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PERSONS AND FAMILY RELATIONS NEW CIVIL CODE took effect on August 30, 1950 Effectivity of laws GENERAL GENERAL RULE: Laws take effect 15 days following the completion of its publication EXCEPTION: EXCEPTION: Unless Unless otherwise otherwise provided by the law. This refers to the 15 day period and NOT to the requirement of publication. (Tanada ( Tanada vs. Tuvera) Tuvera) NOTE: Admini Administr strati ative ve rules rules and regula regulati tions ons must must also also be publis published hed if their their purpose purpose is to enforce or implement existing laws pursuant to a valid delegation. The publication must be in full since its purpose is to inform the public of the contents of the law. (Phil. ( Phil. Int’l Trading Corp. vs. Angeles) Angeles) Ignorance of the law excuses no one considered considered a CONCLUSI CONCLUSIVE VE presumptio presumption n and and appl appliies only nly to mandatory and and prohibitory laws. (Consunji vs. CA) Non-retroactivity Non-retroactivity of laws GENERAL GENERAL RULE: Laws have no retroactive effect. EXCEPTIONS: (UCIPELT) (UCIPELT ) EXCEPTIONS: 1. Unless the law otherwise provides 2. Curative statutes 3. Interpretative statutes 4. Procedural/remedial 5. Emergency laws 6. Laws creating new rights 7. Tax laws EXCEPTIONS EXCEPTIONS TO THE EXCEPTIONS: 1. Ex post facto laws 2. Laws that impair obligation of contracts Acts Contrary To Law GENERAL GENERAL RULE: Acts which are contrary to mandatory or prohibitory laws are void. EXCEPTIONS: EXCEPTIONS: 1. When the law itself authorized its validity
Waiver of rights Requisites: (EKI) 1. Existence of a right 2. Knowledge of the existence of a right 3. Intention to relinquish the right GENERAL RULE: Rights can be waived. GENERAL EXCEPTIONS: EXCEPTIONS: 1. If the waiver is contrary to law, p orde order, r, publ public ic polic policy, y, mora morals ls or customs (LPPMG) 2. If the waiver is prejudicial is prejudicial to a third with a right recognized by law.
Laws applicable 1. Penal laws and laws of public security territoriality rule governs laws laws of the the Phil Philip ippi pine ne govern upon ALL those who live or so in it
2. Laws relating to family rights and duti
to the status, condition and legal capac persons nationality rule applies laws laws of the the Phil Philip ippi pine nes s will will go citizens, regardless of their residence EXCEPTION: EXCEPTION: When When a marri marriage age bet Fili Filipi pino no citi citize zen n and and a fore foreig igne nerr is celebr celebrate ated d and a divorc divorce e is therea thereafte fte obtained abroad by the alien capacitating him or her to remarry, the Fi spous spouse e shal shalll like likewi wise se have have the the capa capa rema remarr rry y unde underr Phil Philip ippi pine ne law. law. ( Article Article Family Code) Code)
NOTE: domiciliary rule supplants the natio rule in cases involving stateless persons
3. Laws on property Sign up to vote on this title
lex rei sitae applies Useful real property, asNot welluseful as pe rsonal prope prop subject to the law of the country wher situated
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perso ersona nall law of an individual is his domicile LEX NATIONALII Art. 15, CC Citizenship is the basis for determining the personal law applicable
Covers family rights & duties, status, condition & legal capacity Exception: Art. 26, par. 2 of Family Code
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personal law of an individual is hi s citizenship
LEX REI SITAE Art. 16, CC Law of the place where the property is situated is the basis for determining law applicable Covers both real & personal property
LEX LOCI CLEBRATIONIS Art. 17, CC Law of the place where the contract was executed is the basis for determining law applicable
Exceptions: (CIAO) 1. Capacity to succeed 2. Intrinsic validity of the will 3. Amount of successional rights 4. Order of succession
Exceptions: 1. Art. 26, par. 1 of Family Code (marriage involving Filipinos solemnized abroad, when such are void in the Philippines) 2. Intrinsic validity of contracts
Covers only the forms & solemnities (extrinsic validity)
Renvoi Doctrine Where the conflict rules of the forum refer to a foreign law, and the latter refers it back to the internal law, the latter (law of the forum) shall apply. NOTE: If the the fore foreig ign n law law refe refers rs it to a thir third d country, country, the said country’s country’s laws shall govern, and is referred to as the transmission theory . Doctrine of Processual Presumption The The fore foreig ign n law, law, when whenev ever er appl applic icab able le,, should be proved proved by the proponent proponent thereof; otherwise, such law shall be presumed to be exactly the same as the law of the forum.
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EXCEPTION: EXCEPTION:
Art. 26, par. 2 Family Code
Example: Divorce law
Prejudicial Question GENERAL RULE: If both both crimin criminal al and GENERAL cases are filed in court, the criminal case precedence. EXCEPTION: When When ther there e is a pr EXCEPTION: question or a question that arises in a cas resolution of which is a logical antecedent issue issue involv involved ed herein herein,, and the cogniz cogniz which pertains to another tribunal.
Requisites (Sec. Sec. 7, Rule Rule 111, 111, Ru Court ) a. Previ eviousl usly inst nstituted civil involves an issue similar or intim rela relate ted d to the the issu issue e rais raised ed subsequent criminal action, and b. The resolution of such determines whether or not the cr action may proceed
NOTE: The Civil vil Code has has suppl application in matters governed by special
PERSONS CIVIL PERSONALITY apti aptitu tude de of bein being g the the subj subjec ect, t, ac passive, of rights and obligations
JURIDICAL CAPACITY TO CAPACITY Fitness to be the Power to do act w subject of legal legal effects relations Passive Active Inherent Merely acquired Lost only through Lost through deat death other causes Can exist without Cannot exist witho capacity to act juridical capacity Cannot be limited or Can be restricted, Sign up to vote on thismodified title restricted or limited Useful Not useful THEORIES ON CAPACITY TO ACT THEORY OF THEORY OF
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stances where the capacity to act is restrained
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upon them or those which can be implied therefrom or incidental thereto
Natural persons NERAL RULE: LE: Birt Birth h dete determ rmin ines es GENER personality. EXCEPTION: The law considers the EXCEPTION: conc concei eive ved d chil child d as born born for for all all pur purpose poses s favorable to itit if born alive. Therefore, the the child has has a presumed presumed personalit personality y , whic which h has has two two characteristics: 1. limited; an and 2. provisional/conditional (Quimiguing (Quimiguing vs. Icao) Icao) NOTES:
The presumption as to the child’s personality applies only in cases beneficial to the child.
The The conc concep eptt of prov provis isio iona nall pers person onal alit ity y CANNOT be invoked to obtain damages for and in behalf of an aborted child. (Geluz ( Geluz vs. CA) CA)
When is a Child Considered Born GENERAL RULE: For civil purposes, the fetus GENERAL is considered considered born if it is alive at the time it is completely delivered delivered from from the mother’s womb. EXCEPTION: If the fetus had an EXCEPTION: intrauterine life of less than 7 months, it is not deemed born if it dies within 24 hours after its complete delivery from the maternal womb. Presumption of survivorship Two Two or more more person persons, s, called called to succee succeed d each other, shall be presumed to have died at the same time, subject to the following conditions: 1. parties are heirs to one another 2. no proof as to who died first 3. with do doubt as to who died fifirst NOTE: Article 43 applies when the parties are called to succeed each other. other. But if the parties are not called to succeed each other, Rule 131, Sec. 3 (jj) of the Rules of Court applies. Both are to be applied only in the a bsence of facts.
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creati ating or reco ecogniz nizing them hem; corp corpor orat atio ions ns are are gove govern rned ed by BP partnershi partnership p and associations associations are govern the the prov provis isiions ons of this his Code ode co partnerships. Cessation of Civil Personality 1. If nat natur ural al per perso sons ns:: by dea death th 2. If juridical pers ersons: ns: by termina existence
CITIZENSHIP AND DOMICILE RESIDENCE DOMICIL used to indicate a denotes a FIXED PLACE OF ABODE, PERMANENT whether permanent or RESIDENCE, wh temporary when absent, one the intention of returning there can be several There can only be places of residence ONE place of dom
Elements of Domicile a. Phys Physic ical al pres presen ence ce in a fix fixed ed pl b. Inte Intent ntio ion n to rema remain in perm perm (animus manendi )
Kinds of Domicile 1. Domici Domicile le of origi origin n - receiv received ed by a pe birth. 2. Domicile of choice - the place freely ch by a person sui juris. juris. 3. Cons Constr truc ucti tive ve domic domicil ile e - assign assigned ed to by law at the time of his birth.
ii. ii. FAMIL MILY CO CODE took effect August 3, 1988
MARRIAGE A spec specia iall cont contra ract ct of perm perman anen en between a man and a woman entered accordance with law for the establishm conj co njug ugal al toand famil fam ily ytitlelife life.. Its Its Sign up vote on this conseq consequen uences ces and incid incidents ents are Useful Not useful law and cannot be the subject of stipula Essential requisites requisites:: (LC)
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2. Valid Marriage License arriage ceremony ceremony where where the contractin contracting g 3. Marriage parti parties es appe appear ar befo before re the the sole solemn mniz izin ing g officer, with their personal declaration that the take each other as husband and wife in the presence of not less than two witnesses of legal age Effects: 1. Absence of essential or formal requisites
2.
the marriage is void ab initio Defect in any of the essential requisites
3.
The is marriage voidable Irregularity in any of the formal requisites Does NOT affect affect the validi validity ty of the marriage marriage BUT will will hold hold the party responsible for such irregularity liable
Persons Authorized To Solemnize Marriages: (PMJCCC) 1. priests, rabbis, and ministers of any church 2. municipal and city mayors 3. members of the j the judiciary udiciary 4. ship captains or air plane chiefs 5. commanders of military unit, in the absence of chaplain 6. consul generals, consuls or vice-consuls Authorized Venues Of Marriage GENER GENERAL AL RULE: RULE: Must Must be sole solemn mniz ized ed publicly, and not elsewhere, elsewhere, in the: 1. chambe chambers rs of of the the judge judge or or in open open court court 2. chur church, ch, chap chapel el or temp temple le 3. offi office ce of cons consul ul-g -gen ener eral al,, cons consul ul or vice vice-consul EXCEPTIONS: EXCEPTIONS: 1. mar marriag riage e at the point oint of deat death h (arti articu cullo mortis); 2. marriage in remote places 3. marria marriage ge at a house house or place place desig designat nated ed by the parties with the written request to the solemnizing officer
Marriages Exempt Requirement: (MOLAR)
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3. of a man and a woman who have
together as husband and wife for at le years and without legal impediment to each other NOTE: The 55-ye year ar pe perriod sh shou ou computed on the basis of a cohabitati husband and wife where the only m factor is the marriage contract to valida unio un ion. n. Th This is 55-ye year ar per perio iod d sh shoul ould d years yea rs im immed mediat iately ely bef before ore the day marr ma rria iage ge an and d it sh shou ould ld be a pe cohabitati cohabi tation on charac characteri terized zed by exclus meaning no third party was involved a time within the 5 years and continuity is unbroken ( Ninal Ninal vs. Bayadog , GR ). 133778 March 14, 2000
NOTE: In the case of Man Manzan zan Sanchez (G.R (G.R.. No. MTJMTJ-00-13 00-1329, 29, 08, 2001), 2001), the Supreme Court laid dow requ re quis isit ites es to av avai aill th the e ex exem empt ptio ion n Article 34 of the Family Code : 1. Th The e man and and wom woman an mus mustt hav living together as husband and w at least five years before the marria 2. The parties must have n impediment to marry each other; 3. The fact fact of of absenc absence e of lega legall imped imped between the parties must be pres the time time of marriage; 4. Th The e pa part rtie ies s mu must st ex exec ecut ute e an stating that they have lived togeth at least five years [and are without impediment to marry each other; an 5. Th The e solemn solemniz izin ing g officer officer must must exe sworn statement that h ascert asc ertain ained ed the qua qualif lifica icatio tions ns parties and that he had found no impediment to their marriage
4. in articulo mortis 5. in r emote emote places
NOTE: A marriage license is valid only fo days days Sign from fromupdate da ofonissu isthis sue, e,title in any any part part o tote vote Philippines. Useful Not useful
License Foreign Marriages
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reco recogn gniz ized ed in the the Phil Philip ippi pine nes s if proh prohib ibit ited ed because: (MABB-PIP) 1. contracted by a national who is below 18 years of age 2. bigamou igamous s or polyga polygamou mous s (excep (exceptt as provided for in Art. 41, FC) 3. contracted through mistake of one party as to the identity of the other contracted followin following g the annulment nnulment or 4. contracted decl declar arat atio ion n of null nullit ity y of a prev previious ous marriage but before partition 5. void due to psychological incapacity 6. incestuous 7. void for reasons of p of public policy Validity of divorce: RULE: A divorce validly obtained abroad by the alien spouse, capacitating him/her to remarry can allow the Filipino to remarry. EXCEPTION: The The rule rule will will not not appl apply y if the the EXCEPTION: divorce was obtained by the Filipino spouse. GENERAL GENERAL
NOTE: A Filipino wife remains the lawful wife of the Filipino husband despite a decree of divorce obtained abroad by the wife. However, if the wife is already a foreigner at the time of the divorce, she ceases to be the lawful wife of the Filipino husband. This, notwithstanding, if at the time of the marriage the wife was still a Filipino, and subseq subsequen uently tly acquir acquires es citize citizensh nship ip of anothe another r country, thereby rendering her to have the legal capac capacit ity y to obta obtain in a decr decree ee of divo divorc rce, e, the the Fili Filipi pino no husb husban and d rema remain ins s a spou spouse se of the the former. This situation is not covered by Art. 26, par.2 par.2 which which requir requires es that, that, at the time of the marriage, one of the parties is already an alien.
VOID MARRIAGES A. Due to absence of any of the essential requisites: (BB-LAPIS) 1. contracted by any party below 18 years of age even with parental consent 2. sole solemn mniz ized ed by any any pers person on not not lega legall lly y authorized to perform marriages unless one or both of the parties believed in good faith that that the solemn solemnizi izing ng office officerr had the legal legal authority to do so
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6. subsequent marriages that are void 7.
Article 53 of the Family Code contracted by a party who at the time marriage was psychologically incapacit
B. Incest cestu uous marri arriag ages es,, wh whet eth h relationship be legitimate or illegiti (Article 37): 1. between ascendants & descenda any degree 2. between brother rothers s & sisters isters full or half-blood
C. Those Those contra contrary ry to public public polic policy y (A 38): (SCAPS-SAKA) 1. between collater ollateral al blood blood whether legitimate or illegitimate illegitimate up to t civil degree 2. between step-parents & step child 3. between parents-in-law & childr law 4. between between the adopt doptin ing g pare parent nt adopted child 5. between the surviving spouse o adopting parent & the adopted child 6. between the surviving spouse o adopted child & the adopter betwee een n an adopted child 7. betw legitimate child of the adopter 8. between the adopted children o same adopter 9. between parties where one, wit intention to marry the other, killed the la spouse, or his/her spouse
NOTE: Under Under the FC, the followi following ng can marry each other: a. Brot Brothe herr-in in-l -law aw and and siste sisterr-in in-l -law aw b. Step Stepbr brot oth her an and step steps sist ister; er; c. Guardian and ward; d. Adop Adopte ted d and ille illegi giti tim mate ate chi child o adopter; Sign up to vote on this title e. Parties wh who have been conv Useful Not useful adultery or concubinage.
