Civil Law

Things necessary to be put in your head

Family Code............................................................................................................................................. 1
Marriages which are void from the beginning for reasons of public policy [BIKAS] ............................... 1
Land Titles & Deeds ................................................................................................................................. 1
Requisites in Ordinary Land Registration Proceedings (SAD TONAH PIERT or SAD TraPS AH JuDE SeT) . 1
Property, Ownership, & its modifications ................................................................................................ 2
Kinds of Accession ............................................................................................................................... 2
NOTE: .............................................................................................................................................. 2
Right of Accession with respect to immovable property:...................................................................... 2
Right of Accession with respect to movable Property:.......................................................................... 4
Quieting of Title, Requisites for action to prosper: ............................................................................... 4
Co-ownership ...................................................................................................................................... 4
Usufruct, Extinguishment [DEF MR LT PRNA (read as Def moro loto porna)] (Art 603) ...................... 5
Easements of Servitudes, modes of Extinguishment [REMAIN RAT REF] ............................................... 5
Nuisance [HIASO] ............................................................................................................................. 6
Modes of Acquiring ownership ............................................................................................................ 6
Wills & Succession ................................................................................................................................... 6
Disinheritance of Children & Descendants [LC FRM DC (read as Lac From Doc )]............................ 6
Disinheritance of Parents or Ascendants [CALL FRAP] .......................................................................... 7
Disinheritance of Spouse [FLAPRS] ....................................................................................................... 7
When Legacy/Devise shall be Without Effect [TALA] ............................................................................ 7
Accession ............................................................................................................................................ 8
Obligations .............................................................................................................................................. 8
Kinds of Obligations ............................................................................................................................. 8
Alternative obligations......................................................................................................................... 9
Divisible and Indivisible Obligations ..................................................................................................... 9
Kinds of Solidary Obligations................................................................................................................ 9
Modes of extinguishment of obligation ............................................................................................... 9
Novation ........................................................................................................................................... 10
Contracts............................................................................................................................................... 10
Form of Contracts .............................................................................................................................. 10
Sales...................................................................................................................................................... 11
Effect of Gross Inadequacy of Price .................................................................................................... 11
Agency .................................................................................................................................................. 12
Effects of appointment of Substitute/Liability in case of damage to principal (Art. 1892) ................... 12
Extinguishment [EDWARD] ................................................................................................................ 12
Trusts .................................................................................................................................................... 12
Credit Transactions................................................................................................................................ 13
Torts...................................................................................................................................................... 19
Defenses ........................................................................................................................................... 19

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Civil Law
Things necessary to be put in your head

FAMILY CODE
MARRIAGES WHICH ARE VOID FROM THE BEGINNING FOR REASONS OF PUBLIC POLICY [BIKAS]
Art. 38, Family Code; nine (9) are enumerated therein, but they can be summarized into five (5):

Blood 4th degree

In-law  parent&children (pero pwede between parents-in-law and children-in-law [Abella]
Killer  &spouse of person killed, in consideration..
Adopted  hindi lahat ah...only those between:
1. Surviving spouse of adopting parent and adopted child
2. Legitimate child of adopter and adoptee
3. Between adoptees
Step  step parents and children

LAND TITLES & DEEDS

REQUISITES IN ORDINARY LAND REGISTRATION PROCEEDINGS (SAD TONAH PIERT OR SAD TRAPS AH JUDE SET)
(Republic vs. Alon, 199 SCRA 396 (1991), citing RP vs. Heirs of Abrile, 71 SCRA 57 (1976))
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.

