CIVIL LAW I TIPS FOR FINALS

1. Effect of Nullity of Marriage. Know the status of the children.

 Art. 54. Children conceived or born before the judgment of annulment or absolute
nullity of the marriage under Article 36 has become final and executory shall be
considered legitimate. Children conceived or born of the subsequent marriage
under Article 53 shall likewise be legitimate.
 Art. 36. A marriage contracted by any party who, at the time of the
celebration, was psychologically incapacitated to comply with the essential
marital obligations of marriage, shall likewise be void even if such
incapacity becomes manifest only after its solemnization.
 Art. 43. The termination of the subsequent marriage referred to in the preceding
Article shall produce the following effects:
(1) The children of the subsequent marriage conceived prior to its termination
shall be considered legitimate;
(2) The absolute community of property or the conjugal partnership, as the case
may be, shall be dissolved and liquidated, but if either spouse contracted said
marriage in bad faith, his or her share of the net profits of the community property
or conjugal partnership property shall be forfeited in favor of the common
children or, if there are none, the children of the guilty spouse by a previous
marriage or in default of children, the innocent spouse;
(3) Donations by reason of marriage shall remain valid, except that if the donee
contracted the marriage in bad faith, such donations made to said donee are
revoked by operation of law;
(4) The innocent spouse may revoke the designation of the other spouse who
acted in bad faith as beneficiary in any insurance policy, even if such designation
be stipulated as irrevocable; and
(5) The spouse who contracted the subsequent marriage in bad faith shall be
disqualified to inherit from the innocent spouse by testate and intestate
succession.

2. Presumptive death. H or W acted in BF, will she be disinherited?

 Presumption of Death:
a. Absence for 7 years, it being unknown whether or not the absentee still lives,
he shall be presumed dead for all purposes, except for succession;
b. Absence for 10 years, for purpose of opening his succession;
c. If he disappeared after the age of 75yrs, and absence of 5yrs shall be sufficient
to open his succession;
d. Absence of 4 years shall be enough for division of the estate among heirs:
- A person on board a vessel lost during a sea voyage, or an aeroplane which
is missing, who has not been heard of for four years since the loss of the
vessel or aeroplane;
- A person in the armed forces who has taken part in war, and has been
missing for four years;
- A person who has been in danger of death under other circumstances and
his existence has not been known for four years.
 Art. 921. The following shall be sufficient causes for disinheriting a spouse:
 (1) When the spouse has been convicted of an attempt against the life of the
testator, his or her descendants, or ascendants;
(2) When the spouse has accused the testator of a crime for which the law
prescribes imprisonment of six years or more, and the accusation has been found
to be false;
(3) When the spouse by fraud, violence, intimidation, or undue influence cause
the testator to make a will or to change one already made;
(4) When the spouse has given cause for legal separation;
(5) When the spouse has given grounds for the loss of parental authority;
(6) Unjustifiable refusal to support the children or the other spouse.
 Art. 916. Disinheritance can be effected only through a will wherein the legal cause
therefor shall be specified.
 Art. 918. Disinheritance without a specification of the cause, or for a cause the
truth of which, if contradicted, is not proved, or which is not one of those set forth
in this Code, shall annul the institution of heirs insofar as it may prejudice the
person disinherited; but the devises and legacies and other testamentary
dispositions shall be valid to such extent as will not impair the legitime.
The disinherited spouse may he represented by her children.

3. In co-ownership, a co-owner cannot sell her undivided share unless her share is already
identifiable. A sale made by a co-owner of her undivided and unidentifiable share is void.
Thus, another co-owner of the property may exercise her right of redemption as a co-
owner upon payment of just compensation.
 Art. 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.

Right of redemption – if there is no period agreed upon the right of redemption shall be
for a period of 4 years. If there is an agreement, should not exceed 10 years. The reckoning
period shall start from the notice or knowledge and not from the filing of the petition. A
person may exercise her right of redemption within the period prescribed by law.

4. Donation in relation to GF & BF. Under the law, a donation may be revoked by the donor
if the donee fails to fulfill any of the conditions stipulated in the deed of donation. The
donor has four (4) years to do this, to be reckoned from the time the donee neglected
satisfying the condition/s stated in the donation.
 Art. 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.

5. Necessary and useful expenses shall be refunded to possessor in GF with right of

retention. However, if possessor is in BF, only necessary expenses shall be refunded
without right of retention. The rightful owner shall also pay the increase in the value of
the thing to possessor in GF.

Luxury expenses shall not be refunded to possessor in GF and BF. However, the possessor
in GF may remove the ornaments he has embellished if the principal thing will suffer no
injury.
 Art. 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 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.

