IMPORTANT CIVIL LAW LEGAL DOCTRINES

I. PERSONS AND FAMILY RELATIONS

Non-retroactivity of laws
GENERAL RULE: Laws have no retroactive effect. Except: 1. The law otherwise
provides 2. Curative statutes 3. Interpretative statutes 4. Procedural laws 5.
Tax laws 6. Emergency laws
Waiver of Rights
GENERAL RULE: Rights can be waived, except if 1. Waiver is contrary to law,
public order, public policy,morals or good customs 2. Waiver is prejudicial to a
third party whose right is recognized by law.
Ignorance of the law excuses no one
considered a CONCLUSIVE presumption and applies only to mandatory and
prohibitory laws. (Consunji vs. CA)
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.
NOTE: 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.
Lex Loci Celebrationis
Law of the land governs the contract entered into
Lex Contractus
Law governing the contract as intended by the parties
Lex rei sitae
real property, as well as personal property is subject to the law of the country
where it is situated

Territoriality rule
laws of the Philippines will govern upon ALL those who live or sojourn in it.
Nationality rule
laws of the Philippines will govern its citizens, regardless of their residence.
Domiciliary rule
supplants the nationality rule in cases involving stateless persons
Prejudicial Question
a question that arises in a case, the resolution of which is a logical
antecedent of the issue involved herein, and the cognizance of which pertains
to another tribunal.
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 another2. no proof as to who died first3. with doubt as to who
died first
Marriage in Articulo Mortis
Marriages contracted at the point of death of both or one of the contracting
parties. Such marriages are exempt from the requirement of a marriage
license.
Doctrine of Triennial Cohabitation
presumption that the husband is impotent should the wife still remain a virgin
after 3 years of l
iving together with her husband.
Psychological Incapacity
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)
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. No child
shall be matched to a foreign adoptive family unless it is satisfactorily shown
that the child cannot be adopted locally.

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.

II. OBLIGATIONS AND CONTRACTS

Doctrine of Constructive Fulfillment of Suspensive Conditions
Art. 1186: the condition shall be deemed fulfilled when the obligor actually
prevented the obligee from complying with the condition, and that such
prevention must have been voluntary or willful in character.
Doctrine of Unforeseen Events
When the service has become so difficult as to be manifestly beyond the
contemplation of all the parties, the obligor may be released in whole or in
part (De Leon, 2003)
Rebus Sic Stantibus
Contracting parties stipulate in the light of the prevailing circumstances at
the time of stipulation of the contract.
Principle of mutuality of contracts
The contract must bind both contracting parties; its validity or compliance
cannot be left to the will of one of them (Art.1308)
Principle of Relativity of Contracts
Contracts take effect only between parties, their assigns and heirs UNLESS,
obligations arising from the contract are not transmissible by their (1) nature,
(2) by stipulation or (3) by provision of law. The heir is not liable beyond the
value of the property he received from the decedent. (Art.1311)
Stipulations Pour Autrui
If a contract should contain some stipulation in favor of a third person, he
may demand its fulfilment provided he communicated his acceptance to the
obligor before its revocation. A mere incidental benefit or interest of a person
is not sufficient. The contracting parties must have clearly and deliberately
conferred a favour upon a third person (Art.1311)

Negotiorum Gestio
officious or voluntary management of the property or affairs of another
without the knowledge or consent of the latter.
Solutio Indebiti
Undue payment. The juridical relation arises when a thing is received without
any right; and the thing delivered by mistake
Diligence of a good father to his family
That reasonable diligence which an ordinary prudent person would have done
under the same circumstances.
Fortuitous Event
An event which could not be foreseen or which though foreseen was
inevitable.
Tacit Resolutory Condition
If one of the parties fails to comply with what is incumbent upon him, there is
a right on the part of the other to rescind the obligation.

