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The provision was included in the law "to avoid the absurd situation
where the Filipino spouse remains married to the alien spouse
who, after obtaining a divorce, is no longer married to the Filipino
spouse (Republic v. Orbecido). To maintain x x x that, under our laws,
[the Filipino spouse] has to be considered still married to [the alien
spouse] and still subject to a wife's obligations x x x cannot be just. [The
Filipino spouse] should not be obliged to live together with, observe
respect and fidelity, and render support to [the alien spouse]. The latter
should not continue to be one of her heirs with possible rights to
conjugal property. She should not be discriminated against in her own
country if the ends of justice are to be served. The legislative intent is for
the benefit of the Filipino spouse, by clarifying his or her marital status,
settling the doubts created by the divorce decree. Essentially, the
second paragraph of Article 26 of the Family Code provided the Filipino
spouse a substantive right to have his or her marriage to the alien
spouse considered as dissolved, capacitating him or her to remarry (Van
Dorn v. Romillo, Jr. and Pilapil v. Ibay-Somera).
2. ***
Art. 16. Real property as well as personal property is subject to the law of the
country where it is stipulated.
However, intestate and testamentary successions, both with respect to the order
of succession and to the amount of successional rights and to the intrinsic
validity of testamentary provisions, shall be regulated by the national law of the
person whose succession is under consideration, whatever may be the nature of
the property and regardless of the country wherein said property may be found.
(10a)
a. Quita vs. CA and Dandan [G.R. No. 124862. December 22, 1998. |
BELLOSILLO, J.]
Private respondent stressed that the citizenship of petitioner was
relevant in the light of the ruling in Van Dorn v. Romillo Jr. that aliens
may obtain divorces abroad, which may be recognized in the Philippines,
provided they are valid according to their national law. The trial
court found that both were "Filipino citizens and were married in the
Philippines." It maintained that their divorce obtained in 1954 in
California, U.S.A., was not valid in Philippine jurisdiction. [SC] deduced
that the finding on their citizenship pertained solely to the time of their
marriage as the trial court was not supplied with a basis to determine
petitioners citizenship at the time of their divorce x x x Once proved
that she was no longer a Filipino citizen at the time of their divorce, Van
Dorn would become applicable and petitioner could very well lose her
right to inherit from Arturo.
b. Llorente v. CA and Llorente [G.R. No. 124371. November 23, 2000. |
PARDO, J.]
First, there is no such thing as one American law. The "national law"
indicated in Article 16 of the Civil Code cannot possibly apply to general
American law. There is no such law governing the validity of
testamentary provisions in the United States. Each State of the union
has its own law applicable to its citizens and in force only within the
State. It can therefore refer to no other than the law of the State of
which the decedent was a resident. Second, there is no showing that the
application of the renvoi doctrine is called for or required by New York
State law. The hasty application of Philippine law and the complete
disregard of the will, already probated as duly executed in accordance
with the formalities of Philippine law is fatal.
3. ***
Art. 17. The forms and solemnities of contracts, wills, and other public
instruments shall be governed by the laws of the country in which they are
executed.
When the acts referred to are executed before the diplomatic or consular officials
of the Republic of the Philippines in a foreign country, the solemnities
established by Philippine laws shall be observed in their execution.
Prohibitive laws concerning persons, their acts or property, and those which
have, for their object, public order, public policy and good customs shall not be
rendered ineffective by laws or judgments promulgated, or by determinations or
conventions agreed upon in a foreign country. (11a)
a. United Airlines, Inc. v. CA [G.R. No. 124110. April 20, 2001. |
KAPUNAN, J.]
According to the doctrine of lex loci contractus, as a general rule, the
law of the place where a contract is made or entered into governs with
respect to its nature and validity, obligation and interpretation. This has
been said to be the rule even though the place where the contract was
made is different from the place where it is to be performed, and
particularly so, if the place of the making and the place of performance
are the same. Hence, the court should apply the law of the place
where the airline ticket was issued, when the passengers are
residents and nationals of the forum and the ticket is issued in
such State by the defendant airline.
4.
Art. 19. Every person must, in the exercise of his rights and in the performance
of his duties, act with justice, give everyone his due, and observe honesty and
good faith.
Art. 20. Every person who, contrary to law, wilfully or negligently causes damage
to another, shall indemnify the latter for the same.
Art. 21. Any person who wilfully causes loss or injury to another in a manner that
is contrary to morals, good customs or public policy shall compensate the latter
for the damage.
a. Spouses Hing v. Choachuy, Sr (G.R. No. 179736, June 26, 2013 | DEL
CASTILLO, J.)
Art. 41. For civil purposes, the fetus is considered born if it is alive at the time it
is completely delivered from the mother's womb. However, if the fetus had an
intra-uterine life of less than seven months, it is not deemed born if it dies within
twenty-four hours after its complete delivery from the maternal womb. (30a)
Death has been defined as the cessation of life. Life is not synonymous
with civil personality. One need not acquire civil personality first
before he/she could die. Even a child inside the womb already has life.
No less than the Constitution recognizes the life of the unborn from
conception, that the State must protect equally with the life of the
mother. If the unborn already has life, then the cessation thereof
even prior to the child being delivered, qualifies as death x x x the
unborn child can be considered a dependent under the CBA. As
Continental Steel itself defines a dependent as "one who relies on
another for support; one not able to exist or sustain oneself without the
power or aid of someone else." The CBA did not provide a qualification
for the child dependent, such that the child must have been born or must
have acquired civil personality, as Continental Steel avers. Without such
qualification, then child shall be understood in its more general sense,
which includes the unborn fetus in the mother's womb.
FAMILY CODE
6. ***
Art. 2. No marriage shall be valid, unless these essential requisites are present:
(1) Legal capacity of the contracting parties who must be a male and a female;
and
(2) Consent freely given in the presence of the solemnizing officer. (53a)
Art. 3. The formal requisites of marriage are:
(1) Authority of the solemnizing officer;
(2) A valid marriage license except in the cases provided for in Chapter 2 of this
Title; and
(3) A marriage ceremony which takes place with the appearance of the
contracting parties before the solemnizing officer and their personal declaration
that they take each other as husband and wife in the presence of not less than
two witnesses of legal age. (53a, 55a)
Art. 4. The absence of any of the essential or formal requisites shall render the
marriage void ab initio, except as stated in Article 35 (2).
Art. 5. Any male or female of the age of eighteen years or upwards not under
any of the impediments mentioned in Articles 37 and 38, may contract marriage.
(54a)
Art. 7. Marriage may be solemnized by:
(1) Any incumbent member of the judiciary within the court's jurisdiction;
(2) Any priest, rabbi, imam, or minister of any church or religious sect duly
authorized by his church or religious sect and registered with the civil registrar
general, acting within the limits of the written authority granted by his church or
religious sect and provided that at least one of the contracting parties belongs to
the solemnizing officer's church or religious sect;
(3) Any ship captain or airplane chief only in the case mentioned in Article 31;
(4) Any military commander of a unit to which a chaplain is assigned, in the
A defect in any of the essential requisites shall not affect the validity of the
marriage but the party or parties responsible for the irregularity shall be civilly,
criminally and administratively liable. (n)
absence of the latter, during a military operation, likewise only in the cases
mentioned in Article 32;
(5) Any consul-general, consul or vice-consul in the case provided in Article 10.
(56a)
Art. 68. The husband and wife are obliged to live together, observe mutual love,
respect and fidelity, and render mutual help and support. (109a)
Art. 26. (supra)
Art. 39. The action or defense for the declaration of absolute nullity of a
marriage shall not prescribe.
Art. 40. The absolute nullity of a previous marriage may be invoked for purposes
of remarriage on the basis solely of a final judgment declaring such previous
marriage void. (n)
a. Nial v. Bayadog [G.R. No. 133778. March 14, 2000. | YNARESSANTIAGO, J.]
The Republic admitted that Jose and Felisa started living together barely
five months before the celebration of their marriage. The falsity of
the affidavit executed by Jose and Felisa to exempt them from the
requirement of a marriage license, is beyond question x x x it cannot be
denied that the marriage between Jose and Felisa was celebrated
without the formal requisite of a marriage license. To permit a false
affidavit to take the place of a marriage license is to allow an abject
circumvention of the law. If this Court is to protect the fabric of the
institution of marriage, we must be wary of deceptive schemes that
violate the legal measures set forth in our laws.
A common limited purpose marriage is one entered into solely for the
legitimization of a child. Another is for immigration purposes.
The CAs assailed decision was grounded on the parties supposed lack of
consent. Under Article 2 of the Family Code, consent is an essential
requisite of marriage. Article 4 of the same Code provides that the
absence of any essential requisite shall render a marriage void ab initio.
A MARRIAGE IN JEST is a pretended marriage, legal in form but entered
into as a joke, with no real intention of entering into the actual marriage
status, and with a clear understanding that the parties would not be
bound. Marriages in jest are void ab initio for a complete absence of
consent.
Albios and Fringer had an undeniable intention to be bound in order to
create the very bond necessary to allow the respondent to acquire
American citizenship. Only a genuine consent to be married would allow
them to further their objective, considering that only a valid marriage
can properly support an application for citizenship. There was, thus, an
apparent intention to enter into the actual marriage status and to
create a legal tie, albeit for a limited purpose. Genuine consent
was, therefore, clearly present.
The possibility that the parties in a marriage might have no real
intention to establish a life together is, however, insufficient to nullify a
marriage freely entered into in accordance with law. There is no law
that declares a marriage void if it is entered into for purposes
other than what the Constitution or law declares, such as the
acquisition of foreign citizenship. Therefore, so long as all the
essential and formal requisites precribed by law are present, and it is not
void or voidable under the grounds provided by law, it shall be declared
valid.
Hence, though the respondents marriage may be considered a
sham or fraudulent for the purposes of immigration, it is not void
ab initio and continues to be valid and subsisting.
d. Corpuz vs. Sto. Tomas [supra]
e. Go-Bangayan v. Bangayan, Jr (G.R. No. 201061, July 03, 2013 |
CARPIO, J.)
ISSUE: May a marriage be declared null and void ab initio and nonexistent at the same time? YES.
beginning. Thus, herein marriage is null and void ab initio and nonexistent.
f. Garcia v. Recio (G.R. No. 138322. October 2, 2001 | PANGANIBAN, J.)
Respondent presented a decree nisi or an interlocutory decree -- a
conditional or provisional judgment of divorce. It is in effect the same as
a separation from bed and board, although an absolute divorce may
follow after the lapse of the prescribed period during which no
reconciliation is effected. Even after the divorce becomes absolute, the
court may under some foreign statutes and practices, still restrict
remarriage. Under some other jurisdictions, remarriage may be limited
by statute; thus, the guilty party in a divorce which was granted on the
ground of adultery may be prohibited from marrying again. The court
may allow a remarriage only after proof of good behavior.
On its face, the herein Australian divorce decree contains a restriction
that reads: A party to a marriage who marries again before this decree
becomes absolute (unless the other party has died) commits the offence
of bigamy. x x x the divorce obtained by respondent may have been
restricted x x x Hence x x x no basis for the ruling of the trial court,
which erroneously assumed that the Australian divorce ipso facto
restored respondents capacity to remarry despite the paucity of evidence
on this matter.
g. Fujiki v. Marinay (G.R. No. 196049, June 26, 2013 | CARPIO, J.)
8. *
Art. 56. The petition for legal separation shall be denied on any of the
following grounds:
(1) Where the aggrieved party has condoned the offense or act complained of;
(2) Where the aggrieved party has consented to the commission of the offense
or act complained of;
(3) Where there is connivance between the parties in the commission of the
offense or act constituting the ground for legal separation;
(4) Where both parties have given ground for legal separation;
(5) Where there is collusion between the parties to obtain decree of legal
separation; or
(6) Where the action is barred by prescription.
x x x the present spouse must prove that his/her belief was the result of
diligent and reasonable efforts and inquiries to locate the absent spouse
and that based on these efforts and inquiries, he/she believes that under
the circumstances, the absent spouse is already dead. It requires
exertion of active effort (not a mere passive one) x x x criteria for
determining the existence of a wellfounded belief under Article 41 x
x x respondent merely engaged in a passive search where she relied
on uncorroborated inquiries from her inlaws, neighbors and friends.
She failed to conduct a diligent search because her alleged efforts are
insufficient to form a wellfounded belief that her husband was already
dead x x x whether or not the spouse present acted on a wellfounded
belief of death of the absent spouse depends upon the inquiries to be
drawn from a great many circumstances occurring before and after the
disappearance of the absent spouse and the nature and extent of the
inquiries made by the present spouse.