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woul wouldd-be be spou spouse se were were in bad bad fait faith h in contracting marriage (Article 44) NOTE: Where there was failure to record in the civi civill regi regist stry ry and and regi regist stry ry of prop proper erty ty the the judgment of annulment or of absolute nullity of the marri marriage age,, partit partition ion and distri distribut butio ion n of the property of the spouses and the delivery of the childr children’ en’s s presum presumpti ptive ve legiti legitimes mes it shall shall not affect third persons (Articles 52-53). NOTE: Even if a marriage is void, it must be declared void first because the parties cannot decide decide for themse themselve lves s the invali invalidit dity y of their their marriage. VOID Decree of nullity Never be ratified
VOIDABLE Decree of annulment Ratified by free cohabitation or Attacked directly only
Attac ttacke ked d dire direct ctly ly collaterally Co-ownership Always void Action Action for declarati declaration on of nul nullity ity does does not prescribe
Conjugal Partnership Valid until annulled Action prescribes
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1. burden of proof belongs to the plaintiff
2. root root cause cause of the the psyc psycho holo logi gica call in must be: a. medica medically lly or clini clinical cally ly iden identi tifie fied d b. alle allege ged d in in the the com compl plai aint nt c. suffic sufficien ientl tly y prov proven en by expert experts s d. expl explai aine ned d in the the deci decisi sion on 3. incapa incapacit city y must must be exist existing ing at at the time time celebration of marriage 4. incapa incapacit city y must must be perma permanen nentt or incur incur 5. illness ess is gra grave enough ugh to bri brin disability to assume marital o bligations 6. marita maritall obligat obligation ions s refer refer to Art. Art. 68-7 68-7 as well as Art. 220,221 and 225 of the 7. inte interp rpre reta tati tion ons s of the the Nati Nation onal al Ap Matrimonial Tribunal of the Catholic C of the the Phil Philip ippi pine nes s whil while e not not co should be given great respect. 8. trial cour ourt must order the pros pros attorney or fiscal and the Solicitor Gene appear for the state.
invo involv lves es a sens sensel eles ess, s, prot protra ract cted ed and and constant refusal to comply with the essential marita maritall oblig obligati ations ons by one or both both of the spou spouse ses s alth althou ough gh he, he, she she or they they are are phys physic ical ally ly capa capabl ble e of perf perfor ormi ming ng such such obligations (Chi (Chi Ming Tsoi vs. CA CA))
BIGAMOUS MARRIAGES GENERAL RULE: A marriage contract GENERAL any person during the subsistence of a pre valid marriage shall be null and void.(Gome void.(Gome Lipana) Lipana) EXCEPTIONS: EXCEPTIONS: When the condit conditio ions ns concur concur,, the subseq subsequen uentt bi marriage shall be valid: 1. absence of the other spouse must been for four consecutive years, o years where there was danger of d 2. well ell-founded belief of the spouse that absent spouse was al dead 3. judici judicial al declar declarati ation on of presum presumpti ptive ve
Essential elements: (MAVFFCCI) a. Mental condition pplies es to a pers person on who who is mari marita tall lly y b. Appli contracted to another c. Marriage entered into with volition d. Failure ailure to perfor perform m or comply comply with the essential obligations in marriage e. Failure to perform is chronic f. Cause is psychological in nature
EFFECTS OF TERMINATION SUBSEQUENT MARRIAGE: (ICADI) 1. Chil hildren dren of the the subs subseq eque uent nt ma conceived conceived prior to its termination termination sh considered legitimate; Sign up to vote on this title absol bsolut ute e Not comm couseful mmun unit ity y or 2. The Useful partner nership shall be dissolve liqui liquidat dated. ed. If either either spouse spouse acted acted faith, his/her share in the net profits sh
Psychological Psychological Incapacity no exac exactt defi defini niti tion on but but is rest restri rict cted ed to psychological incapacity “to comply with the essential marital obligations of marriage”
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valid valid exce except pt if the the done donee e cont contra ract cted ed the the marriage in bad faith; 4. The innoc nnocen entt spou spouse se may may revo revoke ke the the designation of the spouse in bad faith as the beneficiary in any insurance policy; and 5. The spouse who contracted the subsequent marriage in bad faith shall be disqualified to inherit from the innocent spouse by testate or intestate succession. NOTE: The The abov above e effe effect cts s appl apply y in void voidab able le bigamous marriages. Except for (1), the above effe effect cts s also also appl apply y to marr marria iage ges s whic which h are are annulled or declared void ab initio under Art. 40 of the Code. DECLARATION OF PRESUMPTIVE DEATH Requisites: (MR-BF) 1. That the absentee spouse has been missing for 4 consec consecuti utive ve years years or 2 consec consecuti utive ve years if the disappearance occurred where there is danger of death under circumstances laid down in Art.391 of the NCC emarry; 2. The present spouse wishes to r emarry; 3. The present spouse has well-founded belief that the absentee is Dead; The pres presen entt spou spouse se f iles a sum summary ary 4. The proceeding fo r the declaration of presumptive death Effect of Reappearance of Absent Spouse: RULE: The subsequent bigamo bigamous us marria marriage ge under under Articl Article e 41 remain remains s valid valid despit despite e reappe reappeara arance nce of the absent absentee ee spouse. EXCEPTION: If the the reap reappe pear aran ance ce was was EXCEPTION: made in a sworn statement recorded in the civil registry, the subsequent marriage is “automatically terminated.” EXCEPTION TO THE EXCEPTION: EXCEPTION: If there EXCEPTION was a previous judgment annulling or declaring the the firs firstt marr marria iage ge a nulli nullity ty,, the the subs subseq eque uent nt bigamous marriage remains valid. GENERAL GENERAL
VOIDABLE MARRIAGES Grounds: (UP-FAVS) 1. Age of the party in whose behalf it is sought to have the marriage annulled was 18 years
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3. Fraudulent raudulent means of obtaining obtaining conse 4. 5.
6.
either party Vitia itiate ted d cons consen entt of eith either er part party y force, intimidation or undue influence Physi hysica call inca incapa pabi bili lity ty of eith either er pa consum consummat mate e the marria marriage ge with with the and such incapacity incapacity continues continues and to be incurable Sexuall exually-t y-tran ransmi smissi ssible ble diseas disease e of party found to be serious and appears incurable
NOTE: Mode Mode of rati ratifi fica cati tion on for for Nos. Nos. COHABITATION. In Nos. 5 & 6, there rati ratifi fica cati tion on to spea speak k of sinc since e the the de permanent. The latter can be convalidated by prescr prescript iption ion,, i.e. i.e. 5 years years from from the da marr marria iage. ge. Spec Specif ific ical ally ly,, in no.5 no.5,, the the spouse may still annul the marriage within after celebration.
Circumsta Circumstances nces amountin amounting g to Fraud Fraud Article 46: (SPND) 1. Non-disclosure of a previous convicti final judgment of the other party of a involving moral turpitude; 2. Concealment by the wife of the fact t the time of the marriage, she was P by a man other than her husband; 3. Concea Concealm lment ent of a Sexually exually trans disease, regardless of its nature, exist the time of the marriage; and 4. Concealme Concealment nt of Drug addic addictio tion, n, alcoho alcoholi lism, sm, homose homosexua xualit lity y or les existing at the time of the marriage.
NOTE: Misr Misrep epre rese sent ntat atio ion n as to ch health, rank, fortune or chastity is not a g for annulment. NOTE: The enum enumer era ation tion in Arti Articl cle e EXCLUSIVE. ( Anaya Anaya vs. Palaroan) Palaroan )
Ground Sign up to votePersons on this title (F2I2NS) Who May useful Useful Not Sue 1. Force, Injure ured pa party intimidation,
Prescrip Period
w/in 5 ye from the tim
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husband. 3. Incapability to consummate
Injure ured pa party
4. Insanity
a. sane spouse who has no knowledge of the insanity b. relatives, guardians or persons having legal charge of the insane c. insane spouse a. parent/ legal guardian having charge of the “no-consent” party b. ”no consent “ party injured party
5. Nonconsent
6. STD
w/in 5 years after the celebration of the marriage a. anytime before the death of either party b. anytime before the death of either party c. during lucid interval or after regaining sanity
a. anytime before the “no consent” party reaches 21 b. w/in 5 years after reaching 21
w/in 5 years after the celebration of the marriage
NOTE: In Nos. 1, 2, 4, and 5, when cohabitation takes place after the defect ceases to exist, the pres prescr crip ipti tive ve peri period od is rend render ered ed moot moot and and academ demic. Whic hichever ever come omes first may conv conval alid idat ate e the the marr marria iage ge:: Cohabitation or Prescription. Prescription. Requisites for annulment due to Impotence under Art.45(5) (CUPIN) a. Impote Impotence nce exists exists at the time time of the celebration of the marriage b. The impotence is permanent c. incurable d. The impotence is unknown to the other spouse
Requis Requisite ites s for for annul annulmen mentt due due to under Article 45(6) (ICSIIF) (ICSIIF) 1. Eith Either er part party y is infli nflict cted ed with with a transmissible disease (STD) 2. STD must exist at the time the marria celebrated 3. STD must be serious 4. STD must be apparently incurable 5. Party not afflicted by STD must be of the other’s affliction ree from STD 6. Injured party must be f ree ADDITIONAL REQUIREMENTS ANNULMENT ENT OR DECLARATIO NULLITY 1.Prosecuting attorney or fiscal should: a. Take steps to prevent between the parties b. Take care that evidence fabricated or suppressed 2.The following must be accomplished: a. Partition and distribution properties of the spouses b. Deli Delive very ry of the the chil childr dren’ en’s s pres pres legitimes c. Recording of the judgm annulment or absolute nullity
RULE RULE ON DECL DECLAR ARAT ATION ION OF ABSO ABSO NULLITY OF VOID MARRIAGES ANNU ANNULM LMENT ENT OF VOIDA VOIDABL BLE E MARRI MARRI (A.M. 00-11-01-SC) took effect on March 15, 2003 this Rule shall govern petitio decl declar arat atio ion n of abso absolu lute te null nullit ity y marr marria iage ges s and and annu annulm lmen entt of marria marriages ges under under the Family Family Code Code Philippines. the Rules of Court has supp application fo r a more compre discussion on the procedural aspects Sign up to vote on this title Rule, Rule, please please refer refer to the Remed UsefulAid. Not useful Memory LEGAL SEPARATION
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3. 4. 5. 6. 7. 8. 9. 10.
75170312 Digests for Persons
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chi child of the the peti petiti tion oner er,, to enga engage ge in pros prosti titu tuti tion on,, or conn conniivanc vance e in suc such corruption or inducement attempt by the respondent against the life of the petitioner final judgment sentencing the respondent to imprisonment of more than 6 years even if pardoned drug addiction or habitual alcoholism of the respondent lesbi esbia anism nism or hom homosex osexua uallity of the the respondent aband bandon onme ment nt of the the peti petiti tion oner er by the the respon responden dentt witho without ut justif justifia iable ble cause cause for more than 1 year physic physical al violen violence ce or moral oral pres pressu sure re to compel compel petiti petitione onerr to change change religi religious ous or political affiliation contracti contracting ng by respondent respondent of a subsequent subsequent bigamous marriage; and sexual infidelity or perversion.
NOTES:
Cooling Cooling-off -off Period Period – 6 mont months hs peri period od designed to give the parties enough time to further contemplate their positions with the end end in view view of atta attain inin ing g reco reconc ncil ilia iati tion on between them. The enumer enumerati ation on in Articl Article e 55 regard regarding ing legal separation is EXCLUSIVE. EXCLUSIVE. (Lacson vs. San Jose-Lacson) Jose-Lacson)
Grounds for denial of petition: (CCCC-MP-DR) ondona nati tion on -NOT -NOTE: E: fail failur ure e of the the a. Condo husband to look for his adulterous wife is NOT NOT cond condon onat atiion to wife's e's adul adulttery. ery. (Ocampo vs. Florenciano) Florenciano) b. Consent c. Connivance d. Collusion e. Mutual Guilt f. Prescription g. Deat eath of eit either her party arty duri uring the pend pende ency ncy of the case (Lapu Lapuzz-Sy Sy vs. vs. Eufemio) Eufemio)
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c.
In the abse absenc nce e of an ag betw betwee een n the part arties ies, the cou design designate ate the husband husband,, the wife, wife, person to manage the absolute comm or conjugal partnership property.
Effects of decree of decree of legal separation: a. The spou spouse ses s shal shalll be enti entittled t separately from each other but the ma bond is not severed. b. The absol bsolut ute e comm ommunity nity or partner nership shall be dissolve liquidated. c. The The cust custod ody y of the the mino minorr chil childr dr be awarded to the innocent spouse su to the provisions of Art. 213 of the Code d. The offending spouse sh disqualified from inheriting from the inn spou spouse se by inte intest stat ate e succ succes essi sion on provisions in favor of the offending sp made in the will of the innocent spouse be revoked by operation of law. e. The inno innoce cent nt spou spous se may may rev donations made by him/her in favor o offending spouse, as well as the design of the latter as beneficiary in any insu policy, even if the designat irrevocable.
Effects of Reconciliation of Reconciliation of the Spouses a. The lega legall separat separation ion proce proceedi edings, ngs, pendi pending, ng, shal shalll ther thereb eby y be term termin in whatever stage. b. The fina finall decree decree of of legal legal separa separatio tio be set aside, but the separation of pro and and any any forf forfei eitu ture re of shar share e of th spouse already effected shall subsist, u the spouses spouses agree agree to revive revive their their property regime. RULE ON LEGAL SEPARATION (A.M. 02-11-11-SC) took effect on March 15, 2003 this this Rule Rule shall shall govern govern petiti petitions ons for separa separatio tion n under under the Famil Family yCode Code Sign up to vote on this title Philippines; the Rules of Court shall Useful Not useful suppletorily
please refer to the Remedial Law Me Aid for the procedural provisions of the
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5. join jointt respon responsib sibil ility ity for the suppor supportt of the 6.
