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PERSONS AND

FAMILY RELATIONS
I. NEW CIVIL CODE
Effectivity of laws
GENERAL RULE: Laws take effect 15 days
following the completion of its publication
EXCEPTION: Unless otherwise provided by
the law.
Publication cannot be dispensed with for it
would be a violation of due process.
Administrative rules and regulations must
also be published if their purpose is to enforce
or implement existing laws pursuant to a valid
delegation. The publication must be in full since
its purpose is to inform the public of the
contents of the law. (Phil. Intl Trading Corp. vs.
Angeles)
Non-retroactivity of laws
GENERAL RULE: Laws have no retroactive
effect.
EXCEPTIONS: (UCIPELT)
1. Unless the law otherwise provides
2. Curative statutes
3. Interpretative statutes
4. Procedural/remedial
5. Emergency laws
6. Laws creating new rights
7. Tax laws
EXCEPTIONS TO THE EXCEPTIONS:
1. Ex post facto laws
2. Laws that impair obligation of contracts
Acts Contrary To Law
GENERAL RULE: Acts which are contrary to
mandatory or prohibitory laws are void.
EXCEPTIONS:
1. When the law itself authorized its
validity (ex. lotto, sweepstakes)
2. When the law makes the act only
voidable and not void (ex. voidable
contracts where consent is vitiated)
3. When the law makes the act valid but
punishes the violator (ex. marriage
solemnized by a person without legal
authority)
Waiver of rights
Requisites: (EKI)
1. Existence of a right
2. Knowledge of the existence of a right
3. Intention to relinquish the right
GENERAL RULE: Rights can be waived.
EXCEPTIONS:
1. If the waiver is contrary to law, public
order, public policy, morals or good
customs (LPPMG)
2. If the waiver is prejudicial to a third
party with aright recognized by law.
Laws applicable
1. Penal laws and laws of public security
territoriality rule governs
laws of the Philippines will govern upon all
those who live or sojourn in it

2. Laws relating to family rights and duties, or to


the status, condition and legal capacity of
persons
nationality rule applies
laws of the Philippines will govern its citizens,
regardless of their residence
EXCEPTION: When a marriage between a
Filipino citizen and a foreigner is validly
celebrated and a divorce is thereafter validly
obtained abroad by the alien spouse
capacitating him or her to remarry, the Filipino
spouse shall likewise have the capacity to
remarry under Philippine law. (Art. 26 par. 2
Family Code)
Note: domiciliary rule supplants the nationality
rule in cases involving stateless persons
3. Laws on property
lex rei sitae applies
real property, as well as personal property is
subject to the law of the country where it is
situated
4. Laws on forms and solemnities
lex loci celebrationis applies
Rules on Personal Law
DOMICILIARY RULE
NATIONALITY RULE
basis for determining basis for determining
personal law of an personal law of an
individual
is
his individual
is
his
domicile
citizenship
LEX
NATIONALII
Art. 15, CC
Citizenship is
the basis for
determining
the personal
law
applicable
Covers
family rights
& duties,
status,
condition &
legal
capacity
Exception:
Art. 26, par.
2 of Family
Code

LEX REI
SITAE
Art. 16, CC
Law of the
place where
the property
is situated is
the basis for
deter-mining
law
applicable
Covers both
real
&
personal
property

LEX LOCI
CLEBRATIONIS
Art. 17, CC
Law of the place
where the
contract was
executed is the
basis for
determining law
applicable

Exceptions:
(CIAO)
1. Capacity
to succeed
2.
Intrinsic
validity
of
the will
3. Amount of
successional
rights
4. Order of
succession

Exceptions:
1. Art. 26, par. 1
of Family Code
(marriage
involving
Filipinos
solemnized
abroad, when
such are void in
the Philippines)
2. Intrinsic
validity of
contracts

Covers only the


forms
&
solemnities
(extrinsic validity)

Renvoi Doctrine
Where the conflict rules of the forum refer to a
foreign law, and the latter refers it back to the

internal law, the latter (law of the forum) shall


apply.
If the foreign law refers it to a third country,
the said countrys laws shall govern, and is
referred to as the transmission theory.
Doctrine of Processual Presumption
The foreign law, whenever applicable, should
be proved by the proponent thereof; otherwise,
such law shall be presumed to be exactly the
same as the law of the forum.
Rule on Prohibitive Laws
GENERAL RULE: Prohibitive laws concerning
persons, their acts or property and laws which
have for their object public order, public policy
or good customs are not rendered ineffective by
laws, judgments promulgated or conventions
agreed upon in foreign country.
EXCEPTION: Art. 26, par. 2 Family Code
Ex. Divorce law
PERSONS
CIVIL PERSONALITY
aptitude of being the subject, active or
passive, of rights and obligations

When is a Child Considered Born


GENERAL RULE: For civil purposes, the fetus
is considered born if it is alive at the time it is
completely delivered from the mothers womb.
EXCEPTION:
If
the
fetus had an
intrauterine life of less than 7 months, it is not
deemed born if it dies within 24 hours after its
complete delivery from the maternal womb.
Presumption of survivorship
Two or more persons, called to succeed each
other, shall be presumed to have died at the
same time, subject to the following conditions:
1. parties are heirs to one another
2. no proof as to who died first
3. with doubt as to who died first
Note: Art. 43 applies when the parties are called
to succeed each other. But if the parties are not
called to succeed each other, Rule 131, Sec. 3
(jj) of the Rules of Court applies. Both are to be
applied only in the absence of facts.
Cessation of Civil Personality
1. If natural persons: by death
2. If juridical persons: by termination of
existence
CITIZENSHIP

JURIDICAL
CAPACITY
Fitness to be the
subject of legal
relations
Passive
Inherent
Lost only through
death
Can exist without
capacity to act
Cannot be limited or
restricted

CAPACITY TO ACT
Power to do act with
legal effects

Elements of Domicile
1. Physical presence in a fixed place
2. Intention to remain permanently (animus
manendi)

Active
Merely acquired
Lost through death and
other causes
Cannot exist without
juridical capacity
Can be restricted,
modified or limited

Kinds of Domicile
1. Domicile of origin - received by a person at
birth.
2. Domicile of choice - the place freely
chosen by a person sui juris.
3. Constructive domicile - assigned to a child
by law at the time of his birth.

THEORIES ON CAPACITY TO ACT


THEORY OF
THEORY OF
GENERAL
SPECIAL
CAPACITIES
CAPACITIES
Applies
to
natural Applies to juridical
persons
persons
One has the ability to This limits the power
do all things with legal of juridical persons
effects except only in only to those that are
those specific circum- expressly
conferred
stances where the upon them or those
capacity to act is which can be implied
restrained
therefrom
or
incidental thereto
Natural persons
GENERAL
RULE:
Birth
determines
personality.
EXCEPTION: The law considers the
conceived child as born for all purposes
favorable to it if born alive. Therefore, the child
has a presumed personality, which has two
characteristics:
1. limited; and
2. provisional/conditional
The presumption as to the childs personality
applies only in cases beneficial to the child.

II. FAMILY CODE


MARRIAGE
A special contract of permanent union between
a man and a woman entered into in accordance
with law for the establishment of conjugal and
family life.
Its nature, consequences and
incidents are fixed by law and cannot be the
subject of stipulation.
Essential requisites: (LC)
1. Legal capacity of the contracting parties,
who must be a male and a female
2. Consent freely given in the presence of a
solemnizing officer
Formal requisites: (ALM)
1. Authority of the solemnizing officer
2. Valid Marriage License
3. Marriage ceremony where the contracting
parties appear before the solemnizing officer,
with their personal declaration that the take
each other as husband and wife in the
presence of not less than two witnesses of
legal age
Effects:
Absence of essential
the marriage is void
or formal requisites
ab initio
Defect in any of the
The
is
marriage
essential requisites
voidable

Irregularity in any of
the formal requisites

Does NOT affect the


validity of the marriage
BUT will hold the party
responsible for such
irregularity liable

Persons Authorized To Solemnize Marriages:


(PMJCCC)
1. priests, rabbis, and ministers of any church
2. municipal and city mayors
3. members of the judiciary
4. ship captains or air plane chiefs
5. commanders of military unit, in the
absence of chaplain
6. consul generals, consuls or vice-consuls
Authorized Venues Of Marriage
GENERAL RULE: Must be solemnized
publicly, and not elsewhere, in the:
1. chambers of the judge or in open court
2. church, chapel or temple
3. office of consul-general, consul or viceconsul
EXCEPTIONS:
1. marriage at the point of death (articulo
mortis);
2. marriage in remote places
3. marriage at a house or place designated by
the parties with the written request to the
solemnizing officer
Marriages
Exempt
From
License
Requirement: (MOLAR)
1. among Muslims or members of ethnic
cultural communities, provided such were
solemnized in accordance with their customs,
rites and practices
2. solemnized outside the Phil. where NO
marriage license is required by the country
where they were solemnized
3. of a man and a woman who have lived
together as husband and wife for at least 5
years and without legal impediment to marry
each other
Note: their act of living together must be
characterized by exclusivity and continuity.
4. in articulo mortis
5. in remote places
A marriage license is valid only for 120 days
from date of issue, in any part of the Phils.
Foreign Marriages
Validity of marriage:
GENERAL RULE: Where one or both parties
to the marriage are citizens of the Philippines,
the foreign marriage is valid in this country if
solemnized in accordance with the laws of the
country of celebration.
EXCEPTIONS: Foreign marriages shall not be
recognized in the Philippines if prohibited
because: (BBMA-PIP)
1. contracted by a national who is below
18 years of age
2. bigamous or polygamous (except as
provided for in Art. 41, FC)
3. contracted through mistake of one party
as to the identity of the other

4. contracted following the annulment or


declaration of nullity of a previous
marriage but before partition
5. void due to psychological incapacity
6. incestuous
7. void for reasons of public policy
Validity of divorce:
GENERAL RULE: A divorce validly obtained
abroad by the alien spouse, capacitating
him/her to remarry can allow the Filipino to
remarry.
EXCEPTION:
The rule will not apply if the
divorce was obtained by the Filipino spouse.
Note: A Filipino wife remains the lawful wife of
the Filipino husband despite a decree of divorce
obtained abroad by the wife. However, if the
wife is already a foreigner at the time of the
divorce, she ceases to be the lawful wife of the
Filipino husband. This, notwithstanding, if at the
time of the marriage the wife was still a Filipino,
and subsequently acquires citizenship of
another country, thereby rendering her to have
the legal capacity to obtain a decree of divorce,
the Filipino husband remains a spouse of the
former. This situation is not covered by Art. 26,
par.2 which requires that, at the time of the
marriage, one of the parties is already an alien.
VOID MARRIAGES
A. Due to absence of any of the essential
requisites: (BALBISP)
1. contracted by any party below 18 years of
age even with parental consent
2. solemnized by any person not legally
authorized to perform marriages unless one or
both of the parties believed in good faith that
the solemnizing officer had the legal authority
to do so
3. solemnized without a license except as
otherwise provided
4. bigamous or polygamous marriages
5. marriages contracted through mistake of
one of the parties as to the identity of the other
6. subsequent marriages that are void under
Art. 53 of the Family Code
7. contracted by a party who at the time of the
marriage was psychologically incapacitated
B. Incestuous marriages, whether the
relationship be legitimate or illegitimate
(Art.37):
1. between ascendants & descendants of any
degree
2. between brothers & sisters whether full or
half-blood
C. Those contrary to public policy (Art.38):
1. between collateral blood relatives whether
legitimate or illegitimate up to the 4th civil
degree (SPAS-SAAK)
2. between step-parents & step children
3. between parents-in-law & children-in-law
4. between the adopting parent & the adopted
child
5. between the surviving spouse of the
adopting parent & the adopted child
6. between the surviving spouse of the
adopted child & the adopter

