CIVIL LAW REVIEW 1 RECIT QUESTIONS (Atty.

Delson)
Persons and Family Relations
Art. 2

(Effectivity of Laws)
Must senate rules be published?
Is posting on the internet equivalent to publication?
Who are citizens of the Philippines?
What is personal law? NATIONALITY RULE is followed in the Philippines. This means
that the PERSONAL LAW of a person is his NATIONAL LAW.

Art. 4 (Retroactivity of Laws)

Exceptions to retroactivity of laws.
Does the Family Code have retroactive effect? YES, except if it will prejudice or
impair vested rights.
Example in which the retroactivity of the Family Code will not apply? Not sure but
classification of children into legitimate and illegitimate.
When is a law favorable to the accused? When it provides for a lesser penalty or
eliminates the offense.
What if the accused had already SERVED SENTENCE, may the law be applied
retroactively to him? Yes, for accessory penalties attached to him.
Art. 36 (Prejudicial Question)
Requisites of prejudicial question (PQ)
What issues are involved? Factual or legal?
Why is there a need to suspend the criminal case? To avoid conflicting decisions.
Is there a PQ between a 2 civil cases? No.
Between two admin cases? No.
Between an admin case and a civil case? No. However, the court may suspend the
civil case if the resolution of the admin case determines his liability in the civil case.
This is almost same as that of a PQ but not a PQ. PQ involves STRICTLY one civil
case and one criminal case.
In determining whether or not the validity of a marriage is a PQ to a bigamy case
depends on (1) the marriage being attacked (first or second marriage) and (2)
whether or not the marriage being assailed is void or voidable.
Regardless of the result of the first marriage, no PQ exists because the parties
cannot determine for themselves the legality of their marriage.
If what is being questioned is the second marriage, the accused in the bigamy case
should be the one questioning its validity and only on the ground of vitiated consent.
Art. 6

(Waiver of Rights)
Requisites of a valid waiver.
When waiver is not allowed.
Example of waiver that is contrary to public order? When you were not able to pay
your rent and the landlord seizes your belongings and locks the house.
READ: Cui v. Arellano

Art. 13 (Counting of Period)

Rules when something that needs to be done falls on a holiday.

What if 2015 is a leap year, how would you count the 1-year period? 12 calendar
months not necessarily 365 days as held in the case of PRIMETOWN v. CIR
What if it is a holiday in the place where the pleading needs to be filed but is not a
holiday somewhere else? Follow the dates in the place where it is to be filed. So you
need to submit it on the next working day.
Why is there a need to exclude the first day and include the last day in computing
the period? To avoid confusion.

Art. 19 (Abuse of Rights)

The purpose of the provisions on human relations is to regulate relations of persons
in the community.
Art. 19 provides for the limitations in the exercise of ones rights. Once a person does
not comply with the same, he will be held liable for DAMAGES. If he complied with
the same, DAMNUM ABSQUE INJURIA.
Rules on Breach of Promise to Marry.
Why is a mere promise to marry not actionable? Cannot compel a person to marry.

What is an independent civil action (No more discussion and recit on this one. Just
study the rules on independent civil actions).
READ: Ching v. CA, Mercado v. Tan, People v. Morigo, People v. Veneracion

FAMILY CODE

Why is marriage a special contract?

How is it different from an ordinary contract?
Why is it permanent?
Who is a man
Take note of Silverio case. In this case, the SC did not allow the person to change his
genderin his birth certificate from male to female. But prior to Silverio, the courts
allwed the same.
Take note also of Cagandahan case. The court allowed here a change of name (from
a female persons name to a male persons name). I think the person here is a
hermaphrodite. The court said that ones gender is dependent on the manifestations
later on in the persons life and his choice of the same.
Is same-sex marriage between Filipinos here celebrated abroad valid in the Phil? No,
Art. 15.
Requisites for a valid marriage?
Why is Art. 36 not included in Art. 5? Because psychological incapacity is RELATIVE.
Insanity is different from psychological incapacity.
Rules on parental consent and advice as well as effects of not being able to obtain
consent and advice.
Can there be DEFECT in LEGAL CAPACITY? No. There can only be defect on
CONSENT.
Where must the parties apply for a marriage license?
What if the woman lives in Pasay and the other in Bulacan, must the woman apply
for a marriage license in Pasay and the man apply simultaneously in Bulacan? No.
Apply only in one place.
Art. 18 and 20