family management of the household
Exercise of Profession GENERAL GENERAL RULE: Husb usband and & wife can engage in any lawful lawful enterprise enterprise or profession profession without the consent of the other. EXCEPTION: EXCEPTION: Upon objection of the other spou spouse se only only on vali valid, d, seri seriou ous s and and mora morall grounds, ds, may the former’s consent be necessary. Property Relations Between Husband & Wife Governed by: 1. marr marria iage ge sett settle leme ment nts s exec execut uted ed befo before re the marriage or antenuptial agreements 2. provis provision ions s of of the the Famil Family y Code Code 3. loca locall cust custom oms s (whe (when n spou spouse ses s repu repudi diat ate e absolute community) MARRIAGE SETTLEMENTS It is a contract entered into by the future spouses spouses fixing fixing the matrim matrimoni onial al proper property ty regi regime me that that shou should ld gove govern rn duri during ng the the existence. Requisites: 1. made before celebration of marriage 2. in writing (even modifications) 3. signed by the parties 4. not prejudice third persons unless registered in the civil registry 5. to f ix ix terms and conditions of their property relations 6. addi additi tion onal al sig signat nator orie ies s a. 1818-21: 21: par parents ents b. civil civil inter interdic dictee tees s & disable disabled: d: guardi guardian an Not applicable when: 1. both both spous spouses es are alie aliens ns,, even if marr marrie ied d in the Philippines 2. as to extr extrins insic ic vali validit dity y of contr contract acts s 3. cont contra rary ry stip stipul ulat atio ion n DONATIONS BY REASON OF MARRIAGE Requisites: (COBB) 1. made before celebration of marriage
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Present Property
Future property
Grounds for revocation
the rules on ordinary donations except that if future property is donated, it must conform with formalities of wills May be donated but up to 1/5 of donor’s present property May be included provided donation is mortis causa Art. 86, FC
rules on donation (Arts. 725 773, NCC
No limit except th donor sh leave pro enough f support Cannot b included
Arts. 7 & 765, N
Rule on Donation Between Spouses Du Marriage GENERAL GENERAL RULE: RULE: VOID VOID,, eith either er di indirect donation EXCEPTIONS: EXCEPTIONS: 1. mode modera rate te gift gifts s on occas occasio ions ns of celebrations 2. dona donati tion ons s mor morti tis s cau causa sa NOTE: This rule also applies to commo spouses. ( Article Article 87, Family Code )
Grounds for Revocation (VIRAL-CN) 1. marriage Not celebrated or declared init initio io exce except pt thos those e made made in ma settlements 2. marriage without parental Consent 3. marriage is Annulled and donee is in faith Sign L upegal to vote on this title 4. upon separation, the donee bein guilty spouse Not useful Useful 5. complied Resolutory condition 6. donee commits acts of I of Ingratitude
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GENERAL GENERAL
RULE: Communit Community y property property shall consist of all property owned by the spouses at the time of the marriage or acquired thereafter. EXCEPTIONS: (BEG) EXCEPTIONS: 1. proper property ty acquir acquired ed befor efore e the the marr marria iage ge by eith either er spou spouse se who who has has legi legiti tima mate te desc descen enda dant nts s by a form former er marriage 2. property fo r personal and exclusive use except jewelry prop proper erty ty acqu acquir ired ed duri during ng the the 3. marr marria iage ge by gratuit ratuitous ous title title,, except except when when the the dono donor, r, test testat ator or or gran granto tor r expressly provides otherwise NOTE: No waiver of rights allowed during the marriage except in case of judicial separation of prop proper erty ty.. The waive aiverr must must be in a publ public ic instrument. Administration of the community property GENERAL RULE: RULE: It shal shalll belo belong ng to both both GENERAL spouses jointly. EXCEPTIONS: EXCEPTIONS: 1. In case of disagreement, husband’s decision shall prevail. 2. In case one spouse is incapacitated or unable to participate in the the admi admini nist stra rati tion on of the the comm common on properties, properties, other spouse may assume sole powers. NOTE: These powers do not include: a. Dispositi Disposition on b. encumbrance encumbrance NOTE: Any alienation or encumbrance is void if without the written consent of the other spouse Rule on Game of Chance LOSS: Shall be borne by the loserspou spouse se and and shal shalll not not be charg charged ed to the the community property WINNINGS WINNINGS:: Shall Shall form part of the community property Steps in Liquidation of AC: (IP-DDP) 1. Inventory a. Invent Inventory ory of Commun Communit ity y Prop Propert erty y b. Inve Invent ntor ory y of separ separat ate e prop proper erty ty of the wife
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property if any 4. Division of the net community assets 5. Delivery of presumptive legitimes, if a the children CONJUGAL PARTNERSHIP OF GAINS (C It is that formed by a husband and whereby they place in a common fun fruit fruits s of their their separa separate te proper property, ty, income from their work or industry, the to be divided between them equally genera generall rule) rule) upon upon the dissol dissoluti ution on marriage or the partnership.
Conjugal Partnership Property: (LC 2 FON 1. obtain obtained ed from from labor abor,, indus industr try, y, wo profession 2. acquired by chance 3. acquired during the marriage with funds 4. f ruits ruits of the conjugal property 5. acquired through occupation 6. net fruits of their exclusive property 7. share of either spouse in hidden treasu
Exclusive Property Of Each Spouse: (OG that which which is brough broughtt to the mar 1. that his/her o his/her own 2. acquired during the marriage by g title ight of r edemption, edemption, bar 3. acquired by r ight exchange with property belonging to spouse 4. purchased purchased with exclusive xclusive money spouse
Rules In Cases Of Improvement Of Excl Property 1. Reverse Reverse Accession Accession – if the the cos impro improvem vement ent and the plus plus value value than the value of the principal property time time of the the impr improv ovem emen ent, t, the the becomes conjugal Sign up to – vote on this title 2. Accession if the cost of the improve of plus value is equal Useful useful to or less tha the Not value of the principal property at the ti the the impr improv ovem emen ent, t, the the enti entire re be th cl iv ty
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75170312 Digests for Persons
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Payment of d of debts to each spouse Payment of o of obligations to third parties Delivery of exclusive properties Paymen Paymentt of losses osses and deteri deteriora orati tion on of movables belonging to each spouse Delivery of p of presumptive legitimes Divis ivisio ion n of the the net net conj conjug ugal al part partne ners rshi hip p properties
NOTE: Prope Property rty bought bought on instal installm lment ents s paid paid partly from exclusive funds of the spouses and partly form conjugal funds: a. If full full owne owners rshi hip p was veste vested d befor before e the marriage – it shall belong to the buyerspouse b. If full full owne owners rshi hip p was veste vested d durin during g the marriage - it shall belong to the conjugal partnership
Charges Upon And Obligations Of AC and CP: 1. Supp Suppor ortt for for fami family ly exce except pt for for ille illegi giti tima mate te children of either spouse; 2. Deb Debts and and obl obliga igation tions s which hich must ust have have been contracted: a. by admi admini nist stra rato torr-sp spou ouse se for for the the bene benefi fitt of the family; b. by both both spou spouse ses; s; or c. by one one spous spouse e with with the cons consen entt of the other; 3. Deb Debts and obli bligat gations ions withou thoutt mari arital tal consent provided the family was benefited; 4. All All tax taxes, es, liens, ens, char charge ges s and and expen xpense ses s including major or minor repairs upon the community or conjugal property; NOTE: However, However, in conjugal conjugal partnershi partnership, p, actual use actual use need not be proved because it is presumed . 5. All taxes and expenses for mere preservation made during the marriage upon the exclusive property of either spouse used by the family; 6. Expens Expenses es for educat education ion or selfself-im impro provem vement ent of either spouse; 7. Ante Ante-n -nup upti tial al debts debts of eithe eitherr spou spouse se inso insofa far r as they have redounded to the benefit of the family; 8. The valu value e of what what is is donate donated d or promi promised sed b
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The separate properties shall be soli and subsidiarily liable for the obligati the commun community ity or conjug conjugal al proper proper insufficient.
The absolute community property sha be liable liable for ante-nupti ante-nuptial al debts ment above, support of illegitimate children liab liabil ilit itie ies s incu incurr rred ed by eith either er spou spou reason of a crime or quasi-delict in ca insolvency of the exclusive property debtor-spouse. Payment of which sh adva advanc nced ed by the abso absolu lute te co prop proper erty ty,, subj subjec ectt to dedu deduct ctio ion n fr share of the debtor-spouse.
The The conj conjug ugal al part partner nersh ship ip prop proper er likew likewise ise be liable liable for the payment payment personal debts of either spouse insof they have redounded to the benefit o family.
Grou Ground nds s For For Term Termin inat atio ion n Of Ab Comm Commun unit ity y And And Conj Conjug ugal al Part Partne ne (LADS) 1. decree of l of legal separation 2. annul nnulme ment nt or decl declar arat atio ion n of nu marriage 3. death of either spouses 4. judicial separation of property
REGIME OF SEPARATION OF PROPERT Causes: (CLAAPS) a. peti petiti tion oner er’’s spous pouse e has sentenced with a penalty which carrie it civil interdiction; loss oss of pare parent ntal al auth author orit ity y b. petitioner’s spouse as decreed by the c c. peti petiti tion oner er’’s spous pouse e has judicially declared an absentee; abandon bandonmen mentt by the pet d. spou spouse se and and fail failur ure e to comp comply ly wi obligations to the family; Sign up to vote on this title spou spouse se gran grantted pow e. Useful Not useful admi admini nist stra rati tion on in marr marria iage ge se abused such power; and f. at the time of the petition, petition, spo
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the the valu value e of thei theirr prop proper erti ties es.. Howe Howeve ver, r, the the liability of the spouses to the creditors for family expenses is solidary .
PROPERTY REGIME OF UNIONS WITHOUT MARRIAGE Art. 147 Art. 148 Applicability 1. Without 1. With legal legal impediment to impediment to marry marry 2. Adulterous 2. Void relationships marriages due 3. Bigamous to absence of or formal polygamous requisite marriages 4. Incestuous void marriages under Art. 37 5. Void marriages by reason of public policy under Art. 38 Salaries & Wages
Owned in equal shares
Separately owned by the parties
Property Acquired Exclusively by Either Party
Belongs to such party provided there is proof that he/she acquired it by exclusive funds
Belongs to such party
Property Acquired by Both Parties
Governed by the rules on co-ownership
Owned by them in common in proportion to their respective contributions
Presumption
Presumption
No
extent actual contribut there is a presump of equal sharing. Forfeiture
When only one of the parties is in good faith, the share of the party in bad faith in the coownership shall be forfeited: a. in favor of their common children; or b. in default of or in case of waiver by any or all of the common children or their descendants, in favor of the innocent party.
If one of parties is validly m to anothe his/her sh in the coownershi shall acc the absol abso commun conjugal partnersh existing i such vali marriage If the par who acte bad faith validly m to anothe both part are in ba faith, suc share sh forfeited manner provided the last paragrap Article 14
THE FAMILY Basic social institutition which public p cher cheris ishe hes s and and prot protec ectt henc hence, e, between membes of the family shall pr unless the compromise between the p Sign up to vote on this title have failed Useful Not useful FAMILY RELATIONS INCLUDE: FAMILY 1. betw betwee een n husb husban and d and and wif wife e
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EXCEPTIONS: EXCEPTIONS:
1. 2.
3. 4. 1. 2. 3. 4.
5.
6.
(PLMN) debts incurred prior to constitution debts due to laborers, aborers, mechanics, mechanics, architects architects,, builders, builders, material men and others others who have have render rendered ed servic service e or furnished materials for the construction of the building debts secured by mortgages non-payment of taxes
Guidelines: deem deemed ed cons consti tittute uted from rom tim time of act actual ual occupation as a family residence must must be owne owned d by perso person n consti constitut tuting ing itit must must be perm perman anen entt rule rule appli applies es to valid valid and and voida voidabl ble e and even even to common-law spouses under Articles 147 and 148 cont contiinues nues despi espitte deat death h of one or more ore spouses or unmarried head of the family for 10 years, or as long as a minor beneficiary lives can cons constit titute ute one one (1) (1) family family home home only only
PATERNITY AND FILIATION Rule on Children Conceived as a Result of Artificial Insemination Insemination Status Status is legitimat legitimate e child child , prov provid ided ed both both husband and wife authorized or ratified the insemination in a written instrument which they executed and signed before the birth of the child
Legitimate Children GENERAL RULE: Only those who are are GENERAL conceived or born during a valid marriage EXCEPTIONS: (CAVALAC) EXCEPTIONS: Those children who are 1. Conc onceive eived d as a resul esultt of artificial insemination orn of a voidabl oidable e marria marriage ge before before 2. Born decree of annulment 3. Conceived or born before judgment of annulment or absolute nullity under Art. 36 has become final & executory
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7. Legi egitim timated ated,,
conc onceiv eived and and outsid outside e of wedloc wedlock k of parent parents s impedi impedime ment nt at the time time of conc and had subsequently married
Illegitimate Illegitimate Children GENERAL GENERAL RULE: Those conceived conceived and outside a valid marriage are illegitimate. illegitimate. EXCEPTIONS: EXCEPTIONS: Children who are: 1. born of marriages which are vo initio such as bigamous and inces marriages and marriage was dec void for being contrary to law and policy 2. of voida voidabl ble e marri arriag ages es born born af decree of annulment
Rules on Impugning Legitimacy A. Grounds (PBA) 1. physical impossibility of the husband to sexual intercourse with his wife within t 120 120 days days of the the 300 300 days days imme imme preceding the child’s birth, due to: a. phys physic ical al inc incap apac acit ity y of the the hu b. husb husban and d and the the wife wife wer wer separately; or c. serious illness of the whic which h abso absolu lute tely ly prev preven ente ted d intercourse iological cal or scient scientifi ific c proof proof 2. biologi chil child d coul could d not not have have been been that that husband; and 3. written authorizati uthorization on or ratificat ratificat either parent for artificial insemination obtained obtained through through mistake, mistake, fraud, fraud, vio intimidation or undue influence.
B. Prescriptive periods 1. one year , from knowledge of bi recording in the civil register, if husba heirs lives in the SAME city/municipality 2. two years, years, if resides in the Phils. 3. three years, years, if abroad Sign up to vote on this title C. Parties useful Useful RULE Not GENERAL GENERAL RULE: : Only Only the the husb husban an impugn EXCEPTION: EXCEPTION: The heirs, if the husband
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Rule on the Status of Children born after 300 days following Termination of Marriage A. Requi Requisit sites es (TS-W (TS-WBN BN)) 1. first marriage terminated 2. moth mother er cont contra ract cted ed subsequent marriage 3. subsequent marriage was contracted within 300 days after termination of previous marriage 4. child was born 5. no evidence as to status of child B. Rules Rules as to whom whom the child child belongs belongs 1. to first first marria marriage ge,, if chi child was bor born bef before the lapse pse of 180 days ays after nd celebr celebrati ation on of 2 marriage marriage provided provided born within 300 days after termination of the 1 st marriage 2. to second marriage, marriage, if child was born after 180 days following celebration of 2nd marriage whether born within 300 days after termination of 1st marriage or afterwards Rights of the Children LEGITIMATE ILLEGITIMATE Use of father & Use of mother‘s mother’s surname surname NOTE: However, RA 9255 amended Article 176, FC Receive support from Receive support parents according to FC Entitled to the legitime Legitime is ½ of the & other successional legitime of a legitimate rights child R.A. No. 9255 An Act Allowing Illegitimate Children to use the surname of their Father, amending for the purpose Article 176 of EO No. 209, otherwise known as the "FAMILY CODE OF THE PHILIPPINES": Approved February 24, 2004 Illegitimate children may use the surname of their father if: 1. their eir filiation has been express essly recognized by the father through the record of birth appearing in the civil register, or
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conc concep epti tion on are are not disq disqua uali lifi fied ed marrying each other c. There is a valid marriage subsequ the child’s birth
ADOPTION A. Domes Domesti tic c Adopt Adoption ion Act Act of 1998 1998 (R.A. NO. 8552)
Who may adopt: (LPG-CANE) 1. Filipino Citizen: Citizen : of legal age a. of l b. in a positi osition on to suppor supportt and ca his/ his/her her chil childr dren en in keep keepin ing g wi means of the family c. good moral character d. in posses possessio sion n of full full civil ivil cap legal rights e. at least 16 years older than the ado except when: 1) adop adopte terr is the biol biologic ogical al par the adoptee 2) adopter is the spouse adoptee’s parent f. has not been been convict convicted ed of any involving moral turpitude g. emotionally and psychologically ca of caring for children Alien: 2. Alien:
a. same same qualif qualifica icatio tions ns as as a Fil Filipi ipino no b. countr country y has diplo diplomat matic ic relat relatio ions ns wi Phil. c. has been living in the Phil. for at three (3) continuous years prior t applicatio application n for adoption adoption and mai such residence until the adoption is entered, except when 1) former Filipino citizen who see adopt a relative within the 4th Sign upof toconsanguinity vote on this titleor affinity 2) one who seeks to ad Not or useful Useful legi legiti tima mate te ille illegi giti tima mate te his/her Filipino spouse one who who is marr marrie ied d to a 3) one
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his/her country as his/her adopted child
3. Guardian – with respect to the ward after term termiinati nation on of the guar guardi dia anshi nship p and clearance of his/her financial accountabilities Pre-Adoption Services the DSWD shall provide for the following services: a. couns counsel elli ling ng servic services es for for the the biol biologi ogica call parents, parents, prospectiv prospective e adoptive adoptive parents parents and prospective adoptee b. exhaust all efforts to locate the biological parents, if unkown Rule on Adoption by Spouses GENERAL GENERAL RULE: The husband and the wife shall JOINTLY adopt. EXCEPTIONS: EXCEPTIONS: 1. one sp spouse se seeks to to a do dopt th the legitimate child of the other 2. one spouse seeks to adopt his/her own illegitimate child 3. the the spo spous uses es are are leg legal ally ly separ eparat ated ed
Who may be adopted: 1. any person below 18 years of age who has been volunt voluntari arily ly commit committed ted to the DSWD DSWD unde underr P.D. P.D. 603 603 or judi judici cial ally ly decl declar ared ed available for adoption 2. legitimate stepchild 3. illegitimate stepchild 4. qualified adult, who, prior to the adoption, has been been consis consisten tently tly consid considere ered d by the adopter as his/her own child since minority; 5. child whose adoption has been previously rescinded 6. child whose biological or adoptive parents have have died, died, provid provided ed that that no procee proceedin dings gs shall be initiated within 6 months from the time of death of said parents
Consent in Adoption (BAILAS) The WRITTEN CONSENT to the adoption is The required in the following cases: 1. the adoptee, if 10 years of age or over
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5. spouse of the adopter and adoptee
Effe Effect cts s of Ado Adop ption tion:: (SAL (SAL)) 1. Sever verance nce of legal gal ties ties betw betwee ee biological parents and the adoptee an same shall be vested in the adopters. EXCEPTION: EXCEPTION: if the biolo biologic gical al par the spouse of the adopter 2. Adoptee shall be considered as a legit child child of the adopter( adopter(s) s) for all intent intent purposes. 3. In legal or intestate succession, the ad and the adopte adopter( r(s) s) shall shall have have rec rights of succession without distinction legitimate filiation. However, if there is the rules on testamentary succession be followed.
