Memory Aid
CIVIL LAW
PERSONS AND FAMILY
RELATIONS
NEW CIVIL CODE
Theories on Personal Law:
1. Domiciliary theory - the personal laws of a person are determined by his domicile. 2. Nationality theory - the citizenship is the
basis for determining the personal laws of an individual.
Lex Rei Sitae - principle which applies the law of the place where the property (real/personal) is situated (Art. 16, par.1)
Exceptions: Successional Rights (CIAO)
1. C apacity to succeed
2. I ntrinsic validity of the will
3. A mount of successional rights
4. O rder of succession
Lex Loci Celebrationis
- principle which applies the law of the place where the contract was executed as far as the formalities and solemnities (extrinsic validity) are concerned.
• Prohibitive laws concerning persons, their acts and properties or those which have for their object public order, public policy or good customs shall not be rendered ineffective by laws or judgments promulgated, or by determinations or conventions agreed upon in a foreign country.
PERSONS
Civil Personality - is the aptitude of being the subject, active or passive, of rights and obligations.
Juridical Capacity/Legal Capacity - it is the fitness to be the subject of legal relations.
Capacity to act - the power to do acts with legal effects.
Distinctions:
Juridical Capacity Capacity to Act a) Passive b) Inherent c) Lost only through death d) Can exist without capacity to act e) Cannot be limited or restricted a) Active b) Merely acquired c) Lost through
death and other means and circumstances d) Always exists with juridical capacity e) Can be limited by certain circumstances • Birth determines personality; the law,
however, considers the conceived child as born for all purposes favorable to it, if it is later born alive. Its personality, therefore, has two characteristics:
1. it is essentially limited
2. it is provisional or conditional
Domicile - place of a person’s habitual residence.
Elements:
2. intention to remain permanently.
• Domicile of natural persons: place of habitual residence
• Domicile of juridical persons : place where their legal representation is established.
Kinds of Domicile:
1. Domicile of origin - received by a person at birth.
2. Domicile of choice - the place freely chosen by a person sui juris.
3. Constructive domicile - assigned to a child by law at the moment of his birth.
FAMILY CODE
Essential Requisites of Marriage:
1. legal capacity of the contracting parties, who must be male and female; and
2. consent freely given in the presence of a solemnizing officer.
Formal Requisites of Marriage:
1. authority of the solemnizing officer; 2. valid marriage license; and
3. marriage ceremony where the contracting parties appear before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than 2 witnesses of legal age.
Article 4 of the Family Code, provides that:
a) The absence of any of the essential or formal requisites shall render the marriage void ab initio except as stated in Art. 35 (2).
b) A defect in any of the essential requisites shall render the marriage voidable.
c) An irregularity in the formal requisites shall not affect the validity of the marriage, but the party responsible for such shall be civilly, criminally and administratively liable.
Persons authorized to solemnize marriage:
1. members of the judiciary;
2. priests, rabbis, ministers of any church; 3. ship captains or air plane chiefs;
4. consul generals, consuls or vice-consuls;
5. municipal and city mayors.
• A marriage license may be used anywhere in the Phil. but not in a foreign country. It is valid for 120 days.
• Art. 26 provides that where a marriage between a Fil. citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse, capacitating him/her to remarry, the Fil. spouse shall likewise have the capacity to remarry.
Except: If the Fil. spouse is the one who obtains a foreign divorce.
General Rule: Marriages solemnized in a foreign country in accordance with the laws of the foreign countries shall be valid in the Phil.
Exceptions:
1. either or both parties did not have the legal capacity to get married;
2. the marriage is immoral being bigamous or polygamous;
3. consent of one party is lacking because of mistake as to the identity of the other;
4. one of the parties is psychologically incapacitated at the time of the marriage; 5. incestuous marriages;
6. void marriages by reason of public policy; 7. subsequent marriages which are considered
void under Art. 53 of the Family Code.
Marriages EXEMPT from the license requirement:
1. Marriages in articulo mortis; 2. Marriages in remote places;
3. Marriages among Muslims or among members of the ethnic cultural communities, provided such was solemnized in accordance with their customs, rites and practices;
4. Marriages solemnized outside the Phil. where no marriage license is required by the country where it is solemnized;
5. Marriage of a man and a woman who have lived together as husband and wife for at least five years and without legal impediment to marry each other.
VOID Marriages:
A. Due to absence of any of the essential requisites:
1. contracted by any party below 18 years of age even with parental consent; 2. solemnized by any person not legally
authorized to perform marriages unless it was contracted with one or both of the parties believing in good faith that the
solemnizing officer had the legal authority;
3. those solemnized without a license except as otherwise provided;
4. those bigamous or polygamous marriages;
5. marriages contracted through mistake of one of the contracting parties as to the identity of the other;
6. those subsequent marriages that are void under Art. 53;
7. those contracted by a party who at the time of the celebration was psychologically incapacitated to comply with the marital obligations;
B. Incestuous marriages, whether the
relationship be legitimate or illegitimate:
1. between ascendants and descendants of any degree;
2. between bros. and sis. whether full or half blood.
C. Those contrary to public policy:
1. bet. collateral blood rel. whether legitimate/illegitimate up to the 4th civil degree;
2. bet. step-parents and step children; 3. bet. parents-in-law and children-in-law; 4. bet. the adopting parent and the adopted
child;
5. bet. the surviving spouse of the adopting parent and the adopted child;
6. bet. the surviving spouse of the adopted child and the adopter;
7. bet. an adopted child and a legitimate child of the adopter;
8. bet. the adopted children of the same adopter;
9. bet. parties where one with the intention to marry the other, killed that other person’s spouse, or his/her spouse.
PSYCHOLOGICAL INCAPACITY: • The cause of the incapacity must be:
a. clinically identified b. alleged in the complaint c. sufficiently proven by experts d. clearly explained in the decision • The incapacity must:
a. exist at the time of the celebration of the marriage;
b. be medically or clinically permanent or incurable;
c. grave enough to bring about the disability of the party to assume the essential obligations of
Kinds of BIGAMOUS marriages:
1. the VOID bigamous marriage contracted during the subsistence of a previous marriage;
2. the VOIDABLE bigamous marriage under Art.41.
