation if there is: 1. Law
1. Predeceased; or 2. Contracts
2. Incapacity 3. Quasi-Contracts
4. Delicts
There is right of accretion in favor of the co-heirs if there 5. Quasi-Delicts [Art. 1157, NCC]
is:
1. Repudiation Extinguishment of Obligations
(PA LO CON MER COM NO)
IRON CURTAIN RULE (ART. 992, NCC) 1. Payment
An illegitimate child has no right to inherit ab intestato 2. Loss of the things due
from the legitimate children and relatives of his father or 3. Condonation
mother; nor shall such children or relatives inherit in the 4. Merger of rights or confusion
same manner from the illegitimate child. 5. Compensation
6. Novation
AQUINO v. AQUINO (G.R. No. 208912,
December 7, 2021)
This Court abandons the presumption in In re Grey,
Corpus, and In re Suntay, among others, that

21
Payment Elements of Fortuitous Event:
- Payment is not only the delivery of money, but 1. Independent of human will;
also performance in whatever manner in their 2. Impossible to foresee or, if it can be foreseen, it
obligation. must be impossible to avoid;
- The following are special species of payment: 3. The occurrence renders it impossible for the
1. Dacion en pago vs. Cession (Arts. 1245 debtor to fulfill obligations in a normal manner;
& 1255, NCC) and
2. Application of payment (Art. 1252, NCC) 4. The obligor must be free from any participation
3. Tender of payment and consignation in the aggravation of the injury or loss.
(Arts. 1256-1259, NCC)
Condonation
Loss of the Thing Due Condonation is essentially gratuitous. Therefore, the
Loss of Specific / Determinate Thing consent of the debtor is needed.

General Rule: If the thing is lost or destroyed through Merger of Rights or Confusion
a fortuitous event, the debtor cannot be held responsible There is only one person involved. The character of the
and the obligation is extinguished. debtor and the creditor is merged in the same person.

NOTE: There must be no fault and delay on the part of Compensation

the debtor in order for the obligation to be extinguished. There are two persons involved. They become creditor
and debtor of each other in their own right.
Exceptions:
1. When otherwise provided by law; Novation
2. When otherwise stipulated by the parties; 1. Objective novation – There is a change in the
3. When the nature of the obligation requires the cause, object or condition of the obligation.
assumption of risk; 2. Subjective Novation – There is a substitution of
4. When the loss of the thing due is partly to the the person of the debtor or to the subrogation
fault of the debtor; of a third person in the rights of the creditor.
5. When the loss of the thing occurs after the a. Delegacion - Substitution with the
debtor has incurred in delay; knowledge and consent of the old
6. When the debtor promised to deliver the same debtor
thing to two or more persons who do not have b. Expromision - Substitution without the
the same interest; knowledge or against the will of the old
7. When the obligation to deliver arises from a debtor
criminal offense; and - In both instances, the consent of the
8. When the obligation is generic. creditor is necessary.

Loss of Generic Thing

As a general rule, the loss of a generic thing does not
extinguish the obligation because the genus never
perishes.

22
SPECIAL KINDS OF PAYMENT NOTE: If neither the debtor not the creditor make the
application of payment, the payment shall be applied to
Dacion En Pago va. Cession the most onerous debt.
Dacion en Pago Cession
Tender Of Payment & Consignation (Arts.
1256-1259)
1. 1 debtor with 1 1. 1 debtor with several
The requisites for a valid tender of payment and
creditor creditors
consignation are:
2. Debtor not insolvent 2. Debtor is partially or
1. Debt is due and demandable;
3. Transfer of ownership totally insolvent
2. Prior valid tender of payment made by the
to creditor upon 3. No transfer of
debtor is refused without just cause by the
delivery of the thing ownership to
creditor;
4. Debtor delivers one or creditors (because
3. First notice to creditor and all parties who are
some of his properties the creditors will
interested in the fulfillment of the obligation;
to creditor have to sell the
4. Actual deposit of the money with judicial
5. GR: Obligation is property in a public
authorities, if there is still refusal on the part of
extinguished to the auction
the creditor;
extent of the value of 4. The debtor delivers
5. Second notice to the creditor and to all parties
the thing delivered all his properties to
interested in the fulfillment of the obligation.
XPN: However, there the creditors
Once tender of payment and consignation are made
can be an agreement 5. Obligation is
based on the requisites, there can be cancellation or
between the creditor extinguished to the
extinguishment of the obligation
and the debtor that extent of the
the entire obligation proceeds of the
General Rule: Prior valid tender payment must be done
will be extinguished, public sale
before there can be consignation.
even if the value of NOTE: It is the net
the thing delivered is proceeds of the
Exceptions: When consignation may be made even
less than the value of public sale that will
without prior valid tender of payment:
obligation. be applied to the
1. The creditor is absent or unknow or does not
6. Act of novation obligation.
appear at the place of payment;
6. Not an act of
2. The creditor is incapacitated to receive the
novation
payment at the time it is due;
3. Without just cause, the creditor refuses to give a
Application of Payment receipt;
The requisites for application of payment are: 4. Two or more persons claim the same right to
1. 1 debtor, 1 creditor; collect;
2. 2 or more debts of the same kind; 5. The title of the obligation has been lost.
3. All debts due and demandable;
4. Amount paid by the debtor is insufficient to NOTE: If there is compliance with all the requisites but
cover all debts there is no acceptance by the creditor, the court may
declare that there was a valid consignation and order
General Rule: The debtor shall be the one to make the creditor to receive the money.
application of payment.