Test of Beneficial Stipulation

The fairest test to determine whether the interest of a 3rd person in a
contract is a stipulation pour atrui or merely an incidental interest is to rely
upon the intention of the parties as disclosed by their contract. Determine
whether the contracting parties desired to tender him such an interest (Uy
Tam vs. Leonard, 30 Phil. 471).
Amplified Acceptance
Under certain circumstances, a mere amplification on the offer must be
understood as an acceptance of the original offer, plus a new offer which is
contained in the amplification. (Tolentino, Volume IV, p. 452)
Reluctant Consent
A contract is valid even though one of the parties entered into it against his
wishes and desires or even against his better judgment. Contracts are also
valid even though they are entered into by one of the parties without hope of
advantage or profit. (Martinez vs. Hongkong and Shanghai Bank, 15 Phil. 252)

III. TORTS AND DAMAGES

Principle of Abuse of Rights
Sets certain standards which must be observed not only in the exercise of
one's rights, but also in the performance of one's duties. These standards are
the following: to act with justice; to give everyone his due; and to observe
honesty and good faith. The law, therefore, recognizes a primordial limitation
on all rights; that in their exercise, the norms of human conduct set forth in
Article 19 must be observed. A right, though by itself legal because
recognized or granted by law as such, may nevertheless become the source
of some illegality. When a right is exercised in a manner which does not
conform with the norms enshrined in Article 19 and results in damage to
another, a legal wrong is thereby committed for which the wrongdoer must
be held responsible. But while Article 19 lays down a rule of conduct for the
government of human relations and for the maintenance of social order, it
does not provide a remedy for its violation. Generally, an action for damages
under either Article 20 or Article 21 would be proper.
Res Ipsa Loquitur
When the thing which caused injury, without fault of the injured person, is
under the exclusive control of the defendant and the injury is such as in the
ordinary course of things does not occur if he having such control use proper
care, it affords reasonable evidence, in the absence of explanation from the
defendant, that the injury arose from defendants want of care (Africa vs.
Caltex, 16 SCRA 448 and Republic vs. Luzon Stevedoring, 21 SCRA 279).
Proximate Cause
That cause which in natural and continuous sequence, unbroken by any
efficient intervening cause, produces the injury, without which the result
would not have occurred.
Remote Cause
That cause which some independent force merely took advantage of to
accomplish something not the natural effect thereof.
Nearest Cause

That cause which is the last link in the chain of events; the nearest in point of
time or relation. Proximate cause is not necessarily the nearest cause but
that which is the procuring efficient and predominant cause.
Concurrent Causes
The actor is liable even if the active and substantially simultaneous operation
of the effects of a third persons innocent, tortious or criminal act is also a
substantial factor in bringing about the harm so long as the actors negligent
conduct actively and continuously operate to bring about harm to another.
(Africa vs. Caltex)
Efficient Intervening Cause
One which destroys the causal connection between the negligent act and the
injury and thereby negatives liability. There is NO efficient intervening cause
if the force created by the negligent act or omission have either: 1. Remained
active itself, or 2. Created another force which remained active until it
directly caused the result, or 3. Created a new active risk of being acted upon
by the active force that caused the result.
But-For Test
The defendants conduct is the cause-in-fact if damage would not have
resulted had there been no negligence on the part of the defendant.
Conversely, defendants negligent conduct is not the cause in fact of the
plaintiffs damage if the accident could not have been avoided in the absence
thereof.
Substantial Factor test
The conduct is the cause-in-fact of the damage if it was a substantial factor in
producing by the defendant must continue until the moment of the damage
or at least down the setting in motion of the final active injurious force which
immediately produced or preceded the damage.
NESS Test
The candidate condition may still be termed as a cause where it is shown to
be a necessary element in just one of several co-present causal set each
independently sufficient for the effect.
Foresight Perspective/ Foreseeability Test
The defendant is not liable for the unforeseeable consequences of his acts
Liability is limited within the risk created by defendants negligent acts.
DIRECT PERSEPECTIVE/ DIRECT COSEQUENCES TESTS