Survey of land by the Bureau of Lands or a duly licensed private surveyor;

Filing of application for registration by the applicant;
Setting of the date for the initial hearing of the application by the Court;
TRAnsmittal of the application and the date of initial hearing together with all the documents or
other evidences attached thereto by the Clerk of Court to the Land Registration Commission;
Publication of a notice of the filing of the application and date and place of the hearing in the
Official Gazette;
Service of notice upon contiguous owners, occupants and those known to have interests in the
property by the sheriff;
Filing of answer to the application by any person whether named in the notice or not;
Hearing of the case by the Court;
Promulgation of JUdgment by the Court;
Issuance of the Decree by the Court declaring the decision final and instructing the Land
Registration Commission to issue a decree
Entry of the decree of registration in the Land Registration Commission;
SEnding of copy of the decree of registration to the corresponding Register of Deeds; and
Transcription of the decree of registration book and the issuance of the owner's duplicate original
certificate of title to the applicant by the Register of Deeds, upon payment of the prescribed fees.

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PROPERTY, OWNERSHIP, & ITS MODIFICATIONS

Sic utere tuo et alienum non laedas So use your own as not to injure anothers property (#83, 2011 MCQ)
Salus populi et suprema lex The welfare of the people is the supreme law
Partus sequitur ventrem The offspring follows the condition of the mother
Accesio cedit principali Accessory follows the principal
quando res non valet ut ago, valeat quantum valere potest when a thing is of no effect as I do it, it
shall have effect as far as or in whatever way it can

KINDS OF ACCESSION
Accession

Continua

Discreta
Natural

Civil

Movable

Immovable

Industrial
Natural
4 forms:
Alluvion
Avulsion
Change of
course of river
Formation of
islands

Industrial
3 works:
Building
Planting
Sowing

Commixtion/
Specification
confusion
Adjunction/
conjunction
5 ways:
Engraftment (inclusion)
Attachment (soldadura)
Weaving (tejido)
Painting (Pintura)
Writing (Escritura)

NOTE:

Recession of the sea  owned by the state

Sea moves into the land owner loses part of land covered by the sea (source: Lecture of Dean Navarro)
Laguna de Bay is a lake, the accretion of which, by the express mandate of Art. 84 of the Spanish law
of waters, belongs to the owners of the land contiguous thereto. (Government of the Philippine Islands
vs. Colegio De San Jose [1929], as cited in the book of Property by Atty. Elmer Rabuya)

RIGHT OF ACCESSION WITH RESPECT TO IMMOVABLE PROPERTY:

3 Situations
Owns land
Person 1 (1) 1
2
3
Person 2 (2)
Person 3 (3)

Builds, sows, or plants (BSP)

1
2

Owns materials
1
3

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1: Land owner AND Builder/Planter/Sower

Good Faith
Bad Faith
1: pay value to 2 to appropriate what (Art. 447) 1: Pay value + damages + criminal
was built.
liability (if any)
2: May remove the materials if he can 2: May remove the materials in any event
do so without injury to the
(even if property will be damaged) + ask
property.
for damages
(Art. 449 455 by analogy)
(Art. 453 by analogy)
2: Loses the material without any right as though both had acted in good faith.
whatsoever + pay damages
Therefore, Art. 447 applies.

Bad Faith

Good Faith

2: Owner of Materials

Situation #1

Good Faith

1: Land Owner (only owns the land)

Good Faith
Bad Faith
1: has alternative rights, either:
(Art. 454: Art. 447 applies, so therefore...)
a. To appropriate the property
build/sown/planted (BSP) after 1: Pay value + damages + criminal liability (if
any)
payment of indemnity; OR
b. Sell/rent his property (Art. 448)
2: May remove the materials in any event
2: to compel 1 to exercise option; and
(even if property will be damaged) + ask

has a right of reimbursement if 1
for damages
chooses option (a) above.
1: Right to appropriate (Art. 449) +
(Art. 453): as though both had acted in good
Damages (Art. 451) + fruits, if
faith. Therefore, art. 448 applies.
pending.

