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2023 UP LAW BOC LMTs

CIVIL LAW
I. PRELIMINARY TITLE good faith [MWSS v. Act Theater, Inc., G.R.
No. 147076 (2004)].
1. What is the meaning of the phrase
2. Can an entry in a civil register be changed
“unless it is otherwise provided” stated in
or corrected?
Art. 2 of the Civil Code?
Answer: No entry in a civil register may be
Answer: The phrase “unless it is otherwise
changed or corrected without a judicial order,
provided” refers to the date of effectivity (i.e. as
except for:
to when a law shall take effect) and not to the
1. Clerical or typographical errors;
requirement of publication itself, which, in any
2. Change of first name or nickname which
event, cannot be omitted [Tañada v. Tuvera,
can be corrected or changed by the
GR No. L-63915 (1986)].
concerned city or municipal registrar or
consul general in accordance with the
2. What are the requisites of a valid waiver?
provisions of RA 9048 and its IRR;
3. The day and month in the date of birth or
Answer:
sex of a person where it is patently clear
1. Waiver is voluntary and intentional, in clear
that there was a clerical or typographical
and unequivocal terms which leave no
error or mistake in the entry. [Sec. 1, RA
doubt as to the intention of a party [RB
9048].
Michael Press v. Galit, G.R. No. 153510
(2008)];
3. What is the rule on presumptive death?
2. Existence of a right;
3. Knowledge of the existence thereof;
Answer:
4. An intention to relinquish the right [Herrera
General Rule: [Art. 390, Civil Code & Art. 41,
v. Borromeo, GR No. L-41171 (1987)].
Family Code]
1. Seven (7) years, for all purposes, except
II. PERSONS AND FAMILY succession and marriage.
2. Ten (10) years, for the purpose of the
RELATIONS opening of the succession, except
marriage.
1. Differentiate existence of the right and
3. Four (4) consecutive years, for purposes of
the exercise of the right.
remarriage.
Answer: A right is a power, privilege, or
Exception: [Art. 390, Civil Code]
immunity guaranteed under a constitution,
1. If the absentee disappeared after the age
statute or decisional law, or recognized as a
of seventy-five (75) years: An absence of
result of long usage, constitutive of a legally
five (5) years shall be sufficient to open his
enforceable claim of one person against the
succession.
other. However, the exercise of rights is not
2. Where Disappearance is Attendant with
without limitations. Having the right should not
Dangerous Circumstance [Art. 391, Civil
be confused with the manner by which such
Code]
right is to be exercised. Article 19 of the Civil
a. Where the absentee is on board a
Code precisely sets the norms for the exercise
vessel lost during a sea voyage, or an
of one’s rights: Art. 19. Every person must, in
aeroplane which is missing, who has
the exercise of his rights and in the
not been heard of for four (4) years
performance of his duties, act with justice, give
since the loss of the vessel or airplane;
everyone his due, and observe honesty and
b. Where the absentee is in the armed
forces who have taken part in the war,
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and has been missing for four (4) citizenship at the time a valid divorce is
years. obtained abroad by the alien spouse
c. Where the absentee has been in capacitating the latter to remarry [Republic
danger of death under other v. Orbecido III, G.R. No. 154380, (2005)].
circumstances and his existence has 3. Between a Filipino and an alien: If there is
not been known for four (4) years. a. A valid marriage celebrated between a
Filipino citizen and a foreigner; and
4. What is the effect if the absentee appears b. A valid divorce obtained abroad by the
after the remarriage of the surviving spouse alien spouse capacitating him or her to
in accordance with law? remarry, the Filipino spouse shall
likewise have capacity to remarry
Answer: If the absentee appears, or without under Philippine law [Art. 26, Family
appearing, his existence is proved, he shall Code]. Such foreign divorce decree is
recover his property in which it may be found, valid whether initiated by the Filipino or
and the price of any property that may have foreign spouse [Republic v. Manalo,
been alienated or the property acquired GR No. 221029, (2018)]. The Filipino
therewith; but he cannot claim either fruits or spouse must, however, have the
rents [Art. 392, Civil Code]. foreign divorce decree judicially
recognized before Philippine courts as
However, the mere reappearance of the first our courts do not take judicial notice of
husband shall not automatically terminate the foreign judgments and laws [Sakai v.
second marriage contracted by the wife. The Republic, G.R. No. 224015, (2018)].
law provides that the subsequent marriage is
automatically terminated by the recording of 6. How is marital cohabitation ratified?
the affidavit of reappearance of the absent
spouse in the civil registry of the residence of Answer: For this provision on legal ratification
the parties to the subsequent marriage at the of marital cohabitation to apply, the following
instance of any interested person [Art. 42, requisites must concur:
Family Code]. Also, the Court ruled that if the 1. The man and woman must have been
absentee spouse reappears, but no step is living together as husband and wife for at
taken to terminate the subsequent marriage, least five years before the marriage;
either by affidavit or court action, such 2. The parties must have no legal impediment
absentee's mere reappearance, even if made to marry each other;
known to the spouses in the subsequent 3. The fact of absence of legal impediment
marriage will not terminate such marriage [SSS between the parties must be present at the
v. Vda. De Bailon, G.R. No. 165545, (2006)]. time of marriage;
4. The parties must execute an affidavit
5. What is the effect of divorce procured stating that they have lived together for at
abroad to the subsistence of the marriage? least five years (and are without legal
impediment to marry each other); and
Answer: Generally, divorce procured abroad is 5. The solemnizing officer must execute a
not recognized in the Philippines. The sworn statement that he had ascertained
exceptions are: the qualifications of the parties and that he
1. Between two aliens: If valid in their national had found no legal impediment to their
laws even if marriage was celebrated in the marriage.
Philippines
2. Between parties who were Filipino citizens However, the free and voluntary cohabitation
at the time of celebration of the marriage, with another person for at least five years does
but later on, one of them becomes not severe the tie of a subsisting previous
naturalized as a foreign citizen and obtains marriage — marital cohabitation for a long
a divorce decree: The reckoning point is period of time between two individuals who are
not the citizenship of the parties at the time legally capacitated to marry each other is
of the celebration of the marriage, but their merely a ground for exemption from marriage