The defendant is liable for damages which are beyond the risk. Direct
consequences are those which follow in sequence from the effect of
defendants act upon conditions existing and forces already in operation at
the time without intervention of any external forces, which come into active
operation later
Contributory Negligence
Conduct on the part of the injured party contributing as a legal cause to the
harm he has suffered which falls below the standard to which he is required
to conform for his own protection. (Valenzuela vs. CA 253SCRA303) .If the
plaintiffs negligence was only contributory, the immediate and proximate
cause of the injury being the defendants lack of due care, the plaintiff may
recover damages but the courts shall mitigate the damages to be awarded
(Article 2179 Civil Code).
Doctrine of Comparative Negligence
The relative degree of negligence of the parties is considered in determining
whether and to what degree, either should be responsible for his negligence
(apportionment of damages).
This is the doctrine being applied in our jurisdiction wherein the contributory
negligence of the plaintiff does not completely bar recovery but merely
results in mitigation of liability; it is a partial defense.
The court is free to determine the extent of the mitigation of the defendants
liability depending upon the circumstances
Imputed Contributory Negligence
Negligence is imputed if the actor is different from the person who is being
made liable.The defendant will be subject to mitigated liability even if the
plaintiff was not himself personally negligent but because the negligence of
another is imputed to the plaintiff.
Damage without Injury (Damnum Absque Injuria)
A person may have suffered physical hurt or injury, but for as long as no legal
injury or wrong has been done, there is no liability. There is no liability even if
there is damage because there was no injury.
Doctrine of Estoppel
A condition or state by virtue of which an admission or representation is
rendered conclusive upon the person making it and cannot be denied or
disproved as against the person relying thereon.
Calculation of Risk

Interests are to be balanced only in the sense that the purposes of the actor,
the nature of his act and the harm that may result from action or inaction are
elements to be considered.
Emergency rule
GENERAL RULE: An individual who suddenly finds himself in a situation of
danger and is required to act without much time to consider the best means
that may be adopted to avoid the impending danger is not guilty of
negligence if he fails to undertake what subsequently and upon reflection
may appear to be a better solution.
EXCEPTION: When the emergency was brought by the individuals own
negligence. (Valenzuela vs. CA 253 SCRA 303).
State of Necessity
The owner of a thing has no right to prohibit the interference of another with
the same if the interference I necessary to avert imminent danger and the
threatened damage, compared to the damage arising to the owner from the
interference, is much greater. (Article 432 Civil Code)
The Captain of the Ship Doctrine
The head surgeon is made liable for everything that goes wrong within the
four corners of the operating room. It enunciates the liability of the surgeon
not only for the wrongful acts of those under his physical control but also
those wherein he has extension of control.
Doctrine of Last Clear Chance or Discovered Peril
The negligence of the plaintiff does not preclude a recovery for the
negligence of the defendant where it appears that the defendant, by
exercising reasonable care and prudence, might have avoided injurious
consequences to the plaintiff notwithstanding the plaintiffs negligence.

Doctrine of Vicarious Liability or Doctrine of Imputed Negligence

A person is not only liable for torts committed by himself, but also for torts
committed by others with whom he has a certain relation or for whom he is
responsible. (Article 2180 Civil Code)
Doctrine of Respondeat Superior
the liability is strictly imputed, the employer is liable not because of his act or
omission but because of the act or omission of the employee; employer

cannot escape liability by claiming that he exercised due diligence in the

selection or supervision of the employee.
Doctrine of Pari Delicto
When the parties to a legal controversy are in pari delicto, neither can obtain
affirmative relief from the court, since both are at equal fault orof equal guilt.
They will remain in the same situation they were in prior to the commenceme
nt of the action.
Doctrine of Laches (Stale Demands)
LACHES is the failure or neglect, for an unreasonable and unexplained length
of time, to do that which by exercising due diligence could or should have
been done earlier; it is negligence or omission to assert a right within a
reasonable time, warranting a presumption that the party entitled to assert it
either has abandoned it or declined to assert it