Remotion (Art. 450) > May demand
the demolition of the work, or that the BSP removed at the expense of 2, + damages

compel the builder or planter (2) to pay the price of the land, or the sower (2) to pay
rent (Art. 450) + damages (Art. 451)
2: loses what he built, planted, or sown (Art. 449)

Payment of expenses in production, gathering, and preservation (PGP) (Art. 443)

Reimbursement for the necessary expenses of preservation of the land
(Art. 549546 par. 1)

No right to remove what was planted, sown or built.(MWSS vs. CA, 43 SCRA 623 [1986])

Bad Faith

2: Builder/Planter/Sower AND Owner of Materials

Situation #2

Good Faith

3: Owner of
Materials

Situation #3
1: Land owner
2: Builder/Planter/Sower
(Art. 455)
1: to answer subsidiarily for the materials IF any of the following occur:
a. Insolvency of the builder, planter, or sower
b. Owner of the land appropriates the building, planting, or sowing

not liable he chooses to demolish/remove what was BSP. (Art. 455  450)
2: Pay owner of materials (+ damages 2 is in bad faith)
3: Has a right to be reimbursed.

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Bad Faith

1: Land owner

2: Builder/Planter/Sower

1: Can claim the materials.

(Art. 455 <=> 449)
2: Reimbursement for his labor, if he acted in good faith
3: Loses what is built, plant, or sown, without indemnity

Good Faith
Bad Faith

2: Owner of Accessory (A)

RIGHT OF ACCESSION WITH RESPECT TO MOVABLE PROPERTY:

1: Owner of the Principal (P)
Good Faith
Bad Faith
GEN: 1 Acquires the accessory, after 2: entitled to damages + either: (Art. 470(2))
indemnifying 2 for its value. (466)
a. Payment of the value of the accessory,
XPN: If the accessory is much more
or
precious than the principal, 2 may
b. Demand that the thing belonging to
demand its separation, even though
him be separated
the principal may suffer some
injury. (Art. 469 par. 2)
2: Shall lose the thing incorporated (Art. 470 (3))
and shall be obliged to pay 1 for as though both had acted in good faith.
damages. (Art. 470(1))
Therefore, Art. 466 applies

QUIETING OF TITLE, REQUISITES FOR ACTION TO PROSPER:

1. There is a cloud on the title or real property
2. Theres PRICE** that is apparently valid or effective but is in truth and in fact invalide, voidable,
or unenforceable, and may be prejudicial to said title.
3. Plaintiff has legal or equitable title to, or interest in the real property which is the subject matter
of the action. (Calacala, et. al. vs. Republic of the Philippines (G.R. 154415, July 2005))
** Price = Proceeding, record, instrument, claim, or encumbrance
ACTION TO QUIET TITLE

ACTION TO REMOVE CLOUD

ON THE TITLE
Purpose is to put an end to For the removal of a possible
troublesome litigation in respect foundation for a future hostile
to the property involved
claim
Remedial action involving a Preventive action to avoid a
present adverse claim
future cloud on the title

CO-OWNERSHIP
Acts of Administration
Refer to the enjoyment,
exploitation, & alteration
of the thing which do not
affect its substance, form,

Acts of Alteration
(Strict dominion)
Acts by virtue of which a co-owner, in
opposition to the expressed or tacit
agreement of all the co-owners, and in
violation of their will, changes the thing

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Acts of Administration
or purpose.

Transitory in character
Do not affect the
substance or form
In relation to the right of a
co-owner, they require
the consent of the
majority
Can be exercised by the
co-owners through others

Acts of Alteration
(Strict dominion)
from the state in which the others
believe it would remain, or withdraws it
from the use to which they believe it is
intended.
Permanent
Relates to the substance or the essence
of the thing
Requires the consent of all co-owners

Must be exercised by the co-owners

themselves.

USUFRUCT, EXTINGUISHMENT [DEF MR LT PRNA (READ AS DEF MORO LOTO PORNA)] (ART 603)
Death of usufructuary
Expiration of the period /Fulfillment of the resolutory condition
Merger of the usufruct and ownership in the same person
Renunciation of the usufructuary
Total Loss of the thing in the usufruct
Termination of the right of the person constituting the usufruct
Prescription
Rescission/annulment of the contract which is the source of the right of the usufruct
Non-compliance with any condition agreed upon by the parties as agreed upon by the parties as
ground(s) for terminating the usufruct
10. Abandonment by the usufructuary

1.
2.
3.
4.
5.
6.
7.
8.
9.