Exception: If the debtor does not make the application

of payment, the creditor shall have the right to make
application of payment by giving a receipt.

23
CONTRACT
any person claiming a against a party and his
right thereunder successors in interest
Essential Elements of a Contract
1. Consent of the contracting parties;
The action for the The action for annulment
2. Object certain which is the subject matter of the
declaration of nullity does of contract prescribes in 4
contract;
not prescribe years
3. Cause of the obligation which is established.
[Art. 1318, NCC]
SIMULATION OF A CONTRACT (ART. 1345)
Note: The essential elements of a contract determine Simulation of a contract may be:
the validity of a contract. 1. Absolute – The parties do not intend to be
bound at all. Therefore, an absolutely simulated
contact is null and void.
Void Contracts Unenforceable 2. Relative – However if there is only relative
Contracts simulation, when the parties conceal their true
agreement, it does not prejudice a third person,
The contract cannot be The contract may be
and is not intended for any purpose contrary to
ratified ratified
law, morals, good customs, public order or
public policy, the contracting parties shall be
The contract does not The contract exists and
bound to the their real agreement. Therefore,
exist may in fact be voluntarily
the relatively simulated contract is considered
performed by the parties
valid
The contract cannot be The contract cannot be
enforced enforced by an action for REFORMATION OF INSTRUMENT (ART. 1359)
specific performance, but When the true intention of the parties to a perfected and
the defense may be valid contract are not expressed in the instrument
waived expressly or purporting to embody their agreement by reason of
impliedly mistake, fraud, inequitable conduct or accident, one of
the parties may ask for the reformation of the
instrument so that such true intention may be
Void Contracts Voidable Contracts expressed.

The contract cannot be The contract may be The following are the requisites for reformation of
ratified ratified instrument:
1. There must have been a meeting of the minds
There is an absolute want There is a defect of upon the contract;
of an essential element, consent either because of 2. The instrument evidencing the contract does
or a law specifically lack of capacity, or vice of NOT express the true agreement between the
declares the contract void consent parties; and
3. The failure of the instrument to express the
The contract does not The contract is binding agreement must be due to mistake, fraud
exist; its nullity may be until it is annulled. It may inequitable conduct or accident
attacked collaterally only be attacked directly
by a party in interest

The nullity of the contract The defect of the contract

may be asserted against may be asserted only

24
COMPROMISE AGREEMENT
payment of the purchase price is a positive suspensive
Requisites:
condition. Failure to pay the price agreed upon is not
1. Contract
a mere breach, casual or serious, but a situation that
2. Parties make reciprocal concessions
prevents the obligation of the vendor to convey title
3. Intend to Resolve their Differences
from acquiring an obligatory force. This is entirely
4. Avoid or End litigation
different from the situation in a contract of sale,
where non-payment of the price is a negative
When a compromise agreement is given judicial
resolutory condition. The effects in law are not
approval, it becomes more than a contract binding upon
identical. In a contract of sale, the vendor has lost
the parties. Having been sanctioned by the court, it is
ownership of the thing sold and cannot recover it,
entered as a determination of a controversy and has the
unless the contract of sale is rescinded and set aside.
force and effect of a judgment.
In a contract to sell, however, the vendor remains the
owner for as long as the vendee has not complied
It is immediately executory and not appealable, except
fully with the condition of paying the purchase price.
for vices of consent or forgery. The nonfulfillment of its
terms and conditions justifies the issuance of a writ of
execution; in such an instance, execution becomes a OPTION CONTRACT (ART. 1479, NCC)
ministerial duty of the court (Magbanua v. Uy, G.R. No. An option contract is an accepted unilateral promise to
161003, May 06, 2005). buy or sell a determinate thing for a price certain
supported by a consideration (option money) distinct
SALES from the price.