IV. PROPERTY
Property of Public Dominion
It is not owned by the state but pertains to the state, which, as territorial
sovereign exercises certain juridical prerogatives over such property. The
ownership of such properties is in the social group, whether national,
provincial or municipal.
Patrimonial Property of the State
Property of the State owned by it in its private or proprietary capacity. the
state has the same rights over this kind of property as a private individual in
relation to his own private property
De Facto case of Eminent Domain
expropriation resulting from the actions of nature as in one case where land
becomes part of one sea. The owner loses his property in favor of the state
without any compensation.
Doctrine of Good Faith/Bad faith

Article 527. Good faith is always presumed, and upon him who alleges bad
faith on the part of a possessor rests the burden of proof.
Accessory follows the Principal
Everything which is joined to another thing, as an ornament, or to render it
more perfect, is an accessory, and belongs to the principal thing.
Doctrine of Self-Help
The owner or lawful possessor of a thing has the right to exclude any person
from the enjoyment and disposal thereof. For this purpose, he may use such
force as may be reasonably necessary to repel or prevent an actual or
threatened unlawful physical invasion or usurpation of his property.
Doctrine of Apparent Sign
Article 624. The existence of an apparent sign of easement between two
estates, established or maintained by the owner of both shall be considered,
should either of them be alienated, as a title in order that he easement may
continue actively and passively, unless at the time, the ownership of the two
estates is divided, the contrary should be provided in the title of conveyance
of either of them, or the sign aforesaid should be removed before the
execution of the deed.
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 failsto
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.
Caucion Juratoria
takes place of the bond, and is made by taking an oath to fulfill properly the
duties of a usufructuary but this is available only under conditions prescribed.

V. PARTNERSHIP, AGENCY, TRUSTS

Delectus Personae
A rule inherent in every partnership wherein no one can become a member of
the partnership without the consent of all the partners.
Mutual Agency

Partnership is a contract of mutual agency, each partner acting as a

principal on his own behalf, and as an agent of his co-partners and the
partnership.
Doctrine of Ostensible Agency or Agency by Estoppel
Arises when a person, by words spoken or written or by conduct, represents
himself or consents to another representing him to anyone, as partner in an
existing partnership, or with one or more persons not actual partners; he is
liable to any such person to whom such representation has been made, who
has, on the faith of such representation given credit to the actual or apparent
partnership. (Art 1825)
Doctrine of Representation
In an agent-principal relationship, the personality of the principal is extended
through the facility of the agent. In so doing, the agent, by legal fiction,
becomes the principal, authorized to perform all acts which the latter would
have him do. Such a relationship can only be effected with the consent of the
principal, which must not, in any way, be compelled by law or by any court.
Doctrine of Marshalling of Assets
Partnership creditors have preference in partnership assets. Separate or
individual
creditors
have
preference
in
separate
or
individual
properties.Anything left from either goes to the other.
Agency by estoppel
One who clothes another with apparent authority as his agent, and holds him
out to the public as such, cannot be permitted to deny th authority of such
person in good faith, and in the honest belief that he is what he appears to
be. (Cuison vs. CA, GR.88531, October 26, 1993)
Doctrine of Agency by Necessity
By virtue of the existence of an emergency, the authority of an agent is
correspondingly enlarged in order to cope with the exigencies or the
necessities of the moment

Trust Pursuit Rule

a fundamental principle in agency that where certain property entrusted to
an agent and impressed by law with a trust in favor of the principal is
wrongfully diverted, such trust follows the property in the hands of a third
person and the principal is ordinarily entitled to pursue and recover it so long
as the actually one of trusts, since the wrongful conversion gives rise to a

constructive trust which pursues the property, its product or proceeds, and
permits the beneficiary to recover the property or obtain damages for the
wrongful conversion of the property. Aptly called the trust pursuit rule, it
applies when a constructive or resulting trust has once affixed itself to
property in a certain state or form.

