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What is Civil Law?

thereby committed for which the wrongdoer must be held


responsible. This principle is based upon the famous
When shall laws take effect? maxim summum jus summa injuria (the abuse of a right
is the greatest possible wrong)
Laws shall take effect after fifteen days following the
completion of their publication either in the Official Gazette, or Elements of abuse of rights
in a newspaper of general circulation in the Philippines, unless 1. There is a Legal right or duty;
it is otherwise provided 2. Such duty is exercised in Bad faith;
3. It is for the sole intent of Prejudicing or injuring
Laws that do not require publication requirement another;
4. The Absence of good faith is essential to abuse of right
1. Municipal Ordinances (governed by the Local Government Principle of damnum absque injuria
Code);
2. Rules and regulations which are internal in nature; It means damage without injury. One who merely
3. Letters of Instruction issued by administrative supervisors on exercises one’s rights does no actionable injury and
internal rules and guidelines;
cannot be held liable for damages
4. Interpretative regulations regulating only the personnel of
administrative agency. Contra Bonus Mores
Doctrine of Processual Presumption Any person who wilfully causes loss or injury to another
in a manner that is contrary to morals, good customs or
When the proper foreign law has not been properly proved, the
public policy shall compensate the latter for the damage
court of the forum may presume that said foreign law is the
(NCC, Art. 21). It fills countless gaps in the statutes,
same as the law of the forum that said court can now apply. It
which leave so many victims of moral wrongs helpless,
applies when the foreign law is not alleged or if alleged, it is not
even though they suffered material and moral damages
proved.
Elements of an action under Art. 21
Mistake of law
1. There is an act which is legal;
Want of knowledge or acquaintance with the laws of the
land insofar as they apply to the act, relation, duty, or 2. Such act is contrary to morals, good customs, public
matter under consideration. order or policy;
Mistake of fact 3. It is done with intent to injure.
Want of knowledge of some fact or facts constituting or Kinds of Persons- Natural and Juridical
relating to the subject matter on hand
Juridical Capacity- fitness to be the subject of legal relations
Nationality principle
Capacity to act- power to do acts with legal effects
Laws relating to family rights and duties or to the status,
condition, and legal capacity of persons are binding upon Civil personality- It is merely the external manifestation of
citizens of the Philippines, even though living abroad either juridical capacity or capacity to act. Consequently, it may
be defined as the aptitude of being the subject of rights and
Domiciliary theory obligations
The individual’s private rights, condition, status, and Restrictions on capacity to act- Minority, Insanity, Deaf-
capacity are determined by the law of his domicile. It is mute, Imbecility,Prodigality, Civil Interdictioni
adopted mostly by common law countries with population
consisting of different nationalities. Their unity may be Complete delivery- It means the cutting of the umbilical cord
achieved by adopting the law of their domicile. from the mother’s womb.

Lex rei sitae- Real property as well as personal property is Rights of the conceived child- right to Support, to receive
subject to the law of the country where it is situated Donations, to be Acknowledged

Lex loci celebrationis- The forms and solemnities of Kinds of Juridical Persons
contracts, wills, and other public instruments shall be governed
1.The State and its political subdivisions; .
by the laws of the country in which they are executed

Renvoi doctrine 2.Other corporations, institutions and entities for public


interest or purpose, created by law; their personality
A procedure whereby a jural matter presented is referred by begins as soon as they have been constituted according
the conflict of laws rules of the forum to a foreign state, to law;
the conflict of laws rules of which in turn refers the matter
3.Corporations, partnerships and associations for private
back to the law of the forum (remission) or a third state
interest or purpose to which the law grants a juridical
(transmission)
personality, separate and distinct from that of each
Transmission shareholder, partner or member

It is the process of applying the law of a foreign state Residence- is a place of abode, whether permanent or
through the law of a second foreign state. Not the same temporary.
as renvoi, Renvoi involves two laws while transmission
Domicile- denotes a fixed permanent place to which, when
involves three laws
absent, one has the intention of returning
Abuse of rights
What is marriage?
A right, though by itself legal because recognized or
A special contract of permanent union between a man and a
granted by law as such, may become the source of
woman entered into in accordance with law for the
some illegality. When a right is exercised in a manner
establishment of conjugal and family life. It is the foundation of
which does not conform to the norms enshrined in Art. 19
the family and an inviolable social institution whose nature,
and results in damage to another, a legal wrong is
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consequences, and incidents are governed by law and not agreement or opposition, as the case may be, to
subject to stipulation, except that marriage settlements may fix the petition
the property relations during the marriage within the limits
provided by the Family Code What are incestuous marriage?