7. between an adopted child & a legitimate


child of the adopter
8. between the adopted children of the same
adopter
9. between parties where one, with the
intention to marry the other, killed the latters
spouse, or his/her spouse
NOTE: Under the FC, the following can now
marry each other:
1) Brother-in-law and sister-in-law;
2) Stepbrother and stepsister;
3) Guardian and ward;
4) Adopted and illegitimate child of the
adopter;
5) Parties who have been convicted of
adultery or concubinage.
D. Subsequent marriages
1. without judicial declaration of nullity of
previous void marriage (Art. 40)
2. without judicial declaration of presumptive
death of absent spouse (Art. 41)
3. where the spouse was presumed dead, and
both the present spouse and would-be spouse
were in bad faith in contracting marriage
(Art.44)
Where there was failure to record in the civil
registry and registry of property the judgment of
annulment or of absolute nullity of the marriage,
partition and distribution of the property of the
spouses and the delivery of the childrens
presumptive legitimes it shall not affect third
persons (Arts.52-53).
Even if a marriage is void, it must be
declared void first because the parties cannot
decide for themselves the invalidity of their
marriage.
VOID
Decree of nullity
Never be ratified
Attacked directly or
collaterally
Co-ownership
Always void
Action for declaration
of nullity does not
prescribe

VOIDABLE
Decree of annulment
Ratified by free
cohabitation
Attacked directly only
Conjugal Partnership
Valid until annulled
Action prescribes

Psychological Incapacity
no exact definition but is restricted to
psychological incapacity to comply with the
essential marital obligations of marriage
involves a senseless, protracted and constant
refusal to comply with the essential marital
obligations by one or both of the spouses
although he, she or they are physically capable
of performing such obligations (Chi Ming Tsoi
vs. CA)
Essential elements: (MAVFFCCI)
1. Mental condition
2. Applies to a person who is maritally
contracted to another
3. Marriage entered into with volition
4. Failure to perform or comply with the
essential obligations in marriage

5. Failure to perform is chronic


6. Cause is psychological in nature
7. Cause is serious, with juridical antecedence
and must be incurable
8. Incapacity results in the failure of the
marriage.
BIGAMOUS MARRIAGES
GENERAL RULE: A marriage contracted by
any person during the subsistence of a previous
valid marriage shall be null and void.
EXCEPTIONS: When
the
following
conditions concur, the subsequent bigamous
marriage shall be valid:
1. absence of the other spouse must have
been for four consecutive years, or two years
where there was danger of death
2. well-founded belief of the present spouse
that absent spouse was already dead
3. judicial declaration of presumptive death
EFFECTS
OF
TERMINATION
OF
SUBSEQUENT MARRIAGE: (CADI 2)
1. Children of the subsequent marriage
conceived prior to its termination shall be
considered legitimate;
2. The absolute community or conjugal
partnership shall be dissolved and
liquidated. If either spouse acted in bad
faith, his/her share in the net profits shall be
forfeited:
a. in favor of the common children;
b. if none, in favor of the children of the
guilty spouse by previous marriage; or
c. in default of children, in favor of the
innocent spouse;
3. Donations by reason of the marriage remain
valid except if the donee contracted the
marriage in bad faith;
4. The innocent spouse may revoke the
designation of the spouse in bad faith as the
beneficiary in any insurance policy; and
5. The spouse who contracted the subsequent
marriage in bad faith shall be disqualified to
inherit from the innocent spouse by testate
or intestate succession.
NOTE: The above effects apply in voidable
bigamous marriages. Except for (1), the above
effects also apply to marriages which are
annulled or declared void ab initio under Art. 40
of the Code.
DECLARATION OF PRESUMPTIVE DEATH
Requisites: (MR-BF)
1. That the absentee spouse has been
missing for 4 consecutive years or 2
consecutive years if the disappearance
occurred where there is danger of death under
circumstances laid down in Art.391 of the NCC
2. The present spouse wishes to remarry;
3. The present spouse has well-founded
belief that the absentee is Dead;
4. The present spouse files a summary
proceeding for the declaration of presumptive
death
Effect of Reappearance of Absent Spouse:
GENERAL RULE:
The
subsequent
bigamous marriage under Article 41 remains
valid despite reappearance of the absentee
spouse.

EXCEPTION:
If the reappearance was
made in a sworn statement recorded in the civil
registry,
the
subsequent
marriage
is
automatically terminated.
EXCEPTION TO THE EXCEPTION: If there
was a previous judgment annulling or declaring
the first marriage a nullity, the subsequent
bigamous marriage remains valid.
VOIDABLE MARRIAGES
Grounds:
(FAV-PUS)
1. Age of the party in whose behalf it is
sought to have the marriage annulled was 18
years of age or over but below 21, and the
marriage was solemnized without the consent
of the parents, guardian or person exercising
substitute parental authority over the party, in
that order, and both lived together as husband
and wife;
2. Unsound mind of either party
3. Fraudulent means of obtaining consent of
either party
4. Vitiated consent of either party through
force, intimidation or undue influence
5. Physical incapability of either party to
consummate the marriage with the other, and
such incapacity continues and appears to be
incurable
6. Sexually-transmissible disease of either
party found to be serious and appears to be
incurable
Note: Mode of ratification for Nos. 1-4 is
COHABITATION. In Nos. 5 & 6, there is no
ratification to speak of since the defect is
permanent. The latter can be convalidated only
by prescription, i.e. 5 years from the date of
marriage. Specifically, in no.5, the healthy
spouse may still annul the marriage within 5yrs.
after celebration.
Circumstances amounting to Fraud under
Art. 45(3): (NPSD)
1. Non-disclosure of a previous conviction by
final judgment of the other party of a crime
involving moral turpitude;
2. Concealment by the wife of the fact that at
the time of the marriage, she was pregnant by a
man other than her husband;
3. Concealment of a sexually transmissible
disease, regardless of its nature, existing at the
time of the marriage; and
4. Concealment of drug addiction, habitual
alcoholism,
homosexuality or lesbianism
existing at the time of the marriage.
Note: Misrepresentation as to character,
health, rank, fortune or chastity is not a
ground for annulment.
Ground
(F2I2NS)
1. Force,
intimidation,
or undue
influence

2. Fraud

Persons
Who May
Sue
injured party

injured party

Prescriptive
Period
w/in 5 years
from the time
the force,
intimidation, or
undue influence
ceased
w/in 5 years
from the dis-

3. Incapability to
consummate

injured party

4. Insanity

a. sane
spouse who
has no
knowledge of
the insanity
b. relatives,
guardians or
persons having legal
charge of the
insane
c. insane
spouse
a. parent/
legal
guardian
having
charge of the
no-consent
party
b. no
consent
party
injured party

5. Nonconsent

6. STD

covery of fraud
w/in 5 years
after the
celebration of
the marriage
a. anytime
before the death
of either party
b. anytime
before the death
of either party
c. during lucid
interval or after
regaining sanity

a. anytime
before the no
consent party
reaches 21
b. w/in 5 years
after reaching
21

w/in 5 years
after the
celebration of
the marriage
Note: In Nos. 1, 2, 4, and 5, when cohabitation
takes place after the defect ceases to exist, the
prescriptive period is rendered moot and
academic. Whichever comes first may
convalidate the marriage: Cohabitation or
Prescription.
Requisites
for
annulment
due
to
Impotence under Art.45(5); (CPUN-I)
1. Impotence exists at the time of the
celebration of the marriage
2. The impotence is permanent
3. incurable
4. The impotence is unknown to the other
spouse
5. The other spouse must not be impotent
also
Doctrine of Triennial Cohabitation
presumption that the husband is impotent
should the wife still remain a virgin after 3 years
of living together with her husband.
Requisites for annulment due to Disease
under Art. 45(6): (ICSIIF)
1. Either party is inflicted with a sexually
transmissible disease (STD)
2. STD must exist at the time the marriage is
celebrated
3. STD must be serious
4. STD must be apparently incurable
5. Party not afflicted by STD must be ignorant
of the others affliction
6. Injured party must be free from STD
ADDITIONAL
ANNULMENT
NULLITY

REQUIREMENTS
FOR
OR
DECLARATION
OF

a) Prosecuting attorney or fiscal should:


1. Take steps to prevent collusion between the
parties
2. Take care that evidence is not fabricated or
suppressed
b) The following must be accomplished:
1. Partition and distribution of the properties
of the spouses
2. Delivery of the childrens presumptive
legitimes
3. Recording of the judgment of annulment or
absolute nullity
LEGAL SEPARATION
Grounds:
(DAPALIMBAS)
1. repeated physical violence or grossly
abusive conduct directed against the
petitioner, a common child, or a child of the
petitioner
2. attempt of the respondent to corrupt or
induce the petitioner, a common child, or a
child of the petitioner, to engage in
prostitution, or connivance in such corruption
or inducement
3. attempt by the respondent against the life
of the petitioner
4. final judgment sentencing the respondent
to imprisonment of more than 6 years even if
pardoned
5. drug addiction or habitual alcoholism of the
respondent
6. lesbianism or homosexuality of the
respondent
7. abandonment of the petitioner by the
respondent without justifiable cause for more
than 1 year
8. physical violence or moral pressure to
compel petitioner to change religious or
political affiliation
9. contracting by respondent of a subsequent
bigamous marriage; and
10.sexual infidelity or perversion.
Cooling-off Period 6 months period
designed to give the parties enough time to
further contemplate their positions with the end
in view of attaining reconciliation between them.
Grounds for denial of petition: (CCCC-MP-DR)
1. Condonation
2. Consent
3. Connivance
4. Collusion
5. Mutual Guilt
6. Prescription
7. Death of either party during the pendency
of the case (Lapuz-Sy vs. Eufemio)
8. Reconciliation of the spouses during the
pendency of the case
Effects of filing petition:
1. The spouses shall be entitled to live
separately from each other.
2. The husband shall have no more right to
have sexual intercourse with his wife.
3. In the absence of an agreement between
the parties, the court shall designate the
husband, the wife, or a 3rd person to manage
the
absolute
community
or
conjugal
partnership property.

Effects of decree of legal separation:


1. The spouses shall be entitled to live
separately from each other but the marriage
bond is not severed.
2. The absolute community or conjugal
partnership shall be dissolved and liquidated.
3. The custody of the minor children shall be
awarded to the innocent spouse subject to the
provisions of Art. 213 of the Code.
4. The offending spouse shall be disqualified
from inheriting from the innocent spouse by
intestate succession and the provisions in
favor of the offending spouse made in the will
of the innocent spouse shall be revoked by
operation of law.
5. The innocent spouse may revoke the
donations made by him/her in favor of the
offending spouse, as well as the designation of
the latter as beneficiary in any insurance
policy, even if the designation be irrevocable.
Effects of Reconciliation of the Spouses:
1. The legal separation proceedings, if still
pending, shall thereby be terminated at
whatever stage.
2. The final decree of legal separation shall
be set aside, but the separation of property
and any forfeiture of share of the guilty spouse
already effected shall subsist, unless the
spouses agree to revive their former property
regime.
MARITAL RIGHTS AND OBLIGATIONS
(LORFJM)
1. live together
2. observe mutual love, respect & fidelity
3. render mutual help & support
4. fix the family domicile
5. joint responsibility for the support of the
family
6. management of the household
Exercise of Profession
GENERAL RULE:
Husband & wife can
engage in any lawful enterprise or profession
without the consent of the other.
EXCEPTION:
Upon objection of the other
spouse only on valid, serious and moral
grounds, may the formers consent be
necessary.
Property Relations Between Husband & Wife
Governed by:
1. marriage settlements or antenuptial
agreements
2. provisions of the Family Code
3. local customs (when spouses repudiate
absolute community)
MARRIAGE SETTLEMENTS
It is a contract entered into by the future
spouses fixing the matrimonial property regime
that should govern during the existence.
Requisites:
1. made before celebration of marriage
2. in writing (even modifications)
3. signed by the parties
4. not prejudice third persons unless registered
in the civil registry

5. to fix terms and conditions of their property


relations
6. additional signatories
a. 18-21: parents
b. civil interdictees & disabled: guardian
Not applicable when:
1
both spouses are aliens, even if married in
the Philippines
2
as to extrinsic validity of contracts
DONATIONS BY REASON OF MARRIAGE
Requisites: (B-COB)
1. made before celebration of marriage
2. in consideration of marriage
3. in favor of one or both future spouses
BASES
Formalities

Present
Property

Future
property

Grounds for
revocation

DONATIONS
PROPTER
NUPTIAS
Governed by
the rules on
ordinary
donations
except that if
future
property is
donated, it
must conform
with
formalities of
wills
May be
donated but
up to 1/5 of
donors
present
property
May be
included
provided
donation is
mortis causa
Art. 86, FC

ORDINARY
DONATIONS
Governed by
rules on
donations
(Arts. 725773, NCC)

No limit
except that
donor shall
leave property
enough for his
support
Cannot be
included