Effects of Termination of the Subsequent Marriage:
1. children of the subsequent marriage conceived prior to its termination shall be considered legitimate;
2. the absolute community of prop. or the conjugal partnership shall be dissolved and liquidated. If either spouse acted in bad faith, his/her share in the net profits shall be forfeited:
a. in favor of the common children;
b. if none, in favor of the children of the guilty spouse by previous marriage; c. in default of children, the innocent
spouse.
3. donations by reason of the, marriage remain valid except if the donee contracted the marriage in bad faith;
4. the innocent spouse may revoke the designation of the spouse in bad faith as the beneficiary in any insurance policy;
5. the spouse who contracted the subsequent marriage in bad faith shall be disqualified to inherit from the innocent spouse by testate or intestate succession.
NOTE: The above effects apply in voidable bigamous marriage.
Except for (1), the above effects shall also apply to marriages which are declared void ab initio or annulled.
VOIDABLE Marriages:
1. that the party in whose behalf it is sought to have the marriage annulled was 18 years of age or over but below 21, and the marriage was solemnized without the consent of the parents, guardian or person exercising substitute parental authority over the party, in that order, unless after attaining the age of 21, such party freely cohabited with the other and both lived together as husband and wife;
2. that either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife;
3. that the consent of either party was obtained through fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife;
4. that the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared, such party freely cohabited with the other as husband and wife;
5. that the other party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable;
6. that either party was afflicted with sexually transmitted disease found to be serious and appears to be incurable.
Fraud referred to in Art. 45(3):
1. non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude;
2. concealment by the wife of a fact that at the time of the marriage, she was pregnant by a man other than her husband;
3. concealment of a sexually transmissible disease regardless of its nature existing at the time of the marriage;
4. concealment of drug addiction, habitual alcoholism, homosexuality or lesbianism existing at the time of the marriage.
Note: No other misrepresentation as to character, health, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage.
Ground Persons Who May Sue Prescriptive Period 1. Force, intimida-tion, undue influence 2. Incapa-bility to consum-mate / STD the injured party the injured party w/in 5 years from the time the force, intimidation or undue influence ceased. w/in 5 yrs. after the celebration of the marriage 3. Non- Consent a) Parent/ legal guardian having charge of the “no-consent” party b) ”No consent “ party -any time before the “no consent” party reaches 21 -w/in 5 years after reaching 21 4. Insanity a) sane
spouse -at anytime before the death of either party b) the rel., guardians or persons having legal charge of the insane c) the insane spouse -at anytime before the death of either party -during lucid interval or after regaining sanity
4. Fraud the injured
party w/in 5 years from the discovery of fraud
Doctrine of Triennial Cohabitation - a presumption that the husband is impotent should the wife still remain a virgin after living together with the husband for 3 years.
LEGAL SEPARATION Grounds:
1. repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner;
2. physical violence or moral pressure to compel petitioner to change religious or political affiliation;
3. attempt of the respondent to corrupt or induce the petitioner, a common child or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement;
4. final judgment sentencing the respondent to imprisonment of more than 6 years even if pardoned;
5. drug addiction, habitual alcoholism of the respondent;
6. lesbianism or homosexuality of the respondent;
7. contracting by the respondent of a subsequent bigamous marriage;
8. sexual infidelity or perversion;
9. abandonment of the petitioner by the respondent without justifiable cause for more than one year.
Defenses(C4MP):
1. C ondonation 4. Mutual Guilt
2. C onsent 5. Collusion
3. C onnivance 6. Prescription
Effects of filing a petition for legal separation:
1. The spouses are already entitled to live separately from each other;
2. The husband has no more right to have sexual intercourse with his wife;
3. In the absence of an agreement between the parties, the court shall designate the husband, the wife or a 3rd person, to manage the absolute community or conjugal partnership property.
Effects of decree of legal separation:
1. The spouses shall be entitled to live separately from each other but the marriage bond is not severed.
2. The absolute community or conjugal partnership shall be dissolved and liquidated.
3. The custody of the minor children shall be awarded to the innocent spouse subject to the provisions of Art. 213 of the Code.
4. The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate succession and the provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law.
5. The innocent spouse may revoke the donations made by him/her in favor of the offending spouse, as well as the designation of the latter as beneficiary in any insurance policy, even if the designation be irrevocable.
Effect of reconciliation of the spouses:
1. The legal separation proceedings, if still pending, shall thereby be terminated in whatever stage;
2. The final decree of legal separation shall be set aside, but the separation of property or any forfeiture of share of the guilty spouse already effected shall subsist, unless the spouses agree to revive their former property regime.
RIGHTS AND OBLIGATIONS OF THE SPOUSES
• The spouses are jointly responsible for the support of the family. Such support shall be satisfied in the following order:
1. from the community or conjugal property;
2. from the income or fruits of the separate properties of the spouses;
3. from the separate properties of the spouses.
PROPERTY RELATIONS BETWEEN THE HUSBAND AND THE WIFE:
Governed by:
1) the marriage settlements;
2) the provisions of the Family Code;
3) the local customs.
Donations by reason of marriage Distinctions: Donations Propter Nuptias Ordinary Donations 1. do not require express acceptance; 2. may include future properties. 1. express acceptance necessary; 2. cannot include future property.
General Rule: Every donation or grant or gratuitous advantage, direct or indirect, between the spouses during the marriage shall be VOID.
Except: Moderate gifts.
System of Absolute Community
• Community property shall consist of all property owned by the spouses at the time of the marriage or acquired thereafter. Except:
1. property acquired during the marriage by gratuitous title;
2. property for personal and exclusive use except jewelry
3. property acquired before the marriage by either spouse who has legitimate descendants by a former marriage
Charges Upon and Obligations of Absolute Community Property and Conjugal Property:
1. Support for family except for illegitimate children of either spouse;
2. Debts and obligations which must have been contracted in any of the following cases:
a. by administrator spouse, for the benefit of the family;
b. by both spouses
c. by one spouse with the consent of the other
3. Debts without marital consent, provided the family was benefited;
4. All taxes, liens, charges and expenses, including major or minor repairs upon community or conjugal property;
5. All taxes and expenses for mere preservation made during the marriage upon separate property of either spouse used by the family;
6. Expenses for education or self-improvement of either spouse;
7. Ante-nuptial debts of either spouse in so far as they have redounded to the benefit of the family;
8. The value of what is donated or promised by both spouses in favor of their common legitimate children for education or self-improvement;
9. Expenses of litigation between spouses unless found to be groundless
• The separate properties shall be solidarily and subsidiarily liable for the obligations if the community or conjugal properties are insufficient.