Essential requisites of a valid marriage- Legal capacity,  Between ascendants and descendants of any
Consent freely given degree;
 Between brothers and sisters whether of the full
Formal requisites of a valid marriage- Marriage ceremony, or half-blood
Authority of the solemnizing officer, Valid marriage license,
except in a marriage of exceptional character What is a bigamous marriage?

Persons authorized to solemnize marriage When a person contracts a second or subsequent marriage
before the former marriage has been legally dissolved, or
 Incumbent judicial member before the absent spouse has been declared presumptively
 Priest, rabbi, imam or minister of any church/religious dead by means of judgment rendered in the proper
sect proceedings
 Consul general
Requisites for issuance of judicial declaration of
 Mayors
presumptive death
 Ship captain or airplane chief
 Military commander  That the absent spouse has been missing for
four consecutive years, or two consecutive years
Marriage certificate – best evidence of the existence of the
if the disappearance occurred where there is
marriage
danger of death under the circumstances laid
Marriage license- - A marriage license is required in order to down in Article 391 of the New Civil Code;
notify the public that two persons are about to be united in  That the present spouse wishes to remarry;
matrimony and that anyone who is aware or has knowledge of  That the present spouse has well-founded belief
any impediment to the union of the two shall make it known to that the absentee is dead;
the local civil registrar.  That the present spouse files a summary
proceeding for the declaration of presumptive
Psychological incapacity- Psychological incapacity is “no death of the absentee
less than a mental (not physical) incapacity that causes a
party to be truly (cognitive) of the basic marital covenants What are the grounds for legal separation? (10) Art 55
that concomitantly must be assumed and discharged by
the parties to the marriage which include their mutual Grounds for denial of petition for legal separation
obligations to live together, observe love, respect, fidelity,
 Condonation of the act complained of;
and to render help and support”
 Consent to the commission of the offense/act;
Requisites of Psychological Incapacity- Juridical  Connivance in the commission of the act;
antecedence, Gravity, Permanence or incurability  Collusion in the procurement of decree of LS;
 Mutual Guilt;
Guidelines set by the Court to aid in its disposition of  Prescription: 5 yrs from occurrence of cause;
cases involving psychological incapacity
 Death of either party during the pendency of the case
 Burden of proof to show the nullity of the (Lapuz-Sy v. Eufemio, G.R. No. L-31429, January 31,
marriage belongs to the plaintiff; 1972);
 The root cause of the psychological incapacity  Reconciliation of the spouses during the pendency of
the case (FC, Art. 56).
must be: (a) medically or clinically identified, (b)
alleged in the complaint, (c) sufficiently proven by Rights and obligations of the spouses – Live together,
experts and (d) clearly explained in the decision; Observe mutual love, respect, fidelity and Render mutual help
 The incapacity must be proven to be existing at and support
“the time of the celebration” of the marriage;
 Such incapacity must also be shown to be Requisites of a valid marriage settlement- in Writing, Signed
medically or clinically permanent or incurable; by the parties, Executed before the celebration of marriage,
 Such illness must be grave enough to bring about Registration
the disability of the party to assume the essential
Absolute Community Property- A property regime wherein
obligations of marriage;
the spouses are considered co-owners of all property
 The essential marital obligations must be those
brought into the marriage, as well as those acquired
embraced by Arts. 68 up to 71 of the FC as
during the marriage, which are not otherwise excluded
regards the husband and wife, as well as Arts.
from the community either by the provisions of the Family
220, 221 and 225 of the same Code in regard to
Code or by the marriage settlement
parents and their children. Such non-complied
marital obligation(s) must also be stated in the Conjugal Partnership of Gains- It is the property relation
petition, proven by evidence and included in the formed by the husband and the wife by placing in a common
text of the decision; fund: (FC, Art. 106) 1. The proceeds, product, fruits and
 Interpretations given by the National Appellate income of their separate properties; 2. Those acquired by
Matrimonial Tribunal of the Catholic Church in the either or both of them through: a. Effort; b. Chance.
Philippines, while not controlling or decisive,
should be given great respect by our courts; Properties excluded in the absolute community
 The trial court must order the prosecuting
attorney or fiscal and the Solicitor General to  Property acquired during the marriage by
appear as counsel for the state. No decision shall gratuitous title and its fruits as well as income
be handed down unless the Solicitor General thereof unless the grantor expressly provide they
issues a certification, which will be quoted in the shall form part of the community property;
decision, briefly stating therein his reasons for his