VI. CREDIT TRANSACTIONS

Pactum Commissorium
The prohibition on pactum commissorium stipulations is provided for by
Article 2088 of the Civil Code: Art. 2088. The creditor cannot appropriate the
things given by way of pledge or mortgagee, or dispose of the same. Any
stipulation to the contrary is null and void.
Floating Interest
A floating interest rate, also known as a variable or adjustable rate, refers to
any type of debt instrument, such as a loan, bond, mortgage, or credit, that
does not have a fixed rate of interest over the life of the instrument.
Compounding Interest
Compound interest is interest added to the principal of a deposit or loan so
that the added interest also earns interest from then on. This addition of
interest to the principal is called compounding.
Benefit of Excussion
The right by which the guarantor cannot be compelled to pay the creditor
unless the latter has exhausted all the properties of the principal debtor, and
has resorted to all of the legal remedies against such debtor
Benefit of Division
Should there be several guarantors of only one debtor and for the same debt,
the obligation to answer for the same is divided among all.
Continuing Guaranty
One which is not limited to a single transaction but which contemplates a
future course of dealings, covering a series of transactions generally for an
indefinite time or until revoked. Exception to the rule that a contract of
guaranty cannot secure future debts.
Stipulation of upset price or tipo

It is a stipulation in a mortgage of real property of minimum price at which

the property shall be sold, to become operative in the event of a foreclosure
sale at public auction. It is null and void for the property must be sold to the
highest bidder. Parties cannot, by agreement, contravene the law and
interfere with the lawful procedure of the courts.
Equity of Redemption
right of mortgagor to redeem the mortgaged property after his default in the
performance of the conditions of the mortgage within the 90-day period from
the date of the service of the order of foreclosure or even thereafter but
before the confirmation of the sale. Applies to judicial foreclosure of real
mortgage and chattel mortgage foreclosure.

Right of Redemption
right of mortgagor to redeem the mortgaged property within one year from
the date of registration of the certificate of sale. Applies only to extrajudicial
foreclosure of real mortgage.
Dragnet Clause
Dragnet clause is a clause in a mortgage deed stating that a mortgage
secures all the debts that the mortgagor may at any time owe to the
mortgagee. It is also known as Anaconda clause or Mother Hubbard clause.
Clauses such as this are termed "dragnet" or "anaconda," as by their broad
and general terms they enwrap the unsuspecting debtor in the folds of
indebtedness embraced and secured in the mortgage which s/he did not
contemplate. Courts generally construe Dragnet clauses narrowly as its
coverage is very broad and the mortgagor is often unaware of their presence
or implications.

VII. SALES AND LEASE

Massachusetts rule
If specifically done at the order of another, this is a contract for a piece of
work. (Philippine application)
New York rule
If thing already exists-SALE; if not-WORK
English rule
If material is more valuable-SALE; if skill is more valuable-WORK

Policitation
An unaccepted unilateral promise to buy or sell. Even if accepted by the other
party, it does not bind the promissor and maybe withdrawn anytime. This is a
mere offer, and has not yet been converted into a contract.
Right of First Refusal
It is a right of first priority all things and conditions being equal; there should
be identity of the terms and conditions to be offered to the optionee and all
other prospective buyers, with optionee to enjoy the right of first priority. A
deed of sale executed in favor of a third party who cannot be deemed a
purchaser in good faith, and which is in violation of the of the right of first
refusal granted to the optionee is NOT voidable under the Statute of Frauds,
such contract is valid BUT rescissible under Article 1380 to 1381(3) of the
New Civil Code (Guzman Bocaling &Co. vs. Bonnavie; Riviera Filipina, Inc vs.
CA et.al. GR No. 117355, April 5,2002).
Option contract
A contract granting a privilege in one person, for which he has paid a
consideration, which gives him the right to buy certain merchandise, at
anytime within the agreed period, at a fixed price.
An option without consideration is void and the effect is the same as if there
was no option
Earnest money or ARRAS
is something of value to show that the buyer was really in earnest, and given
to the seller to bind the bargain. It is considered as part of the purchase price
Nemo dat quod non habet
(You cannot give what you do not have). You cannot sell what you dont
have.
Res Perit Domino
The maxim res perit domino means the thing perishes for the owner. The
maxim refers to the contractual principle that risk in the goods pass with
ownership.
Caveat Venditor
(Let the seller beware): the vendor is liable to the vendee for any hidden
faults or defects in the thing sold, even though he was not aware thereof.
Caveat Emptor