Rescission of Adoption Grounds: (ASAR) 1. attempt on the life of the adoptee 2. sexual assault or violence 3. abandon bandonmen mentt and failur failure e to com parental obligations epeated physical or verbal maltreatme 4. r epeated the adopter NOTES:
Only the adoptee is given the right to re the decree of adoption
The adopter can NOT rescind the dec the adoption but he or she may disinhe adoptee.
Effects: a. Parent ental authority of a biolog biologica icall parent parents s or legal legal cus DSWD DSWD shall shall be restored if adop still a minor or incapacitated. b. Reciprocal rights and obligations adop adopte ter( r(s) s) and and the the adop adopte tee e other shall be extinguished . c.Sign The Thup e to amend ame nded edthis certi certitle tifi fica cate te of birt birt vote on adop adopte tee e shal shalll be canc cancel elle led d Useful Not useful original shall be restored. d. Succ Succes essi sion on right ghts shal hall rev rever status prior to the adoption, but v
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citizen citizen permanentl permanently y residing residing abroad abroad where the the peti petiti tion on is file filed, d, the the super supervi vise sed d tria triall custody is undertaken, and the decree of adoption is issued outside the Philippines.
Who may be adopted: a. Only Only a “legall “legally-f y-free ree chil child” d” may be be the subje subject ct of inter-country adoption NOTE: “Legally-free Child” - a child who has has been been volu volunt ntar aril ily y or invo involu lunt ntar aril ily y committed to the DSWD of the Philippines, in accord accordanc ance e with with the Child Child Youth Youth and Welfare Code. b. No chi child shal shalll be match tched to a forei oreign gn adoptiv adoptive e family family unless unless it is satisf satisfact actori orily ly show shown n that that the the chil child d cann cannot ot be adop adopte ted d locally.
Who may adopt: Any alien or Filipino citizen perman permanent ently ly residi residing ng abroad abroad may file file an applicatio application n for inter-country inter-country adoption of a Filipino child if he/she: 1. is at least 27 years years of of age and at at least least 16 16 years older than the child to be adopted, at the the time time of the the appl applic icat atio ion n unle unless ss the the adopter adopter is the parent by nature nature of the child to be adopted or the spouse of such parent 2. if marrie married, d, his/her his/her spouse must jointl jointly y file file for the adoption 3. has has the capac capacit ity y to act and and assum assume e all righ rights ts and and resp respon onsi sibi bili liti ties es of pare parent ntal al authority under his national laws, and has undergone the appropriate counselling from an accredited counsellor in his/her country 4. has not been convicted of a crime involving moral turpitude 5. is eligibl eligible e to adopt adopt under his/her his/her national national law 6. is in in a posit position ion to to provide provide the proper proper care and and suppo support rt and and to give give the the nece necess ssar ary y moral oral value alues s and and exam exampl ple e to all his his children, including the child to be adopted 7. agrees agrees to upho uphold ld the the basic basic rights rights of of the child as embodied embodied under Philippin Philippine e laws, laws, the the U.N. U.N. Conv Conven enti tion on on the the Righ Rights ts of a Chil hild, and and to abi abide by the rules ules and and regulations issued to implement the Inter-
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9.
possesses all the qualifications and the disqualifications under the Inter-Co Adoption Act and other her ap Philippine laws
Inter-Country Adoption Board acts acts as the the cent centra rall auth auth matters relating to inter-country adoptio The The Boar Board d shal shalll ensu ensure re possib possibil iliti ities es for the adopti adoption on of the under the Family Code have exhausted and that inter-country adop in the best interest of the child.
Trial Custody: 6 months from the time of placement 1. star starts ts upon upon actu actual al physi physica call transf transfer er o chil hild to the appl appliicant cant who, ho, as custodian, shall exercise substitute pa authority over the person of the child. 2. the the adop adopti ting ng paren parent( t(s) s) shall shall submi submi govern governmen mental tal agency agency or author authorize ize accr accred edit ited ed agen agency cy,, whic which h shal shalll transmit a copy to the Board, a pro report of the child’s adjustment.
NOTES:
If the pre-ad pre-adopt optive ive relati relations onship hip is unsatisfactory by the child or the applic both, or if the foreign adoption agency that the continued placement placement of the not not in the chi child’s d’s best est inter nteres es rela relati tion onsh ship ip shal shalll be susp suspend ended ed Board and the foreign adoption agency arrange for the child’s temporary care.
If a satisfactory pre-adoptive relations formed between the applicant and the the Board shall submit the written cons the adoption to the foreign adoption a within 30 days after receipt of the la request.
A copy of the final decree of adoption child, including cer tificate uphip/ to vote title citi itSign izens zenshi p/na nattural uron aliithis zati zation on w appl ap icab able le,, shal shall l be tran transm smit itte ted d Useful Not useful plic foreign adoption agency to the Board 1 month after its issuance.
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everyt everythin hing g indisp indispens ensabl able e for susten sustenanc ance, e, dwel dwelli ling ng,, clot clothi hing ng,, medi medica call atte attend ndanc ance, e, education and transportation in keeping with the financial capacity of the family Kinds: (LJC) 1. Legal Legal – that that whi which ch is req requi uire red d or give given n by law 2. Judicial – required by the court to be given whether pendente pendente lite or in a final judgment 3. Conven Conventi tional onal – given given by agre agreeme ement nt Characteristics: (PIN-ERV) (PIN-ERV) 1. Personal 2. Intransmissible 3. Not subject to waiver or compensation 4. Exempt from attachment or execution 5. Reciprocal on the part of those who are by law bound to support each other 6. Variable Persons obliged to support each other: 1. spouses 2. legitimate ascendants and descendants 3. parents and their legitimate children and the legitimate and illegitimate children of the latter 4. parents and their illegitimate children and the legitimate and illegitimate children of the latter 5. legitimate brothers and sisters whether full or half-blood NOTE: Suppor Supportt shall shall be in propor proportio tion n to the reso resour urce ces s or means means of the the giver giver and to the the necessities of the recipient. Orde Orderr of liab liabil ilit ity y if seve severa rall pers person ons s are are obliged to give support: 1. spouse 2. descen descendan dants ts in the neares nearestt degr degree ee 3. ascend ascendant ants s in in the the near nearest est degree degree 4. brot brothe hers rs and and sis siste ters rs NOTE:
When When the obliga obligatio tion n to give give suppor supportt falls falls upon 2 or more persons payment shall be
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time claim for support and the obligor not not have have suff suffic icie ient nt mean means s to sa claims: a. the order order of liab liabili ility ty provi provided ded by l be followed b. if the the conc concurr urrent ent obli obligee gees s should should spouse spouse and child child subjec subjectt to authority, the child shall be preferre PARENTAL AUTHORITY (PA)
Rules as to the exercise of PA: 1. The father and the mothe JOINTLY JOINTLY exercise exercise parental parental autho the persons persons of their their common common childr childr case of disagreement, the father’s de shall shall prevai prevaill UNLES UNLESS S there there is a order to the contrary 2. If the chil hild is illegitimate, authority is with the mother. Parental preference rule
the nat natural ural par parents ents,, who who are are of character and who can reasonably pr for the child are ordinarily entitled to cu as against all persons
Rule in case of legal separation of paren parental authority is exercised by the p designated by the court. GENERAL GENERAL RULE: No child under 7 yea age shall be separated from the mother. EXCEPTION: EXCEPTION: When the court finds comp reason to order otherwise. NOTE: Paramount Paramount consideration consideration in matt custody of a child is the welfare and wellof the child. (Tonog (Tonog vs. CA) CA)
Persons Exercising Substitute PA: 1. surv surviv ivin ing g gran grandp dpar arent ent 2. oldest oldest brot brother her or sister sister over over 21 21 years years o unless unfit or disqualified 3. actual actual custodi custodian an unless unless unfit unfit or disqu
Persons Special SignExercising up to vote onSpecial PA: this titlePA: 1. school Not Useful 2. admi admini nist stra rato tors rs and auseful nd tea teach cher ers s 3. indi indivi vidu dual al,, entit entity y or insti institu tuti tion on eng in child care
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over their child’s property Kinds of Properties of a Minor ADVENTITIOUS PROFECTITIOUS 1. earned or acquired 1. property given by by the child through the parents to the child his work or industry by for the latter to onerous or gratuitous administer title 2. ow owned ned by by the the chi child
2. owne owned d by by the the parents
3. child is also the usufructuary, but the child’s use of the property shall be secondary to the collective daily needs of the family
3. parents are the usufructuary
4. property administered by the parents
4. property administered by the child
Termination of PA PERMANENT 1. death of the parents 2. death of the child 3. emancipation of the child 4. subj subjec ecte ted d chil child d to sexual abuse
TEMPORARY 1. adoption of the child 2. appo appoin intm tmen entt of a general guardian 3. judici judicial al declara declaratio tion n of abandonment 4. final judgment divest divestin ing g the parent parents s of parental authority 5. judici judicial al declara declaratio tion n of abse absenc nce e or inca inca-paci pacity ty of the the pare parent nts s exer exerci cisi sing ng pare parent ntal al authority over the child Grounds Grounds for for suspensio suspension n of PA (CHOBAN (CHOBAN)) 1. conviction of a crime with the penalty of civil interdiction 2. harsh or cruel treatment against the child 3. order rders, s, coun counse sell and and exam exampl ple e whic which h are are corrupting corrupting,, given by the person exercisin exercising g authority 4. begging is compelled of the child
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1. duty duty and and right right to make make arra arrang ngem em funerals in accordance with Article 199, 2. the the funer funeral al shal shalll be in keep keepin ing g wi social position of the deceased 3. the the funer funeral al shal shalll be in accor accorda da the expressed wishes of the deceased a. in the absence of the expre wishes, his religious beliefs or affil shall determine b. in ca case of of do doubt, th the pe pe Article 199, FC shall decide 4. any any perso person n who disr disrep epec ects ts the the de allows the same shall be liable for dam
Grou rounds for Chang ange of First rst Nam Nick Nickna name me unde underr R.A. R.A. No. No. 9048 9048 authorizing City or Municipal Civil Registr the Consul Consul Genera Generall to Correc Correctt a Cleri Cleri Typographical Error in an Entry and/or Ch of First Name or Nickname in the Civil Reg Without need of a Judicial Order, Amendin this Purpose Articles 376 and 412 of the Code)) 1. The pet petitioner finds the first n nick nickna name me to be ridi ridicu culo lous us,, tain tainte te dishonour or extremely difficult to wr pronounce 2. The The new firs firstt name name or nickn nicknam ame e has habit habitual ually ly and contin continuou uously sly used used petitioner and he has been publicly k by that that firs firstt nam name or nick nickna name me community 3. The change change will will avoi avoid d conf confusi usion on
NOTE: Please refer to Remedial Law Me Aid for for a comp compre rehe hens nsiv ive e disc discus ussi sion on procedural aspects of change of name.
ABSENCE
DECLARATION OF ABSENCE WITHOUT WITH Sign up to vote on this title ADMINISTRATOR ADMINISTRAT Not useful Useful 2 years from the lapse 5 years from the of time time withou withoutt news news of time time with withou ou about the absentee or about the absen
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a. 7 YEAR YEARS, S, pers person on presumed dead for all purp purpos oses es exce except pt for for those of opening succession b. 10 YEARS, person pres presum umed ed dead ead for for purp purpos oses es of open openin ing g succ succes essi sion on exce except pt if he disapp disappear eared ed after after the age of 75 of 75,, in which case case,, a peri period od of 5 years is sufficient c. 4 YEA YEARS RS,, pers person on pres presum umed ed dead ead for for
75170312 Digests for Persons
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For all purposes includin ding those of opening succession, a period of 4 YEARS, and and for for purp purpos oses es of remarriage of the spou pouse prese esent, a period period of 2 YEARS, is suff suffic icie ient nt unde underr the the following circumstances: a. person on board a vess vessel el lost lost duri during ng a sea voyage or an aer aeropl oplane ane whic hich is
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purposes remarriage of spouse present
of missing; per the counted from the of the ves aeroplane
b. person in the a forces forces who has part in war c. person in dang death under circumstances an existence has not known
PROPERTY PROPERTY All things which are, or may be the object of appropriation
1. 2. 3.
Requisites: (USA): utility substantivity or individuality appropriability
I. A. IMMOVABLE PROPERTY 1. land land,, build buildin ings gs,, road roads s and and cons constr truc ucti tion ons s of all kinds adhered to the soil; 2. trees trees,, plan plants ts and growi growing ng fruit fruits, s, while while they they are attached to the land or form an integral part of an immovable; 3. ever everyt ythi hing ng atta attach ched ed to an immov immovab able le in a fixed manner in such a way that it cannot be separated separated therefrom therefrom without without breaking breaking the material or deterioration of the object; 4. statues statues,, reliefs reliefs,, paintin paintings gs or other other object objects s for use or ornamentation, placed in buildings or on lands by the owner of the immovable in such a manner that it reveals the intention to attach them permanently to the tenements; 5. mach machin iner ery, y, rece recept ptac acle les, s, inst instru rume ment nts s or implem implement ents s intend intended ed by the owner owner of the
7. 8.
9.
10.
them permanently attached to the land forming a permanent part of it; the an in those places are included; fertil fertilize izerr actual actually ly used used on a piece piece of l mine mines, s, quarr quarrie ies s and slag slag dumps, dumps, whi matter thereof forms part of the bed waters either running or stagnant; docks docks and struc structur tures es which which,, though though fl are intended by their nature and obj remain at a fixed place on a river, la coast; and contra contracts cts for public public works, works, and serv and and othe otherr real real righ rights ts over over im property
Categories: Categories: (DINA) 1. Real by nature – it cannot be ca from place to place (pars. 1 & 8 415, Civil Code) 2. Real by incorporation – attached immovable in a fixed manner to integral part thereof (pars. 1-3 Art Civil Code) upltoby votedesti ontina this title Real Rea es nati tion on – plac placed ed 3.Sign immovable for the utility it gives t useful Useful Not activity carried thereon (pars. 4-7 Art. 415, Civil Code)
4.
