PERSONS

 Requirement that decree of nullity be issued only after liquidation, partition, distribution
of properties does not apply to Art. 36 nullity. It applies only if there was a second
marriage which is void bec of non compliance with Art 40 or if annulled under Art 45.

 Not necessary for a foreigner who obtained a divorce to file a petition for judicial
recognition of the decree of divorce in the PH before he can contract a second marriage
here. He/ she, already a foreigner, will only be required to submit a certificate of legal
capacity to contract marriage issued by the proper consular or diplomatic officials.

 Donation to a conceived child valid provided the child be born later on and that it
complies with the formalities required of a will.

 Not required that defendant be personally examined by a psychiatrist, but the totality of
the evidence presented must support conclusion of psychological incapacity

 Inter- country Adoption (RA 8043)- adoptee must be 15 y/o below

 Spouses can jointly adopt the illegitimate child of one spouse

 Presumptive legitime to be collated to the father’s/mother’s estate—1/2 each

 A dead child can be legitimated

PROPERTY
 If donation not acknowledged because donor died, void.
 Donation of immovable—donation AND acceptance must be in a public instrument

 When an apparent sign of easement exists between two estates established or maintained
by the owner of both, it shall be considered as a title to the easement should the owner of
the 2 properties alienate one of them, unless the contrary is provided in the deed of
transfer.

 Hidden treasure- hidden, unknown, lawful ownership does not appear, found by chance

 Sublease allowed if there is no express prohibition from lessee

 BPS Rules apply only to possessors in the concept of an owner, not holder
o In lease, if lessee introduces useful improvements in GF without altering the form
or substance of the property, the lessee upon termination shall reimburse ½ of the
value. Otherwise, lessee can remove even if will cause damage.

 For right of way, least prejudicial to servient estate prevails over shortest distance
SUCCESSION
 Period of indivision imposed by a testator shall not exceed 20 years. Applies to legitime.

 Testator not required to sign attestation clause.

OBLICON
 Consignation must be announced before and after it was made to persons interested.

 Novation by substitution of debtor requires the consent of creditor and the new debtor.
Mere fact that the creditor received payment from a third person does not constitute
novation and does not extinguish obligation of original debtor. Novation must be declared
in unequivocal terms, or old and new obligation be on every point incompatible with each
other.

 Tender to be valid must be for full payment of obligation. For redemption, full payment
includes: (1) bid price, (2) interest, (3) taxes.
o Tender of check is sufficient to compel redemption (but must be for full payment)

SALES
 Maceda Law applies to sale or financing of real estate on installment payments, including
residential condo apartments but excluding industrial lots, commercial buildings, and
sales to tenants.

 Consideration in an option contract may be anything of value.

 Option contract need not be in writing to be enforceable.

 Right of first refusal involves an interest over real property that must be embodied in a
written instrument to be enforceable.

 For rules on double sale to apply—must be two valid sales. If first is void, the second has
better right.

CREDIT
 When a car is entrusted to a valet attendant, there is a contract of deposit.

 Bailor considered a stranger when it comes to hidden treasure.

 For validity of both chattel and REM, must appear in a public instrument. (??? As to
REM)
  In foreclosure of mortgaged property which is subsequently sold to a third party,
determine first if the REM is in a public instrument to know if it is binding upon third
persons.

 Guarantee must be in writing to be enforceable.

PARTNERSHIP
 Receipt by a person of a share of the profits of a business is prima facie evidence that he
is a partner in the business, provided that the profits were not received in payment for
debt
 When any partner dies and the business is continued without any settlement of accounts
between him or his estate, the surviving partners are held liable for continuing business
despite death (“partnership at will”)
o Recourse of creditors, successively: (1) file claim against partnership at will; (2)
go after private properties of remaining partners; (3) file claim against estate of
deceased
 Oral partnership is valid, XPT if immovables or real right contributed—must be in a
public instrument. There must be inventory which is signed by the parties and attached to
the public instrument. Otherwise, void.

AGENCY

TORTS
 As a GR, a public officer is not liable for acts performed in the discharge of his duties.
XPNs: (1) acted in bad faith, malice, gross negligence or (2) act is in violation of the
constitutionally- guaranteed rights and liberties of a person

LTD
 PD 1529:
o Sec 14(1)—A&D, OCENPO since June 12, 1945 or earlier (needs A&D only at
the time of filing of registration
o Sec 14(2)- acquisitive prescription (10/30 yrs), patrimonial property, express
declaration required. Must be patrimonial for the whole period of 10/ 30 years
 Homestead/ free patents under PLA
 RA 1942- vested rights if 30 yr OCENPO commenced on Jan 24, 1947 and completed
prior to Jan 25, 1977 (effectivity of PD1073)
 Evidence:
o Identity of land: tracing cloth plan or a duly certified blueprint or whitecopy
o Classification as A&D: (1) CENRO or PENRO certification and (2) certified true
copy of original classification approved by the SENR