Arts. 760, 764,


& 765, NCC

Rule on Donation Between Spouses During


Marriage
GENERAL RULE:
VOID, either direct or
indirect donation
EXCEPTIONS:
1. moderate gifts on occasions of family
celebrations
2. donations mortis causa
Note: This rule also applies to common-law
spouses. (Art. 87, Family Code)
SYSTEM OF ABSOLUTE COMMUNITY (AC)
The property regime of the spouses in the
absence of a marriage settlement or when the
marriage is void. This is so because it is more in
keeping with Filipino culture.
GENERAL RULE: Community property shall
consist of all property owned by the spouses at
the time of the marriage or acquired thereafter.
EXCEPTIONS: (BEG)
1. property acquired before the marriage
by either spouse who has legitimate
descendants by a former marriage

2. property for personal and exclusive use


except jewelry
3. property acquired during the marriage
by gratuitous title, except when the
donor, testator or grantor expressly
provides otherwise
Administration of the community property
GENERAL RULE: It shall belong to both
spouses jointly.
EXCEPTIONS:
1. In case of disagreement, husbands
decision shall prevail.
2. In case one spouse is incapacitated or
unable to participate in the administration
of the common properties, other spouse
may assume sole powers.
Note: These powers do not include:
a. Disposition
b. encumbrance
Any alienation or encumbrance is void if
without the written consent of the other spouse
Steps in Liquidation of AC: (IP-DDP)
1. Inventory
a. Inventory
of
Community
Property
b. Inventory of separate property
of the wife
c. Inventory of separate property
of the husband
2. Payment of Community Debts
First, pay out of community assets,
if not enough, husband and wife are
solidarily liable
3. Delivery to each spouse his/her
separate property if any
4. Division of the net community assets
5. Delivery of presumptive legitimes, if
any, to the children
CONJUGAL PARTNERSHIP OF GAINS (CP)
It is that formed by a husband and wife
whereby they place in a common fund the fruits
of their separate property, and the income from
their work or industry, the same to be divided
between them equally (as a general rule) upon
the dissolution of the marriage or the
partnership.
Conjugal Partnership Property: (LC2 FONT)
1. obtained from labor, industry, work or
profession
2. acquired by chance
3. acquired during the marriage with conjugal
funds
4. fruits of the conjugal property
5. acquired through occupation
6. net fruits of their exclusive property
7. share of either spouse in hidden treasure
Exclusive Property Of Each Spouse: (OGRE)
1. that which is brought to the marriage as
his/her own
2. acquired during the marriage by gratuitous
title
3. acquired by right of redemption, barter or
exchange with property belonging to either
spouse

4. purchased with exclusive money of either


spouse
Rules In Cases Of Improvement Of Exclusive
Property
1. Reverse Accession if the cost of the
improvement and the plus value is more than
the value of the principal property at the time
of the improvement, the property becomes
conjugal
2. Accession if the cost of the improvement
of the plus value is equal to or less than the
value of the principal property at the time of
the improvement, the entire property becomes
the exclusive property of the spouse.
Steps In Liquidation Of CP: (IRDO-DIP-D)
1. Inventory of the Conjugal Partnership of
Gains assets
2. Restitution of advances made to each
spouse
3. Payment of debts to each spouse
4. Payment of obligations to third parties
5. Delivery of exclusive properties
6. Payment of losses and deterioration of
movables belonging to each spouse
7. Delivery of presumptive legitimes
8. Division of the net conjugal partnership
properties
Property bought on instalments paid partly
from exclusive funds of the spouses and partly
form conjugal funds:
1.
If full ownership was vested
before the marriage it shall belong to
the buyer-spouse
2.
If full ownership was vested
during the marriage - it shall belong to
the conjugal partnership
Charges Upon And Obligations Of AC and
CP:
1. Support for family except for illegitimate
children of either spouse;
2. Debts and obligations which must have
been contracted:
a. by administrator-spouse for the benefit
of the family;
b. by both spouses; or
c. by one spouse with the consent of the
other;
3. Debts and obligations without marital
consent provided the family was benefited;
4. All taxes, liens, charges and expenses
including major or minor repairs upon the
community or conjugal property;
However, in conjugal partnership,
actual use need not be proved
because it is presumed.
5. All taxes and expenses for mere
preservation made during the marriage upon
the exclusive property of either spouse used
by the family;
6. Expenses
for
education
or
selfimprovement of either spouse;
7. Ante-nuptial debts of either spouse insofar
as they have redounded to the benefit of the
family;
8. The value of what is donated or promised
by both spouses in favor of their common

legitimate children for education or selfimprovement; and


9. Expenses of litigation between spouses
unless found to be groundless.
The separate properties shall be solidarily
and subsidiarily liable for the obligations if the
community
or
conjugal
properties
are
insufficient.
The absolute community property shall also
be liable for ante-nuptial debts mentioned
above, support of illegitimate children, and
liabilities incurred by either spouse by reason of
a crime or quasi-delict in case of insolvency of
the exclusive property of the debtor-spouse.
Payment of which shall be advanced by the
absolute community property, subject to
deduction from the share of the debtor-spouse.
The conjugal partnership property shall
likewise be liable for the payment of the
personal debts of either spouse insofar as they
have redounded to the benefit of the family.
Grounds For Termination Of Absolute
Community And Conjugal Partnership:
(LADS)
1. decree of legal separation
2. annulment or declaration of nullity of
marriage
3. death of either spouses
4. judicial separation of property
REGIME OF SEPARATION OF PROPERTY
Causes:(CLAAPS)
1. petitioners spouse has been sentenced
with a penalty which carries with it civil
interdiction;
2. loss of parental authority of the petitioners
spouse as decreed by the court;
3. petitioners spouse has been judicially
declared an absentee;
4. abandonment by the petitioners spouse
and failure to comply with the obligations to
the family;
5. spouse granted power of administration in
marriage settlement abused such power; and
6. at the time of the petition, spouses are
separated in fact for at least 1 year and the
possibility
for
reconciliation
is
highly
improbable.
The spouses contribute to the family
expenses proportionately with their income and
the value of their properties. However, the
liability of the spouses to the creditors for family
expenses is solidary.
PROPERTY REGIME OF UNIONS WITHOUT
MARRIAGE
Art. 147
Art. 148
Applicability
1. Without
1. With legal
legal
impediment to
impediment to marry
marry
2. Adulterous
2. Void
relationships
marriages due 3. Bigamous
to absence of
or
formal
polygamous
requisite
marriages
4. Incestuous

Salaries &
Wages

Owned in
equal shares

Property
Acquired
Exclusively
by Either
Party

Belongs to
such party
provided there
is proof that
he/she
acquired it by
exclusive
funds
Governed by
the rules on
co-ownership

Property
Acquired by
Both Parties

Presumption
(prima facie)

Forfeiture

Presumption
of joint
acquisition
and equal
sharing as to
property
acquired while
they live
together.

When only
one of the
parties is in
good faith, the
share of the
party in bad
faith in the coownership
shall be
forfeited:
a. in favor of
their common
children; or
b. in default of
or in case of
waiver by any
or all of the
common
children or
their
descendants,
in favor of the
innocent
party.

void
marriages
under Art. 37
5. Void
marriages by
reason of
public policy
under Art. 38
Separately
owned by the
parties
Belongs to
such party

Owned by
them in
common in
proportion to
their
respective
contributions
No
presumption
of joint
acquisition.
When there is
evidence of
joint
acquisition but
none as to the
extent of
actual
contribution,
there is a
presumption
of equal
sharing.
If one of the
parties is
validly
married to
another,
his/her share
in the coownership
shall accrue to
the absolute
community or
conjugal
partnership
existing in
such valid
marriage.
If the party
who acted in
bad faith is
not validly
married to
another or if
both parties
are in bad
faith, such
share shall be
forfeited in the
manner

provided in
the last
paragraph of
Art. 147.
FAMILY HOME
GENERAL RULE: The family home is exempt
from execution, forced sale or attachment.
EXCEPTIONS: (PLMN)
1. debts incurred prior to constitution
2. debts due to laborers, mechanics,
architects, builders, material men and
others who have rendered service or
furnished materials for the construction
of the building
3. debts secured by mortgages
4. non-payment of taxes
Guidelines:
1. deemed constituted from time of actual
occupation as a family residence
2. must be owned by person constituting it
3. must be permanent
4. rule applies to valid and voidable and even
to common-law spouses under Arts.147 and
148
5. continues despite death of one or more
spouses or unmarried head of the family for 10
years, or as long as a minor beneficiary lives
6. can constitute one (1) family home only
PATERNITY AND FILIATION
Rule on Children Conceived as a Result of
Artificial Insemination
Status is legitimate child, provided both
husband and wife authorized or ratified the
insemination in a written instrument which they
executed and signed before the birth of the child
Legitimate Children
GENERAL RULE:
Only those who are
conceived or born during a valid marriage
EXCEPTIONS: (AVC-CAAL)
1. Those children who are
2. Conceived as a result of artificial
insemination
3. Born of a voidable marriage before
decree of annulment
4. Conceived or born before judgment of
annulment or absolute nullity under Art. 36
has become final & executory
5. Conceived or born of subsequent
marriage under Art. 53
6. Of mothers who may have declared
against its legitimacy or was sentenced as
an adultress
7. Legally adopted
8. Legitimated, conceived and born
outside of wedlock of parents without
impediment at the time of conception and
had subsequently married
Illegitimate Children
GENERAL RULE: Those conceived and born
outside a valid marriage are illegitimate.
EXCEPTIONS: Children who are:
1. born of marriages which are void ab
initio such as bigamous and incestuous
marriages and marriage was declared void
for being contrary to law and public policy

2. of voidable marriages born after the


decree of annulment
Rules on Impugning Legitimacy
A. Grounds (PBA)
1. physical impossibility of the husband to
have sexual intercourse with his wife within the
1st 120 days of the 300 days immediately
preceding the childs birth, due to:
a. physical incapacity of the
husband;
b. husband and the wife were
living separately; or
c. serious illness of the husband
which absolutely prevented
sexual intercourse;
2. biological or scientific proof that the child
could not have been that of the husband; and
3. written authorization or ratification of either
parent for artificial insemination was obtained
through mistake, fraud, violence, intimidation
or undue influence.
B. Prescriptive periods
1. one year, from knowledge of birth or
recording in the civil register, if husband or
heirs lives in the same city/municipality
2. two years, if resides in the Phils.
3. three years, if abroad
C. Parties
GENERAL RULE: Only the husband may
impugn
EXCEPTION: The heirs, if the husband dies
before the end of the prescription of the action,
or after filing complaint, or child was born after
death
The question of legitimacy cannot be
collaterally attacked, it can be impugned only in
a direct action.
Rule on the Status of Children born after 300
days following Termination of Marriage
A. Requisites (TS-WBN)
1. first marriage terminated
2. mother contracted subsequent marriage
3. subsequent marriage was contracted within
300 days after termination of previous
marriage
4. child was born
5. no evidence as to status of child
B. Rules as to whom the child belongs
1. to first marriage, if child was born before
the lapse of 180 days after celebration of 2nd
marriage provided born within 300 days after
termination of the 1st marriage
2. to second marriage, if child was born after
180 days following celebration of 2nd marriage
whether born within 300 days after termination
of 1st marriage or afterwards
Rights of the Children
LEGITIMATE
Use of father &
mothers surname
Receive support from
parents
Entitled to the legitime

ILLEGITIMATE
Use of mothers
surname only
Receive support
according to FC
Legitime is of the

& other successional


rights

legitime of a legitimate
child

LEGITIMATION
Requisites: (NIM)
1. The child is illegitimate
2. The parents at the time of the childs
conception are not disqualified from marrying
each other
3. There is a valid marriage subsequent to the
childs birth
ADOPTION
A. Domestic Adoption Act of 1998 (R.A. NO.
8552)
Who may adopt:
1. Filipino Citizen:
a. of legal age
b. in a position to support and care for
his/her children in keeping with the
means of the family
c. good moral character
d. in possession of full civil capacity or
legal rights
e. at least 16 years older than the
adoptee, except when:
i. adopter is the biological parent of
the adoptee
ii. adopter is the spouse of the
adoptees parent
f. has not been convicted of any crime
involving moral turpitude
g. emotionally
and
psychologically
capable of caring for children
2. Alien:
a. same qualifications as a Filipino
b. country has diplomatic relations with
the Phil.
c. has been living in the Phil. for at least
three (3) continuous years prior to the
application for adoption and maintains
such residence until the adoption
decree is entered, except when
i. former Filipino citizen who seeks
to adopt a relative within the 4th
degree of consanguinity or affinity
ii. one who seeks to adopt the
legitimate or illegitimate child of
his/her Filipino spouse
iii. one who is married to a Filipino
citizen and seeks to adopt jointly
with his/her spouse a relative within
the 4th degree of consanguinity or
affinity of the Filipino spouse
d. certified to have legal capacity to adopt
by his/her diplomatic or consular office
e. certified by said office that his
government allows the adoptee to
enter his/her country as his/her
adopted child
1. Guardian with respect to the ward after
termination of the guardianship and
clearance
of
his/her
financial
accountabilities
Rule on Adoption by Spouses