• The absolute community properties shall also be liable for ante-nuptial debts not falling under no. 7, support of illegitimate children, and liabilities incurred by the other spouse by reason of a crime or quasi-delict in case of insolvency of the exclusive property of the debtor spouse. Payment of which shall be advanced by the absolute community property, subject to deduction from the share of the debtor spouse.
Grounds for Termination of Absolute Community/Conjugal Partnership
1. death of either spouse; 2. decree of legal separation;
3. annulment or declaration of nullity of marriage;
4. judicial separation of property, in the following cases:.
a. petitioner’s spouse has been sentenced with a penalty which carries with it civil interdiction;
b. petitioner’s spouse has been judicially declared absentee;
c. loss of parental authority of the petitioner’s spouse as decreed by the court;
d. abandonment by the petitioner’s spouse and failure to comply with the obligations to the family;
e. spouse was granted power of administration in marriage settlement abused such power;
f. at the time of the petition, spouses are separated in fact for at least 1 year and the possibility for reconciliation if highly improbable.
Liquidation of Absolute Community Property Regime by Reason of Death of one Spouse
1. Must be made:
a. during judicial settlement proceedings; b. if none, within 6 months after the death
of the deceased spouse
2. If no liquidation is made within 6 months: any disposition or encumbrance involving the community property shall be void; or
3. If there is a subsequent marriage, a mandatory regime of complete separation of property shall govern the property relations of the subsequent marriage.
Conjugal Partnership of Gains Conjugal Partnership Property :
1. acquired during the marriage with conjugal funds
2. obtained from labor, industry, work or profession
3. the fruits of the conjugal property 4. the net fruits of their exclusive property 5. share of either spouse in hidden treasure 6. property acquired through occupation such
as fishing or hunting livestock existing at the dissolution of the partnership in excess of the number of each kind brought into the marriage
7. those acquired by chance
Exclusive property of each spouse
1. that which is brought to the marriage as his or her own
2. acquired during the marriage by gratuitous title
3. acquired by right of redemption, by barter or exchange with property belonging to either spouse
4. purchased with exclusive money of either spouses
Rule on Ownership of Improvements: • If the value of the property before
improvement is greater, the whole thing belongs to the owner-spouse, subject to reimbursement of conjugal partnership; otherwise, the whole thing belongs to the conjugal partnership, subject to reimbursement .
Regime of Separation of Property
• The spouses retain the ownership, management and control of their properties before the marriage and those acquired thereafter.
• The agreement may refer to present or future property or both, and may be total or partial; in the latter case, the property not agreed upon as separate shall pertain to the absolute community.
• Each spouse contributes to the family expenses proportionately with their income an the value of their properties. However, the liability of the spouses to the creditors for family expenses is solidary.
Property Regime of Unions Without Marriage
1. Wages and Salaries - owned in equal shares.
2. Property acquired by both through work and industry - rules on co-ownership shall apply. 3. The care and maintenance of the family and
household are deemed to be joined and equal.
Family Home - the dwelling house where the family reside and the land on which it is situated. • Constituted jointly by the husband and the
wife or an unmarried head of the family. • Constituted from the time it is occupied as a
family residence and is thus exempt from execution, forced sale or attachment, EXCEPT for:
1. non-payment of taxes;
2. debts incurred prior to constitution; 3. debts secured by mortgages;
4. debts due to laborers, mechanics, architects, builders, material men and others who have rendered service or furnished materials for the construction of the building.
PATERNITY AND FILIATION
Filiation of a legitimate child may be established by:
1. record of birth appearing in the Civil register/ a final judgment;
2. admission of legitimate filiation in a public document/ a private hand written instrument and signed by the parent concerned;
3. in the absence of the foregoing:
a) open and continuous possession of the status of a legitimate child;
b) any other means allowed by the Rules of Court and special laws.
Grounds for impugning legitimacy:
1. Physical impossibility for the husband to have sexual intercourse with the wife within the first 120 days of the 300 days immediately preceding the child’s birth, due to:
a) physical incapacity of the husband; b) the husband and the wife were living
separately;
c) serious illness of the husband which absolutely prevented sexual intercourse.
2. Biological or scientific proof that the child could not have been that of the husband; 3. Written authorization or ratification for
artificial insemination was obtained through mistake, fraud, violence, intimidation or undue influence.
Rights of illegitimate children:
1. to use the surname of the mother; 2. to receive support
3. to be entitled to the legitime and other successional rights.
ADOPTION
Republic Act 8852 (Domestic Adoption Act of 1998)
Who may adopt?
1. Filipino Citizen • of legal age
• in possession of full civil capacity or legal rights
• good moral character
• has not been convicted of any crime involving moral turpitude
• emotionally and psychologically capable of caring for children
• in a position to support and care for his/her children in keeping with the means of the family
• at least 16 years older than the adoptee,
EXCEPT:
• the adopter is the biological parent of the adoptee;
• adopter is the spouse of the adoptee’s parent.
2. Alien
• same qualifications as a Fil. • country has diplomatic relations with the Phil.
• living in the Phil. For at least 3 continuous years prior to the application for adoption and maintains such residence until the adoption decree is entered;
• certified to have legal capacity to adopt by his/her diplomatic or consular office;
• has been certified by said offices that his gov’t allows the adoptee to enter his/her country as his/her adopted son/daughter.
1. Guardian - with respect to the ward after termination of the guardianship and clearance of his/her financial accountabilities.
Exceptions to the residency requirement:
1. former Fil. citizen who seeks to adopt a relative within the 4th degree of consanguinity/affinity;
2. one who seeks to adopt the leg./ illeg. son/daughter of his/her Fil. spouse.
3. one who is married to a Fil. citizen and seeks to adopt jointly with his/her spouse a relative within the 4th degree of consanguinity/affinity of the Fil. spouse.
General Rule: The husband and the wife shall jointly adopt.
Exceptions:
1. one spouse seeks to adopt the leg. son/daughter of the other;
2. one spouse seeks to adopt his/her own illeg. son/daughter;
3. if the spouses are legally separated.
Who may be adopted?
