Professional Documents
Culture Documents
To remove usefu
cause any injury
does not approp
can remove the s
principal thing (th
To purchase land
not considerably
trees.
If BPS cannot pa
require BPS to
planted or sown.
Builder/Planter/S
Good Faith
To receive inde
luxurious expens
luxurious improv
the land withou
payment of indem
If the value of la
the building or tre
the land. In such
LO does not choo
B. Good Faith
Option 1: To acquire whatever has been
built, planted or sown without paying
indemnity except necessary expenses for
NCC495 says co-owners cant divide coowned thing if it is indivisible, like a car. But
NCC498 says co-owners may divide by
distributing proceeds after the thing is sold.
QUIETING OF TITLE
ART. 476, NCC. When theres a cloud on title to real
property or any interest on it (Remdial). Or when the
purpose is to prevent a cloud from being cast upon the
title to such property (Preventive).
Prescription to bring an action for quieting of title:
a. If plaintiff is in possession, period does not
prescribe;
b. If plaintiff is not in possession, period
prescribes (So it depends on the status of
the actual possessor, whether hes in good
[10 years] or bad faith [30 years])
PRINCIPLE OF TACKING POSSESSION (ART. 533,
NCC)
(1) NCC533 talks about possession thru succession
mortis causa and the acceptance of an heir is
important here so theres no interruption
between the heirs predecessor, and the heirs
possession.
- Example: Dad died on June 1, 2003. Son
accepted the inheritance on June 25, 2003.
Sons possession transmitted not on the day
he accepted (June 25) but on June 1, the
day his dad died.
- If heir refuses to accept - Deemed he never
possessed.
ART. 559, NCC. In the case of Edca Publishing vs.
Santos, petitioner owner sold books to B. B issued check
to petitioner for payment. B then sold the books to C.
Later on, the check issued by B to petitioner, bounced.
Can petitioner use NCC559 in recovering his books to
C?
Answer: NO. Edca was not unlawfully deprived because
there was payment made to him despite the fact that it
bounced. Edcas remedy is to rescind the contract to B
and file replevin for the return of the books. Contrast this
case to the case where a casino chip was paid; the
owner of the chips were forced by the guards of the
casino to return the chips. Here he was unlawfully
deprived. NCC559 is applicable in this case.
Art. 559: In a case where the owner A sold books to B. B
issued check to A for payment. B then sold the books to
(2)
(3)
(4)
(5)
FORMS OF DONATION:
(1) ART. 728 Donation mortis causa. This
donation shall take effect upon the death of the
donor.
a. The donation must be in the form of a
will, with all the formalities for the validity
of wills.
b. If not in a valid will, the donation is void
and cannot transfer ownership.
c. Revocable upon the exclusive will of the
donor (any time, any cause).
(2) ART. 729 Donation intervivos. This donation
shall take effect independently of the donors
death.
a. The donation must be executed and
accepted with the formalities under Arts.
748 and 749 (except onerous donation
governed by rules of contracts).
b. Irrevocable
i. Revocable only under the
reasons provided in Article 760,
764 and 765.
(3) NOTE: In case of doubt, the conveyance should
be deemed a donation inter vivosrather than a
mortis causain order to avoid uncertainty as to
ownership of the property (Puig et. al v.
Peaflorida et. al)
(6)
LIBERALITY
COMPLIANCE)
PRINCIPLE
(SUBSTANTIAL
IV. SUCCESSION
TENDER CARE RULE
COMMON REQUIREMENTS FOR BOTH KINDS OF
WILLS (ART. 804, NCC)
(1) Must be in writing
(2) Executed in the language or dialect known to the
testator
SPECIAL REQUIREMENTS FOR AN ATTESTED WILL
(ART. 805, NCC)
(1) Must be subscribed in the end thereof by the
testator himself, or the testators name written by
a. Intrinsic Validity
Examples:
a. Non-impairment of legitime
b. Void donations under NCC 739
c. Preterition
b. Extrinsic Validity (Sebastian, 2015)
a. Notarial
i. A will must be in writing
ii. A will must be written in a
language or dialect known to the
testator
iii. The testator must sign at the
end of the will
iv. A will must be attested and
subscribed by three credible
witnesses
v. The testator and witnesses must
sign in the presence of one
another
vi. The testator and witnesses must
sign on the left margin of each
page
vii. Each page of the will must be
numbered correlatively
viii. The will must contain an
attestation clause
ix. The will must be acknowledged
before a notary public
b. Holographic
i. Entirely written
ii. Dated
iii. Signed by the hand of the
testator.