GENERAL RULE: The husband and the wife


shall JOINTLY adopt.
EXCEPTIONS:
1. one spouse seeks to adopt the legitimate
child of the other
2. one spouse seeks to adopt his/her own
illegitimate child
3. the spouses are legally separated
Who may be adopted:
1. any person below 18 years of age who has
been voluntarily committed to the DSWD
under P.D. 603 or judicially declared
available for adoption
2. legitimate stepchild
3. illegitimate stepchild
4. qualified adult, who, prior to the adoption,
has been consistently considered by the
adopter as his/her own child since minority;
5. child whose adoption has been previously
rescinded
6. child whose biological or adoptive parents
have died, provided that no proceedings
shall be initiated within 6 months from the
time of death of said parents
Effects of Adoption: (SAL)
1. Severance of legal ties between the
biological parents and the adoptee and the
same shall be vested in the adopters.
EXCEPTION: if the biological parent is
the spouse of the adopter
2. Adoptee shall be considered as a legitimate
child of the adopter(s) for all intents and
purposes.
3. In legal or intestate succession, the
adoptee and the adopter(s) shall have
reciprocal rights of succession without
distinction from legitimate filiation. However, if
there is a will, the rules on testamentary
succession shall be followed.
Rescission of Adoption
Grounds: (ASAR)
1. attempt on the life of the adoptee
2. sexual assault or violence
3. abandonment and failure to comply with
parental obligations
4. repeated physical or verbal maltreatment
by the adopter
Note: The adopter can NOT rescind the decree
of the adoption but he or she may disinherit the
adoptee.
Effects:
1. Parental authority of adoptees biological
parents or legal custody of DSWD shall be
restored if adoptee is still a minor or
incapacitated.
2. Reciprocal rights and obligations of the
adopter(s) and the adoptee to each other shall
be extinguished.
3. The amended certificate of birth of the
adoptee shall be cancelled and its original
shall be restored.
4. Succession rights shall revert to its status
prior to the adoption, but vested rights shall
not be affected.

B. Inter-Country Adoption Act of 1995 (R.A.


No. 8043)
Inter-Country Adoption
The socio-legal process of adopting a Filipino
child by a foreigner or a Filipino citizen
permanently residing abroad where the petition
is filed, the supervised trial custody is
undertaken, and the decree of adoption is
issued outside the Philippines.
Who may be adopted:
1. Only a legally-free child may be the subject
of inter-country adoption
Legally-free Child - a child who has
been voluntarily or involuntarily committed
to the DSWD of the Philippines, in
accordance with the Child Youth and
Welfare Code.
2. No child shall be matched to a foreign
adoptive family unless it is satisfactorily shown
that the child cannot be adopted locally.
Who may adopt:
Any alien or Filipino citizen permanently
residing abroad may file an application for intercountry adoption of a Filipino child if he/she:
1. is at least 27 years of age and at least 16
years older than the child to be adopted, at
the time of the application unless the
adopter is the parent by nature of the child
to be adopted or the spouse of such parent
2. if married, his/her spouse must jointly file
for the adoption
3. has the capacity to act and assume all
rights and responsibilities of parental
authority under his national laws, and has
undergone the appropriate counselling from
an accredited counsellor in his/her country
4. has not been convicted of a crime involving
moral turpitude
5. is eligible to adopt under his/her national
law
6. is in a position to providethe proper care
and support and to give the necessary
moral values and example to all his
children, including the child to be adopted
7. agrees to uphold the basic rights of the
child as embodied under Philippine laws,
the U.N. Convention on the Rights of a
Child, and to abide by the rules and
regulations issued to implement the InterCountry Adoption Act
8. comes from a country with whom the
Philippines has diplomatic relations and
whose government maintains a similarly
authorized and accredited agency and that
adoption is allowed under his/her national
laws
9. possesses all the qualifications and none of
the disqualifications under the InterCountry Adoption Act and other applicable
Philippine laws
Inter-Country Adoption Board
acts as the central authority in matters relating
to inter-country adoption.
The Board shall ensure that all possibilities for
the adoption of the child under the Family Code

have been exhausted and that inter-country


adoption is in the best interest of the child.
Trial Custody: 6 months from the time of
placement
1. starts upon actual physical transfer of the
child to the applicant who, as actual custodian,
shall exercise substitute parental authority
over the person of the child.
2. the adopting parent(s) shall submit to the
governmental agency or authorized and
accredited agency, which shall in turn transmit
a copy to the Board, a progress report of the
childs adjustment.
If the pre-adoptive relationship is found
unsatisfactory by the child or the applicant or
both, or if the foreign adoption agency finds that
the continued placement of the child is not in
the childs best interest, said relationship shall
be suspended by the Board and the foreign
adoption agency shall arrange for the childs
temporary care.
If a satisfactory pre-adoptive relationship is
formed between the applicant and the child, the
Board shall submit the written consent to the
adoption to the foreign adoption agency within
30 days after receipt of the latters request.

Support shall be in proportion to the


resources or means of the giver and to the
necessities of the recipient.
Order of liability if several persons are
obliged to give support:
1. spouse
2. descendants in the nearest degree
3. ascendants in the nearest degree
4. brothers and sisters
When the obligation to give support falls
upon 2 or more persons payment shall be
divided between them in proportion to the
resources of each, but in case of urgent need
and special circumstances, the court may order
one of them to furnish the support provisionally
subject to the right to claim from the other
obligors the share due them
When two or more recipients at the same
time claim for support and the obligor does not
have sufficient means to satisfy all claims:
a) the order of liability provided by law shall
be followed
b) if the concurrent obligees should be the
spouse and child subject to parental
authority, the child shall be preferred
PARENTAL AUTHORITY (PA)

A copy of the final decree of adoption of the


child,
including
certificate
of
citizenship/naturalization whenever applicable,
shall be transmitted by the foreign adoption
agency to the Board within 1 month after its
issuance.
SUPPORT
everything indispensable for sustenance,
dwelling,
clothing,
medical
attendance,
education and transportation in keeping with the
financial capacity of the family
Kinds: (LJC)
1. Legal that which is required or given by
law
2. Judicial required by the court to be given
whether pendente lite or in a final judgment
3. Conventional given by agreement
Characteristics: (PIN-ERV)
1. Personal
2. Intransmissible
3. Not subject to waiver or compensation
4. Exempt from attachment or execution
5. Reciprocal on the part of those who are by
law bound to support each other
6. Variable
Persons obliged to support each other:
1. spouses
2. legitimate ascendants and descendants
3. parents and their legitimate children and
the legitimate and illegitimate children of the
latter
4. parents and their illegitimate children and
the legitimate and illegitimate children of the
latter
5. legitimate brothers and sisters whether full
or half-blood

Rules as to the exercise of PA:


1. The father and the mother shall JOINTLY
exercise parental authority over the persons
of their common children. In case of
disagreement, the fathers decision shall
prevail UNLESS there is a judicial order to the
contrary
2. If the child is illegitimate, parental authority
is with the mother.
Parental preference rule
the natural parents, who are of good character
and who can reasonably provide for the child
are ordinarily entitled to custody as against all
persons
Rule in case of legal separation of parents:
parental authority is exercised by the parent
designated by the court.
GENERAL RULE: No child under 7 years of
age shall be separated from the mother.
EXCEPTION:
When
the
court
finds
compelling reason to order otherwise.
Paramount consideration in matters of
custody of a child is the welfare and well-being
of the child. (Tonog vs. CA)
Persons Exercising Substitute PA:
1. surviving grandparent
2. oldest brother or sister over 21 years of age
unless unfit or disqualified
3. actual custodian unless unfit or disqualified
Persons Exercising Special PA:
1. school
2. administrators and teachers
3. individual, entity or institution engaged in
child care

Parental authority and responsibility are


inalienable and may not be transferred and
renounced except in cases authorized by law.
Parents may exercise parental authority over
their childs property
Kinds of Properties of a Minor
ADVENTITIOUS
PROFECTITIOUS
1. earned or acquired
1. property given by
by the child through
the parents to the child
his work or industry by for the latter to
onerous or gratuitous
administer
title
2. owned by the
2. owned by the child
parents
3. child is also the
3. parents are the
usufructuary, but the
usufructuary
childs use of the
4. property
property shall be
administered by the
secondary to the
child
collective daily needs
of the family
4. property
administered by the
parents
Termination of PA
PERMANENT
1. death of the parents
2. death of the child
3. emancipation of the
child
4. subjected child to
sexual abuse

TEMPORARY
1. adoption of the child
2. appointment of a
general guardian
3. judicial declaration
of abandonment
4. final judgment
divesting the parents
of parental authority
5. judicial declaration
of absence or incapacity of the parents
exercising parental
authority over the child

Grounds for suspension of PA (CHOBAN)


1.
conviction of a crime with the
penalty of civil interdiction
2.
harsh or cruel treatment against the
child
3.
orders, counsel and example which
are corrupting, given by the person exercising
authority
4. begging is compelled of the child
5. acts of lasciviousness, allowed for the child
to be subjected to, or himself subjects the child
to
6. negligence, which is culpable, committed by
the person exercising authority
ABSENCE
DECLARATION OF ABSENCE
WITHOUT
WITH
ADMINISTRATOR
ADMINISTRATOR
2 years from the lapse 5 years from the lapse
of time without news
of time without news
about the absentee or
about the absentee or
since the receipt of the since the receipt of the
last news
last news
PRESUMPTION OF DEATH
ORDINARY
EXTRAORDINARY/

ABSENCE
a. 7 YEARS, person
presumed dead for all
purposes except for
those
of
opening
succession
b. 10 YEARS, person
presumed dead for
purposes of opening
succession except if
he disappeared after
the age of 75, in which
case, a period of 5
years is sufficient
c. 4 YEARS, person
presumed dead for
purposes
of
remarriage
of
the
spouse present

QUALIFIED
ABSENCE
For
all
purposes
including
those
of
opening succession, a
period of 4 YEARS,
and for purposes of
remarriage
of
the
spouse present,
a
period of 2 YEARS, is
sufficient under the
following
circumstances:
a. person on board a
vessel lost during a
sea voyage or an
aeroplane which is
missing;
period
is
counted from the loss
of the vessel or
aeroplane
b. person in the armed
forces who has taken
part in war
c. person in danger of
death
under other
circumstances and his
existence has not been
known

PROPERTY
PROPERTY
Requisites: (USA):
1. utility
2. substantivity or individuality
3. appropriability
I.
A. IMMOVABLE PROPERTY
1. land, buildings, roads and constructions of
all kinds adhered to the soil;
2. trees, plants and growing fruits, while they
are attached to the land or form an integral
part of an immovable;
3. everything attached to an immovable in a
fixed manner in such a way that it cannot be
separated therefrom without breaking the
material or deterioration of the object;
4. statues, reliefs, paintings or other objects for
use or ornamentation, placed in buildings or
on lands by the owner of the immovable in
such a manner that it reveals the intention
to attach them permanently to the
tenements;
5. machinery, receptacles, instruments or
implements intended by the owner of the
tenement for an industry or works which
may be carried on in a building or on a
piece of land, and which tend directly to
meet the needs of the said industry or
works;
6. animal houses, pigeon-houses, beehives,
fishponds or breeding places of similar
nature, in case their owner has placed or
preserved them, with the intention to have
them permanently attached to the land, and

forming a permanent part of it; the animals


in those places are included;
7. fertilizer actually used on a piece of land;
8. mines, quarries and slag dumps, while the
matter thereof forms part of the bed, and
waters either running or stagnant;
9. docks and structures which, though floating,
are intended by their nature and object to
remain at a fixed place on a river, lake or
coast; and
10. contracts for public works, and servitudes
and other real rights over immovable
property.
Categories:
1. Real by nature it cannot be carried
from place to place ( pars. 1 & 8, Art.
415, Civil Code)
2. Real by incorporation attached to an
immovable in a fixed manner to be an
integral part thereof (pars. 1-3 Art. 415,
Civil Code)
3. Real by destination placed in a n
immovable for the utility it gives to the
activity carried thereon (pars. 4-7 and 9
Art. 415, Civil Code)
4. By analogy it is so classified by expres
provision of law (par. 10, Art. 415, Civil
Code)
B. MOVABLE PROPERTY
1. those movables susceptible of appropriation
which are not included in the preceding
article;
2. real property which by any special provision
of law is considered as personalty;
3. forces of nature which are brought under
control of science;
4. in general, all things which can be
transported from place to place without
impairment of the real property to which
they are fixed;
5. obligations and actions which have for their
object movables or demandable sums; and
6. shares of stock of agricultural, commercial
and industrial entities, although they have
real estate.
II.
A. PROPERTY OF PUBLIC DOMINION
Kinds:
1. Those intended for public use
2. Those which belong to the State,
without being for public use, and are
intended for some public service or for
the development of national wealth
Characteristics:
1. Outside the commerce of man except
for purposes of repairs
2. Not subject to prescription
3. Cannot be levied upon
4. Cannot be burdened by voluntary
easement
Cannot be alienated without being converted
to patrimonial property
B. PATRIMONIAL PROPERTY OF THE STATE
property of the State owned by it in its private
or proprietary capacity, or property not intended
for
public use, public service, or the
development of national wealth.

