Professional Documents
Culture Documents
Marriage
The Supreme Court had laid down the guidelines for the interpretation and application of Article 36:
(a) Grave It must be grave or serious such that the party would be incapable of carrying out the ordinary
duties required in a marriage;
(b) Juridical Antecedence It must be rooted in the history of the party antedating the marriage, although the
overt manifestations may emerge only after the marriage; and
(c) Incurable and Permanent It must be incurable or, even if it were otherwise, the cure would be beyond
the means of the party involved.
OR
a) The burden of proof to show the nullity of the marriage belongs to the plaintiff. Any doubt should be
resolved in favor of the existence and continuation of the marriage and against its dissolution and nullity.
b) 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.
c)
The incapacity must be proven to be existing at the time of the celebration of the marriage.
d)
e) Such illness must be grave enough to bring about the disability of the party to assume essential
obligations of marriage.
f)
The essential marital obligations must be those embraced by Articles 68 up to 71 of the Family Code as
regards the husband and wife as well as Articles 220, 221, and 225 of the same Code in regard to parents and
their children.
g) 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.
h) 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.
Obligations
General Provisions Obligation to give to do not to do + Law contract, Quasi, Delict, Quasi Delict +
contracts= force of law
Nature and Effect
Give
Care: Good father of family
The very thing, fruits, accessions
Do
Not do
and accessories
Fruits time obligation to deliver
arises (merely personal; real right
when delivered)
Determinate/ indeterminate
- Specific or equivalent
performance / substitute
performance
Effect of delay, loss, & fortuitous
event
Kinds
1. Pure and Conditional (condition: future and uncertain event/ past event unknown to parties)
a. Immediately demandable: pure & resolutory
b. Suspensive potestative condition: fulfilment depnds upon sole will of debtor (ok lang if chance or
mixed)
c. Impossible, illegal, immoral = annul dependent obligation, but if divisible, that part rendered valid
must be sustained.
i. Provided this thing happens happening or impossibility of happening
ii. Provided this thing does not happen same
iii. Volutarily prevents fulfilment = constructive performance
d. Retractivity
e. Improvement, Loss, deterioration while performance is suspended (same with period)
i. Imporovement: creditor; debtor merley usufructuary
ii. Loss: with fault = damages, without fault = creditor, extinguished
iii. Deterioration: with fault = rescission/fulfilment+ damages, without fault = creditor
f. Rescissory/ Roslutory powers: attached to every reciprocal obligation
i. Fulfilment/rescission + damages
a.
2.
3.
4.
5.
6.
i. Legal C pays another creditor who is preferred even witout Ds knowledge. OR. Third
person pay with approval f debtor. Or any person interested in fulfilment of obligation
ii. Conventional all must consent
Contracts
Essential Requisites
- Meeting of minds between two parties whereby one binds himself to give or render service.
- Determination of performance maybe left to third person, but must be communicated to perties
- Autonomy, mutuality, relativity (stipulation pour autrui)
o Contracts without authority: unenforceable but ratifiable
- Induce to commit fraud in contracts = damages
- Real perfected by delivery
1. Consent meeting of minds an absolute acceptance of offer
a. Ineffective when acceptance was not communicated to person
2. Object certain (SM)
a. Licit, commerce of man, possible, determinate
3. Cause prestation
Form:
Public Document real rights, cession, repudiation, renunciation of inheritance, cog, power of administration,
exceeding 500 pesos
Reformation there is meeting of minds but true intention not expressed (mistake, fraud, inequitable conduct
of one of the parties). If no meeting of minds annulment.
- Kahit isa lang yung nagkamali tapos aware yugn isa, reformation. Except if hindi talag akayo nagagree.
- Not allowed in:
o DIV with no condition, Wills, real agreement is void.
o Party who seeks enforcement
Interpretation: obscurity will not benefit one who caused it. Moreover, if gratuitous (least transmission of
rights). If onerous (greatest reciprocity of interests). If principal object cannot be determined talaga as to not
point to any intention, void.
1.
2.
3.
4.
Rescissible
LESION +FRAUD
(1/4 value of object)
Remedy of last resort
Lesion
a. G-W
b. Representatives
Fraud of creditors,
cannot recover in any
way
Under litigation without
judicial authority
Payments made in state
of insolvency
Voidable
VITIATION OF
CONSENT
Unenforcable
UNAUTHORIZED
Void
NON-EXISTENT
1. ONE is incapable of
giving consent
2. Consent is vitiated
3. Drunkenness
4. Mistake (material),
violence, intimidation,
undue influence, fraud
a. Mistake
material
b. Violence
serious
1. Not authorized
2. Statute of frauds
3. BOTH are
incapable of giving
consent
irresistible force
Intimidation
fear of imminent
and grave evil
d. Undue influence
improper
advantage of
power over
anothers will
e. Fraud insidious
words or
machinations,
material
misrepresentatio
ns (causente)
i. Dolus bonus and
caveat emptor
5. Mutual error when
real purpose is
frustrated (di ba to
reformation?)
c.