Caucion Juratoria - A sworn duty to take good care of the property of another and return same at the
end of the usufruct. (Art. 587)

EASEMENTS OF SERVITUDES, MODES OF EXTINGUISHMENT [REMAIN RAT REF]

*numbers correspond to the order in Art. 631; those in bullets are no in 631 (source: Rabuya on Property)
(5)
Renunciation of the owner of the dominant estate

Eminent Domain
(1)
Merger of the ownership of dominant and servient estate

Abandonment of the servient estate
(3)
Impossibility of use (When either or both of the estates fall into such condition that the
easement cannot be used)
(2)
Non-user for 10 years

Registration without annotation

Annulment / rescission of title constituting the easement
Termination of the right of the grantor

(6)
Redemption agreed upon between the owners of the dominant and servient estates.
(4)
Expiration of the term or the
(4)
Fulfillment of the condition, if the easement is temporary or conditional;

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Nuisance [HIASO]
(Art. 694)
Any any act, omission, establishment, business, condition of property, or anything else
which:
(5)
(1)
(2)
(3)
(4)

Hinders or impares the use of property.

Injures or endangers the health or safety of others
Annoys or offends the senses
Shocks, defies, or disregards decency or morality; or
Obstructs or interferes with the free passage of any public highway or street, or any body of water

NOTES:
The doctrine of attractive nuisance is not applicable to bodies of water, in the absence of some
unusual condition or artificial feature other than mere water and its location.
As a rule of thumb, an imitation of nature is not nuisance. (lecture of Dean Abella on CIV1)
Doctrine of comparative utility or the balancing of utilities doctrine

There is nuisance if the annoyance outweighs the utility to the actor and to the society as a whole.
(source: Rabuya on Property, 2008 ed., p. 580, citing US jurisprudence)

MODES OF ACQUIRING OWNERSHIP

Ownership may be acquired, transmitted, or both, depending on the mode.
[OLD TIPS]

A Acquired
T transmitted
Occupation
A
Law
A or T
Donation
A or T
Tradition
A or T
Intellectual Creation
A
Acquisitive Prescription
A
Succession
A or T

O Original
D - Derivative
Original
Original
Derivative
Derivative
Original
Original
Derivative

(source: Rabuya on Property, 2008 ed., p. 594)

WILLS & SUCCESSION

DISINHERITANCE OF CHILDREN & DESCENDANTS [LC FRM DC (READ AS LAC FROM DOC )]
(Art 919)
1. attempt against Life of the testator, his or her spouse, descendants, or ascendants;
2. has accused the testator of a crime for which the law prescribes imprisonment for six years or
more, if the accusation has been found groundless
3. has been convicted of adultery or concubinage with the spouse of the testator
4. by [FUVI] Force, undue influence, violence causes the testator to make a will or to change one
already made
5. Refusal without unjustifiable cause to support the parent or ascendant who disinherits such
child or descendant
6. Maltreatment of the testator by word or deed, by the child or descendant
7. leads a dishonourable / disgraceful life
8. Conviction of a crime which carries with it the penalty of civil interdiction

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DISINHERITANCE OF PARENTS OR ASCENDANTS [CALL FRAP]

Art 920
4.
1.
2.
8.
5.
7.
3.
6.

convicted of adultery/concubinage with the spouse of the testator

when the parents have [AVI] abandoned their children, or attempted against their virtue, or
induced their daughter to live a corrupt or immoral life.
convicted of attempt against the Life of the testator, his/her spouse, descendants, or ascendants
An attempt by one of the parents against the life of the other, unless there has been a
reconciliation between them.
by [FUVI] Force, undue influence, violence, or intimidation to make a will or to change one already
made
Refusal to support the children or descendants without justifiable cause
has accused the testator of a crime for which the law prescribes imprisonment for six years or
more, if the accusation has been found to be false
Loss of parental authority for causes specified in this Code