What if marriage took place on the 125th day from issuance of marriage license?
VOID.
What if marriage license was fake? VOID.
Exemptions from marriage license requirement.
What are the reasons for these exemptions?
May a judge solemnize a marriage in articulo mortis? Yes, even a priest can do the
same.
When is a person deemed to be at point of death as opposed to danger of death?
When must you start counting the 5-year period of cohabitation? For example, A and
B started living together in 2008 while B is still married to W. in 2012, W died. Can
they get married in 2014? Yes. The 5-year period must be counted from 2008
despite the impediment because the law provides that there MUST BE NO LEGAL
IMPEDIMENT AT THE TIME OF MARRIAGE.
For those having the authority to solemnize a marriage, what if one of the conditions
are lacking? For example, a military commander solemnizes a marriage not in
articulo mortis or not in the zone of military operation? What if the pilot solemnized a
marriage not in articulo mortis? Valid or not? Sir believes that the marriage is VOID
because it is only upon presence of these conditions can the person be deemed to
have the authority to solemnize a marriage but an OBITER DICTUM was enunciated
by the courts in Navarro case in which the lack of these conditions is a mere
IRREGULARITY thereby not affecting the validity of the marriage.
Marriage ceremony.
Why must the parties personally appear before a solemnizing officer? To manifest
their consent.
Is the marriage certificate a formal requisite of marriage? No, merely an evidence of
its existence.
Void marriages.
What are the exceptions under paragraph 1 of Art. 35? Marriage between foreigners
because they are governed by their personal law, muslim marriages (capacity to
marry is 15 years old).
Is the ground under Art. 35 (2) applicable to a mistake of fact or mistake of law?
Covers both.
Is a summary proceeding for declaration of presumptive death necessary for the
validity of the subsequent marriage?
Art. 43
When do we say that a spouse if guilty?
What do you mean by mistake in identity?
What is a psychological incapacity?
Molina case juridical antecedence, gravity, incurability.
Is narcissistic personality disorder psychologically incapacity? Yes.
Psychological incapacity CASE TO CASE BASIS.
Art. 37
Art. 38
What are the other void marriages? 40, 44, 53
Distinctions between void and voidable marriages?
Effects of void, voidable, and legal separation.
Grounds for voidable and legal separation.
Grounds for denial of a decree of legal separation?
Can they reconcile?
Cooling-off period?

Rights and obligations of husband and wife.

DISCUSSION BASED ON QUIZZES:

Adopted child and parents by nature remain to be heirs of each other in intestate
succession because what is merely severed is parental authority over the child.
The use of natural mothers surname of the adopted is to trace the maternal line for
successional rights.
A recognized illegitimate child can use the mothers surname is the childs middle
name. The rule on a child not having a middle name applies ONLY to unrecognized
children.
Change of ones name can only be done ONCE.
Change of sex can be done administratively if it is clearly a CLERICAL ERROR.
Guilty spouse must continue using the husbands surname.
If A is a Filipino and B is a Chinese and got married, their property regime is still
ABSOLUTE COMMUNITY.
There is a need to have complete separation of property between the spouses (in
case the previous spouse died and the present spouse contracted a subsequent
marriage without liquidating the properties of the first marriage) to not commingle
the properties of the first marriage to that of the second.
There is NO delivery of presumptive legitimes in legal separation.
Even if one of the spouses abandons the other, the property regime will still be held
liable for the latters hospitalization expenses. The rule that the spouse will not be
anymore supported is applicable in de facto separation between the spouses.
Obligations incurred (family home) cannot be given retroactive effect. For it to be
given retroactive effect, the family home must have been recognized as a family
home prior to the effectivity of the Code.
A child cannot impugn his legitimacy. Only the father and the heirs. The latter may
be legitimate or illegitimate.
Presumption of legitimacy is QUASI-CONCLUSIVE.
An illegitimate child can disprove his filiation but a legitimate child cannot. This can
be done through filing of an action for correction of entry.
A husband may impugn the legitimacy of the child of the paramour.
Baptismal certificate is insufficient (cant remember to prove what ito) even if
supported by the testimony of the priest who officiated it.
Sibling may adopt another sibling.
Grandparents can adopt grandchildren.
Common-law spouses can adopt their common child jointly.
Death of adoptive parents will not restore parental authority to the parents by
nature. The State will take the child.
Father does not enjoy preference in custody with respect to his illegitimate child.
Parental authority does not include visitation rights. Thus, even if one is convicted for
a crime which carries with it civil interdiction, the parents may still be GRANTED
visitation rights.
Property
Art. 414
What is property? (Take note of requisites)
Is the human body property?
How about the dead body?
Artificial limb? Not property.

Is license to operate a cockpit property? No, such license cannot be transferred to

another person because it is a mere privilege granted by the state.
Is drivers license property? The card itself is property but the privilege granted by
the State is NOT property.
Classification of property?