Art. 63. The decree of legal separation shall have the following effects:
(1) The spouses shall be entitled to live separately from each other, but the
marriage bonds shall not be severed;
(2) The absolute community or the conjugal partnership shall be dissolved and
liquidated but the offending spouse shall have no right to any share of the net
profits earned by the absolute community or the conjugal partnership, which
shall be forfeited in accordance with the provisions of Article 43(2);
(3) The custody of the minor children shall be awarded to the innocent spouse,
subject to the provisions of Article 213 of this Code; and
(4) The offending spouse shall be disqualified from inheriting from the
innocent spouse by intestate succession. Moreover, provisions in favor of the
offending spouse made in the will of the innocent spouse shall be revoked by
operation of law.
Art. 213. In case of separation of the parents, parental authority shall be
exercised by the parent designated by the Court. The Court shall take into
account all relevant considerations, especially the choice of the child over
seven years of age, unless the parent chosen is unfit.
9. **
Art. 76. In order that any modification in the marriage settlements may be valid,
it must be made before the celebration of the marriage, subject to the provisions
of Articles 66, 67, 128, 135 and 136.
Art. 134. In the absence of an express declaration in the marriage settlements,
the separation of property between spouses during the marriage shall not take
place except by judicial order. Such judicial separation of property may either be
voluntary or for sufficient cause. (190a)
In the cases provided for in Numbers (1), (2) and (3), the presentation of the final
judgment against the guilty or absent spouse shall be enough basis for the grant
of the decree of judicial separation of property. (191a)
Art. 136. The spouses may jointly file a verified petition with the court for the
voluntary dissolution of the absolute community or the conjugal partnership of
gains, and for the separation of their common properties.
All creditors of the absolute community or of the conjugal partnership of gains,
as well as the personal creditors of the spouse, shall be listed in the petition and
notified of the filing thereof. The court shall take measures to protect the
creditors and other persons with pecuniary interest. (191a)
a. Partosa- Jo v. CA [G.R. No. 82606. December 18, 1992. | CRUZ, J.]
Art. 135. Any of the following shall be considered sufficient cause for judicial
separation of property:
(1) That the spouse of the petitioner has been sentenced to a penalty which
carries with it civil interdiction;
(2) That the spouse of the petitioner has been judicially declared an absentee;
(3) That loss of parental authority of the spouse of petitioner has been decreed
by the court;
(4) That the spouse of the petitioner has abandoned the latter or failed to comply
with his or her obligations to the family as provided for in Article 101;
(5) That the spouse granted the power of administration in the marriage
settlements has abused that power; and
(6) That at the time of the petition, the spouses have been separated in fact for at
least one year and reconciliation is highly improbable.
Article 128 of the Family Code provides that the aggrieved spouse may
petition for judicial separation on either of these grounds: 1.
Abandonment by a spouse of the other without just cause; and 2.
Failure of one spouse to comply with his or her obligations to the family
without just cause, even if said spouse does not leave the other spouse.
Abandonment implies a departure by one spouse with the avowed intent
never to return, followed by prolonged absence without just cause, and
without in the meantime providing in the least for ones family although
able to do so. There must be absolute cessation of marital relations,
duties and rights, with the intention of perpetual separation. The
physical separation of the parties, coupled with the refusal by the private
respondent to give support to the petitioner, sufficed to constitute
abandonment as a ground for the judicial separation of their conjugal
property. Their separation thus falls also squarely under Article 135 of
the Family Code
The order of judicial separation of the properties in question is
based on the finding of both the trial and respondent courts that the
private respondent is indeed their real owner. It is these properties that
should now be divided between him and the petitioner, on the
assumption that they were acquired during coverture and so belong to
the spouses half and half. As the private respondent is a Chinese citizen,
the division must include such properties properly belonging to the
conjugal partnership as may have been registered in the name of other
persons in violation of the Anti-Dummy Law.
10. **
Art. 87. Every donation or grant of gratuitous advantage, direct or indirect,
between the spouses during the marriage shall be void, except moderate gifts
which the spouses may give each other on the occasion of any family rejoicing.
The prohibition shall also apply to persons living together as husband and wife
without a valid marriage. (133a)
a. Agapay v. Palang [G.R. No. 116668. July 28, 1997 | ROMERO, J.]
Article 87 of the Family Code expressly provides that the prohibition
against donations between spouses now applies to donations between
persons living together as husband and wife without a valid marriage,
for otherwise, the condition of those who incurred guilt would turn out to
be better than those in legal union.
(7) Ante-nuptial debts of either spouse insofar as they have redounded to the
benefit of the family;
(8) The value of what is donated or promised by both spouses in favor of their
common legitimate children for the exclusive purpose of commencing or
completing a professional or vocational course or other activity for selfimprovement; and
(9) Expenses of litigation between the spouses unless the suit is found to
groundless.
If the conjugal partnership is insufficient to cover the foregoing liabilities, the
spouses shall be solidarily liable for the unpaid balance with their separate
properties. (161a)
a. Ayala Investment & Development Corp vs. CA (G.R. No. 118305
February 12, 1998 | MARTINEZ, J.)
ISSUE: Is a surety agreement or an accommodation contract entered
into by the husband in favor of his employer redounds to the benefit of
the conjugal partnership? NO.
(A) where the husband contracts obligations on behalf of the family
business, the law presumes, and rightly so, that such obligation will
redound to the benefit of the conjugal partnership.
(B) On the other hand, if the money or services are given to another
person or entity, and the husband acted only as a surety or guarantor,
that contract cannot, by itself, alone be categorized as falling within the
context of "obligations for the benefit of the conjugal partnership." The
contract of loan or services is clearly for the benefit of the principal
debtor and not for the surety or his family. No presumption can be
inferred that, when a husband enters into a contract of surety or
accommodation agreement, it is "for the benefit of the conjugal
partnership." Proof must be presented to establish benefit redounding to
the conjugal partnership.
12.
Art. 96. The administration and enjoyment of the community property shall
belong to both spouses jointly. In case of disagreement, the husband's decision
shall prevail, subject to recourse to the court by the wife for proper remedy,
which must be availed of within five years from the date of the contract
implementing such decision.
In the event that one spouse is incapacitated or otherwise unable to participate
in the administration of the common properties, the other spouse may assume
sole powers of administration. These powers do not include disposition or
encumbrance without authority of the court or the written consent of the other
The fact that on several occasions the lending institutions did not require
the signature of the wife and the husband signed alone does not mean
that being a surety became part of his profession. Neither could he be
presumed to have acted for the conjugal partnership. Article 121,
paragraph 3, of the Family Code is emphatic that the payment of
personal debts contracted by the husband or the wife before or during
the marriage shall not be charged to the conjugal partnership except to
the extent that they redounded to the benefit of the family. Signing as a
surety is certainly not an exercise of an industry or profession nor an act
of administration for the benefit of the family.
In this case, the Promissory Note and the Deed of Real Estate Mortgage
were executed October 1995. The Special Power of Attorney was
executed November 1995. The execution of the SPA is the
acceptance by the other spouse that perfected the continuing
offer as a binding contract between the parties, making the Deed
of Real Estate Mortgage a valid contract.
except as hereinafter provided and to the extent of the value allowed by law.
(223a)
Art. 154. The beneficiaries of a family home are:
(1) The husband and wife, or an unmarried person who is the head of a family;
and
(2) Their parents, ascendants, descendants, brothers and sisters, whether the
relationship be legitimate or illegitimate, who are living in the family home and
who depend upon the head of the family for legal support. (226a)
Art. 155. The family home shall be exempt from execution, forced sale or
attachment except:
(1) For nonpayment of taxes;
(2) For debts incurred prior to the constitution of the family home;
(3) For debts secured by mortgages on the premises before or after such
constitution; and
(4) For debts due to laborers, mechanics, architects, builders, materialmen and
others who have rendered service or furnished material for the construction of
the building.
Art. 159. The family home shall continue despite the death of one or both
spouses or of the unmarried head of the family for a period of ten years or for as
long as there is a minor beneficiary, and the heirs cannot partition the same
unless the court finds compelling reasons therefor. This rule shall apply
regardless of whoever owns the property or constituted the family home. (238a)
Art. 162. The provisions in this Chapter shall also govern existing family
residences insofar as said provisions are applicable. (n)
a. Spouses De Mesa vs. Spouses Acero [G.R. No. 185064 : January 16,
2012 | REYES, J.]
The foregoing rules on constitution of family homes, for purposes of
exemption from execution, could be summarized as follows:
First, family residences constructed BEFORE the effectivity of the
Family Code or before August 3, 1988 must be constituted as a family
home either judicially or extrajudicially in accordance with the
provisions of the Civil Code in order to be exempt from execution;
within a reasonable time gives rise to the presumption that they have
abandoned, waived or declined to assert it. Since the exemption under
Article 153 of the Family Code is a personal right, it is incumbent upon
the petitioners to invoke and prove the same within the prescribed
period and it is not the sheriffs duty to presume or raise the status of
the subject property as a family home.
b. Manacop v. CA [G.R. No. 104875. November 13, 1992. | MELO, J.]
ISSUE: Is the family home of petitioner exempt from execution of the
money judgment aforecited? NO.
The exemption provided in Article 155 is effective from the time of the
constitution of the family home as such, and lasts so long as any of its
beneficiaries actually resides therein. In the present case, the residential
house and lot of petitioner was not constituted as a family home whether
judicially or extrajudicially under the Civil Code. It became a family
home by operation of law only under Article 153 of the Family Code. It is
deemed constituted as a family home upon the effectivity of the Family
Code. It does not mean that Articles 152 and 153 of said Code have a
retroactive effect such that all existing family residences are deemed to
have been constituted as family homes at the time of their occupation
prior to the effectivity of the Family Code and are exempt from execution
for the payment of obligations incurred before the effectivity of the
Family Code. Article 162 simply means that all existing family
residences at the time of the effectivity of the Family Code, are
considered family homes and are prospectively entitled to the benefits
accorded to a family home under the Family Code. Article 162 does not
state that the provisions x x x have a retroactive effect.
The debt or liability which was the basis of the judgment arose or was
incurred at the time of the vehicular accident (1976) and the money
judgment arising therefrom was rendered (January 1988). Both
preceded the effectivity of the Family Code on August 3, 1988. This case
does not fall under the exemptions from execution provided in the
Family Code.
Articles 152 and 153 specifically extend the scope of the family
home not just to the dwelling structure in which the family
resides but also to the lot on which it stands. Thus, applying these
concepts, the subject house as well as the specific portion of the subject
land on which it stands are deemed constituted as a family home by the
deceased and petitioner Vilma from the moment they began occupying
the same as a family residence 20 years back.
Article 159 imposes the proscription against the immediate partition of
the family home regardless of its ownership. This signifies that even if
the family home has passed by succession to the co-ownership of the
heirs, or has been willed to any one of them, this fact alone cannot
transform the family home into an ordinary property, much less dispel
the protection cast upon it by the law. The rights of the individual coowner or owner of the family home cannot subjugate the rights granted
under Article 159 to the beneficiaries of the family home. Set against
c. Arriola v. Arriola [G.R. NO. 177703 - January 28, 2008 | AUSTRIAMARTINEZ, J.]
The law, reason and common sense dictate that a legitimate status is
more favorable to the child. In the eyes of the law, the legitimate child
enjoys a preferred and superior status. He is entitled to bear the
surnames of both his father and mother, full support and full inheritance.
On the other hand, an illegitimate child is bound to use the surname and
be under the parental authority only of his mother. He can claim support
only from a more limited group and his legitime is only half of that of his
legitimate counterpart. Moreover (without unwittingly exacerbating the
discrimination against him), in the eyes of society, a 'bastard' is usually
regarded as bearing a stigma or mark of dishonor. Needless to state, the
legitimacy presumptively vested by law upon Jose Gerardo favors his
interest.
15. **
Art. 172. The filiation of legitimate children is established by any of the
following:
(1) The record of birth appearing in the civil register or a final judgment; or
(2) An admission of legitimate filiation in a public document or a private
handwritten instrument and signed by the parent concerned.
In the absence of the foregoing evidence, the legitimate filiation shall be
proved by:
(1) The open and continuous possession of the status of a legitimate child; or
(2) Any other means allowed by the Rules of Court and special laws.
Art. 175. Illegitimate children may establish their illegitimate filiation in the
same way and on the same evidence as legitimate children.
The action must be brought within the same period specified in Article 173,
except when the action is based on the second paragraph of Article 172, in which
case the action may be brought during the lifetime of the alleged parent.
a. Roces v. The Local Civil Registrar Of Manila [G.R. No. L-10598.
February 14, 1958. CONCEPCION, J.]
Local Civil Registrar had no authority to make of record the paternity of
an illegitimate child upon the information of a third person and the
certificate of birth of an illegitimate child, when signed only by the
mother of the latter, is incompetent evidence of fathership of said child.
b. Heirs of Ignacio Conti vs. CA (G.R. No. 118464 December 21, 1998 |
BELLOSILLO, J.)
