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CEBALLOS BAR TRENDS

mind, unless freely cohabited with the other


after coming to reason; (c) Consent obtained
by fraud, unless freely cohabited with the other
after knowledge of fraud; (d) Consent of either
party was obtained by force or intimidation,
unless freely cohabited with the other after
knowledge of force or intimidation; and (e)
That either party was, at the time of marriage,
physically incapable of entering into the married
state, and such incapacity continues, and
appears to be incurable.

CIVIL LAW
BAR EXAMINATION QUESTIONS
(TRENDING)
COVERAGE 2000 to 2014
659 QUESTIONS

I. Persons
(193 times)

Property relations of the Spouses


(Articles 74-148, Family Code)
(32 times)

Marriage (Family Code)


(55 times)
Definition

Property regime without 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. It is the foundation of the family and
an inviolable social institution whose nature,
consequences, and incidents are governed by
law and not subject to stipulation, except that
marriage settlements may fix the property
relations during the marriage within the limits
provided by this Code. (Article 1, Family Code)

Where both parties are capacitated to marry


each other, and live exclusively with each other
without the benefit of marriage or under a void
marriage, the rules on Co-ownership will apply.
Void marriage [Article 43, (2), Family Code]
Where one of the parties in a void marriage
acted in good faith (a) TheShare of the party in
bad faith shall be forfeited in favor of their
common children; (b) In case of default or
waiver the vacant share shall belong to
surviving descendants; and (c) In absence of
descendants, the share shall belong to the
innocent party.

Void and Voidable Marriage (Articles 35-38,


Family Code)
Void Marriages
(a) Below 18;(b) Solemnizing officer had no
authority to perform marriages, UNLESS
marriage was contracted in good faith that the
solemnizing officer had legal authority;(c) No
license;(d) Bigamous, polygamous marriages
not falling under Article 41 on PRESUMPTIVE
DEATH (ABSENTEE SPOUSE); (e) Mistake of
identity; (f) Void subsequent marriages;(g)
Psychological
incapacity;(h)
Incestuous
marriages;and(i) Void marriages by reason of
public policy.

Property regimes (Article 75, Family Code)

Voidable Marriages (Article 45)

Conjugal partnership of gains (Article 106,


Family Code)

a. Marriage settlement Absolute Community of


Property, Conjugal Partnership of Gains, and
Complete Separation of Property
b. Provisions of the Family Code: where there is
NO marriage settlement; or the regime is void,
absolute community of property governs.
c. Local custom

(a) Subsequent marriages without judicial


declaration of presumptive death; (b) Unsound

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In a common fund, the proceeds, products,
fruits, and income from separate properties;
acquired through efforts or by chance, and,
upon dissolution of the marriage.

status of an
evidence. The
the lifetime of
on open and
status.

Absolute community of property; presumption


(Article 88, Family Code)
At the precise moment of the celebration of the
marriage: PRESUMPTION is that all properties
acquired during the marriage form part of
the absolute community of property, unless
it be proven otherwise.

illegitimate child, or on other


action must be brought within
the alleged parent if it is based
continuous possession of the

Grounds for impugning the legitimacy of a child


(Article 166, Family Code)
(a) Physical impossibility of sexual intercourse
within the first 120 days of the 300 days
immediately preceding the childs birth due to
(i) Physical incapacity of the husband, (ii) Living
separately, or (iii) Serious illness of husband
which
absolutely
prevented
sexual
intercourse;(b) Proof that the child could not
have been that of the husband; and (c) In case
of
children
conceived
through
artificial
insemination, the authorization or ratification of
either parent was obtained through fraud,
mistake, violence, intimidation or undue
influence.

Paternity and Filiation


(25 times)
Filiation of child born out of wedlock (Article
165, Family Code)
(General Rule) Illegitimate
EXC: (1) Children of voidable marriage; (2)
Children of a void marriage in 2 instances [a.
Children conceived of a subsequent void
marriage; and b. Children conceived of a
marriage before the judgment of annulment or
nullity became final, where ground for voiding
is psychological incapacity.

Adoption
(17 times)
Joint adoption (R.A. 8552)
GR: Spouses shall adopt jointly (Article 185,
Family Code); EXC: (i) Spouse adopts the
legitimate child of the other, (ii) Spouse adopts
his/her illegitimate child provided other spouse
signifies
consent,
(iii)
Spouses
legally
separated.

Filiation of child born of artificial insemination


[Article 166 (3), Family Code]
Legitimate children provided that (a) The
artificial insemination is made on the wife, not
on
another woman;
(b) The artificial
insemination of the wife is done with the sperm
of the husband, or of a donor, or both the
husband and a donor; and (c) The artificial
insemination has been authorized or ratified by
the spouses in a written instrument executed
and signed by them before the birth of the
child; and (d) The written instrument
aforementioned is recorded in the civil registry
together with the birth certificate of the child.

Qualifications for adoption


(a) Below 18, declared available for adoption;
(b) Legitimate child of one spouse, by the other
spouse; (c) Illegitimate child, by a qualified
adopter to raise status to legitimacy; (d) Of
legal age if, prior to adoption, has been
considered and treated by the adopter(s) as
his/her own child since minority; (e) Child
whose adoption was previously rescinded; or
(f) Child whose biological or adoptive parent(s)
has died: Provided, no proceedings shall be
initiated within six (6) months from the time of
death of said parent(s).

Action for recognition of an illegitimate child


(Article 173, Family Code)
A child has until his lifetime to file, unless based
on the open and continuous possession of

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Requisites for adoption (Article 183, Family
Code)

(a) Absence or Death of either parent; the


surviving parent shall continue exercising
parental authority; (b) Remarriage of the
surviving parent shall not affect his/her
parental authority over the children, unless the
court appoints another person to be the
guardian of the person or property of the
children; (c) in separation; parental authority
shall be exercised by the parent designated by
the Court. Maternal preference rule applies
(Article 213, Family Code); (d) Death, absence
or unsuitability of parents, substitute parental
authority shall be exercised by the surviving
grandparents. (Article 214, Family Code)

a. Any Filipino citizen (i) Of legal age, (ii) In


possession of full civil capacity and legal rights;
(iii) Of good moral character, (iv) Not convicted
of any crime involving moral turpitude, (v)
Emotionally and psychologically capable of
caring for children, (vi) At least sixteen (16)
years older than the adoptee, (can be waived
when adopter is the biological parent of
adoptee, or spouse of adoptee's parent); and
(vii) Capable of to support and care for his/her
children in keeping with the means of the
family.
b. Any alien, with same qualifications as stated
for Filipino nationals: Provided, (i) His/her
country has diplomatic relations with the
Philippines, (ii) He/she has been living in the
Philippines for at least three (3) continuous
years prior to filing of application and maintains
residence until adoption decree is entered, (iii)
He/she has been certified as having legal
capacity to adopt in his/her country and (iv)
His/her government allows adoptee to enter
his/her country as his/her adopted child.

Right to exercise parental authority in default of


parents (Article 216, Family Code)
(a) Surviving grandparents; (b) Oldest brother
or sister over 21 years of age unless unfit or
disqualified; and (c) Childs actual custodian
over 21 years of age unless unfit or disqualified.
Grounds for SUSPENSION (Article 228, Family
Code)
(a) Conviction of a crime with the penalty of
civil interdiction; (b) Harsh or cruel treatment
of the child; (c) Orders, counsel and example
which are corrupting, given by the person
exercising authority; (d) Child is compelled to
beg; (e) Subjecting the child or allowing the
child to be subjected to acts of lasciviousness;
(f) Negligence, which is culpable, committed by
the person exercising authority.

Inter-country adoption of Filipino children


(R.A. 8043)
Applies to inter-country adoption of Filipino
children by foreign nationals and Filipino
citizens permanently residing abroad.

Parental Authority(Family Code)


(14 times)

Grounds for TERMINATION (Article 229, Family


Code)

Parental authority and responsibility shall


include (Article 209, Family Code) (a) Caring
and rearing for civic consciousness and
efficiency; and (b) Development of moral,
mental and physical character and well-being.

(a) Death of parents; (b) Death of child; (c)


Emancipation of child; (d) Adoption of child;
(e) Appointment of a general guardian; (f)
Judicial declaration of abandonment; (g) Final
judgment of a competent court divesting the
party concerned of parental authority; or (h)
Judicial declaration of absence or incapacity of
the person exercising parental authority.

Effect
of
absence,
death,
unsuitability,
remarriage of the surviving parent or
separation of the parents to the parental
authority over the children (Article 212, Family
Code)

Persons and Personality


(12 times)
3

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Human Relations

Rules in ordinary presumption of death (Article


390, NCC)

1. Presumption of Survivorship (Article 43,


NCC)

1. Disappearance upon or before reaching the


age of seventy five (75) years

If there is doubt as to who died first between 2


or more persons called to succeed each other.

Absence of seven (7) years


The absentee is presumed
purposes, except succession.

dead

for

all

Absence of ten (10) years


The absentee is presumed
purposes, including succession.

dead

for

all

Burden of Proof: Whoever alleges the death of


one prior to the other shall prove the same.
Absent such proof, The Presumption is that
they all died at the same time. No transmission
of successional rights.

2. Disappearance at the age of seventy six (76)


years or older

Conditions that warrant the application of the


survivorship rule

Absence of five (5) years


The absentee is presumed dead for all purposes
including succession.

(a) Parties are heirs to one another; (b) No


proof as to who died first; (c) Doubt as to who
died first.

Note: Absentee is presumed to have died under


an ordinary presumption at the end of the five,
seven or ten year period as the case may be.