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license [Borja-Manzano v. Sanchez, A.M. No. the couple’s respective personality structures
MTJ-00-1329 (2001)]. are so incompatible and antagonistic that the
only result of the union would be the inevitable
7. Distinguish Voidable and Void Marriages and irreparable breakdown of the marriage.
[Tan-Andal v. Andal, G.R. No. 196359 (2021)]
Answer: The following are the types of Void
Marriages: 9. What are included and excluded in the
1. Absence of any formal/essential requisites community property in an Absolute
[Art. 35, Family Code] Community of Property Regime?
2. Bigamous and polygamous marriages [Art.
35 (4), Family Code] Answer: The community property consists of
3. Bad faith of both spouses in the all the property owned by the spouses at the
subsequent marriage [Art. 44, Family time of the celebration of the marriage, and
Code] those either one or both of them acquired
4. Psychologically Incapacitated spouse [Art. during the marriage [Art. 91, Family Code].
36, Family Code] Property acquired during the marriage is
5. Void subsequent marriages [Art. 35 (6), presumed to belong to the community unless
Family Code] for failure to comply with Art. proved to be excluded therefrom [Art. 93,
53, Family Code Family Code].
6. Incestuous Marriages [Art. 37, Family
Code] The following are excluded:
7. Void by reasons of public policy [Art. 38, 1. Property acquired during the marriage by
Family Code] gratuitous title by either spouse, and the
fruits as well as the income thereof, if any,
Voidable Marriages are those with a defect in unless it is expressly provided by the
any of the essential requisites shall render the donor, testator or grantor that they shall
marriage voidable as provided in Art. 45, form part of the community property;
Family Code. [Art. 4, Family Code] 2. Property for personal and exclusive use of
either spouse. However, jewelry shall form
8. How must psychological incapacity be part of the community property;
proven as a ground for nullifying a marriage 3. Property acquired before the marriage by
under Art. 36 of the Family Code? either spouse who has legitimate
descendants by a former marriage, and the
Answer: Psychological incapacity need not be fruits as well as the income, if any, of such
scientifically or medically proven. The proof property [Art. 92, Family Code].
required for this need not be given by an
expert. Ordinary witnesses who have been 10. What are included and excluded in the
present in the life of the spouses before the conjugal property in a regime of Conjugal
latter contracted marriage may testify on Partnership of Gains?
behaviors that they have consistently observed
from the incapacitated spouse. Answer: The conjugal property consists of
what the spouses place in a common fund: the
With regard to the juridical antecedence proceeds, products, fruits, and income of their
requirement of the psychological incapacity, separate property and those acquired by either
the incapacity must be characterized as or both spouses through their efforts or by
incurable. However, the Court acknowledges chance, the same to be divided between them
that psychological incapacity, not being an equally (as a general rule) upon the dissolution
illness in a medical sense, is not something to of the marriage or the partnership [Art. 106,
be cured. As such, incurability shall mean in a Family Code].
legal sense, not a medical sense, particularly,
this means that the incapacity is so enduring Specifically, the following are part of the
and persistent with respect to a specific conjugal partnership properties:
partner, and contemplates a situation where

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1. Acquired by onerous title during the 12. What is a family home?
marriage at the expense of the Common
Fund; Answer: The family home is the dwelling
2. Acquired through the labor, industry, work, house, constituted jointly by the husband and
or profession of either or both spouses; wife, or by an unmarried head of a family,
3. Fruits from common property and net fruits where they and the family reside, and the land
of the exclusive property of each spouse; on which it is situated [Art. 152, Family Code].
4. Share of either spouse in hidden treasure,
whether as finder or owner of the property It shall be exempt from execution, forced sale,
where the treasure was found; or attachment, except for:
5. Acquired through occupation such as 1. Non-payment of taxes;
fishing or hunting; 2. Debts incurred prior to the constitution of
6. Livestock existing at the dissolution of the the family home;
partnership in excess of what is brought by 3. Debts secured by mortgages on the
either spouse to the marriage; premises before or after such constitution;
7. Acquired by chance, such as winnings from and
gambling or betting [Art. 117, Family 4. Debts due to laborers, mechanics,
Code]. architects, builders, materialmen and
others who have rendered service or
The following are excluded: furnished material for the construction of
1. Property which is brought to the marriage the building [Art. 155, Family Code]
as his or her own;
2. Property which each acquires during the 13. What is the status of a child conceived
marriage by gratuitous title; through artificial insemination?
3. Property which is acquired by right of
redemption, by barter or by exchange with Answer: Artificial insemination is the
property belonging to only one of the impregnation of a female with semen from a
spouses; and male without sexual intercourse. The child
4. Property which is purchased with exclusive conceived through artificial insemination with
money of the wife or of the husband [Art. the consent of both husband and wife is
109, Family Code]. legitimate. The Family Code does not require,
as a condition for the legitimacy of the child, the
11. May a donation made by parents of X to impotence of the husband. However, the child
minor Z (the child of X before X and Y were must be born to the wife to be considered
married) be revoked for reasons that the legitimate [Art. 164, Family Code].
marriage of X and Y did not push through?
14. When may the heirs impugn legitimacy
Answer: No, because it is an ordinary of the child?
donation, not a donation propter nuptias. The
ground that the marriage did not push through Answer: Generally, only the husband may
may only be raised to revoke donations by impugn. However, the heirs of the husband
reason of marriage [Art. 126, Family Code], as may impugn the filiation of the child in any of
those which are made before its celebration, in the following cases:
consideration of the same and in favor of one 1. If the husband should die before the
or both of the future spouses [Art. 83, Family expiration of the period fixed for bringing
Code]. Here, the donation was not made in his action;
favor of one or both of the future spouses, but 2. If he should die after the filing of the
in favor of their child. X's parents, therefore, complaint without having desisted
cannot revoke the donation on the ground that therefrom; or
the marriage of X with Y did not push through. 3. If the child was born after the husband’s
death [Art. 171, Family Code].