1. any person below 18 years of age who has been administratively/ judicially declared available for adoption;
2. leg. son/daughter of one of the spouse by the other spouse;
3. illeg. son/daughter by a qualified adopter to improve his/her status to that of legitimacy; 4. any person of legal age, if, prior to the
adoption said person has been consistently considered by the adopter(s) as his/her own child since minority;
5. child whose adoption has been previously rescinded;
6. child whose biological/adoptive parent(s) has died.
Effects of adoption:
1. All legal ties between the biological parent(s) and the adoptee shall be severed and the same shall be vested in the adopters;
Except: biological parent is the spouse of the adopter
2. The adoptee shall be considered as a legitimate child of the adopter for all intents and purposes;
3. In legal and intestate succession, the adoptee and adopter(s) shall have reciprocal rights of succession without distinction from leg. filiation. However, if a will was left, the rules on testamentary succession shall be followed.
Grounds for Rescission of Adoption:
1. repeated physical/verbal maltreatment by the adopter(s).
2. attempt on the life of the adoptee; 3. sexual assault or violence;
4. abandonment or failure to comply with parental obligations.
• Adoption shall not be subject to rescission by the adopter(s) but they may disinherit the adoptee.
SUPPORT
Persons obliged to support each other: 1. spouses;
2. leg. ascendants and descendants;
3. parents and their leg. children and the leg. and illeg. children of the latter;
4. parents and their illeg. children and the leg. and illeg. children of the latter;
5. leg. brothers and sisters whether full or half blood.
Order of liability in case 2 or more persons are obliged to give support: 1. spouse;
2. descendants in the nearest degree; 3. ascendants in the nearest degree.
PARENTAL AUTHORITY (Patria Potestas)
Substitute Parental Authority exercised in case of death, absence, or unsuitability of the parents; it is not exercised concurrently with parental authority.
In default of parents, substitute parental authority is exercised in the order indicated: 1. surviving grandparent
2. oldest bro./sis. over 21 years of age unless unfit /disqualified
3. child’s actual custodian unless unfit/disqualified.
Termination of parental authority
Permanent:
1. death of the parents; 2. death of the child;
3. emancipation of the child.
Temporary:
1. adoption of the child;
2. appointment of a general guardian; 3. judicial declaration of abandonment; 4. final judgment divesting the parent(s) of
parental authority;
5. judicial declaration of absence/ incapacity of the parent(s) exercising parental authority over the child.
Grounds for Suspension of Parental Authority:
1. conviction of a crime with the penalty of civil interdiction;
2. treats the child with excessive harshness and cruelty;
3. gives the child corrupting orders, counsel and example;
4. compels the child to beg;
5. subjects the child/allows him/her to be subjected to acts of lasciviousness;
6. cases of culpable negligence of the parent/person exercising parental authority.
EMANCIPATION AND THE AGE OF MAJORITY
• Age of majority: 18 years old
• Emancipation terminates parental authority over the person and property of the person who shall then be qualified and be responsible for acts of civil life.
ABSENCE
Declaration of Absence:
1. Absence without administrator - 2 years; 2. Absence with administrator - 5 years from
the lapse of time without news about the absentee or since the receipt of last news.
Presumption of Death
Ordinary Absence
1. Absence of 7 yrs. - it being unknown whether or not the absentee still lives, he is presumed death for all purposes except for those of succession.
2. Absence of 10 yrs. - for purposes of opening succession
3. If the person disappeared after the age of 75, an absence of 5 yrs. is sufficient.
Qualified/Extra-ordinary Absence:
For all purposes including succession, a period of 4 yrs. is sufficient under the following circumstances:
1. person on board a vessel lost during a sea voyage or an aeroplane which is missing; period is counted from the loss of the vessel or aeroplane;
2. person in the armed forces who has taken part in war;
3. person in danger of death under other circumstances and his existence has not been known.
PROPERTY
Property of Public Dominion • intended for public use
• those which belong to the State, without being for public use and intended for some
public service or for the development of national wealth
Patrimonial Property of the State - property owned by the State but is not devoted to public use, public service, or the development of national wealth. Owned by the State in its private capacity.
OWNERSHIP
Limitations upon the right of ownership:
1. General limitations imposed by the State for its benefit;
2. Specific limitations imposed by law;
3. Limitations imposed by the party transmitting the property either by contract or by will;
4. Limitations imposed by the owner himself; and
5. Inherent limitations arising from conflict with other rights.
Doctrine of Self-Help - the right of the owner or lawful possessor to exclude any person from the enjoyment and disposal of the property by the use of such force as may be necessary to repel or prevent actual or threatened unlawful physical invasion or usurpation of his property.
Requisites (fido):
1. the force used is reasonably necessary to repel/prevent an invasion/usurpation of his property;
2. there must be actual/threatened physical invasion/usurpation
3. there is no delay; and
4. the person defending must be the owner or the lawful possessor;
Hidden Treasure - any hidden or unknown deposit of money, jewelry or other precious objects, the lawful ownership of which does not appear.
General Rule: it belongs to the owner of the land, building or other property on which it is found.
Exception: the finder is entitled to ½ if:
1. discovery was made on the property of another, of the State or any of its political subdivisions
2. discovery is made by chance
3. the finder is not a trespasser/ agent of the landowner
Right of Accession
Accession - right of a property owner to everything which:
1. is produced thereby; or
2. is incorporated or attached thereto.
NOTE: not a mode of acquiring ownership but a mere incident of which.
Classification:
1. Accession Discreta (fruits) a) natural fruits
b) industrial fruits c) civil fruits
2. Accession Continua (attachment/ incorporation)
a) with respect to real property i) accession artificial a) building
b) planting c) sowing
ii) accession natural a) alluvion
b) avulsion
c) change of river beds id) formation of islands
b) with respect to personal property i) adjunction/conjuction ii) commixtion/confusion iii) specification
General Rule:
– To the owner belongs the natural, industrial and civil fruits.
Exceptions: If the thing is (pula):
1. in possession of a possessor in good faith;
2. subject to a usufruct;
3. l eased or pledged;
4. in possession of an antichretic creditor.
Basic Principles of Accession Continua: 1. Accessory follows the principal.
2. Union or incorporation must generally be effected in such a manner that to separate the principal from the accessory, would result in substantial injury to either;
3. He who is in good faith may be held responsible but not penalized;
4. He who is in bad faith may be penalized; 5. No one shall unjustly enrich himself at the
expense of another; and
6. Bad faith of one party neutralizes bad faith of the other so that they shall be considered in good faith.
Right of Accession with respect to Immovable Property:
1. Land Owner is the Improver
Land Owner and Builder, Planter,
Sower
Owner of Materials Good Faith Good Faith
Acquire the bldg., etc. after paying indemnity for the value of mat’ls.