Presumption; Survivorship rule


Presumption of simultaneity of death. Two or
more persons called to succeed each other die,
are presumed to have died at the same time.

Presumed dead for all purposes including


the division of estate among heirs in case of
extraordinary presumption of death. (Article
391, NCC)

Presumptions on survivorship under the


rules of court

(a) Passenger of vessel lost during sea voyage,


or airplane which is missing, and has not been
heard of for four (4) years since the loss; (b)
member of armed forces who has taken part in
war, and missing for four (4) years; (c) was in
danger of death under other circumstances and
his existence has not been known for four (4)
years.

The Rules of Court provide that (1) When two


or more persons perish in the same calamity
and(2) It is not shown who died first, and(3)
There are no particular circumstances from
which it can be inferred that one died ahead of
the other.
2. Presumption of death

3. Personality of child (Article 40, NCC)


Kinds of presumed death
Birth determines personality, but the conceived
child shall be considered born for all purposes
that are favorable to it.

(1) Ordinary presumption-ordinary absence;


absentee disappears under normal conditions
without danger or idea of death; and (2)
Extraordinary presumption-qualified absence;
disappearance with great probability of death.

For civil purposes, the fetus is considered born


if it is alive at the time it is completely
delivered from the mother's womb. If the
fetus had an intra-uterine life of less than seven
months, it is not deemed born if it dies within

CEBALLOS BAR TRENDS


twenty-four hours after its complete delivery
from the maternal womb. (Article 41, NCC)

Unsound mind

Any time before death


of either party or during
a lucid interval or after
regaining sanity

Fraud

Within 5 years after the


discovery of fraud

VICES OF
CONSENT
(Force,
intimidation, undue
influence)

Within 5 years from the


time the vice
disappeared or ceased

Impotence or STD

Within 5 years after the


celebration of marriage

4. Juridical Capacity vs. Capacity to act


(Article 37, NCC)
Juridical capacity: It is the fitness to be the
subject of legal relations. It is inherent in every
natural person and is lost only through death.
Capacity to act: It is the power to do acts with
legal effect. It is acquired and may be lost.

Legal Separation (Family Code)


(11 times)
Grounds for legal separation(Article 55,
FC)

Prescriptive period for legal separation

(i)
Repeated
physical
violence
against
petitioner, common child, or child of petitioner;
(ii) Compulsion to change religious or political
affiliation of petitioner; (iii) Attempt to corrupt
the petitioner, common child, or child of
petitioner, to engage in prostitution; (iv)
Imprisonment of more than six years, even if
pardoned; (v) Drug addiction or habitual
alcoholism; (vi) Lesbianism or homosexuality;
(vii) Subsequent bigamous marriage in the
Philippines or abroad; (viii) Sexual infidelity or
perversion; (ix) Attempt against the life of the
petitioner; or (x) Unjustifiable abandonment
for more than one year.

Must be filed within five years from time of


occurrence of cause. (Article 57, FC)

Support (Family Code)


(8 times)
Support
is everything indispensable
for
sustenance, including the education of the
person entitled to be supported until he
completes his education or training for some
profession, trade or vocation, even beyond the
age of majority. (Article 194, FC)

Annulment

Characteristics

Nullity of marriage requires judicial declaration


Note: Remarriage: nullity of a previous
marriage may be invoked solely on the basis of
final judicial declaration of nullity (JDN) of the
previous marriage. (Article 40, FC)

(1) Personal; (2) Reciprocal on the part of


those who are by law bound to support each
other; (3) Intransmissible; (4) Mandatory; (5)
Provisional character of support judgment; (6)
Exempt from attachment or execution; and (7)
Not subject to waiver or compensation.

Prescriptive period for annulment (Article 47,


FC)

Use of Surnames
(7 times)

Ground

When to file

No Legal Capacity
to Marry

Within 5 years from


attaining the age of 21

Illegitimate children shall use the surname of


the mother. (Article 368, NCC)However,
illegitimate children may use the surname of
their father if their filiation has been expressly
recognized by their father through the record of

CEBALLOS BAR TRENDS


birth appearing in the civil register, or when an
admission in a public document or private
handwritten instrument is made by the father;
Provided, the father has the right to institute an
action before the regular courts to prove nonfiliation during his lifetime. (Amended on March
19, 2004 by RA 9255)

Where acts, events and judicial decrees


concerning the civil status of persons shall be
recorded.
Anything affecting the civil status of persons
shall be recorded.
The Family

Rights and obligations between


husband and wife
(Article 68-73, Family Code) (4 times)

The Family home is the dwelling house of the


family and the land on which it is situated. It is
deemed constituted on the house and lot
occupied as a family residence. (Article 155,
FC)

Essential marital obligations


(a) Live together (cohabitation and copulation);
(b) Observe mutual love, respect, and fidelity;
and (c) Render mutual help and support; (d)
Fix the family domicile;(e) Jointly support the
family; (i) Expenses from the community
property, (ii) Income of fruits of their separate
properties(iii) Separate properties;(f) Manage
household;(g) Not to neglect duties, or commit
acts which tend to bring danger, dishonor, or
injury to family.

The family home shall be exempt from


execution, forced sale or attachment EXCEPT:
(a) For nonpayment of taxes; (b) For debts
incurred prior to the constitution of the family
home; (c) For debts secured by mortgages on
the premises before or after such constitution;
and (d) For debts due to laborers, mechanics,
architects, builders, material men and others
who have rendered service or furnished
material for the construction of the building.

Note: Either spouse may practice any legitimate


profession/business, even without the consent
of the other.

Guidelines in the constitution of the family


home (Article 152 & 153, FC)
(a) Constituted on the dwelling house of the
family and the land on which the house is
situated; (b) Deemed constituted from the time
of actual occupation as a family residence; (c)
Must be owned by the person constituting it
which may be either or both spouses or the
single head of a family; (d) Must be
permanent; (e) Applies to valid and voidable
marriages and even to common law spouses;
and (f) Continues despite death of one or both
spouses or unmarried head of the family for 10
years, or as long as a minor beneficiary lives
therein; (g) Can constitute one (1) family
home ONLY.

Absence (Article 43, Civil Code;


Art.41, Family Code) (3 times)
Absence is the special status of a person who
has left his domicile and his whereabouts and
fate are unknown, it being uncertain whether
he is already dead or still alive.
Kinds of absence
(a) Physical Absence; and (b) Legal Absence

Civil Registrar (Arts. 407-413) (3


times)

II. SUCCESSION
(85 times)

Repository of relevant facts of a person.

Testamentary
6

CEBALLOS BAR TRENDS


(52 times)

Effected by operation of law in the absence or


in default of a will.

Will

Theory of Concurrence

An act whereby a person is permitted to control


to a certain degree the disposition of his estate
to take effect after his death. (Article 783, NCC)

In addition to their legitimes, the heirs shall


have equal shares in the free portion.

Extrinsic Validity

Theory of Exclusion

Viewpoint of time: laws in force at the time the


will was made.

Legitimes of heirs are accorded to them and the


free portion will be given exclusively to the
legitimate descendants.

Viewpoint of place/country

Distribution of Inheritance

(a) Filipino, can observe Philippine law or law


of the country where he executes the will; (b)
Foreigner living abroad, can follow law of his
domicile, law of his home country or Philippine
law; and (c) Foreigner in the Philippines, either
follow the law of his home country or Philippine
law.

Legitime
Part of testators property reserved by law for
compulsory heirs.
Common Rules
(a) Nearer relatives excludes farther relatives;
(b) All of the same class inherit in equal
shares; (c) Legitime of surviving spouse is
always from the Disposable Free Portion; (d)
Legitime of illegitimate child is always from the
Disposable Free Portion; (e) Remainder shall
always form part of Disposable Free Portion; (f)
Illegitimate grandparents and other illegitimate
ascendants cannot inherit from the (illegitimate
child) testator.

Transmission of Rights: from the moment of


death of the decedent. (Article 777, NCC)
Intrinsic Validity
Viewpoint of time: law in force at the time of
the testator's death governs successional
rights.
Viewpoint of place/country: national law of the
testator, regardless of where the will was
executed or where the testator died.

Priority of Compulsory Heirs

Holographic Will

Testator is a Legitimate Child

It is entirely written, dated, and signed by the


hand of the testator himself; subject to no
other form; may be made in or out of the
Philippines; and need not be witnessed. (Artcile
810, NCC)

(1) Legitimate Children and Descendants; (2)


Legitimate Parents and Ascendants; (3)
Surviving Spouse; (4) Illegitimate Children and
Descendants.
Testator is an Illegitimate Child

Notarial will: governed by the provisions of


the Civil Code.

(1) Legitimate Children and Descendants; (2)


Illegitimate Children and Descendants; (3)
Parents; (4) Surviving Spouse.

Legal or Intestate Succession (22


times)

[Article 888]

CEBALLOS BAR TRENDS


Survivor
LC
(1 or more)

Legitime
1/2

[Article 893]
Survivor
LPA
SS

[Article 892]
In legal separation, surviving spouse may
inherit if deceased spouse had given cause for
the same.
Survivor
1LC
SS

[Article 899]
Survivor
LPA
SS
IC

Legitime
1/2
1/4

[Article 897]
Survivor
2 or more LC
SS

Legitime
1/2
= 1 LC

Divide by the # of IC whether they


survive alone or with concurring
compulsory heirs
Survivor
IC

Legitime
1/2
1/4 or = 1LC
1/2 of 1 LC

Legitime
1/2

[Article 894]
Survivor
SS
IC

[Article 889]
Each Parent or Ascendant will equally divide
thelegitime received.
Survivor
LPA

Legitime
1/2
1/8
1/4

[Article 901]

[Article 895, 892]


Survivor
LC
SS
IC

Legitime
1/2

Legitime
1/3
1/3

[Article 900]
1/3 if marriage in articulo mortis and the
testator died within 3 months after the
marriage.

