CIVIL LAW

Art. ! "lements of abuse of right: )! the existence of a le al ri ht or duty *! which is exercised in bad faith +! for the sole intent of pre'udicin or in'urin another Art. #$ - .peaks of eneral sanction for all other provisions of law which do not specially provide for their own sanction Art. # % Contra bonus mores "lements: )! there is an act which is le al *! but which is contrary to morals$ ood custom$ public order$ or public policy

3oid 3oidable As to )ature: Inexistent from the time of its performance

Conjugal Partnership of Gains valid and bindin until it is valid and bindin until it is a annulled by a competent As to basis: The exclusive properties of the spouses are kept entirely separate and distinct from the benefits which they acquired durin the marria e! "asis# mutual trust and confidence between spouses and does not enhance the presumption of solidarity between them! As to retention of Property: %ach spouse retains his&her properties acquired prior to the marria e but the fruits and income of such properties form part of the con'u al properties durin the marria e As to dissolution: %xclusive properties of the spouses are returned upon the dissolution of the partnerships and the spouses or their heirs equally divide only the net profits of the partnership

System of Absolute Community

court As to susceptibility of Con/alidation: may be convalidated either by (ot susceptible of prescription or by cohabitation convalidation As to effect upon property# the property relations a between the parties are the overned by the rules of community co-ownership system is marria e settlement As to effect upon children: The children are considered children conceived before the Ille itimate under Art! )31 4C decree of annulment are considered le itimate As to ho4 marriage may be .mpugned: 5ay be attacked either directly 'udicial declaration is necessary 6r collateraly As to 4ho may impugn marriage: may be impu ned by anyone may be impu ned only as a who is directly affected eneral rule by one of the contractin parties As to 4hen marriage may be .mpugned: 5ay be impu ned even after can no lon er be impu ned the after the death of one of Art.death 5# of one of the the - if the final 'ud ment of annulment or declaration or contractin parties contractin parties absolute nullity of the marria e is not recorded in the civil As to necessary of judicial re istry$ the subsequent marria e of either of the former Declaration: spouses shall be null and /oid. .t is only after 7udicial complying declaration 4ith all isthe not requirements 'udicial declaration of Art. is 5# of the 6C that either spouse may marry again. necessary (ecessary to establish its Invalidity but for purpose of the Decree of Declaration of 7he Court shall issue 8emarria e$ there must be Absolute )ullity or Annulment of (arriage after: 7udicial nullity )! redeclaration istration of of the entry of 'ud ment rantin the petition for declaration of nullity of annulment of marria e in the Civil 8e istry where the marria e was celebrated and in the Civil 8e istry of the places where the 4amily Court is located! *! 8e istration of the approved partition and distribution of the properties of the spouses in the proper 8e ister of 0eeds where the real properties are located +! 0ecree in the Civil 8e istry where the marria e was re istered$ the Civil 8e istry of the place where the Art. 8# 'equisites for a /alid donation propter nuptias: )! donation must be before the celebration of the marria e *! donation must be made in consideration of the marria e +! donation must be in favour of one or both of the future spouses! Art. 8 Properties that may be donated by reason of marriage: 99if the donor is a person other than of the future spouse: -can donate only present property$ and not future property 99if the donor is one of the future spouses - can donate either present or future property or both$ sub'ect to the followin limitations : Art! ;, Art. 80 - even if the marria e is not celebrated$ the donation is still valid$ althou h revocable in character! <ence$ the noncelebration of the marria e is merely a resolutory condition which will entitle the donor to ask for the revocation of the donation! 1 until the donor does not brin an action a ainst the donee =faulted> for the revocation of the donation within the statutory period of prescription the donation would be valid! the property relations are$ as eneral rule$ overned by rules on absolute unless another a reed upon in

All properties acquired by the spouses even before marria e become community property! "asis# trust and confidence between the spouses which will$ thus$ foster unity between them!

Art. #& 'equisites in order that a public employee be held liable: )! there must be a refusal or ne lect of public servant or employee to perform his official duty/ in other words$ there must be nonfeasance$ not malfeasance or misfeasance! *! the refusal or ne lect must be without 'ust cause +! the duty must be ministerial$ not discretionary ,! the plaintiff must have suffered some material or moral loss as a result (alfeasance Wron ful conduct by a public official (isfeasance 0oin a proper act in a wron ful or in'urious manner )onfeasance Art. *#+** , * .ndependent Ci/il Actions: )! interferences by public officers or employees or by private individuals with civil ri hts or liberties *! defamation +! fraud ,! physical in'uries 1! refusal or ne lect of a city or municipal officer to render aid or protection in case of dan er to life or property

The spouses do not retain any property acquired before marria e and all properties they own at the time of marria e become part of the community property

(o exclusive properties of the spouses to be returned and upon the dissolution of the community property$ the spouses or their heirs equally divide the net remainder of the properties of the absolute community

As to liquidation:

method

of It would be easier to liquidate the community property since its net remainder is merely divided equally between the spouses or their heirs!

Will entail identification and return of exclusive properties of the spouses

Art. *0 "lements of Pre1judicial question: )! it must be determinative of the uilt or innocence of the accused in the criminal case *! 'urisdiction to try said question must be lod ed in another tribunal Sec. & 'ule of the 'e/ised 'ules on Criminal Procedure: "lements: )! a previously instituted civil action involves an issue similar or intimately related to the issue raised in the subsequent Distinguish Juridical capacity from Capacity to Act: Juridical Capacity )! inherent in every natural person$ and therefore is not *! lost only throu h death Capacity to Act Is not inherent and therefore$ is acquired Lost throu h other means or circumstances Limited or restricted by certain circumstances Its existence implies that of the former

+! cannot be limited or restricted ,! can exist without the latter

Art. * 1*# 'equisites in order that a ship captain or airplane pilot may solemni2e: )! the marria e must be in articulo mortis *! It must be solemni2ed while the ship is at sea or the plane is in fli ht or durin stopovers at ports of call 'equisites in order that a commanding officer of an army unit may solemni2e: )! The marria e must be in articulo mortis *! it must be solemni2ed only in the absence of a chaplain +! the military commander must be a commissioned officer ,! it must be solemni2ed within the 2one of military operations