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15. Who are civilly liable for the acts of the 4. Jus Disponendi: right to alienate,
child? encumber, transform or even destroy the
thing owned without other limitations than
Answer: Parents and other persons exercising those established by law
parental authority shall be civilly liable for the 5. Jus Vindicandi: right to recover
injuries and damages caused by the acts or possession of property based on a claim of
omissions of their unemancipated children ownership
living in their company and under their personal 6. Jus Possidendi: right to possess the
parental authority subject to the appropriate property (Implied from all the other rights)
defenses provided by law. [Art. 221, Family 7. Jus Accessionis: right to whatever is
Code] attached to the thing in such a way that
they cannot be separated without injury
III. PROPERTY 8. Jus Tresauris: right to hidden treasure
9. Right to Exclude; Doctrine of Self-Help [Art.
429, Civil Code]
1. What are the different types of
10. Right to enclose or fence [Art. 430, Civil
classifications of property?
Code]
11. Right to receive just compensation in case
Answer:
of expropriation [Art. 435, Civil Code] but
1. Based on Mobility
not if the property seized by competent
a. Real or Immovable [Art. 415, Civil
authority in the exercise of police power,
Code]
unless seizure is unjustified
b. Personal or Movable [Arts. 416-417,
12. Right of owner of land to its surface and
Civil Code]
everything under it, except natural
2. Based on Ownership [Art. 419, Civil Code]
resources - the owner may make any
a. Public Dominion - Outside the
works, plantations, and excavations
commerce of man [Republic v. Pasig
subject to servitudes and special laws and
Rizal Co., Inc., G.R. No. 213207
ordinances and reasonable needs of aerial
(2022)]
navigation [Art. 437, Civil Code]
b. Private Ownership
i. Patrimonial Property [Arts. 421-424,
3. What are the rights of co-owners?
Civil Code]
ii. Property belonging to private
Answer:
persons
1. Right to share in the benefits and charges
3. Based on Consumability (applies only to
[Art. 485, Civil Code]
movables and is determined by nature)
2. Right to use the thing owned in common
[Art. 418, Civil Code]
[Art. 486, Civil Code]
a. Consumable
3. Right to bring an action in ejectment [Art.
b. Non-consumable
487, Civil Code]
4. Based on Susceptibility to Substitution
4. Right to compel other co-owners to
(applies only to movables and is
contribute to necessary expenses and
determined by nature)
taxes [Art. 488, Civil Code]
a. Fungibles
5. Right to reimbursement for necessary
b. Non-Fungibles
repairs [Art. 488-489, Civil Code]
6. Right to oppose alterations [Art. 491, Civil
2. What are the rights of an owner?
Code]
7. Right to full ownership of his part and of the
Answer:
fruits and benefits pertaining thereto [Art.
1. Jus Utendi: right to use and enjoy of a
493, Civil Code]
thing without other limitations than those
8. Right to Partition [Art. 494, Civil Code]
established by law
9. Right to Redemption [Art. 1619, Civil Code]
2. Jus Fruendi: right to receive the fruits
10. Right to acts of administration of property
3. Jus Abutendi: right to consume a thing by
owned in common [Art. 492, Civil Code]
use
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3. Will of private persons expressed in a last
4. What the liabilities of co-owners? will
4. Prescription [Art. 563, Civil Code]
Answer: The share of co- owners in benefits
and charges shall be proportional to their 8. Distinguish an antichresis from a
respective interests. Any stipulation to the usufruct.
contrary shall be void. Moreover, each co-
owner shall have a right to compel the other co- Answer: An antichresis is a contract allowing
owners to contribute to the expenses of a creditor to receive the fruits of a real property
preservation of the thing or right owned in of their debtor and to apply the said fruits to the
common and to taxes [Art. 485, Civil Code]. payment of the debtor’s interest and/or
principal. A usufruct, on the other hand, is a
5. What are the remedies if one is deprived right allowing the holder thereof to enjoy the
of possession? property of another with the obligation to
preserve the property’s form and substance.
Answer:
1. Accion interdictal: Possession of real An antichresis is always created by contract
property, within one year from and is an accessory to another principal
dispossession or knowledge of contract, while a usufruct may also be created
dispossession by law and by other acts. The subject property
2. Accion publiciana: Possession of real of an antichresis is always a real property,
property, more than one year from while a usufruct may have either real or
dispossession or knowledge of personal property as its subject property.
dispossession
3. Replevin: Possession of personal property 9. What are the requisites for an action for
quieting of title?
6. What are the periods for acquisitive
prescription? Answer:
1. Plaintiff must have a legal or an equitable
Answer: title to or interest in the real property
1. Ordinary prescription (possession of things subject of the action [Art. 477, Civil Code]
in good faith and with just title): Possession (Note that plaintiff need not be in
of 10 years [Arts. 1117 and 1134, Civil possession of said property.); and
Code] 2. The deed, claim, encumbrance, or
2. Extraordinary prescription (uninterrupted proceeding claimed to be casting a cloud
adverse possession , without need of title on plaintiff’s title must be shown to be in
or of good faith): 30 years [Art. 1137, Civil fact invalid or inoperative despite its prima
Code] facie appearance of validity or legal
efficacy. Such cloud must be due to some
7. What is a usufruct? instrument, record, claim, encumbrance or
proceeding which is apparently valid but is
Answer: Usufruct is a temporary real right in truth invalid, ineffective, voidable or
which gives a right to enjoy the property as well unenforceable, and is prejudicial to the
as its fruits of another with the obligation of plaintiff’s title [476, Civil Code; Filipinas
preserving its form and substance, unless the Eslon Manufacturing Corp. v. Heirs of
title constituting it or the law otherwise Llanes, G.R. No. 194114, (2019)].
provides. [Art. 562, Civil Code]

It is constituted by:
1. Law
2. Will of private persons expressed in acts
inter vivos

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IV. LAND TITLES AND 3. A trustee may apply for registration on

behalf of his principal [Sec. 14, par. 4,
DEEDS P.D. 1529, as amended by R.A. No.
11573]

1. What is the difference between a Title and Rules for Non-Residents

Certificate of Title? Non-resident applicants must file their
application through a duly authorized
Answer: A title constitutes a just cause of representative or attorney-in-fact, whose
exclusive possession, or which is the authority as such shall accompany the
foundation of ownership of property. On the application.
other hand, a certificate of title is mere
evidence of ownership and is not the title to the A special power of attorney executed before
land itself [Castillo v. Escutin, G.R. No. 171057 a notary public or other competent official in
(2009)]. a foreign country cannot be admitted in
evidence unless it is duly certified in
2. Who can apply for original registration? accordance with Sec. 24, Rule 132 of the
Rules of Court [Lopez v. CA, G.R. No.
Answer: 127827 (2003)].
Under Sec. 14, P.D. 1529 as amended by Under Sec. 12, C.A. No. 141
Sec. 6, R.A. No. 11573 Any person who:
1. Those who by themselves or through 1. Is a citizen of the Philippines over the
their predecessors-in-interest have been age of 18, or the head of a family
in open, continuous, exclusive and 2. Does not own more than 24 hectares of
notorious possession and occupation of land in the Philippines, or has not had
alienable and disposable lands of the the benefit of any gratuitous allotment of
public domain not covered by existing more than 24 hectares of land since the
certificates of title or patents under a occupation of the Philippines by the
bona fide claim of ownership for at least United States
twenty (20) years immediately preceding Under R.A. No. 8371 (IPRA)
the filing of the application for 1. Individual members of cultural
confirmation of title except when communities with respect to individually-
prevented by war or force majeure. They owned ancestral lands who, by
shall be conclusively presumed to have themselves or through their
performed all the conditions essential to predecessors-in-interest, have been in
a Government grant and shall be entitled continuous possession and occupation
to a certificate of title under this section. of the same in the concept of owner
2. Those who have acquired ownership of since time immemorial or for a period of
private lands or abandoned riverbeds by not less than thirty (30) years
right of accession or accretion under the immediately preceding the approval of
provisions of existing laws. this Act and uncontested by the
3. Those who have acquired ownership of members of the same ICCs/IPs shall
land in any other manner provided for by have the option to secure title to their
law ancestral lands
2. Option granted shall be exercised within
Special Rules 20 years from the approval of R.A. No.
1. All the co-owners shall file the 8371
application jointly [Sec. 14, par. 2, P.D.
1529 as amended by R.A. No. 11573]
2. The vendor a retro may file an
application for the original registration of
the land [Sec. 14, par. 3, P.D. 1529, as
amended by R.A. No. 11573]

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3. What is the effect of registration under 6. What are the requisites to claim
the Torrens system? assurance fund?