Legitime
1/2

1/2 If marriage in articulo mortis and they


cohabited (lived as husband and wife for
more than 5 years).
[Article 896]
1/2 under normal circumstances
Survivor
Legitime
SS
1/3
or 1/2

All IC share
Survivor
LPA
IC

Legitime
1/2
1/4

CEBALLOS BAR TRENDS


[Article 903]
Survivor
IP

Illegitimate Children and Descendants; (4)


Illegitimate Parents and Ascendants; (5)
Surviving Spouse; (6) Collateral Relatives; (7)
State.

Legitime
1/2

Intestate of an Illegitimate Child


[Article 903]
Survivor
IP
SS

(1) Legitimate Children and Descendants;


Illegitimate Parents and Ascendants;
Illegitimate Parents and Ascendants;
Surviving Spouse; (5) Collateral Relatives;
(5) State.

Legitime
1/4
1/4

[Article 190 (Family Code)]

Survivors

Survivor
Adopter

Any Class Alone

Legitime
1

Provision

LC
SS

[Article 190 (Family Code)]


Survivor
Adopter
LPA/IP

Share

Legitime
1/2
1/2

2 or more LC
SS

[Article 190 (Family Code)]


Survivor
Adopter
IC
SS

Legitime
1/3
1/3
1/3

Survivors
LPA
SS

Rights of the Legitimate Children


(a) Primary compulsory heirs; (b) Excludes
legitimate parents and descendants.

LPA
SS
IC

Preterition (Article 854), requisites


(a) Omitted heir must be a compulsory heir in
the direct line; (b) Complete and total
omission; and (c) Omitted compulsory heir
omitted survives the testator.
Intestate Distribution

IP
SS

SS
BSNN

Intestate of a Legitimate Child


(1) Legitimate Children and Descendant; (2)
Legitimate Parents and Ascendants; (3)

Share

Provision

(2)
(3)
(4)
and

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1 LC
SS
IC

Art. 983
Same as
in Testate
Art.895

2 or more LC
SS
IC
Testate
Art.895

Who can demand partition


(1) Compulsory heir; (2) Voluntary heir; (3)
Legatee or devisee; and (4) Any person who
acquired interest in the estate.
Art. 983
Same as
in

When partition cannot be demanded


(1) Expressly prohibited by the testator for a
period not exceeding 20 years; (2) Co-heirs
agree that the estate shall not be divided for a
period not exceeding 10 years, renewable for
another 10 years; (3) Prohibited by law; and
(4) Petitionrenders the estate unserviceable for
the use for which it is intended.

General Provisions
(7 times)
Acceptance and Repudiation of Inheritance
(Article 1041-1057, NCC)

Disinheritance (Article 915-923)


Requisites

Requisites

(1) Effected only through a valid will; (2) For a


cause expressly stated by law; (3) Cause must
be stated in the will itself; (4) Cause must be
certain and true; (5) Unconditional; (6) Total;
and (7) Disinherited heir must be designated in
such a manner that there can be no doubt as to
his identity.

(1) Certainty of the death of the decedent; and


(2) Certainty of the right to the inheritance.
Acceptance: Confirmation of transmission of
successional rights.
Repudiation: Renders transmission ineffective
[equivalent to an act of disposition and
alienation; requires publicity]

Effects
(a) Deprivation of compulsory heir; (b)
Children/descendants of the persondisinherited
shall take his or her place and shall preserve
the rights of compulsory heirs with respect to
the legitime; and (c) Disinherited parent shall
not have the usufruct or administration of the
property which constitutes the legitime.

Collation (Article 1061-1077)


What to collate
(a) Property or right received by gratuitous title
during testators lifetime; (b) All that was
received from the decedent during his lifetime;
(c) All that their parents would have brought to
collation if alive.

Common Provisions
(Article 1015-1105) (4 times)

Partition and Distribution of Estate (Article


1078-1105)

Testamentary succession

Who may effect

Legitime: Predecease of an heir, representation


exists if there are children or descendants; if
none, the others inherit in their own right.

(1) Decedent during lifetime by an act inter


vivos or by will; (2) Heirs; (3) Competent
court; and (4) 3rd person designated by the
decedent.

(i) Incapacity, same as in predecease; (ii)


Disinheritance, same as in predecease; and (iii)

10

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Repudiation by an heir, the others inherit in
their own right.

Note: Ownership may be exercised over things


or rights

Intestate succession
1. Things corporeal property
2. Rights real or personal, res of rights
corporeal or incorporeal

(i) Predecease, representation exists if there


are children or descendants; if none, the others
inherit in their own right; (ii) Incapacity, same
as in predecease; and (iii) Repudiation, there is
always accretion.

Possession
(14 times)

Capacity to succeed by will or by intestacy


(Articles 1024-1040)

It is the holding of a thing or the enjoyment of


a right. (Article 523, NCC)

Requisites

Elements

(1) Heir, legatee/devisee must be living or in


existence at the moment the succession opens;
and (2) Must not be incapacitated or
disqualified by law to succeed.

(1) Holding or control; (2)


possess; (3) Ones own right.

Intention

to

Classes of possession
(1) In ones own name or of another; (2) In
the concept of owner or holder; (3) Good faith
or bad faith

III. Property
(85 times)

Modes of acquiring ownership


(13 times)

Classification (Article 414)


All things which are or may be the object of
appropriation are considered either (1)
Immovable or real, and (2) Movable or
personal.

Donation (11 times)


Perfection (Article 734, NCC)
From the moment the
acceptance by the donee.

Ownership
(16 times)

donor

knows

of

Acceptance (Article 749, NCC)

It is the exclusive enjoyment and control of a


thing (Article 428, NCC)

(1) Incorporated in deed of donation; or


(2) via separate public instrument

Beneficial Ownership

Forms

(a) Ownership recognized by law and capable


of being enforced in court; and (b) Right to
enjoyment in one person, legal title is in
another.

Donations of movable property (Article 748,


NCC)
a. Value is >P5,000, donation and acceptance
must be in writing; otherwise, void.
b. Value is <P5,000, orally or in writing:
i. Orally, simultaneous delivery is required
(actual or constructive) for validity; or

Naked Ownership
Enjoyment of all the benefits and privileges of
ownership.

11

CEBALLOS BAR TRENDS


ii. Writing, valid although no simultaneous
delivery.
Donation of immovable property (Article 749,
NCC)

(1) Seizure of a thing; (2) Corporeal personal


property; (3) Susceptible of appropriation; (4)
Without
an
owner;
(5)
Intention
to
appropriate; (6) Requisites and conditions laid
down by law must be complied.

(a) Must always be in a public instrument


specifying the property donated and the
burdens assumed by the donee, regardless of
value; (b) Acceptance must be either in (i) The
same
instrument,
(ii)
Another
public
instrument, notified to the donor in an
authentic form, and noted in both deeds.

Intellectual Creation (1 time)


Now governed by Intellectual Property Code
and the TRIPS Agreement.
Tradition/Delivery through contracts

Grounds for revocation

Ownership of the thing sold is acquired by the


vendee from the moment of delivery, or in any
other manner signifying an agreement that
possession is transferred. (Article 1497, NCC)

(1) Supervening birth, survival, or adoption of


a child (Article 761);(2) Non-fulfillment of the
condition or charge imposed (Article 764);(3)
Acts of ingratitude of the donee. (Article 765)

Kinds

Donation mortis causa (Article 728, NCC)

(a) Real or Actual; (b) Legal or Constructive


(Symbolica,
Longa
manu,
Brevimanu,
Constitutrempossessorium);(c) Quasi-tradition;
and (d) By operation of law.

(a) Takes effect upon the death of the donor;


(b) Made in contemplation of death, without
the intention to lose the thing or its free
disposal in case of survival; (c) Title is
conveyed upon donors death; (d) Must comply
with the formalities required by law for the
execution of wills.

Easements
(12 times)
Continuous and discontinuous (Article 615,
NCC)
Continuous: not necessary that use be
incessant.
Distinction lies in the fact that in continuous
easements, exercise or enjoyment can be had
without intervention of man; while in
discontinuous
easements,
requires
intervention of man.

Ownership of thing being donated


Donation inter vivos (Article 731): ownership
shall be given to the donee upon perfection.
Illegal and impossible conditions on donation
In simple and remuneratory donations, it is
considered as not imposed. Only such
conditions are disregarded, but the donation
itself remains valid.
Occupation (1 time)

Apparent and non-apparent


Apparent - not necessary that sign be seen;
sufficient if seen or known on inspection.
Sign/s may be encountered in dominant or
servient
estate,
according
to
the
circumstances.

Things appropriable by nature which are


without an owner, such as animals that are the
object of hunting and fishing, hidden treasure
and abandoned movables, are acquired by
occupation.
(Article
713,
NCC)

Positive and negative (Article 616, NCC):


Positive: imposes on servient estate owner
the obligation of allowing something to be
done or of doing it himself.