Imprescriptible
If both are guilty, no
action against each
other but both shall be
criminally prosecuted
Rescissible
- Both parties must be able to restore what they have received. If not, this is not the proper remedy.
- If no reserved property to answer for debt to creditor, presumed to have been entered into in fraud of
creditors. Presumed onerous when writ of attachment has been issued
Voidable
- Restore what one may have received
- Incapacitated person not obliged to make substitution except in so far as he was befitted
- When the object is lost though fault of person who has the right to bring action, extinguished.
o Except if the other party is the incapacitated party
Unenforceable
- Statute of frauds: (unenforceable unless in writing and subscribed. Evidence cannot be recived without
writing) 5LA SIR! ratifiable by failure to object or by receiving benefits under them
1. Agreement to be performed 1 year from making
2. Lease longer than 1 year
Void
-
3. P500 or above sale un less partly or whole received or recorded in auction book
4. Special promise to answer for debt of another
5. In consideration of marriage
6. Representation as to credit
When one party gives consent, then voidable. If both, then validated.
If CRIMEL No action if both are guilty. Innocent party may claim what he has given.
If NOT CRIME: both at fault: no recovery or demand. If only one, then innocent party may recover
without need to comply with his obligation.
o Money paid for illegal purpose: may be repudiated before contract is accomplished/ damage
caused + recovery
o If one party to illegal contract is incapable of giving consent, then the court may allowe
recovery of thing delivered.
o Same with prohibited contractsand excess amounts received.
If possible, separate illegal terms from legal ones to give effect to contract.
TRUST
One whereby a party reposes confidence over his property to antoher for the benefit of antoher person.
Express trust on immovable: cannot be proved by parol evidence
Acceptance of beneficiary is necessary.Presumed if no onerous condition.
Implied trust: may be proved by parol evidence.
1. Property donated but done has no interest in property
2. property is sold, and as a result: legal estate is in one person but price paid by another for the purpose of
having beneficial interest (our arrangement over botika).
If trustee is child donation/ gift, not implied trust.
3. Price is paid by A for B, and conveyed to A: trust in favour of B.
4. Land passes to A but he casues it to be put under Bs name: trust in favour of A.
5. ABC buy property under As name. Trust for ABC.
6. Absolute conveyance of property to secure performance of obligation
7. Constructive trust:
a. Trustee uses trust funds to purchase property for him or another person trust in favour of owner
of funds.
b. TRUE CONSTRUCTIVE TRUST: Person obtains property thgough mistake or fraud trustee
for the benefit of person from whom propery comes
Sales
Deliver determinate things and transfer ownership for price or consideration in money /equivalent.
o The contract is perfected upon meeting of the minds as to the price and object certain. From this
moment, the obligation becomes reciprocally demandable.
o However, ownership of the thing shall be transferred upon actual or constructive delivery. Despite
delivery, it may also be that ownership does not transfer until price is paid in full (pactum reserve
dominii)
o DELIVERY transfers ownership. PAYMENT makes reciprocal obligation demandable.
EXECUTION OF CONTRACT evidences title. But until there is delivery, there is no transfer of
ownership. What does this imply?
Res perit domino Owner bears burden of loss.
In sales, after perfection, buyer bears risk of loss as exception to res perit
domino.jk
Delivery made to buy with express reservation of ownership: buyer bears risk of
loss.
Whoever is in delay bears risk of loss.
Remedies will depend on ownership if owner, then SP or rescission. Otherwise,
damages.
Elements:
o Consent
o Price or consideration + manner of payment gross inadequacy does not affect sale except when
it manifests defect in consent or it looks like a donation
Must be fixed and determinate/determinable.
INEFFICACIOUS if refusal to fix OR impossible to fix.
VOID if simulated. (maybe donation)
If fixed but bad faith, courts to fix price
Must always be agreed upon by both.
Issues: Instalment payments, Cash versus check payment
o Object licit, determinate or determinable, specific. Sale of generic things will not give rise to
ownership and will not terminate obligation
Ownership only at time of delivery. However, when ownership was never acquired or
authoried, tge buyer acquires no better title than seller, except also when there is estoppel.