 Art. 548. Expenses for pure luxury or mere pleasure shall not be refunded to the
possessor in good faith; but he may remove the ornaments with which he has
embellished the principal thing if it suffers no injury thereby, and if his successor
in the possession does not prefer to refund the amount expended.

6. Easement of right of way.

 Art. 649. The owner, or any person who by virtue of a real right may cultivate or
use any immovable, which is surrounded by other immovables pertaining to other
persons and without adequate outlet to a public highway, is entitled to demand a
right of way through the neighboring estates, after payment of the proper
indemnity.

Should this easement be established in such a manner that its use may be
continuous for all the needs of the dominant estate, establishing a permanent
passage, the indemnity shall consist of the value of the land occupied and the
amount of the damage caused to the servient estate.

In case the right of way is limited to the necessary passage for the cultivation of
the estate surrounded by others and for the gathering of its crops through the
servient estate without a permanent way, the indemnity shall consist in the
payment of the damage caused by such encumbrance.

This easement is not compulsory if the isolation of the immovable is due to the
proprietor's own acts.

REQUISITES FOR THE EASEMENT

 1. The property is surrounded by estate of others and there is no adequate outlet to a
public highway
2. It must 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
3. There must be payment of the proper indemnity
4. The isolation should not be due to the proprietor’s own acts

PROPER INDEMNITY
1. If the passage is permanent, pay the value of the land occupied by the path plus
damages
2. If temporary, pay for the damages caused

OWNERSHIP OF, REPAIRS AND TAXES ON, THE PATH

1. Even though permanent, the path belongs to the servient estate, and he pays all the
taxes
2. But the dominant estate—
a. Should pay for repairs
b. Should pay proportionate share of taxes to the servient estate

CAUSES FOR EXTINGUISHMENT OF THE EASEMENT OF RIGHT OF WAY (not automatic)

1. Opening of a new road
2. Joining the dominant estate to another

7. Reserva Troncal. The propositus (one who first inherited), must acquire property by
gratuitous title. Also, the reservoir (2nd inheritor), must acquire the property by operation
of law. The reservoir owns the property only till he dies, and at his death, it should not go
to anybody whom he desires, but is reserved by the law in favor of the relatives of the
origin (original owner). In other words, the property shall be in favor of the line from
which the property came. These relatives must be within the 3 rd degree, to be counted
from propositus.
Example:
M F

a. M and F are the parents of C. M died leaving a will, one provison of which gave a parcel
of land to C. 1 week later, C died without any descendant, and without any will. The father
F then inherited the land. This land is, however, subject to what is known as the reserva
troncal. This means that F owns it only till he dies, and at his death, it should not go to
anybody whom he desires, but is reserved by the law in favor of the relatives of M; in
other words, in favor of the line from which the property came. These relatives must be
within the 3rd degree, to be counted from C.
b. If in the problem, the property is claimed by a brother of F and by a brother of M, who
should get the property? ANS: Brother of M (origin)
  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.

8. Iron-Curtain Rule - illegitimate children cannot inherit ab intestato (no will) from the
legitimate children and relatives of his mother or father. Legitimate children and relatives
cannot inherit in the same way from the illegitimate child. The iron curtain rule only
applies in intestate succession. There is a barrier recognized by law between the
legitimate relatives and the illegitimate child so that one cannot inherit from the other
and vice-versa.
 Art. 992. An illegitimate child has no right to inherit ab intestato from the
legitimate children and relatives of his father or mother; nor shall such children or
relatives inherit in the same manner from the illegitimate child.

However, an illegitimate child may inherit from a legitimate descendant (aunt), provided
there is a will.

The legitimate son of a legitimate child may represent his legitimate father from
inheritance coming from legitimate relatives; however, an illegitimate child cannot
represent his father from inheritance coming from legitimate relatives.

If the father is an illegitimate, his descendants may represent him whether legitimate or
illegitimate.

9. Preterition. The institution of heirs shall be annulled, and shall open intestate succession.
However, it shall not prejudice the devisees and legacies insofar as they are not inofficous.
Born after the death of testator- omitted heir must already be conceived at the time of
death of the testator but was born only after the death of the testator.
 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 insofar as they are not inofficious.

If the omitted compulsory heirs should die before the testator, the institution shall
be effectual, without prejudice to the right of representation.
Requisites of Preterition:
1. There is a total omission in the inheritance;
2. The person omitted is a compulsory heir in the direct line;
3. The omitted compulsory heir must survive the testator, or in case the compulsory heir
predeceased the testator, there is a right of representation;
4. Nothing must have been received by the heir by gratuitous title. (e.g. if the testator
donated a property to the preterited heir during his lifetime, there is no preterition)
 Rights of preterited heirs:
They are entitled not only to their shares of the legitime but also to those of the free
portion which was not expressly disposed of by the testator by way of devises and
legacies.