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2. real real proper property ty which which by by any speci special al provi provisio sion n of law is considered as personalty; 3. forc forces es of natu nature re which hich are are brou brough ghtt unde under r control of science; 4. in general, all things which can be trans transpor porte ted d from from plac place e to plac place e with withou outt impairment of the real property to which they are fixed; 5. obliga obligatio tions ns and acti actions ons whic which h have for for their their object movables or demandable sums; and 6. shar shares es of stock stock of agricu agricult ltur ural al,, comm commer erci cial al and industria industriall entities, entities, although although they have real estate. Tests: a) By excl exclusi usion: on: movabl movables es are are ever everyth ything ing not included in Art. 415. b) By descrip descriptio tion: n: an object object is movable movable if it possesses: 1) Abil Abilit ity y to chan change ge locat locatio ion n 2) Without substantial injury to the immovable to which it is attached. Important Doctrines/principles Doctrines/principles on immovable and movable properties: a) A Buil uilding ding is an immov mmovab able le even even if not not erected erected by the owner of the the land. The only only criterion is union or incorporation with the soil. (Ladera vs Hodges, Hodges, 48 O.G. O.G. 4374). b) Partie Parties s to a contrac contractt may by agre agreeme ement nt treat treat as personal properties that which by nature would be real property; and it is a familiar phenomenon to see things classes as real property for purposes of taxation which on gener general al prin princi cipl ple e migh mightt be cons consid ider ered ed person personal al proper property ty (Stan (Standar dard d Oil Co. Co. vs. Jaranillo, 44 Phil 631). c) For For purp purpos oses es of atta attach chme ment nt and execut executio ion n and for purpos purposes es of the Chatte Chattell Mortga Mortgage ge Law, ungathered products have the nature of personal property. (Sibal vs. Valdez, 50 Phil, 512). d) The human body, whether alive or dead, is neither real nor personal property, for it is not even property at all, in that it generally cannot cannot be appr appropr opriat iated. ed. Under Under certai certain n conditions, the body of a person or parts thereof may be subject matter of a contract. (See RA No. 349, RA No. 7170, RA No. 7719).
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ownership of such properties is in the grou group, p, whet whethe herr nati nation onal al,, prov provin in municipal.
Purpose: To serve the citizens and n state as a juridical person.
Kinds: 1. Thos Those e inte intend nded ed for for pub publi lic c use use 2. Thos Those e which which are are not for for publ public ic us intended for public service 3. Thos Those e inten intende ded d for the deve develo lopm pm the national wealth CHARACTERISTICS: 1. Outs Outsid ide e the the comm commer erce ce of of man man 2. Inalienable. But when no longer for for publ publiic use use or servi ervice ce,, declared patrimonial property. In vs Garcia (187 SCRA 79 Supreme Court held that “whether the Roppongi and related propertie eventually be sold is a determination where both the Pres and Congress must concur”. 3. Cannot Cannot be acqu acquire ired d by prescr prescript ipt 4. Not subj subject ect to attac attachme hment nt or exe 5. Cannot Cannot be burd burdene ened d with with easeme easeme
NOTE: They They cannot cannot be regist registere ered d und land land regist registrat ration ion law and be the subj Torrens title. The character of public prope not affected by possession or even a To Title in favor of private persons. (Pala ( Pala Commonwealth, 69 Phil. 449). 449).
B. PATRIMONIAL PROPERTY OF THE ST Prop Proper erty ty of the the Stat State e owne owned d by private or proprietary capacity. the state has the same rights over this of property as a private private individual in to his own private property
C. PROPE PROPERT RTY Y OF LOCAL LOCAL GO GOVER VER UNITS (LGUs) 1. Pro Proper perty for publ public ic use – co roads, roads, street streets, s, square squares, s, founta fou ntains ins Signrs, up promenades to vote on this title waters, wate and public public wor public service by the LGUs Notfor useful Useful paid 2. Patri Patrimon monial ial Prop Propert erty y – all other other pr possessed by LGUs without prejud provisions of special laws
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of muni munici cipal pal prop proper erty ty devo devote ted d for for dist distin inct ctly ly governmental purposes as public should prevail over over the the Civi Civill Code Code in this this part partic icul ular ar case case”. ”. Here, the Law of Municipal Municipal Corporations Corporations was considered as a special law in the context of Article 424 of the NCC. PROPERTY OF PRIVATE OWNERSHIP refers refers to all proper property ty belong belonging ing to privat private e persons either individually or collectively and those belonging to the State and any of its political political subdivisi subdivisions ons which are patrimoni patrimonial al in nature OWNERSHIP The right to enjoy, dispose, and recover a thing without further limitati limitations ons than those those established by law or the will of the owner. Rights included: 1. Right to enjoy: (PUFA) (PUFA) a) to posses possess s (jus (jus possid possidendi endi)) b) to use use (ju (jus s ute utend ndi) i) c) to the fruits (jus fruendi) accessions d) to abus abuse e (ju (jus s abut abuten endi di)) 2. Right to dispose: (DATE) a) to de destroy b) to al aliena enate c) to tr transform d) to en encumber
Characteristics: (EGEIP) 1. Ownership is Elastic – Elastic – power/s may be redu reduce ced d and and ther therea eaft fter er auto automa mati tica call lly y recovered upon the cessation of the limiting rights. 2. Gener en eral al – the right to make use of all the possibilities or utility of the thing owned, except except those those attache attached d to other other real real rights rights existing thereon. 3. E lusiv lus iv th nl be
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by non user but only by adverse posse
1. 2. 3. 4. 5.
Limitations: General limitations imposed by the the St its benefit Specific limitations imposed by law Limitations imposed by the party transm the property either by contract or by wil Limitations imposed by the owner hims Inherent limitations arising from conflic other rights
De Facto case of Eminent Domain expropriat expropriation ion resulting resulting from the acti nature nature.. The owner owner loses loses his his prop favor of the state without any compens Principle of Self-Help
and
3. Right Right to vin vindi dica cate te:: (RP) (RP) a) pursuit b) recovery 4. Right Right to excl exclud ude: e: (ER) (ER) a) to enclos enclose, e, fence fence and and delimi delimitt b) to repe repell intru intrusio sions ns even even with with forc force e
persons and family relations
1. 2. 3. 4.
right right of the owner or lawful lawful posse exclude any person from the enjoymen disposal of the property by the use of forc force e as may may be nece necess ssar ary y to prev preven entt actu actual al or thre threat aten ened ed phys physic ical al inva invasi sion on or usur usurpa pati tion on property. Requisites: (RONA) r easonable easonable force owner or lawful possessor no delay actual ctual or threat threatene ened d physic physical al invasi invasi usurpation
GENERAL GENERAL
RULE: A person cannot inte with the right of ownership of another. EXCEPTION: Doct Doctri rine ne of Inco Inco EXCEPTION: Privilege (Article 432) Requisites: (ID) 1. Interference necessary 2. Damage to another much greater damage to property
LEGAL REMEDIES TO RE POSSESSION OF ONE’S PROPERTY 1. Pers Person onal al prop proper erty ty:: Reple Replevi vin n Sign up to vote on this title REPLEVIN - remedy whe Useful Notfouseful comp compla lain intt pray pr ays s for r the the reco recove very ry possession of personal property.
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Action Action for recovery of material material possession of real property when a person originally in possession was deprived thereof by force, inti intimi midat datio ion, n, stra strate tegy gy,, thre threat at or stealth 2. Unla Unlawf wful ul Det Detai ain ner Action for recovery of possession of any land or building by land landlo lord rd,, vend vendor or,, vend vendee ee,, or othe otherr pers person on agai agains nstt whom whom the the possess ession of the same was unl unlawfu awfullly wit withhel hheld d aft after the expiration or termination of the right to hold possession, possession, by virtue virtue of any contract.
Focible Entry As to when possession became unlawful
As to the necessity of demand
As to necessity of proof of prior physical possession
Unlawful Detainer
Possession of Possession is the defendant inceptively is unlawful lawful but from the becomes beginning as illegal from the he acquires time defendant possession unlawfully by Force, withholds intimidation, possession strategy, after the threat or expiration or stealth termination of his right thereto. No previous Demand is demand for jurisdictional if the defendant the ground is to vacate is non-payment necessary of rentals or failure to comply with the lease contract Plaintiff must Plaintiff need prove that he not have been was in prior in prior physical physical possession of possession the premises until he was depreved thereof by the defendant
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b. ACCION PUBLICIANA
Nature: Ordinary civil proce to recover the better right of posse except except in cases cases of forcib forcible le ent unlawful unlawful detainer. detainer. The involve involve possession de facto but possessi jure. c. ACCION REIVINDICATORIA
Nature: action action to recove recove property based on ownership. Her object is the recovery of the dom over the property as owner. Requisites: 1. Iden Identi tity ty of the the Prop Proper erty ty 2. Plaint Plaintiff iff’s ’s tit title le to to the the prope prope
Surface Rights The owner of parcel of land is the own its surface and everything under it. The economic economic utilit utility y which which such such spa subsoil offers to the owner of the su sets sets the the limi limitt of the the owne owner’ r’s s righ righ same. HIDDEN TREASURE
Definition: Definition : any hidden or unknown de of money, jewelry or other precious ob the the lawf lawful ul owne owners rshi hip p of whic which h do appear. GENERAL GENERAL RULE: It belongs to the own the land, building or other property on whic found. EXCEPTIONS: EXCEPTIONS: The The find finder er is enti entitl tled ed provided: 1. Discovery Discovery was was made on the prope prope anot another her,, or of the the stat state e or any political subdivisions; 2. The finding was made by chance; 3. The The find finder er is not not a co-o co-own wner er o property where it is found; 4. The finder is not a trespasser; 5. The finder nder is not an agen agentt landowner; Sign up to vote on this title 6. The The finde finderr is not not marr marrie ied d un Useful Not useful abso absolu lute te commu communi nity ty or the the partnership system (otherwise his belongs to the co mmunity).
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Classifications: 1. Accession Discreta – the right pertaining to the owner of a thing over everything produced thereby Kinds of Fruits a. natura naturall fruit fruits s – sponta spontaneo neous us produ products cts of of the the soi soil and the the youn young g and and othe other r products of animals b. indu indust stri rial al frui fruits ts – thos those e prod produc uced ed by lands of any kind through cultivation or labor c. civi civill fruit fruits s – rent rents s of buildi building ngs, s, pric price e of leas leases es or land lands s and and the the amou amount nt of perpet perpetua uall or life life annui annuiti ties es or othe other r similar income GENERAL GENERAL
RULE: To the owner belongs the natural, industrial, and civil fruits. EXCEPTIONS: EXCEPTIONS: If the thing is: (PULA) 1. in possession of a possessor in good faith; 2. subject to a usufruct; 3. leased or pledged; or 4. in possession of an antichretic creditor 2. Accession Continua – the right pertaining to the the owne ownerr of a thin thing g over over ever everyt ythi hing ng that that is incorporated or attached thereto either naturally or artificially; by external forces. a. With respect to real property i. accession industrial building, planting or sowing ii. accession natural alluvium, avulsion, change of river course, and formation of islands b. With respect to personal property i. adjunction or conjuction ii. commixtion or confusion iii specification
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Right of Accession Immovable Property NOTE: See TABLES
with
resp
Important Doctrines/Principles: Underr Art Art 448, 448, the the land landow owner ner ma a) Unde refuse both to pay for the building and the land and instea instead d seek seek to comp owner of the building to remove the bu from the land. He is entitled to such rem ONLY when, after having chosen to se land, the other party fails to pay for land. (Ignacio (Ignacio vs. Hilario, 76 Phil. 605 Should d no other other arrang arrangeme ement nt be b) Shoul upon upon,, the the owne ownerr of the land and do auto automa mati tica call lly y becom become e the the owne ownerr improvemen improvement. t. (Filipinas Filipinas Colleges, Colleges, Inc Timbang, 106 Phil. 247 ) c) Article 448 is not applicable where a p constructs a house on his own land and sells the land, not the building. (Coleo (Coleo vs. Regalado, 27 Phil 387 ) d) Arti Articl cle e 448 does does not apply apply to cases cases are are gove govern rned ed by othe otherr provi provisi sion ons s such such as co-own co-owners ership hip,, usufru usufruct ct,, lease, etc. e) The provision on indemnity in Art. 448 be applied by analogy considering th primary intent of the law is to avoid a st forced forced co-ownershi co-ownership p especially especially wher parties in the main agree that Article and 546 are applicable and indemnity f impro improvem vement ents s may be paid paid althou althou diff differ er as to the the basis basis of the the in (Pecson vs CA 244 SCRA 407).
ACCESSION NATURAL Basic Principles: (GONE BAD) 1. He who is in good faith faith may be held held responsible but not penalized. wner of a thin thing g belong belongs s the the 2. To the owner extension or increase of such thing. 3. Bad faith of one party neutralizes eutraliz es the bad faith of the other. 4. There should be no unjust nrichment at the
1. Alluvio Alluvion n or alluvium alluvium – increm increment ent
lands abutting rivers gradually receive result of the current of the waters. Sign up to vote on this title Concept: it is the grad gradu ual de useful Usefulby sediment the Not natural action of a curr fresh fresh wate waterr (not (not sea sea wate water, r, the the identity of the deposit being lost.
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of the river (riparian lands) shall own the accretion which they gradually receive.
2. Avulsion – the transfer of a known portion of land from one tenement to another by the force force of the curren current. t. The portio portion n of land must be such that it can be identified as coming from a definite tenement. Requisites: a) The The segreg segregat atio ion n and trans transfe ferr must be caused by the current of a river, creek or torrent. b) The The segreg segregat atio ion n and trans transfe ferr must be sudden or abrupt c) The porti portion on of land land tra transp nsport orted ed must must be known or identified NOTE: The owner must remove the transported portion within two years to retain ownership NOTE: Registration under the Torrens system does does not protec protectt the ripar riparian ian owner owner again against st dimi diminu nuti tion on of the the area area of his his land land thro throug ugh h grad gradual ual chan change ges s in the the cour course se of adjo adjoin inin ing g stream (Payatas (Payatas vs Tuazon). Tuazon). Alluvium 1. gradual and imperceptible 2. soil cannot be identified 3. belongs to the owner of the property property to which it is attached 4. mere merely ly an atta attach ch-ment
Avulsion 1. sudd sudden en or abru abrupt pt process 2. identifiabl able and verifiable 3. belongs to the own owner from whose property it was detached 4. det detachm achme ent folollowed by attachment
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Once Once the river bed has been aba the the owne owners rs of the the inva invade ded d land land owners of the abandoned bed to the e provided by this article. No positive needed on their part, as it is subject th ipso ipso jure jure from from the the mome moment nt the the mo acquisition becomes evident.
It does not apply to cases where the simp simply ly drie dries s up beca becaus use e ther there e persons whose lands are occupied b waters of the river.