When sellers title is merely voidable, buyer may acquire full title when at time
of sale: good faith, for value, no notice of defect in title.
VOID: illicit, vain hope,
6 month expiry:When the object is not at par/ less area than agreed upon: either ask for
specific performance, proportional price reduction , or rescission (but only when inferior
value exceed 1/10th or would not have bought property had he known
6 month expiry: What about lump sum sales (versus rate per unit) of real
property? Owner obliged to deliver all that is in boundaries/area agreed upon,
else: reduce price, rescission
Good faith: abstain from taking any unconscientious advantage of another as evidence by lack of NOTICE
of anothers title and payment of price. There must be showing of diligence (must be reasonably on guard.
Important in sales of registered land.
Parties:
o Capacity: all capacitated to contract. EXCEPTION
Husband and wife except when there is prenuptial or legal separation of property.
Guardians, agents, executors or administrators as to property under their guardianship, or
admisintration (agents may get conset of principal) RATIFIABLE
Public officer, all those involved in administration of justice (lawyers, judges, etc), as to
those properties in litigation or under their jurisdiction VOID
Delivery control. Execution of pulic instrument equivalent to delivery unless from the deed a contrary
intention appears. Applies to incorporeal property as well.
o Kinds: ACTUAL, CONSTRUCTIVE, QUASI-TRADITION, BY OPERATION OF LAW
symbolica (keys), longamanu (mere consent), brevi manu (possessor possession becomes
owner), constitutum possessarium (owner becomes possessor)
o There is execution of public instrument BUT no control by nedor: NO DELIVERY. No transfer of
ownership. Sale may be cancelled.
Special concepts
o Earnest money given as part of consideration, and proof of perfection (there is sale).
o Option Contract (preparatory) unilateral promise to buy and sell + price separate consideration
Rights - SELLER
Possessory lien
Stoppage in transit
Resale
rescind
Obli - Buyer
Accept
Pay
Rights - BUYER
Specific performance or
rescission with damages
If breach of warranty:
1. Accept + defense of
breach to decrease
price
2. Accept + breach
damages
3. Reject + breach
damages
4. Reject + rescission
Art. 1649. The lessee cannot assign the lease without the consent of the lessor, unless there is a
stipulation to the contrary. .
Art. 1650. When in the contract of lease of things there is no express prohibition, the lessee may
sublet the thing leased, in whole or in part, without prejudice to his responsibility for the
performance of the contract toward the lessor.
Liability of sublessor for rental payments: SUBSIDIARY. You have to secure JUDGMENT + RETURN
showing insolvency of lessee before you can collect from sub lessee.
o 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.
Payments of rent in advance by the sublessee shall be deemed not to have been made, so far as
the lessor's claim is concerned, unless said payments were effected in virtue of the custom of the
place.
Use of premises by sublessee limited to contractual stipulations of both lease and sublease.
The buyer of a land with a lease not registered in the Registry of property may terminate the lease . Right
cannot be exercised in bad faith. If sale is not registered, then buyer and contract are presumed fictitious.
Grounds for ejectment (PaVE U)
a. Expiry of period demand is NOT necessary unless the reason is TERMINATION.
i. Possession beyond expiry AND no notice to vacate implied new lease or TACITA
RECONDUCCION (expiry, no demand, 15D possession with acquiescence)
1. Expired, no notice to vacate, continued possession for at least 15 days with
acquiescence of lessor
2. Renewed period will depend upon manner of payment. When you receive notice
thereafter, then period will terminate after aid period.
3. Only the provisions germane to possession will be renewed. Right to purchase is
not germane to possession.
4. Demand to increase the rental if the parties cannot agree is equivalent to demand
to vacate premises
b. Payment failure there MUST be demand to vacate AND pay. If vacate OR pay no
ejectment.
c. Violation of lease contract look at contract. If contract says you dont need to go to court, then
we follow that.
d. Devotes to another use leading to deterioration
e. No due diligence
A lessee can NEVER be a builder in good faith. Knowledge that possession is merely of holder makes one
a builder in bad faith.
o How much will you get if you construct?
If GF = 100% at time of payment. If BF (like lessee) = 50% of value of improvement.
If GF = builder has right of retention and may not be ejected without compensation.
LESSEE DOES NOT HAVE RIGHT OF RETENTION.
GF in the context of a lease contract means you got the consent of the lessor. So anything
you built with consent, is still BF as per BPS provisions. However, since you obtained the
consent, you are entitled to 50% of the value of the useful improvement that you
introduced. (other options: removal if reimbursed without damage if not with damage.