Art. #Alienation or encumbrance of property requires the consent of both spouse (anagement or administration of property does not require that the husband and the wife always act to ether Art. *Causes of Judicial Separation: - court authori2ation under Art! )*, of the 4C is only 3oluntary: resorted to in cases where the spouses who does not ive 1 5ere a reement by both spouses will be sufficient consent$ is incapacitated! .n/oluntary: 99 an action to annul an alienation or encumbrance may be )! that the spouse of the petitioner has been sentenced to a instituted by the other spouse durin the marria e and within penalty which carries with it civil interdiction )? years from the transaction questioned! The lack of *! that the spouse of the petitioner has been 'udicially consent of the wife will not make the husband@s alienation or declared encumbrance of real property of the con'u al partnership an absentee void$ but merely voidable! +! that loss of parental authority of the spouse of petitioner has been decreed by the court ,! that the Art. 5 spouse of the petitioner has abandoned the latter or 1 if they are gratuitous+ such benefits are enerally failed to comply with his or her obli ations to spouse the family considered to be the exclusive properties of the as provided in Art! )?) of the 4C! - if they are onerous+ they are considered to be con'u al 1! that the spouse ranted the power of administration in the property ties! marria e settlements has abused that power

Art. &* and &5 Proof of filiation: <egitimate % durin the lifetime of the child .llegitimate durin the lifetime of the alle ed parent - when action is based on *nd par! of Art! )B* 1 if action is based on an admission of le itimate filiation in a public document or a private handwritten instrument si ned by the parent concerned$ durin the Art. -#lifetime of the child (eaning of Public Dominion: )! those intended for public use =canals$ roads$ rivers$ torrents$
ports>

Art. 0-! 8equisites for the easement of 8i ht of way# =S.;PA;= )! S : .urrounded by estate *! . : Indemnity +! ; : 6wner@s act =demandable only by the owner or one with a real ri ht like usufructuary> ,! P : least Are'udicial to the servient estate 1! A : no Adequate outlet to a public hi hway 3! ; : 6wn act =isolation must not be due to the proprietor@s

Art. & #

'eal Property

Personal Property

*! Those which belon to the .tate$ w&o bein for public use$ and are intended for some public service or for the development of the national wealth! +! Aroperty for public use$ in the provinces$ cities$ and municipalities
=municipal streets$ square$ fountains$ public waters>

Characteristics of property of pubic dominion# )! They cannot be appropriated *! They cannot be the sub'ect matter of contracts$ hence$

Art. -! , -!# <ease of personal property % is a mere act of Possession ;4nership administration$ and therefore$ requires the resolution of the <oldin of a thin or the %xists whenma'ority a thin of the coen'oyment of a ri ht! To pertainin to one person is actually owners! and physically completely sub'ected to his <ease a of real with property % may be anin act of administration or occupy thin or without will a manner not an act ri ht prohibited by law and of alteration dependin uponconsistent the circumstances ofhts each with the ri of particular case! Thus# others =)> If the lease is recorded in the 8e istry of Aroperty$ # 4ays: Confers certain ri hts to the whatever may be of the duration thereof$ is an is act of Possession in a concept owner$ one ofit which the ownership$ and therefore$ requires theof unanimous o4ners : may be the owners ri ht to dispose the thin consent or those who themselves by way of sale! all the co-owners$ since under the law$ a special claim to be of so! power of attorney is required! Possession of a holder : =*> If the lease is not recorded in the 8e istry of acknowled e in another a Aroperty$ but superior ri ht which he the duration thereof is more than one year$ it is also believes to be ownership$ an whether his belief be ri ht or act of ownership$ and therefore$$ requires the wron ! unanimous

The active "oth active and As to sub'ect is a passive sub'ects are Art. 0 * parties definite person definite persons Characteristics of easements: )! It is a real ri ht ='us in re> The sub'ect As to *! It is a ri ht imposed over another property ='us in re matter is It is always aliena> subject enerally incorporeal +! it is a limitation upon the servient owner@s ri ht of matter corporeal ownership ,! It is a ri ht constituted over an immovable As to 1! it is Created by from the estate Created inseparable to merely which itby actively or cause passively mode and title title belon s 3! it is indivisible As to nature of Aroduces Aroduces action in action action in rem personam 4hich they produce As to manner in 4hich acti/e subject acts o/er the subject matter

Active sub'ect acts directly

The active sub'ect acts indirectly by means of a personal actions a ainst the obli or

As to modes of e:tinction

8i ht disappears if the sub'ect matter disappears

The ri ht survives if the sub'ect matter disappears

Art. -#& % -#8 'ights of a person o/er his property: )! T6 en'oy the property *! To dispose of the property +! T6 recover the property from any holder or possessor ,! To exclude any person from the en'oyment and disposal of the property 1! To enclose or fence his land or tenement 3! To 'ust compensation in case of eminent domain B! To construct any works$ or make any plantation or excavation on the surface or sub-surface of his land ;! To the ownership of all or a part of hidden treasures found in his property C! To the ownership of all accessions to his property Attributes or elements of o4nership: )!The ri ht to en'oy# a! 7us utendi! ri ht to use b! 7us fruendi$ ri ht to en'oy the fruits c! 7us abutendi$ ri ht to consume the thin by its use *! The ri ht to dispose =7us disponendi> Art. -5& A third person my acquire the increase area of the land by Art. -00 prescription if characteristics the person whose land was increased fails to Disticnti/e of adjunction: re ister the same! The fact that the riparian land is re istered . does not automatically make a re istered land Art. Ad'unction -&0 may take place inthe the accretion followin ways# because it is not included theof Torrens title! )! Inclusion or quiet en raftment 'equisites to thein title real property: *! soldadura or must attachement )! the plaintiff have a le al or equitable title to$ or Art. -58 +! te'ido or weavin interest Art. -5&1-05 1applies 4hen the estate adjoins: ,! pintura or paintin in the real property which is the sub'ect-matter of the Allu/ion A/ulsion =a> pond or writin =b> la oon 1! escritura action -does not must applybe when the on estate ad'oins lake$ river$ creek or *!there a cloud such title is a Accretion is radual Accretion sudden and abrupt other streams +! such cloud must be due to some instrument$ record$ claim$cannot be Accretion Can be identified encumbrance or proceedin which is apparently valid or identified There is merely but attachment There is in first detachment effective is in truth and in fact valid$ ineffective$ followed attachment/ voidable$ or unenforceable$ and is pre'udicial to the plaintiff@s belon s to The accretion The ownership is retained by the titleof the land to the owner owner of the land from which it is ,! the plaintiff must return to the defendant allfor benefits which the attachment is detached $ at least/ certain he may latter$ or reimburse him for made ipsohave 'ure received from the period expenses that may have redounded to his benefit! 99 tax declarations are not conclusive evidence of ownership of Art. 5#015#8 Possessor in good faith % one who is not aware that there exists in his title or mode of acquisition any flaw or defect which invalidates it! 'equisites: )! the possessor should have acquired the thin throu h some title or by some mode of acquisition reco ni2ed by law there must be a flaw or defect in such title or mode of Art. *! 55! acquisition 1 the only exception the law allows is when there is +! the possessor should not be awareat ofa such flaw or acquisition in ood faith by the possessor public sale! defect .nstances 4hereby the o4ner of a mo/able 4ho has Possessor in has bad been faith % one who is awarethereof that there exist lost it or unduly depri/ed can no in his title or mode of some flaw or defect which longer reco/er it acquisition from the possessor: invalidates it )! if recovery is no lon er possible because of 'equisites: prescription )! the possessor =Art! ))+*> should have acquired the thin throu h some *! If the possessor had acquired the thin from a person title or by some mode acquisition by law whose authority to sellof the owner is reco by hisni2ed conduct *! there must be a flaw or defect in such title or mode of precluded from denyin =Art! )1?1 par! ) (CC> +! acquisition if the possessor has acquired the thin from a merchant@s store$ or in fairs$ or markets$ in accordance with the Code of Commerce and special laws! =Art! )1?1 par! + (CC> ,! If the title is a ne otiable instrument or a ne otiable document of title and the possessor is a purchaser in ood faith and for value! =.ec! 1B$ Act (o! *?+)/ Art! )1);