DISINHERITANCE OF SPOUSE [FLAPRS]

Art. 921
3. By [FUVI] Force, undue influence, violence or intimidation to make a will or to change one already
made
1. Conviction of an attempt against the life of the testator, his or her descendants, or ascendants
2. 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
5. Spouse has given grounds for the loss of parental authority
6. Unjustified refusal to support the the children or the other spouse
4. Spouse has given cause for legal separation

WHEN LEGACY/DEVISE SHALL BE WITHOUT EFFECT [TALA]

(#1-3 from Art 957; #4 from Art 936)

1. If testator Transforms the thing bequeathed in such a manner that it does not retain either
the form or the denomination it had
2. Testator Alienates the thing bequeathed or any part thereof
3. Total Loss of thing bequeathed during the lifetime of the testator, or after his death without
the heir's fault.
4. Legacy of credit shall lapse if the testator, after having made it, brings an Action against the
debtor for the payment of his debt

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ACCESSION

Predecease
or
Incapacity
Disinheritance
Repudiation

1.
2.
1.
2.

TESTAMENTARY
LEGITIME
FREE PORTION
(R.R.) Right of
1. Substitution (956)
Representation
2. Accession (859-861)
(I.S.) Intestate
3. Intestate Succession
Succession
R.R.
N/A
I.S.
1. Substitution
I.S.
2. Accession
3. Intestate Succession

INTESTATE

1. R.R.
2. I.S.

1. Accession
2. I.S.

OBLIGATIONS
Culpa Contractual
...merely incidental to the
performance of an already
existing obligation
vinculum juris.. exists independently of the
negligence
Good father of Is NOT a defense
a family
Presumption of
YES
negligence
Burden of
defendant
proof
Source of
Breach (non-fulfillment of
obligation
contract)

Culpa Aquiliana
...substantive and
independent

Negligence is...

is created by the the

negligence itself
Is complete and proper
defense (Art. 2180)
NO
complainant
Negligent act

KINDS OF OBLIGATIONS
Kinds of Obligation according to Art 1182

Casual

Potestative

Dependent
on...

Chance
(valid)

Mixed

Dependent party on chance or 3

party, & party on the part of the...

On the part
of the...

3rd party
(valid)

Creditor
(valid)

Debtor

Resolutory
condition
(valid)

Creditor
(valid)

Debtor
(valid)

suspensive
condition
(void)

TIP: Only obligations that are (1) potestative (2) on the part of the debtor (3) that are subject to a
suspensive condition are void. All others are valid.

rd

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ALTERNATIVE OBLIGATIONS
Scenarios for
Alternative Obligations
Only 1 is practicable
All is lost through
fortuitous event
1 is lost through
debtors fault
1 is lost through
creditors fault
All is lost through
debtors fault

Right of Choice belongs to...

Debtor
Creditor
Art. 1202 & 1205: Converted to simple obligation (right of choice is lost)
Art. 1174: obligation is extinguished.
(law is silent) Debtor can choose Creditor may choose lost prestation
from the remaining. No problem! but can only be given the price of
the same + damages
(Art. 1203) Debtor may rescind
(law is silent) Debtor can choose
the contract with damages
from the remaining. No problem!
Obligation remains; Creditor is Obligation remains; Creditor may
entitled to the price of the choose for the price of any of the
prestation which was lost
prestations which was lost, and
recover it.
(Law is silent) > Obligation is extinguished.