Answer: Answer:
1. Land is placed under the operation of the 1. A person sustains loss or damage, or is
Torrens system. deprived of any estate or interest in land;
2. Claims and liens of whatever character 2. Damage is on account of the bringing of
existing against the land prior to the land under the operation of the Torrens
issuance of the certificate of title are cut off System arising after original registration;
by such certificate. 3. Such damage is done through fraud, error,
3. Title to the land becomes non-prescriptible. omission, mistake or misdescription in a
4. Torrens certificate is presumed valid and certificate of title or entry or memorandum
devoid of flaws. in the registration book;
4. There is no negligence on his part; and
4. What is the effect of non-registration? 5. Claimant is barred or precluded from
bringing an action for the recovery of such
Answer: It shall not be valid against any land or estate or interest therein
person unless registered except on (1) the [Stilianopoulos v. Register of Deeds, G.R.
grantor, (2) his heirs and devisees and (3) third No. (2018)].
persons having actual notice or knowledge
thereof.
V. SUCCESSION
Exceptions:
1. Is a prior and separate judicial
1. The grantor;
declaration of heirship a prerequisite before
2. His heirs and devisees; and
one can file an ordinary civil action to
3. Third persons having actual notice or
enforce ownership rights acquired by virtue
knowledge thereof.
of succession?
5. When is a notice of lis pendens proper
Answer: No. The Supreme Court ruled that
and not proper?
unless there is a pending special proceeding
for the settlement of the decedent's estate or
Answer:
A notice of lis pendens is proper in the following
for the determination of heirship, the
cases: compulsory or intestate heirs may commence
1. To recover possession of real estate an ordinary civil action to declare the nullity of
2. To quiet title a deed or instrument, and for recovery of
3. To remove clouds upon the title thereof property, or any other action in the
4. For partition enforcement of their ownership rights acquired
5. Other proceedings of any kind in court by virtue of succession, without the necessity
directly affecting the title to land or the use or of a prior and separate judicial declaration of
occupation thereof or the buildings thereon their status as such [Treyes v. Larlar, G.R. No.
232579 (2020)]. The rights to succession are
A notice of lis pendens is NOT proper in the transmitted from the moment of the death of the
following cases: decedent [Art. 777, Civil Code].
1. Proceedings for the recovery of money
judgments
2. Attachments
3. Proceedings on the probate of wills
4. Administration of the estate of deceased
persons
5. Levies on execution
6. Foreclosure [Magdalena Homeowners
Association, Inc. v. CA, GR No. 60323
(1990)]

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2. What are the requisites for a valid that the testator meant the revocation of the old
holographic will? to depend upon the efficacy of the new
disposition intended to be substituted, the
Answer: revocation will be conditional and dependent
Formal requirements: upon the efficacy of the new disposition; and if
1. In writing [Art. 804, Civil Code]; for any reason, the new will intended to be
2. In a language known to the testator [Art. made as a substitute is inoperative, the
804, Civil Code]; and revocation fails and the original will remain in
3. Entirely written, dated and signed in the full force. The failure of the new testamentary
hand of the testator himself [Art. 810, Civil disposition upon whose validity the revocation
Code]. depends is equivalent to the non-fulfillment of
a suspensive condition and hence prevents the
Witnesses Required for Probate [Art. 811, Civil revocation [Molo v. Molo, G.R. No. L-2538
Code]: (1951)].
1. At least one (1) witness who knows the
handwriting and signature of the testator; 5. M, single, named his sister N in his will,
explicitly declare that it is the testator’s; as a devise over a certain parcel of land that
2. If contested – at least three (3) of such he owned, with the obligation of preserving
witnesses; the land and transferring it, upon N's death,
3. In the absence of a competent witness, to her illegitimate daughter O, who was then
expert testimony may be resorted to only a year old. Is the condition imposed on
N to preserve the land and to transmit it
3. Are lawyers disqualified from being upon her death to a valid case of
witnesses to a will? fideicommissary substitution? [2019 BAR]

Answer: No. Article 820 of the Civil Code Answer: Yes, this is a valid case of
provides that, "[a]ny person of sound mind and fideicommissary substitution. Art. 863 of the
of the age of eighteen years or more, and not Civil Code provides that a fideicommissary
blind, deaf or dumb, and able to read and write, substitution by virtue of which the fiduciary or
may be a witness to the execution of a will first heir instituted is entrusted with the
mentioned in Article 805 of this Code." Here, obligation to preserve and to transmit to a
the attesting witnesses to the will in question second heir the whole or part of the inheritance,
are all lawyers equipped with the shall be valid any shall take effect, provided
aforementioned qualifications. In addition, they such substitution does not go beyond one
are not disqualified from being witnesses under degree from the heir originally instituted. First,
Article 821 of the Civil Code, even if they all there is the absolute obligation imposed upon
worked at the same law firm at the time. the fiduciary N to preserve and to transmit to
[Tanchanco v. Santos, G.R. No. 204793 the fideicommissary the part of the inheritance.
(2020)] Second, O, the fideicommissary, as the
fiduciary's illegitimate daughter is one degree
4. What is the Theory of Dependent Relative from the fiduciary. Furthermore, O's illegitimate
Revocation? status is of no moment because Art. 863,
referring to the "heir" does not distinguish
Answer: Generally, a revocation made in a between legitimate from illegitimate
subsequent will shall take effect, even if the relationships.
new will should become inoperative by reason
of the incapacity of the heirs, devisees or
legatees designated therein, or by their
renunciation [Art. 832, Civil Code]. However,
under the Doctrine of Dependent Relative
Revocation, the rule is that where the act of
destruction is connected with the making of
another will so as to fairly raise the inference