ESCHEAT: preferable right of the state to


the estate left vacant and without there
being any one in existence able to make
claim thereto.
C. PROPERTY OF LOCAL GOVERNMENT
UNITS (LGUs)
1. Property for public use consist of
roads, streets, squares, fountains, public
waters, promenades and public works
for public service paid for by the LGUs
2. Patrimonial Property all other property
possessed by LGUs without prejudice to
provisions of special laws
D. PROPERTY OF PRIVATE OWNERSHIP
refer to all property belonging to private
persons either individually or collectively
and those belonging to the State and any
of its political subdivisions which are
patrimonial in nature
OWNERSHIP
The independent and general right of a person
to control a thing in its possession, enjoyment,
disposition and recovery subject to no
restrictions except those validly imposed by the
State or by juridical transactions.
Rights included: (PUFACDV)
1. Jus possidendi or the right to possess
2. Jus utendi or the right to use and enjoy
3. Jus fruendi or the right to the fruits
4. Jus accessionis or the right to
accessories
5. Jus abutendi or the right to consume
6. Jus disponendi or the right to dispose or
alienate
7. Jus vindicandi or the right to vindicate
or recover
Characteristics:
1. General the owner may use the thing
owned in all its possibility subject to
restrictions
2. Independent can exist without any
other right
3. Elastic component rights can be
reduced or given to others
4. Abstract exists distinctly from its
constituent and component rights
5. Exclusive there can only be one
ownership at a time
Note: In co-ownership, there is only
one ownership, but it is shared
ownership.
6. Generally Perpetual ownership is
generally not limited as to lime unless
there is a stipulation to the contrary
Limitations:
1. General limitations imposed by the
State for its benefit
2. Specific limitations imposed by law
3. Limitations imposed by the party
transmitting the property either by
contract or by will
4. Limitations imposed by the owner
himself
5. Inherent limitations arising from conflict
with other rights
De Facto case of Eminent Domain

expropriation resulting from the actions of


nature. The owner loses his property in favor of
the state without any compensation.
Principle of Self-Help
right of the owner or lawful possessor to
exclude any person from the enjoyment and
disposal of the property by the use of such force
as may be necessary to repel or prevent actual
or threatened unlawful physical invasion or
usurpation of his property.
Requisites: (RONA)
1. reasonable force
2. owner or lawful possessor
3. no delay
4. actual or threatened physical invasion
or usurpation

GENERAL RULE: A person cannot interfere


with the right of ownership of another.
EXCEPTION:
Doctrine
of
Incomplete
Privilege (Art. 432)
Requisites: (ID)
1. Interference necessary
2. Damage to another much greater than
damage to property
LEGAL
REMEDIES
TO
RECOVER
POSSESSION OF ONES PROPERTY
1) Personal property: Replevin
REPLEVIN - provisional remedy when the
complaint prays for the recovery of the
possession of personal property.
2) Real Property:
a. FORCIBLE ENTRY - summary action to
recover material or physical possession of real
property when a person originally in possession
was deprived thereof by force, intimidation,
strategy, threat or stealth.
Defendants
possession is illegal ab initio.
b. UNLAWFUL DETAINER - action brought
when the possession by landlord, vendee,
vendee or other person of any land or building is
being unlawfully with held after the expiration or
termination of the right to hold possession. The
possession was originally lawful.
When complaints fail to constitute facts
needed as when it does not state how entry was
effected or how and when the dispossession
started, the remedy may either be:
a. ACCION PUBLICIANA - plenary action to
recover better right of possession.
b. ACCION REINVINDICATORIA - an action to
recover possession based on ownership, which
seeks the recovery of ownership.
2 Things that Must be Proved:
i. Identity of the Property
ii. Plaintiffs title to the property
HIDDEN TREASURE
any hidden or unknown deposit of money,
jewelry or other precious objects, the lawful
ownership of which does not appear.

GENERAL RULE: It belongs to the owner of


the land, building or other property on which it is
found.
EXCEPTIONS: The finder is entitled to if:
1. discovery was made on the property of
another, or of the State or any of its
political subdivisions;
2. discovery was made by chance; and
3. he is not a trespasser or agent of the
landowner.
If the treasure is scientifically or artistically
valuable, the finders half has to be given to the
state which in turn will give him a just price
therefor.
ACCESSION
the right of a property owner to everything
which is produced thereby, or which is
incorporated or attached thereto, either naturally
or artificially. It is not a mode of acquiring
ownership but a mere incident of which.
Classifications:
1. Accession Discreta (fruits) the right
pertaining to the owner of a thing over
everything produced thereby
a. natural fruits spontaneous products of
the soil and the young and other products
of animals
b. industrial fruits those produced by lands
of any kind through cultivation or labor
c.civil fruits rents of buildings, pice of
leases or lands and the amount of
perpetual or life annuities or other similar
income

GENERAL RULE: To the owner belongs the


natural, industrial, and civil fruits.
EXCEPTIONS: If the thing is: (PULA)
1. in possession of a possessor in good
faith;
2. subject to a usufruct;
3. leased or pledged; or
4. in possession of an antichretic creditor
2.
Accession
Continua
(attachment/
incorporation) right pertaining to the owner of
a thing over everything that is incorporated or
attached thereto either naturally or artificially
a. With respect to real property
i. accession industrial
- building, planting or sowing
ii. accession natural
- alluvium, avulsion, change of river
course, and formation of islands
b. With respect to personal property
i. adjunction or conjuction
ii. commixtion or confusion
iii specification
Basic Principles of Accession Continua:
1. Accessory follows the principal.
2. Union or incorporation must generally be
effected in such a manner that to separate
the principal from the accessory would
result in substantial injury to either.
3. He who is in good faith may be held
responsible but not penalized.
4. He who is in bad faith may be penalized.
5. No one shall unjustly enrich himself at the
expense of another.

6. Bad faith of one party neutralizes the bad


faith of the other so that they shall be
considered in good faith.
Right of Accession
Immovable Property

with

respect

to

1. Land Owner is the Builder, Planter or


Sower
Land Owner (LO) Owner of Materials
and Builder, Planter (OM)
or Sower (BPS)
A.
Good Faith
Good Faith
Acquire building etc. 1. Remove materials if
after
paying w/o injury to work or w/o
indemnity for value of plantings
or
materials
constructions
being
destroyed
2. Receive indemnity for
value of materials
B.
Bad Faith
Good Faith
Acquire after paying 1. Remove materials in
value of materials any event
and indemnity for
damages but subject 2. Be indemnified for
to the right of OM to damages
remove
C.
Good Faith
Bad Faith
Acquire w/o paying Lose materials w/o right
indemnity
to be indemnified
D.
Bad Faith
Bad Faith
Same as though both acted in good faith
(in pari delicto)
2. Land Owner is not the BPS
LO
BPS and OM
A.
Good Faith
Good Faith
LO has the option to:
In case LO exercises
1. sell the land to BP or (2), B has the right to
collect rent from S, retain until indemnity
unless the value of the is paid and cannot be
land is considerably required to pay rent
greater than building
etc., in which case, BP
shall pay rent under the
terms fixed by the
parties
2. acquire improvements after
paying
indemnity which could
either be:
a. original cost of
improvements
b. increase in the
value of the whole
B.
Good Faith
1. Option to:
a. acquire improvements w/o paying
indemnity and collect

Bad Faith
1. Lose them w/o right
to be indemnified
2. Recover necessary

damages
b. sell the land to BP
or rent it to S, and
collect damages in both
cases
c. order demo- lition
of work or restoration to
former condition and
collect damages in both
cases

expenses
for
preservation of land
3. Pay damages to LO

2.
Pay
necessary
expenses
for
preservation
C.
Bad Faith
Good Faith
1. LO must indemnify 1. Remove them in
BPS for improvements any event and/or
and pay damages
2. Be indemnified for
2. Cannot compel BPS damages
to buy land
C.
Bad Faith
Bad Faith
same as though both acted in good faith
(in pari delicto)
3. Land Owner, BPS, and OM are different
persons
LO
BPS
OM
A.
Good Faith
Good Faith
Good Faith
1.
Acquire 1. Right of 1. Collect value
improvements retention for of
materials
and
pay necessary
primarily
from
indemnity to and
useful BPS
and
BPS and be expenses
subsidiarily from
subsidiarily
LO if former is
liable to OM 2. Pay value insolvent
for value of of materials
materials
to OM
2. Remove only
if w/o injury
2. a. sell the
land to BP
except if its
value
is
considerably
more
b. rent to S
B.
Good Faith
Good Faith
Bad Faith
1. Option to:
1. Right of 1. Lose matea. acquire retention for rials w/o right to
improvenecessary
indemnity
ments
and and
useful
pay
indem- expenses
2. Pay damages
nity to BPS
b. i. Sell to 2.
Keep
BP except if building etc.
value of land w/o indemis
consider- nity to OM
ably
more; and
collect
then,
forced damages
lease
from him
ii. rent to
S
2.Without subsidiary liability
for cost of

materials
C.
Good Faith
1. Option to:
a. acquire
improvements
w/o
paying
indemnity
and collect
damages
b. demolition/restoration plus
damages
c. sell to
BP or collect
rent from S
plus damages

Bad Faith
1.
Recover
necessary
expenses for
land
preservation
2.
Loses
improvements
w/o
right
to
indemnity
from
LO
unless
LO
sells the land

Bad Faith
1.Recover value
from BPS (in
pari delicto)
2.
If
BPS
acquired
improvements,
remove
materials
if
possible
w/o
injury
3. No action
against LO
and may be
liable
for
damages

2. Pay necessary expenses


to BPS
D.
Bad Faith
Bad Faith
Bad Faith
same as though all acted in good faith
(in pari delicto)
E.
Bad Faith
Good Faith
Good Faith
1.
Acquire 1.
Remove 1.
Remove
improvements improvements materials
if
after
paying
possible
w/o
indemnity and 2. Be indem- injury
damages
to nified
for
BPS, unless damages
in 2. Collect value
the
latter any event
of
materials
decides
to
primarily from
remove
BPS;
subsidiarily
2.
Subsidiafrom LO
rily liable to
OM
for
materials
F.
Bad Faith
Bad Faith
Good Faith
1.
Acquire 1.
Right of 1. Collect value
improvements retention for of
materials
after
necessary
primarily form
indemnity;
expenses
BPS;
subidiarily
subsidiarily
liable to OM 2. Pay value from LO
for materials
of materials to
OM and pay 2.
Collect
2. a. sell to BP him damages
damages
except if value
of
land
is
3.
If
BPS
more
acquired
b. rent to S
improvements,
remove
materials
G.
Good Faith
Bad Faith
Good Faith
1. Option to:
1.
Recover 1. Collect value
a. acquire w/o necessary
of
materials
paying
expenses
and damages
indemnity and
from BPS
collect
2.
Loses
damages
improvements 2.
Remove
b. sell to BP or w/o right of materials in any
rent to S and indemnity
event if BPS

collect
damages
c. demolish/
restore
and
collect
damages

from
LO
unless
LO
sells the land

2.
Pay
necessary
expenses to
BPS
3. Subsidiarily
liable to OM
H.
Bad Faith
Acquire
improvements
and
pay
indemnity and
damages
to
BPS, unless
the
latter
decides
to
remove