All is lost through

creditors fault
(source: Oblicon lecture of Atty. Rabuya)

DIVISIBLE AND INDIVISIBLE OBLIGATIONS

Indivisibility
Solidarity
Relates to the object of prestation
Pertains to the subject or vinculum
May exist with only 1 debtor and 1 At least 2 creditors or debtors
creditor
Fault of 1 is not fault of all
Fault of 1 is fault of all

KINDS OF SOLIDARY OBLIGATIONS

Active
Passive
Mixed

DEBTOR
Solidary
Joint
Solidary

CREDITOR
Joint
Solidary
Solidary

MODES OF EXTINGUISHMENT OF OBLIGATION

(Art. 1231, NCC)
1. Payment or performance
2. Loss of the thing due
3. Condonation or remission of debt
4. Confusion or merger of rights (of creditor and debtor)
5. Compensation
6. Novation

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(Other causes)
7. Waiver/renunciation by the creditor (Art. 6)
8. Compromise (Art. 2028)
9. Fulfillment of resolutory condition (Art. 1179)
10. Fulfillment of resolutory term or period (Art. 1193)
11. Happening of unforeseen events (Art. 1174)
12. Abandonment of the property charged with an obligation like the abandonment of an interest in
a party wall (Rabuya on Property, 2008 ed., p. 532)
13. Decision or will of one of parties in certain contracts like agency, partnership and lease of
services (Pineda on Oblicon, 2000 ed., p. 193)
14. Mutual agreement or dissent (Mutuo disenso)
15. Prescription (Art. 1139)
16. Change of civil status (as when a married woman becomes a widow, or when an unmarried
woman gets married) (Paras on Oblicon, 2000 ed., p. 341)
17. Death of debtor, when the obligation is purely personal

NOVATION
Conventional Subrogation (novation)
Governing law: Art. 1300 to 1304
Lack of consent of the debtor...
... is a defense. Consent is necessary
Effectivity: from the moment of
subrogation
Extinguishes the original obligation
and creates a new one.

Assignment of credit or rights

Governing law: Art. 1624 to 1627
...is NOT a defense. Only notice is
required.
Effectivity: begins from notification of
the debtor.
Transfer of credit or rights does not
extinguish the obligation. Transferee
becomes the new creditor

Defect or vice in the old obligation...

...may be cured when the new ...is not cured by assignment to a
obligation becomes valid
third person
Mirror-Image Rule: The acceptance must be identical in all respects with that of the offer so
as to produce consent or meeting of the minds (Limketkai Sons Milling, Inc. v. CA, 255 SCRA 626; ABSCBN Broadcasting Corp. v. CA, 301 SCRA 572).

CONTRACTS
FORM OF CONTRACTS
[note: numbering here was purposely done. All 8 must be in writing]

Contracts that must appear in writing, else, void:

1. Donations of personal property whose value exceeds five thousand pesos (Art. 748)
2. Authority of an agent, in a sale of a piece of land or any interest therein through the latter (Art.
1874)
3. Interests in a contract of loan (Art. 1956)
4. Contract of Antichresis (Art. 2134)
Contracts that must appear not only in writing but must also be in a public document, else, void:
5. Donation of immovable property (Art. 749)
6. Contract of partnership (Art. 1773)

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Contracts that must appear not only in writing but must also be registered, else, void:
7. Chattel mortgage (Art. 2140)
8. Sale or transfer of large cattle (Art. 1581 Act 1147, sec. 22)

SALES
EFFECT OF GROSS INADEQUACY OF PRICE
General rule: It does not affect the validity of a contract of sale (Art. 1470, NCC).
Exception:
a. If such inadequacy may indicate a defect in the consent, or that
b. The parties really intended a donation or some other act or contract (Art. 1470, NCC). Thus, lesion
or inadequacy of cause shall not invalidate a contract, unless there has been fraud, mistake or
undue influence (Art. 1355, NCC).
c. Price is so low as to be shocking to the conscience (Rosales v. Court of Appeals, 405 Phil. 638
(2001))

XPN to XPN: when there is a right to redeem.1 Thus, gross inadequacy of price in a judicial sale does
not affect the contract of sale, since the more inadequate the winning bid is at public sale, the more
easily it is for the owner to redeem the property. (Vda de Gordon vs. CA (109 SCRA 388))