Accretion operates ipso jure. However, the additional area is not covered by a Torrens title and the riparian owner must register the additional area. Doctrines: a) Where the deposit is by sea water, it belongs to the state A gradual change of bed is also b) gove govern rned ed by the the rules rules of allu alluvi vium um (Canas vs. Tuason 5 Phil. 689) 689)
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4. Formation of Islands
RULES ON OWNERSHIP a. If form formed ed by the the sea sea:: 1) withi within n terri territor torial ial wate waters rs - Stat Stat 2) outsid outside e terri territor torial ial wate waters rs – to th occupant b. If forme ormed d in lake lakes, s, or navi naviga ga floatable rivers - State c. If form formed ed on nonnon-na navi viga gabl ble e floatable rivers: 1) if nea neare rerr to one one mar margi gin n or ba the nearer reparian owner 2) if equidistant from both banksreprian owners, by halves. NOTE: There is no accession when island formed by the branching of a river; the o retains ownership of the isolated piece of la
Right of Accession with respect to mov property
Basic Principle: Accession exists o sepa separa rati tion on is not not feas feasib ible le.. Ot separation may be demanded. KINDS (acc access ession ion movables):
con contin tinua
1. Adjunction the union of two things belonging to dif owners, in such a manner that they c be separated without injury, thereby fo a Sign single upobject. to vote on this title Requisites Useful Not useful a) the the two two thin things gs must must belo belong ng to owners b) that that they they form form a sing single le obje object ct,, or tha
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Tests to determine principal: a. the “rule of import ortance and purpose b. that that of grea greate terr value value c. that that of of grea greate terr volu volume me d. that that of grea greate terr mer merit its s Rules: a) Adjunction in in go good fa faith by by ei either owner: GENERAL RULE : accessory follows the GENERAL principal. EXCEPTIONS if the accessor accessory y is much much EXCEPTIONS more precious than the principal, the owner of the accessory may demand the separation even if the principal suffers some injury b) Adju Adjunc ncti tion on in bad bad fait faith h by the the owner of the principal option of the owner of the accessory: i) to reco recove verr the the valu value e plus plus damag damages es ii) to demand demand separa separatio tion n plus plus dama damages ges c) Adjunction in i n ba b ad fa f aith by b y th t he owner of the accessory i) he lose loses s the the acce access ssor ory y ii) ii) he is liab liable le for for dam damag ages es When separation of things allowed: a. separation without injury b. accessory is more precious than the principal c. owner of of th the pr principal acted in bad faith 2. Mixture Union of materials materials where the components components lose their identity. Kinds: a. Commi Commixti xtion on – mixtur mixture e of of soli solids ds b. Confus Confusion ion – mixt mixture ure of liqui liquids ds Rules: a. By the the will will of both both owner owners s or by accid acciden ent: t: eac each owner acqui quires an interest est in proportion to the value of his material b. By one one owner owner in good good faith: faith: appl apply y rule(a rule(a)) c. By one one own owner er in bad bad fai faith th:: i) he lose loses s all all his his righ rights ts to to his his own own mater material ial ii) ii) he is liab liable le for for d
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Rules: a) Own Owner of the pri princi ncipal pal (w (w good faith: i) make makerr acqu acquir ires es the the new new thin thin ii) ii) he must must ind indem emni nify fy the the owne owne material EXCEPTION : if the the material material EXCEPTION valuab valuable le than than the result resulting ing thi owner of the material has the optio 1) to acqu acquir ire e the the work work,, indem indem for the labor, or 2) to demand indemnity material b) owner of the principal (work bad faith: the owner of the materia the option: i) to acquire the result indemnity ii) to demand demand indem indemnit nity y for the m plus damages c) Own Owner of the mater ateriial in b i) he lose loses s the the mat mater eria iall ii) he is is liabl liable e for for damag damages es
ADJUNCTION 1. Involves at least 2 things
MIX IXT TUR URE E Involves at least 2 things
2. Accessory follows the principal 3. Things joined retain their nature
Coownership results Things mixed or confused may either retain or lose their respective natures
SPECI CIF FIC May involve thing (or mo but form is changed Accessory f the principa
The new ob retains or preserves t nature of th original obje
QUIETING OF TITLE Sign up to vote on this title It is an equitable action in rem to dete Useful condition the of Not theuseful ownership or the to immovable property, and remove d thereon.
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whic which h is appa appare rent ntly ly vali valid d but but is in trut truth h invalid, ineffective, voidable or unen unenfo forc rcea eabl ble, e, and and is prej prejud udic icia iall to the the plaintiff’s title; and 4. plaint plaintif ifff must must return return to the defenda defendant nt all bene benefi fits ts he may may have have rece receiv ived ed from from the the latter, latter, or reimburse reimburse him for expenses expenses that may have redounded to his benefit. Prescriptive Period: 1. plaint plaintif ifff in possess possession ion – impre imprescr script iptibl ible e 2. plaint plaintif ifff not in posse possessi ssion on – 10 (ordin (ordinary ary)) or 30 years (extraordinary) Action to quiet title
1. Purpose
2. Nature of the action
1. to put an end to troublesom troublesome e litigation in resp respec ectt to the the property involved 2. remedial action involving a present adverse claim
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Characteristics: plurality of subjects (the co-owners) a)th a)ther ere e is a sing single le obje object ct whic which h materially divided b)there is no mutual representation b co-owners c)it exist for the common enjoyment co-owners d)it has no distinct legal personality e)it is governed first of all by the contr the the part partie ies; s; othe otherw rwis ise, e, by spec specia ia provisions, and in default of such provi by the provisions of Title III on co-owne
Action to remove a cloud on title 1. to remo remove ve a possible foundation foundation for a futur uture e host hostiile claim
Sources: 1. Law 2. Contrac 3. Chance 4. Occupa 5. Success 6. Testam disposition or donation inter vivos
2. preven preventi tive ve action to prevent a future cloud on the title
Co-ownership 1. Can be created without the formalities of a contract 2. Has no juridical or legal personality
The action to quiet title does not apply: a) to questi questions ons invol involvin ving g inter interpre pretat tation ion of documents b) to mere mere writ writte ten n or oral oral asse assert rtio ions ns of claims; EXCEPT: i) if made made in a leg legal al proc procee eedi ding ng ii) if it is being asserted that the instrument or entry in plaintiff’s favor is not what it purports to be c) to bou bound ndar ary y disp disput utes es d) to deeds by strangers to the title UNLE UNLESS SS purp purpor orti ting ng to conv convey ey the the property of the plaintiff e) to inst instrum rument ents s invali invalid d on their their face face f) wher here the val validity dity of the inst instru rum ment ent involves pure questions of law
CO-OWNERSHIP
persons and family relations
3. Purpose is collective enjoyment of the thing 4. Co-owner can dispose of his shares without the consent of the others with the transferee automatically becoming a co-owner 5. There is no mutual representation
Partners 1. Can be created by contract, expre implied 2. Has juridical personality distinc from the partners 3. Purpose is to o profits 4. A partner, unle authorized canno dispose of his sha and substitute an as a partner in his place
5. A partner can generally bind the partnership 6. Distribution of profits 6. Distribution of p to the must be proportional to is subject Sign up to vote on thisstipulation title the respective of the Useful Not useful interests parties of the co owners 7. A co-ownership is 7. Death or incap
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keep the thing undivided for a period of more than 10 years is void
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agreement as to ant definite term without limit set by law
Rules: 1. Righ Rights ts of each each co-o co-own wner er as to the the thing thing owned in common: USBRAP-LDP a) To use the thing owned in common Limitations: i) use use acc accordi ording ng to the pur purpos pose for which it was intended ii) interest interest of the co-owners co-ownership hip must not be prejudiced iii) other co-ow -owners ers must not be prevented from using it according to their own rights b) To shar share e in the the bene benefit fits s and charge charges s in proportion to the interest of each. NOTE: Any stipul stipulati ation on to the contra contrary ry is void. c)
To the benefits of prescription: prescript prescription ion by one co-owner co-owner benefits benefits all. d) Repair Repairs s and taxe taxes: s: to to compel compel the the other others s to share in the expenses of preservation even if incurred without prior notice. e) Altera Alteratio tions: ns: to oppose oppose altera alteratio tions ns made made with withou outt the the cons consen entt of all, all, even even if beneficial. NOTES:
Alteration is an act by virtue of which a co-own co-owner er change changes s the thing thing from from the stat state e in whic which h the the othe others rs beli believ eve e it should remain, or withdraws it from the use to whic hich they hey desire it to be intended.
Expenses to improve or embellish are decided by the majority
f)
To prote protest st again against st serio serious usly ly preju prejudi dici cial al decisions of the majority g) Legal Legal redem redempti ption: on: to be be exercis exercised ed within within 30 days from written notice of sale of an undivided share of another co-owner to a stranger
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sole sole esta estate te to the the excl exclus usio ion n without interference from others GENER ENERAL AL RULE RULE:: Part artit demandable by any of the co-owne a matter of right at any time. EXCEPTIONS EXCEPTIONS : 1) When When there there is a stipul stipulat atio ion n a it; but not to exceed 10 years. 2) When When the condi conditi tion on of indiv indiv impose imposed d by the donor or but not to exceed 20 years. 3) When the legal nature community prevents partition. 4) When hen par partiti tition on woul ould ren thing unserviceable. 5) When When partit partition ion is is prohi prohibit bited ed by 6) When another co-owne possessed the property as exc owne ownerr for for a peri period od suff suffic ic acquire it by prescription.
2. The The follow followin ing g questi question ons s are govern govern the majority of interests: a) Management Minority may appeal to the court ag the majori majority’ ty’s s decisi decision on if the seriously prejudicial. b) Enjoyment c) Impr Improv ovem emen entt or embe embelllish lish
3. Righ Rights ts as to the the ideal ideal shar share e of eac owner: a) Each Each has has full full owner ownersh ship ip of his his par his share of the fruits and benefits b) Right ght to subst ubstiitut tute anoth nother er per enjoyment, EXCEPT when personal are involved c) Right Right to to alien alienate ate,, dispos dispose e or encum encum d) Righ Rightt to renou renounc nce e part part of his his in reimburse necessary expenses incurr another co-owner e) Trans ansact actions ions enter ntered ed int into by ea owner only affects his ideal share.
EXTI EXTING NGUI UISH SHME MENT NT OF CO-O CO -OWN WN Sign up to vote on this title (CALSTEP) Useful Not useful consolidat 1. merger in one co-owner acquisitive 2.
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period agreed upon by the co-owners expropriation 6. 7. judicial or extra judicial partition
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more more than than 70% 70% inte intere rest st in the the areas are opposed to the continuation condominium regime; 5. When When cond condit itio ions ns for for part partit itio ion n by sa forth in the declaration of restrictions registered have been met.
CONDOMINIUM ACT (R.A. NO. 4726) CONDOMINIUM an interest in real property consisting of a separate interest in a unit in a residential, indust industria riall or commer commercia ciall buildi building ng and an undivid undivided ed intere interest st in common common,, direct directly ly or indirectly, in the land on which it is located and in other common areas of the building. Any transfer or conveyance of a unit or an apartme apartment, nt, office office or store store or other other space space therein, shall include transfer or conveyance of the undivi undivided ded inter interest est in the common common areas or, in a proper case, the membership or shar shareh ehol oldi ding ngs s in the the cond condom omin iniu ium m corporation corporation:: provided, provided, however, however, that where where the the comm common on area areas s in the the cond condom omin iniu ium m project are held by the owners of separate units as co-owners thereof, no condominium unit therein shall be conveyed or transferred to person persons s other other than than Filip Filipino ino citize citizens ns or corpo corpora rati tion ons s at leas leastt 60% 60% of the the capi capita tall stock stock of which which belong belong to Filip Filipino ino citize citizens, ns, except in cases of hereditary succession. GENERAL AL GENER
RULE: RULE: Comm Common on area areas s shal shalll remain undivided, and there shall be no judicial partition thereof: EXCEPTIONS: EXCEPTIONS:
1. When When the the proj projec ectt has has not not been been rebu rebuil iltt or repaired substantially to its state prior to its damage or destruction 3 years a fter damage or destru destructi ction on which which render rendered ed a materi material al part thereof unfit for use; 2. When When damag damage e or destr destruc ucti tion on has rend render ered ed ½ or more of the units untenantable and that the condominium owners holding more than 30% 30% inte intere rest st in the the comm common on areas areas are are opposed to restoration of the projects; 3. When When the the proje project ct has has been been in exist existenc ence e for more than 50 years, that it is obsolete and
WATERS Classification a) Waters Waters public public per se se (water (water is the the pr the bed follows the character of the (See Arts. 502 [1] and 502 [2]) b) Waters Waters publi public c or privat private e accordi according ng to bed (water is accessory to bed) c) Waters Waters publi public c by spec special ial provis provisio ion n
POSSESSION
Concept: the material holding or contro thing or the enjoyment of a right. Requisites: 1. occupa occupancy ncy,, appre apprehen hensio sion, n, or or takin taking g 2. delibe deliberat rate e inte intenti ntion on to to poss possess ess 3. by vir virtu tue e of ones ones own own rig right ht
1. 2. 3.
Degrees: possession without any title whatsoeve possession with juridical title possession with just title sufficient to ownership
4.
possession with a title in fee simp
Classes: In ones ones own own name name – wher where e po claims the thing for himself a) In the the name name of anoth another er – for for whom whom t is held by the possessor b) In the the concep conceptt of owner owner – posse possess ss thing or right , by his actions, is consid or is believed by other people as the o regardless of the good or bad faith o possessor Sign up to vote on this title c) In the the conce concept pt of hold holder er – poss possess essor or h Useful Not useful or enjoy it, the owne merely to keep pertai pertainin ning g to anothe anotherr person person;; pos acknow acknowled ledges ges in anothe anotherr a superi superi
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3. Poss Posses essor sor is is ignor ignoran antt of the the vice vice or defe defect ct and and must must have have an hone honest st belief that the thing belongs to him e) In bad bad fai faith – possessor is is awa aware of the invalidating defect in his own title.
1. 2. 3.
4. 5.
6.