Art. 176 was later amended (2004) by RA 9255 which now reads x x x
However, illegitimate children MAY use the surname of their father if
their filiation has been expressly recognized by their father through the
record of birth appearing in the civil register, or when an admission in a
public document or private handwritten instrument is made by the
father. Provided, the father has the right to institute an action before the
regular courts to prove nonfiliation during his lifetime x x x
x x x the general rule is that an illegitimate child shall use the surname
of his or her mother. The exception provided by RA 9255 is, in case his
or her filiation is expressly recognized by the father through the record
of birth appearing in the civil register or when an admission in a public
document or private handwritten instrument is made by the father. In
such a situation, the illegitimate child MAY use the surname of the
father. Art. 176 gives illegitimate children the right to decide if they
want to use the surname of their father or not. It is not the father
ISSUE: Does a father, upon his recognition of their filiation, have the
right to compel his illegitimate children the use his surname? NO.
19. **
REPUBLIC ACT NO. 9048 (2001) as amended by REPUBLIC ACT
NO. 10172 (2012)
SECTION 1. Authority to Correct Clerical or Typographical Error
and Change of First Name or Nickname. No entry in a civil register
shall be changed or corrected without a judicial order, except for clerical
or typographical errors and change of first name or nickname, the day
and month in the date of birth or sex of a person where it is patently
clear that there was a clerical or typographical error or mistake in the
entry, which can be corrected or changed by the concerned city or
municipal civil registrar or consul general in accordance with the
provisions of this Act and its implementing rules and regulations.
SEC. 2. Definition of Terms. As used in this Act, the following terms
shall mean:
Clerical or typographical error refers to a mistake committed in the
performance of clerical work in writing, copying, transcribing or typing
an entry in the civil register that is harmless and innocuous, such as
misspelled name or misspelled place of birth, mistake in the entry of day
and month in the date of birth or the sex of the person or the like, which
is visible to the eyes or obvious to the understanding, and can be
corrected or changed only by reference to other existing record or
records: Provided, however, That no correction must involve the change
of nationality, age, or status of the petitioner."
Section 4. Grounds for Change of First Name or Nickname. The
petition for change of first name or nickname may be allowed in any of
the following cases:
(1) The petitioner finds the first name or nickname to be ridiculous,
tainted with dishonor or extremely difficult to write or pronounce.
(2) The new first name or nickname has been habitually and continuously
used by the petitioner and he has been publicly known by that by that
first name or nickname in the community: or
(3) The change will avoid confusion.
ISSUE: May a person successfully petition for a change of name and sex
appearing in the birth certificate to reflect the result of a sex
reassignment surgery? NO.
The State has an interest in the names borne by individuals and entities
for purposes of identification. A change of name is a privilege, not a
right. Petitions for change of name are controlled by statutes.
RA 9048 now governs the change of first name.(NOTE: See
amended provision above RA 10172 ). RA 9048 does not sanction a
change of first name on the ground of sex reassignment. Rather
than avoiding confusion, changing petitioner's first name for his declared
purpose may only create grave complications in the civil registry and the
public interest.
a. Silverio v. Republic [G.R. NO. 174689 : October 22, 2007 | CORONA, J.]
Before a person can legally change his given name, he must present
proper or reasonable cause or any compelling reason justifying such
change. In addition, he must show that he will be prejudiced by the use
of his true and official name. In this case, he failed to show, or even
allege, any prejudice that he might suffer as a result of using his true
and official name.
No Law Allows The Change of Entry In The Birth Certificate As To Sex
On the Ground of Sex Reassignment. Under RA 9048, a correction in
the civil registry involving the change of sex is not a mere clerical
or typographical error. It is a substantial change for which the
applicable procedure is Rule 108 of the Rules of Court. There is no
such special law in the Philippines governing sex reassignment and its
effects. This is fatal to petitioner's cause.
20. Correction of Status
a. Republic vs. Coseteng- Magpayo [G.R. No. 189476 : February 02,
2011 | CARPIO MORALES, J.]
F: Claiming that his parents were never legally married, respondent filed
a Petition to change his name.
A person can effect a change of name under Rule 103 (CHANGE OF
NAME) using valid and meritorious grounds including
(a) when the
name is ridiculous, dishonorable or extremely difficult to write or
pronounce; (b) when the change results as a legal consequence such as
legitimation; (c) when the change will avoid confusion; (d) when one has
continuously used and been known since childhood by a Filipino name,
and was unaware of alien parentage; (e) a sincere desire to adopt a
Filipino name to erase signs of former alienage, all in good faith and
without prejudicing anybody; and (f) when the surname causes
embarrassment and there is no showing that the desired change of name
was for a fraudulent purpose or that the change of name would prejudice
public interest. Respondent's reason for changing his name cannot be
considered as one of, or analogous to, recognized grounds, however.
Rule 108 clearly directs that a petition which concerns one's civil status
should be filed in the civil registry in which the entry is sought to
be cancelled or corrected, and "all persons who have or claim any
interest which would be affected thereby" should be made parties
to the proceeding.
The civil law assumes that when an unemancipated child living with its
parents commits a tortious act, the parents were negligent in the
performance of their legal and natural duty closely to supervise the child
who is in their custody and control. Parental liability is, in other words,
anchored upon parental authority coupled with presumed parental
dereliction in the discharge of the duties accompanying such authority.
No presumption of parental dereliction on the part of the adopting
parents x x x could have arisen since [the minor] was not in fact subject
to their control at the time the tort was committed.
b. Libi v. IAC [G.R. No. 70890. September 18, 1992. | REGALADO, J.]
The parents are and should be held primarily liable for the civil liability
arising from criminal offenses committed by their minor children under
their legal authority or control, or who live in their company, unless it is
proven that the former acted with the diligence of a good father of a
x x x the law imposes civil liability upon the father and, in case of his
death or incapacity, the mother, for any damages that may be caused by
a minor child who lives with them. This principle of parental liability is a
species of what is frequently designated as vicarious liability, or the
doctrine of "imputed negligence" x x x where a person is not only liable
for torts committed by himself, but also for torts committed by others
with whom he has a certain relationship and for whom he is responsible.
Thus, parental liability is made a natural or logical consequence of the
duties and responsibilities of parents their parental authority which
includes the instructing, controlling and disciplining of the child. Article
221 of the Family Code has x x x insisted upon the requisite that the
child, doer of the tortious act, shall have been in the actual custody of
the parents sought to be held liable for the ensuing damage
Under Article 101 of the RPC, a father is civilly liable for the acts
committed by his son only if the latter is an imbecile, an insane, under 9
years of age, who acts without discernment, unless it appears that there
is no fault or negligence on his part. This is because a son who commits
the act under any of those conditions is by law exempt from criminal
liability (Article 12, subdivisions 1, 2 and 3, RPC). The idea is not to
leave the act entirely unpunished but to attach certain civil liability to
the person who has the delinquent minor under his legal authority and
control. But a minor over 15 years who acts with discernment is not
exempt from criminal liability, for which reason the Code is silent as to
the subsidiary liability of his parents should he stand convicted. In that
case resort should be had to the general law, the Civil Code, which,
under Article 2180, provides that "The father and, in case of his death,
or incapacity, the mother, are responsible for damages caused by the
minor children who lived in their company." This provision covers not
only obligations which arise from quasi-delicts but also those which arise
from criminal offenses. To hold otherwise would result in the absurdity
that while for an act where mere negligence intervenes the father or
mother may stand subsidiarily liable for the damage caused by his or her
son, no liability would attach if the damage is caused with criminal
intent.
Art. 63. The decree of legal separation shall have the following effects x x x (3)
The custody of the minor children shall be awarded to the innocent spouse,
subject to the provisions of Article 213 of this Code; and
Art. 213. In case of separation of the parents, parental authority shall be
exercised by the parent designated by the Court. The Court shall take into
account all relevant considerations, especially the choice of the child over seven
years of age, unless the parent chosen is unfit.
d. Bagtas v. Santos [G.R. NO. 166682 : November 27, 2009 | CARPIO, J.]
c. Salen v. Balce [G.R. No. L-14414. April 27, 1960. | BAUTISTA ANGELO,
J.]
The fact that private respondent has recognized the minor child
may be a ground for ordering him to give support to the latter,
but not for giving him custody of the child. Under Art. 213 of the
Family Code, "no child under seven years of age shall be separated from
the mother unless the court finds compelling reasons to order
otherwise."
Under Art. 213, courts must respect the "choice of the child over seven
years of age, unless the parent chosen is unfit" and here it has not been
shown that the mother is in any way unfit to have custody of her child.
Indeed, if private respondent loves his child, he should not condition the
grant of support for him on the award of his custody to him (private
respondent).
g. Silva vs. CA [G.R. No. 114742. July 17, 1997 | VITUG, J.:]
The fears expressed by respondent to the effect that petitioner shall be
able to corrupt and degrade their children once allowed to even
temporarily associate with petitioner is but the product of respondent's
unfounded imagination, for no man, bereft of all moral persuasions and
goodness, would ever take the trouble and expense in instituting a legal
action for the purpose of seeing his illegitimate children. It can just be
imagined the deep sorrows of a father who is deprived of his children of
tender ages.
h. Beckett v. Judge Sarmiento, Jr. (A.M. No. RTJ-12-2326 : January 30,
2013 | VELASCO, JR., J.)
The matter of custody is not permanent and unalterable. If the
parent who was given custody suffers a future character change and
becomes unfit, the matter of custody can always be re-examined and
adjusted x x x. To be sure, the welfare, the best interests, the benefit,
and the good of the child must be determined as of the time that either
parent is chosen to be the custodian. x x x in Dacasin v. Dacasin, a
custody agreement can never be regarded as "permanent and
unbending," the simple reason being that the situation of the parents
and even of the child can change, such that sticking to the agreed
arrangement would no longer be to the latters best interest. In a very
real sense, then, a judgment involving the custody of a minor child
cannot be accorded the force and effect of res judicata.
i. Magbaleta vs. Gonong (G.R. No. L-44903 April 22, 1977 | BARREDO, J.)
said profits shall be the increase in value between the market value of
the community property at the time of the celebration of the marriage
and the market value at the time of its dissolution." Clearly, what is
forfeited x x x is the net profits of the conjugal partnership
property.
l. Grande v. Antonio (G.R. No. 206248, February 18, 2014 | VELASCO JR.,
J.)
Parental authority over minor children is lodged by Art. 176 on the
mother; hence, respondents prayer has no legal mooring. Since parental
authority is given to the mother, then custody over the minor children
also goes to the mother, unless she is shown to be unfit.
Art. 56. The petition for legal separation shall be denied on any of the
following grounds:
(1) Where the aggrieved party has condoned the offense or act
complained of;
(2) Where the aggrieved party has consented to the commission of the
offense or act complained of;
(3) Where there is connivance between the parties in the commission of
the offense or act constituting the ground for legal separation;
(4) Where both parties have given ground for legal separation;
(5) Where there is collusion between the parties to obtain decree of legal
separation; or
(6) Where the action is barred by prescription.
m. Bugayong vs. Ginez [G.R. No. L-10033. December 28, 1956. | FELIX,
J.]
ISSUE: Do the husbands attitude of sleeping with his wife for 2 nights
despite his alleged belief that she was unfaithful to him, amount to a
condonation of her previous and supposed adulterous acts?
In the absence of proof to the contrary, properties acquired while they lived
together shall be presumed to have been obtained by their joint efforts, work or
industry, and shall be owned by them in equal shares. For purposes of this
Article, a party who did not participate in the acquisition by the other party of
any property shall be deemed to have contributed jointly in the acquisition
thereof if the former's efforts consisted in the care and maintenance of the family
and of the household.
Neither party can encumber or dispose by acts inter vivos of his or her share in
the property acquired during cohabitation and owned in common, without the
consent of the other, until after the termination of their cohabitation.
When only one of the parties to a void marriage is in good faith, the share of the
party in bad faith in the co-ownership shall be forfeited in favor of their common
children. In case of default of or waiver by any or all of the common children or
their descendants, each vacant share shall belong to the respective surviving
descendants. In the absence of descendants, such share shall belong to the
innocent party. In all cases, the forfeiture shall take place upon termination of
22. ***
Art. 147. When a man and a woman who are capacitated to marry each other,
live exclusively with each other as husband and wife without the benefit of
marriage or under a void marriage, their wages and salaries shall be owned by
them in equal shares and the property acquired by both of them through their
work or industry shall be governed by the rules on co-ownership.
a. Go- Bangayan v. Bangayan, Jr. (G.R. No. 201061, July 03, 2013 |
CARPIO, J.)
x x x the words married to preceding the name of a spouse are
merely descriptive of the civil status of the registered owner. Such
words do not prove co-ownership. Without proof of actual contribution
from either or both spouses, there can be no co-ownership under Article
148 of the Family Code.
23. *
Art. 151. No suit between members of the same family shall prosper unless it
should appear from the verified complaint or petition that earnest efforts toward
a compromise have been made, but that the same have failed. If it is shown that
no such efforts were in fact made, the same case must be dismissed.