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6. What is the order of intestate grandparent-by their right of representation.
succession? Both marital and nonmarital children, whether
born from a marital or nonmarital child, are
Answer: blood relatives of their parents and other
Decedent is Decedent is Decedent is ascendants [Aquino v. Aquino, G.R No.
a an an Adopted 208912 (2021)].
Legitimate Illegitimate Child
Child Child VI. OBLIGATIONS
Legitimate Legitimate Legitimate
children or children or children or
1. When is demand not necessary to make
descendants descendants descendants
the debtor in default?
(LCD) (LCD) (LCD)
Legitimate Illegitimate Illegitimate Answer: The following are the instances when
parents or children or children or demand is not necessary to make the debtor in
ascendants descendants descendants
default:
(LPA) (ICD) (ICD) 1. When the obligation or the law expressly so
Illegitimate Illegitimate Legitimate or declare; or
children or parents (IP) illegitimate 2. When from the nature and the
descendants parents, or circumstances of the obligation it appears
(ICD) legitimate that the designation of the time when the
ascendants, thing is to be delivered or the service is to
adoptive be rendered was a controlling motive for
parents the establishment of the contract; or
Surviving Surviving Surviving 3. When demand would be useless, as when
spouse (SS) spouse (SS) spouse (SS) the obligor has rendered it beyond his
Brothers and Illegitimate Brothers and power to perform [Art. 1169, Civil Code].
sisters/ brothers and sisters/
Nephews sisters/ Nephews 2. What are the breaches of obligations?
and nieces nephews and nieces
(BS/NN) and nieces (BS/NN) Answer: Those who in the performance of
(IBS/NN) their obligations are guilty of the following are
Legitimate State State liable for damages [Art. 1170, Civil Code]:
collateral 1. Fraud (dolo): Deliberate and intentional
relatives evasion of the normal fulfillment of
within the 5th obligations.
degree (C5) 2. Negligence (culpa): Fault or negligence of
State the debtor as an incident in the fulfillment
of an existing obligation.
7. May a child whose parents did not marry 3. Delay (mora): Delay in the fulfillment of the
each other inherit from their grandparent by obligation, imputable to the debtor.
their right of representation? 4. Those who in any manner contravene the
tenor thereof: Covers any illicit act which
Answer: Yes, regardless of the grandparent’s impairs the strict and faithful fulfillment of
marital status at the birth of the child’s parent. the obligation.
The Supreme Court abandoned the
presumption that nonmarital children are 3. What are the modes of extinguishing
products of illicit relationships or that they are obligations?
automatically placed in a hostile environment
perpetrated by the marital family. The Court Answer:
adopts a construction of Art. 992 of the Civil 1. By payment or performance
Code that makes children, regardless of the 2. By the loss of the thing due
circumstances of their births, qualified to inherit 3. By the condonation or remission of the debt
from their direct ascendants-such as their
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4. By the confusion or merger of the rights of 4. That they be liquidated and demandable;
creditor and debtor 5. That over neither of them there be any
5. By compensation retention or controversy, commenced by
6. By novation third persons and communicated in due
7. By annulment time to the debtor [Art. 1279, Civil Code].
8. By rescission
9. By fulfillment of a resolutory condition 5. What is the concept of novation and its
different kinds?
2. Differentiate consignation from tender of
payment. Answer: It is the substitution or change of an
obligation by another resulting in its
Answer: extinguishment or modification by:
Tender of Payment Consignation 1. Changing their object or principal
Manifestation made Deposit of the object conditions;
by the debtor to the of obligation in a 2. Substituting the person of the debtor; or
creditor of his desirecompetent court in 3. Subrogating a third person in the rights of
to comply with his accordance with the the creditor [Art. 1291, Civil Code]
obligation, with offerrules prescribed by
of immediate law whenever the 6. What are the requisites of novation?
performance. creditor unjustly
refuses payment or Answer:
because of some 1. A previous valid obligation [Art. 1298, Civil
circumstances which Code]
render direct 2. Agreement of all the parties to the new
payment to the obligation
creditor impossible 3. Animus novandi or intent to novate.
or inadvisable. Novation is never presumed, and the
Antecedent or Principal act animus novandi, whether totally or partially,
preparatory act must appear by express agreement of the
Extrajudicial Judicial parties, or by their acts that are too clear
and unmistakable” [Philippine Savings
3. What is the effect of the remission of the Bank v. Mañalac, Jr., G.R. No. 145441
principal debt with respect to the accessory (2005)]
obligation and vice versa? 4. Substantial difference between old and
new obligations and, consequently,
Answer: The renunciation of the principal debt extinguishment of the old obligation
shall extinguish the accessory but the waiver of [Implied from Art. 1299, Civil Code]
the latter shall leave the former in force [Art. 5. Validity of the new obligation [Art. 1297,
1273, Civil Code]. Civil Code]

4. What are the requisites for Note: The Civil Code now admits the so-called
compensation? imperfect or modificatory novation where the
original obligation is not extinguished but
Answer: The requisites of compensation are: modified or changed in some of the principal
1. That each one of the obligors be bound conditions of the obligation [Modomo v. Sps.
principally, and that he be at the same time Layug, G.R. No. 197722 (2019)].
a principal creditor of the other;
2. That both debts consist in a sum of money,
or if the things due are consumable (note:
refers to fungible objects), they be of the
same kind, and also of the same quality if
the latter has been stated;
3. That the two debts be due;
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VII. CONTRACTS 5. All other contracts specially declared by

law to be subject to rescission [Art. 1381,
Civil Code]
1. What is a reformation of an instrument
and in what cases is reformation of an
Rescissible contracts create an obligation of
instrument proper?
mutual restitution or the obligation to return the
things which were the object of the contract,
Answer:
together with their fruits, and the price with its
Reformation is a remedy in equity by means of
interests. However, if the object of the contract
which a written instrument is made or
is in the possession of third persons in good
construed so as to express or conform to the
faith, rescission cannot take place and
real intention of the parties when some error or
indemnity for damages may be demanded from
mistake has been committed.
the person causing the loss. [Art. 1385, Civil
1. There must be a meeting of the minds of
Code]
the contracting parties
2. Their true intention is not expressed in the
3. What is the difference between a
instrument;
rescissible contract and voidable contract?
3. Such failure to express their true intention
is due to mistake, fraud, inequitable
Answer:
conduct, or accident; and
Rescissible: A contract that has caused a
4. There is clear and convincing proof of
particular damage to one of the parties or to a
mistake, fraud, inequitable conduct, or
third person and which for equitable reasons
accident [Art. 1359, Civil Code].
may be set aside even if valid.
Reformation is proper in cases where there is:
Voidable: A contract in which consent of one of
1. Mistake [Arts. 1361–1363, Civil Code]
the parties is defective, either because of want
2. Fraud [Arts. 1362–1363, Civil Code]
of capacity or because it is vitiated, but which
3. Inequitable conduct [Arts. 1362, Civil Code]
contract is valid until judicially set aside.
4. Accident [Arts. 1364, Civil Code]
5. Severe Pacto de Retro/Relative Simulation
4. What are the ways of
[Arts. 1365, Civil Code]
convalidating/ratifying a voidable contract?
2. What are rescissible contracts and their
Answer:
effects?
1. By prescription of the action for annulment
[Art. 1391, Civil Code]
Answer:
2. By ratification or confirmation [Art. 1392-
1. Those which are entered into by guardians
1396, Civil Code]
whenever the wards whom they represent
3. By loss of the thing which is the object of
suffer lesion by more than one-fourth of the
the contract through the fraud or fault of the
value of the things which are the object
person who is entitled to institute the action
thereof;
for the annulment [Art. 1401, Civil Code]
2. Those agreed upon in representation of
absentees, if the latter suffer the lesion
5. What contracts are unenforceable? What
stated in the preceding number;
are the contracts covered by the statute of
3. Those undertaken in fraud of creditors
frauds?
when the latter cannot in any other manner
collect the claims due them;
Answer:
4. Those which refer to things under litigation
1. Those entered into in the name of another
if they have been entered into by the
person by one who has been given no
defendant without the knowledge and
authority or legal representation or who has
approval of the litigants or of competent
acted beyond his powers
judicial authority;
2. Those that do not comply with the State of
Frauds