Requisites

12

CEBALLOS BAR TRENDS


Negative: prohibits servient estate owner

Oblique Views: walls perpendicular or at an


angle to the boundary line not be 60 cm to the
nearest edge of the window.

from doing something which he could lawfully


do if the easement did not exist.
Legal and voluntary (Article 619, NCC)
Two kinds according to source.
Courts cannot impose or constitute any
servitude where none existed.
Can only declare existence if it really exists by
law or by will of owners.
No judicial easements.
Voluntary easements must be recorded in the
Registry of Property in order not to prejudice
third persons.

Party wall
Common wall which separates two estates, built
by common agreement as the dividing line such
that it occupies a portion of both estates on
equal parts.
Drainage of building
Right to divert the rain waters from ones own
roof to the neighboring estate.

Different Legal easements

Requisites

Easements relating to waters (Article 637)

(a)No adequate outlet; (b) Outlet must be


where egress is easiest and establishing a
conduit for the drainage of water; (c) Proper
indemnity.

(a) Natural drainage; (b) Drainage of


buildings(Right to divert the rain waters from
ones own roof to the neighboring estate); (c)
Easement on riparian banks for navigation,
floatage, fishing, salvage, and tow path; (d)
Easement of a dam; (e) For drawing water or
for watering animal; and (f) Aqueduct (g)
Construction of a stop lock or sluice gate.

Easement
NCC)

against

nuisance(Article 694,

Anything which(a) Injures or endangers the


health or safety of others; (b) Annoys or
offends the senses; (c) Shocks, defies or
disregards decency or morality; (d) Obstructs
or interferes with the free passage of any public
highway or street, or any body of water; (e)
Hinders or impairs the use of property.

Requisite
(1) Can dispose the water; (2) Sufficient for
use intended; (3) Most convenient and least
onerous to third persons; and (4) Indemnify
servient estate owner.
Right of way (Article 649, NCC)

Co-ownership
(8 times)

Right of owner of an estate surrounded by


other estates to be allowed to pass thru the
neighboring estates after payment of proper
indemnity.

An undivided thing or right that belongs to


different persons (Article 484, NCC)

Light and view (Article 669, NCC)

Requisites

Right to admit light from neighboring estate


through the opening of a window or making
certain openings.

(1) Plurality of owners; (2) Object is an


undivided thing or right; (3) Co-owners right is
limited to ideal share over the physical whole.

Restrictions

Characteristics

Direct Views: Observe distance of 2 meters


between the wall and the boundary; and

(1) Two or more co-owners; (2) Single object


materially or physically undivided; (3) No

13

CEBALLOS BAR TRENDS


mutual representation; (4) Exists for common
enjoyment; (5) No distinct legal personality;
(6) Governed first by contract of parties.

Right pertaining to owner of a thing over


everything incorporated or attached thereto,
naturally or artificially.

Termination

a. immovable (i) industrial, (ii) natural (alluvion


or accretion; Avulsion; change of river course;
formation of island)

(a) Consolidation or merger; (b) Destruction or


loss of the property; (c) Acquisitive prescription
in favor of third person, or repudiation by coowner; (d) Partition, judicial or extrajudicial;
(e) Termination of the period; (f) Sale.

b. movables (i) adjunction or conjunction, (ii)


commixtion or confusion, (iii) specification.

Quieting of Title
(Article 476) (1 time)

Nuisance (Article 694)


(7 times)

If there is a cloud on title to real property or


any interest therein, by reason of any
instrument, record, claim, encumbrance or
proceeding, apparently valid or effective but in
truth and in fact invalid, ineffective, voidable, or
unenforceable, and may be prejudicial to said
title, an action may be brought to remove such
cloud or to quiet the title.

Act,
omission,
establishment,
business,
condition of property, or anything else which (i)
Injures or endangers the health or safety of
others; (ii) Annoys or offends the senses;
(iii) Shocks, defies or disregards decency or
morality; (iv) Obstructs or interferes with the
free passage of any public highway or street, or
any body of water; or (v) Hinders or impairs
the use of property.

Usufruct
(1 time)

Remedies

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.
(Article
562,
NCC)

Prosecution under the RPC or ordinance;Civil


action;Abatement, without judicial proceedings.

Accession
(6 times)

Characteristics

Not a mode of ownership. Mere concomitant


right
of
ownership.
Mere
incident
or
consequence of ownership.
Kinds

(a) Real right of use and enjoyment;(b)


Temporary
duration;(c)
Transmissible;(d)
Constituted on real or personal property,
consumable or non-consumable, tangible or
intangible.

1. Accession discreta (Article 441, NCC)

Classifications

Right pertaining to owner of a thing over


everything produced thereby.

(1) Legal; (2) Voluntary; and (3) Mixed or


acquired by prescription.

(a) natural fruits; (b) industrial fruits; (c) civil


fruits.

IV. Obligations
(52 times)

2. Accession continua (Article 445, NCC)

14

CEBALLOS BAR TRENDS


Extinguishment of obligations
(Articles 1231) (22 times)

Each debtor is liable only for a proportional part


of the debt, and each creditor is entitled only to
a proportional part of the credit.

1. Payment or performance;
2. Loss of the thing due;
3. Condonation or remission of the debt;
4. Confusion or merger of the rights of
creditor and debtor;
5. Compensation;
6. Novation;
7. Annulment;
8. Rescission;
9. Fulfillment of a resolutory condition;
10. Prescription;
11. Renunciation or waiver by the obligee or
creditor;
12. Compromise;
13. Expiration of the resolutory term or
period;
14. Death of one of the contracting parties
in purely personal obligations;
15. The will of one of the contracting
parties in certain contracts; or
16. The agreement of both contracting
parties or what is sometimes known as
mutual assent or dissent.

Solidary obligation
Anyone of the debtors can be held liable for the
entire obligation, and anyone of the creditors is
entitled to demand the entire obligation.

Elements of an obligations
(2 times)
(1) Juridical or legal tie: binds the parties; may
arise from either bilateral or unilateral acts of
persons;(2) Active subject: the obligee or
creditor;(3) Passive subject: the obligor or
debtor;(4) Fact, prestation or service: the
object of the obligation.

Sources of obligations
(Article 1157) (2 times)
(1) Law; (2) Contract; (3) Quasi-contract (4)
Acts or omissions punished by law; (5) Quasidelict

Nature and effects of obligations


(Article 1163-1178) (13 times)

Kinds of civil obligations


(2 times)

(1) It represents an exclusively private


interest; (2) It creates ties which are by nature
transitory; (3) It involves the power to make
the juridical tie defective in case of nonfulfillment through satisfaction of the debtors
property.

(1) Legal; Conventional; or Penal (2) Real or


Personal (3) Determinate or generic (4) Positive
or Negative (5) Unilateral or Bilateral (6)
Individual or Collective (7) Accessory or
Principal

Classification of obligations
(Article 1179-1230) (8 times)
1.
2.
3.
4.
5.

Different kinds of prestations (Article


1156): To GIVE, to DO, or NOT TO DO.

Pure; Conditional; or With a Period


Alternative or Facultative
Joint or Solidary
Divisible or Indivisible
With a Penal Clause

V. Contracts
(43 times)
Defective Contracts
(17 times)

Joint and Solidary obligations


(Article 1207-1222) (3 times)
Joint obligation

15

CEBALLOS BAR TRENDS


Rescissible
NCC)

Contracts

(Article

1380-1389,

Defect consists in the fact that they lack


absolutely either in fact or in law one or some
of the elements of a valid contract.

Their defect consists in injury or damage either


to one of the contracting parties or to third
persons.

As a general rule, they produce no legal effect


in accordance with the principle quod
nullumproducileffectum.

Before rescission, they are valid and therefore


legally effective.

Not susceptible of convalidation


ratification or by prescription.

They are susceptible of convalidation only by


prescription, and not by ratification.

Can be attacked or assailed either by a


contracting party or by a third person whose
interest is directly affected.

They can be attacked either by a contracting


party who suffers injury or by a third person
who is defrauded.

Effect of contracts
(11 times)

Voidable Contracts (Article 1390-1402, NCC)


Defect consists in the vitiation of consent or in
the legal incapacity of one of the contracting
parties.
Susceptible
of
convalidation
either
by
ratification or prescription.
attacked

or

assailed

by

Contracts take effect only between the parties,


their assigns and heirs, the latter being liable
only to the extent of the property received from
the decedent. (Article 1311, NCC)

third

Essential requisites (Article 1318) (9


times)

Unenforceable Contracts (Article 1403-1408,


NCC)

(1) Consent;
Consideration.

Defect consists either in the fact that they were


entered into in excess or without any authority,
or they do not comply with the Statute of
Frauds, or both contracting parties are legally
incapacitated.

or

assailed

by

Object;

(3)

Cause

or

GR: Contracts are obligatory in whatever form


they may have been entered into, provided ALL
their essential requisites for its validity are
present.

Susceptible of convalidation by ratification.


attacked

(2)

Formality (Article 1356-1358)


(4 times)

Cannot be enforced by a proper action in court.

Cannot be
persons.

by

Right to set up the defense of absolute nullity


or inexistence cannot be renounced.

They can be attacked only directly, and not


collaterally.

Cannot be
persons.

either

third

EXC:(1) Law requires that a contract be in


some form in order that it may be enforceable;
and (2) Law requires that a contract be proved
in a certain way.

Void and Inexistent Contracts (Article 14091422, NCC)

Kinds of contracts
16

CEBALLOS BAR TRENDS


(2 times)

Accidental dependent on parties stipulations:


e.g.(a)
Conditions;
(b)
Interest;
(c)
Time & place of payment; (d) Penalty.

1. Consensual: perfected by mere consent


2. Real: not perfected until delivery
3. Formal or Solemn

Natural those that are


inherent even in absence of contrary provision:
e.g. warranties.