1)Remove them if w/o injury to work constructed or w/o plantings or
constructions being destroyed.
2)Receive indemnity for value of mat’ls.
Bad Faith Good Faith
Acquire after paying value & indemnity for damages but subject to the right of the owner of the materials to remove
1)Remove the mat’ls. in any event
2)Be indemnified for damages
Good Faith Bad Faith
Acquire w/o paying
indemnity Lose mat’ls. w/o right to be indemnified
Bad Faith Bad Faith
same as though both acted in good faith (pari delicto)
2. Land Owner is not the Improver:
Land Owner Improver, Builder, Planter, Sower
and Owner of Materials Good Faith Good Faith
Land Owner has the option to:
1)sell the land to builder/planter(bp) or collect rent from sower(s); unless the value of the land is considerably greater than bldg., etc., in which case, bp pay rent under the terms fixed by the parties. 2)acquire improve-ment after paying indemnity w/c could either be:
a)orig. cost of improvements b)increase in the value of the whole
In case land owner exercises (2), builder has the right to retain until indemnity is paid and cannot be required to pay rent.
Good Faith Bad Faith
1)Option to: a)acquire impro-vements w/o paying indemnity and collect damages b)sell the land to
bp, rent land to s
and collect damages in both cases
1)Lose them w/o right to be indemnified 2)Recover necessary expenses for preservation of land. Page 10 of 55
c)order demo- lition of work or restoration to former condition and collect damages in both cases. 2)Pay necessary expenses for preservation. 3) Pay damages to land owner
Bad Faith Good Faith
1)Land owner must indemnify bps, for improvements and pay damages 1)Remove them in any event and/or 2)Cannot compel bps, to buy land
2)Be indemnified for damages
Bad Faith Bad Faith
same as though both acted in good faith (in pari delicto)
3. Land Owner, Improver and Material Owner
are different persons
Land Owner (lo) Builder, Planter, Sower(bps) Owner of materials (om) Good Faith Good Faith Good Faith 1)Acquire the improve-ments and pay indem-nity to bps and be subsidiarily liable for mat’ls to om 2)a.sell the land to bp except: value of the land is considerably more. b.rent to s 1)Right of retention for necessary and useful expenses. 2)Pay value of mat’ls to om 1)Collect value of mat’ls. primarily from bps or subsidiarily from lo if bps is insolvent. 2)Remove only if w/o injury Good Faith
Good Faith Bad Faith
1)Option to: a)acquire improve-ments and pay indem-nity to bps b.i) sell to bp except: value of land is consider-ably more then, forced lease b.ii)rent to s 3)without subsidiary liability for cost of materials 1)Right of retention for necessary and useful expenses. 2)Keep bldg., etc. w/o indem-nity to om and collect damages from him. 1)Lose mat’ls. w/o right to indemnity. 2)Pay damages. Good Faith
Bad Faith Bad Faith
1)Option to: a)acquire improvemen t w/o paying indemnity and collect damages b)demo-lition/restora -tion plus damages c)sell to bp or collect rent from s plus damages. 2)Pay necessary expenses to bps 1)Recover necessary expenses for land preservation. 2)Loses improvement w/o right to indemnity from lo unless lo sells the land. 1)Recover value from bps(in pari delicto) 2)If bps acquired improvement remove mat’ls if possible (w/o) injury. 3)No action against LO and may be liable to LO for damages.
Bad Faith Bad Faith Bad Faith
same as though all acted in good faith
Distinctions: Alluvion Avulsion 1. gradual and imperceptible; 1. sudden/abrupt process; 2. soil cannot be identified; 3. belongs to the owner of the 5. identifiable and verifiable; 6. belongs to the owner from whose property it Page 11 of 55
property to which it is attached; 4. merely an attachment was detached; 7. first a detach-ment followed by an attachment Formation of Islands Rules on Ownership:
1. If formed on the sea
a. within territorial waters - State
b. outside territorial waters - first country to occupy
2. If formed on lakes, navigable/floatable rivers - State
3. If formed on non-navigable/floatable rivers: a. if nearer in margin to one bank- owner of
nearer margin is the sole owner
b. if equidistant - island shall be divided longitudinally in halves
Right of Accession with respect to movable property:
Adjunction - process by virtue of which two movable things belonging to different owners are united in such a way that they form a single object and each of the things united preserves its own nature.
Kinds: 1. Engraftment/Inclusio 2. Attachment/Soldadura 3. Weaving/Tejido 4. Painting/Pintura 5. Writing/Escritura
Tests to determine which is the principal:
1. That to which the other has been united as an ornament, or for its use or perfection; 2. That of greater value;
3. That of greater volume; 4. That which has greater merits.
NOTE: In painting, sculpture, writings, printed matter, engraving and lithographs, the board, metal, stone, canvass, paper or parchment shall be deemed accessory.
Separation of things allowed in the following cases:
1. separation without injury;
2. accessory is more precious than the principal; or
3. owner of the principal acted in bad faith.
Mixture - combination/union of materials where the respective identities of the component elements are lost.
Kinds:
1. Commixtion - mixture of solids 2. Confusion - mixture of liquids
Rules:
1. If the mixture is caused by one owner in good faith, or by the will of both owners, or by chance, or by a common agent - CO-OWNERSHIP results.
2. If mixture is made by the owner in bad faith, then he losses his material in favor of the other and he is liable for damages.
Specification - giving a new form to another’s material through application of labor (labor is the principal)
Rules:
1. If the worker is in good faith: a) he appropriates the new thing;
b) he must indemnify for the mat’ls. EXCEPT: if the mat’l is more precious than the new thing then the owner has the option to:
i) get the thing but pay for the work; or ii) demand indemnity for the mat’l. 2. If the worker is in bad faith, owner of the
material has the option to:
a) appropriate the work without paying for the labor;
b) demand indemnity for mat’ls plus damages.
EXCEPT: if the value of the resultant work is more valuable for artistic or scientific reasons.