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a. An agreement that by its terms is not to 7. What are the characteristics of a void
be performed within a year from the contract?
making thereof;
b. A special promise to answer for the Answer:
debt, default, or miscarriage of another; 1. It does not produce any legal effect;
c. An agreement made in consideration of 2. It is not susceptible of ratification;
marriage, other than a mutual promise 3. The right to set up the defense of
to marry; inexistence or absolute nullity cannot be
d. An agreement for the sale of goods, waived or renounced;
chattels or things in action, at a price 4. The action or defense for the declaration of
not less than five hundred pesos, their inexistence or nullity is imprescriptible
unless the buyer accept and receive [Art. 1410, Civil Code];
part of such goods and chattels, or the 5. The inexistence or absolute nullity of a
evidences, or some of them, of such contract cannot be invoked by a person
things in action or pay at the time some whose interests are not directly affected
part of the purchase money; but when [Art. 1421, Civil Code].
a sale is made by auction and entry is
made by the auctioneer in his sales 8. What is the pari delicto principle and its
book, at the time of the sale, of the effect on the collection of interest?
amount and kind of property sold,
terms of sale, price, names of the Answer: Parties to a void agreement cannot
purchasers and person on whose expect the aid of the law; the courts leave them
account the sale is made, it is a as they are, because they are deemed in pari
sufficient memorandum; delicto or "in equal fault". While as a general
e. An agreement of the leasing for a rule, no interest can be recovered nor made
longer period than one year, or for the [Menchavez v. Teves, G.R. No. 153201
sale of real property or of an interest (2005)], as an exception to the pari delicto
therein; principle, payment of usurious interest paid in
f. A representation as to the credit of a excess of the interest may be recovered by the
third person. debtor [Art. 1413, Civil Code].
3. Those where both parties are incapable of
giving consent [Art. 1403, Civil Code] X. SALES
6. What are void contracts?
1. When is a contract of sale perfected?
Answer:
Answer: At the moment there is a “meeting of
1. Those whose cause, object or purpose is
the minds” upon the thing which is the object of
contrary to law, morals, good customs,
the contract and upon the price [Art. 1475, Civil
public order or public policy;
Code].
2. Those which are absolutely simulated or
fictitious;
2. Distinguish Contract of Sale and Contract
3. Those whose cause or object did not exist
to Sell
at the time of the transaction;
4. Those whose object is outside the
Answer: In a Contract of Sale, title to the
commerce of men;
property passes to the vendee upon the
5. Those which contemplate an impossible
delivery of the thing sold.
service;
6. Those where the intention of the parties
In a Contract to Sell, ownership is, by
relative to the principal object of the
agreement, reserved in the vendor and is not
contract cannot be ascertained;
to pass to the vendee until full payment of the
7. Those expressly prohibited or declared
purchase price. Payment of the price is a
void by law
positive suspensive condition, failure of which
is not a breach but an event that prevents the
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obligation of the vendor to convey title from 2. Buyer has paid less than 2 years: Buyer
becoming effective. has right to a grace period of at least 60
days [RA 6552, Sec. 4]
3. What are the requisites for the rule on
double sales to apply? After such, the seller can give notice of
rescission by notarial act of rescission or a
Answer: judicial rescission
1. Two or more valid sales;
2. Same subject matter; 7. What are the remedies to a seller in case
3. Two or more buyers with conflicting of default by the buyer under Recto Law?
interests over the rightful ownership of the
thing sold; Answer: Under this law, the seller has three
4. Same seller. (3) alternative and exclusive remedies:
1. Action for Specific Performance
4. What are the rules on preference in 2. Cancellation of sale if vendee fails to pay
double sales? two (2) or more installments
3. Foreclosure of Chattel Mortgage if vendee
Answer: fails to pay 2 or more installments
1. Personal property: First possessor in good
faith [Art. 1544, Civil Code] 8. What are the instances when the contract
2. Real property [Art. 1544, Civil Code]: is presumed to be one of equitable
a. The ownership shall belong to the mortgage?
person acquiring it who in good faith
first recorded it in the Registry of Answer: The presumption exist in the following
Property. circumstances: [Art. 1602, Civil Code]
b. Should there be no inscription: The 1. Price unusually inadequate;
ownership shall pertain to the person 2. Possession retained by the seller as lessee
who in good faith was the first in or otherwise;
possession. 3. Period of redemption extended (or granted
c. In the absence of a person first in anew) upon or after the expiration of the
possession: The ownership shall right to repurchase;
pertain to the person who presents the 4. Part of the purchase price retained by the
oldest title, provided there is good faith. seller;
5. Payment of taxes on the thing sold borne
5. What are the effects of Maceda and Recto by the seller;
laws in connection with sales on 6. Any other case where it may be fairly
installments? inferred that the Real intention of the
parties is for the transaction to secure a
Answer: The Maceda Lawis applicable to debt or other obligation.
sales of immovable property on installments
when buyer defaults. Recto Law is intended to The remedy in such cases, if proven to be an
apply to sales of movables when price is equitable mortgage, is the reformation of the
payable in two (2) or more installments. instrument.

6. What are the additional requirements on XI. LEASE

the part of the seller for a valid rescission
imposed under the Maceda Law?
1. Would an implied new lease extend the
Answer: life of the option to purchase originally
1. If the buyer paid 2 years of installments granted under the original lease contract?
before default: Buyer has right to a grace
period of 1 month per year once every 5 Answer: No. Only the terms that affect the
years [RA 6552, Sec. 3] lessee's continued use and enjoyment of the
property would be considered part of the
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implied renewal. The option to purchase which XII. AGENCY
expired at the end of the original lease period
is not extended.
1. What is the extent of the agency if it
2. May the lessee sue the lessor for damage grants the agent general and unlimited
to the leased property due to lack of repairs management over the principal’s
and maintenance? properties, stating that the principal
withholds no power from the agent and that
Answer: Yes, he may be held liable for breach the agent may execute such acts as he may
of contract. The lessor is obliged to make all consider appropriate?
the necessary repairs in order to keep the
leased property suitable for the use to which it Answer: The agency comprises only acts of
has been devoted [Art. 1654(2), Civil Code]. administration. An agency couched in general
terms comprises only acts of administration
3. What are the rights of a lessor in case a even if the principal should state that he
building or an improvement is introduced to withholds no power or that the agent may
the leased lot? execute such acts as he may consider
appropriate, or even though the agency should
Answer: [Art. 1678, Civil Code] authorize a general and unlimited management
1. Useful improvement in Good Faith + no [Art. 1877, Civil Code].
alteration to form or substance of the
property: May reimburse 1⁄2 of value of 2. When is a special power of attorney
improvements and keep such OR refuse required?
and require the lessee to remove the
improvements Answer:
2. Ornamental expenses: No need to pay to 1. To make such payments as are not usually
retain them if lessee does not remove considered as acts of administration;
2. To effect novations which put an end to
4. May a lessee sublease the property obligations already in existence at the time
leased without the consent of the lessor? the agency was constituted;
3. To compromise, to submit questions to
Answer: Yes, provided that there is no express arbitration, to renounce the right to appeal
prohibition against subletting in the contract, from a judgment, to waive objections to the
without prejudice to his responsibility for the venue of an action or to abandon a
performance of the contract toward the lessor prescription already acquired;
[Art. 1650, Civil Code]. 4. To waive any obligation gratuitously;
5. To enter into any contract by which the
5. What are the liabilities of a sublessee? ownership of an immovable is transmitted
or acquired either gratuitously or for a
Answer: The sublessee is bound to the lessor: valuable consideration;
1. For all acts which refer to the use and 6. To make gifts, except customary ones for
preservation of the thing leased in the charity or those made to employees in the
manner stipulated between the lessor and business managed by the agent;
the lessee [Art. 1651, Civil Code]. 7. To loan or borrow money, unless the latter
2. Subsidiarily liable for any rent due from the act be urgent and indispensable for the
lessee, not beyond the amount of rent due preservation of the things which are under
from him [Art. 1652, Civil Code]. administration;
8. To lease any real property to another
person for more than one year;
9. To bind the principal to render some
service without compensation;
10. To bind the principal in a contract of
partnership;