VI. Sales
(44 times)

Formation of Contract of Sale


(7 times)

Definition and Essential Requisites


of a Contract of Sale
(7 times)

Stages involved in the formation of a contract


of sale
1. Negotiation/Preparatory offer/ Solicitation;
2. Perfection; 3. Consummation.

One of the parties obligates himself to transfer


the ownership of and to deliver a determinate
thing, and the other to pay a price certain in
money or its equivalent. (Article 1458, Civil
Code)

Extinguishment of the Sale


(7 times)
(1) Payment or performance; (2) Loss of the
thing due; (3)Condonation or remission
condition; (4) Confusion or merger; (5)
Compensation; (6) Novation; (7) Annulment;
(8) Rescission; (9) Fulfillment of Resolutory
condition; (10) Prescription; (11) Conventional
Redemption; (12) Legal Redemption.

In an installment sale, it is considered a


contract of sale and not a contract to sell when
the seller did not reserve ownership until full
payment. (2001)
A person may sell something which does not
belong to him. For the sale to be valid, the law
does not require the seller to be the owner of
the property at the time of the sale. (Article
1434, NCC). If the seller cannot transfer
ownership over the thing sold at the time of
delivery because he was not the owner thereof,
he shall be liable for breach of contract. (2003)

Performance of Contract (Article


1522) (6 times)
When the seller delivers goods lesser than
agreed, the buyer may reject the goods
delivered and the latter shall have no liability.

An option is a separate contract from the


contract which is the subject of the offer, and if
not supported by any consideration, the option
contract is not deemed perfected. The option is
a separate contract and if founded on
consideration is a perfected option contract and
must be respected by the parties. (2005)

GR: When the seller delivers goods greater


than agreed, (1) Buyer may accept only the
goods included in the contract and reject the
excess; (2) Buyer may accept the entire goods
delivered and pay for them at the contract rate.
When the seller delivers mixed goods of
different description not included in the
contract, the buyer may accept and reject the
rest.

Elements
Essential for validity:
(a)
Consent;
Object/
Determinate subject matter;
Consideration

(b)
(c)

Subject matter is indivisible: Buyer may reject


the goods.

17

CEBALLOS BAR TRENDS


Seller has the duty to preserve the thing and its
accessions and accessories from the time of the
perfection of the contract of sale.

unless otherwise extended by the Authority or


unless an adequate performance bond is filed.
Saleor Selldefined under the Decree

In case of loss or deterioration, seller is liable


for damages or the buyer may seek rescission
with damages, unless due to a fortuitous event
where seller is not liable.

Every disposition, or attempt to dispose, for a


valuable consideration, of a subdivision lot,
including the building and other improvements
thereof, if any, in a subdivision project or a
condominium unit in a condominium project;

The Condominium Act/ Recto Law/


Maceda Law (R.A. No. 4726)
(5 times)

(a) Privilege given to a member of a


cooperative, corporation, partnership, or any
association; and/or (b) Issuance of a certificate
or receipt evidencing or giving the right of
participation in, or right to, any land in
consideration of payment of the membership
fee or dues. (Deemed sale)

GR: No condominium unit 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.EXC:hereditary succession.

Warranties (Articles 1545-1547)


(2 times)

As to Corporations: For Common areas in a


condominium project held by a corporation, the
40% limit of alien shareholder ownership shall
apply.

An
express
or
implied
statement
or
representation made by the seller of goods, as
part of the contract of sale, having reference to
the character, quality, or title, of the goods,
where he promises or undertakes to insure that
certain facts shall be as he represents.
In case of breach the buyer may refuse to
proceed with the contract or proceed with the
contract and waive the condition.

The Recto Law


In case of defaults in paying two or more
installments, the seller can (1) Demand
payment (specific performance); (2) Cancel or
rescind the sale; (3) Foreclose the mortgage
on the property bought (if there ever was a
chattel mortgage)

Breach of Contract
(2 times)

The Maceda Law


The Maceda Law, RA 6552, is the real estate
equivalent of the Recto Law. It doesn't apply to
sales of(a) Industrial lots; (b) Commercial
buildings and lots; and (c) Lands under the
CARP Law.

Failure without legal reason to comply with the


terms of contract, to perform any promise
which forms the whole or part of the contract.

Obligations of the Seller to transfer


ownership (2 times)

The Subdivision and Condominium


Buyers' Protective Decree (P.D. No.
957) (3 times)

GR: Seller need NOT be the owner of the thing


at the time of perfection of the contract. Seller
must have the right to transfer ownership at
the time of delivery. EXC: in foreclosure sale
wherein the mortgagor should be the absolute
owner.

It shall be incumbent upon the owner or


developer of the subdivision or condominium
project to complete compliance with his or its
obligations as provided in the decree within two
years from the date of effectivity of the Decree,

18

CEBALLOS BAR TRENDS


Transfer of ownership by the Seller to the
Buyer

Documents of the title are documents used in


the ordinary course of business in the sale or
transfer of goods, as proof of possession or
control of the goods, or authorizing the
possessor of the document to transfer or
receive goods represented by such document
(Article 1636, Civil Code).

GR: The ownership of the thing sold is acquired


by the vendee upon the moment it is delivered
to him. (Sale is absolute)EXC: Any other
manner signifying possession is transferred
from vendor to vendee. The sale in this
exception is a conditional one.

Purpose: Evidence of possession or control of


goods described therein

Parties to a Contract of Sale


(1 time)

VII. CREDIT
TRANSACTIONS (33 times)

Seller: one who sells and transfers the thing


and ownership to the buyer.
Buyer: one who buys the thing upon payment
of the consideration agreed upon.

Loan (Articles 1953-1961)


(17 times)

Price (Article 1469)


(1 time)

Mutuum or simple loan, elements:


(1) Delivery of money or any other consumable
thing; (2) Obligation of debtor to pay (not
exactly to return).

Price certain and definite terms of payment are


essential elements in a contract of sale.
Requisites

Object: Money or consumable or fungible things

(1) Real; (2) In money or its equivalent; (3)


For valuable consideration; (4) Certain or
ascertainable at the time of the perfection; (5)
Contract.

Real Mortgage
(4 times)
Objects

When price is certain


(1) Immovable; (2) Alienable real rights
imposed upon immovable.Future property
cannot be the object of a mortgage.

(a)If stipulated; or(b)If with reference to


another thing certain; or (c) If the
determination of the price is left to the
judgment of specified person(s); or (d) By
reference to certain fact(s).

Kinds
(1) Voluntary; (2) Legal; and (3) Equitable.

Transfer of Ownership
(1 time)

Essential requisites:
(1) Secure fulfillment of the principal
obligation;
(2)
Absolute
ownership
by
mortgagor of the thing mortgaged;(3) Free
disposal of property; (4) Cannot exist without a
valid obligation;(5) Thing mortgaged may be
alienated for payment of the principal
obligation, which is due; and (6) Public

Tradition or delivery is a consequence of the


sale that transfers ownership. A thing shall be
understood as delivered when placed in the
control and possession of the vendee.
Documents of Title

19

CEBALLOS BAR TRENDS


document

Pledge (Articles 2093-2123)


(3 times)

dulyrecorded.

Foreclosure of mortgage

Contract where debtor delivers to creditor or to


a third person a movable or document
evidencing incorporeal rights for the purpose of
securing the fulfillment of a principal obligation
with the understanding that when the obligation
isfulfilled, the thing delivered shall be returned
with all its fruits and accessions.

Remedy available to mortgagee by which he


subjects the mortgaged property to the
satisfaction of the obligation secured by the
mortgage.
Redemption
Reacquisition of property which was mortgaged.

Kinds

Kinds of redemption

(1) Voluntary or conventional: Created by


agreement of parties and (2) Legal: Created by
operation of law.

a. Equity of redemption: Right to redeem


mortgaged property after default in the
performance of the condition of the mortgage
but before the sale of the mortgaged property
or confirmation of sale.

Rights and duties of CREDITOR in a pledge


(1) Take care of the thing with the diligence of
a good father of a family;(2) Right to
reimbursement
of
expenses
for
its
preservation.(3) Liable for loss or deterioration
by reason of fraud, negligence, delay or
violation of the terms of the contract, but not
for fortuitous events; (4) May bring actions
pertaining to the owner of the thing in order to
recover it from, or defend it against, a 3rd
person; (5) Cannot use the thing without the
authority of the owner; (6) Use the thing if
necessary for its preservation; and (7) Claim
another thing in pledge or demand immediate
payment of the principal obligation if he is
deceived on the substance or quality of the
thing.

b. Right of redemption: Right to redeem the


property within a certain period after it was sold
for the satisfaction of the debt.

Guaranty and Suretyship


(Article 2047-2081) (3 times)
Guaranty, defined
Contract whereby a guarantor binds himself to
the creditor to fulfill the obligation of the
principal debtor in case the latter should fail to
do so.
Characteristics

Rights and duties of the PLEDGEE


(1) Accessory; (2) Subsidiary and conditional;
(3)Unilateral ;(4) Guarantor must be a person
distinct from the debtor.

(1) Cannot deposit the thing pledged with a


3rd person, unless there is a contrary
stipulation; (2) Responsible for the acts of his
agents or employees; (3) No right to use the
thing or to appropriate its fruits without
authority; (4) May cause the public sale of the
thing pledged if, without fault on his part, there
is danger of destruction, impairment or
diminution in value of the thing. The proceeds
of the auction shall be a security for the
principal obligation.