Quieting of title Requisites:
1. Plaintiff must have a legal or equitable title to, or interest in the real property which is the subject matter of the action;
2. There must be a cloud in such title;
3. Such cloud must be due to some instrument, record, claim, encumbrance or proceeding which is apparently valid but is in truth invalid, ineffective, voidable/ unenforceable, and is prejudicial to the plaintiff’s title; and
4. The plaintiff must return to the defendant all benefits he may have received from the latter, or reimburse him for expenses that may have redounded to his benefit.
Prescriptive Period:
1. Plaintiff in possession - imprescriptible 2. Plaintiff not in possession - 10 or 30 years.
CO-OWNERSHIP - a state where an undivided
thing/right belongs to two or more persons. • The share of the co-owners in the benefits
and charges arising from the co-ownership shall be in proportion to their respective
interest, any stipulation to the contrary shall be void. Co-ownership Partnership 1. No legal personality; 2. Created by law, contract, succession, donation, chance or fortuitous event 3. Purpose: collective enjoyment 1. Has juridical personality; 2. Created by contract; 3. Purpose : profit 4. Agreement to keep the thing undivided for more than 10 years - not allowed. 5. No mutual representation; 6. Not dissolved by death or incapacity of the co-owners; 7. Can dispose of his share without consent of others; 8. Share in profit/ loss always depend on proportionate share; 4. No limitation upon duration of partnership 5. Mutual representation; 6. Dissolved by death or incapacity of the partner; 7. Cannot substitute another in his place without consent of other partners; 8. Share in profits/ loss may be subject to agreement. Rules in Co-ownership:
1. Each co-owner has the right to use the property for the purpose intended.
Limitations:
a. Interest of the co-ownership must not be injured or prejudiced.
b. Other co-owners must not be prevented from using it.
2. Rules regarding ideal share: each co -owner has full ownership of his part, and his share of the fruits and benefits, thus he may: a. Alienate, mortgage or assign such;
b. Substitute another to its enjoyment except when personal rights are involved.
c. Exempt himself from necessary expenses and taxes by renouncing part of his interest in the co-ownership. 3. No co-owner shall be obliged to remain in
the co-ownership thus, he may demand partition of the thing owned in common so far as his share is concerned. Except:
a. If by agreement (not exceeding 10 years), partition is prohibited;
b. When partition is prohibited by donor/testator (not exceeding 20 years); c. When such is prohibited by law;
d. When such would render the property physically unserviceable;
e. When the nature of the property does not allow partition.
4. No co-owner may acquire ownership of the property co-owned by prescription, except when he:
a. repudiates the rights of the other co-owners;
b. repudiation is brought to the knowledge of other co-owners;
c. the evidence thereon is clear and conclusive;
d. lapse of the period fixed by law.
Right of the co-owner to undertake:
1. Acts of preservation - may be made at the will of one of the co-owners, but he must, if practicable, first notify the others of the necessity of such repairs.
2. Acts of administration - can be performed only with the concurrence of the majority. 3. Acts of alteration - can be performed only
with the consent of the other co-owners.
Regalian Doctrine - doctrine recognized in our Constitution whereby ownership of minerals and sources of potential energy and other natural resources are reserved for the State.
POSSESSION - holding of a thing or
enjoyment of a right, either by material occupation or by the fact of subjecting the thing or right to the action of our will.
Degrees of Possession:
1. Possession without any title and in violation of the right of the owner;
2. Possession with juridical title, but not in concept of the owner;
3. Possession with just title, or a title which is sufficient to transfer ownership, but not from the true owner;
4. Possession with just title from the true owner.
Classes of possession:
1. In one’s own name or in the name of another
2. In concept of an owner or in concept of a holder
3. In good faith or in bad faith
Acts which do not give rise to possession:
1. Force or intimidation 2. Acts merely tolerated 3. Acts executed clandestinely
Loss of possession:
1. Abandonment 2. Assignment
3. Destruction or total loss of the thing
4. Recovery of the thing by the legitimate owner;
5. Possession of another subject to the provisions of Art. 537, if new possession lasted longer than 1 year (real right to possess- not loss until after the lapse of 10 years)
Effects of possession in good faith/ bad faith Good Faith Bad Faith
1. As to fruits received
- entitled to fruits while possession is still in good faith
- reimburse fruits received or w/c legitimate possessor would have received
2. Pending fruits
- liable w/ legitimate possessor for expen-ses of cultivation and shall share in net harvest in possession to time of possession
- shall have no right
3. Expenses
(Necessary Expenses) - right of
reimburse-ment and retention - right to reimbursement only (Useful Expenses) - limited to right of removal - none 4. Deterioration/Loss - no liability, unless, due to his fault or negligence
- always liable
Rules of preference of possession:
1. Present/ actual possessor shall be preferred;
2. If there are two possessor, the one longer in possession;
3. If the dates of possession are the same, the one with a title; and
4. If all the above are equal, the fact of possession shall be judicially determined, and in the meantime, the thing shall be placed in judicial deposit.
USUFRUCT
Distinctions: Usufruct Lease
1. Covers all fruits and use
2. Real right
1. Covers only particular use 2. Real right only if
the lease is registered 3. Created only by the owner 4. Constituted by law, by donation inter vivos/mortis causa, and by prescription 5. Usufructuary is responsible for ordinary repairs and for the taxes on the fruits
3. Lessor may not be the owner 4. Constituted by contract 5. Lessee is not responsible for ordinary repairs and for the payment of taxes
Abnormal Usufruct - those where the usufructuary does not have the obligation of preserving the form and substance of the property which is the object of the usufruct.
Obligations of the usufructuary:
1. At the commencement of the usufruct: a. To make an inventory of the property; b. To give necessary security;
2. During the pendency of the usufruct: a. To take care of the property as a good
father of the family; b. To make ordinary repairs;
c. To notify the owner in case the need for extra-ordinary repairs in the property is urgent;
d. To pay annual charges and taxes and those considered as a lien on the fruits;
e. To notify the owner of any act of a 3rd person that may be prejudicial to the right of ownership; and
f. To pay the expenses, costs and liabilities in suits with regard to the usufruct.
3. Termination of the usufruct: a. Deliver the thing to the owner.
Exemption from the obligation to give security:
1. No one will be injured by lack of the bond; 2. Donor reserved the usufruct of the property
donated;
3. Parents who are usufructuaries of their unemancipated children’s property; 4. Usufructs subject to caucion juratoria.
Caucion Juratoria - usufructuary, being unable to file the required bond or security, filed a verified petition in the proper court asking for the delivery of the house and furniture necessary for himself and his family without any bond or security.