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11. To obligate the principal as a guarantor or Commodatum Mutuum
surety; loaned before the before the lapse of
12. To create or convey real rights over expiration of the term the term agreed
immovable property; in case of urgent upon except under
13. To accept or repudiate an inheritance; need or if the bailee Art. 1198 when the
14. To ratify or recognize obligations commits acts of debtor loses the right
contracted before the agency; ingratitude. to make use of the
15. Any other act of strict dominion [Art. 1878, period.
Civil Code]. Loss of the subject Borrower suffers the
matter by a fortuitous loss even if caused
3. What is an agency coupled with an event is suffered by exclusively by a
interest? the bailor since he is fortuitous event and
the owner. he is not therefore
Answer: The Court defined an agency coupled discharged from his
with an interest as one that cannot be revoked duty to pay.
or withdrawn by the principal due to an interest Purely personal Not purely personal
of a third party that depends upon it, or the
mutual interest of both principal and agent 2. Can there be a liability for interest even in
[Philex Mining v. CIR, G.R. No. 148187 the absence of a stipulation to pay interest?
(2008)].
Answer: Yes. There are two exceptions to Art.
XIII. CREDIT 1956, Civil Code:
1. If the obligation consists in the payment of
TRANSACTIONS a sum of money, and the debtor incurs in
delay, the indemnity for damages, there
1. Distinguish Commodatum from Mutuum. being no stipulation to the contrary, shall be
the payment of the interest agreed upon,
Answer: and in the absence of stipulation, the legal
Commodatum Mutuum interest, which is six percent per annum
Not consumable Money or other [Art. 2209, Civil Code];
consumable thing 2. Interest due shall earn legal interest from
Exception: the time it is judicially demanded, although
Consumable goods the obligation may be silent upon this point
may be the subject of [Art. 2212, Civil Code].
commodatum if the
purpose if the 3. When an obligation is breached and it
contract is not the consists in the payment of a sum of money
consumption of the (i.e. loan or forbearance of money), what are
object as when it is the rules for the award of interest?
merely for exhibition
[Art. 1936, Civil Answer: [Lara’s Gifts & Decors v. Midtown
Code]. Industrial Sales, G.R. No. 225433 (2019)]
Ownership retained Ownership
by lender transferred to When the obligation is breached, and it
consists in the payment of a sum of money (i.e,
borrower
a loan or forbearance of money, goods, credits
Essentially Gratuitous or
or judgments):
gratuitous onerous (with
1. The interest due shall be that which is
stipulation to pay
stipulated by the parties in writing, provided
interest)
it is not excessive and unconscionable.
May be real or Only personal
2. In the absence of a stipulated reckoning
personal property property
date, interest shall be computed from
Bailor may demand Lender may not
default, i.e., from extrajudicial or judicial
the return of the thing demand its return
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demand in accordance with Art. 1169 of the 4. When such certainty cannot be so
Civil Code, UNTIL FULL PAYMENT, reasonably established at the time the
without compounding any interest demand is made, the interest shall begin to
a. Exception: when compounded interest run only from the date of the judgment of
is expressly stipulated by the parties, the trial court (at which time the
by law or regulation. quantification of damages may be deemed
3. Interest due on the principal amount to have been reasonably ascertained)
accruing as of judicial demand shall UNTIL FULL PAYMENT.
SEPARATELY earn legal interest at the 5. The actual base for the computation of the
prevailing rate prescribed by the Bangko interest shall, in any case, be on the
Sentral ng Pilipinas, from the time of principal amount finally adjudged, without
judicial demand UNTIL FULL PAYMENT compounding any interest unless
compounded interest is expressly
In the absence of stipulated interest, in a loan stipulated by law or regulation.
or forbearance of money, goods, credits or
judgments: 4. What are the 2 kinds of deposit?
1. The rate of interest on the principal amount
shall be the prevailing legal interest Answer:
prescribed by the Bangko Sentral ng 1. Judicial [Arts. 1964, 2005, Civil Code]
Pilipinas, which shall be computed from a. Takes place when an attachment or
default, i.e., from extrajudicial or judicial seizure of the property in litigation is
demand in accordance with Art. 1169 of the ordered.
Civil Code, UNTIL FULL PAYMENT, b. Auxiliary to a case pending in court.
without compounding any interest unless c. To maintain the status quo during the
compounded interest is expressly pendency of the litigation or to insure
stipulated by law or regulation. the right of the parties to the property in
2. Interest due on the principal amount case of a favorable judgment.
accruing as of judicial demand shall 2. Extrajudicial [Arts. 1968, 2004, Civil Code]
SEPARATELY earn legal interest at the a. Voluntary: The delivery is made by the
prevailing rate prescribed by the Bangko will of the depositor [Art. 1968, Civil
Sentral ng Pilipinas, from the time of Code]
judicial demand UNTIL FULL PAYMENT. b. Necessary: Made in compliance with a
legal obligation, or on the occasion of
When the obligation, not constituting a loan or any calamity, or by travelers in hotels
forbearance of money, goods, credits or and inns, or by travelers with common
judgments, is breached: carriers [Art. 1996, Civil Code]
1. An interest on the amount of damages
awarded may be imposed in the discretion 5. Distinguish Guaranty from Suretyship.
of the court at the prevailing legal interest
prescribed by the Bangko Sentral ng Answer:
Pilipinas, pursuant to Arts. 2210 and 2011 Guaranty Suretyship
of the Civil Code. Guarantor’s liability Surety assumes
2. No interest shall be adjudged on depends upon an liability as a regular
unliquidated claims or damages until the independent party to the
demand can be established with agreement to pay undertaking
reasonable certainty. the obligation if the
3. Where the amount of the claim or damages principal debtor fails
is established with reasonable certainty, to do so
the prevailing legal interest shall begin to Guarantor’s Surety is charged as
run from the time the claim is made engagement is a an original promisor
extrajudicially or judicially [Art. 1169, Civil collateral
Code] UNTIL FULL PAYMENT. undertaking