CONTRACT OF SALE VS. CONTRACT TO SELL NOTE: The option money is not always in the form of
money. It may be in the form of any promise,
Contract of Sale Contract to Sell
undertaking, or commitment, but it must have value.
Obligation “to give” Obligation “to do”
The optioner-offeror is bound to comply with his
undertaking but the optionee has the right, but not the
The seller transfers the The seller merely “agrees
obligation, to buy or to sell. In case of breach, the
property sold to the to transfer” the property
optionee can sue for damages only – he cannot sue for
buyer for a consideration object of the sale to the
specific performance.
called the price, which buyer for a consideration
means ownership is called the price, which
RIGHT OF FIRST REFUSAL
transferred to the buyer implies that ownership is
The right of first refusal is an innovative juridical
upon its execution not right away transferred
relation. If such right is incorporated in a contract, it is
through any of the modes to the buyer.
enforceable by specific performance. Otherwise, the
of delivery or tradition.
injured party can only sue for damages.
The title passes to the Ownership is reserved to
buyer upon delivery of the seller until full A right of first refusal is usually included in a contract of
the thing sold. payment of the price. lease. In the event that the lessor-owner wants to sell
the leased premises, under the right of first refusal, the
property shall be offered first to the lessee and not to
HEIRS OF GONZALES v. SPS. BASES (G.R. No. any other person.
206847, June 15, 2022, HERNANDO, J)
In a contract to sell, title remains with the vendor and Only in the event that the lessee cannot buy the
does not pass on to the vendee until the purchase property can the property be offered to any other
price is paid in full. Thus, in a contract to sell, the person. However, it must be under the same terms and
conditions it was offered to the lessee because if it was

25
offered under more flexible conditions or at a lower price NOTE: In this case, he shall have no further
to a third person, that is violative of the right of first action against the purchaser to recover any
refusal. unpaid balance of the price. Any agreement to
the contrary shall be void.
DOUBLE SALES (ART. 1544, NCC)
There is a double sale if there is only one seller and Maceda Law
there are two or more different buyers who do not have
the same interest or who have conflicting interests.
PRYCE PROPERTY CORP. v. NOLASCO (G.R. No.
203990, August 4, 2020, HERNANDO, J.)
HEIRS OF GONZALES v. SPS. BASES (G.R. No. The Realty Installment Buyer Protection Act,
206847, June 15, 2022, HERNANDO, J) otherwise known as R.A. 6552 or the Maceda Law,
Thus, the rule on double sales “applies when the protects “buyers of real estate on installment
same thing is sold to multiple buyers by one seller but payments against onerous and oppressive conditions.”
not to sales of the same thing by multiple sellers.” Under Sec. 4 of R.A. 6552, the conditions for
cancellation of the contract when the buyer paid less
than 2 years of installment payments: (1) the
The following shall be preferred in a double sale:
defaulting buyer has paid less than 2 years of
1. Personal property – To the first possessor of the
installments; (2) the seller must give such defaulting
property in good faith.
buyer a 60-day grace period, reckoned from the date
NOTE: However, when the possessor knows
the installment became due; (3) if the buyer fails to
that another person has a better right over the
pay the installments due at the expiration of the said
property and has not yet possessed it, such
grace period, the seller must give the buyer a notice
possessor cannot be considered in good faith.
of cancellation and/or a demand for rescission by
Good faith is a question of fact that must be
notarial act; and (4) the seller may actually cancel
proven before the court.
the contract only after the lapse of 30 days from the
2. Real property
buyer's receipt of the said notice of cancellation
a. To the first registrant in the Register of
and/or demand for rescission by notarial act.
Deeds in good faith;
b. If no inscription or registration, to the
first possessor of the real property in LEASE
good faith;
c. If none of the above, to the person with
COUNTRY BANKERS INSURANCE CORP. v. CA
the oldest title in good faith
(G.R. No. 85161, September 9, 1991)
A provision which calls for the forfeiture of the
BREACH OF CONTRACT OF SALE
remaining deposit still in the possession of the lessor,
without prejudice to any other obligation still owing,
Recto Law (Art. 1484, NCC)
in the event of the termination or cancellation of the
In a sale of personal property, the price of which is
agreement by reason of the lessee's violation of any
payable in installments, the seller may exercise one of
of the terms and conditions of the agreement is a
three remedies:
penal clause that may be validly entered into. A penal
1. Exact fulfillment of the obligation, should the
clause is an accessory obligation which the parties
buyer fail to pay any installment;
attach to a principal obligation for the purpose of
2. Rescind or cancel the sale, should the buyer’s
insuring the performance thereof by imposing on the
failure to pay cover two or more installments;
debtor a special prestation (generally consisting in the
3. Foreclose the chattel mortgage on the thing
payment of a sum of money) in case the obligation is
sold, if one has been constituted, should the
not fulfilled or is irregularly or inadequately fulfilled.
buyer’s failure to pay cover two or more
installments.