Art. & * 'equisites of occupation: )! there must be a sei2ure or apprehension *! the thin sei2ed must be corporeal +! the thin sei2ed must be without any owner ,! there must be an intention to acquire ownership over the thin 1! there must be compliance with the rules prescribed by law!

;ccupation 5ode of acquirin ownership the Which involves some form of holdin can take place only with respect to property without an owner when proper$ confers rise to ownership ownership

Possession the holdin of a thin or en'oyment

can refer to all kinds of property whether with or without an owner does not by itself ive

Art. & # 'equisites in order for tradition becomes a mode of acquiring o4nership: )! the ri ht to be transmitted should have previously existed in the patrimony of the rantor *! the transmission should be by virtue of a 'ust title +! The rantor and the rantee should have the intention and the necessary capacity to transmit and to acquire ,! the transmission should be manifested by some

Art. &#81&#! Donation inter /i/os Takes effect independently of the donor@s death Title or ownership is conveyed to the transferee before the death of the transferor Valid if the transferor should survive transferee As a eneral rule# irrevocable durin the transferor@s lifetime Deneral rule# comply with the formalities prescribed by Arts! B,; and B,C (CC Art. &** Simple or Pure Donation 6ne whose cause is pure liberality =no strin s attached? ;nerous Donation 6ne which is sub'ect to burdens$ char es or future services equal to or more in value than thin donated .hall be overned by the rules on contracts Donation mortis causa Takes effect upon the death of the donor .uch title or ownership is conveyed only upon the death of the transferor

Art. 8#! Law that overns the revocation of the will# )! .f the act of re/ocation ta>es place in the Philippines $ it is essential that it must be done in accordance with the laws of the Ahilippines! This is true whether the testator is domiciled in this country or in same other country *. if the act of re/ocation ta>es place outside the Philippines by a testator 4ho is domiciled in the Philippines $ it is essential that it must be done in accordance with the laws of the Ahilippines +. .f the act of re/ocation ta>es place outside of the

Art. & 'equisites for acquisiti/e prescription: In case of 680I(A8E ACFGI.ITIV% A8%.C8IATI6(# )! Capacity to acquire by prescription *! The ob'ect must be susceptible of prescription +! the possession must be in concept of owner$ public$ peaceful$ continuous$ and uninterrupted ,! The possession must be in ood faith 1! The possession must be by virtue of a 'ust title 3! The period of possession must be four =,> years if the ob'ect is movable or ten =)?> years if its immovable In case of %HT8A680I(A8E ACFGI.ITIV% A8%.C8IATI6(# )! Capacity to acquire by prescription *! The ob'ect must be susceptible of prescription +! The possession must be in concept of owner$ public$ peaceful! continuous$ and uninterrupted

Is void

Always revocable

Always comply with the formalities prescribed by law for the execution of wills! place Art. *! 1 55 ":tincti/e Prescription: Art. 850 <eirs who die before the testator Compulsory <eir : able to transmit his ri ht to his le itime to his own heirs in the direct line who can represent him$ but only in case of predecease or incapacity$ and not in case of reproduction Art. 8! Causes which will extin uish reserve troncal# )! 0eath of the ascendant-reservista *! 0eath of all relatives of the descendant-propositus within the third de ree who belon to the line from which the reservable property came +!Loss of the reservable property for causes not due to the fault or ne li ence of the ascendant-reservista ,! renunciation by the reservatories 1! Acquisition by the reservista oor by a third person of the reservable property by prescription 3! Acquisition by the reservista of the reservable Art. ! 5 8equisites of a valid disinheritance# )! The disinheritance must be for a cause expressly stated by law *! It must be affected only throu h a will +! The le al cause for the disinheritance must be specified in the will itself Art. !&$1!&& When does the ri ht of representation take place# .n 7"S7A(")7A'@ SACC"SS.;): )! In case a compulsory heir in the direct descendin line dies before the testator survived by his children or descendants *! In case a compulsory heir in the direct descendin line is incapacitated to succeed from the testator and he has children or descendants=Art ;13$ )?+1 (CC> +! In case a compulsory heir in the direct descendin line is disinherited and he has children or descendants=Art C*+(CC> .n .)7"S7A7" SACC"SS.;): )! In case a le al heir in the direct descendin line dies before the decedent survived by his children or descendant =Art! C;)$C;* (CC>$ or in the absence of other heirs who can exclude them from the succession$ a brother or sister dies before the decedent survived by his or her own children *! In case a le al heir in the direct descendin line is incapacitated to succeed from the decedent and he has children or descendants =Art! )?+1 (CC>$ or in the Art !!*1!!- when an ille itimate person dies intestate without descendants$ or parents$ or survivin spouse$ the only Art. $&8 who can inherit from him are brothers and collaterals , ways to partition the estate# sisters$ nephews and nieces! )! "y extra'udicial settlement =8ule B, .ec)> *! by ordinary action for partition =8ule B, .ec! B,$ .ec! )> Art. $&0 +! by 'udicial summary settlement =8ule B,$ .ec *> -this provisions could be applied only to the case of a ,! by administration proceedin s =8ule B; to 8ule C?> donation that is revoked as inofficious in its totality under the rules of Art! C)*/ it is only then that the very same thin donated must be returned After -$ days - 8edhibitory action based on defects of animals =Art! )1BB > After 0 months a> action for reduction of price for rescission in case of breach of sale of real estate either with a statement of its area at a certain price for a unit of measure or number =Art! )1,+$ )1+C (CC>$ or for a lump sum =Art! )1,+$ )1,*> b> Action for warranty a ainst hidden defects of thin sold =Art! )1B) (CC> After year a> action by husband a ainst wife to impu n child@s le itimacy if husband is in the same place as wife =Art! )B?$4C> b> Action for revocation of donation for acts or in ratitude =Art! B3C (CC> c> Action for forcible entry or unlawful detainer =Art!
)),B(CC>