Extinguishment of Usufruct:
1. Death of the usufructuary, unless contrary intention appears;
2. Expiration of the period or fulfillment of the resolutory condition;
3. Merger of the usufruct and ownership in the same person;
4. Renunciation of the usufructuary; 5. Total loss of the thing;
6. Termination of the right of the person constituting the usufruct;
7. Prescription.
EASEMENTS OR SERVITUDES-
encumbrance imposed upon an immovable for the benefit or another immovable belonging to another.
Modes of acquiring easements:
1. By title
2. By prescription of 10 years - continuous & apparent easements
3. By deed of recognition 4. By final judgment
5. By apparent sign established by the owner of two adjoining estates
Kinds:
1. Continuous Easements - those the use of which is, or may be, incessant without the intervention of any act of man
2. Discontinuous Easements - those which are used at intervals and depend upon the acts of man.
3. Apparent Easements - those which are made known and are continually kept in view by external signs that reveal the use and enjoyment of the same
4. Non-apparent Easements - those which show no external indication of their existence
5. Legal Easements - easements imposed by law which have for their object either public use or interest of private persons.
Kinds:
a. public legal easements - those for public or communal use
b. private legal easements - those for the interest of private persons or for private use:
i. waters v. drainage ii. right of way vi. intermediate
distances
iii. party wall vii. against nuisance
iv. light& view viii. internal & adjacent support
Extinguishment:
1. Merger of ownership of the dominant and servient estate;
2. Non-user - discontinuous: 10 years from cessation of usage;
• continuous: 10 years from the day on which act contrary to the same took place.
3. When either or both estates fall into such a condition that the easement could not be used;
4. By expiration of the term or fulfillment of the condition;
5. Renunciation of the owner of the dominant estate;
6. Redemption agreed upon.
NUISANCE- any acts, omission, establishment, business or condition of property or anything else which (ISAHO) :
1. I njures/endangers the health or safety of others;
2. S hocks, defies or disregards decency or morality;
3. A nnoys or offends the senses;
4. H inders or impairs the use of property.
5. O bstructs or interferes with the free passage to any public highway or street, or body of water;
Classes:
1. Per se - nuisance at all times and under all
circumstances regardless of location and surrounding.
2. Per accidens - considered nuisance by
reason of circumstances, location, and surrounding.
3. Public - affects the community or a
considerable number of persons.
4. Private - affects only a person or a small
number of persons.
Remedies against public nuisance:
1. Prosecution under the RPC or local ordinance;
2. Civil Action;
3. Abatement without judicial proceedings.
Remedies against private nuisance:
1. Civil action
2. Abatement, without judicial proceedings
Requisites for summary abatement of private nuisance:
1. Must be specially injurious to the person affected;
2. No breach of peace or unnecessary injury must be committed;
3. Demand made;
4. Demand has been rejected;
5. Approval by district health officer and assistance of local police; and
6. Value of destruction does not exceed Ps 3,000.
Doctrine of Attractive Nuisance - a person who maintains in his premises a dangerous instrumentality of a character which is attractive to children of tender years at play and who fails to exercise due diligence to prevent such children from playing therewith or resorting thereto, is liable to a child who is injured thereby, even if the child is technically a trespasser.
MODES OF ACQUIRING
OWNERSHIP
Modes recognized under the Civil Code (PISTOLD):
1. P rescription
2. I ntellectual creation
3. Testate and Intestate succession
4. In consequence of certain contracts, tradition
5. O ccupation
6. L aw
7. D onation
OCCUPATION the seizure of a corporeal thing, without an owner, with the intention to acquire ownership in accordance with law.
TRADITION Requisites:
1. Right transmitted should have previously existed in the patrimony of the grantor; 2. Transmission should be by just title;
3. Grantor and grantee should have intention and capacity to transmit and acquire;
4. Transmission should be manifested by some act which should be physical, symbolical or legal.
Kinds:
1. Real Tradition - actual delivery
2. Constructive Tradition
a) traditio symbolica -parties make use of a token symbol to represent the thing delivered;
b) traditio longa manu - by mere consent of the parties if the thing sold cannot be transferred to the possession of the vendee at the time of the sale;
c) traditio brevi mano - when the vendee already has possession of the thing sold by virtue of another title;
d) traditio constitutum possessorium - when the vendor continues in possession of the thing sold not as owner but in some other capacity; e) quasi-tradition - exercise of the right of
the grantee with the consent of the grantor;
f) traditicion por ministerio de la ley - delivery by operation of law.
INTELLECTUAL CREATION - mode where the author acquires ownership over the products of his intellect and consists, fundamentally, in the power to authorize or refuse the publication or production of such creations or products. (governed by the Intellectual Property Code of the Phil. - R.A. 8293)
DONATION
- an act of liberality whereby a person disposes gratuitously a thing or a right in favor of another, who accepts it.
Classification:
1. As to their effectivity: a) Inter vivos
b) Donation mortis causa 2. As to perfection/extinguishment a) pure b) with a condition c) with a term Distinctions: Donation Inter Vivos Donation Mortis Causa 1. takes effect independently of the donor’s death; 2. title conveyed to the donee before the donor’s death; 3. valid if donor
survives donee;
1. takes effect upon the death of the donor; 2. title conveyed upon donor’s death; 3. void if donor survives donee; Page 16 of 55
4. generally irrevocable during donor’s lifetime; 4. always revocable 5. must comply with the formalities required by Arts. 748 and 749 of the Civil Code.
5. must comply with the formalities required by law for execution of wills.
Donations prohibited by law:
1. Made by persons guilty of adultery or concubinage at the time of donation;
2. Made between persons found guilty of the same criminal offense in consideration thereof;
3. Made to a public officer or his/her spouse, descendant or ascendants in consideration of the office;
4. Made to the priest who heard the confession of the donor during the latter’s last illness, or a minister of the gospel who extended spiritual aid to him during the same period;
5. Made to relatives of such priest, etc. within the 4th degree, or to the church to which such priest belong;
6. Made by a ward to the guardian before the approval of accounts;
7. Made to attesting witness of execution of donation, if there is any, or to the spouse, parents, or children, or anyone claiming under them.