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 Property for personal and exclusive use of either 4. They shall be entitled to a legitime which shall consist of ½
spouse but jewelleries shall form part of the ACP of the legitime of a legitimate child (FC, Art. 176).
because of their monetary value;
 Property acquired before the marriage by one
Legitimated Children- Legitimated children are those who,
with legitimate descendants by former marriage
because of the subsequent marriage of their parents to each
and its fruits and income, if any;
other, are by legal fiction considered legitimate.
 Those excluded by the marriage settlement
Requisites of legitimation-
How is conjugal partnership terminated? 1. Child must have been conceived and born outside of
wedlock;
 Death of either spouse
2. Child’s parents, at the time of former’s conception, were not
 Legal separation disqualified by any impediment to marry each other or were so
 Annulment or declaration of nullity disqualified only because either or both of them were below
 Judicial separation of property during marriage eighteen (18) years of age;
3. The subsequent valid marriage of the parents.
Family relations

 Between husband and wife Adoption- is the process of making a child, whether related or
 Between parents and children not to the adopter, possess in general, the rights accorded to a
 Among other ascendants and descendants legitimate child. It is a juridical act, a proceeding in rem which
 Among brothers and sisters, whether full or half- creates between two persons a relationship similar to that
blood which results from legitimate paternity and filiation. The
modern trend is to consider adoption not merely as an act to
Beneficiaries of a Family Home establish a relationship of paternity and filiation, but also as an
act which endows the child with a legitimate status (
1. They must be among the relationships enumerated in Art.
154 of the Family Code; Emancipation- It is the release of a person from parental
2. They live in the FH; and authority whereby he becomes capacitated for civil life.
3. They are dependent for legal support upon the head of the
family. Property- All things which are or may be the object of
appropriation considered as either real or personal property
Requisites to be considered as beneficiary
Movable property
They must be among the relationships enumerated in Art. 154
of the Family Code; 1. Movables Susceptible of appropriation which are not
2. They live in the FH; and included in Art. 415;
3. They are dependent for legal support upon the head of the 2. Real property which by any Special provision of law
family. considers as personalty;
e.g. growing crops under the Chattel Mortgage Law
3. Forces of nature which are brought under the control of
Paternity- the civil status of a father with regard to the child. science ; e.g. electricity generated by electric powers, solar
light for batteries power.
Filiation- the civil status of a child with regard to his parents.
4. In general, all things which can be Transported from place to
Legitimate children- One who is conceived OR born during place without impairment of the real property to which they are
the marriage of the parents fixed (NCC, Art. 416);
5. Obligations and actions which have for their object movables
Rights of a legitimate children or demandable sums; and
6. Shares of stock of agricultural, commercial and industrial
1. To bear the surname of the father and the mother; entities, although they have real estate
2. To receive support from their parents, their ascendants, and
in proper cases, their brothers and sisters;
3. To be entitled to the legitimate and other successional rights Public dominion- It means ownership by the public in general.
granted to them by Art. 174 of the Family Code. It may also mean properties or things held by the State by
regalian right.
Illegitimate children
Kinds of public dominion
1. Children conceived and born outside a valid marriage:
2. Children born of couples who are not legally married or of 1. For public Use;
common law marriages; 2. Intended for public Service and not for public use; and
3. Children born of incestuous marriage; 3. For the Development of the national wealth (NCC, Art. 420)
4. Children born of bigamous marriage;
5. Children born of adulterous relations between parents;
6. Children born of marriages which are void for reasons of Kinds of ownership
public policy under Art. 38, Family Code;
1. Full ownership – Includes all the rights of an owner;
7. Children born of couples below 18
NOTE: Naked ownership + Usufruct
8. Children born of void marriages under art. 35, except where
2. Naked ownership – Ownership where the rights to the use
the marriage is void for lack of authority on the part of the
and to the fruits have been denied;
solemnizing officer, but the parties or either of them believed in
good faith that the solemnizing officer had authority, in which
NOTE: Full ownership – Usufruct
case the marriage will be considered valid and the children will
3. Sole ownership – Ownership is vested in only one person;
be considered legitimate.
4. Co-ownership– Ownership is vested in 2 or more persons.
There is Unity of the property, and plurality of the subjects.
Rights of an illegitimate children

1. They shall use the surname of the mother; Attributes of ownership


2. They shall be under the parental authority of the mother;
1. Right to enjoy (jus utendi)
3. They shall be entitled to support in conformity with the FC,
2. Right to the fruits (jus fruendi)
PROVIDED, only as to the separate property of the parent
3. Right to abuse (jus abutendi)
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4. Right to dispose (jus dispodendi) 3. Loss or destruction of thing co-owned;
5. Right to recover (jus vindicandi) 4. Sale of thing co-owned;
6. Right to accessories (jus accessiones) 5. Termination of period agreed upon;
7. Right to possess (jus possidendi) 6. Expropriation;
7. Judicial or extra-judicial Partition.