Surety
Relationship where the principal has undertaken
an obligation and a surety is also under a direct
and primary obligation or other duty to the
obligee, who is entitled to but one performance,
and as between the two who are bound, the
second, rather than the first should perform.

20

CEBALLOS BAR TRENDS


Pledgor

the same. If the safekeeping of the thing


delivered is not the principal purpose of the
contract, there is no deposit but some other
contract.

(1) Responsible for the flaws of the thing


pledged; (2) Cannot ask for the return of the
thing against the will of the creditor, unless and
until he has paid the debt and its interest, with
expenses in proper cases; (3) Allowed to
substitute the thing in danger of destruction or
impairment without any fault on the part of the
pledgee, with another thing of the same kind
and quality; (4) May require that the thing be
deposited with a 3rd person, if through the
negligence or willful act of the pledgee the thing
is in danger of being lost or impaired.

Subject matter
(1) Only movable/personal; (2)Judicial deposit
may cover movable as well as immovable
property, its purpose being to protect the rights
of the parties to a suit.
Principal purpose: Safekeeping of the thing
delivered

Extinguishment

Extinguishment

(a) Payment; (b) Sale at public auction; (c)


Return by the pledgee to the pledgor or owner;
(d) Renouncement or abandonment.

(a)loss or deterioration of the thing;(b) death


of the depositary, ONLY in gratuitous
deposits;(c) other provisions in the Civil Code
(novation, merger, etc.)

Quasi-Contracts
(3 times)

Kinds
(1)judicial - attachment or seizure of property
in litigation is ordered and (2)extrajudicial(i)
voluntary- delivery is made by the depositor or
by two or more persons each of whom believes
himself entitled to the thing deposited; and (ii)
necessary- made in compliance with a legal
obligation, or on the occasion of any calamity,
or by travelers in hotels and inns or by
travelers with common carriers.

Certain lawful, voluntary and unilateral acts


give rise to a juridical relation, to the end that
no one shall be unjustly enriched or benefited
at the expense of another.

NegotiorumGestio (Articles 2144-2152)


One voluntarily takes charge of the agency or
management of the business or property of
another, without any authority from the latter.

Antichresis(Arts. 2123-1239)
(1 time)

SolutioIndebiti(Articles 2154-2163)

Characteristics

Exists when something is received; there is no


right to demand it; and it is unduly delivered
through mistake.

1. Accessory; and 2. Formal


Special requisites
(1) Covers only fruits of an immovable
property; (2) Delivery of immovable is
necessary for the creditor to receive the fruits;
(3) Written specific amount of principal and
interest; and (4) Express agreement that
debtor will give possession of the property to

Deposit (Articles 1962-2009)


(1 time)
Constituted from the moment a person receives
a thing belonging to another, with the
obligation of safely keeping it and of returning

21

CEBALLOS BAR TRENDS


creditor and that the latter will apply the fruits
to the interest.

A contract where personal property is recorded


in the Chattel Mortgage Register as security for
the performance of an obligation.

Concurrence and Preference of


Credits (1 time)

Foreclosure
1. Public sale. 2. Private sale;There is nothing
illegal, immoral or against public order in an
agreement for the private sale of personal
properties covered by chattel mortgage.

Concurrence of Credit: implies possession by


two or more creditors of equal right or
privileges over the same property or all of the
property
of
a
debtor.

Period to Foreclose

Preference of Credit: right held by a creditor to


be preferred in the payment of his claim above
others
out
of
the
debtors
assets.

(1) 30 days from date of violation of the


mortgage condition; (2) The 30-day period is
the minimum period after violation of the
mortgage condition for the creditor to cause the
sale at public auction with at least 10 days
notice to the mortgagor and posting of public
notice of time, place, and purpose of such sale,
and is a period of grace for the mortgagor, to
discharge the obligation; (3) After the sale at
public auction, the right of redemption is no
longer available to the mortgagor.

General Provisons
1. Debtor is liable with all his property, present
and future, for the fulfillment of his obligations,
subject to exemptions provided by law.
Exempt property
Present and Future property of a debtor who
obtains a discharge from his debts on account
of insolvency, is not liable for the unsatisfied
claims of his creditors with said property;
Property in custodialegis and of public
dominion.
2. Insolvency shall
Insolvency Law

be

governed

by

VIII. GENERAL
PRINCIPLES (34 times)
Effect and Application of Laws
(Civil Code) (32 times)

the

GR: All laws are required to be published in full.


3. Exemption of conjugal property or absolute
community or property, provided that (a)
Partnership or community subsists and (b)
Obligations of the insolvent spouse have not
redounded to the benefit of the family.
4. If there is co-ownership, and one of the coowners is the insolvent debtor, his undivided
share or interest in the property shall be
possessed by the assignee in insolvency
proceedings because it is part of his assets.

EXC: (1) Municipal Ordinances; (2)Rules and


Regulations which are internal in nature; (3)
Letters of Instruction issued by administrative
supervisors on internal rules and guidelines;
(4) Interpretative regulations regulating only
the personnel of administrative agency.
EXC to EXC: Administrative rules
regulations that require publication:

5. Property held by the insolvent debtor as a


trustee of an express or implied trust, shall be
excluded from the insolvency proceedings.
Chattel Mortgage (Arts. 2140-2141)

and

(1) The purpose of which is to implement or


enforce existing laws pursuant to a valid
delegation;(2) Those penal in nature; (3)
Those which diminish existing rights of certain
individuals.

22

CEBALLOS BAR TRENDS


Human Relations (Articles 19-22, Civil
Code) (2 times)

Book I: Torts
(28 times)

Abuse of Right

Special Liability in Particular Activities (12


times)

Which itself is legal because recognized or


granted by law, may become the source of
some illegality when; exercised in a manner
which does not conform to the norms enshrined
in Art. 19 and results in damage to another; a
legal wrong is thereby committed for which the
wrongdoer must
be held responsible.

The law which governs the liability of


manufacturers
and
sellers
for
damages
resulting from defective products. It is meant to
protect the consumers by providing safeguards
when they purchase or use consumer products.
(Aquino, 2005)
Negligence (6 times)

Elements:
(1)legal right or duty; (2) duty or right
exercised in bad faith; (3) sole intent of
prejudicing or injuring another.

Omission of that degree of diligence required by


the nature of the obligation and corresponding
to the circumstances of the person, time and
place (Art. 1173, NCC).

Principle of DamnumAbsqueInjuria

Test of negligence

Damage without injury; one who merely


exercises ones rights does no actionable injury
and cannot be held liable for damages.

Would a prudent man, in the position of the


tortfeasor, foresee harm to the person injured
as a reasonable consequence of the course
about to be pursued? If so, the law imposes a
duty on the actor to take precaution against its
mischievous results, and failure to do so
constitutes negligence.

Elements of an action under Article 21, New


Civil Code
(1) An act which is illegal;(2) Contrary to
morals, good customs, public order or
policy;(3) Done with intent to injure.

Strict liability-liable independent of fault


or negligence upon proof (3 times)

Breach of Promise to Marry

One is made liable independent of fault,


negligence or intent after establishing certain
facts specified by law. Includes liability for
conversion and for injuries caused by animals,
ultra-hazardous activities and nuisance.

GR: Breach per se is not an actionable wrong.


EXC:not a mere breach of promise to marry
but constitutes one where damages, pursuant
to Article 21 of the New Civil Code may be
recovered, such as (a) When woman is a victim
of moral seduction and (b) When one formally
sets a wedding and goes through and spends
for all the preparations and publicity, only to
walk out of it when marriage is about to be
solemnized.

Classification
of
Torts-negligence,
intentional, strict liability (2 times)
Negligent torts: It involves voluntary acts or
omissions which result in injury to others,
without intending to cause the same.
Intentional torts:The actor desires to cause the
consequences of his act or believes the
consequences are substantially certain to result
therefrom. (Blacks Law Dictionary)

IX. Torts and Damages


(33 times)
23

CEBALLOS BAR TRENDS


GR: Events that transpired were unforeseen or
inevitable.
XPN:specified by law; declared by stipulation;
and nature of the obligation requires the
assumption of risk.

Strict liability: The person is made liable,


independent of fault or negligence upon
submission of proof of certain facts.
Principles (1 time)
Tort

Proximate Cause (1 time)

Civil
wrong;
persons
conduct
causes
compensable injury to a person, property or
recognized interest of another, in violation of a
duty imposed by law.

That cause, which, in natural and continuous


sequence, unbroken by any efficient intervening
cause, produces the injury, and without which
the result would not have occurred. (Article
2179)

Main functions of punishing tort:Compensation


and Restitution

Legal Injury (1 time)

To compensate persons sustaining a loss or


harm as a result of anothers act or omission,
placing the cost of that compensation on those
who, in justice ought to bear it.

Right

Prevention

A legally enforceable claim of one person


against another, that the other shall do a given
act, or shall not do a given act. (Pineda,
Persons and Family Relations, p. 23)

To prevent future losses and harm.

Injury

The tortfeasor (1 time)

Illegal invasion of a legal right; damage is the


loss, hurt, or harm; and damages are the
recompense or compensation awarded for the
damage suffered.

Persons liable for quasi-delict; Defendants in


tort cases can either be natural or artificial
beings. A corporation may be held civilly liable
in the same manner as natural persons.

Book II: Damages


(5 times)

Act of Omission and its modalities (1 time)

Moral Damages (3 times)

Act

Includes physical suffering, mental anguish,


fright, serious anxiety, besmirched reputation,
wounded
feelings,
moral
shock,
social
humiliation, and similar injury.

