What is Civil Law?
thereby committed for which the wrongdoer must be held
When shall laws take effect?
Laws shall take effect after fifteen days following the
completion of their publication either in the Official Gazette, or
in a newspaper of general circulation in the Philippines, unless
it is otherwise provided
Laws that do not require publication requirement
1. Municipal Ordinances (governed by the Local Government
Code);
2. Rules and regulations which are internal in nature;
3. Letters of Instruction issued by administrative supervisors on
internal rules and guidelines;
4. Interpretative regulations regulating only the personnel of
administrative agency.
Doctrine of Processual Presumption
When the proper foreign law has not been properly proved, the
court of the forum may presume that said foreign law is the
same as the law of the forum that said court can now apply. It
applies when the foreign law is not alleged or if alleged, it is not
proved.
Mistake of law
Want of knowledge or acquaintance with the laws of the
land insofar as they apply to the act, relation, duty, or
matter under consideration.
Mistake of fact
Want of knowledge of some fact or facts constituting or
relating to the subject matter on hand
Nationality principle
Laws relating to family rights and duties or to the status,
condition, and legal capacity of persons are binding upon
citizens of the Philippines, even though living abroad
Domiciliary theory
The individual’s private rights, condition, status, and
capacity are determined by the law of his domicile. It is
adopted mostly by common law countries with population
consisting of different nationalities. Their unity may be
achieved by adopting the law of their domicile.
Lex rei sitae- Real property as well as personal property is
subject to the law of the country where it is situated
Lex loci celebrationis- 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
Renvoi doctrine
A procedure whereby a jural matter presented is referred by
the conflict of laws rules of the forum to a foreign state,
the conflict of laws rules of which in turn refers the matter
back to the law of the forum (remission) or a third state
(transmission)
Transmission
It is the process of applying the law of a foreign state
through the law of a second foreign state. Not the same
as renvoi, Renvoi involves two laws while transmission
involves three laws
Abuse of rights
A right, though by itself legal because recognized or
granted by law as such, may become the source of
some illegality. When a right is exercised in a manner
which does not conform to the norms enshrined in Art. 19
and results in damage to another, a legal wrong is
responsible. This principle is based upon the famous
maxim summum jus summa injuria (the abuse of a right
is the greatest possible wrong)
Elements of abuse of rights
1. There is a Legal right or duty;
2. Such duty is exercised in Bad faith;
3. It is for the sole intent of Prejudicing or injuring
another;
4. The Absence of good faith is essential to abuse of right
Principle of damnum absque injuria
It means damage without injury. One who merely
exercises one’s rights does no actionable injury and
cannot be held liable for damages
Contra Bonus Mores
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
(NCC, Art. 21). It fills countless gaps in the statutes,
which leave so many victims of moral wrongs helpless,
even though they suffered material and moral damages
Elements of an action under Art. 21
1. There is an act which is legal;
2. Such act is contrary to morals, good customs, public
order or policy;
3. It is done with intent to injure.
Kinds of Persons- Natural and Juridical
Juridical Capacity- fitness to be the subject of legal relations
Capacity to act- power to do acts with legal effects
Civil personality- It is merely the external manifestation of
either juridical capacity or capacity to act. Consequently, it may
be defined as the aptitude of being the subject of rights and
obligations
Restrictions on capacity to act- Minority, Insanity, Deaf-
mute, Imbecility,Prodigality, Civil Interdictioni
Complete delivery- It means the cutting of the umbilical cord
from the mother’s womb.
Rights of the conceived child- right to Support, to receive
Donations, to be Acknowledged
Kinds of Juridical Persons
1.The State and its political subdivisions; .
2.Other corporations, institutions and entities for public
interest or purpose, created by law; their personality
begins as soon as they have been constituted according
to law;
3.Corporations, partnerships and associations for private
interest or purpose to which the law grants a juridical
personality, separate and distinct from that of each
shareholder, partner or member
Residence- is a place of abode, whether permanent or
temporary.
Domicile- denotes a fixed permanent place to which, when
absent, one has the intention of returning
What is marriage?