This rules shall not apply to cases which may not be the subject of compromise
under the Civil Code. (222a)
Art 151 is applicable only to ordinary civil actions. This is clear from the
term "SUIT" that it refers to an action by one person or persons against
another or others in a court of justice in which the plaintiff pursues the
remedy which the law affords him for the redress of an injury or the
enforcement of a right, whether at law or in equity. A civil action is thus
an action filed in a court of justice, whereby a party sues another for the
enforcement of a right, or the prevention or redress of a wrong x x x
excerpt from the Report of the Code Commission unmistakably reveals
the intention of the Code Commission to make that legal provision
applicable only to civil actions which are essentially adversarial
and involve members of the same family.
Article 448. The owner of the land on which anything has been built, sown or
planted in good faith, shall have the right to appropriate as his own the works,
sowing or planting, after payment of the indemnity provided for in articles 546
and 548, or to oblige the one who built or planted to pay the price of the land,
and the one who sowed, the proper rent. However, the builder or planter cannot
be obliged to buy the land if its value is considerably more than that of the
building or trees. In such case, he shall pay reasonable rent, if the owner of the
land does not choose to appropriate the building or trees after proper indemnity.
The parties shall agree upon the terms of the lease and in case of disagreement,
the court shall fix the terms thereof. (361a)
Article 449. He who builds, plants or sows in bad faith on the land of another,
loses what is built, planted or sown without right to indemnity. (362)
Article 546. Necessary expenses shall be refunded to every possessor; but only
the possessor in good faith may retain the thing until he has been reimbursed
therefor.
Useful expenses shall be refunded only to the possessor in good faith with the
same right of retention, the person who has defeated him in the possession
26. ***
Article 447. The owner of the land who makes thereon, personally or through
another, plantings, constructions or works with the materials of another, shall
pay their value; and, if he acted in bad faith, he shall also be obliged to the
reparation of damages. The owner of the materials shall have the right to remove
them only in case he can do so without injury to the work constructed, or without
the plantings, constructions or works being destroyed. However, if the landowner
acted in bad faith, the owner of the materials may remove them in any event,
with a right to be indemnified for damages. (360a)
having the option of refunding the amount of the expenses or of paying the
increase in value which the thing may have acquired by reason thereof. (453a)
Article 1678. If the lessee makes, in good faith, useful improvements which are
suitable to the use for which the lease is intended, without altering the form or
substance of the property leased, the lessor upon the termination of the lease
shall pay the lessee one-half of the value of the improvements at that time.
Should the lessor refuse to reimburse said amount, the lessee may remove the
improvements, even though the principal thing may suffer damage thereby. He
shall not, however, cause any more impairment upon the property leased than is
necessary.
With regard to ornamental expenses, the lessee shall not be entitled to any
reimbursement, but he may remove the ornamental objects, provided no damage
is caused to the principal thing, and the lessor does not choose to retain them by
paying their value at the time the lease is extinguished. (n)
a. Rosales vs Castelltort
Under Art. 448, the landowner can choose between appropriating the
building by paying the proper indemnity or obliging the builder to pay
the price of the land, unless its value is considerably more than that of
the structures, in which case the builder in good faith shall pay
reasonable rent. If the parties cannot come to terms over the conditions
of the lease, the court must fix the terms thereof.
The choice belongs to the owner of the land, a rule that accords with the
principle of accession, i.e., that the accessory follows the principal and
not the other way around. Even as the option lies with the landowner,
the grant to him, nevertheless, is preclusive. The landowner cannot
refuse to exercise either option and compel instead the owner of the
building to remove it from the land.
Possession acquired in good faith does not lose this character except in
the case and from the moment facts exist which show that the possessor
is not unaware that he possesses the thing improperly or wrongfully.
The good faith ceases or is legally interrupted from the moment defects
in the title are made known to the possessor, by extraneous evidence or
by suit for recovery of the property by the true owner.
b. Nuguid v CA
the person who defeated him in the case for possession of the property)
for those necessary expenses and useful improvements made by him on
the thing possessed. Accordingly, a builder in good faith cannot be
compelled to pay rentals during the period of retention nor be disturbed
in his possession by ordering him to vacate. In addition, as in this case,
the owner of the land is prohibited from offsetting or compensating the
necessary and useful expenses with the fruits received by the builderpossessor in good faith. Otherwise, the security provided by law would
be impaired. This is so because the right to the expenses and the right
to the fruits both pertain to the possessor, making compensation
juridically impossible; and one cannot be used to reduce the other.
27. *
Article 485. The share of the co-owners, in the benefits as well as in the
charges, shall be proportional to their respective interests. Any stipulation in a
contract to the contrary shall be void.
The portions belonging to the co-owners in the co-ownership shall be presumed
equal, unless the contrary is proved. (393a)
Article 487. Any one of the co-owners may bring an action in ejectment. (n)
Article 495. Notwithstanding the provisions of the preceding article, the coowners cannot demand a physical division of the thing owned in common, when
to do so would render it unserviceable for the use for which it is intended. But
the co-ownership may be terminated in accordance with article 498. (401a)
Article 491. None of the co-owners shall, without the consent of the others,
make alterations in the thing owned in common, even though benefits for all
would result therefrom. However, if the withholding of the consent by one or
more of the co-owners is clearly prejudicial to the common interest, the courts
may afford adequate relief. (397a)
Article 484. There is co-ownership whenever the ownership of an undivided
thing or right belongs to different persons.
In default of contracts, or of special provisions, co-ownership shall be governed
by the provisions of this Title.
One who validly renounces an inheritance is deemed never to have possessed the
same. (440)
Article 534. On who succeeds by hereditary title shall not suffer the
consequences of the wrongful possession of the decedent, if it is not shown that
he was aware of the flaws affecting it; but the effects of possession in good faith
shall not benefit him except from the date of death of the decedent. (442)
Article 1138. In the computation of time necessary for prescription the
following rules shall be observed:
(1) The present possessor may complete the period necessary for prescription by
tacking his possession to that of his grantor or predecessor in interest;
28.
Article 533. The possession of hereditary property is deemed transmitted to the
heir without interruption and from the moment of the death of the decedent, in
case the inheritance is accepted.
(2) It is presumed that the present possessor who was also the possessor at a
previous time, has continued to be in possession during the intervening time,
unless there is proof to the contrary;
(3) The first day shall be excluded and the last day included. (1960a)
29. **
Article 559. The possession of movable property acquired in good faith is
equivalent to a title. Nevertheless, one who has lost any movable or has been
unlawfully deprived thereof, may recover it from the person in possession of the
same.
If the possessor of a movable lost or which the owner has been unlawfully
deprived, has acquired it in good faith at a public sale, the owner cannot obtain
its return without reimbursing the price paid therefor. (464a)
a. Ledesma v CA
It is quite clear that a party who (a) has lost any movable or (b) has been
unlawfully deprived thereof can recover the same from the present
possessor even if the latter acquired it in good faith and has, therefore,
title thereto for under the first sentence of Article 559, such manner of
acquisition is equivalent to a title. There are three (3) requisites to make
possession of movable property equivalent to title, namely: (a) the
possession should be in good faith; (b) the owner voluntarily parted with
the possession of the thing; and (c) the possession is in the concept of
owner.
Undoubtedly, one who has lost a movable or who has been unlawfully
deprived of it cannot be said to have voluntarily parted with the
possession thereof. This is the justification for the exceptions found
under the second sentence of Article 559 of the Civil Code.
b. EDCA v Santos
Actual delivery of the books having been made, Cruz acquired ownership
over the books which he could then validly transfer to the private
respondents. The fact that he had not yet paid for them to EDCA was a
matter between him and EDCA and did not impair the title acquired by
the private respondents to the books.
robber. The said article establishes two exceptions to the general rule of
irrevindicability, to wit, when the owner (1) has lost the thing, or (2) has
been unlawfully deprived thereof. In these cases, the possessor cannot
retain the thing as against the owner, who may recover it without paying
any indemnity, except when the possessor acquired it in a public sale.
Under Article 559 of the new Civil Code, a person illegally deprived of
any movable may recover it from the person in possession of the same
and the only defense the latter may have is if he has acquired it in good
faith at a public sale, in which case, the owner cannot obtain its return
without reimbursing the price paid therefor. In the present case, plaintiff
has been illegally deprived of his car through the ingenious scheme of
defendant B to enable the latter to dispose of it as if he were the owner
thereof. Plaintiff, therefore, can still recover possession of the car even if
it is in the possession of a third party who had acquired it in good faith
from defendant B. The maxim that "no man can transfer to another a
better title than he had himself" obtains in the civil as well as in the
common law.
30. ***
Article 603. Usufruct is extinguished:
(1) By the death of the usufructuary, unless a contrary intention clearly appears;
(2) By the expiration of the period for which it was constituted, or by the
fulfillment of any resolutory condition provided in the title creating the usufruct;
(3) By merger of the usufruct and ownership in the same person;
(4) By renunciation of the usufructuary;
(5) By the total loss of the thing in usufruct;
(6) By the termination of the right of the person constituting the usufruct;
(7) By prescription. (513a)
Article 606. A usufruct granted for the time that may elapse before a third
person attains a certain age, shall subsist for the number of years specified, even
if the third person should die before the period expires, unless such usufruct has
been expressly granted only in consideration of the existence of such person.
(516)
a. Moralidad v Pernes
The document executed by the petitioner dated July 21, 1986 constitutes
the title creating, and sets forth the conditions of, the usufruct.
Paragraph #3 thereof states "[T]hat anyone of my kins may enjoy the
privilege to stay therein and may avail the use thereof. Provided,
however, that the same is not inimical to the purpose thereof" (Emphasis
supplied). What may be inimical to the purpose constituting the usufruct
may be gleaned from the preceding paragraph wherein petitioner made
it abundantly clear "that anybody of my kins who wishes to stay on the
aforementioned property should maintain an atmosphere of cooperation,
live in harmony and must avoid bickering with one another." That the
maintenance of a peaceful and harmonious relations between and among
We disagree with the CAs conclusion of law on the matter. The term or
period of the usufruct originally specified provides only one of the bases
for the right of a usufructuary to hold and retain possession of the thing
given in usufruct. There are other modes or instances whereby the
usufruct shall be considered terminated or extinguished. For sure, the
Civil Code enumerates such other modes of extinguishment:
Article 624. The existence of an apparent sign of easement between two estates,
established or maintained by the owner of both, shall be considered, should
either of them be alienated, as a title in order that the easement may continue
actively and passively, unless, at the time the ownership of the two estates is
divided, the contrary should be provided in the title of conveyance of either of
them, or the sign aforesaid should be removed before the execution of the deed.
This provision shall also apply in case of the division of a thing owned in common
by two or more persons.
a. Bogo-medellin Milling Inc v CA
An easement or servitude is a real right, constituted on the corporeal
immovable property of another, by virtue of which the owner has to
refrain from doing, or must allow someone to do, something on his
property, for the benefit of another thing or person. It exists only when
the servient and dominant estates belong to two different owners. It
gives the holder of the easement an incorporeal interest on the land but
Article 650. The easement of right of way shall be established at the point least
prejudicial to the servient estate, and, insofar as consistent with this rule, where
the distance from the dominant estate to a public highway may be the shortest.
(565)
b. Abellana v CA
d. Cristobal v CA
To be entitled to a compulsory easement of right of way, the
preconditions provided under Arts. 649 and 650 of the Civil Code must
be established. These are: (1) that the dominant estate is surrounded by
other immovables and has no adequate outlet to a public highway; (2)
that proper indemnity has been paid; (3) that the isolation was not due to
acts of the proprietor of the dominant estate; (4) that the right of way
claimed is at a point least prejudicial to the servient estate and, in so far
as consistent with this rule, where the distance from the dominant estate
to a public highway may be the shortest.[9] The burden of proving the
existence of these prerequisites lies on the owner of the dominant estate.
e. S????????? vs CA WIDTH
f. Ramos v Gatchalian
The petitioner's position is not impressed with merit. We find no reason
to disturb the appellate court's finding of fact that the petitioner failed to
prove the non-existence of an adequate outlet to the Sucat Road except
through the Gatchalian Avenue. As borne out by the records of the case,
there is a road right of way provided by the Sabrina Rodriguez Lombos
Subdivision indicated as Lot 4133-G-12 in its subdivision plan for the
buyers of its lots. The fact that said lot is still undeveloped and causes
inconvenience to the petitioner when he uses it to reach the public
highway does not bring him within the ambit of the legal requisite. We
agree with the appellate court's observation that the petitioner should
have, first and foremost, demanded from the Sabrina Rodriguez Lombos
Subdivision the improvement and maintenance of Lot 4133-G-12 as his
road right of way because it was from said subdivision that he acquired
his lot and not either from the Gatchalian Realty or the respondents
Asprec. To allow the petitioner access to Sucat Road through Gatchalian
Avenue inspite of a road right of way provided by the petitioner's
subdivision for its buyers simply because Gatchalian Avenue allows
petitioner a much greater ease in going to and coming from the main
thoroughfare is to completely ignore what jurisprudence has consistently
maintained through the years regarding an easement of a right of way,
that "mere convenience for the dominant estate is not enough to serve as
its basis. To justify the imposition of this servitude, there must be a real,
not a fictitious or artificial, necessity for it."