Must be written in a language known to the testator.
NCC 1191
V. AGENCY, TRUSTS AND PARTNERSHIP
(Resolution)
May be instituted only by a party to
TEST OF PARTNERSHIP
the contract.
CAPITAL
AND
Industrial Partner
cannot engage in business for himself, unless
the partnership expressly permits him to do so;
and if he should do so, the capitalist partners
may either exclude him from the firm or avail
themselves of the benefits which he may have
obtained in violation of this provision, with a right
to damages in either case. (Art. 1789, NCC)
Not obliged to contribute additional share to the
capital in case of an imminent loss of the
business of the partnership, absent any
agreement to the contrary. (Art. 1791, NCC)
Shall not share in the losses of the partnership in
the absence of stipulation. (Article 1797, NCC)
Capitalist Partner
Cannot engage for their own account in any
operation which is of the same kind as the
partnership, unless there is a stipulation to the
contrary. (Art. 1808, NCC)
Managing Partner
Cannot execute acts of administration when
opposed by partners when acting in bad faith.
(Art. 1800, NCC)
When there are two or more managing partners,
in case it should have been stipulated that none
of the managing partners shall act without the
consent of the others, the concurrence of all
shall be necessary for the validity of the acts,
and the absence or disability of any one of them
(2)
(3)
(4)
(5)
(6)
(7)
(8)
CONDITION
TRANSFER OF OWNERSHIP
REMEDIES AVAILABLE
RESCISSION
CONTRACT OF SALE
By the contract of sale, one
the contracting parties obliga
himself
to
transfer
ownership of and to delive
determinate thing, and the ot
to pay therefor a price certain
money or its equivalent. (A
1458, NCC)
If buyer p
the buyer
within a g
Generally
gratuitous
except when
there is a
stipulation to
the contrary,
when
depositary is
engaged
in
the business
of
storing
goods,
and
where
property
is
saved
w/o
knowledge of
the owner
Cannot
be
prescription
extinguished
Cannot
be
prescription
extinguished
Upon a judgment.
CAUSES
A mortgage action
PRESCRIPTIVE PERIOD
the
Upon a quasi-contract.
Upon a quasi-delict
For defamation
Consideratio
Counted from the day they mayn be
brought.
Divisibility
Contract of a
Right of First
Refusal
Preparatory
juridical relation
Determinate or
may be made
determinate
Consideration of
the
lease
includes that of
for the Right of
First Refusal
Integral
and
indivisible part of
the contract of
lease;
inseparable
1. Identity
in terms
2. Identity
in
conditio
ns
to be offered to
the lessee and
to
all
prospective
buyers
Option Contract
Preparatory
Contract
Must
determinate
be
Consideration
distinct
from
contract price
May be separate
and distinct from
the
contract
of
lease
Requisites
the
1. Clear and
certainty
object
2. Clear and
certain
cause
or
considerati
on of the
contract
Exceptions:
a) If the father or mother died during minority of child,
the child may file the action before the expiration of 4
years from attainment of majority.
b) If after death of father or mother, a document should
appear of which nothing had been heard and in
which either or both parents recognize the child. The
action should be filed within 4 years from finding of
the document.
Shall be
distributed
children
forfeited
to
the
Reserva Troncal
Q: What is the nature of ownership of the reservor?
A: The reservor has the legal title and dominion to the
reservable property but subject to the resolutory
condition that such title is extinguished if the reservor
predeceased the reservee. The reservor is a
and
co
Requisites:
1) The accident is of a kind which ordinarily does not
occur in the absence of someones negligence;
2) It is caused by an instrumentality within the exclusive
control of the defendant or defendants; and
3) The possibility of contributing conduct which would
make the plaintiff responsible is eliminated.