10. Independent Action. Persons.

 Rule 111. Prosecution of Civil Action
 Section 2. When separate civil action is suspended. — After the
criminal action has been commenced, the separate civil action arising
therefrom cannot be instituted until final judgment has been entered in
the criminal action.

If the criminal action is filed after the said civil action has already been
instituted, the latter shall be suspended in whatever stage it may be found
before judgment on the merits. The suspension shall last until final
judgment is rendered in the criminal action. Nevertheless, before
judgment on the merits is rendered in the civil action, the same may, upon
motion of the offended party, be consolidated with the criminal action in
the court trying the criminal action. In case of consolidation, the evidence
already adduced in the civil action shall be deemed automatically
reproduced in the criminal action without prejudice to the right of the
prosecution to cross-examine the witnesses presented by the offended
party in the criminal case and of the parties to present additional evidence.
The consolidated criminal and civil actions shall be tried and decided
jointly.

During the pendency of the criminal action, the running of the period of
prescription of the civil action which cannot be instituted separately or
whose proceeding has been suspended shall be tolled. (n)

The extinction of the penal action does not carry with it extinction of the
civil action. However, the civil action based on delict shall be deemed
extinguished if there is a finding in a final judgment in the criminal action
that the act or omission from which the civil liability may arise did not exist.

 Section 3. When civil action may proceeded independently. — In the

cases provided for in Articles 32, 33, 34 and 2176 of the Civil Code of the
Philippines, the independent civil action may be brought by the offended
party. It shall proceed independently of the criminal action and shall
require only a preponderance of evidence. In no case, however, may the
offended party recover damages twice for the same act or omission
charged in the criminal action.
o Article 32. Any public officer or employee, or any private individual,
who directly or indirectly obstructs, defeats, violates or in any
manner impedes or impairs any of the following rights and liberties
of another person shall be liable to the latter for damages:
(1) Freedom of religion;
(2) Freedom of speech;
(3) Freedom to write for the press or to maintain a periodical
publication;
(4) Freedom from arbitrary or illegal detention;
(5) Freedom of suffrage;
(6) The right against deprivation of property without due process
of law;
(7) The right to a just compensation when private property is taken
for public use;
(8) The right to the equal protection of the laws;
(9) The right to be secure in one's person, house, papers, and
effects against unreasonable searches and seizures;
(10) The liberty of abode and of changing the same;
(11) The privacy of communication and correspondence;
(12) The right to become a member of associations or societies for
purposes not contrary to law;
(13) The right to take part in a peaceable assembly to petition the
Government for redress of grievances;
(14) The right to be a free from involuntary servitude in any form;
(15) The right of the accused against excessive bail;
(16) The right of the accused to be heard by himself and counsel,
to be informed of the nature and cause of the accusation against
him, to have a speedy and public trial, to meet the witnesses face
to face, and to have compulsory process to secure the attendance
of witness in his behalf;
(17) Freedom from being compelled to be a witness against one's
self, or from being forced to confess guilt, or from being induced by
a promise of immunity or reward to make such confession, except
when the person confessing becomes a State witness;
(18) Freedom from excessive fines, or cruel and unusual
punishment, unless the same is imposed or inflicted in accordance
with a statute which has not been judicially declared
unconstitutional; and
(19) Freedom of access to the courts.

In any of the cases referred to in this article, whether or not the

defendant's act or omission constitutes a criminal offense, the
aggrieved party has a right to commence an entirely separate and
distinct civil action for damages, and for other relief. Such civil
action shall proceed independently of any criminal prosecution (if
the latter be instituted), and may be proved by a preponderance of
evidence.

The indemnity shall include moral damages. Exemplary damages

may also be adjudicated.

The responsibility herein set forth is not demandable from a judge

unless his act or omission constitutes a violation of the Penal Code
or other penal statute.
o Article 33. In cases of defamation, fraud, and physical injuries a civil
action for damages, entirely separate and distinct from the criminal
action, may be brought by the injured party. Such civil action shall
proceed independently of the criminal prosecution, and shall
require only a preponderance of evidence.

o Article 34. When a member of a city or municipal police force

refuses or fails to render aid or protection to any person in case of
danger to life or property, such peace officer shall be primarily
liable for damages, and the city or municipality shall be subsidiarily
responsible therefor. The civil action herein recognized shall be
independent of any criminal proceedings, and a preponderance of
evidence shall suffice to support such action.

o Art. 2176. Whoever by act or omission causes damage to another,

there being fault or negligence, is obliged to pay for the damage
done. Such fault or negligence, if there is no pre-existing
contractual relation between the parties, is called a quasi-delict
and is governed by the provisions of this Chapter.