Article 720. If the owner should appear in time, he shall be obliged to pay, as a
reward to the finder, one-tenth of the sum or of the price of the thing found.
(616a)
Article 2171. The rights and obligations of the finder of lost personal property
shall be governed by articles 719 and 720.
a. Finders Keepers;
DONATIONS
35.
Article 725. Donation is an act of liberality whereby a person disposes
Six months from the publication having elapsed without the owner having
appeared, the thing found, or its value, shall be awarded to the finder. The finder
and the owner shall be obliged, as the case may be, to reimburse the expenses.
(615a)
Article 1356. Contracts shall be obligatory, in whatever form they may have
been entered into, provided all the essential requisites for their validity are
present. However, when the law requires that a contract be in some form in
order that it may be valid or enforceable, or that a contract be proved in a
certain way, that requirement is absolute and indispensable. In such cases, the
right of the parties stated in the following article cannot be exercised. (1278a)
Article 745. The donee must accept the donation personally, or through an
authorized person with a special power for the purpose, or with a general and
sufficient power; otherwise, the donation shall be void. (630)
Article 746. Acceptance must be made during the lifetime of the donor and of
the donee. (n)
a. Republic vs S?????
b. Lagazo vs CA
In the words of the esteemed Mr. Justice Jose C. Vitug, 14 "Like any
other contract, an agreement of the parties is essential. The donation,
following the theory of cognition (Article 1319, Civil Code), is perfected
only upon the moment the donor knows of the acceptance by the donee."
Furthermore, "[i]f the acceptance is made in a separate instrument, the
donor shall be notified thereof in an authentic form, and this step shall
be noted in both instruments." 15
Acceptance of the donation by the donee is, therefore, indispensable; its
absence makes the donation null and void.16 The perfection and the
validity of a donation are well explained by former Sen. Arturo M.
Tolentino in this wise:
. . Title to immovable property does not pass from the donor to the donee
by virtue of a deed of donation until and unless it has been accepted in a
public instrument and the donor duly notified thereof. The acceptance
may be made in the very same instrument of donation. If the acceptance
does not appear in the same document, it must be made in another.
Solemn words are not necessary; it is sufficient if it shows the intention
to accept. But in this case it is necessary that formal notice thereof be
given to the donor, and the fact that due notice has been given must be
noted in both instruments (that containing the offer to donate and that
showing the acceptance). Then and only then is the donation perfected.
If the instrument of donation has been recorded in the registry of
property, the instrument that shows the acceptance should also be
recorded. Where the deed of donation fails to show the acceptance, or
where the formal notice of the acceptance, made in a separate
instrument, is either not given to the donor or else not noted in the deed
of donation and in the separate acceptance, the donation is null and void.
Anent the second issue, we reject the contention of the OSG that
respondents cause of action is already barred by prescription under
Article 764 of the New Civil Code, or four years from the non-compliance
with the condition in the deed of donation. Since such failure to comply
with the condition of utilizing the property for school purposes became
manifest sometime in 1988 when the DECS utilized another property for
the construction of the school building, the four-year prescriptive period
did not commence on such date. Petitioner was given more than enough
time to comply with the condition, and it cannot be allowed to use this
fact to its advantage. It must be stressed that the donation is onerous
because the DECS, as donee, was burdened with the obligation to utilize
the land donated for school purposes. Under Article 733 of the New
Civil Code, a donation with an onerous cause is essentially a contract
and is thus governed by the rules on contract
38. **
Article 764. The donation shall be revoked at the instance of the donor, when
the donee fails to comply with any of the conditions which the former imposed
upon the latter.
In this case, the property donated shall be returned to the donor, the alienations
made by the donee and the mortgages imposed thereon by him being void, with
the limitations established, with regard to third persons, by the Mortgage Law
and the Land Registration laws.
This action shall prescribe after four years from the noncompliance with the
condition, may be transmitted to the heirs of the donor, and may be exercised
against the donee's heirs. (647a)
a. Central Philippine University v CA
Thus, when the obligation does not fix a period but from its nature and
circumstances it can be inferred that a period was intended, the general
rule provided in Art. 1197 of the Civil Code applies, which provides that
the courts may fix the duration thereof because the fulfillment of the
obligation itself cannot be demanded until after the court has fixed the
period for compliance therewith and such period has arrived. 8
79. 1789;1808*
80. 1801 1803**
81. 1804**
82. 1816; 1823 1824*
83. 1828; 1829; 1830***
ORTEGA VS CA
The birth and life of a partnership at will is predicated on the mutual
desire and consent of the partners. The right to choose with whom a
person wishes to associate himself is the very foundation and essence
of that partnership. Its continued existence is, in turn, dependent on
the constancy of that mutual resolve, along with each partner's
capability to give it, and the absence of a cause for dissolution
provided by the law itself. Verily, any one of the partners may, at his
sole pleasure, dictate a dissolution of the partnership at will. He must,
however, act in good faith, not that the attendance of bad faith can
prevent the dissolution of the partnership but that it can result in a
liability for damages.
In passing, neither would the presence of a period for its specific
duration or the statement of a particular purpose for its creation
prevent the dissolution of any partnership by an act or will of a
partner. Among partners, mutual agency arises and the doctrine
78. 1767**
SY VS CA
Article 1767 of the Civil Code states that in a contract of partnership
two or more persons bind themselves to contribute money, property or
industry to a common fund, with the intention of dividing the profits
among themselves.[ Not one of these circumstances is present in this
case. No written agreement exists to prove the partnership between
the parties. Private respondent did not contribute money, property or
industry for the purpose of engaging in the supposed business. There
is no proof that he was receiving a share in the profits as a matter of
course, during the period when the trucking business was under
operation. Neither is there any proof that he had actively participated
in the management, administration and adoption of policies of the
business.
84. 1869**
PROF. SERVICES INC VS AGANA
In
this
case,
PSI
publicly
displays
in
the
lobby
of
the Medical City Hospital the names and specializations of the
physicians associated or accredited by it, including those of Dr. Ampil
and Dr. Fuentes. We concur with the Court of Appeals conclusion
that it is now estopped from passing all the blame to the
physicians whose names it proudly paraded in the public
directory leading the public to believe that it vouched for their
skill and competence. Indeed, PSIs act is tantamount to holding
out to the public that Medical City Hospital, through its accredited
physicians, offers quality health care services. By accrediting Dr.
Ampil and Dr. Fuentes and publicly advertising their qualifications,
the hospital created the impression that they were its agents,
authorized to perform medical or surgical services for its patients. As
expected, these patients, Natividad being one of them, accepted the
services on the reasonable belief that such were being rendered by
the hospital or its employees, agents, or servants.
QC CAPITAL MEDICAL CENTER VS NOGALES
In general, a hospital is not liable for the negligence of an
independent contractor-physician. There is, however, an exception to
this principle. The hospital may be liable if the physician is the
ostensible agent of the hospital. This exception is also known as the
doctrine of apparent authority.
also prove that the hospital had knowledge of and acquiesced in them;
and (3) the plaintiff acted in reliance upon the conduct of the hospital
or its agent, consistent with ordinary care and prudence.
85. 1874; 1315; 1356*
PINEDA VS CA
The Civil Code provides that in a sale of a parcel of land or any
interest therein made through an agent, a special power of attorney is
essential. This authority must be in writing, otherwise the sale shall be
void. In his testimony, petitioner Adeodato Duque confirmed that at
the time he purchased respondents property from Pineda, the latter
had no Special Power of Authority to sell the property. A special power
of attorney is necessary to enter into any contract by which the
ownership of an immovable is transmitted or acquired for a valuable
consideration. Without an authority in writing, petitioner Pineda could
not validly sell the subject property to petitioners Duque. Hence, any
sale in favor of petitioners Duque is void
86. 1317; 1403 (1); 1881; 1882; 1883; 1898; 1909; 1910; 1911***
BICOL SAVINGS BANK VS CA
The sale proscribed by a special power to mortgage under Article
1879 is a voluntary and independent contract, and not an auction sale
resulting from extrajudicial foreclosure, which is precipitated by the
default of a mortgagor. Absent that default, no foreclosure results.
The stipulation granting an authority to extrajudicially foreclose a
mortgage is an ancillary stipulation supported by the same cause or
consideration for the mortgage and forms an essential or inseparable
part of that bilateral agreement. The power to foreclose is not an
ordinary agency that contemplates exclusively the representation of
the principal by the agent but is primarily an authority conferred upon
the mortgagee for the latter's own protection. That power survives the
death of the mortgagor
Sevilla is a bona fide travel agent herself, and as such, she had
acquired an interest in the business entrusted to her. Moreover, she
had assumed a personal obligation for the operation thereof, holding
herself solidarily liable for the payment of rentals. She continued the
business, using her own name, after Tourist World had stopped
further operations. Her interest, obviously, is not to the commissions
she earned as a result of her business transactions, but one that
extends to the very subject matter of the power of management
delegated to her. It is an agency that, as we said, cannot be revoked at
the pleasure of the principal. Accordingly, the revocation complained
of should entitle the petitioner, Lina Sevilla, to damages.
LIM VS SABAN
Under Article 1927 of the Civil Code, an agency cannot be revoked if a
bilateral contract depends upon it, or if it is the means of fulfilling an
obligation already contracted, or if a partner is appointed manager of
a partnership in the contract of partnership and his removal from the
management is unjustifiable. Stated differently, an agency is deemed
as one coupled with an interest where it is established for the mutual
benefit of the principal and of the agent, or for the interest of the
principal and of third persons, and it cannot be revoked by the
principal so long as the interest of the agent or of a third person
subsists. In an agency coupled with an interest, the agents interest
must be in the subject matter of the power conferred and not merely
an interest in the exercise of the power because it entitles him to
compensation. When an agents interest is confined to earning his
agreed compensation, the agency is not one coupled with an interest,
since an agents interest in obtaining his compensation as such agent
is an ordinary incident of the agency relationship.
Guaranty and Surety
89. Distinctions**
90. 2056; 2058; 2059 ***
JN DEV. CORP VS PHIL GUARANTEE
Under a contract of guarantee, the guarantor binds himself to the
creditor to fulfill the obligation of the principal debtor in case the
latter should fail to do so. [34] The guarantor who pays for a debtor, in
turn, must be indemnified by the latter. [35] However, the guarantor
cannot be compelled to pay the creditor unless the latter has
exhausted all the property of the debtor and resorted to all the legal
remedies against the debtor. [36] This is what is otherwise known as the
benefit of excussion.
contract serves as the law between them. 33 Besides, the parking fee
of P300.00 per month or P10.00 a day for each unit is too minimal an
amount to even create an inference that BSP undertook to be an
insurer of the safety of plaintiffs-appellants' vehicles.
YHT REALTY CORP VS CA
Article 2003 was incorporated in the New Civil Code as an expression
of public policy precisely to apply to situations such as that presented
in this case. The hotel business like the common carriers business is
imbued with public interest. Catering to the public, hotelkeepers are
bound to provide not only lodging for hotel guests and security to
their persons and belongings. The twin duty constitutes the essence
of the business. The law in turn does not allow such duty to the public
to be negated or diluted by any contrary stipulation in so-called
undertakings that ordinarily appear in prepared forms imposed by
hotel keepers on guests for their signature. Paragraphs (2) and (4) of
the undertaking manifestly contravene Article 2003 of the New Civil
Code for they allow Tropicana to be released from liability arising
from any loss in the contents and/or use of the safety deposit box
for any cause whatsoever.[40]
Evidently, the undertaking was intended to bar any claim against
Tropicana for any loss of the contents of the safety deposit box
whether or not negligence was incurred by Tropicana or its
employees. The New Civil Code is explicit that the responsibility of
the hotel-keeper shall extend to loss of, or injury to, the personal
property of the guests even if caused by servants or employees of the
keepers of hotels or inns as well as by strangers, except as it may
proceed from any force majeure.[41] It is the loss through force
majeure that may spare the hotel-keeper from liability. In the case at
bar, there is no showing that the act of the thief or robber was done
with the use of arms or through an irresistible force to qualify the
same as force majeure.
93. 2085
94. 2087; 2115 ***
CHU VS CA
A pacto commissorio is a provision for the automatic appropriation of
the pledged or mortgaged property by the creditor in payment of the
loan upon its maturity. The prohibition against a pacto commissorio is
intended to protect the obligor, pledgor, or mortgagor against being
overreached by his creditor who holds a pledge or mortgage over
property whose value is much more than the debt. Where, as in this
case, the security for the debt is also money deposited in a bank, the
amount of which is even less than the debt, it was not illegal for the
creditor to encash the time deposit certificates to pay the debtors'
overdue obligation, with the latter's consent.