A special contract of permanent union between a man and a
woman entered into in accordance with law for the
establishment of conjugal and family life. It is the foundation of
the family and an inviolable social institution whose nature,
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consequences, and incidents are governed by law and not
subject to stipulation, except that marriage settlements may fix
the property relations during the marriage within the limits
provided by the Family Code
Essential requisites of a valid marriage- Legal capacity,
Consent freely given
Formal requisites of a valid marriage- Marriage ceremony,
Authority of the solemnizing officer, Valid marriage license,
except in a marriage of exceptional character
Persons authorized to solemnize marriage
 Incumbent judicial member
 Priest, rabbi, imam or minister of any church/religious
sect
 Consul general
 Mayors
 Ship captain or airplane chief
 Military commander
Marriage certificate – best evidence of the existence of the
marriage
Marriage license- - A marriage license is required in order to
notify the public that two persons are about to be united in
matrimony and that anyone who is aware or has knowledge of
any impediment to the union of the two shall make it known to
the local civil registrar.
Psychological incapacity- Psychological incapacity is “no
less than a mental (not physical) incapacity that causes a
party to be truly (cognitive) of the basic marital covenants
that concomitantly must be assumed and discharged by
the parties to the marriage which include their mutual
obligations to live together, observe love, respect, fidelity,
and to render help and support”
Requisites of Psychological Incapacity- Juridical
antecedence, Gravity, Permanence or incurability
Guidelines set by the Court to aid in its disposition of
cases involving psychological incapacity
 Burden of proof to show the nullity of the
marriage belongs to the plaintiff;
 The root cause of the psychological incapacity
must be: (a) medically or clinically identified, (b)
alleged in the complaint, (c) sufficiently proven by
experts and (d) clearly explained in the decision;
 The incapacity must be proven to be existing at
“the time of the celebration” of the marriage;
 Such incapacity must also be shown to be
medically or clinically permanent or incurable;
 Such illness must be grave enough to bring about
the disability of the party to assume the essential
obligations of marriage;
 The essential marital obligations must be those
embraced by Arts. 68 up to 71 of the FC as
regards the husband and wife, as well as Arts.
220, 221 and 225 of the same Code in regard to
parents and their children. Such non-complied
marital obligation(s) must also be stated in the
petition, proven by evidence and included in the
text of the decision;
 Interpretations given by the National Appellate
Matrimonial Tribunal of the Catholic Church in the
Philippines, while not controlling or decisive,
should be given great respect by our courts;
 The trial court must order the prosecuting
attorney or fiscal and the Solicitor General to
appear as counsel for the state. No decision shall
be handed down unless the Solicitor General
issues a certification, which will be quoted in the
decision, briefly stating therein his reasons for his
agreement or opposition, as the case may be, to
the petition
What are incestuous marriage?
 Between ascendants and descendants of any
degree;
 Between brothers and sisters whether of the full
or half-blood
What is a bigamous marriage?
When a person contracts a second or subsequent marriage
before the former marriage has been legally dissolved, or
before the absent spouse has been declared presumptively
dead by means of judgment rendered in the proper
proceedings
Requisites for issuance of judicial declaration of
presumptive death
 That the absent spouse has been missing for
four consecutive years, or two consecutive years
if the disappearance occurred where there is
danger of death under the circumstances laid
down in Article 391 of the New Civil Code;
 That the present spouse wishes to remarry;
 That the present spouse has well-founded belief
that the absentee is dead;
 That the present spouse files a summary
proceeding for the declaration of presumptive
death of the absentee
What are the grounds for legal separation? (10) Art 55
Grounds for denial of petition for legal separation
 Condonation of the act complained of;
 Consent to the commission of the offense/act;
 Connivance in the commission of the act;
 Collusion in the procurement of decree of LS;
 Mutual Guilt;
 Prescription: 5 yrs from occurrence of cause;
 Death of either party during the pendency of the case
(Lapuz-Sy v. Eufemio, G.R. No. L-31429, January 31,
1972);
 Reconciliation of the spouses during the pendency of
the case (FC, Art. 56).
Rights and obligations of the spouses – Live together,
Observe mutual love, respect, fidelity and Render mutual help
and support
Requisites of a valid marriage settlement- in Writing, Signed
by the parties, Executed before the celebration of marriage,
Registration
Absolute Community Property- A property regime wherein
the spouses are considered co-owners of all property
brought into the marriage, as well as those acquired
during the marriage, which are not otherwise excluded
from the community either by the provisions of the Family
Code or by the marriage settlement
Conjugal Partnership of Gains- It is the property relation
formed by the husband and the wife by placing in a common
fund: (FC, Art. 106) 1. The proceeds, product, fruits and
income of their separate properties; 2. Those acquired by
either or both of them through: a. Effort; b. Chance.