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Guaranty Suretyship General Rule: The guarantor has the right to
Guarantor is Surety is primarily benefit from excussion/exhaustion.
secondarily liable liable
Guarantor only binds Surety undertakes to Exception: The excussion shall not take place:
himself to pay if the pay if the principal 1. If the guarantor has Expressly renounced
principal cannot or is does not pay, it;
unable to pay without regard to his 2. If he has bound himself Solidarily with the
ability to do so debtor;
Guarantor insures Surety insures the 3. In case of Insolvency of the debtor;
the solvency of the debt 4. When he has Absconded, or cannot be
debtor sued within the Philippines unless he has
Guarantor does not Surety must pay the left a manager or a representative;
contract that the creditor without 5. If it may be Presumed that an execution on
principal will pay, but qualification if the the property of the principal debtor would
simply that he is able principal debtor does not result in the satisfaction of the
to do so not pay. Hence, the obligation [Art. 2059, Civil Code];
responsibility or 6. Other Exceptions:
obligation assumed a. If he does not comply with Art. 2060;
by the surety is b. If he is a judicial bondsman and sub-
greater or more surety [Art. 2084, Civil Code];
onerous than that of c. Where a pledge or mortgage has been
a guarantor given by him as a special security
Guarantor can avail Surety cannot avail [Southern Motors, Inc. v. Barbosa,
of the benefit of the benefit of G.R. No. L-9306 (1956)]; or
excussion and excussion and d. If he fails to interpose it as a defense
division in case the division before judgment is rendered against
creditor proceeds him.
against him
Guarantor not bound Surety held to know 7. What is the definition of a security
to take notice of the every default of the agreement under the PPSA?
non-performance of principal
the principal Answer: The secured transaction under the
PPSA is called the security agreement.
6. What is the rule on the Benefit of 1. It is a consensual contract, perfected by the
Excussion? meeting of the minds of the grantor and the
secured creditor. [Somera]
Answer: The guarantor cannot be compelled a. The agreement must be contained in a
to pay the creditor unless the latter has [Art. written contract [Sec.6, PPSA]
2058, Civil Code]: b. Writing, for the purposes of the PPSA,
1. Exhausted all of the property of the debtor; includes electronic records [Sec. 3(k),
and PPSA]
2. Resorted to all the legal remedies against 2. It is an accessory obligation entered into by
the debtor. a person who grants a property right to
another person, in order to secure the
To avail of the benefit of excussion, the payment or performance of an obligation.
guarantor must [Art. 2060, Civil Code]: [Somera]
1. Set it up against the creditor upon demand
for payment; and 8. What is the definition of a security
2. Point out to the creditor available property interest under the PPSA?
of the debtor within PH territory sufficient to
cover the amount of the debt. Answer: A security interest is a property right
in collateral that secures payment or other
performance of an obligation, regardless of:

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1. Whether the parties have denominated it 4. What are the elements of res ipsa
as a security interest; and loquitur?
2. The type of asset, the status of the grantor
or secured creditor, or the nature of the Answer:
secured obligation, including the right of a 1. The accident is of a kind which ordinarily
buyer of accounts receivable and a lessor does not occur in the absence of
under an operating lease for not less than someone’s negligence;
one (1) year. [Sec. 3(j), PPSA] 2. It is caused by an instrumentality within the
exclusive control of the defendant or
9. What are Acceleration Clauses? defendants; and
3. The possibility of contributing conduct,
Answer: Acceleration clause is a stipulation which would make the plaintiff responsible,
stating that on the occasion of the mortgagor’s is eliminated
default, the whole sum remaining unpaid
automatically becomes due and demandable Mere invocation and application of the doctrine
[Luzon Development Bank v. Conquilla, G.R. does not dispense with the requirement of
No. 163338 (2005)]. proof of negligence. It is simply a step in the
process of such proof, permitting the plaintiff to
present along with the proof of the accident,
XIV. TORTS enough of the attending circumstances to
invoke the doctrine, creating an inference or
1. What are the elements of a quasi-delict?
presumption of negligence, and to thereby
Answer:
place on the defendant the burden of going
1. Act or omission;
forward with the proof [Ramos v. CA, G.R. No.
2. Damage to another;
124354 (1999)].
3. Negligence or fault;
4. Causal connection between the damage
5. What is the doctrine of last clear chance?
and negligence; and
5. No pre-existing contractual relationship
Answer: The doctrine of last clear chance,
[Art. 2176, Civil Code].
stated broadly, is that the negligence of the
plaintiff does not preclude a recovery for the
2. What is the doctrine of vicarious liability?
negligence of the defendant where it appears
that the defendant, by exercising reasonable
Answer: The doctrine of vicarious liability
care and prudence, might have avoided
provides that the obligation imposed under Art.
injurious consequences to the plaintiff
2176 (i.e., to pay for injury suffered) is also
notwithstanding the plaintiff's negligence.
demandable from those persons (natural or
[Bustamante v. CA, G.R. No. 89880 (1991)].
juridical) who are responsible for the person
who has committed a quasi-delict (i.e., the
6. What is proximate cause?
direct tortfeasor).
Answer: In order that civil liability for
3. What must one prove to make the
negligence may arise, there must be a direct
employer vicariously liable?
causal connection between the damage
suffered by the plaintiff and the act or omission
Answer:
of the defendant. Plaintiff must establish a
1. Existence of an employer-employee
sufficient link between the act or omission and
relationship between company and
the damage or injury. That link must not be
tortfeasor; and
remote or far-fetched; otherwise, no liability will
2. Tortious act had been committed while the
attach. The damage or injury must be a natural
tortfeasor was acting in the normal course
and probable result of the act or omission [Dy
of employment.
Teban Trading, Inc. v. Ching, G.R. No. 161803
(2008)].

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XV. DAMAGES Code [Sulpicio Lines v. Curso, G.R. No.

157009 (2010)].
1. What are the requisites for recovery of
5. When may moral damages be awarded?
actual damages?
Answer: Moral damages may be awarded
Answer: To seek recovery of actual damages,
when injury consists of:
it is necessary to prove the actual amount of
1. Physical suffering
loss with a reasonable degree of certainty,
2. Besmirched reputation
premised upon competent proof and on the
3. Mental anguish
best evidence obtainable [Asilo, Jr. v. People
4. Fright
and Sps. Bombasi, G.R. No. 159017-18
5. Moral shock
(2011); ICTSI v. Chua, G.R. No. 195031
6. Wounded feelings
(2014)].
7. Social humiliation
8. Serious anxiety
2. What is the formula for determining the
9. Similar injury [Art. 2217, Civil Code].
net earning capacity in case of loss or
impairment of earning capacity?

Answer: Net earning capacity = Life

Expectancy × (Gross annual income –
Reasonable living expenses) [People v.
Aringue, G.R. No. 116487 (1997); Candano v.
Sugata-On, G.R. 163212 (2007)]

Note: Life expectancy = 2/3 × (80 – age of

victim at the time of death)

3. When does interest accrue in the concept

of damages?

Answer:
1. The obligation consists in the payment of a
sum of money;
2. Debtor incurs in delay; and
3. There is no stipulation to the contrary.
[Lara’s Gifts & Decors, Inc., v. Midtown
Industrial Sales Inc., G.R. No. 225433
(2019)].

4. What are the requisites for awarding

moral damages?

Answer:
1. There must be an injury, whether physical,
mental, or psychological, clearly
substantiated by the claimant;
2. There must be a culpable act or omission
factually established;
3. The wrongful act or omission of the
defendant must be the proximate cause of
the injury sustained by the claimant; and
4. The award of damages is predicated on
any of the cases stated in Art. 2219, Civil
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