26
 such rate of interest, shall be 6% per annum. This took
FORT BONIFACIO DEVELOPMENT
effect on July 1, 2013. It should be noted that the new
CORPORATION v. YLLAS LENDING CORP. (G.R.
rate can only be applied prospectively and not
No. 158997, October 6, 2008)
retroactively. Consequently, the 12% per annum legal
“Upon the termination of this Contract or the
interest shall apply only until June 30, 2013. Come July
expiration of the Lease Period without the rentals,
1, 2013 the new rate of 6% per annum shall be the
charges and/or damages, if any, being fully paid or
settled, the LESSOR shall have the right to retain prevailing rate of interest when applicable. [Nacar v.
possession of the properties of the LESSEE used or Gallery Frames, G.R. No. 189871, August 13, 2013]
situated in the Leased Premises and the LESSEE
hereby authorizes the LESSOR to offset the prevailing REQUISITES OF NECESSARY DEPOSIT IN FAVOR
value thereof as appraised by the LESSOR against any OF PASSENGERS AND TRAVELERS
unpaid rentals, charges and/or damages. If the 1. The common carrier or hotel keeper has been
LESSOR does not want to use said properties, it may previously informed about the effects brought by
instead sell the same to third parties and apply the the guests; and
proceeds thereof against any unpaid rentals, charges 2. The guests have taken the precautions
and/or damages. prescribed regarding their safekeeping. (Arts.
1754 & 1998, NCC)
By agreement between FBDC and Tirreno, the
properties are answerable for any unpaid rent or NOTE: Actual notification is NOT required before the
charges at any termination of the lease. Such common carrier becomes liable for lost belongings that
agreement is not contrary to law, morals, good remained in the custody of the passenger (Sulpicio Lines
customs, or public policy. Forfeiture of the properties v. Sesante, G.R. No. 172682, July 27, 2016)
is the only security that FBDC may apply in case of
Tirreno's default in its obligations. Hotel and Inn Keepers, When Liable
The keepers of hotels or inns shall be held responsible
for loss of thing in case of deposit when both are
CREDIT TRANSACTIONS present:
1. Keepers or their employees have previously
INTEREST AS DAMAGES IN BREACH OF been informed about the effects brought by the
OBLIGATION guests; and
Interest accrues in the concept of damages when: 2. The latter have taken the precautions prescribed
1. The obligation consists in the payment of a sum regarding their safekeeping [Art. 1998, Civil
of money; Code].
2. Debtor incurs in delay; and
3. There being no stipulation to the contrary. Liability Regardless of Degree of Care Exercised
They are liable regardless of the degree of care
Interest on the amount of damages awarded may be exercised when:
imposed at the discretion of the court and in the 1. The loss or injury is caused by his servants or
prevailing legal interest. No interest, however, shall be employees as well as by strangers [Art. 2000,
adjudged on unliquidated claims or damages until the Civil Code].
demand can be established with reasonable certainty. 2. The loss is caused by the act of a thief or robber
[Lara’s Gifts & Decors, Inc., v. Midtown Industrial Sales without the use of arms and without the use of
Inc., G.R. No. 225433 (2019)] irresistible force [Art. 2001, Civil Code].

BSP Circular No. 799, Series of 2013, provides that the When NOT Liable
rate of interest for the loan or forbearance of any The keepers of hotels or inns shall NOT be held
money, goods or credits and the rate allowed in responsible for loss of thing in case of deposit when:
judgments, in the absence of an express contract as to