Condition
Promise depends on...
Transfer of ownership

Reverting of ownership
Risk of
loss/deterioration

Contract on sale or return

(par 1)
Resolutory
Will of the buyer
Immediately passes to the
buyer upon delivery

Sale on approval or on trial or on

satisfaction (par 2)
Suspensive
Suitability, quality or character of goods.
Passes only upon either:
1. approval or satisfaction of the buyer
after trial, or
2. Failure to return the goods or
3. Failure to send a notice of
dissatisfaction within a period agreed
upon; or
4. Doing other similar overt acts
When buyer so decides
N/A (ownership does not pass)
Buyer, until ownership Seller, until ownership passes to the
reverts back to the seller
buyer

Zomboanga Barter Traders Kilusang Bayan, Inc., et. al., vs. Plagata, G.R. No. 148433, September 30, 2008

D i c h o s o | 12

AGENCY
EFFECTS OF APPOINTMENT OF SUBSTITUTE/LIABILITY IN CASE OF DAMAGE TO PRINCIPAL (ART. 1892)

EXTINGUISHMENT [EDWARD]
1.
2.
3.
4.
5.
6.

Expiration of the period for which the agency was constituted

[DICI] Death, insanity, civil interdiction, insolvency of the principal or of the agent
Withdrawal of agent
Accomplishment of the object or purpose of the agency
Revocation
Dissolution of the firm or corporation which entrusted or accepted the agency

TRUSTS
A trust is not necessarily a contract. Heres why:
Trust
May or may not have a consideration
Always fiduciary in character

Contract
Always supported with a consideration
May or may not be fiduciary

RESULTING TRUST

CONSTRUCTIVE TRUST

Presumed always to have been

contemplated by the parties, the
intention as to which can be found in the
nature of their transaction although not
expressed in a deed or instrument of
conveyance
The action to recover property held in
trust is imprescriptible as long as the
trustee has not repudiated the trust

Created by the construction of equity in order to

satisfy the demands of justice and prevent unjust
enrichment. They arise contrary to intention against
one who, by fraud, duress or abuse of confidence,
obtains or holds the legal right to property which he
ought not, in equity and good conscience, to hold
The right to seek reconveyance based on constructive
trust is subject to extinctive prescription from the time
the constructive trust arises

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CREDIT TRANSACTIONS

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TORTS
DEFENSES
1. Emergency rule
2. Assumption of risk (by the plaintiff)
3. Contributory negligence
(XPN: Attractive nuisance)
4. Force Majeure (Art. 1174)
5. Prescription (Art. 1146, 1150)
6. Diligence
7. Res Judicata
8. Waiver
Principle of Presumed negligence when an inanimate object causes damage to another, the owner
thereof becomes liable. Proof of fault or negligence is unnecessary because this is presumed.2
Cleanup liability/polluter pay principle the person responsible for the pollution is also responsible for
the clean-up and other damages caused
Wild-beast theory the person who keeps for his own purposes anything likely to do mischief if it
escapes, must keep it at his peril, and failure to do so is prima facie evidence of negligence which will
make him answerable for all damages which is the natural consequence of its escape. (Pineda, citing an
England case)
Principle of created risks when a person introduces in the society a dangerous object from necessity
or profit, he exposes others to danger. If it injures another even without negligence on the part of the
owner or proprietor, he should be held liable for damages.
Doctrine of avoidable consequences a party cannot recover damages flowing from consequences
which the party could reasonably have avoided.
Doctrine of Respondeat Superior- This doctrine applies when the employer or parent is liable not
because of his own act but because of the act or conduct of the employee whether or not he exercised
due care.

GEN: This doctrine does not apply to a parent or an employer who exercised proper care & diligence.
XPN: In case of employees, if the act is violative under Article 103 of the Revised Penal Code,
employers will still be held liable even if there be proof of the exercise of due diligence.

Tolentino in explaining Art. 2191, citing Spanish author Cammarota