4ormalities required are not applicable! 0onation is perfected from the moment the donor knows of the acceptance by the donee

Art. &0$1&05 (odes by 4hich donations inter /i/os may be re/o>ed: )! .upervenin birth$ survival$ or adoption of a child =Art! B3?> * (on-fulfilment of the condition or char e imposed =Art! B3?> +! Acts of in ratitude of the done =Art! B31> ,! inofficious donations =Art! BB)> (odes by 4hich donations inter /i/os may be reduced: )! that the donor did not reserve sufficient means for his support as well as for the support of all relatives who$ at the time of the donation$ are by law entitled to be supported by such Art. &8* Characteristics of a 4ill: )! It is strictly personal act *! it is a unilateral and individual act +! it is a free and voluntary act ,! It is a formal and solemn act 1! it is a disposition of property 3! It is an act mortis causa B! It is ambulatory and revocable

d> Action for defamation =art! )),B (CC> e> Action for rescission or for dama es if immovable sold is encumbered with non-apparent burden or servitude =Art! )13? (CC> After # years - action to impu n child@s le itimacy if husband is in the Ahilippines but not in same place as wife =Art! )B? 4C> After * years 1 action to impu n child@s le itimacy if husband is abroad =Art! )B? 4C> After - years a> action for revocation or reduction of donation based on supervenin birth$ appearance or adoption of a child =Art! B3+ (CC> b> Action for revocation of donation based on nonfulfilment of condition =Art! Art! B3, (CC> c> Action for recovery of movable =replevin> if possessor is in ood faith CArt! ))+* par! ) (CC> d> action upon an in'ury to ri hts of plaintiff =Art! )),3 (CC> e> Action upon a quasi-delict =Art! )),3 (CC> f> Action for rescission of rescissible contracts =Art! )+;C(CC> > action for annulment of voidable contracts =Art! )+C)(CC> After 5 years a> action for le al separation =Art! 1B4C> b> action for annulment of marria e based on one lack of =)> parental consent =Art! ,B =)>4C> =*> 4raud =par +> =+> 4orce$ intimidation or undue influence =par ,> =,> Ahysical incapacity and afflicted with a sexuality transmissible disease =par 1> c> Action to claim le itimacy if child should die durin minority or in state of insanity =Art! )B+ 4C> d> Action for declaration of incapacity of heir =Art! )?,? (CC> e> Action for warranty of solvency of debtor if credit is assi ned to co-heir durin partition =Art! )?C1 (CC> f> all other actions whose periods are not fixed by law =Art )),C (CC> After 0 years a> action upon oral contract =Art! )),3 (CC> b> action upon a quasi-contract =Art! )),3 (CC> After 8 years - action for recovery of movables =replevin> if possessor is in bad faith =Art! ))++* par! *! Art! )),? (CC> After $ years a> action for recovery of possession of immovables

Art. 8$-18#& 6ormalities of a ordinary or notarial 4ill: )! written will *! executed in a lan ua e or dialect known to the testator +! subscribed at the end thereof by the testator himself or by the testator@s name written by some other person in his presence and by his express direction ,! attested and subscribed by + or more credible witnesses in the presence of the testator and of one another 1! all of the pa es of which are si ned$ except the last$ on the left mar in by the testator or the person requested by him to write his name and by the instrumental witness 3! numbered correlatively in letters placed on the upper part of each pa e B! containin an attestation clause executed by the witness ;! properly acknowled ed before a notary public by the testator and the said witnesses 6ormalities of a ?olographic 4ill: Art 8$! - If the defect cannot be cured by an examination of the contents of the will or by intrinsic evidence$ then it would be fatal to the validity of the will! *kinds of defects of attestation clause applicable to 0octrine of Liberal Interpretation# )! defects and imperfections in the form of the attestation *! that the defect and imperfection in the lan ua e used therein

6acultati/e ;bligations 6nly one ob'ect is due 5ay be complied with by the delivery of another ob'ect or the performance of another prestation is substitution of that which is due The ri ht of choice pertains only to the debtor Loss or impossibility of the ob'ector prestation which is due without any fault or the debtor is sufficient to extin uish the obli ation The culpable loss of the ob'ect which the debtor may deliver in substitution before the substitution is affected does not ive rise to any liability on the part of such debtor

Alternati/e ;bligations .everal ob'ects are due 5ay be complied with by the delivery of one of the ob'ects or by the performance of one of the prestations which are alternative due 8i ht of choice may pertain even to the creditor or to a third loss party The or impossibility of all the ob'ects or prestations which are due without any fault of the debtor is necessary to extin uish the obli ation The culpable loss of any of the ob'ects which are alternative due before the choice is made ive rise to a liability on the part of the debtor!