VASQUEZ VS CA
The Court of Appeals pronounced in its Decision that the contract
between the parties is an equitable mortgage. Since the contract is
characterized as a mortgage, the provisions of the Civil Code
governing mortgages apply. Article 2088 of the Civil Code states:
We now correlate par. 5 of Art. 2180 with Art. 2184 of the same Code
which provides: "In motor vehicle mishap, the owner is solidarily
liable with his driver, if the former, who was in the vehicle, could have
by the use of due diligence, prevented the misfortune x x x x If the
owner was not in the motor vehicle, the provisions of article 2180 are
applicable."
Obviously, this provision of Art. 2184 is neither
applicable because of the absence of master-driver relationship
between respondent FILCAR and Dahl-Jensen. Clearly, petitioner has
no cause of action against respondent FILCAR on the basis of quasidelict; logically, its claim against respondent FORTUNE can neither
prosper.
CASTILLEX VS VASQUEZ
Petitioners interpretation of the fifth paragraph is not accurate. The
phrase even though the former are not engaged in any business or
industry found in the fifth paragraph should be interpreted to mean
that it is not necessary for the employer to be engaged in any business
or industry to be liable for the negligence of his employee who is
acting within the scope of his assigned task. [5]
A distinction must be made between the two provisions to determine
what is applicable. Both provisions apply to employers: the fourth
FGU INSURANCE VS CA
The liability imposed by Art. 2180 arises by virtue of a
presumption juris tantum of negligence on the part of the persons
made
responsible thereunder, derived from their failure to exercise due
care and vigilance over the acts of subordinates to prevent them from
causing damage.[7] Yet, as correctly observed by respondent court, Art.
2180
is
hardly
applicable
because
none
of
the
circumstances mentioned therein obtains in the case under consider
ation. Respondent FILCAR being engaged in a rent-a-car business was
only the owner of the car leased to Dahl-Jensen. As such, there was
no vinculum
juris between
them
as
employer
and
employee. Respondent FILCAR cannot in any way be responsible for
the negligent act of Dahl-Jensen, the former not being an employer of
the latter.
VILLANUEVA VS DOMINGO
This Court has consistently ruled that regardless of who
the actual owner is of a motor vehicle might be, the registered owner
is the operator of the same with respect to the public and third
persons, and as such, directly and primarily responsible for the
consequences of its operation. In contemplation of law, the
owner/operator of record is the employer of the driver, the actual
operator and employer being considered merely as his agent. We
believe that it is immaterial whether or not the driver was actually
employed by the operator of record. It is even not necessary to prove
who the actual owner of the vehicle and the employer of the driver is.
Granting that, in this case, the father of the driver is the actual owner
and that he is the actual employer, following the well-settled principle
that the operator of record continues to be the operator of the vehicle
in contemplation of law, as regards the public and third person, and as
such is responsible for the consequences incident to its operation, we
must hold and consider such owner-operator of record as the
employer, in contemplation of law, of the driver. And, to give effect to
this policy of law as enunciated in the above cited decisions of this
Court, we must now extend the same and consider the actual operator
and employer as the agent of the operator of record.
99. 2183 *
AFIALDA VS HISOLE
This opinion, however, appears to have been rendered in a case where
an animal caused injury to a stranger or third person. It is therefore
no authority for a case like the present where the person injured was
the caretaker of the animal. The distinction is important. For the
statute names the possessor or user of the animal as the person liable
for "any damages it may cause," and this for the obvious reason that
the possessor or user has the custody and control of the animal and is
therefore the one in a position to prevent it from causing damage.
In the present case, the animal was in custody and under the control
of the caretaker, who was paid for his work as such. Obviously, it was
the caretaker's business to try to prevent the animal from causing
injury or damage to anyone, including himself. And being injured by
the animal under those circumstances, was one of the risks of the
occupation which he had voluntarily assumed and for which he must
take the consequences.
100. 2185 ***
FILIPINAS SYNTHETIC CORP VS DELOS SANTOS
Under the New Civil Code, 9 unless there is proof to the contrary, it is
presumed that a person driving a motor vehicle has been negligent if
at the time of the mishap, he was violating any traffic regulation.
Apparently, in the present case, Mejia's violation of the traffic rules
does not erase the presumption that he was the one negligent at the
time of the collision. Even apart from statutory regulations as to
speed, a motorist is nevertheless expected to exercise ordinary care
and drive at a reasonable rate of speed commensurate with all the
conditions encountered10 which will enable him to keep the vehicle
under control and, whenever necessary, to put the vehicle to a full
stop to avoid injury to others using the highway
DAMAGES
The actual damages awarded by the trial court reduced by the Court
of Appeals should be further reduced. In People v. Duban,[51] it was
held that only substantiated and proven expenses or those that appear
to have been genuinely incurred in connection with the death, wake or
burial of the victim will be recognized. A list of expenses (Exhibit J),
[52]
and the contract/receipt for the construction of the tomb (Exhibit
F)[53] in this case, cannot be considered competent proof and cannot
replace the official receipts necessary to justify the award. Hence,
actual damages should be further reduced to P78,160.00, [54] which
was the amount supported by official receipts.
MERCURY DRUG VS HUANG
With regard to actual damages, Art. 2199 of the Civil Code provides
that [E]xcept as provided by law or by stipulation one is entitled to
an adequate compensation only for such pecuniary loss suffered by
him as he has duly proved x x x. In the instant case, we uphold the
finding that the actual damages claimed by respondents were
Petitioners are also liable for all damages which are the natural and
probable consequences of the act or omission complained of. [16] The
doctors who attended to respondent Stephen are one in their
prognosis that his chances of walking again and performing basic
body functions are nil. For the rest of his life, he will need continuous
rehabilitation and therapy to prevent further complications such as
pneumonia, bladder and rectum infection, renal failure, sepsis and
severe bed sores, osteoporosis and fractures, and other spinal cord
injury-related conditions. He will be completely dependent on the
care and support of his family. We thus affirm the award
of P23,461,062.00 for the life care cost of respondent Stephen Huang,
based on his average monthly expense and the actuarial computation
of the remaining years that he is expected to live; and the
conservative amount of P10,000,000.00, as reduced by the trial court,
for the loss or impairment of his earning capacity, [17] considering his
age, probable life expectancy, the state of his health, and his mental
and physical condition before the accident. He was only seventeen
years old, nearly six feet tall and weighed 175 pounds. He was in
fourth year high school, and a member of the school varsity basketball
team. He was also class president and editor-in-chief of the school
annual. He had shown very good leadership qualities. He was
looking forward to his college life, having just passed the entrance
examinations of the University of the Philippines, De La Salle
University, and the University of Asia and the Pacific. The University
of Sto. Tomas even offered him a chance to obtain an athletic
scholarship, but the accident prevented him from attending the
basketball try-outs. Without doubt, he was an exceptional
student. He excelled both in his academics and extracurricular
undertakings. He is intelligent and motivated, a go-getter, as testified
by Francisco Lopez, respondent Stephen Huangs godfather and a
bank executive.[18] Had the accident not happened, he had a rosy
future ahead of him. He wanted to embark on a banking career, get
married and raise children. Taking into account his outstanding
abilities, he would have enjoyed a successful professional career in
banking. But, as Mr. Lopez stated, it is highly unlikely for someone
like respondent to ever secure a job in a bank. To his knowledge, no
bank has ever hired a person suffering with the kind of disability as
Stephen Huangs.
Moreover, where the broadcast is libelous per se, the law implies
damages.[45] In such a case, evidence of an honest mistake or the want
of character or reputation of the party libeled goes only in mitigation
of damages.[46] Neither in such a case is the plaintiff required to
introduce evidence of actual damages as a condition precedent to the
recovery of some damages.[47] In this case, the broadcasts are
libelous per se. Thus, AMEC is entitled to moral damages.
103.
104.
Exemplary Damages *
Special Laws *
SUCCESSION
1. Article 777; Article 905; Article 1347; Article 1080; Article 870
Art. 777. The rights to the succession are transmitted from the
moment of the death of the decedent. (657a)
Art. 905. Every renunciation or compromise as regards a future
legitime between the person owing it and his compulsory heirs is void,
and the latter may claim the same upon the death of the former; but
they must bring to collation whatever they may have received by virtue
of the renunciation or compromise. (816)
Art. 1347. All things which are not outside the commerce of men,
including future things, may be the object of a contract. All rights
which are not intransmissible may also be the object of contracts.
No contract may be entered into upon future inheritance except in
cases expressly authorized by law.
All services which are not contrary to law, morals, good customs,
public order or public policy may likewise be the object of a contract.
(1271a)
Art. 1080. Should a person make partition of his estate by an act inter
vivos, or by will, such partition shall be respected, insofar as it does
not prejudice the legitime of the compulsory heirs.
A parent who, in the interest of his or her family, desires to keep any
agricultural, industrial, or manufacturing enterprise intact, may avail
himself of the right granted him in this article, by ordering that the
legitime of the other children to whom the property is not assigned, be
paid in cash. (1056a)
Art. 870. The dispositions of the testator declaring all or part of the
estate inalienable for more than twenty years are void. (n)
2. 804-806
will is written, and the fact that the testator signed the will and every
page thereof, or caused some other person to write his name, under his
express direction, in the presence of the instrumental witnesses, and
that the latter witnessed and signed the will and all the pages thereof
in the presence of the testator and of one another.
If the attestation clause is in a language not known to the witnesses, it
shall be interpreted to them. (n)
CORE ISSUES: (i) how to prove the fact of fraud in the making of the
will; and (ii) what constitutes a sound and disposing mind.
FRAUD: Fraud is a trick, secret device, false statement, or pretence,
by which the subject of it is cheated. It may be of such character that the
testator is misled or deceived as to the nature or contents of the
document which he executed, or it may relate to some extrinsic fact, in
consequence of the deception regarding which the testator is led to
make a certain will which, but for the fraud, he would not have made.
The party challenging the will bears the burden of proving the
existence of fraud at the time of its execution. The burden to show
otherwise shifts to the proponent of the will only upon a showing of
credible evidence of fraud. Unfortunately in this case, other than the
self-serving allegations of petitioners, no evidence of fraud was ever
presented.
The omission of some relatives does not affect the due execution of a
will.
WHAT CONSTITUTE SOUND AND DISPOSING MIND: The three
things that the testator must have the ability to know to be considered of
sound mind are as follows: (1) the nature of the estate to be disposed of;
(2) the proper objects of the testators bounty; and (3) the character of
the testamentary act. Applying this test to the present case, we find that
the appellate court was correct in holding that Placido had testamentary
capacity at the time of the execution of his will.
It must be noted that despite his advanced age, he was still able to
identify accurately the kinds of property he owned, the extent of his
shares in them, and even their locations. As regards the proper
objects of his bounty, it was sufficient that he identified his wife as
sole beneficiary. As we have stated earlier, the omission of some
relatives from the will did not affect its formal validity. There being no
showing of fraud in its execution, intent in its disposition becomes
irrelevant.
3. 808
Art. 808. If the testator is blind, the will shall be read to him twice;
once, by one of the subscribing witnesses, and again, by the notary
public before whom the will is acknowledged. (n)
Art. 834. The recognition of an illegitimate child does not lose its legal
effect, even though the will wherein it was made should be revoked.
(714)
Art. 172. The wife cannot bind the conjugal partnership without the
husband's consent except in cases provided by law. (1416a)
6. 854
Art. 854. The preterition or omission of one, some, or all of the
compulsory heirs in the direct line, whether living at the time of the
execution of the will or born after the death of the testator, shall annul
the institution of heir; but the devises and legacies shall be valid
Art. 891. The ascendant who inherits from his descendant any property
which the latter may have acquired by gratuitous title from another
ascendant, or a brother or sister, is obliged to reserve such property as
he may have acquired by operation of law for the benefit of relatives who
are within the third degree and who belong to the line from which said
property came. (871)
operations
which
the
owner
was
not
In every case, the courts shall determine such period as may under the
circumstances have been probably contemplated by the parties. Once
fixed by the courts, the period cannot be changed by them. (1128a)
Art. 1385. Rescission creates the obligation to return the things which
were the object of the contract, together with their fruits, and the price
with its interest; consequently, it can be carried out only when he who
demands rescission can return whatever he may be obliged to restore.
Neither shall rescission take place when the things which are the object
of the contract are legally in the possession of third persons who did not
act in bad faith.
In this case, indemnity for damages may be demanded from the person
causing the loss. (1295)
a. U.P. vs. DELOS ANGELES | G.R. No. L-28602. September 29, 1970
BREACH OF CONTRACT RESCISSION UNDER 1191: Where UP
and ALUMCO had expressly stipulated in the "Acknowledgment of
Art. 1208. If from the law, or the nature or the wording of the
obligations to which the preceding article refers the contrary does not
appear, the credit or debt shall be presumed to be divided into as many
shares as there are creditors or debtors, the credits or debts being
considered distinct from one another, subject to the Rules of Court
governing the multiplicity of suits. (1138a)
5. 1245: PHILIPPINE LAWIN BUS LINES vs. CA | G. R. No. 130972.