Any bodily movement tending to produce some


effect in the external world; unnecessary that it
be actually produced; possibility of production
is sufficient.

Awarded to enable the injured party to obtain


means, diversions or amusement that will serve
to alleviate the moral suffering he has
undergone by reason of the defendants
culpable action. (Prudenciado vs. Alliance
Transport System, Inc. 148 SCRA 440)

Fault or Negligence
Omission of diligence required by the nature of
the obligation and corresponds with the
circumstances of the person, time and place.
(Article 1173)

Recovery of moral damages

Excusable negligence

24

CEBALLOS BAR TRENDS


GR: To recover moral damages, the plaintiff
must allege and prove (a) factual basis for
moral damages and(b) causal relation to the
defendants act.EXC: Moral damages may be
awarded to the victim in criminal proceedings
without the need for pleading of proof or the
basis thereof.

or damage, as in the case of rights of bodily


immunity or rights to have ones material
property undisturbed by direct invasion.
Elements
(a) Plaintiff has a right;(b) Such right is
violated;(c) The purpose of awarding damages
is to vindicate or recognize the right violated.

General Considerations (1 time)


Temperate or Moderate Damages
Damages
Damages, which are more than nominal but
less than compensatory, and may be recovered
when the court finds that some pecuniary loss
has been suffered but its amount cannot be
proved with certainty.

The satisfaction for an injury sustained or, as


otherwise
expressed,
the
pecuniary
consequences which the law imposes for the
breach of some duty or violation of some rights.
A complaint for damages is personal in nature
(personal action).
Kinds

Elements

(a) Moral; (b) Exemplary; (c) Nominal; (d)


Temperate; (e) Actual; and (f) Liquidated.

Some pecuniary loss;Loss is incapable of


pecuniary estimation;the damages awarded are
reasonable.

Miscellaneous Rules (Art. 2203) (1 time)

Exemplary or Corrective Damages

Duty of the injured party

Imposed by way of example or correction for


the public good, in addition to moral,
temperate,
liquidated
or
compensatory
damages;

The injured party is obligated to undertake


measures that will alleviate and not aggravate
his condition after the infliction of the injury or
nuisance. The injured party has the burden of
explaining why he did not do so (Article 2203,
New Civil Code).

Rationale: required by public policy, for


wanton acts must be suppressed. They are
intended to serve as a deterrent to serious
wrongdoings and as a vindication of undue
sufferings and wanton invasion of the rights of
an injured or a punishment for those guilty of
outrageous conduct.

Actual and Compensatory Damages


Comprehends not only the value of the loss
suffered but also that of the profits which the
obligee failed to obtain. The amount should be
that which would put the plaintiff in the same
position as he would have been in had he not
sustained the wrong for which he is now getting
compensation or reparation. To recover
damages, the amount of loss must not only be
capable of proof but must actually be proven.

Damages in case of death


Rules:
The plaintiff is entitled to the amount that he
spent during the wake and funeral of the
deceased. Defendant is liable for the loss of the
earning capacity of the deceased.

Nominal Damages
Awarded for the infraction of a legal right,
where the extent of the loss is not shown, or
where the right is one not dependent upon loss

If the deceased was obliged to give support, the


recipient who is not an heir called to the
decedent's inheritance by the law of testate or

25

CEBALLOS BAR TRENDS


intestate succession, may demand support from
the person causing the death, not exceeding
five years, the exact duration to be fixed by the
court.

consisting of an original copy and the owners


duplicate certificate delivered to the owner.
Effects: placed under the Torrens system;
relieved from all claims except those noted
thereon; title becomes imprescriptible; land
becomes incontrovertible and indefeasible;
certificate is no longer subject to collateral
attack.

The
spouse,
legitimate
and
illegitimate
descendants and ascendants of the deceased
may demand moral damages for mental
anguish by reason of the death of the
deceased.

Non-registrable Properties
Property of Public Dominion
(2 times)

X. LAND TITLES AND


DEEDS (17 times)

Forest or timberland
(a) Foreshore land and seashore; (b)
Mangrove swamps; (c) Mineral Lands; (d)
Military Reservations; (e) Navigable rivers
streams & creeks; (f) Lakes; (g) Watershed;
(h) Grazing Lands; (i) Previously titled Land;
(j) Alluvial Deposit along river when manmade.
Subsequent Registration

Torrens System
(6 times)
System for registration of land under which, the
court may, after appropriate proceedings, direct
the register of deeds to issue a certificate of
title.
Purpose

Title issued by the Register of Deeds in Favor of


a transferee to whom the ownership has been
transferred by any legal mode of conveyance.

(1)avoid possible conflicts of title; and (2)


facilitate relative transactions by giving the
public the right to rely on a Torrens certificate
of title.

XI. Lease
(12 times)

Dealings with Unregistered Land


(5 times)

Rights and Obligations of Lessor


and Lessee (Arts. 1654-1679)
(7 times)

In cases of unregistered lands, Under Act 3344,


registration
of
instruments
affecting
unregistered lands is without prejudice to a
third party with a better right. Exception to the
rule on registered lands, (where the exception

The Lessor is obliged to (1) Deliver the thing


which is the object of the lease contract in such
a condition as to render it fit for the use
intended; (2) To make on the same during the
lease all the necessary repairs in order to keep
it suitable for the use to which it has been
devoted, unless there is a stipulation to the
contrary; (3) To maintain the lessee in the
peaceful and adequate enjoyment of the lease
for the entire duration of the contract.

to the rule on registered).

Original Registration
(4 times)
Original certificate of title (OCT) is the First title
issued in the name of the registered owner by
virtue of judicial or administrative proceedings,

26

CEBALLOS BAR TRENDS


The Lessee is obliged (1) To pay the price
according to the terms stipulated;(2) To use
the thing leased as would a diligent father of a
family, devoting it to the use stipulated; and in
the absence of stipulation, to that which may
be inferred from the nature of the thing leased,
according to the custom of the place;(3) To
pay the expenses for the deed of lease.

In default of a special stipulation, the custom of


the place shall be observed with regard to the
kind of repairs on urban property for which the
lessor shall be liable. In case of doubt it is
understood that the repairs are chargeable
against him.
Duration: If the period for the lease has not
been fixed, it is understood to be (a) from year
to year, if the rent agreed upon is annual; (b)
from month to month, if it is monthly; (c) from
week to week, if the rent is weekly; and (d)
from day to day, if the rent is to be paid daily.

Lease of Things (Art. 1643)


(2 times)

Note: However, even though a monthly rent is


paid, and no period for the lease has been set,
the courts may fix a longer term for the lease
after the lessee has occupied the premises for
over one year. If the rent is weekly, the courts
may likewise determine a longer period after
the lessee has been in possession for over six
months. In case of daily rent, the courts may
also fix a longer period after the lessee has
stayed in the place for over one month.

In the lease of things, one of the parties binds


himself to give to another the enjoyment or use
of a thing for a price certain, and for a period
which may be definite or indefinite. However,
no lease for more than ninety-nine years shall
be valid.

Lease of Rural and Urban Lands


(Arts. 1646-1653) (2 times)
Leases of Rural Lands

Common Carriers
(Articles 1732-1766) (1 time)

The lessee shall have no right to a reduction of


the rent on account of the sterility of the land
leased, or by reason of the loss of fruits due to
ordinary fortuitous events; but he shall have
such right in case of the loss of more than onehalf of the fruits through extraordinary and
unforeseen fortuitous events, save always when
there is a specific stipulation to the contrary.

Common carriers are persons, corporations,


firms or associations engaged in the business of
carrying or transporting passengers or goods or
both, by land, water, or air, for compensation,
offering their services to the public.
Common carriers are responsible for the loss,
destruction, or deterioration of the goods,
unless the same is due to (1) Flood, storm,
earthquake, lightning, or other natural disaster
or calamity; (2)
Act of the public enemy in
war, whether international or civil; (3) Act or
omission of the shipper or owner of the goods;
(4) The character of the goods or defects in
the packing or in the containers; (5) Order or
act of competent public authority.

Extraordinary fortuitous events include fire,


war,
pestilence,
unusual
flood,
locusts,
earthquake, or others which are uncommon,
and which the contracting parties could not
have reasonably foreseen.
Duration: The lease of a piece of rural land,
when its duration has not been fixed, is
understood to have been for all the time
necessary for the gathering of the fruits which
the whole estate leased may yield in one year,
or which it may yield once, although two or
more years have to elapse for the purpose.

The common carriers duty to observe


extraordinary diligence over the goods remains
in full force and effect even when they are
temporarily unloaded or stored in transit,
unless the shipper or owner has made use of
the right of stoppage in transitu.

Lease of Urban Lands

27

CEBALLOS BAR TRENDS


Acquisitive Prescription
If the common carrier negligently incurs delay
in transporting the goods, a natural disaster
shall not free such carrier from responsibility.

Requires: possession + good faith + just title +


time (below)
Movable property by possession = 4 years
(1132, NCC)

A stipulation between the common carrier and


the shipper or owner limiting the liability of the
former for the loss, destruction, or deterioration
of the goods to a degree less than
extraordinary diligence shall be valid, provided
it be (1) In writing, signed by the shipper or
owner;
(2)
Supported
by
a
valuable
consideration other than the service rendered
by the common carrier; and (3) Reasonable,
just, and not contrary to public policy.

Immovable property = 10 years (1134, NCC)


Other real rights = 30 years, without need of
just title or good faith
(a.k.a. Extra-ordinary Acquisitive Prescription)
(1137, New Civil Code)
Prescription of Civil Actions

Any of the following or similar stipulations shall


be considered unreasonable, unjust and
contrary to public policy:

If not specified, counted from the time action


may be brought.