Art. *$5 %ssential characteristics of contracts# )! obli atory force and compliance in ood faith *! liberty to stipulate +! mutually bound ,! relativity 1! perfection by mere consent : consensuality Art. *$& Jinds of Innominate contracts# )! 0o ut des : I ive that you ive *! 0o ut facias : I ive that you do +! 4acio ut des : I do that you ive ,! 4acio ut facias : I do that you do - theses contracts shall be re ulated by the stipulation of the parties$ by the eneral provisions or principles of obli ations and contracts$ by the rules overnin the most analo ous nominate contracts$ and by the custom of the place

Art. #50 'equisites of consignation: )! there is a debt due *! consi nation has been made either because the creditor to whom tender of payment was made refused to accept the payment without 'ust cause$ or because any of the cause stated by law for effective consi nation without previous tender if payment exists =Art! )*13 (CC> +! That previous notice of the consi nation had been iven to the persons interested in the fulfillment of the obli ation =same> ,! That the thin or amount due had been placed at the disposal

Art. * par # 1 Stipulation pour atrui B stipulation in favour of a third person 8equisites# )! that the stipulation in favour of the third person should be a part$ not the whole$ of the contract *! that the favourable stipulation should not be conditioned or compensated by any kind of obli ation whatever +! neither of the contractin parties bears the le al representation or authori2ation of the third person Art. * - interference with contractual relations 8equisites in order to become actionable# )! the existence of a contract is valid *! knowled e on the part of the third person of the existence of such contract +! interference by the third person without le al 'ustification or Art. * ! 8equisites of consent# Art. *#& C = )! must be manifested by the concurrence of the offer and ":ceptions of )o. the )! when the contract is entered (CC> into by a minor who Acceptance =Art! )+)C-)+*3 misrepresents his a e$ applyin the doctrine *! contractin parties must possess the necessary le al of estoppels capacity *! where the contract involves the sale and delivery of =Art! )+*B -)+*C> necessaries to the minor ),;C * (CC> +! the consent must be intelli=Art ent$ free$par spontaneous$ and +! where it involves a natural obli ation and such obli ation is voluntarily fulfilled by the minor$ provided that such minor is between ); and *) of a e CArt ),*3$ ),*B (CC> ,! when it is marria e settlement or a donation by reason of marria e$ provided that the minor is between *? and *)$*8$ if Art. male$ or between )* characteristics and *)$ if female )*?$ )*; "ssential features and of=Art! defecti/e Art! (CC> )++; I )+,, contracts: 0olo causante Dolo incidente 8efers to a fraud Contracts which is (ot serious 'escissible serious in character )! Their defect consists in in'ury or dama e either to one of The cause which induces the (ot the cause the contractin parties or to third persons! party upon whom it is *! "efore rescission$ they are valid and therefore le ally employed in enterin into the effective contract +! They are susceptible of convalidation only by The effect of the first is to To render the party who prescription render the contract voidable employed it liable for and not by ratification dama es ,! They can be attacked directly only$ and not collaterally 1! They can be attacked either by a contractin party who suffers in'ury or by a third person who is defrauded 'equisites: )! %ntered into by uardian whenever ward suffers dama e by *58 Art. more than)&, of value of ob'ect 6ormalities for the /alidity of *! A reed upon in representation of absentees$ if absentee contracts suffers lesion by more than K of value of property +! Contracts where rescission is based on fraud committed on Contracts 4hich must appear in 4riting: =accion pauliana> )!creditor 0onations of personal property whose value exceeds ,! of liti ation/ contract entered into by defendant Art. 6b'ects *8 1$???!?? w&o G.'. action topiece claimof rescission must be commenced within *!: .ale of a land or any interest therein by an knowled e or approval of liti ants or 'udicial authority , a ent 1! Aayment by an insolvent : on debts w&c are not yet due/ Art. -$* Anenforceable Contracts Eears of +!pre'udices contracts antichresis$ claim of othersthe amount of the principal ":ceptions: of 3!and Arovided for by law - art )1*3$ )1+,$ )1+;$ )1+C$ )1,*$ "ssential features and of defecti/e Ifthe theinterest action is based on lesion in : the period must be )113$ shall becharacteristics specified writin =Art! *)+, contracts: )13?$ )13B )31C counted from theand time of the termination of the incapacity of (CC> Anenforceable Contracts the ward from the re time the domicile of the absentee ,! A or reements ardin payment of interest in is ii! Ander art *8#consist - Aayments a state of insolvency )! their defect eithermade in thein fact that they were known contracts of )! Alaintiff has no other means to obtain reparation! entered loan must be able to return whatever he may be *! Alaintiff into in excess or without any be authority$ orfrom theythe do time not If it is based on fraud : must counted obli ed to comply with .tatute 4rauds$ or both contractin of the discovery of fraud return due tothe rescission Contracts must appear inof Public Document: parties le ally incapacitated +! 0onation The thinare s not have been passed to +rd parties )! ofmust immovable property who didcannot not act in bad contracts faith *! they enforced by a of proper action in court in be certain sale which are *! <owever$ Aartnerships where immovable property or real ri hts ,! they It must be made within the prescribed period =of is , +! are susceptible of convalidation by ratification specially declared by law to be rescissible$ the period are years> ,! they cannot be attacked or assailed by third 3months or even ,?days$ counted from the day of persons delivery

Art. #0# 8equisites to extin uished obli ation by the loss or destruction of the thin due# )! the thin which is lost is determinate *! the thin is lost without any fault of the debtor! If the thin lost throu h the fault of the debtor$ the obli ation is transformed into an obli ation to indemnify the obli e or creditor for dama es +! The thin is lost before the debtor has incurred in delay %xceptions to the above rule# )! when by law$ the obli or is liable for fortuitous events =Art )*3* par * (CC> *! when by stipulation$ the obli or is liable even for fortuitous events CArt ))B,$ )*3* par * (CC> +! When the nature of the obli ation requires the assumption of risk =Art! ))B,$ )*3* par * (CC> ,! when the loss of the thin is due partly to the fault of the debtor =Art *3* par ) (CC> 1! when the loss of the thin occurs after the debtor has incurred in delay =Art! )*3* par )$ Art ))+1 par + (CC> 3! when the debtor promised to deliver the same thin to two or more persons who do not have the same interest =Art!
))31 par + (CC>

B! when the obli ation is eneric =Art! )*3+ (CC> ;! When the debt of a certain and determinate thin Art. #&$ 'equisites to e:tinguish obligation by remission: )! it must be ratuitous *! it must be accepted by the obli or +! obli ation must be demandable