Hidden Treasure- By treasure is understood, for legal Possession- It is the holding of a thing or the enjoyment of a
purposes, any hidden and unknown deposit of money, jewelry, right
or other precious objects, the lawful ownership of which does
not appear Possessor in good faith- A possessor is in good faith when
he is not aware that there exists in his title or mode of
Accession - The right pertaining to the owner of a thing over acquisition any flaw which invalidates it
everything which is produced thereby, or which is incorporated
or attached thereto, either naturally or artificially Possessor in bad faith- A possessor in bad faith is one who
is aware that there exists in his title or mode of acquisition any
Pratus sequitur ventrem- offspring follows the mother flaw which invalidates it. Only personal knowledge of the flaw
in one’s title or mode of acquisition can make him a possessor
Accretion is the process whereby the soil is deposited while
in bad faith.
Alluvium alluvium is the soil deposited.
Requisites to constitute possession whether in good faith
Alluvion - It is the gradual deposit of sediment by natural or in bad faith-
1. Possessor has a title/mode of acquisition;
action of a current of fresh water (not sea water), the original
2. There is a flaw or defect in said title/mode;
identity of the deposit being lost. Where it is by sea water, it
3. The possessor is aware or unaware of the flaw or defect.
belongs to the State

Adjunction- It is the process by virtue of which two movable Usufruct- Usufruct is the right of a person called usufructuary,
things belonging to different owners are united in such a way to enjoy the property of another called the owner, with the
that they form a single object and each of the things united obligation of returning it at the designated time and preserving
preserves its own nature its form and substance, unless the title constituting it or the law
Requisites of adjunction- provides otherwise
1. 2 movables; Modes of acquiring ownership
2. Belonging to different owners;
3. United forming a single object; and 1. Occupation
4. Separation would impair their nature or result in substantial 2. Law
injury to either thing. 3. Donation
4. Tradition
5. Intellectual creation
Specification- It is the giving of new form to another’s material 6. Prescription
through application of labor. The material undergoes a 7. Succession
transformation or change of identity. The labor is the principal
and the material used is the accessory.
Occupation- Occupation is the acquisition of ownership by
Mixture- It is the combination of materials where the seizing corporeal thing that have no owner, made with the
respective identities of the component elements are lost either intention of acquiring them, and accomplished according to
voluntarily or by chance legal rules
Kinds of Mixtures Requisites of occupation
1. Commixtion – mixture of solids 1. There must be Seizure of a thing,
2. Confusion – mixture of liquids 2. Which must be a Corporeal personal property,
Quieting of title 3. Which must be Susceptible of appropriation by nature,
4. The thing must be Without an owner, and
Co-ownership- There is co-ownership whenever the
5. There must be an Intention to appropriate.
ownership of an undivided thing or right belongs to different
persons (NCC, Art. 484). It is the right of common dominion
which two or more persons have in a spiritual (or ideal) part of Just title- It means that the possessor obtained the
the thing which is not physically divided. possession of the property through one of the modes
recognized by law for acquiring ownership but the transferor or
Alteration grantor was not the owner of the property or he has no power
It is a change which is more or less permanent, which to transmit the right
changes the use of the thing and which prejudices the True title- One which actually exists and is not just a
condition of the thing or its enjoyment by the others pretended one.
Conversion Valid title- A title which is sufficient to transmit ownership of
It is the act of using or disposing of another’s property the property or right being conveyed had the transferor or
grantor been the real owner thereof.
without lawful authority to do so in a manner different
from that with which a property is held by the trustees to Succession- mode of acquisition by virtue of which the
whom the owner had entrusted the same. It is not property, rights and obligations to the extent of the value of the
necessary that the use for which the property is given be inheritance, of a person are transmitted through his death to
directly to the advantage of the person misappropriating or another or others either by his will or by operation of law
converting the property of another.
Inheritance-all property, rights and obligations of a person
Extinguishment of co-ownership which are not extinguished by his death
1. Consolidation or merger in one co-owner;
2. Acquisitive prescription in favor of a third person or a co-
owner who repudiates;
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Decedent- person whose property is transmitted through 4. The will was procured by Undue and improper pressure and
succession, whether or not he left a will. He is also called the influence, on the part of the beneficiary or some other person;
testator 5. The Signature of testator was procured by fraud.
6. The testator acted by Mistake or did not intend that the
Kinds of succession instrument he signed should be his will at the time of affixing
his signature thereto (NCC, Art. 839)
a. Testamentary Succession - that which results from the
designation of an heir, made in a will executed in the form
prescribed by law (NCC, Art. 779). Preterition- is the omission in testator’s will of one, some or all
b. Legal or Intestate Succession - that which takes place if a of the compulsory heirs in the direct line, whether living at the
person dies without a will, or with a void will, or one which has time of execution of the will or born after the death of the
subsequently lost its validity. testator
c. Mixed Succession - that effected partly by will and partly by
operation of law (NCC, Art. 780). Requisites of preterition