27
 1. The loss or injury is caused by force majeure, TORTS AND DAMAGES
like flood, fire, [Art. 2000, Civil Code], and theft
or robbery by a stranger with the use of arms or TORTS
irresistible force [Art. 2001, Civil Code]. Elements of a Tort (DBIP)
Exception: Hotelkeeper is guilty of fault or 1. Duty
negligence in failing to provide against the loss 2. Breach
or injury from his cause [Arts. 1170 & 1174, Civil 3. Injury
Code]. 4. Proximate Causation
2. The loss is due to the acts of the guests, his
family, servants, visitors [Art. 2002, Civil Code] Proximate Cause
3. The loss arises from the character of the things It is that cause which, in natural and continuous
brought into the hotel [Art. 2002, Civil Code]. sequence, unbroken by any efficient intervening cause,
produces the injury, and without which the result would
CONTRACT OF ANTICHRESIS not have occurred [Bataclan v. Medina, G.R. NO.
In an antichresis contract, a creditor who acquires to L-10126, October 22, 1957].
receive the fruits of an immovable property owned by
the debtor with the obligation to apply them to the The doctrine of proximate cause is applicable only in
payment of the interest, if owing, and thereafter to the actions for quasi-delict, not in actions involving breach of
principal of his credit. contract.

Right of the Creditor to Receive Fruits In order that civil liability for negligence may arise, there
It usually covers all the fruits that may be received from must be a direct causal connection between the damage
the property. However, parties are allowed to stipulate suffered by the plaintiff and the act or omission of the
which kind of fruits shall be received by the creditor [Art. defendant. Plaintiff, however, must establish a sufficient
1306, NCC]. link between the act or omission and the damage or
injury. That link must not be remote or far-fetched;
Interest to be Compensated with the Fruits of the otherwise, no liability will attach. The damage or injury
Property must be a natural and probable result of the act or
The contracting parties may stipulate that the interest omission [Dy Teban Trading, Inc. v. Ching, G.R. No.
upon the debt be compensated with the fruits of the 161803, February 04, 2008]
property which is the object of the antichresis, provided
that if the value of the fruits should exceed the amount Doctrine of Last Clear Chance
of interest allowed by the laws against usury, the excess A defense of the plaintiff where he can hold the
shall be applied to the principal [Art. 2138, NCC]. defendant liable despite his own negligence, provided
that:
The Debtor May Reacquire the Enjoyment of His 1. His negligence is not the proximate cause of his
Property When: own injury; OR
1. The debtor already paid the debt in full to the 2. That it is impossible to determine whose
creditor; or negligence is the proximate cause.
2. If the creditor does not want to do the
obligations in Art. 2135 imposed upon him such Unjust Enrichment
as the payment of taxes and expenses for There is unjust enrichment when a person unjustly
preservation and repair [Art. 2136, NCC]. retains a benefit to the loss of another, or when a person
retains money or property of another against the
fundamental principles of justice, equity and good
conscience.

28
The principle of unjust enrichment requires two DAMAGES
conditions: Damages may be defined as the pecuniary
1. That a person is benefited without a valid basis compensation, recompense, or satisfaction for an injury
or justification, and sustained, or as otherwise expressed, the pecuniary
2. That such benefit is derived at the expense of consequences, which the law imposes for the breach of
another [PSE v. Litonjua, G.R. No. 204014, some duty or the violation of some right (People v.
(2016)]. Ballesteros, G.R. No. 120921 [1998]).

Damnum Absque Injuria Elements for recovery of damages

“Damage without injury”. Under this principle, the 1. Right of action
legitimate exercise of a person's rights, even if it causes 2. For a wrong inflicted by the defendant
loss to another, does not automatically result in an 3. Damage resulting to the plaintiff
actionable injury. The law does not prescribe a remedy
for the loss. [Amonoy v. Gutierrez, G.R. No. 140420 Kinds of Damages (Art. 2197, NCC)
(2001)]. Damages may be:
1. Actual or compensatory;
Doctrine of Volenti Non Fit Injuria 2. Moral;
“To which a person assents is not esteemed in law as 3. Nominal;
injury.” A self-inflicted injury or consent to such 4. Temperate or moderate;
precludes the recovery of damages being the one who 5. Liquidated; or
knowingly and voluntarily exposed himself to danger. 6. Exemplary or corrective.
[Pantaleon v. American Express International, Inc,G.R.
No. 174269 (2010)]

Reasonable foresight of harm, followed by the ignoring

of the suggestion born of this prevision, is always
necessary before negligence can be held to exist.
[Abrogar v. Cosmos Bottling Co., G.R. No. 164749
(2017)]

Abuse of Rights
The elements of an abuse of rights under Art. 19, NCC
are:
1. There is a legal right or duty;
2. Which is exercised in bad faith; and
3. For the sole intent of prejudicing or injuring
another [California Clothing v. Quiñones, G.R.
No. 175822 (2013)].

Note: While Art. 19 lays down a rule of conduct for the

government of human relations and for the maintenance
of social order, the remedies for its violations may be
found in Arts. 20-21. [Globe Mackay v. CA, 1989]

29