Good Faith
1. Indemnity
for damages

Bad Faith
No indemnity;
loses materials

2.
Remove
improvements in any
event

It is the owner of the land who is allowed to


exercise the option because his right is older and
because by the principle of accession he is
entitled to the ownership of the accessory thing
(Depra vs Dumlao 135 SCRA 475)
ACCESSION NATURAL
1. Alluvion or alluvium increment which lands
abutting rivers gradually receive as a result of
the current of the waters
Requisites:
1. accumulation of the soil is gradual
and imperceptible
2. it is the result of the action of the water
of the river
3. land where the accretion takes place is
adjacent to the bank of the river
The owners of the lands adjoining the banks of
the river (riparian lands) shall own the accretion
which they gradually receive.
Accretion operates ipso jure. However, the
additional area is not covered by a Torrens title
and the riparian owner must register the
additional area.
2. Avulsion the removable of a considerable
quantity of soil from 1 estate and its annexation
to another by the perceptible action of water.
Alluvium
1.
gradual
and
imperceptible
2. soil cannot be
identified
3. belongs to the
owner of the property
to which it is attached
4. merely an attachment

Avulsion
1. sudden or abrupt
process
2. identifiable
and
verifiable
3. belongs to the
owner from whose
property
it
was
detached
4. detachment followed by attachment

Registration under the torrens system does


not protect the riparian owner against dimunition
of the area of his land through gradual changes
in the course of adjoining stream (Payatas vs
Tuazon).
3. Change of course of rivers
GENERAL RULE: Riverbeds abandoned
through natural change in the course of the
waters ipso facto belong to owners whose lands
are occupied by the new course in proportion to
areas lost.
EXCEPTION: Owners of land adjoining the
bed shall have the right to acquire the same by
paying the value thereof, which shall not exceed
the value of the area occupied by the new bed.
4. Formation of Islands
Rules on Ownership
a. If formed on the sea:
i. within territorial waters - State
ii. outside territorial waters - first
country to occupy
b. If formed on lakes, or navigable/floatable
rivers - State
c. If formed on non-navigable/floatable
rivers:
i. if nearer in margin to one bank owner of nearer margin is the sole
owner
ii. if equidistant - island shall be
divided longitudinally in halves
Right of Accession with respect to movable
property
1. Adjunction
process by virtue of which two movable things
belonging to different owners are united in such
a way that they form a single object and each of
the things united preserves its own nature.
Kinds:
a. inclusion or engraftment
b. soldadura or soldering
c. escritura or writing
d. pintura or painting
e. tejido or weaving
Tests to determine principal:
a. that to which the other has been united
as an ornament, or for its use or
perfection
b. that of greater value
c. that of greater volume
d. that which has greater merits
In painting, sculpture, writings, printed matter,
engraving and lithographs, the board, metal,
stone, canvass, paper or parchment shall be
deemed accessory.
When separation of things allowed:
a. separation without injury
b. accessory is more precious than the
principal
c. owner of the principal acted in bad
faith
ADJUNCTION IN BAD FAITH:
a. On the part of owner of accessory

i. shall lose the thing incorporated


ii. shall be liable for damages to the
owner of principal
b. On the part of owner of principal
i. owner of accessory may either
require him to pay the value of the
accessory thing or have the same
separated even if the principal thing be
destroyed.
ii. owner of accessory shall be
entitled to damages
c. On the part of both, they shall be
deemed to have acted in good faith
3. Mixture
combination or union of materials where the
respective identities of the component elements
are lost.
Kinds:
a. Commixtion mixture of solids
b. Confusion mixture of liquids
Rules:
a. If mixture is caused by one owner in
good faith, or by the will of both
owners, or by chance, or by a common
agent, CO-OWNERSHIP results.
b. If mixture is made by the owner in bad
faith, he loses his material in favor of
the other and he is liable for damages.
4. Specification
giving new form to anothers material through
application of labor (labor is the principal).
Rules:
1. If the worker is in good faith:
a.
he becomes the owner of the new
thing but
he must indemnify the
owner (also in good faith) of the
material for its value
EXCEPTION: if the material is more
precious or valuable than the new
thing, in which case, the owner has the
option to:
i. get the thing but pay for the
work
ii. demand indemnity for the
material
2. If the worker is in bad faith, owner of
the material has the option to:
a.
appropriate the work without
paying for it
b.
demand indemnity for materials
plus damages.
EXCEPTION: if the value of the
resultant work is more valuable for
artistic or scientific reasons

ADJUNCTION
1. Involves at
least 2 things

MIXTURE
Involves at
least 2
things

2. Accessory
follows the
principal
3. Things
joined retain
their nature

Coownership
results
Things
mixed or
confused
may either
retain or
lose their
respective
natures

SPECIFICATION
May involve one
thing (or more)
but form is
changed
Accessory follows
the principal
The new object
retains or
preserves the
nature of the
original object.

QUIETING OF TITLE
Requisites:
1. plaintiff must have a legal or equitable title
to, or interest in the real property which is
the subject matter of the action;
2. there must be a cloud in such title;
3. such cloud must be due to some instrument,
record, claim, encumbrance or proceeding
which is apparently valid but is in truth
invalid,
ineffective,
voidable
or
unenforceable, and is prejudicial to the
plaintiffs title; and
4. plaintiff must return to the defendant all
benefits he may have received from the
latter, or reimburse him for expenses that
may have redounded to his benefit.
Prescriptive Period:
1. plaintiff in possession imprescriptible
2. plaintiff not in possession 10 (ordinary) or
30 years (extraordinary)
CO-OWNERSHIP
form of ownership which exists whenever an
undivided thing or right belongs to different
persons
The share of the co-owners in the benefits and
charges arising from the co-ownership shall be
in proportion to their respective interesT, any
stipulation to the contrary shall be void.
Requisites:
1. There must be plurality of owners
2. Object of ownership must be a thing or right
which is undivided
3. The share of the co-owners in the benefits
and charges arising from the co-ownership
shall be in proportion to their respective
interesT, any stipulation to the contrary shall
be void.
Sources:
1. Law
2. Contract
3. Chance
4. Occupation
5. Succession
6. Testamentary
disposition
or
donation inter vivos
Co-ownership
1. Can be created
without the formalities
of a contract
2. Has no juridical or
legal personality

Partnership
Can be created only
by contract, express or
implied
Has
juridical
personality
distinct

3.
Purpose
is
collective enjoyment
of the thing
4.
Co-owner
can
dispose of his shares
without the consent of
the others with the
transferee
automatically
becoming a co-owner
5. There is no mutual
representation
6.
Distribution
of
profits
must
be
proportional to the
respective interests of
the co-owners
7. A co-ownership is
not dissolved by the
death or incapacity of
a co-owner
8. An agreement to
keep
the
thing
undivided for a period
of more than 10 years
is void

from the partners


Purpose is to obtain
profits
A
partner,
unless
authorized
cannot
dispose of his share
and substitute another
as a partner in his
place
A
partner
can
generally bind the
partnership
Distribution of profits is
subject
to
the
stipulation
of
the
parties
Death or incapacity
dissolves
the
partnership
There
may
be
agreement as to ant
definite term without
limit set by law

Rules:
1. Each co-owner has the right to use the
property for the purpose intended.
Limitations:
a. Interest of the co-ownership must not be
injured or prejudiced.
b. Other co-owners must not be prevented
from using it.
2. Each co-owner has full ownership of his
part, and his share of the fruits and benefits,
thus he may:
a. alienate, mortgage or assign such;
b. substitute another to its enjoyment
except when personal rights are
involved; and
c. exempt
himself
from
necessary
expenses and taxes by renouncing a
part of his interest in the co-ownership.
3. No co-owner shall be obliged to remain in
the co-ownership, thus he may demand
partition of the thing owned in common
insofar as his share is concerned.
4. No co-owner may acquire ownership of the
property co-owned by prescription EXCEPT
when he repudiates the co-ownership.
Rights of a Co-owner:
1. Acts of preservation may be made at the
will of one of the co-owners, but he must, if
practicable, first notify the others of the
necessity of such repairs.
2. Acts of administration can be performed
only with the concurrence of the majority.
3. Acts of alteration can be performed only
with the consent of the other co-owners.
Expenses for preservation of the thing are to
be shouldered by every co-owner in proportion
to their interest.
Co-owner has 2 options:

1. Pay for the necessary expenses or


taxes
2. Forfeit so much of his share equivalent
to his share in the expenses to the coowner who paid for the necessary
expenses
Repairs for preservation of the thing co-owned
may be made at the will of one of the coowners, but notice should be given to the other
co-owners if possible
Useful or ornamental expenses need to be
consented to by majority of the controlling
interest of the co-ownership.
Alteration
change which:
1. is more or less permanent
2. changes use of the thing
3. prejudices condition of the thing or its
enjoyment by others
In order to make alterations, the consent of all
co-owners is needed.
However, if the withholding of the consent by 1
or more of the creditors is clarly prejudicial to
the common interest, the court may intervene
and afford adequate relief.
EXTINGUISHMENT OF CO-OWNERSHIP
(CALSTEP)
1. consolidation or merger in one co-owner
2. acquisitive prescription in favor of a third
person or a co-owner who repudiates the
co-ownership
3. loss or destruction of property co-owned
4. sale of property co-owned
5. termination of period agreed upon by the
co-owners
6. expropriation
7. judicial or extra-judicial partition
PARTITION
the division between 2 or more persons of real
or personal property which they own in common
so that each may enjoy and possess his sole
estate to the exclusion of and without
interference from others
GENERAL RULE: Partition is demandable by
any of the co-owners as a matter of right at any
time.
EXCEPTIONS:
a)
When there is an agreement to
keep the thing undivided
Maximum period for such agreement
is 10 years
b)
when prohibited by the donor or
testator
Even though the testator or donor
prohibits partition, the ownership shall
terminate when:
i. any of the causes for which
partnership is dissolved takes
place; or
ii. the court finds compelling
reasons that division should be
ordered upon petition of one of
the co-heirs
c)
When prohibited by law unless
there is compelling reason to order partition

d)
When partition renders the thing
unserviceable
e)
When the legal nature of the
thing does not allow partition. E.g. Party wall
f)
When another co-owner has
possessed the property as exclusive owner
for a period sufficient to acquire it by
prescription.
CONDOMINIUM ACT (R.A. NO. 4726)
CONDOMINIUM
an interest in real property consisting of a
separate interest in a unit in a residential,
industrial or commercial building and an
undivided interest in common, directly or
indirectly, in the land on which it is located and
in other common areas of the building.
Any transfer or conveyance of a unit or an
apartment, office or store or other space therein,
shall include transfer or conveyance of the
undivided interest in the common areas or, in a
proper case, the membership or share holdings
in the condominium corporation: provided,
however, that where the common areas in the
condominium project are held by the owners of
separate units as co-owners thereof, no
condominium unit therein shall be conveyed or
transferred to persons other than Filipino
citizens or corporations at least 60% of the
capital stock of which belong to Filipino citizens,
except in cases of hereditary succession.