Properties excluded in the absolute community
 Property acquired during the marriage by
gratuitous title and its fruits as well as income
thereof unless the grantor expressly provide they
shall form part of the community property;
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  Property for personal and exclusive use of either
spouse but jewelleries shall form part of the ACP
because of their monetary value;
 Property acquired before the marriage by one
with legitimate descendants by former marriage
and its fruits and income, if any;
 Those excluded by the marriage settlement
How is conjugal partnership terminated?
 Death of either spouse
 Legal separation
 Annulment or declaration of nullity
 Judicial separation of property during marriage
Family relations
 Between husband and wife
 Between parents and children
 Among other ascendants and descendants
 Among brothers and sisters, whether full or half-
blood
Beneficiaries of a Family Home
1. They must be among the relationships enumerated in Art.
154 of the Family Code;
2. They live in the FH; and
3. They are dependent for legal support upon the head of the
family.
Requisites to be considered as beneficiary
They must be among the relationships enumerated in Art. 154
of the Family Code;
2. They live in the FH; and
3. They are dependent for legal support upon the head of the
family.
Paternity- the civil status of a father with regard to the child.
Filiation- the civil status of a child with regard to his parents.
Legitimate children- One who is conceived OR born during
the marriage of the parents
Rights of a legitimate children
1. To bear the surname of the father and the mother;
2. To receive support from their parents, their ascendants, and
in proper cases, their brothers and sisters;
3. To be entitled to the legitimate and other successional rights
granted to them by Art. 174 of the Family Code.
Illegitimate children
1. Children conceived and born outside a valid marriage:
2. Children born of couples who are not legally married or of
common law marriages;
3. Children born of incestuous marriage;
4. Children born of bigamous marriage;
5. Children born of adulterous relations between parents;
6. Children born of marriages which are void for reasons of
public policy under Art. 38, Family Code;
7. Children born of couples below 18
8. Children born of void marriages under art. 35, except where
the marriage is void for lack of authority on the part of the
solemnizing officer, but the parties or either of them believed in
good faith that the solemnizing officer had authority, in which
case the marriage will be considered valid and the children will
be considered legitimate.
Rights of an illegitimate children
1. They shall use the surname of the mother;
2. They shall be under the parental authority of the mother;
3. They shall be entitled to support in conformity with the FC,
PROVIDED, only as to the separate property of the parent
4. They shall be entitled to a legitime which shall consist of ½
of the legitime of a legitimate child (FC, Art. 176).
Legitimated Children- Legitimated children are those who,
because of the subsequent marriage of their parents to each
other, are by legal fiction considered legitimate.
Requisites of legitimation-
1. Child must have been conceived and born outside of
wedlock;
2. Child’s parents, at the time of former’s conception, were not
disqualified by any impediment to marry each other or were so
disqualified only because either or both of them were below
eighteen (18) years of age;
3. The subsequent valid marriage of the parents.
Adoption- is the process of making a child, whether related or
not to the adopter, possess in general, the rights accorded to a
legitimate child. It is a juridical act, a proceeding in rem which
creates between two persons a relationship similar to that
which results from legitimate paternity and filiation. The
modern trend is to consider adoption not merely as an act to
establish a relationship of paternity and filiation, but also as an
act which endows the child with a legitimate status (
Emancipation- It is the release of a person from parental
authority whereby he becomes capacitated for civil life.
Property- All things which are or may be the object of
appropriation considered as either real or personal property
Movable property
1. Movables Susceptible of appropriation which are not
included in Art. 415;
2. Real property which by any Special provision of law
considers as personalty;
e.g. growing crops under the Chattel Mortgage Law
3. Forces of nature which are brought under the control of
science ; e.g. electricity generated by electric powers, solar
light for batteries power.
4. In general, all things which can be Transported from place to
place without impairment of the real property to which they are
fixed (NCC, Art. 416);
5. Obligations and actions which have for their object movables
or demandable sums; and
6. Shares of stock of agricultural, commercial and industrial
entities, although they have real estate
Public dominion- It means ownership by the public in general.
It may also mean properties or things held by the State by
regalian right.
Kinds of public dominion
1. For public Use;
2. Intended for public Service and not for public use; and
3. For the Development of the national wealth (NCC, Art. 420)
Kinds of ownership
1. Full ownership – Includes all the rights of an owner;
NOTE: Naked ownership + Usufruct
2. Naked ownership – Ownership where the rights to the use
and to the fruits have been denied;
NOTE: Full ownership – Usufruct
3. Sole ownership – Ownership is vested in only one person;
4. Co-ownership– Ownership is vested in 2 or more persons.
There is Unity of the property, and plurality of the subjects.