1. There is a total omission in the inheritance;


Devisee- persons to whom gifts of real property are given by 3. The person omitted is a compulsory heir in the direct line;
virtue of a will 4. The omitted compulsory heir must survive the testator, or in
case the compulsory heir predeceased the testator, there is a
right of representation;
Legatee- 5. Nothing must have been received by the heir by gratuitous
persons to whom gifts of personal property are given by virtue title.
of a will

Will- is an act whereby a person is permitted, with the Fideicommissary substitution-


formalities prescribed by law, to control to a certain degree the It is a substitution by virtue of which the fiduciary or first heir
disposition of his estate, to take effect after his death ( instituted is entrusted with the obligation to preserve and to
transmit to a second heir the whole or part of the inheritance. It
Requisites of testamentary capacity shall be valid provided such substitution does not go beyond
one degree from the heir originally instituted, and provided
1. All persons not expressly prohibited by law (NCC, Art. 796) further, that the fiduciary or first heir and the second heir are
2. At least 18 years of age; (NCC, Art. 797) and living at the time of the death of the testator (NCC, Art. 863).
3. Of sound mind (NCC, Art. 798)

Legitime- is that part of the testator's property which he cannot


Holographic wills- is one entirely written, dated, and signed dispose of because the law has reserved it for certain heirs
by the hand of the testator himself. It is subject to no other who are, therefore, called compulsory heirs.
form, and may be made in or out of the Philippines, and need
not be witnessed Collation- is the process of adding the value of the thing
donated to the net value of hereditary estate.
Codicils- is a supplement or addition to a will, made after the
execution of a will and annexed to be taken as part thereof, by Disinheritance- is the process or act, thru a testamentary
which any disposition made in the original will is explained, disposition of depriving a compulsory heir of his legitime for
added to, or altered causes expressly stated by law

Modes of revoking a will- Requisites of a valid disinheritance


1. By implication of law;
2. By some will, codicil, or other writing executed as provided 1. Made in a valid will
in case of wills; or 2. Identity of the heir is clearly established
3. By physical destruction through burning, cancelation or 3. For a legal cause
obliteration (NCC, Art. 830). 4. Expressly made
5. Cause stated in the will
6. Absolute or unconditional
Requisites of revocation by subsequent will or codicil 7. Total
8. Cause must be true and if challenged by the heir, it must be
1. The subsequent instrument must comply with the formal proved to be true.
requirements of a will;
2. The testator must possess testamentary capacity; Persons incapacitated to succeed by reason of
3. The subsequent instrument must either contain a revocatory unworthiness
clause or be incompatible with the prior will (totally or partially);
and Legal or intestate succession- is that which is effected by
4. The revoking will must be admitted to probate. operation of law in default of a will.

Partition- is the separation, division and assignment of a thing


Requisites of revocation by physical act of destruction held in common among those to whom it may belong. The
thing itself may be divided or its value
1. Overt act of physical destruction;
2. Testamentary capacity of the testator at the time of
performing the act of revocation;
3. Animus Revocandi - intention to revoke;
4. Performed by testator himself or other person in the
presence and express direction of the testator.

Grounds for denying a probate

1. The Formalities required by law have not been complied


with;
2. The testator was Insane or otherwise mentally incapable of
making a will, at the time of its execution;
3. The will was executed through Force or under duress, or
influence of fear or threats;
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