Art. #&5 'equisites to e:tinguish obligation by confusion: )! that the mer er of the characters of the creditor and debtor must be in the same person =Art! )*B1 (CC> *! that it must be place in the person of either the principal creditor or the principal debtor =Art! )*B3 (CC> +! that it must be complete and definite ='urisprudence> Art. #&8 'equisites to e:tinguish obligation by compensation: )! there must be * parties$ who in their own ri ht$ are principal creditors and principal debtors of each other =Art )*B;$ )*BC =)>
(CC>

*! both debt must consist in money$ or if the thin s due are fun ibles =consumables>$ they must be of the same kind and quality =Art! )*BC (o! * (CC> +! "oth debts must be due =Art! )*BC (o! + (CC> ,! "oth debts must be liquidated and demandable
no! , (CC>

=Art! )*BC

1! There must be no retention or controversy commenced by Art. #8& , Art #88 0ebts that are not susceptible of compensation# )! debts arisin from contracts of depositum *! debts arisin from contracts of commodatum +! claims for support due by ratuitous title ,! obli ations arisin from criminal offenses 1! certain obli ations in favour of the overnment$ such as taxes$ fees$ duties and others of a similar nature

Art. -** Dinds of estoppels: )! "stoppel in Pais Cby conduct= : one which arises when one by his acts$ representations or admissions$ or by his silence when he ou ht to speak out$ intentionally or throu h culpable ne li ence$ induces another to believer certain facts to exist and such other ri htfully relies and acts on such belief$ as a consequence of which he would be pre'udiced if the former is permitted to deny the existence of such facts! Art. *!$ 3oidable Contracts *! "stoppel by deed : technical estoppels by virtue of which a "ssential features and characteristics of defecti/e party to a deed and his privies are precluded from contracts: assertin as a ainst the other party and his privies 3oidable Contracts any )! their defect consists in the vitiation of consent or in the ri ht or title in dero ation of the deed$ or from le al incapacity of one of the contractin parties! denyin *! they are bindin until they are annulled by a competent any material facts asserted therein! Court +! "stoppel by record - technical estoppels by virtue of +! they are susceptible of convalidation either by which a ratification party and his privies are included own denyin the or prescription truth ,! they cannot be attacked or assailed by third person! of matters set forth in a record$ whether 'udicial or le islative 'equisites: ,! <aches : failure or ne lect$ for an unreasonable and a! 8efers to the sub'ect of the thin which is the ob'ect of unexplained len th of time$ to do that which$ by the exercisin due dili ence$ could or should have contract done b! 8efersbeen to the nature of the contract earlier! c! 8efers to the principal conditions in an a reement d! %rror as to - when it is the principal - person Type of equitable estoppels which arises when consideration of a party knowin his ri hts as a ainst another$ the contract takes no step or delays in enforcin them until e! %rror as to le al effect - when mistake is mutual and the condition of the latter$ who has no frustrates the real purpose of parties knowled e or notice that the former would assert such ri hts$ has become D!8! - action for annulment of a voidable contract must be so chan ed that aeh cannot$ without in'ury or pre'udice$ be commenced within period of four =,> years %xceptions# restored to his former state! If the action to contracts entered into by : type of estoppels 1! refers "stoppel by silence or inaction incapacitated persons : counted from the time the in pais uardianship ceases which arises when a party who has a ri ht and opportunity to speak or act as as a duty to do If it refers to those where consent is vitiated by well violence$ so or undue influence : counted from the time such intimidation under the circumstances$ intentionally or throu h violence$ intimidation or undue influence ceases or disappears! culpable ne li ence$ induces another such belief$

Art. *!#1 *!* 'atification or confirmation : act or means by virtue of which efficacy is iven to a contract which suffers from a vice of curable nullity 'equisite for 'atification or confirmation: )! The contract should be tainted with a vice which is susceptible of bein cured *! the confirmation should be effected by the person who is entitled to do so under the law +! it should be effected with knowled e of the reason which renders the contract voidable Art. -58 'equisites: CC;C= )! Consent of the contractin parties *! 6b'ect certain which is the sub'ect matter of the contract +! Cause of the obli ation which is established Characteristics of a contract of sale: CC;PCE)= )! consensual *! bilateral and reciprocal +! principal ,! onerous 1! commutative 3! nominate

Art. -$!

3oid and ine:istent Contracts

"ssential features and characteristics of defecti/e contracts: 3oid and ine:istent Contracts a! It produces no effect whatsoever either a ainst or in favor of anyone b! There is no action for annulment necessary as such is ipso 'ure! A 'udicial declaration to that effect is merely a declaration c! It cannot be confirmed$ ratified or cured d! If performed$ restoration is in order$ except if pari delicto will apply e! The ri ht to set up the defense of nullity cannot be waived 'equisites of .llegal Contracts: a! Contract is for an ille al purpose b! Contract must be repudiated by any of the parties before purpose is accomplished or dama e is caused to +rd parties 3oid Contract 8efer to those where all of the requisites of a contract are present$ but the cause$ ob'ect or purpose is contrary to law$ morals$ ood customs$ public order or public policy or the contract itself is prohibited or declared by law void Arinciple of par delicto is applicable .ne:istent Contract 8efer to those where one or some or all of those requisites which are essential for validity are absolutely lackin

Art. 5!$ Fhen may a /endee suspend the payment of the priceG )! should he be disturbed in the possession or ownership of the thin sold *! should he have reasonable rounds to fear such disturbance by a vindicatory action or by foreclosure of mort a e Does not e:ist on the follo4ing cases: )! .hould there be a stipulation to that effect *! should the vendor ive security for the return of the price Art. +! 0## should the vendor have caused the disturbance or 'equisites in order that the right of pre1 emption be granted to adjoining o4ners: )! he property must be a piece of urban land *! it must be so small that it cannot be used for any practical purpose within a reasonable time +! it must be so situated that it cannot be used for any practical purpose within a reasonable time ,! it must have been previously bou ht merely for Art. 0-* , 0-<ease of things 6b'ect of the contract is a thin The principal obli ation of the lessor is to deliver the thin leased to the lessee The remedies available in case of breach are actions for specific performance or for dama es <ease of 4or> or ser/ice 6b'ect of the contract is some work or service The principal obli ation of the lessor is to perform some work or service for the lessee The only remedy available is$ as a eneral rule$ an action for dama es

Contract of Sale Title passes to the vendee upon delivery of the thin sold (on-payment is a ne ative resolutory condition The vendor has lost and cannot recover ownership until and unless the contract is resolved or rescind

Contract to Sell "y a reement$ ownership is reserved in the vendor and is not to pass until full payment of the price 4ull payment is a positive suspensive condition Title remains in the vendor$ and when he seeks to e'ect the vendee because of noncompliance by such vendee with the suspensive condition stipulated$ he is enforcin the contract and not resolvin the same

(ot!