GENERAL RULE: Common areas shall


remain undivided, and there shall be no judicial
partition thereof:
EXCEPTIONS:
1.
When the project has not been rebuilt or
repaired substantially to its state prior to its
damage or destruction 3 years after damage or
destruction which rendered a material part
thereof unfit for use;
2.
When damage or destruction has
rendered or more of the units untenantable
and that the condominium owners holding more
than 30% interest in the common areas are
opposed to restoration of the projects;
3.
When the project has been in existence
for more than 50 years, that it is obsolete and
uneconomic, and the condominium owners
holding in aggregate more than 50% interest in
the common areas are opposed to restoration,
remodeling or modernizing;
4.
When the project or a material part
thereof has been condemned or expropriated
and the project is no longer viable, or that the
condominium owners holding in aggregate more
than 70% interest in the common areas are
opposed to the continuation of the condominium
regime;
5.
When conditions for partition by sale set
forth in the declaration of restrictions duly
registered have been met.
POSSESSION
the holding of a thing or the enjoyment of a
right.
Degrees:
1. possession without any title and in violation
of the right of the owner

2. possession with juridical title, but not in the


concept of owner
3. possession with just title, or a title which is
sufficient to transfer ownership, but not from
the true owner
4. possession with just title from the true owner
Classes:
1. in ones own name or in the name of
another
2. in the concept of an owner or of a holder
3. in good faith or in bad faith
Possession in good faith
Requisites:
1. Ostensible title or mode of acquisition
2. Vice or defect in the title
3. Possessor is ignorant of the vice or
defect and must have an honest belief
that the thing belongs to him
Effect of Good/Bad Faith
Good Faith
Bad Faith
1. As to fruits received
entitled to fruits while reimburse
fruits
possession is still in received or which
good faith
legitimate possessor
would have received
2. As to pending fruits
liable with legitimate shall have no right
possessor
for
expenses
of
cultivation and shall
share in net harvest
to time of possession
3. As to expenses
(Necessary Expenses)
right of reimburse- right of reimbursement and retention
ment only
(Useful Expenses)
limited to right of None
removal
(Ornamental Expenses)
not entitled to refund
not entitled to refund;
but
limite
d to
right
of
remo
val
4. Deterioration/Loss
no liability, unless always liable
due to his fault or
negligence
5. Prescription
Movables 4 years
Movables 8 years
Immovables 10 Immovables 30
years
years
Ways of acquisition:
1.
By the material occupation or the
exercise of a right
2.
By the subjection of the thing or right to
ones will
3.
By proper acts and legal formalities
established for acquiring right of possession
Loss of possession: (PA2RD)

1. Possession of another subject to the


provisions of Art. 537, if new possession
lasted longer than 1 year (real right to
possess is not lost until after the lapse of 10
years)
2. Abandonment
3. Assignment
4. Recovery of the thing by the legitimate
owner
5. Destruction or total loss of the thing
Rights of a possessor:
1. To be respected in his possession
2. To be protected in or restored to such
possession by legal means should he be
disturbed therein
3. To secure from competent court in an action
for forcible entry the proper writ to restore him in
possession.
Rules of preference:
1. present/actual possessor shall be preferred
2. if there are two possessors, the one longer
in possession
3. if the dates of possession are the same, the
one with a title
4. if all the above are equal, the fact of
possession shall be judicially determined,
and in the meantime, the thing shall be
placed in judicial deposit
USUFRUCT
gives a right to enjoy the property of another
with the obligation of preserving its form and
substance, unless the title constituting it or the
law otherwise provides.
Characteristics: (PRT2)
a. may be constituted on real or personal
property, consumable or non-consumable,
tangible or intangible, the ownership of which
is vested in another
b. real right
c. temporary duration
d. transmissible
3 Elements:
1. Essential the essential element of a
usufruct is that it is real but temporary right to
enjoy someone elses property.
2. Natural the natural element of a usufruct is
the obligation to preserve the form and
substance the property of another.
In an irregular or imperfect or abnormal
usufruct, this natural element is not
present.
3. Accidental the elements are those which
are the subject of stipulation.
Usufruct
1. Always a real right
2. Person creating the
usufruct should be the
owner or his duly
authorized agent
3. May be created by
law, by contract, by
will of the testator, or
by prescription
4. As a rule, usufruct
covers all the fruits

Lease
Generally a personal
right
Lessor may not be the
owner
Generally created by
contract
Lease generally refers
to uses only

and all the uses and


benefits of the entire
property
5. Involves a more or
less passive owner
who
allows
the
usufructuary to enjoy
the object given in
usufruct
6. Pays for ordinary
repairs and taxes on
the fruits

Lease involves a more


active owner or lessor
who makes the lessee
to enjoy
Lessee is not generally
under obligation to
undertake repairs or
pay taxes

Usufructuary
Rights:
1. Right to the fruits
2. Right to enjoy any increase in the
accession or any servitude
3. Right to alienate the right of usufruct
4. Right to recover
5. Right to make useful and ornamental
expenses
6. Right to any increase in the value due to
indispensable repairs made
Obligations:
1. Before the usufruct:
a. To make an inventory of the property
b. To give security
2. During the usufruct:
a. To take care of the property
b. To replace with the young thereof
animals that die or are lost in certain
cases when the usufruct is constituted
on flock or herd of livestock
c. To make ordinary repairs
d. To notify the owner of urgent extraordinary repairs
e. To permit works and improvements by
the naked owner not prejudicial to the
usufruct
f. To pay annual taxes and charges on the
fruits
g. To pay interest on taxes on capital paid
by the naked owner
h. To pay debts when the usufruct is
constituted on the whole patrimony
i. To secure the naked owners or courts
approval to collect credits in certain
cases
j. To notify the owner of any prejudicial act
committed by third persons
k. To pay for court expenses and costs
regarding usufruct.
3. At the termination of the usufruct:
a. To return the thing in usufruct to the
naked owner unless there is a right of
retention
b. To pay legal interest for the time that the
usufruct lasts
c. To indemnify the naked owner for any
losses due to his negligence or of his
transferees
Effect of failure to give security:
a) The owner may demand the following:
1. that the immovables be placed
under administration
2. that the movables be sold

3. that the public bonds, instruments of


credit payable to order or bearer be
converted
into
registered
certificates or deposited in a bank or
public institution
4. that the capital or sums in cash and
the proceeds of the sale of the
movable property be invested in
safe securities
b) The owner, if he so prefers, shall retain
possession of the property as administrator until
security is given
c) The usufructuary who has not given security
shall invest the capital collected at interest upon
agreement with the owner, in the default of the
agreement with judicial authorization
Exemption from obligation to give security:
1. when no one will be injured by the lack of
the bond
2. when donor reserved the usufruct of the
property donated
3. parents who are usufructuaries of their
unemancipated childrens property
4. usufructs subject to caucion juratoria
Caucion Juratoria the usufructuary, being
unable to file the required bond or security, files
a verified petition in the proper court asking for
the delivery of the house and furniture
necessary for himself and his family without any
bond or security.
LIMITATION: property cannot be alienated or
encumbered or leased because this would mean
that the usufructuary does not need it.
Extinguishment of Usufruct: (PT2DERM)
1. Prescription
2. Termination of right of the person
constituting the usufruct
3. Total loss of the thing
4. Death of the usufructuary, unless contrary
intention appears
5. Expiration of the period or fulfillment of the
resolutory condition
6. Renunciation of the usufructuary
7. Merger of the usufruct and ownership in the
same person
EASEMENT OR SERVITUDE
Encumbrance imposed upon an immovable for
the benefit of a community or one or more
persons or for the benefit of another immovable
belonging to a different owner.
All easements must originate in a grant or
agreement express or implied of the owner of
the servient estate or tenement.
Kinds:
1. Continuous Easements those the use of
which is, or may be, incessant without the
intervention of any act of man
2. Discontinuous Easements those which are
used at intervals and depend upon the acts
of man
3. Apparent Easements those which are
made known and are continually kept in
view by external signs that reveal the use
and enjoyment of the same

4. Non-apparent Easements those which


show no external indication of their
existence
5. Legal Easements easements imposed by
law which have for their object either public
use or interest of private persons
a. Public Legal Easements those for
public or communal use
b. Private Legal Easements those for the
interest of private persons or for private
use:
i) waters
ii) right of way
iii) party wall
iv) light and view
v) drainage
vi) intermediate distances
vii) against nuisance
viii) internal and adjacent support
Easement
1. Real right, whether
registered or not

2. Imposed only on
real property
3. There is a limited
right to the use of real
property of another but
without the right of
possession
Easement
1. Imposed only on
real property
2. Limited to particular
or specific use of the
servient estate
3. A non-possessory
right
over
an
immovable
4. Not extinguished by
the death of the
dominant owner

Lease
Real right only when it
is registered, or when
its subject matter is
real property and the
duration exceeds one
year
May involve either real
or personal
Limited right to both
the possession and
use
of
anothers
property
Usufruct
May involve either real
or personal property
Includes all the uses
and the fruits of the
property
Involves a right of
possession
in
an
immovable
or
immovable
Extinguished by the
death
of
the
usufructuary

Modes of Acquisition: (PDFAT)


1. by prescription of 10 years (continuous
and apparent easements)
2. by deed of recognition
3. by final judgment
4. by apparent sign established by the
owner of two adjoining estates
5. by title
Characteristics:
1. PERMANENCE:
once an easement is
established it continues even if it is not
actually used.
2. INSEPARABILITY: easement does not exist
independently of the immovable to which they
actively or passively belong.
3. INDIVISIBILITY: partition or division of an
estate does not divide the easement.
4. A REAL RIGHT: can be imposed only on real
property but will affect third persons only when
duly registered

5. Enjoyed over another immovable, never on


ones own property
6. Right limited by the needs of the dominant
owner or estate without possession
7. Doing of an act must be in relation to the
real easement.
Limitation on the servient owners rights of
ownership (therefore, it is not presumed).
Dominant Owner
Rights
1. To exercise all the rights necessary for
the use of the easement
2. To make on the servient estate all the
works necessary for the use and
preservation of the servitude
3. To renounce the easement if he desires
to exempt himself from contribution to
necessary epenses
4. To ask for mandatory injunction to
prevent impairment of his use of the
easement
Obligations:
1. Cannot render the easement or render
it more burdensome
2. Notify the servient owner of works
necessary for the use and preservation
of the servitude
3. Choose the most convenient time and
manner in making the necessary works
as to cause the least inconvenience to
the servient owner
4. Contribute to the necessary expenses if
there are several dominant estates
Servient Owner
Rights:
1. To retain ownership or the portion of the
estate on which the easement is
established
2. To make use of the easement, unless
there is agreement to the contrary
3. To change the place or manner of the
easement, provided it be equally
convenient
Obligations:
1. Cannot impair the use of the easement
2. Contribute to the necessary expenses in
case he uses the easement, unless
there is an agreement to the contrary
Extinguishment of Easements:
1. merger of ownership of the dominant
and servient estate
2. non-user
a. discontinuous: 10 years from
cessation of usage
b. continuous: 10 years from the
day on which act contrary to the
same took place
3. when either or both estates fall into such
a condition that the easement could not
be used
4. expiration of the term or fulfilment of the
condition
5. renunciation of the owner of the
dominant estate
6. redemption agreed upon
RIGHT OF WAY

Requisites:
1. Claimant must be an owner of enclosed
immovable or one with real right
2. There must be no adequate outlet to a
public highway
3. Right of way must be absolutely
necessary
4. Isolation must not be due to the
claimants own act
5. Easement must be established at the
point least prejudicial to the servient
estate
6. Payment of proper indemnity
PARTY WALL
a common wall which separates 2 estates
built by common agreement at the dividing line
such that it occupies a portion of both estates on
equal parts.
Party Wall
1. Shares of parties
cannot be physically
segregated but they
can
be
physically
identified

2. No limitation as to
use of the party wall
for exclusive benefit of
a party
3. Owner may free
himself
from
contributing to the cost
of
repairs
and
constructiobn of a
party
wall
by
renouncing
all
his
rights thereto

Co-ownership
Shares of the coowners can be divided
and
separated
physically but before
such division, a coowner cannot point to
any definite portion of
the
property
as
belonging to him
None of the co-owners
may
use
the
community
property
for
his
exclusive
benefit
Partial renunciation is
allowed

Maintenance of Party Wall


GENERAL RULE: Expense for repair and
maintenance of the party wall shall be
shouldered by the co-owners in proportion to the
right of each
EXCEPTIONS:
1. Expense may be shouldered by 1 coowner but the co-owner who does not
contribute must renounce his share in
the party wall
2. When the defects are caused by 1
owner, he shall pay for all the expenses
of the repair
Presumption of Party Wall
A party wall is presumed if a wall divides:
1. adjoining buildings
2. gardens or yards situated in cities,
towns or rural communities
3. rural lands
Presumptions may be rebutted if there is
contrary:
1. title
2. exterior signs:
a. window or opening in the
dividing wall

b. on 1 side, the wall is straight


and plumb on all its facement,
and on the other. It has similar
conditions on the upper part, but
the lower part slants or projects
outward
c. entire wall is built within the
boundary of one of the estates
d. the wall supports the building of
1 estate and not the other
e. dividing
wall
between
courtyards,
gardens,
and
tenements is constructed in
such a way that the coping
sheds the water upon only 1 of
the states
f. stepping stones on only 1 side
of the wall
g. 1 estate is enclosed but the
other is not
LIGHT AND VIEW
1. Easement of Light (jus luminum) - right to
admit light from the neighboring estate by virtue
of the opening of a window or the making of
certain openings.
Requisites:
a. opening must not be greater than 30
centimeters squared, made on the
ceiling or on the wall; and
b. there must be an iron grating
2. Easement of view (jus prospectus) the right
to make openings or windows, to enjoy the view
through the estate of another and the power to
prevent all constructions or work which would
obstruct such view or make the same difficult. It
necessarily includes easement of light
Minimum Distances:
1. Direct view minimum distance of 2 meters
from the wall of the opening and the contiguous
property
2. Oblique view minimum distance of 60
centimeters from the wall of the opening and the
contiguous property
Prescriptive period to acquire easement of
light and view; reckoning point:
1. Positive; if easement made through a party
wall: Start counting from the time of the opening
of the window.
2. Negative; if made through the wall of the
dominant estate: Start counting from the time of
formal prohibition.
NUISANCE
Any act, omission, establishment, business or
condition of property or anything else which:
(ISAHO)
1. Injures/endangers the health or safety of
others;
2. Shocks, defies or disregards decency or
morality;
3. Annoys or offends the senses;
4. Hinders or impairs the use of property;
or
5. Obstructs or interferes with the free
passage to any public highway or street,
or body of water.
Classes:

1. Per se nuisance at all times and under


all circumstances regardless of location
and surrounding.
2. Per accidens nuisance by reason of
circumstances,
location,
or
surroundings.
3. Public affects the community or a
considerable number of persons.
4. Private affects only a person or a
small number of persons.