(Let the buyer beware): requires the purchaser to be aware of the supposed
title of the vendor and one who buys without checking the vendors title takes
all the risks and losses consequent to such failure.
Trespass in fact (perturbacion de mere hecho)
physicalenjoyment is reduced.Lessor will not be held liable.
Trespass in law (perturbacion dederecho)
A third person claims legal right to enjoy the premises. Lessor will be held
liable
IMPLIED NEW LEASE (Tacita Reconducion)
lease which arises if at the end of the contract the lessee should continue
enjoying the thing leased for 15 days with the acquiescence of the lessor
unless a notice to the contrary had previously been given by either party.

VIII. SUCCESSION
INTERPRETATION OF WILLS (ARTS. 788-792)
The testators intent (animus testandi), as well as giving effect to such intent,
is primordial. It is sometimes said that the supreme law in succession is the
intent of the testator. All rules of construction are designed to ascertain and
give effect to that intention. It is only when the intention of the testator is
contrary to law, morals, or public policy that it cannot be given effect. In case
of doubt, that interpretation by which the disposition is to be operative shall
be preferred. That construction is to be adopted which will sustain and uphold
the will in all its parts, if it can be done consistently with the established rules
of law.
DOCTRINE OF LIBERAL INTERPRETATION (Art. 809)
However, In the absence of bad faith, forgery, fraud, or undue and improper
pressure and influence, defects and imperfections in the form of attestation
or in the language used therein shall not render the will invalid if it is proved
that the will was in fact executed and attested in substantial compliance with
Art. 805 (formal requirements).
INCORPORATION BY REFERENCE (ART 827)
Contemplates only lists of properties, books of accounts, and inventories.
Provisions which are In the nature of testamentary dispositions must be
contained in the will itself.

DOCTRINE OF DEPENDENT RELATIVE REVOCATION (ART 832)

A revocation subject to a conditiondoes not revoke a will unless anduntil the
condition occurs. Thus,where a testator revokes a will with the proven
intention that h would execute another will, his failure to validly make a latter
will would permit the allowance of the earlier will. Where the act of
destruction is connected with the making of another will so as fairly to raise
the inference that the testator meant the revocation of the old to depend
upon the efficacy of the new disposition intended to be substituted, the
revocation will be conditional and dependent upon the efficacy of the new
disposition; and if for any reason, the new will intended to be made as a
substitute is inoperative, the revocation fails and the original will remains in
full force (Vda. De Molo vs. Molo 90 Phil 37).
DOCTRINE OF PRESUMED REVOCATION
Whenever it is established that the testator had in his possession or had
ready access to the will, but upon his death it cannot be found or located, the
presumption arises that it must have been revoked by him by an overt act.
Where it is shown that the will was in custody of the testator after its
execution, and subsequently, it was found among the testators effects after
his death in such a state of mutilation, cancellation or obliteration as
represents a sufficient act of revocation, it will be presumed in the absence of
evidence to the contrary, that such act was performed by the testatorwith the
intention of revoking the will.
DOCTRINE of CONSTRUCTIVE FULFILLMENT
When without the fault of the fault of the heir, an institucion sub modo
cannot take effect in the exact manner stated by the testator, it shall be
complied with in a manner most analogous to and in conformity with his
wishes.