8. Made to a physician, surgeon, nurse, health officer or druggist who took care of the donor during the last illness;
9. Made by individuals, associations, or corporations not permitted by law to make donations; and
10. Made by spouses to each other during the marriage or to persons of whom the other spouse is a presumptive heir.
Forms of donations:
1. Of movable property:
a) with simultaneous delivery of property donated
• it may be oral/written - Ps5,000 or less
• value exceeds Ps5,000 - written in public or private document
a) without simultaneous delivery
• the donation and acceptance must be written, public or private instrument, regardless of value.
2. of immovable property
a) must be in a public instrument specifying property donated and burdens assumed by donee regardless of value.
b) acceptance must be either: • in the same instrument
• in another public instrument, notified to the donor in authentic form, and noted in both deeds
Limitations upon the extent of property which may be donated inter vivos:
1. Donee must reserve sufficient means for his support and for those relatives who are entitled to be supported by him;
2. Donation cannot comprehend future property;
3. No person may give by way of donation more than he may give by will.
RESUME OF RULES ON REVOCATION GROUNDS PRESCRIPTION
TRANSMISSI-BILITY OF ACTION EFFECT OF REVOCATION LIABILITY FOR FRUITS 1) Birth, appearance or adoption of a child within 4 years from: • birth of the 1st child, legitimation, adoption, judicial declaration of filiation or receipt of information of existence transmitted to children and descendants of donor upon his death.
Property must be returned or its value if sold or redeem the mortgage with the right to recover the property.
Donee must return the fruits accruing from the filing of the complaint.
2) Non- within 4 years from to donor’s heirs property returned, Donee must return
compliance with
conditions non-compliance against the donee’s heirs alienations and mortgages are void subject to the rights of 3rd persons against the donee.
the fruits received after non-fulfillment of the condition.
3) Act of
ingratitude within one year from the knowledge of the fact of ingratitude not transmitted to heirs of the donor property to be re-turned; aliena-tions and mort-gages before notation of com-plaint in the Registry of Prop. subsists.
Donee must return the fruits accruing from the filing of the complaint.
RESUME OF RULES ON REDUCTION
GROUNDS PRESCRIPTION
OF ACTION TRANSMISSI-BILITY OF ACTION
EFFECT OF
REDUCTION RIGHTS TO FRUITS 1) Failure of the donor to reserve sufficient means for support
anytime during the
donor’s lifetime not transmissible donation reduced to extent necessary to provide support
donee entitled to fruits
2)
Inofficious-ness within 5 years after the donor’s death transmissible to donor’s heirs donation effective during the donor’s lifetime subject to reduction only upon death with regard to the excess donee appropriates fruits 3) Birth, reappearance , adoption of a child
anytime during the lifetime of the donor
not
transmissible donation reduced to the extent necessary for support
donee appropriated fruits not affected by reduction; with regard to the excess, liable for fruits accruing from the filing of the complaint 4) Fraud
against creditors
within 4 years from perfection of donation or from knowledge transmitted to creditors, heirs or successors in interest
property returned for benefit of creditors subject to right of innocent 3rd persons
fruits shall be returned; if unable to do so, indemnify the donor’s creditors for damages
SUCCESSION
Inheritance - the universality of all the property, rights and obligations constituting the patrimony of the decedent which are not extinguished by his death.
Heir - succeeds to the whole or aliquot portion of the inheritance either by virtue of a will or by operation of law.
Devisee/ Legatee - succeeds to individual items of property by virtue of a will.
Instances where the distinctions between heirs and devisees/legatees are
important (PDA):
1. P reterition;
2. D efective disinheritance; and
3. A fter acquired properties.
Testamentary Succession
Matters that cannot be left to the discretion of third persons:
1. Duration or efficacy of the designation of heirs, devisees or legatees;
2. Determination of the portions which they are to take, when referred to by name; and 3. Determination of whether or not the
testamentary disposition is to be operative.
Matters that the testator may entrust to a third person :
1. Distribution of specific property or sums of money that he may leave in general to specified classes or causes; and
2. Designation of the persons, institutions or establishments to which such property or sums are to be given or applied.
Testamentary Capacity and Intent Requisites :
1. At least 18 years old;
2. The testator be of sound mind at the time of its execution.
•
To be of sound mind, the testator must be able at the time of making the will to:a. know the nature of the estate to be disposed of;
b. the proper objects of his bounty; and c. the character of the testamentary act.
Common Formalities of Wills:
1. Every will must be in writing; and
2. Executed in a language or dialect known to the testator.
Special Formalities of a Notarial Will :
1. Must be subscribed at the end thereof by the testator himself or by the testator's name written by some other person in his presence, and by his express direction,
2. Attested and subscribed by three or more credible witnesses in the presence of the testator and of one another.
3. The testator or the person requested by him to write his name and the instrumental witnesses of the will, shall also sign, each and every page thereof, except the last, on the left margin,
4. All the pages shall be numbered correlatively in letters placed on the upper part of each page.
5. There must be an attestation clause.
6. Every will must be acknowledged before a notary public by the testator and the witnesses.
The attestation clause shall state the following:
1. The number of pages used upon which the will is written,
2. The fact that the testator signed the will and every page thereof, or caused some other person to write his name, under his express direction, in the presence of the instrumental witnesses; and
3. That the witnesses witnessed and signed the will and all the pages thereof in the presence of the testator and of one another.
If the testator be deaf, or a deaf-mute, he must:
1. personally read the will, if able to do so; otherwise,
2. he shall designate two persons to read it and communicate to him, in some practicable manner, the contents thereof.
•
If the testator is blind, the will shall be read to him twice; once, by one of the subscribing witnesses, and again, by the notary public before whom the will is acknowledgedSpecial Formalities of Holographic Wills
1. Entirely written by the hand of the testator; 2. Entirely dated by the hand of the testator;
and
3. Entirely signed by the hand of the testator.
Witnesses to Wills
Requirements (DANANS):
1. d omiciled in the Philippines;
2. a ble to read and write;
3. n ot blind, deaf, nor dumb;
4. at least 18 years of age;
5. has not been convicted of falsification of document, perjury, or false testimony; and
6. of sound mind;
Revocation of Wills and Testamentary Dispositions
Ways of Revoking a Will: 1. By implication of law;
a. Legal separation; b. Preterition;
c. Bringing an action for recovery of credit; d. Transformation, alienation, or loss of
bequeathed property; e. Unworthiness;
f. Marriage in bad faith; and g. Void or annulled marriage.
2. By some will, codicil, or other writing executed as provided in case of wills; or