5. catching of swarm of bees that has


escaped from its owner, under certain
conditions
6. catching of domesticated animals that
have escaped from their owners, under
certain conditions
7. catching of pigeons without fraud or
artifice
8. transfer of fish to another breeding
place without fraud or artifice

Doctrine of Attractive Nuisance: One who


maintains
on
his
premises
dangerous
instrumentalities or appliances of a character
likely to attract children in play and who fails to
exercise ordinary care to prevent children from
playing therewith or resorting thereto is liable to
a child of tender years who is injured thereby,
even if the child is technically a trespasser in
the premises.

MODES
OF
ACQUIRING
OWNERSHIP
(PISTOLD)
1. Prescription
2. Intellectual creation
3. Testate and Intestate Succession
4. Tradition
5. Occupation
6. Law
7. Donation

TRADITION/DELIVERY
a mode of acquiring ownership as a
consequence of certain contracts, by virtue of
which, the object is placed in the control and
possession of the transferee, actually or
constructively.
Kinds:
1. Real Tradition - actual delivery
2. Constructive Tradition
a. traditio symbolica parties
make use of a token or symbol
to represent the thing delivered
b. traditio longa manu by mere
consent of the parties if the
thing sold cannot be transferred
to the possession of the vendee
at the time of the sale
c. traditio brevi manu when the
vendee already has possession
of the thing sold by virtue of
another title
d. traditio constitutum possessorium when the vendor
continues in possession of the
thing sold not as owner but in
some other capacity
3. Quasi-tradition exercise of the right of
the grantee with the consent of the
grantor
4. Tradicion por ministerio de la ley
delivery by operation of law
5. Tradition by public instrument
Requisites:
1. right transmitted should have previously
existed in the patrimony of the grantor
2. transmission should be by just title
3. grantor and grantee should have
intention and capacity to transmit and
acquire
4. transmission should be manifested by
some act which should be physical,
symbolical or legal

OCCUPATION
Requisites:
1. there must be seizure of a thing
2. the thing seized must be corporeal
personal property
3. the thing must be susceptible of
appropriation by nature
4. the thing must be without an owner
5. there must be an intention to
appropriate
Specific instances:
1. hunting and fishing
2. finding of movables which do not have
an owner
3. finding of abandoned movables
4. finding of hidden treasure

DONATION
an act of liberality whereby a person disposes
gratuitously of a thing or right in favor of another
who accepts it
Requisites:
1. donor must have capacity to make the
donation
2. he must have donative intent (animus
donandi)
3. there must be delivery
4. donee must accept or consent to the
donation
Classification:
1. As to effectivity:
a. inter vivos
b. mortis causa

Remedies against public nuisance: (PCE)


1. Prosecution under the RPC or local
ordinance
2. Civil Action
3. Extrajudicial Abatement
Remedies against private nuisance: (CE)
1. Civil Action
2. Extrajudicial Abatement
Extrajudicial Abatement
Requisites:
1. nuisance must be specially injurious to
the person affected;
2. no breach of peace or unnecessary
injury must be committed;
3. prior demand;
4. prior demand has been rejected;
5. approval by district health officer and
assistance of local police; and
6. value of destruction does not exceed
P3,000.

c. propter nuptias
2. As to perfection/extinguishment:
a. pure
b. with a condition
c. with a term
3. As to consideration:
a. simple - gratuitous
b. remuneratory or compensatory made
on account of donees merits
c. modal imposes upon the donee a
burden which is less than the value of
the thing donated
Donation Inter Vivos
1.
Takes
effect
independently of the
donors death
2. Title conveyed to
the donee before the
donors death
3. Valid if donor
survives donee
4. Generally irrevocable during donors
lifetime
5. Must comply with
the
formalities
required by Arts. 748
and 749 of the Code

Donation Mortis Causa


Takes effect upon the
death of the donor
Title conveyed
donors death

upon

Void if donor survives


donee
Always revocable
Must comply with the
formalities required by
law for the execution
Of wills

Donations prohibited by law:


1. Made by persons guilty of adultery or
concubinage at the time of donation;
2. Made between persons found guilty of the
same criminal offense in consideration thereof;
3. Made to a public officer or his/her spouse,
descendants or ascendants in consideration of
his/her office;
4. Made to the priest who heard the confession
of the donor during the latters last illness, or the
minister of the gospel who extended spiritual aid
to him during the same period;
5. Made to relatives of such priest, etc. within
the 4th degree, or to the church to which such
priest belongs;
6. Made by a ward to the guardian before the
approval of accounts;
7. Made to an attesting witness to the
execution of donation, if there is any, or to the
spouse, parents, or children, or anyone claiming
under them.
8. Made to a physician, surgeon, nurse, health
officer or druggist who took care of the donor
during his/her last illness;
9. Made by individuals, associations or
corporations not permitted by law to make
donations; and
10. Made by spouses to each other during the
marriage or to persons of whom the other
spouse is a presumptive heir.
Forms of donations:
1. Donations of movable property:
a. With simultaneous delivery of property
donated:
i.
it may be oral/written P5,000 or
less;
ii.
if value exceeds P5,000 written in
public or private document
b. Without simultaneous delivery:

i. the donation and acceptance must be


written in a public or private
instrument, regardless of value
2. Donation of immovable property:
a. must be in a public instrument
specifying the property donated and the
burdens assumed by donee, regardless
of value
b. acceptance must be either:
i.
in the same instrument; or
ii.
in another public instrument,
notified to the donor in authentic
form, and noted in both deeds
Expression of gratitude to the donor without
express acceptance was held a sufficient
acceptance (Cuevas vs Cuevas)
LIMITATIONS ON DONATION OF PROPERTY
1. Donation cannot comprehend future property
2. Donation should not be inofficious
3. Donation should not prejudice creditors
4. Donee must reserve sufficient means for his
support and for his relatives which are entitled
to be supported by him.
LIABILITY OF DONEE TO PAY DEBTS OF
THE DONOR
When donor imposes obligation upon the
donee.
Limitations:
1. Liable to pay only debts previously
contracted
2. Liable for subsequent debts only when there
is stipulation to that effect
3. Not liable for debts in excess of the value of
donation received
When there is no stipulation regarding
payment of debts:
GENERAL RULE: Not liable
EXCEPTION: Liable if donation has been
made in fraud of creditors
REVOCATION/REDUCTION OF DONATIONS
1.
The
basis
of
revocation or reduction is the value of the whole
estate of the donor at the time of birth,
appearance or adoption of a child.
2. In inofficious donations (Art. 771), the basis is
at the time of the death of the donor.
ACTS OF INGRATITUDE
1. If the donee should commit some offense
against the person, honor or property of the
donor, or of his wife or children under his
parental authority
2. If the donee imputes to the donor any
criminal offense, or any act involving moral
turpitude, even though he should prove it,
unless the crime or act has been committed
against the donee himself, his wife or children
under his authority
3. Refusal to support the donor

PRESCRIPTION
PRESCRIPTION
Kinds:

1. Acquisitive prescription - one acquires


ownership and other real rights through the
lapse of time in the manner and under the
conditions laid down by law.
a. Ordinary
acquisitive
prescription:
requires possession of things in good
faith and with just title for the time fixed
by law
b. Extraordinary acquisitive prescription:
acquisition of ownership and other real
rights without need of title or of good
faith or any other condition
2. Extinctive Prescription rights and actions
are lost through the lapse of time in the manner
and under the conditions laid down by law.
Prescriptive Periods
Movables
Immovables
1. Good Faith
4 years
10 years
2. Bad Faith
8 years
30 years
Persons Against Whom Prescription Does
not Run:
1. Minors and other incapacitated persons
who have no parents, guardians or other
legal representatives
2. Absentees who have no administrators
3. Persons living abroad who have no
managers or administrators
4. The State and its subdivisions, except
as regards patrimonial property
5. Between husband and wife, except as
regards
legal
separations
and
annulment of fraudulent alienations
6. Between parents and children, during
the minority or insanity of the latter
7. Between guardian and ward during the
continuance of the guardianship
PRESCRIPTION OF ACTIONS
A. Imprescriptible Actions
1. To demand right of way
2. To bring an action for abatement of
public nuisance
3. To quiet title
4. To demand partition in co-ownership
5. To enforce a trust
6. Probate of a will
7. To declare an inexistent or void contract
8. To recover possession of registered land
under the Land Registration Act by the
registered owner
B. Actions that Prescribe in 30 Years
1. Real actions over immovables (but not
foreclosure), without prejudice to the
4. Action to impugn legitimacy of a child if
the husband or his heirs reside abroad
I. Actions that prescribe in 2 years
1. Action to impugn legitimacy of a child if
the husband or his heirs are not residing
in the city or municipality of birth

acquisition of ownership or real rights by


acquisitive prescription
C. Actions that prescribe in 10 years
1. Actions upon a written contract
2. Actions upon an obligation created by
law
3. Actions upon a judgment from the time
judgment becomes final
4. Actions among co-heirs to enforce
warranty against eviction in partition
5. Mortgage action
D. Actions that prescribe in 8 years
1. Action to recover movables without
prejudice to acquisition of title for a shorter
period or to the possessors title under Arts.
559, 1505 and 1133
E. Actions that prescribe in 6 years
1.
Actions upon an oral (verbal) contract
2.
Actions upon a quasi-contract
F. Actions that prescribe in 5 years
1. Action for annulment of marriages
(except on the ground of insanity) and
for legal separation counted from the
occurrence of the cause
2. Actions against the co-heirs for warranty
of solvency the debtor in credits
assigned in partition
3. Action for the declaration of the
incapacity of an heir (devisee or
legatee) to succeed)
4. All other actions whose periods are not
fixed by law, counted from the time the
right of action accrues
G. Actions that prescribe in 4 years
1. Action to revoke donations due to noncompliance of conditions
2. Action to rescind partition of deceaseds
estate on account of lesion
3. Action to claim rescission of contracts
4. Annulment of contracts for vice of
consent
5. Actions upon a quasi-delict
6. Action to revoke or reduce donations
based on birth, appearance or adoption of a
child
7. Actions upon an injury to the rights of
the plaintiff (not arising from contract)
H. Actions that prescribe in 3 years
1. Actions under the 8-hour labor law
2. Action to recover losses in gambling
3. Money claims as consequence of
employer-employee controversies

J. Actions that prescribe in 1 year


1. Action to impugn legitimacy of a child if
the husband or his heirs reside in the
city or municipality of birth
2. Forcible Entry and Unlawful Detainer
3. DefamationRevocation of donations on
the ground of ingratitude
4. Rescission or for damages if immovable
is sold with non-apparent burdens or
servitudes

5. Action for warranty of solvency in


assignment of credits
6. Actions for loss or damage to goods
under the COGSA
K. Actions that prescribe in 6 months
1. Actions for warranty against hidden
defects or encumbrances over the thing
sold
L. Actions that prescribe in 40 days
1. Redhibitory action based on faults or
defects of animals sold