Presumptions Presumptions in favor of possessor: of goo good fa faith of cont continu inuity ity of init initial ial good good faith faith of enjoym enjoyment ent in in the same same char charact acter er in whic which h possession was acquired until the contrary is proved of non-i non-int nter erru rupt ptio ion n in favo favorr of the pres presen entt possessor of conti continu nuou ous s poss posses essi sion on by the the one one who who reco recove vers rs poss posses essi sion on of whic which h he was was wrongfully deprived of exten extensi sion on of poss posses essi sion on of real real prope propert rty y to all movables contained therein
Object of possession: GENER GENERAL AL RULE: RULE: All All thin things gs and and susceptible of being appropriated EXCEPTIONS: EXCEPTIONS: 1. Res com comm munes nes 2. Prop Proper erty ty of of publi public c domin dominio ion n 3. Disc Discont ontin inuo uous us servi servitu tude des s 4. NonNon-ap appar parent ent serv servit itud udes es
righ rights ts
Acquisition of possession: Manner 1. Materi Material al occupa occupancy ncy of the thing thing 2. Subjection to the action of our will 3. Proper Proper acts acts and legal legal formali formalitie ties s establi establishe shed d for acquiring such right. Conflicts between several claimants: RULE: RULE: Posses Possessi sion on cannot cannot be recognized in two different personalities except in case case of co-p co-pos osse sess ssio ion n when when ther there e is no conflict Criteria in case of dispute: 1. present/actual possessor shall be preferred 2. if there are two possessors, the one longer in possession 3. if the dates of possession are the same, the one with a title GENERAL GENERAL
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thered
sor
b. Cultivati Cultivation on Expens Expenses es of gathered fruits c. Fruits pendin pending g and charges d. Production expe expense nses s of pending fruits
b. not reim reimbu burs rsed ed to possessor
b. re to posse
c. prorated c. to own according to time d. indemnit nity d. no ind pro rata to possessor (owner’s option) i. in money, or ii. by allowing full cultivati cultivation on and gathering gathering of all fruits e. Necessary Necessary e. reim reimbu burs rsed ed e. re expenses to poss posses esso sor; r; to po retention no reten f.. Useful f. reimbursed to f. expenses possessor reimburs (owner’s option) i. initial cost ii. plus value may remove remove if no reimbursement ent, and and no damage is caus caused ed to the the principal by the removal g. Ornam Ornamenen- g. reim reimbu burs rsee- g. tal expenses ment at option: owner’s option: i. remo i. remova removall if ii. ii. no injury, or time ii. cost without recovery removal h. Taxes and h. taxes and h. ta charges charges charges i. on capital i. charged to i. cha Sign up to vote on this title owner owner Useful ii. Not useful to fruits ii. on charged ii. cha possessor owner iii. charges iii. prorated iii. to ow
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after summons k. Impr Improv ovee- k. to owne ownerr or k. to owne ownerr or ments due to lawful lawful time or possessor possessor nature Possession of movables Posses Possessio sion n of movabl movables es in good good faith faith is equivalent to title. Requisites: a) pos possession is in go good fait aith b) the own owner has has vol voluntarily par parted with the possession of the thing c) possessor i s in in t he he concept o f owner One who has lost or has been unlawfully depr depriv ived ed of it , may may reco recover ver it from from whomso whomsoever ever possess possesses es it, ordin ordinari arily, ly, without reimbursement. Doctrines: a) owner of the thing must prove (1) owne owners rshi hip p of the the thi thing and and (2) (2) loss loss or unlaw unlawfu full depr depriv ivat atio ion; n; or bad bad fait faith h of the the possessor b) Wher here the the own owner act acts s negl negliigent gently ly or or volunt voluntari arily ly parts parts with with the thing thing owned, owned, he cannot recover it from the possessor c) The ow owner ner may may rec recover over the the mov movab ablle in case of loss or involuntary deprivation; but must reimburse the price paid if possessor acquired the thing in good faith and at a public sale. Loss of possession: 1. By the the wil willl of the the poss posses esso sor r a) Abandonment b) Trans Transfe ferr or or con conve veya yanc nce e 2. Agains Againstt the the wil willl of the posses possessor sor a) Emine minent nt dom domai ain n b) Acqu Acquis isit itiv ive e pres prescr crip ipti tion on c) Judici Judicial al decre decree e in favo favorr of bett better er righ rightt d) Poss Posses essi sion on of anot anothe herr for for more ore than than one year NOTE: this this refers refers to posses possessio sion n de facto facto where where the possesso possessorr loses loses the right right to a summary action; but he may still bring action publiciana or reivindicatoria e) By reas reason on of the the obj objec ectt i. destruction or total loss of the things things ii. withdrawal from commerce
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b. Of temporary duration c. To de derive al all ad advantag the thing due to normal exploitation d. may be constituted on re personal property, consumable or consumable, tangible or intangibl ownership of which is vested in ano e. transmissible GENERAL GENERAL
RULE: usufru usufructu ctuary ary is bou preserve the form and substance of the th usufruct. EXCEPTION: EXCEPTION: Abnormal usufruct whereb law law or the the will will of the the part partie ies s may may al modification of the substance of the thing. Usufruct 1. Always a real right 2. Person creating the usufruct should be the owner or his duly authorized agent 3. May be created by law, by contract, by will of the the test testat ator or,, or by prescription 4. As a rule, usufruct cove covers rs all all the the frui fruits ts and and all all the the uses uses and and benefi benefits ts of the entir entire e property 5. Involves a more or less less pass passiv ive e owne owner r who allows the usufru usufructu ctuary ary to enjoy enjoy the obj object ect giv given in usufruct 6. Pays Pays for for ordi ordina nary ry repai repairs rs and and taxe taxes s on the fruits
Lease 1.Generally a right 2. Lessor may n the owner
3.Generally creat contract
4.Lease g refers to uses onl
5. Leas Lease e invo invo more more active active own lessor who make lessee to enjoy
6.Lessee is generally obligation to unde repairs or pay tax
Special Usufructs a) of pensio pen or or inco income metitle (Art (Art 570) 570) Sign upsion tonvote on this b) of prope property rty own owned ed in comm common on (Art. (Art. Useful Not useful c) of catt cattle le (li (lives vestoc tock) k) (Art (Art.. 591) 591) d) on viney vineyard ards s and woodl woodland ands s (Art. (Art. 575 e) on a right right of of actio action n (Art (Art.. 578) 578)
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a. To rece receive ive and and benef benefit it from from the the fruit fruits s b. To enjoy any increase through accessions and servitudes c. To the the half half of the the hidde hidden n treas treasur ure e he accidentally finds d. To leas lease e the the thin thing, g, gener general ally ly,, for for the the same or shorter period as the usufruct. e. To impro improve ve the the thing thing witho without ut alter altering ing its its form and substance f. Right ght to set-o et-offf the impr improv ovem emen entts he may have made on the property against any damage to the same g. To retai retain n the thin thing g until until he he is reimb reimburs ursed ed for advances for extraordinary expenses and taxes on the capital h. To colle ollect ct reimb eimbur urse sem ment ents from rom the the owner for indispensa indispensable ble extraordin extraordinary ary repai epairrs, taxes on the capi apital he advanced, and damages caused to him. i. To rem remov ove e impr improv ovem emen ents ts mad made e by him him if the same will not injure the property 2. As to to the the usu usufr fruc uctt itsel itself f a. To mort mortga gage ge the righ rightt of usuf usufru ruct ct except parental usufruct b. To alie aliena nate te the the usuf usufru ruct ct Obligations of the usufructuary: 1. Before exercising the usufruct: usufruct: a. To make an inventory of the property b. To give a bond, bond, EXCEPT 1) when when no prejud prejudice ice would would result result 2) when when the the usufru usufruct ct is is reserv reserved ed by the donor or parents of caucion juratoria where 3) in cases of caucion the usufructuary, being unable to file the required bond or security, files a verified petition in the proper court asking for the delivery of the house and furniture necessary for himself and his family without any bond or security. takes an oath to take care of the things and restore them property cannot be alienated or encumbered encumbered or leased because this would mean that the usufructuary does not need it. NOTE: Effects of failure to post bond: 1. owner owner shall shall have have the the foll followi owing ng opti options ons::
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or make make inve invest stme ment nts s of the the without the consent of the owner the court until the bond is given. 2.
During the usufruct: a. To take care of the property b. To repl replac ace e with with the youn young g animals that die or are lost in ce cases when the usufruct is const on flock or herd of livestock c. To make ordinary repairs d. To notify notify the the owner owner of urge urgent nt ordinary repairs e. To permit permit works works and improv improvemen emen the naked owner not prejudicial t usufruct f. To pay annual taxes and charges fruits g. To pay interest on taxes on capit by the naked owner h. To pay pay debt debts s when when the the usuf usuf constituted on the whole patrimony i. To secure secure the the naked naked owner’s owner’s or appr approv oval al to coll collect ect credi credits ts in cases j. To notify the owner of any prejudic committed by third persons k. To pay for court court expens expenses es and regarding usufruct.
3. At the termination of the usufruct: a. To retu return rn the the thi thing in usufr usufruc uc owner unless there is a right of rete b. To pay pay legal egal int interes erestt on the the spent spent by the owner owner for extrao extrao repairs or taxes on the capital c. To ind indem emni nify fy the the owner owner for for any l due to his negligence or transferees
Extinguishment of Usufruct: Usufruct : (PT2DERM) 1. Prescription 2. Termination of right of the constituting the usufruct 3. Total loss of the thing vote on this title unless con 4. DSign eathup oftothe usufructuary, intention Usefulappears Not useful 5. Expiration of the period or fulfillment o resolutory condition 6. Renunciation of the usufructuary
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immovable belonging to a d ifferent owner. Concept: it is a real right, constituted on the the cor corpore poreal al immo immova vabl ble e prop proper erty ty of another, by virtue of which the owner of the latter has to refrain from doing or must allow something to be done on his property, for the benefit of another person or tenement.
a)
b) c) d)
e)
f)
g)
h)
Characteristics: It is a real real right right but will will affe affect ct third third persons persons only when duly registered It is enjoyed over another immovable, never on one’s own property It invol involves ves two two neighbo neighbori ring ng estate estates s (in case case of real easements) It is is inseparab inseparable le from from the estat estate e to which it is is att attache ached, d, and, and, there hereffore, ore, cann cannot ot be alienated independently of the estate It is indi indivi visi sibl ble e for it is not affe affect cted ed by the division of the estate between two or more persons It is a right ght limited by the the needs of the dom dominant own owner or estate, without possession It cann cannot ot cons consiist in the doi doing of an act act unless the act is accessory in relation to a real easement It is a limi limita tati tion on on the serv servie ient nt owner owner’s ’s rights rights of owner ownershi ship p for the benefit benefit of the domina dominant nt owner; owner; and, therefor therefore, e, it is not presumed
Classification: 1. As to its exercise: a) Continuous Easements – those the use of which is, or may be, incessant without the intervention of any act of man b) Discontinuous Easements – those which are used at intervals and depend upon the acts of man 2. As to the indication of their existence: a) Apparent Easements – those which are made known and are cont contin inua uall lly y kept kept in view view by exte extern rnal al signs that reveal the use and enjoyment of the same
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call called ed serv servit itud udes es of intr intrus usio io or/service” b) Negative – the servien must must refr refrai ain n from from doing doing so which hich he coul ould law lawfull ully do easement did not exist
Easement Lease 1. Real right, whether Real right only w registered or not is registered, registered, its its subj subjec ectt ma real real proper property ty duration duration exceed year 2. Impo Impos sed onl only on May involve eithe real property or personal 3. Ther There e is a limi limite ted d Limi Limite ted d righ rightt right to the use of real the the poss posses essi si property of another but use of a with withou outt the the righ rightt of property possession Easement 1. Impo Impos sed onl only on real property 2. Limited to particular or specific use of the servient estate 3. A nonnon-po poss sses esso sory ry right over an immovable 4. Not extinguished by the death of the dominant owner
Usufruc May involve eithe or personal prop Includ Includes es all the and and the the frui fruits ts property Involves a possession immovable immovable Exti Exting ngui uish shed ed death of usufructuary
Modes of Acquisition: (PDFAT) 1. by prescripti rescription on of 10 years (conti and apparent easements) 2. by deed of recognition inal judgment 3. by f inal 4. by apparen pparentt sign sign establ establish ished ed owner of two adjoining estates Sign up to vote on this title 5. by title Useful Not useful Dominant Owner Rights
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4. To ask for manda ndatory injunction to preven preventt impai impairme rment nt of his use of the easement Obligations: 1. Cann Cannot ot rend render er the the eas easem ement ent or ren rende der r it more burdensome 2. Notify the servient owner of work orks necessary for the use and preservation of the servitude 3. Choo Choose se the most most conv conven eniient ent time time and manner in making making the necessary works as to cause the least inconvenience to the servient owner 4. Contri Contribut bute e to the the neces necessar sary y expens expenses es if there are several dominant estates Servient Owner Rights: 1. To reta retain in owner ownersh ship ip and poss posses essi sion on of the servient estate 2. To make make use use of the the ease easeme ment nt,, unle unless ss there is agreement to the contrary 3. To chan change ge the the place place or mann manner er of the the ease easem ment, ent, prov proviided ded it be equ equall ally convenient Obligations: 1. Cannot Cannot impai impairr the the use of the the ease easemen mentt 2. Contri Contribut bute e to the the neces necessar sary y expens expenses es in case case he uses uses the the ease easeme ment nt,, unle unless ss there is an agreement to the contrary Extinguishment of Easements: (REMAIN BREW) 1. Redemption agreed upon 2. Expiration of the term or fulfillment of the resolutory condition 3. Merger of owners ownershi hip p of the domina dominant nt and servient estate 4. Annulment of the title to the servitude 5. Permanent Impossibility to use use the the easement Non-user for 10 years 6. Non-user for a. discon discontin tinuous uous:: coun counted ted from from the day they ceased to be used b. cont contiinuou nuous: s: coun ounted ted from from the day an act adverse to the exercise
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9. Expropriation of the servient estat Waiver by the dominant owner 10. Waiver by EASEMENT FOR WATERING CATTLE This This is real really ly a comb combin ined ed easem easem drawing of water and right of way Requisites: a) must be be im imposed fo for re rea public use b) must be be in in fa f avor of of a t village c) indemnity must be paid
EASEMENT OF AQUEDUCT The right arising from a forced easeme virtue of which the owner of an estate desires to avail himself of water for th of said estate may make such waters throug through h the inter intermed mediat iate e estate estate obligation of indemnifying the owner same and also the owner of the esta which the water may filter or flow.
Character: apparent and continuous Requisites: a) dom dominant ow owner must pr pr he has the capacity to dispose o water b) that that the water ater is suf suffficie icient nt intended use c) that the course is convenient, and least onerous to t person d) payment of indemnity
RIGHT OF WAY The right granted to the owner of an e whic which h is surr surrou ound nded ed by othe otherr belonging to other persons and witho adeq adequat uate e outl outlet et to a publ public ic high high demand that he be allowed a passag throughout throughout such neighborin neighboring g estat payment of proper indemnity Requisites: Sign up to vote on this title 1. Claim Claimant ant must must be an an owner owner of en Not useful Useful or immovable one with real right 2. Ther There e must must be no adeq adequa uate te ou public highway
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it is the the need needs s of the the domi domina nant nt prop proper erty ty which ultimately determine the width of the passage, and these needs may vary from time to time (Encarnacion vs CA, 195 SCRA 72). Special cause cause of extinction: the opening of a publ public ic road road,, or join joiniing the the domi domina nant nt tenement to another with exit on a public road. NOTE: the extinc extincti tion on in NOT NOT automa automati tic. c. Ther There e must must be a dema demand nd for for exti extinc ncti tion on coup couple led d with with tend tender er of indem indemni nity ty by the the servient owner. PARTY WALL a common wall which separates 2 estates built by common agreement at the dividing line such that it occupies a portion of both estates on equal parts. Party Wall 1. Shar Shares es of part partie ies s cann cannot ot be phys physic ical ally ly segr segreg egat ated ed but but they they can be physically identified
Co-ownership Shares of the coowners can be divided and separated physic physicall ally y but before before such such divi divisi sion on,, a cocoowner cannot point to any definite portion of the property as belonging to him 2. No limi limitat tation ion as to None of the co-owners use use of the the part party y wall wall may use the for exclusive benefit of community property for a party his exclusive benefit 3. Owne Ownerr may free Partial Partial renunciati renunciation on is himself from allowed contributing to the cost of repairs and cons onstructiobn of a party wall by renounci ncing all all hi s rights thereto Presumptions Presumptions of existence (juris tantum): 1. in adjoi adjoini ning ng walls walls of buil buildi ding ngs, s, up to common elevation 2. in divi dividi ding ng walls walls of gard garden ens s and yard yards s (urban) 3. in divid dividing ing fenc fences, es, wall walls s and live live hedg hedges es
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they cancel each other
Rights of part owners: 1. to make make use use of the the wall wall in prop prop thei theirr resp respec ecti tive ve int interes erests ts,, buildings on it or inserting beams one-half of the wall’s thickness 2. to incr increas ease e the the heigh heightt of the wal a. at his his expe expens nse e b. upon upon paym payment ent of proper proper indem indem c. to acquire half interest incr increas ease e of thic thickn knes ess s or paying a proportionate share cost cost of the the work work and and of the covered by the increase Obligations Obligations of each part-owners: 1. to contr ontriibute bute pro propor portio tionat nately ely repa repair ir and and main mainte tena nanc nce e un renounces his part-ownership 2. if one one par partt owne ownerr rais raises es the the he the wall, he must: a. bear bear the the cost cost of mai maint nten enan ance ce additions b. bear the increased exp expe preservation c. bear bear the the cos costt of con const stru ruct ctio ion n d. give give addit addition ional al land, land, ifif necess necess thicken the wall
LIGHT AND VIEW 1. Easement of Light ( jus jus luminum) luminum) - rig admit light from the neighboring esta virtue of the opening of a window o making of certain openings. Requisites: a. open openiing must must not not be grea greatter th cent centim imet eter ers s squa square red, d, made ade ceiling or on the wall; and b. ther there e must must be be an iro iron n grat gratin ing g jus prospectus 2. Easement of view ( jus right to make openings or windows, to the view through the estate of anothe the power power to preven preventt all constr construct uct work wor k up which whitochvote would wou obs truct uct such such Sign onldthisobstr title make make the the same same diff diffic icul ult. t. It nece nece Useful Not useful includes easement of light
Restrictions on openings in one’s own
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close the openings if the wall becomes a party wall b. block block the the light light by by buildi building ng or erec erectin ting g his own wall unless a servitude is acquired by title or p rescription c. ask ask for the the red reduc ucti tion on of the the open openin ing g to the proper size
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a.