Art. 415
What is an immovable property? Cannot be transported from one place to another.
Take note of classification by nature, destination, incorporation and by provision of
law.
If the parties agreed that a real property be considered as personal property, what
rules on foreclosure will apply? Foreclosure of real property and not foreclosure of
personal property because the agreement is binding ONLY BETWEEN THE PARTIES.
Engaging in foreclosure involves THIRD PERSONS who are not bound by the
agreement.
What real property if removed (in relation to paragraph 3), remains to be real
property? TIMBER.
Are the POSTS of MERALCO personal or real? PERSONAL.
How about water pumps? PERSONAL (Yap v. Tanada).
In paragraph 4, must the one be the owner of the painting to make it immovable?
Yes, the person must have the legal right to place it therein.
Animals OUTSIDE of the animal house are PERSONAL property if not taken together
with the animal house.
Art.416
Is interest in a partnership whose property is only a parcel of land, real or
personal property?
Is interest of a co-owner in a parcel of land real or personal property?
Art. 417
Demandable sums of money does it include obligation to pay money one month
from now? demandable = liquidated and determined.
Art. 419
Why is it important to classify the properties of the state?
Are reclaimed lands public or private? Public.
Read: Rabuco v. Villegas and Laurel v. Garcia
Art. 427
What is ownership?
What are the rights of an owner?
What are the limitations to the right of ownership?
What are the characteristics of ownership?
Actions to recover property, when must it be filed and where (accion publiciana,
reinvindicatoria, interdictal, replevin, and injunction)
Art. 429
Requisites of the exercise of the doctrine of self-help.
Read: German case
Exception to self-help? Art. 432.

Art. 437
Extent of the rights of an owner over his land?
Exception to such rights? Regalian doctrine, easements, special laws.
Art. 438-439
What is Hidden Treasure?
lawful ownership is different from lawful owner. Lawful ownership means that no
one appears to be the owner of the property depending on the circumstances of the
finding.
Art. 440
What is accession?
Different kinds of accession?
READ: Province of Davao case, Mindanao Bus Co. case
(Atty. Delson conducted a LECTURE on the rules of accession )
Art. 476
What is quieting of title?
Art. 482
Rules on trees and ruinous buildings on danger of falling.
Art. 484-501
What is co-ownership?
What are the elements of co-ownership?
Rights of a co-owner?
Limitations as to the right of the co-owner to make use of the thing owned in
common.
Acts of alteration, administration, and preservation.
(On SPECIAL PROPERTIES, study WATER CODE. He asked about the waters that belong to
the state, the principles under the Water Code, the different uses domestic, municipal,
etc. as well as rules on water permits. Also, he asked why these properties are SPECIAL, the
answer is that it is governed by SPECIAL LAWS. With respect to POSSESSION, sir merely
asked the one reciting to discuss anything he knows on the matter.)
The following tips and discussions are based on the answers for the quiz so halo-halo na ito:
Modal donations in which there is an impossible condition imposed upon the same is
partly void and partly valid.
A minor can be a donee. This is only VOIDABLE.
A wife can donate to her husbands paramour. This is a VALID donation.
Parties may agree that the debt to paid by the donee is MORE than the value of the
property.
An easement of intrusion is a POSITIVE easement.
Easement of right of way cannot be acquired by prescription because it is
DISCONTINUOUS.
Right to claim legal easement DOES NOT PRESCRIBE.
Fruits falling naturally on the land of another belong to him by OPERATION of LAW
and not by accretion.

Right of way may be apparent/non-apparent.

Light and view is ALWAYS apparent.
Light without view can be apparent/non-apparent. Light without view pertains to
those openings made just below the ceiling joists.
Parents exercising powers of administration over the property of their children is NOT
usufruct because the fruits are still being used for the child.
Ordinary repairs are being paid by the usufructuary.
Why is there a need to pay for legal interests on the part of the usufructuary if the
owner makes extraordinary repairs? It is an additional capital not contemplated at
the time of the existence of the usufruct.
Easement of natural drainage pertains to those waters falling naturally on the land of
another from the higher estates.
Aqueducts are apparent easements.