(1) That the goods are transported at the risk


of the owner or shipper; (2) That the common
carrier will not be liable for any loss,
destruction, or deterioration of the goods; (3)
That the common carrier need not observe any
diligence in the custody of the goods; (4) That
the common carrier shall exercise a degree of
diligence less than that of a good father of a
family, or of a man of ordinary prudence in the
vigilance over the movables transported; (5)
That the common carrier shall not be
responsible for the acts or omission of his or its
employees; (6) That the common carriers
liability for acts committed by thieves, or of
robbers who do not act with grave or irresistible
threat, violence or force, is dispensed with or
diminished; (7) That the common carrier is not
responsible for the loss, destruction, or
deterioration of goods on account of the
defective condition of the car, vehicle, ship,
airplane or other equipment used in the
contract of carriage.

Forcible Entry
Unlawful Detainer
Defamation
Claim against the estate by a minor or
mentally incapacitated (from removal of
such incapacity).

Actions(for/based on):

Must be brought within= 1 year

(Art. 1147, NCC, Rule 74 Sec.5, RC)


Actions (for/based on):
Claim against the estate = 2 years from death
(Rule 74 Sec.1, RC)
Injury upon rights; Quasi- delict = 4 years (Art.
1146, NCC)
All others not specified by NCC = 5 years (Art.
1149, NCC)

Contract for a Piece of Work (Art. 1467)

Oral contracts; Quasi-contracts = 6 years (Art.


1145, NCC)

By the contract for a piece of work the


contractor binds himself to execute a piece of
work for the employer, in consideration of a
certain price or compensation. The contractor
may either employ only his labor or skill, or also
furnish the material.

Recovery of movables = 8 years from when lost


(Art. 1140, NCC)
Real actions over Immovable property = 30
Years (Art. 1141, NCC)

28

CEBALLOS BAR TRENDS


Prescription of Civil Actions

Right of Way, Abating a public or private


nuisance = Imprescriptible (Art. 1143, NCC)

If not specified, counted from the time action


may be brought.

Actions(for/based on):

(in years)

Mortgage action
Written contract
Obligation Created by Law
Judgment

Forcible Entry
Unlawful Detainer
Defamation

(Art. 1142, 1144, NCC)

Claim against the estate

XII. Prescription
Injury upon rights
Prov
isio
n

All others not specified by


NCC

Oral contracts

(NC
C)

Immovable
property

10 years

Other real rights

30 years

114
6

114
9

Quasi-contracts
Recovery of movables

4 years

Rule
74
Sec.
1

Quasi- delict

Acquisitive Prescription

Movable
property by
possession

2
from
death

(10 times)

11
47
Rule
74
Sec.
5

Claim against the estate by


a minor or mentally
incapacitated (from
removal of such incapacity)

Must be brought within= 10years

Requires: possession + good faith + just title +


time (below)

(NC
C)

1132
from
when lost

114
0

1134
1137

without need of just title or


good faith

Mortgage action
Written contract
Obligation Created by
Law
Judgment

10

11
42

Real actions over

30

114
1

Imprescri
ptible

114
3

114
4

(a.k.a. Extra-ordinary Acq.


Pres.)
Immovable property
Prescription of Civil Actions

Right of Way

If not specified, counted from the time action


may be brought.
Action
(for/based on)

Must be
brought
within

Abating a public or private


nuisance

Pro
visi
on

29

XIII. Partnership
(10 times)

CEBALLOS BAR TRENDS


intent of the contracting parties to divide the
profits among themselves.

Dissolution
(2 times)
Limited Partnership
(Article 1843) (4 times)

Extrajudicial Dissolution (Article 1830)


Caused (1) Without violation of the agreement,
by termination of the definite term or particular
undertaking specified in the agreement; or by
express will of the partner who must act in
good faith when no definite term or particular
undertaking is specified; (2) With violation of
the agreement; it may be dissolved by any
partner at any time; (3) In case of occurrence
of any event that makes it unlawful for the
partnership to continue; and (4) When a
specific thing promised to be contributed
perishes before delivery.

A limited partnership is one formed by two or


more persons having as members one or more
general partners and one or more limited
partners, the latter not being personally liable
for partnership debts.
It requires a certificate or articles of limited
partnership
(which
states
the
matters
enumerated in Article 1844), which must be
signed and sworn and filed for record with the
SEC.
A limited partner has no management powers
except those performed with the ratification of
any general partnersact of strict dominion (as
found in Article 1850).

Rights and Obligations of Partners


among Themselves (1 time)
(a) Contribute what has been promised; (b)
Warrant property contributed in case of
eviction; (c) Deliver the fruits of the property
gained at the time they should have been
delivered, without need of any demand; and
(d) When contribution consists of goods, the
amount thereof must be determined by proper
appraisal of their value at the time of
contribution.

The name of a limited partner shall not appear


in the partnership name unless it is also the
name of a general partner or prior to the time
when the limited partner became such, e.g. the
business had been carried on under a name in
which his surname appeared.

Contract of Partnership
(2 times)

XIV. Agency
(6 times)

Elements (Article 1767)


(1)Valid contract; (2) Parties are legally
capacitated; (c) There must be a mutual
contribution of money, property or industry to a
common fund;(d) For the primary, lawful
purpose of obtaining profits, to be divided
among the parties;(e) With at least one
general partner.

Definition of Agency
(2 times)
A contract of agency is one whereby a person
(agent) binds himself to render some service or
to do something in representation or on behalf
of another (principal), with the consent or
authority of the latter. (Article 1868)

Test of existence: (Art. 1769)


(1) Whether or not there is an agreement to
contribute money, property or industry to a
common fund; and (2) Whether or not there is

Powers

30

CEBALLOS BAR TRENDS


Agency Requiring Special Powers of
Attorney (1 time)

To carry out the agency which he has accepted.


(Article 1884)
To answer for damages which, through his nonperformance, the principal may suffer. (Article
1884)

(a) To make such payments as are not usually


considered as acts of administration; (b) To
effect novations which put an end to obligations
already in existence at the time the agency was
constituted; (c) To compromise, to submit
questions to arbitration, to renounce the right
to appeal from a judgment, to waive objections
to the venue of an action or to abandon a
prescription already acquired; (d) To waive any
obligation gratuitously; (e) To enter into any
contract by which the ownership of an
immovable is transmitted or acquired either
gratuitously or for a valuable consideration; (f)
To make gifts, except customary ones for
charity or those made to employees in the
business managed by the agent; (g) To loan or
borrow money, unless the latters act be urgent
and indispensable for the preservation of the
things which are under administration; (h) To
lease any real property to another person for
more than one year; (i) To bind the principal to
render some service without compensation; (j)
To bind the principal in a contract of
partnership; (k) To obligate the principal as a
guarantor or surety; (l) To create or convey
real rights over immovable property; (m) To
accept or repudiate an inheritance; (n) To
ratify or recognize obligations contracted before
the agency; (o) Any other act of strict
dominion.

To finish the business already begun prior to


the death of the principal should delay entail
any danger. (Article 1884)
In case a person declines an agency, he is
bound to observe the diligence of a good father
of a family in the custody and preservation of
the goods forwarded to him by the owner until
the latter should appoint an agent or take
charge of the goods. (Article 1885)
To advance necessary funds should there be a
stipulation to do so.
To act in accordance with the instructions of the
principal, and in default thereof, to do all that a
good father of a family would do

Rights and Obligations of


Principal/Agent (2 times)
Obligation of Principal to Agent
(1) Comply with all the obligations which the
agent may have contracted within the scope of
his authority and in the name of the principal.
(Article 1910); (2) To advance to the agent,
should the latter request, sums necessary for
the execution of the agency (Art. 1912); (3) To
reimburse the agent for what the latter has
advanced, with interest, even if the business
was not successful, provided the agent was free
from fault. (Article 1912); (4) To indemnify
the agent for all damages, which the execution
of the agency may have caused the latter
without fault or negligence on his part. (1913);
(5) To Pay the Agent the compensation agreed
upon, or if no compensation was specified the
reasonable value of the agents service. (Article
1875)

Modes of Extinguishment
(1 time)
Article 1919
1.Expiration of the period; 2. Death, civil
interdiction, insanity or insolvency of the
principal or the agent; 3.withdrawal of the
agent
Agency couched in general terms
An agency couched in general terms comprises
only acts of administration, even if the principal
should state that he withholds no power or that
the agent may execute such acts as he may

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consider appropriate, or even though the
agency should authorize a general and
unlimited management. (Article 1877)

XV. Compromise and


Arbitration (2 times)
Definition
(1 time)
It is a contract whereby the parties, by making
reciprocal concessions, avoid a litigation or put
an end to one already commenced. (Article
2028)
Every civil action or proceeding
suspended: (Article 2030)

shall

be

(1) If willingness to discuss a possible


compromise is expressed by one or both
parties; or (2) If it appears that one of the
parties, before the commencement of the
action or proceeding, offered to discuss a
possible compromise but the other party
refused the offer.
The duration and terms of the suspension of the
civil action or proceeding shall be governed by
the rules of court as the Supreme Court shall
promulgate. Said rules of court shall likewise
provide for the appointment and duties of
amicable compounders.
No compromise upon the following questions
shall be valid (Article 2035)
(1) The civil status of persons; (2) The validity
of a marriage or legal separation; (3) Any
ground for legal separation; (4) Future
support; (5) The jurisdiction of courts; (6)
Future
legitime.
(Article
2035)

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