Restrictions as to views 1. Dire Direct ct views views:: the the dist distan ance ce of 2 METE METERS RS between the wall and the boundary must be observed 2. Obliqu Oblique e views: views: (wall (walls s perpend perpendicu icular lar or or at an angle to the boundary line) must not be less than than 60cm 60cm from from the boundary boundary line to the nearest edge of the window NOTE: Any stip stipul ulat atio ion n perm permit itti ting ng less lesser er distances are void. Modes of acquisition 1. by tititle 2. by pres prescr crip ipti tion on a. posi positi tive ve – count counted ed from from the the time time of the opening of the window, if it is through a party wall b. nega negattive ive – count ounted ed from from the the form ormal prohibition on the servient owner. NOTE: mere mere nonnon-ob obse serv rvanc ance e of dist distan ance ces s prescribed by Art. 670 without formal prohibition, does not give rise to prescription VOLUNTARY EASEMENTS Constituted by the will of the parties or of a testator. The owner possessing capacity to encumber property may constitute voluntary servitude. If ther there e are are vari variou ous s owne owners rs,, ALL ALL must must cons consen ent; t; but but cons consent ent once once give given n is not not revocable Volunt Voluntary ary easeme easements nts are establ establish ished ed in favor of: 1. pred predia iall servi servitu tude des: s: a. for the owner owner of of the the domin dominant ant estate estate b. for any any other ther per person son havi having ng any any juridical relation with the dominant estate, if the owner ratifies it. 2. personal servitudes: for anyone capacitated to accept. NUISANCE
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3. 4. 5.
morality; Annoys or offends the senses; Hinders or impairs the use of pro or Obstr bstruc ucts ts or inte interf rfer eres es with with passage to any public highway or s or body of water.
Classes: 1. Per se – nuis nuisanc ance e at all all tim times es an all circumstances regardless of loc and surrounding. 2. Per Per acci accide dens ns – nuis nuisan ance ce by rea circumstances, location, surroundings. 3. Publ Publiic – affec ffects ts the the commu ommuni ni considerable number of persons. 4. Pri Privat vate – affec ffects ts onl only a perso erso small number of persons. Doctrine of Attractive Nuisance:
One who maintains on his his pr dangerous instrumentalities or applianc a character likely to attract children in and who fails to exercise ordinary ca prevent prevent children children from playing there resorting thereto is liable to a child of te years years who who is injure injured d thereb thereby, y, eve chil child d is tech techni nica call lly y a tres trespa pass sser er premises.
Remedies against public nuisance: (PCE 1. Prose rosecu cuti tion on unde underr the the RPC RPC ordinance 2. Civil Action 3. Extrajudicial Abatement
Remedies against private nuisance: (CE 1. Civil Action 2. Extrajudicial Abatement Extrajudicial Extrajudicial Abatement Requisites: up to vote onstthis 1.Sign nuisa nui sanc nce e must mu betitle specia speciall lly y inju inju the person Not useful Useful affected; 2. no brea breac ch of peace peace or unnec unnec injury must be committed; 3. pri prior dem demand; and;
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MODE is the specific cause which gives rise to them, as the result of the presence of a special condition of things, of the aptitude and intent intent of person persons, s, and of compli complianc ance e with the conditions established by law. This is the proximate cause of the acquisition. TITLE is the juridi juridical cal justif justifica icatio tion n for the acquis acquisiti ition on or a transf transfer er of owners ownership hip or other real right. right. This is the the remote cause of the acquisition. DIFF IFFERE ERENT MODE ODES (and and TITLES) of ACQUIRING OWNERSHIP Modes of acquiring Titles of acquiring ownership ownership A. Original Modes 1. Occupation 1. Co Condition of of be being without known owner 2. Work which includes 2. Creation, Creation, discovery discovery Intellectual creation or invention B. Derivative modes 3. Law 3. Existence of required conditions 4. Tradition 5. Donation 6. Prescription 7. Succession
4. Contract of the parties 5. Contract of the parties 6. Possession in the concept of owner 7. Death
OCCUPATION a mode mode of acqu acquir irin ing g owne owners rshi hip p by the the seizure of things corporeal which have no owner, with the intention of acquiring them, and according the rules laid down by law. Requisites: 1. there there must must be be seiz seizure ure of a thin thing g 2. the thing seized must be corporeal personal property 3. the thing must be susceptible of appropriation by nature 4. the thing thing must must be with without out an owne owner r 5. there must be an intention to appropriate
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escaped from its owner, under c conditions 6. catc catchi hing ng of dome domest stic icat ated ed anim have escaped from their owners, certain conditions 7. catc catchi hing ng of pig pigeons eons withou thoutt artifice 8. transf transfer er of fish fish to anoth another er breed breeding ing without fraud or artifice
TRADITION/DELIVERY
a mode mode of acqu acquir irin ing g owne owners rshi hip p consequence of certain contracts, contracts, by of which, the object is placed in the c and possession of the transferee, actua constructively.
Kinds: 1. Real Real Tra Tradit dition ion - actua actuall deliv delivery ery 2. Cons Constr truc ucti tive ve Tra Tradi diti tion on a. tradit traditio io symbol symbolica ica – make use of a token or symb represent the thing delivered b. traditio longa manu – by consen consentt of the parties parties if the sold sold cannot cannot be transf transferr erred ed poss posses essi sion on of the the vend vendee ee time of the sale c. traditio brevi manu – whe vendee vendee already already has possess the thing sold by virtue of an title con d. traditio possessorium – when when the the continues in possession of the sold not as owner but in some capacity 3. Quasi-trad Quasi-traditio ition n – exercise of the ri the the gran grante tee e with with the the conse consent nt grantor 4. Trad Tradic icio ion n por por mini minist ster erio io de la delivery by operation of law 6. Tradi Traditio tion n by public public instru instrumen ment t Sign up to vote on this title
Requisites: Useful Not useful 1. right right trans transmi mitte tted d should should have have prev existed in the patrimony of the gran
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DONATION an act act of liber beralit ality y wher hereby eby a per person son disposes gratuitously of a thing or right in favor of another who accepts it Requisites: CIDA 1. donor must have capacity to make the donation 2. he must have donative intent (animus donandi) 3. there must be delivery 4. donee must accept ccept or consen consentt to the donation Essent Essential ial featu features res/el /eleme ement nts s of a true true donation: a) Alienation of property by the dono donorr duri during ng his his life lifeti time me,, whic which h is accepted b) Irrevocabil bility by by th the do donor nor c) Intention to benefit the donee (animus donandi) d) Consequent impoverishment of the donor (diminution of his assets) Classification: 1. As to effe effect ctiv ivit ity: y: a. inter nter vivos b. mort ortis ca causa c. pro propter pter nupt nuptia ias s 2. As to to perfec perfectio tion/e n/exti xtingui nguishm shment ent:: a. pure b. with with a cond condit itio ion n c. with a term 3. As to cons consid ider erat atio ion: n: a. simp simple le - grat gratui uito tous us b. remu remune nera rato tory ry or compens compensat ator ory y – made on account of donee’s merits c. moda odal – imposes upo upon the don donee a burden which is less than the value of the thing donated
Donati Dona tion on In Inte terr Viv Vivos os 1. Takes effect inde indepen pende dent ntly ly of the the donor’s death 2. Titl Title e conv convey eyed ed to the donee before before the donor’s death
Donati Dona tion on Mo Mort rtis is Ca Caus usa a Take Takes s effe effect ct upon upon the the death of the donor Title tle conv onveyed eyed donor’s death
upon upon
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of the Code Of wills Donations prohibited by law: 1. Made Made by perso persons ns guilt guilty y of adu concubinage at the time of donation; 2. Made Made betw betwee een n perso persons ns foun found d gu the same criminal offense in conside thereof; 3. Made ade to a publi blic officer or spou spouse se,, desc descen enda dant nts s or asce ascend nd consideration of his/her office; 4. Made to the priest who he confession of the donor during the la last illness, or the minister of the gospe exte extend nded ed spir spirit itual ual aid aid to him him du same period; 5. Made Made to relati relatives ves of such such pri within the 4 th degree, or to the chur which such priest belongs; 6. Made Made by a ward ward to the the guar guardi dian an b the approval of accounts; 7. Made ade to an attes ttestting ing witnes tness s execution of donation, if there is any, the spouse, parents, or children, children, or claiming under them. 8. Made Made to a phys physic icia ian, n, surge surgeon on health officer or druggist who took ca the donor during his/her last illness; 9. Made Made by indi indivi vidu dual als, s, asso associ ciat at corporations not permitted by law to donations; and 10. Made Made by spouses spouses to each other other d the the marr marria iage ge or to perso persons ns of wh other spouse is a presumptive heir.
Forms of donations: 1. Donat Donation ions s of movabl movable e prop propert erty: y: a. With With simult simultan aneo eous us deli deliver very y of pro donated: i. it may may be be oral oral/w /wri ritt tten en – P less; ii. ii. if val value ue exce exceed eds s P5,0 P5,000 00 – w in public or private document b. Withou Withoutt simu simulta ltaneo neous us delive delivery: ry: the donatio writ acce ac cept ptanc ance e must mu st be writte te Sign up to vote on this title public or pri private ins Useful Notofuseful regardless value 2. Donat Donation ion of immo immovab vable le prop propert erty: y:
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75170312 Digests for Persons
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form, and noted in both deeds NOTE: Expres Expressio sion n of gratit gratitude ude to the donor donor withou thoutt expr xpress ess acce accept ptan ance ce was hel held a sufficient acceptance (Cuevas (Cuevas vs Cuevas) Cuevas) LIMITATIONS ON DONATION OF PROPERTY 1. Future Future proper property ty cannot cannot be dona donated ted.. 2. Presen Presentt prope property rty that that can can be dona donated ted:: a) if the the donor donor has has force forced d heirs: heirs: he canno cannott give or receive by donation more than he can give of receive by will b) if the donor has no forced heirs: dona donattion ion may incl nclude ude all all pres presen entt proper property ty provid provided ed he reserv reserves es in full full ownership or in usufruct: 1) the the amou amount nt neces necessa sary ry to supp suppor ortt him, and 2) thos those e rela relati tive ves s enti entitl tled ed to supp suppor ortt from him 3) proper property ty suff suffici icient ent to to pay the the donor donor’s ’s debt contracted prior to the donation. 3. Donati Donation on shoul should d not prej prejudi udice ce credi creditor tors s 4. Donee must reserve sufficient means for his support and for his relatives which are entitled to be supported by him. him. EFFECTS OF DONATION 1. donee donee may dema demand nd the the delive delivery ry of the the thin thing g donated 2. done donee e is subr subrog ogat ate ed to the rights ghts of the donor in the property 3. in donati donations ons propt propter er nuptia nuptias, s, the the donor must must release release the property property from encumbrances, encumbrances, except servitudes 4. donor donor’s ’s war warra rant nty y exist exists s if a. expressed b. dona donati tion on is is prop propte terr nupt nuptia ias s c. dona donati tion on is oner onerou ous s d. dono donorr is is in in bad bad fait faith h 5. when the dona onation is made to seve everal donees donees jointl jointly, y, they they are entitl entitled ed to equal equal porti portions ons,, with withou outt accr accret etio ion, n, unle unless ss the the contrary is stipulated Payment of the donor’s debt by the donee 1. If there is express stipulation: the donee is to pay pay only only debt debts s cont contra ract cted ed befo before re the the
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ACTS OF INGRATITUDE 1. If the the donee donee should should comm commit it some some o against the person, honor or property donor, or of his wife or children unde parental authority 2. If the donee nee imput putes to the do criminal offense, or any act involving turpitude, even though he should pro unless the crime or act has been comm agai agains nstt the the done donee e hims himsel elf, f, his his children under his authority 3. Refu Refusa sall to sup suppo port rt the the don donor or
PRESCRIPTION Kinds: 2. Acqu Acquis isit itiv ive e pres prescr crip ipti tion on - one one ownership ownership and other real rights thro lapse of time in the manner and unde conditions laid down by law. Ordina nary ry acqu acquis isit itiv ive e pres pres a. Ordi requir requires es posses possessio sion n of things things faith and with just title for the time by law Extraordinary nary acquisiti acquisitive ve prescr b. Extraordi acquisition of ownership and othe rights rights without without need of title title or or of faith or any other condition Requisites: 1) capaci capacity ty to to acquir acquire e by presc prescrip riptio tio 2) a thing capable of acquis prescription 3) possession of thing under conditions 4) lapse lapse of time time provi provided ded by law 2. Extinctive Prescription Prescription – rights and a are are lost lost thro throug ugh h the the laps lapse e of time time manner and under the conditions laid by law. Acquisitive Extinctiv prescription prescriptio 1. relationship between 1. one does not the the occu occupa pant nt and and the the the act of the po land in terms of but to the neglec posses possessio sion n is capabl capable e owner of p r o d u c i n g l e g a l title Sign up to vote on this consequences; theuseful Useful itis Not poss posses esso sorr who who is the the actor 2. requires requires possession possession 2. requir requires es ina
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other real rights in the occupant 5. results in the acquisition of ownership or other real rights in a pers person on as well well as the the loss of said ownership ownership or real rights in another 6. can be proven under the general issue without its being affirmatively pleaded
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exti extinc ncti tion on of righ rights ts or bars a right of action 5. results in the loss of of a real or personal right, or bars bars the the caus cause e of action action to enforc enforce e said said right 6. should be affi affirm rmat ativ ivel ely y plead pleaded ed and and prov proved ed to bar bar the the acti action on or clai claim m of the the adverse party
Period of Prescription Movables Immovables 1. Good Faith 4 years 10 years 2. Bad Faith 8 years 30 years Rules on Computation of Period: 1. The present present possess possessor or may comple complete te the period necessary for prescription by tacking his his poss posses essi sion on to that that of his his grant grantor or or predecessor 2. It is presumed presumed that that the present present possesso possessor r who was also the possessor at a previous time, time, has conti continue nued d to be in posses possessio sion n during the intervening time, unless there is proof to the contrary 3. The first first day shall shall be excluded excluded and the last day included Persons Against Whom Prescription runs: 1. Minor Minors s and othe otherr incapa incapacit citate ated d person persons s who have parents, guardians or other legal representatives 2. Absent Absentees ees who have have admi adminis nistra trator tors s 3. Persons living abroad who have managers or administrators 4. Juri Juridi dica call persons persons,, except except the stat state e and its subdivision Person Persons s again against st wh whom om presc prescrip riptio tion n does does NOT run: 1. Betw Betwee een n husb husban and d and and wife wife,, even even thou though gh there be separation of property agreed upon in the marria marriage ge settle settlemen ments ts or by judici judicial al decree.
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or void contract to quiet title to demand a rig to bring an actio abatement of publi nuisance to demand parti co-ownership to enforce a trus probate of a will to recover posse a registered land un Land Registration A registered owner b) 30 YEARS real actions over immovables (but no foreclosure) withou prejudice to the acq of ownership or rea by acquisitive presc c) 10 YEARS actions upon a w contract actions upon an obligation created b actions upon a ju from the time judgm becomes final actions among c to enforce warranty eviction in partition Mortgage action d) 8 YEARS action to recover movables without p to acquisition of title shorter period or to possessors title und 559, 1505 and 1133 e) 6 YEARS actions upon an (verbal) contract actions upon a q contract f) 5 YEARS action for annulm marriages (except o ground of insanity) legal separation cou from the occurrence cause actions against t heirs for warranty o solvency the debtor credits assigned in action for the de Sign up to vote on this title of the incapacity of Useful Not useful (devisee or legatee succeed) all other actions
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g) 4 YEARS
h) 3 YEARS
i) 2 YEARS
j) 1 YEAR
k) 6 MONTHS
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action to revoke donations due to noncompliance of conditions action to rescind partition of deceased’s estate on account of lesion action to claim rescission of contracts annulment of contracts for vice of consent actions upon a quasidelict action to revoke or reduce donations based on birth, appearance or adoption of a child actions upon an injury to the rights of the plaintiff (not arising from contract) actions under the eight hour labor law actions to recover losses in gambling money claims as a consequence of employeremployee relationship action to impugn legitimacy of a child if the husband or his heirs reside abroad action to impugn legitimacy of a child if the husband or his heirs are not residing in the city or municipality of birth action to impugn legitimacy of a child if the husband or his heirs are residing in the city or municipality of birth forcible entry and unlawful detainer Defamation Revocation of donation on the ground of ingratitude Rescission or for damages if immovable is sold with an apparent burdens or servitude action for warranty of solvency in assignment of credits actions for loss or damage to goods under the COGSA actions for warranty against hidden defects or
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