Wills and Succession

Art. 774 to 782 (General Provisions)
What is succession?
Who is a decedent? Can he be a natural and/or juridical person? No, a decedent
can only be a natural person.
Who can be an heir?
Can an unborn child be a legatee? Yes, considered born for all purposes favorable to
it.
Can a child be a decedent? No, personality of the child is merely provisional.
What is inheritance?
Are accretions part of the inheritance? Yes.
Example of proprietary rights that can be transmitted? Right to receive support (?)
What is the causal element of succession?
What is the mode of acquiring ownership? Death or succession?
Rules on presumptive death.
What happens if the person presumed to be dead returns after property was
distributed? Look into sec. 4, rule 73 of the rules of court.
Art. 783-819
What is a will?
Characteristics of a will?
Can it be probated during ones lifetime?
Can it be revoked after probate? Yes, during lifetime and even prior to partition.
Why is it that Art. 786 is allowed? Because the testamentary act is already
COMPLETED. You had already complied with the intent of the testator (which was
already complete) once you distribute the properties to those designated by the third
person.
Sir also asked the one reciting to give rules on construing wills.
Then, he will ask you to give a formal requirement of a will then he will ask questions
pertaining to it.
IN WRITING:
Can it be written in any material? Paper, wall etc.?
Does it have to be written by the testator himself? It depends. If it is notarial,
need not be in his handwriting. It can even be typewritten and the mechanical act

may be done by another person. But in holographic wills, it must entirely dated,
signed, and written by the testator himself.
LANGUAGE/DIALECT KNOWN TO THE TESTATOR:
What if the testator knows only English, but half of the will was written in
Japanese and the other half was written in English. Is the will valid? No, it is not
valid.
Why not apply the rules on Art. 792 that you will only invalidate the provisions
not in English while the rest remains to be valid? Art. 792 is ONLY applicable for
interpretation of the contents of the will and not on the formalities for its
execution. Aside from that, the fact that half of the will was written in Japanese
means that the testator may not have made such part of the will.
What if the testamentary provision is in English, but the word house was in
Japanese. This Japanese word was used by the testator after looking for its
meaning in the dictionary. Will it affect the validity of the will? No, so long as
evidence can be presented that the testator understood the same, it remains to
be valid.
SIGNATURE:
The signature must be proven to have been customarily used by the testator.
What if the third person signing in behalf of the testator wrote X for Y. Is
this valid? Read Jurado on this.
Where must the testator subscribe?
Is signing in the left margin mandatory? No.
Who else must subscribe?
Can the witnesses sign using their THUMB PRINT? No, a witness is required to
be able to read and write. This means that he/she must sign his name and
not a mere thumb mark.
IN HIS PRESENCE AND THE PRESENCE OF EACH OTHER:
Test of presence?
Even if the testator or the witnesses went to another room during the signing
of the will, it was still made in their PRESENCE so long as there is NO
PHYSICAL OBSTRUCTION. For example, even if the witness was in the
adjoining room but there was a glass window separating it from the room in
which the signing was being made, the signing was still made in that
witnesses presence.
ATTESTATION CLAUSE:
What must be stated in the attestation clause?
What is the effect if you failed to state the number of pages in the attestation
clause?
1 page was not signed by the witnesses? Take note of Icasiano case. However,
the courts deem this not to be a fatal defect in Icasiano because there was a
DUPLICATE ORGINAL.
Do you need to state the place of execution in the attestation clause? No.
What if the language of the attestation clause was not known to the testator?
Will remains valid.
What if language was not known to the witnesses? Remains valid but it must
be explained to them.
What if the attestation clause is contained in the will itself, valid? Yes,
Doctrine of liberal interpretation and Caeda case.
ACKNOWLEDGMENT:

May the notary public be an instrumental witness? It depends. If there are

still other witnesses that would comply with the three-witness rule then still
valid. But if he is one of the three, not valid.

Art. 820-824 (Witnesses to Wills)

Qualifications of a witness.
What if he was convicted of rape? Murder? Can he still be a witness? Yes.
Can the debtor of the testator be a witness?
Can the creditor of the testator be a witness? Yes.
Rules on 823.
Codoy v. Calugay and the case of Azoala v. Singson. The prevailing doctrine is
Calugay, that Art. 811 is MANDATORY but sir considers the Azoala ruling as a better
doctrine.
Art. 825-827 (Codicil)
What is a codicil?
Can there be a holographic codicil to a notarial will and vice-versa? Yes.
What is incorporation by reference?
Is incorporation by reference applicable only to notarial wills? Generally, yes,
but may also apply to holographic wills if the document is in the handwriting
of the testator.
Art. 828-834 (Revocation)
What is revocation?
Requisites for a valid revocation?
On legal separation, it is ONLY REVOKED by implication of law if the testamentary
disposition was made prior to the decree of legal separation. If it was made after, the
offending spouse is DISQUALIFIED from inheriting.
What is express revocation?
Implied revocation?
Is it required that the will be totally destroyed? No.
What if only a portion was burned?
Art. 840-856 (Institution of Heirs)
What is institution of an heir?
Is the will valid despite the absence of an heir?
Can a wife be preterited?
Can an adopted child be preterited?
Sir then asked the person reciting to just give 3 rules on institution of heirs.
No computation sa recit