Attributes of ownership
1. Right to enjoy (jus utendi)
2. Right to the fruits (jus fruendi)
3. Right to abuse (jus abutendi)
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4. Right to dispose (jus dispodendi)
5. Right to recover (jus vindicandi)
6. Right to accessories (jus accessiones)
7. Right to possess (jus possidendi)
Hidden Treasure- By treasure is understood, for legal
purposes, any hidden and unknown deposit of money, jewelry,
or other precious objects, the lawful ownership of which does
not appear
Accession - The right pertaining to the owner of a thing over
everything which is produced thereby, or which is incorporated
or attached thereto, either naturally or artificially
Pratus sequitur ventrem- offspring follows the mother
Accretion is the process whereby the soil is deposited while
Alluvium alluvium is the soil deposited.
Alluvion - It is the gradual deposit of sediment by natural
action of a current of fresh water (not sea water), the original
identity of the deposit being lost. Where it is by sea water, it
belongs to the State
Adjunction- It is the process by virtue of which two movable
things belonging to different owners are united in such a way
that they form a single object and each of the things united
preserves its own nature
Requisites of adjunction-
1. 2 movables;
2. Belonging to different owners;
3. United forming a single object; and
4. Separation would impair their nature or result in substantial
injury to either thing.
Specification- It is the giving of new form to another’s material
through application of labor. The material undergoes a
transformation or change of identity. The labor is the principal
and the material used is the accessory.
Mixture- It is the combination of materials where the
respective identities of the component elements are lost either
voluntarily or by chance
Kinds of Mixtures
1. Commixtion – mixture of solids
2. Confusion – mixture of liquids
Quieting of title
Co-ownership- There is co-ownership whenever the
ownership of an undivided thing or right belongs to different
persons (NCC, Art. 484). It is the right of common dominion
which two or more persons have in a spiritual (or ideal) part of
the thing which is not physically divided.
Alteration
It is a change which is more or less permanent, which
changes the use of the thing and which prejudices the
condition of the thing or its enjoyment by the others
Conversion
It is the act of using or disposing of another’s property
without lawful authority to do so in a manner different
from that with which a property is held by the trustees to
whom the owner had entrusted the same. It is not
necessary that the use for which the property is given be
directly to the advantage of the person misappropriating or
converting the property of another.
Extinguishment of co-ownership
1. Consolidation or merger in one co-owner;
2. Acquisitive prescription in favor of a third person or a co-
owner who repudiates;
3. Loss or destruction of thing co-owned;
4. Sale of thing co-owned;
5. Termination of period agreed upon;
6. Expropriation;
7. Judicial or extra-judicial Partition.
Possession- It is the holding of a thing or the enjoyment of a
right
Possessor in good faith- A possessor is in good faith when
he is not aware that there exists in his title or mode of
acquisition any flaw which invalidates it
Possessor in bad faith- A possessor in bad faith is one who
is aware that there exists in his title or mode of acquisition any
flaw which invalidates it. Only personal knowledge of the flaw
in one’s title or mode of acquisition can make him a possessor
in bad faith.
Requisites to constitute possession whether in good faith
or in bad faith-
1. Possessor has a title/mode of acquisition;
2. There is a flaw or defect in said title/mode;
3. The possessor is aware or unaware of the flaw or defect.
Usufruct- Usufruct is the right of a person called usufructuary,
to enjoy the property of another called the owner, with the
obligation of returning it at the designated time and preserving
its form and substance, unless the title constituting it or the law
provides otherwise
Modes of acquiring ownership
1. Occupation
2. Law
3. Donation
4. Tradition
5. Intellectual creation
6. Prescription
7. Succession
Occupation- Occupation is the acquisition of ownership by
seizing corporeal thing that have no owner, made with the
intention of acquiring them, and accomplished according to
legal rules
Requisites of occupation
1. There must be Seizure of a thing,
2. Which must be a Corporeal personal property,
3. Which must be Susceptible of appropriation by nature,
4. The thing must be Without an owner, and
5. There must be an Intention to appropriate.
Just title- It means that the possessor obtained the
possession of the property through one of the modes
recognized by law for acquiring ownership but the transferor or
grantor was not the owner of the property or he has no power
to transmit the right
True title- One which actually exists and is not just a
pretended one.
Valid title- A title which is sufficient to transmit ownership of
the property or right being conveyed had the transferor or
grantor been the real owner thereof.