Art. -!8 - the execution of the public instrument is equivalent to delivery$ this le al fiction only holds true when there is no impediment that may prevent the passin of the property from the hands of the vendor into those of the vendee Art. 5** 'ight of resale a/ailable to the unpaid seller: )! where the oods are of perishable nature *! where the seller has expressly reserved the ri ht of resale in case the buyer should make default +! where the buyer has been in default n payment of the price for unreasonable time 5-9 Art. "efore the resale can be made the unpaid seller would have 1 applies toor lands covered Torrens where the prior a ri ht of lien should have by stopped thetitle oods in transit sale is neither recorded nor known to the execution prior to the levy! 9 purchaser it is (6T essential to the validity of a resale that notice of an - It is necessary that the conveyance must made intention to resell the oods be iven by the have seller been to the byinal a party who has an existin ri ht in the thin and the ori buyer! power to dispose of it! Art. 50 1 50& 'ules of preference in double sale: Accion redhibitoria % sn action instituted by the vendee )! the first re istrant in ood faith a ainst Art. *! 5-8 should there be no entry$ the first in possession in the vendor in to order avoidfor a sale on account of some vice or 8equisites implied warranty be enforced# ood defect in )! 0eprivation of the vendee of the whole or part of the faith the thin sold which renders it unfit for the use intended thin +! in the absence thereof$ the buyer who presents the or Aurchased oldest which will diminishmust its fitness such to such an *! The be byfor virtue ofuse a final 'ud ment titledeprivation in ood faith extent +! The deprivation must be based on a ri ht prior to the that$ had the vendee been aware thereof$ he would not -thesale Article requires that before the second buyer can obtain have or an act imputable to the vendor priority over the first$ he must show that he acted in ood acquired it! must be summoned in the suit for eviction ,! The vendor

Art. -** <aches Concerned with the defect of delay Arincipally a question of inequity of permittin a claim to be enforce$ this equity bein founded on some chan e in the condition of the property or the relation of the parties (ot statutory Applies in equity (ot based on a fixed time Prescription Concerned with the fact of delay Is a question or matter of time

Art. 0&$ Art. 0&0 , 0&& 'equisites of tacit rene4al ofof a contract lease .nstances 4here the purchaser the thingof leased Ctacita reconduccion=: cannot terminate the lease: )! that the lease contract of lease should have ended )! where is recorded in the 8e istry of Aroperty *! that the lessee should have continued en'oyin the *! Where there is a stipulation in the contract of sale that thin the leased for )1 respect days the lease purchaser shall +! That the such continued en'oyment be with the +! Where purchaser knows of the should existence of the lease acquiescence of the lessor ,! that a notice contrary by either party should ,! Where the sale to is the fictitious not have been previously iven 1! that there should have been no express contract entered into by the lessor and lessee after the old contract

statutory Applies at law "ased on a fixed time

Art. &0& "ssential requisites of a contract of partnership: )! there must be a valid contract *! there must be a contribution of money$ property$ or industry to a common fund +! the partnership must be or ani2ed for ain or profit ,! the partnership should have a lawful ob'ect or purpose$ and must be established for the common benefit or interest of the partners! Partnership Created by voluntary a reement of the partners Pri/ate Corp. Always created by some express le islative authority either in the form of a special law or eneral law .tockholders of a corporation after they have paid for their shares$ are not sub'ect to any further liability$ unless otherwise provided by law! Third person to whom a stockholder has transferred his shares becomes automatically a stockholder even without the consent of the other stockholders the death or bankruptcy of a stockholder does not result in such dissolution Whatever acts the stockholders mi ht execute for the account of the corporation$ either individually or collectively$ are not bindin on the corporation

Gsually liable to partnership creditors not only to the extent of their capital contribution to the firm but even with their own private property The third person to whom a partner has transferred his interest in the partnership does not become a partner without the consent of all the other partners The death or bankruptcy of a partner usually causes the dissolution of the firm D!8! : the partners are the a ents of the partnership/ hence$ acts of the partners done for the account of the partnership are bindin not only on the partnership but also on the members

Art. 8 * "ffects of a con/eyance made by a partner of his 4hole interest in the partnership to a third person: )! it does not dissolve the partnership *! it does not entitle the assi nee to interfere in the mana ement of the business$ or to require an accountin of partnership transaction$ or to inspect the partnership books/ however$ in case of fraud in the mana ement of the partnership$ he may avail himself of the usual remedies +! it entitles the assi nee to receive in accordance with his contract the profits to which the assi nor would otherwise be entitled ,! upon dissolution of the partnership$ the assi nee is entitled Art. 8 0 to receive his assi nor@s interest and may then demand D!8! : Industrial Aartner is always excluded from any for an participation in the losses In the absence of an a reement to accountin the contrary %xception : as far as third persons are concerned$ the rule is different! An industrial partner can be held personally liable! "ffect of con/eyance made by a partner of his 4hole interest in the partnership to a third person: Art. 8 0 1 in the case of a partnership obli ation arisin from contracts$ all eneral partners$ includin industrial ones$ shall be liable pro rata with all their property ad after all the partnership assets have been exhausted/ in other words$ the liability of the partners is 'oint and subsidiary Art. 8#1 In the case of a partnership obli ation arisin from a criminal offense or a quasi- delict$ all partners are liable solidarity with the partnership

Art. 808 Contract of Agency Arinciple of representation is applied/ in other words in the basis of the contract is representation The contract may be extin uished at will by the principal The a ent exercises discretionary powers in order to attain the end for which he was appointed Areparatory contract

Contract of lease of Arinciple of representation is not/ the basis is employment

The concurrence of both parties is necessary The employee exercises ministerial functions only