RESERVA TRONCAL (ART 891)

The reservation by virtue of which an ascendant who inherits from his
descendant any property which the latter may have acquired by gratuitous
title from another ascendant or a brother or sister, is obliged to reserve such
property for the benefit of relatives who are within the 3rd degree and who
belong to the line from which such property came. It constitutes as an
exception to both the system of legitime and the order of intestate
succession.

IX. LAND TITLES AND DEEDS

(Baranda vs. Gustilo, 165 SCRA 757)
The function of the Register of Deeds with reference to the registration of
deeds, encumbrances, instruments and the like is ministerial in nature .
(Almirol vs. The Register of Deeds of Agusan, 22 SCRA 1152)

The law on registration does not require that only valid instruments shall be
registered. If the purpose of registration is merely to give notice, then
questions regarding the effect or invalidity of instruments are expected to be
decided after, not before registration. It must follow as a necessary
consequence that registration must first be allowed, and validity or effect
litigated afterwards.
(Averia vs. Caguioa. 146 SCRA 459 ; Ignacio vs CA 246 SCRA 242)

PD No. 1529 has eliminated the distinction between the general jurisdiction
vested in the RTC and the limited jurisdiction conferred upon it by the former
law when acting merely as land registration court. Aimed at avoiding
multiplicity of suits, the change has simplified registration proceedings by
conferring upon the regional trial courts the authority to act not only on
original applications but also those filed after original registration, with power
to hear and determine all questions arising upon such applications or
petitions.
(Tagaytay-Taal vs. CA. 273 SCRA 182)
The issues raised before the RTC sitting as a land registration or cadastral
court involved substantial or controversial matters and, consequently,
beyond said courts jurisdiction. The issues may be resolved only by a court
of general jurisdiction. Thus, petitions under Secs. 75 and 108 of PD 1529 can
be taken cognizance of by the RTC sitting as a land registration or cadastral
court but relief under saidsections can only be granted if there is unanimity
among the parties, or that there is no adverse claim or serious objection on
the part of any party in interest; otherwise, the case becomes controversial
and should be threshed out in an ordinary case or in the case where the
incident properly belongs.
(Almarza vs Arguelles 156 SCRA 718).

Only claimed property or a portion thereof can be adjudicated. If the

applicant asserts ownership to and submits evidence only for a portion of a
lot, the inclusion of the portion not claimed by the applicant is void and of no
effect for a land registration court has no jurisdiction to decree a lot to a
person who put no claim to it and who never asserted any right of ownership
over it .
(CaragayLayno vs. CA, 133 SCRA 718)
A land registration court has no jurisdiction to adjudge a land to a person who
has never asserted any right of ownership thereof.
(Gomez vs CA 168 SCRA 503)
The court may reverse its decision even after the LRA has already issued the
decree of registration
(Melgar vs. Pagayon. 21 SCRA 841)
The decree of registration binds the land, quiets title thereto, subject only to
such exceptions or liens as may be provided by law. It is conclusive upon all
persons including the national government and all branches thereof, whether
mentioned by name in the application or notice, the same being included in
the general description To All Whom It May Concern. And such
conclusiveness does not cease to exist when the title is transferred to a
successor.
(Ramos vs. Rodriguez, 244 SCRA 418)

The duty of the land registration officials to issue the decree of registration is
ministerial in the sense that they act under the orders of the court and the
decree must be in conformity with the court judgment and with the data
found in the record. However, if they are in doubt upon any point in relation
to the preparation and issuance of the decree, they are duty bound to refer
the matter to the court. They act in this respect, as officials of the court. The
administrator is thus not legally obligated to issue the decree where, upon his
verification, he finds that subject land has already been decreed and titled in
anothers name.
(Republic vs Vera 20 SCRA 210; Widows and Orphans Assoc., Inc. vs CA
201 SCRA 165.)
The Cadastral court is not limited to merely adjudication of ownership in favor
of one or more claimants. If there are no successful claimants, the property is
declared public land. Additionally, while the court has no jurisdiction to
adjudicate lands already covered by a Certificate of Title, it is nonetheless

true that this rule only applies where there exists no serious controversy as to
the certificates authenticity vis--vis the land covered therein.