January 23, 2002
Art. 1245. Dation in payment, whereby property is alienated to the
creditor in satisfaction of a debt in money, shall be governed by the law
of sales. (n)
January 20,
Art. 1278. Compensation shall take place when two persons, in their own
right, are creditors and debtors of each other. (1195)
Art. 1279. In order that compensation may be proper, it is necessary:
(1) That each one of the obligors be bound principally, and that he be at
the same time a principal creditor of the other;
(2) That both debts consist in a sum of money, or if the things due are
consumable, they be of the same kind, and also of the same quality if the
latter has been stated;
(3) That the two debts be due;
(4) That they be liquidated and demandable;
a. LEGAL COMPENSATION:
Compensation is defined as a mode of
extinguishing obligations whereby two persons in their capacity as
principals are mutual debtors and creditors of each other with respect to
equally liquidated and demandable obligations to which no retention or
controversy has been timely commenced and communicated by third
parties.
b. REQUISITES ARE PROVIDED UNDER ARTICLE 1279:
1) That each one of the obligors be bound principally, and that he be at the
same time a principal creditor of the other;
2) That both debts consist in a sum of money, or if the things due are
consumable, they be of the same kind, and also of the same quality if the
latter has been stated;
3) That the two debts be due;
Acceptance made by letter or telegram does not bind the offerer except
from the time it came to his knowledge. The contract, in such a case, is
presumed to have been entered into in the place where the offer was
made. (1262a)
9. 1314: Any third person who induces another to violate his contract shall be
liable for damages to the other contracting party.
Art. 1314. Any third person who induces another to violate his contract
shall be liable for damages to the other contracting party. (n)
a. SO PING BUN vs. CA | G.R. No. 120554 September 21, 1999
There is tort interference when during the existence of a valid contract,
a third person, to whom the existence of such contract is known,
interferes without legal justification or excuse. The elements of tort
interference are: (1) existence of a valid contract; (2) knowledge on the
part of the third person of the existence of contract; and (3) interference
of the third person is without legal justification or excuse. Petitioners
Trendsetter Marketing asked DCCSI to execute lease contracts in its
favor, and as a result petitioner deprived respondent corporation of the
latters property right. Clearly, as correctly viewed by the appellate
court, these elements are present in the instant case.
10. 1324; 1479
Art. 1324. When the offerer has allowed the offeree a certain period to
accept, the offer may be withdrawn at any time before acceptance by
communicating such withdrawal, except when the option is founded upon
a consideration, as something paid or promised. (n)
Art. 1479. A promise to buy and sell a determinate thing for a price
certain is reciprocally demandable.
11. 1356:
Art. 1356. Contracts shall be obligatory, in whatever form they may have
been entered into, provided all the essential requisites for their validity
are present. However, when the law requires that a contract be in some
which moves the contracting parties to enter into the contract. The
definition illustrates that the consideration contemplated to support an
option contract need not be monetary. Actual cash need not be
exchanged for the option. However, by the very nature of an option
contract (Art. 1479), the same is an onerous contract for which the
consideration must be something of value, although its kind may vary.
RULE:
An option contract needs to be supported by a separate
consideration. The consideration need not be monetary but could
consist of other things or undertakings. However, if the consideration is
not monetary, these must be things or undertakings of value, in view of
the onerous nature of the contract of option. Furthermore, when a
consideration for an option contract is not monetary, said consideration
must be clearly specified as such in the option contract or clause.
d. SANCHEZ vs. RIGOS | G.R. No. L-25494. June 14, 1972
If the option is given without a consideration, it is a mere offer of a
contract of sale which is not binding until accepted. If, however,
acceptance is made before a withdrawal, it constitutes a binding
contract of sale even though the option was not supported by sufficient
consideration.
e. SERRA vs. COURT OF APPEALS | G.R. No. 103338. January 4, 1994
A promise to buy and sell a determinate thing for a price certain is
reciprocally demandable. An accepted unilateral promise to buy and sell
a determinate thing for a price certain is binding upon the promisor if
the promise is supported by a consideration distinct from the price
(Article 1479). The first is the mutual promise and each has the right to
demand from the other the fulfillment of the obligation. While the second
is merely an offer of one to another, which if accepted, would create an
obligation to the offeror to make good his promise, provided the
acceptance is supported by a consideration distinct from the price.
f. VDA. DE QUIRINO vs. PALARCA | G.R. No. L-28269. August 15, 1969
In reciprocal contracts, the obligation or promise of each party is the
consideration for that of the other. As a consequence, the power to
rescind obligations is implied in reciprocal ones, in case one of the
obligors should not comply with what is incumbent upon him.
Article 1324 provides that when an offeror has allowed the offeree a
certain period to accept, the offer maybe withdrawn at anytime before
acceptance by communicating such withdrawal, except when the option
is founded upon consideration, as something paid or promised. On the
other hand, Article 1479 provides that an accepted unilateral promise to
buy and sell a determinate thing for a price certain is binding upon the
promisor if the promise is supported by a consideration distinct from the
price.
In a unilateral promise to sell, where the debtor fails to withdraw the
promise before the acceptance by the creditor, the transaction becomes
a bilateral contract to sell and to buy, because upon acceptance by the
creditor of the offer to sell by the debtor, there is already a meeting of
the minds of the parties as to the thing which is determinate and the
price which is certain. In which case, the parties may then reciprocally
demand performance.
G. E*ILO** vs. A**EL*
12. 1390; 1397 KILOSBAYAN vs. MORATO | G.R. No. 118910. July 17,
1995
Art. 1390. The following contracts are voidable or annullable, even
though there may have been no damage to the contracting parties:
(1) Those where one of the parties is incapable of giving consent to a
contract;
(2) Those where the consent is vitiated
intimidation, undue influence or fraud.
by
mistake,
violence,
These contracts are binding, unless they are annulled by a proper action
(2) Those that do not comply with the Statute of Frauds as set forth in
this number. In the following cases an agreement hereafter made shall be
unenforceable by action, unless the same, or some note or memorandum,
thereof, be in writing, and subscribed by the party charged, or by his
agent; evidence, therefore, of the agreement cannot be received without
the writing, or a secondary evidence of its contents:
purchase money; but when a sale is made by auction and entry is made by
the auctioneer in his sales book, at the time of the sale, of the amount
and kind of property sold, terms of sale, price, names of the purchasers
and person on whose account the sale is made, it is a sufficient
memorandum;
(e) An agreement of the leasing for a longer period than one year, or for
the sale of real property or of an interest therein;
(f) A representation as to the credit of a third person.
(3) Those where both parties are incapable of giving consent to a
contract.
14. 1409; 1410 URETA vs. URETA | G.R. No. 165748. September 14,
2011
Art. 1409. The following contracts are inexistent and void from the
beginning:
(1) Those whose cause, object or purpose is contrary to law, morals, good
customs, public order or public policy;
(2) Those which are absolutely simulated or fictitious;
(3) Those whose cause or object did not exist at the time of the
transaction;
a. GENERAL RULE: Under the rule on the Statute of Frauds, a contract for
the sale or acquisition of real property shall be unenforceable unless the
same or some note of the contract be in writing and subscribed by the party
charged. Subject to defined exceptions, evidence of the agreement cannot
be received without the writing, or secondary evidence of its contents.
b. APPLICATION:
The statute applies only to executory and not to
completed, executed, or partially consummated contracts.
RATIO: In executory contracts there is a wide field for fraud because
unless they may be in writing there is no palpable evidence of the
intention of the contracting parties. The statute has been precisely been
enacted to prevent fraud. However, if a contract has been totally or
partially performed, the exclusion of parol evidence would promote fraud
or bad faith, for it would enable the defendant to keep the benefits
already derived by him from the transaction in litigation, and at the same
time, evade the obligations, responsibilities or liabilities assumed or
contracted by him thereby.
c. CASE AT BAR: The agreement package between the government and the
private lot owners was already partially performed by the government
through the acquisition of the lots for the expansion of the Lahug airport.
However, the parties failed to accomplish the condition, the expansion of
the Lahug Airport. Be that as it may, the two groups of landowners can, in
an action to compel MCIAA to make good its oral undertaking to allow
repurchase, adduce parol evidence to prove the transaction. At any rate,
the objection on the admissibility of evidence on the basis of the
Statute of Frauds may be waived if not timely raised. Records tend to
support the conclusion that MCIAA did not, as the Ouanos and the Inocians
posit, object to the introduction of parol evidence to prove its commitment
to allow the former landowners to repurchase their respective properties
upon the occurrence of certain events.
(1) When the fault is on the part of both contracting parties, neither may
recover what he has given by virtue of the contract, or demand the
performance of the other's undertaking;
(2) When only one of the contracting parties is at fault, he cannot recover
what he has given by reason of the contract, or ask for the fulfillment of
what has been promised him. The other, who is not at fault, may demand
the return of what he has given without any obligation to comply his
promise. (1306)
Art. 1412. If the act in which the unlawful or forbidden cause consists
does not constitute a criminal offense, the following rules shall be
observed:
d. Article 1412 of the Civil Code provides in part: If the act in which the
unlawful or forbidden cause consists does not constitute a criminal offense,
the following rules shall be observed:(1) When the fault is on the part of
both contracting parties, neither may recover what he has given by virtue
of the contract, or demand the performance of the other's undertaking.
e. CASE AT BAR: Banco Filipino cannot demand the reconveyance of the
subject properties in the present cases; neither can any affirmative relief be
accorded to one party against the other since they have been found to have
acted in pari delicto. As admitted by the Bank, it "warehoused" its branch
site holdings to Tala to enable it to pursue its expansion program and
purchase new branch sites including its main branch in Makati, and at the
same time avoid the real property holdings limit under 25(a)and 34 of the
General Banking Act which it had already reached.
f. The Bank cannot use the defense of nor seek enforcement of its alleged
implied trust with Tala since its purpose was contrary to law. An implied
trust could not have been formed because the purchase is made in violation
of an existing statute and in evasion of its express provision, no trust can
result in favor of the party who is guilty of the fraud.
ESTOPPEL
Art. 1431. Through estoppel an admission or representation is rendered
conclusive upon the person making it, and cannot be denied or disproved as
against the person relying thereon.
Art. 1432. The principles of estoppel are hereby adopted insofar as they are not
in conflict with the provisions of this Code, the Code of Commerce, the Rules of
Court and special laws.
The Court sustained the appellate courts finding that private respondents
evidence to establish her filiation with and paternity of petitioner was
overwhelming, particularly the latters public acknowledgment of his amorous
relationship with private respondents mother, and private respondent as his
own child through acts and words, her testimonial evidence to that effect was
fully supported by documentary evidence. The Court thus ruled that
respondent had adduced sufficient proof of continuous possession of status of
a spurious child.
Article 172 of the Family Code is an adaptation of Article 283 of the Civil
Code. The legal provision provides that the father is obliged to recognize the
child as his natural child when the child has in his favor any evidence or
proof that the defendant is his father.
The last paragraph of Article 283 contains a blanket provision that
practically covers all the other cases in the preceding paragraphs. Any
other evidence or proof that the defendant is the father is broad enough to
render unnecessary the other paragraphs of this article. When the evidence
submitted in the action for compulsory recognition is not sufficient to meet
[the] requirements of the first three paragraphs, it may still be enough
under the last paragraph. This paragraph permits hearsay and reputation
evidence, as provided in the Rules of Court, with respect to illegitimate
filiation.
MENDOZA vs. COURT OF APPEALS | G.R. No. L-31618 | August 17, 1983
Article 1437 of the Civil Code on ESTOPPEL INVOLVING IMMOVABLE
PROPERTY provides:
When in a contract between third persons concerning immovable property,
one of them is misled by a person with respect to the ownership or real right
over the real estate, the latter is precluded from asserting his legal title or
interest therein, provided all these requisites are present:
(1) There must be fraudulent representation or wrongful concealment of
facts known to the party estopped;
(2) The party precluded must intend that the other should act upon the
facts as misrepresented;
(3) The party misled must have been unaware of the true facts; and
(4) The party defrauded must have acted in accordance with the
representation.
The principle of estoppel rests on the rule that whenever a party has, by his
declaration, act or omission, intentionally and deliberately led the other to
believe a particular thing true and to act, upon such belief he cannot, in any
litigation arising out of such declaration, act or omission, be permitted to
falsify it.
WHO CAN INVOKE: Estoppel can only be invoked between the person
making the misrepresentation and the person to whom it was addressed. It is
essential that the latter shall have relied upon the misrepresentation and had
been influenced and misled thereby.
Art. 1436. A lessee or a bailee is estopped from asserting title to the thing
leased or received, as against the lessor or bailor.
SANTOS vs. NSO | G.R. No. 171129 | April 6, 2011
CONCLUSIVE PRESUMPTIONS 2(b), Rule 131, ROC: What a tenant is
estopped from denying is the title of his landlord at the time of the
[Comment: There are several cases that cited the ruling in Ilano vs. CA, but it is
mainly a PFR case. I found a case citing Ilano regarding estoppel involving
movable property.]