Arincipal contract

Art. 808 Contract of Agency 1 a person binds himself to render some service or to do somethin in representation or on behalf of another$ with the consent or authority of the latter! "lements: )! there is consent $ express or implied$ of the parties to establish the relationship of a ency *! the ob'ect is the execution of a 'uridical act in relation to a third person +! the a ent acts as a representative and not for himself ,! the a ent acts within the scope of his authority As a nominate contract$ it is a consensual$ preparatory and informal! It@s peculiar characteristics are# it is personal/ it is

Art. &0& 7ests or indicia to determine the e:istence of a partnership: )! to determine whether or not there is an a reement to contribute money$ property$ or industry to a common fund *! to determine whether or not there is an intent of the contractin parties to divide the profits amon themselves Ani/ersal Partnership % may refer to all the present property or to all the profits that the partners may acquire by their industry or work durin the existence of the partnership Particular Partnership % that which has for its ob'ect determinate thin s$ their use of fruits$ or a specific undertakin $ or the exercise of a profession or vocation General Partnership % one where one of the partners are eneral partners$ those who can be held liable for partnership obli ations even to the extent of their private property <imited Partnership % one where there is at least one eneral and one limited partner : those who cannot be held liable for partnership obli ations Dinds of Partners: General Partner 1 those who can be held liable for partnership obli ations even to the extent of their private property <imited partner % those who cannot be held liable for partnership obli ations Capitalist partner % those who contribute money or property to the common fund .ndustrial Partners % those who contribute only their skill or industry to the common fund (anaging Partners % those who mana e or administer partnership affairs

Art. 8*0 Find Ap or <iquidate partnership 9If 7udicial - the ri ht or duty to wind up or liquidate partnership affairs devolves upon the partner or le al representative or assi nee desi nated by the court 9If extra'udicial - the ri ht or duty devolves upon the mana in partner 9If no mana in partner - or even where there is$ he dies$ then the ri ht or duty devolves upon the partners who have not wron fully dissolved the partnership or the le al representative of the last survivin Art. 8-* General Partnership /s. <imited Partnership General Partnership <imited Partnership Composed only of eneral partners Composed of at least one eneral partner and one limited partner

Art. !** Commodatum % a contract by virtue of which one of the contractin parties delivers to the other a nonconsumable =non- fun ible> thin so that the latter may use the same Art. !*$1 for !*a certain time and return it! G.'. : Contract of A ency is extin uished by the death of the Simple principal loan or mutuum or a ent % a contract by virtue of which one of the contractin parties delivers to the other money or any other consumable =fun ible> thin sub'ect to the condition that ":ceptions: the of the same kind and quality be paid or latter )! if same it has amount been constituted in the common interest of the and #$*5 Art. the a ent$ or in on the the interest of a third person who has of )o compromise follo4ing: accepted the stipulation his favour )! criminal liability of thein accused in a criminal action *! anythin done by the a ent$ without the knowled e of the *! the civil status of persons death +! the validity of a marria e or a le al separation of principal other cause which extin uishes the ,!the any round or forany le al separation a ency$ 1! future support 3! the 'urisdiction of courts B! future le itime =Art! *?+,-*?+1>

5ay be constituted in any form

5ust be contained in a certificate of limited partnership$ duly si ned and sworn to by all of the Art. 8*! , 80* partners$ and recorded in the 6ffice of the .ecurities and ;rder of payment in the 4inding up e of partnership %xchan Commission 5ust operate under a firm 5ust also operate under a liabilities name$ which may or may not firm name$ followed by the 9 If the partnership is a eneral partnership# include the name one of one word LLimited@ )! those owin to creditors other than partners or more of the partners *! those owin to partners other than for capital and profits +! those owin to partners in respect of capital ,! those owin to partners in respect of profits 9If the partnership is a limited partnership# )! those creditors$ in order of priority as provided by law$ except those limited partners on account of their contributions$ and to eneral partners *! those to limited partners in respect t their share of the profits and other compensation by way of income on their contributions +! those to limited partners on respect to the capital of their Contributions ,! those to eneral partners other than for capital and profits 1! those to eneral partners in respect to profits 3! those to eneral partners in respect to capital

#$-& Art. #$8$ Art. #$&01 Duaranty extin uished# Guaranty a contract by virtue of which a person or is the )! if the%creditor voluntarily accepts immovable other uarantor$ property in payment of the debt$ even if he should binds himself to the creditor to fulfil the obli ation of afterwards lose the same throu h eviction$ the the uarantor is principal=Art! debtor in case the latter should fail to do so! released *?BB> *! A release made by the creditor in favour of one of the Suretyship 1 a contract virtue of which personbenefits binds uarantor$ without by the consent of theaothers$ himself all to the extent of the share of the uarantor to whom it has been ranted =Art! *?B;> +! An extension ranted to the debtor by the creditor without the consent of the uarantor extin uishes the uaranty! The mere failure on the part of the creditor to demand payment after the debt has become due does not of itself constitute

AA

Art. # *# Contract of Antichresis Consensual contract The sub'ect matter is a real property The requirement that the contract must be in writin is essential for validity The foreclosure in case of non-payment of the debt is as a rule 'udicial$ althou h the parties may a ree to make it extra'udicial

Contract of Pledge 8eal contract .ub'ect matter is personal property The requirement that the contract must be in a public instrument is merely for the purpose of bindin third persons The sale in case of nonpayment of the debt is always extra'udicial

Art. # -)egotiorum gestio 1 refers to the 'uridical relation which arises when a person voluntarily takes char e of the a ency or mana ement of the business or property of another$ without any power from the latter M 'equisites: )! the estor must voluntarily assumes the a ency or mana ement of the business or property of another *! the business or property must be either ne lected or abandoned +! the a ency or mana ement must not be authori2ed by the owner either expressly or impliedly Art. ## & (;'A< DA(AG"S # 5 8equites# Solutio indebiti % refers to the 'uridical relation which arises )! there is an in'ury whether physicala $ thin mental or h whenever a person unduly delivers throu psycholo mistake to ical clearly sustained by the claimant another who has no ri ht to demand *! there is a culpable act or omission factually established +! the wron ful act or omission of the defendant is the 'equisites: proximate )! there must be a payment or delivery made by one cause person toof the in'ury sustained by the claimant ,! another award of dama es is predicated on any of the cases stated in *! the person who made the payment or delivery was under no Art! **)C (CC - the amount of moral dama es is left to the sound discretion of the courts - may be recovered in culpa contractual where the defendant acts in bad faith or with malice in the breach of contract