X. CONFLICT OF LAWS (PRIVATE INTERNATIONAL LAW)

Minimum Contacts Test and Fundamental Fairness Test
Due process requires only that in order to subject a defendant to a judgment
in personam, if he is not present within the territory of the forum he should
have certain minimum contacts with it such that the maintenance of the suit
does not offend traditional notions of fair play and substantial justice. In both
in rem and quasi-in rem, all that due process requires is that defendant be
given adequate notice and opportunity to be heard which are met by service
of summons by publication.
Principle of forum non conveniens
A court may resist imposition upon its jurisdiction even when jurisdiction is
authorized by law. The reason given for refusal to assume jurisdiction is that
to do so would prove inconvenient for the forum.

Traditional or Single-aspect method

theories which have traditionally concentra-ted on one element of a situation
in order to connect a case to a particular legal community
Vested Rights Theory
Rights acquired in one country must be recognized and legally protected in
other countries. The forum will not apply before a law but will simply
recognize the right vested by said law.
Local Law Theory
In conflict problems, the court does not enforce a foreign law but a right
created by its own law by treating a case as a purely domestic case that does
not involve a foreign element.
Cavers' Principle of Preference
Choice of law should be determined by considerations of justice and social
expediency and should not be the result of mechanical application of the rule
or principle of selection.

Modern or Multi-aspect method

approach where all the important factors of the case both territorial and nonterritorial, are analyzed and the applicable law is arrived at by rationally
elaborating and applying the policies and purposes underlying the particular
legal rules that come in question as well as the needs of the interstate or
international intercourse.

Place of the Most Significant Relationship

Adopts an approach which identifies a plura-lity of factors that must be
considered in the light of choice of law principles.
Interest Analysis
Urges the resolution of conflict problems by looking at the policy behind the
laws of the involved states and the interests each state had in applying its
own law.
Comparative impairment
Calls for subordination of the state objective which would be least impaired.
Functional Analysis
Looks into the general policies of the states (beyond those reflected in its
substantive laws) and to policies or values relating to effective and
harmonious intercourse between states
Choice-influencing Considerations
Courts will prefer rules of law, whether they are forum law or another states
law as long as they make good socioeconomic sense for the time the court
speaks and are sound in view of present day conditions.
Convenient Theory (forum conveniens)
the application of a foreign law in such a convenient forum, which implies a
susbstantial connection with a given conflict problem must be analytically
understood as an exception fromthe basic rule calling for the application of
the lex fori
Depecage
The phenomenon where thedifferent aspects of the case involving a foreign
element may be governed by different systems of law. Allows the other
relevant interests of the parties to be addressed; permits the courts to arrive

at a functionally sound result without rejecting the methodology of the

traditional approach.
Doctrine of Immutability of Matrimonial Property Regime
That the change of the nationality on the part of the husband or the wife or of
both does not affect the original property regime EXCEPT when the law of the
original nationality itself changes the marital regime hence, the property
regime has to change accordingly.
Lex loci delicti comissi
law of the place where the alleged tort was committed will govern.

Obligation theory
The tortuous act gives rise to an obligation, which is transitory and follows
the person committing the tortuous act and may be enforced wherever he
may be found.
Theory of Most Significant Relationship
An action for tort may be filed in the country where it has the mostsignificant
relationship. In determining the state which has the most significant
relationship, the following factors are to be taken into account: 1. Place where
the injury occurred 2. Place of conduct 3. Domicile, residence, nationality,
place of incorporation and place of business 4. Place where relationship
between the parties is centered.
Lex loci delicti
the law of the place where the crime was committed will govern since it
determines the specific law by which the criminal is to be penalized and at
the same time designates the state that has jurisdiction to punish him.