**EMILIA O'LACO vs. VALENTIN CO CHO CHIT | G.R. No. 58010| March
31, 1993
CASE AT BAR: A resulting trust was intended by the parties under Art. 1448
of the Civil Code. As stipulated by the parties, the document of sale, the
owner's duplicate copy of the certificate of title, insurance policies, receipt of
initial premium of insurance coverage and real estate tax receipts were all in
the possession of respondent-spouses which they offered in evidence. As
asserted by respondent O Lay Kia, the reason why these documents of
ownership remained with her is that the land in question belonged to her.
Indeed, there can be no persuasive rationalization for the possession of these
documents of ownership by respondent-spouses for 17 years after the
Oroquieta property was purchased in 1943 than that of precluding its possible
Art. 1448. There is an implied trust when property is sold, and the legal estate
is granted to one party but the price is paid by another for the purpose of having
the beneficial interest of the property. The former is the trustee, while the latter
is the beneficiary. However, if the person to whom the title is conveyed is a child,
legitimate or illegitimate, of the one paying the price of the sale, no trust is
implied by law, it being disputably presumed that there is a gift in favor of the
child.
**Art. 1534. An unpaid seller having the right of lien or having stopped the
goods in transitu, may rescind the transfer of title and resume the ownership in
the goods, where he expressly reserved the right to do so in case the buyer
should make default, or where the buyer has been in default in the payment of
the price for an unreasonable time. The seller shall not thereafter be liable to the
buyer upon the contract of sale, but may recover from the buyer damages for any
loss occasioned by the breach of the contract.
The transfer of title shall not be held to have been rescinded by an unpaid
seller until he has manifested by notice to the buyer or by some other overt act
an intention to rescind. It is not necessary that such overt act should be
communicated to the buyer, but the giving or failure to give notice to the buyer
of the intention to rescind shall be relevant in any issue involving the question
whether the buyer had been in default for an unreasonable time before the right
of rescission was asserted. (n)
**Art. 1592. In the sale of immovable property, even though it may have been
stipulated that upon failure to pay the price at the time agreed upon the
rescission of the contract shall of right take place, the vendee may pay, even
after the expiration of the period, as long as no demand for rescission of the
contract has been made upon him either judicially or by a notarial act. After the
demand, the court may not grant him a new term. (1504a)
(1) Exact fulfillment of the obligation, should the vendee fail to pay;
(2) Cancel the sale, should the vendee's failure to pay cover two or more
installments;
(3) Foreclose the chattel mortgage on the thing sold, if one has been
constituted, should the vendee's failure to pay cover two or more installments. In
this case, he shall have no further action against the purchaser to recover any
unpaid balance of the price. Any agreement to the contrary shall be void. (1454A-a)
MAGNA FINANCIAL SERVICES vs. COLARINA| G.R. No. 158635|
December 9, 2005
CASE AT BAR: Based on the Complaint, petitioner preferred to avail of the
first and third remedies under Article 1484, at the same time suing for
replevin. The Court of Appeals justifiably set aside the decision of the RTC.
Perusing the Complaint, the petitioner, under its prayer number 1, sought for
the payment of the unpaid amortizations which is a remedy that is provided
under Article 1484(1) of the Civil Code, allowing an unpaid vendee to exact
fulfillment of the obligation. At the same time, petitioner prayed
that
Colarina be ordered to surrender possession of the vehicle so that it may
ultimately be sold at public auction, which remedy is contained under Article
1484(3). Such a scheme is not only irregular but is a flagrant circumvention
of the prohibition of the law. By praying for the foreclosure of the chattel,
Magna Financial Services Group, Inc. renounced whatever claim it may have
under the promissory note.
ARTICLE 1484(3) provides that if the vendor has availed himself of the right
to foreclose the chattel mortgage, he shall have no further action against the
purchaser to recover any unpaid balance of the purchase price.
Any
agreement to the contrary shall be void.
In all proceedings for the
foreclosure of chattel mortgages executed on chattels which have been sold
on the installment plan, the mortgagee is limited to the property included in
the mortgage.
**Art. 1498. When the sale is made through a public instrument, the execution
thereof shall be equivalent to the delivery of the thing which is the object of the
contract, if from the deed the contrary does not appear or cannot clearly be
inferred.
With regard to movable property, its delivery may also be made by the
delivery of the keys of the place or depository where it is stored or kept. (1463a)
(1) Where delivery of the goods has been made to the buyer or to a bailee
for the buyer, in pursuance of the contract and the ownership in the goods has
been retained by the seller merely to secure performance by the buyer of his
obligations under the contract, the goods are at the buyer's risk from the time of
such delivery;
(2) Where actual delivery has been delayed through the fault of either the
buyer or seller the goods are at the risk of the party in fault. (n)
RES PERIT DOMINO
DEFINITION: The thing is lost to the owner. This phrase is used to express
that when a thing is lost or destroyed, it is lost to the person who was the
owner of it at the time. Ownership is the basis for consideration of who bears
the risk of loss.
RADIOWEALTH FINANCE vs. PALILEO| G.R. No. 83432| May 20, 1991
DOUBLE SALE: In case of double sale of an immovable property, ownership
shall be transferred: (1) to the person acquiring it who in good faith first
recorded it in the Registry of Property; (2) in default thereof, to the person
who in good faith was first in possession; and (3) in default thereof, to the
person who presents the oldest title, provided there is good faith.
LANDS REGISTERED UNDER THE TORRENS SYSTEM: 51 of P.D. No.
1529 provides that the act of registration is the operative act to convey or
affect registered lands insofar as third persons are concerned. Thus, a person
dealing with registered land is not required to go behind the register to
determine the condition of the property. He is only charged with notice of the
burdens on the property which are noted on the face of the register or
certificate of title. Following this principle, the Court has time and again held
that a purchaser in good faith of registered land (covered by a Torrens Title)
acquires a good title as against all the transferees thereof whose right is not
recorded in the registry of deeds at the time of the sale.
LAND
REGISTRATION
MEANING OF
PHRASE "WITHOUT
PREJUDICE TO A THIRD PARTY WITH A BETTER RIGHT": Under Act
No. 3344, registration of instruments affecting unregistered lands is
"without prejudice to a third party with a better right." The phrase means that
the mere registration of a sale in ones favor does not give him any light
over the land if the vendor was not anymore the owner of the land having
previously sold the same to somebody else even if the earlier sale was
unrecorded.
Article 1644 of the Civil Code has no application to land not registered
under Act No. 496. Like in the case at bar, Carumba dealt with a double
sale of the same unregistered land. The first sale was made by the original
owners and was unrecorded while the second was an execution sale against
the said original owners. The Court held that Article 1544 of the Civil
Code cannot be invoked to benefit the purchaser at the execution
sale though the latter was a buyer in good faith and even if this
second sale was registered. It was explained that this is because the
purchaser of unregistered land at a sheriff s execution sale only steps into
**Art. 1544. If the same thing should have been sold to different vendees, the
ownership shall be transferred to the person who may have first taken
possession thereof in good faith, if it should be movable property.
Should it be immovable property, the ownership shall belong to the person
acquiring it who in good faith first recorded it in the Registry of Property.
Should there be no inscription, the ownership shall pertain to the person
who in good faith was first in the possession; and, in the absence thereof, to the
person who presents the oldest title, provided there is good faith. (1473)
the shoes of the judgment debtor, and merely acquires the latters interest
in the property sold as of the time the property was levied upon.
MIRROR DOCTRINE: LUCENA vs. COURT OF APPEALS | G.R. No. 77468 |
August 25, 1999
GENERAL RULE: A purchaser may be considered a purchaser in good faith
when he has examined the latest certificate of title.
EXCEPTION: When there exist important facts that would create suspicion in
an otherwise reasonable man to go beyond the present title and to investigate
those that preceded it. Thus, it has been said that a person who deliberately
ignores a significant fact which would create suspicion in an otherwise
reasonable man is not an innocent purchaser for value. If the buyer fails to
take the ordinary precautions which a prudent man would have taken under
the circumstances, specially in buying a piece of land in the actual, visible and
public possession of another person, other than the vendor, constitutes gross
negligence amounting to bad faith.
Where, the land sold is in the possession of a person other than the vendor,
the purchaser is required to go beyond the certificate of title to make inquiries
concerning the rights of the actual possessor. Failure to do so would make him
purchaser in bad faith.
LEASE
**Art. 1649. The lessee cannot assign the lease without the consent of the
lessor, unless there is a stipulation to the contrary. (n)
BANGAYAN vs. COURT OF APPEALS| G.R. No. 123581| August 29, 1997
CASE AT BAR: Article 1311 of the Civil Code provides that "contracts take
effect only between the parties, their assigns and heirs, except in case where
the rights and obligations arising from the contract are not transmissible by
their nature, or by stipulation or by provision of law. Paragraphs 4 and 5 of
the lease contract reveal the intent of the parties to limit their lease
relationship to themselves alone. Paragraph 4 provides that "the leased
premises shall be used exclusively by her," referring to the late Teofista
Ocampo. Paragraph 5 prohibits Ocampo from directly or indirectly assigning,
transferring or conveying her right of lease over the leased premises or any
portion thereof under any circumstances whatsoever.
Ocampo's right of first option to buy the leased property in case of its sale
is but part of the right to lease said property from Lingat. The option was
given to Ocampo because she was the lessee of the subject property. It was a
component of the consideration of the lease. The option was by no means
an independent right which can be exercised by Ocampo. If Ocampo is
barred by the contract from assigning her right to lease the subject property
to any other party, she is similarly barred from assigning her first option to
buy the leased property.
*Art. 1652. The sublessee is subsidiarily liable to the lessor for any rent due
from the lessee. However, the sublessee shall not be responsible beyond the
amount of rent due from him, in accordance with the terms of the sublease, at
the time of the extrajudicial demand by the lessor.
secure the premises; hence, it should not be held liable for the loss suffered by
Sps. Mamaril.
***Art. 1670. If at the end of the contract the lessee should continue enjoying
the thing leased for fifteen days with the acquiescence of the lessor, and unless a
notice to the contrary by either party has previously been given, it is understood
that there is an implied new lease, not for the period of the original contract, but
for the time established in Articles 1682 and 1687. The other terms of the
original contract shall be revived. (1566a)
CHUA vs. COURT OF APPEALS | G.R. No. 106573| March 27, 1995
CASE AT BAR: The contract provides that if "no written notice is received
from LESSEE of its intention to renew the contract," the contract terminates
at the end of the lease period. It is also stipulated therein that upon
termination of the period of lease and "unless LESSEE has indicated its
intention to renew the contract," the lessee has to surrender the leased
premises to the lessor. The notice must be given 30 days before the expiration
of the lease period, which was on August 30, 1989. The notice to renew dated
August 18, 1989 sent by petitioner and received by the lessor on August 22,
1989.
There is a difference between a waiver of the right to enforce a condition
stipulated in the contract and a waiver of the stipulation itself. The renewals
of the lease contract, in spite of the lack of or tardiness in giving the written
notices, were mere acts of tolerance on the part of the lessor.
NOTICE TO VACATE: Assuming that the provision Article 1670 is applicable
to petitioner's case, still that law does not require that the notice to vacate be
given before the lease expires. The notice required under said provision is
the one given after the expiration of the lease period for the purpose of
aborting an implied renewal of the lease.
PAROL EVIDENCE INADMISSIBLE: There being no ambiguity in the
applicable provision of the lease contract, there is no basis to allow oral
testimony whether under the Statute of Frauds or the Parol Evidence Rule, to
prove that petitioner was given verbal assurance of a renewal of the lease and
"first priority to buy in case of sale of the leased premises.
SAMELO vs. MANOTOK SERVICES | G.R. No. 170509| June 27, 2012
IMPLIED NEW LEASE: An implied new lease or tacita reconduccion will set
in when the following requisites are found to exist: a) the term of the original
contract of lease has expired; b) the lessor has not given the lessee a notice to
vacate; and c) the lessee continued enjoying the thing leased for fifteen days
with the acquiescence of the lessor.
NOTICE TO VACATE: Constitutes an express act on the part of the lessor
that it no longer consents to the continued occupation by the lessee of its
property. After such notice, the lessees right to continue in possession ceases
and her possession becomes one of detainer.
ARTICLE 1687 provides: If the period for the lease has not been fixed, it is
understood to be from year to year, if the rent agreed upon is annual; from
month to month, if it is monthly; from week to week, if the rent is weekly; and
from day to day, if the rent is to be paid daily.
CASE AT BAR: Since the rent was paid on a monthly basis, the period of
lease is considered to be from month to month. A lease from month to month
is considered to be one with a definite period which expires at the end of each
month upon a demand to vacate by the lessor. When the respondent sent a
notice to vacate to the petitioner, the tacita reconduccion was aborted, and
the contract is deemed to have expired at the end of that month.