Succession- mode of acquisition by virtue of which the
property, rights and obligations to the extent of the value of the
inheritance, of a person are transmitted through his death to
another or others either by his will or by operation of law
Inheritance-all property, rights and obligations of a person
which are not extinguished by his death
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Decedent- person whose property is transmitted through
succession, whether or not he left a will. He is also called the
testator
Kinds of succession
a. Testamentary Succession - that which results from the
designation of an heir, made in a will executed in the form
prescribed by law (NCC, Art. 779).
b. Legal or Intestate Succession - that which takes place if a
person dies without a will, or with a void will, or one which has
subsequently lost its validity.
c. Mixed Succession - that effected partly by will and partly by
operation of law (NCC, Art. 780).
Devisee- persons to whom gifts of real property are given by
virtue of a will
Legatee-
persons to whom gifts of personal property are given by virtue
of a will
Will- is an act whereby a person is permitted, with the
formalities prescribed by law, to control to a certain degree the
disposition of his estate, to take effect after his death (
Requisites of testamentary capacity
1. All persons not expressly prohibited by law (NCC, Art. 796)
2. At least 18 years of age; (NCC, Art. 797) and
3. Of sound mind (NCC, Art. 798)
Holographic wills- is one entirely written, dated, and signed
by the hand of the testator himself. It is subject to no other
form, and may be made in or out of the Philippines, and need
not be witnessed
Codicils- is a supplement or addition to a will, made after the
execution of a will and annexed to be taken as part thereof, by
which any disposition made in the original will is explained,
added to, or altered
Modes of revoking a will-
1. By implication of law;
2. By some will, codicil, or other writing executed as provided
in case of wills; or
3. By physical destruction through burning, cancelation or
obliteration (NCC, Art. 830).
Requisites of revocation by subsequent will or codicil
1. The subsequent instrument must comply with the formal
requirements of a will;
2. The testator must possess testamentary capacity;
3. The subsequent instrument must either contain a revocatory
clause or be incompatible with the prior will (totally or partially);
and
4. The revoking will must be admitted to probate.
Requisites of revocation by physical act of destruction
1. Overt act of physical destruction;
2. Testamentary capacity of the testator at the time of
performing the act of revocation;
3. Animus Revocandi - intention to revoke;
4. Performed by testator himself or other person in the
presence and express direction of the testator.
Grounds for denying a probate
1. The Formalities required by law have not been complied
with;
2. The testator was Insane or otherwise mentally incapable of
making a will, at the time of its execution;
3. The will was executed through Force or under duress, or
influence of fear or threats;
4. The will was procured by Undue and improper pressure and
influence, on the part of the beneficiary or some other person;
5. The Signature of testator was procured by fraud.
6. The testator acted by Mistake or did not intend that the
instrument he signed should be his will at the time of affixing
his signature thereto (NCC, Art. 839)
Preterition- is the omission in testator’s will of one, some or all
of the compulsory heirs in the direct line, whether living at the
time of execution of the will or born after the death of the
testator
Requisites of preterition
1. There is a total omission in the inheritance;
3. The person omitted is a compulsory heir in the direct line;
4. The omitted compulsory heir must survive the testator, or in
case the compulsory heir predeceased the testator, there is a
right of representation;
5. Nothing must have been received by the heir by gratuitous
title.
Fideicommissary substitution-
It is a substitution by virtue of which the fiduciary or first heir
instituted is entrusted with the obligation to preserve and to
transmit to a second heir the whole or part of the inheritance. It
shall be valid provided such substitution does not go beyond
one degree from the heir originally instituted, and provided
further, that the fiduciary or first heir and the second heir are
living at the time of the death of the testator (NCC, Art. 863).
Legitime- is that part of the testator's property which he cannot
dispose of because the law has reserved it for certain heirs
who are, therefore, called compulsory heirs.
Collation- is the process of adding the value of the thing
donated to the net value of hereditary estate.
Disinheritance- is the process or act, thru a testamentary
disposition of depriving a compulsory heir of his legitime for
causes expressly stated by law
Requisites of a valid disinheritance
1. Made in a valid will
2. Identity of the heir is clearly established
3. For a legal cause
4. Expressly made
5. Cause stated in the will
6. Absolute or unconditional
7. Total
8. Cause must be true and if challenged by the heir, it must be
proved to be true.
Persons incapacitated to succeed by reason of
unworthiness
Legal or intestate succession- is that which is effected by
operation of law in default of a will.
Partition- is the separation, division and assignment of a thing
held in common among those to whom it may belong. The
thing itself may be divided or its value
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