Ornamental cannot be removed without damage and never reimbursed).
Credit Transactions
Loans one party delivers to another something consumable or non consumable subject to the ff. conditions:
o MUTUUM (simple): That when it is consumable, the same amount of the same kind and
quality shall be paid; aka forbearance of money. onerous or gratuitous, ownership passes,
perfected upon meeting of minds
o COMMODATUM (bailment): That when it is non-consummable, it may be used for a
particular time and purpose provided it be returned upon a certain time. gratuitous,
ownership does not pass, perfected upon delivery of object
MUTUUM
Interest must be express. If there is stipulation but no amount, then legal interest. Otherwise, no interest.
However, when there is demand and delay, interest begins to run regardless of stipulation (6% na lahat ng
interest)
Parties may stipulate for higher interest rates, as long as not unconscionable. Usurious interests are void.
However demand again and legal interest will run.
Note the difference in interest for use (moratory) and interest for default (compensatory) compute
moratory based on contract interest, then compensatory from default timterest.
o Further, the interest due shall earn legal interest from the time it is judicially demanded. If
there is not extrajudicial demand, there is no need to pay interest on accrued interest.
o If not forbearance of money, then theinterest is only 6% annual interest
Cash advances are loans. Ownership was transferred. No conviction for estafa kasi pinautang mo yun, so
he holds it in ownership not as agent or trustee. Hindi na yun sayo nung pinautang mo siya.
COMMODATUM
Since there is an obligation to return it, ownership does not pass. In fact, bailor need not be the owner.
Purely personal contract bawal ipahiram sa iba except sa member of household.
Object may be consumable when purpose is for exhibition only.
The moment it becomes onerous, it ceases to be a COMMODATUM. Lease na siya.
Bailor
1. No demand until expiry, but pwede if he needs it
urgently (suspended)
2. Refund extraordinary expenses unless nakuha
Bailee
Pay for ordinary expenses for use and preservation
Liability for FORTUITIOUS EVENT:
1.
2.
3.
4.
5.
PRECARIUM commodatum where the bailor can demand the return of te thing at will:
1. No stipulation on duration or purpose
2. Use merely tolerated
Commodatum
Deposit
Nature
Both real
Both real
Object
Im/movable
movable
Purpose
Use
Safekeeping
Compens Gratiutous
Gratuitous or Onerous
e
If lost due to FE and it is proximate and only cause, depositary is NOT liable for damages.
o Extinguished. Or if death of anyparty and contract is gratuitous extinguished
When liable with or without FE:
1. Stipulated
2. Use without consent of depositor or not for preservation
3. Delays return
4. Allows others to use it
INNKEEPERS/ HOTEL KEEPERS
o Notice was given and travellers took precautions
o Liable whether caused by servants or strangers (unless armed = FM)
SURETY vs GUARANTY
(Benefit of excussion)
Guaranty
Person binds himself to fulfil the obligations of debtor
should he FAIL to do so. Liablity is subsidiary
Insurer of insolvency
BENEFIT of EXCUSSION
Hindi na makabayad.
Surety
Person binds himself to fulfil the obligations of debtor
should he REFUSE to do so. Liability is solidary.
Insurer of debt.
No benefit
Ayaw magbayad.
Excussion right to have properties exhausted before he can made liable (guarantor)
RUSIA (not available): renunciation, useless because properties of debtor would not
satisfy obligation, solidarily bound, insolvency of debtor, debtor has absconded
Partial and total excussion excused from liability only to extent covered by
properties of debtor
o Gurantor can still be reimbursed for debt even without excussion, because one cannot be
unjustly enriched by anothers acts. Further, the right of excussion is for the guarantor to
waive. By paying the debt despite absence of demand or execution, the guarantor waives his
right to excussion but NOT to reimbursement.
Benefit of division- several guarantors are jointly bound, not solidarily, unless stipulated.
May guanrator proceed against debtor before payment? YES. SIPETAI.
o Guarantor sued, insolvency if debtor, period of guaranty expired, expiration of period of
payment, ten years lapsed and there is no extinguishment, debtors absconds, imminent
insolvency.
Even if surety did not receive notice of demand from creditor, it remains SOLIDARILY BOUND. It
will be liable for everything debtor is liable for.
Surety cannot apply application of payments. FULL LIABILITY ang sa lolo mo.
Extinguishment
o Like other contracts.
o Extinguishment of principal debt.
o Creditor extends loan without knowledge of guarantor.
o
LAND TITLES
AGENCY & PARTNERSHIP
CONFLICTS