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    Civil Law Notes

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    Aileen Baldecasa
    This document provides an outline of civil law notes covering various topics in Philippine civil law, including effects and application of laws, human relations, persons and family relations, property, land titles/deeds, wills and succession. Key sections summarized include the retroactivity of laws, mandatory/prohibitory laws, marriage requirements, property regimes between spouses, intestate succession order, and provisions common to testate and intestate succession.

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    Civil Law Notes

    Uploaded by

    Aileen Baldecasa
    16 views7 pages
    This document provides an outline of civil law notes covering various topics in Philippine civil law, including effects and application of laws, human relations, persons and family relations, property, land titles/deeds, wills and succession. Key sections summarized include the retroactivity of laws, mandatory/prohibitory laws, marriage requirements, property regimes between spouses, intestate succession order, and provisions common to testate and intestate succession.

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    Original Title

    CIVIL LAW NOTES

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    This document provides an outline of civil law notes covering various topics in Philippine civil law, including effects and application of laws, human relations, persons and family relations, property, land titles/deeds, wills and succession. Key sections summarized include the retroactivity of laws, mandatory/prohibitory laws, marriage requirements, property regimes between spouses, intestate succession order, and provisions common to testate and intestate succession.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    16 views7 pages

    Civil Law Notes

    Uploaded by

    Aileen Baldecasa
    This document provides an outline of civil law notes covering various topics in Philippine civil law, including effects and application of laws, human relations, persons and family relations, property, land titles/deeds, wills and succession. Key sections summarized include the retroactivity of laws, mandatory/prohibitory laws, marriage requirements, property regimes between spouses, intestate succession order, and provisions common to testate and intestate succession.

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    of 7

    CIVIL LAW NOTES

    Prepared by: AILEEN P. BALDECASA

    I. EFFECT AND APPLICATION OF LAWS


    A. When Law Takes Effect; Publication (Civil Code, Article 2)

    Laws shall take effect after fifteen days following the completion of their
    publication either in the Official Gazette or in a newspaper of general circulation
    in the Philippines, unless it is otherwise provided.

    B. Ignorance of the Law; Ignorance of Fact (Civil Code, Art. 3)

    Ignorance of the law excuses no one from compliance therewith.

    C. Retroactivity of Laws (Civil Code, Art. 4); Vested Rights Principle

    Laws shall have no retroactive effect, unless the contrary is provided.

    D. Mandatory, Prohibitory and Permissive Laws (Civil Code, Art. 5)

    Acts executed against the provisions of mandatory or prohibitory laws shall be void,
    except when the law itself authorizes their validity.

    E. Waiver of Rights (Civil Code, Art. 6)

    Rights may be waived, unless the waiver is contrary to law, public order, public
    policy, morals, or good customs, or prejudicial to a third person with a right
    recognized by law.

    F. Repeal of Laws (Civil Code, Art. 7)

    G. Judicial Decision (Civil Code, Art. 8)

    H. Duty to Render Judgment (Civil Code, Art. 9)

    I. Interpretation of Doubtful Statutes (Civil Code, Art. 10)

    J. Custom (Civil Code, Arts. 11-12)

    K. Legal Periods (Civil Code, Art. 13, as amended by Book I, Sec. 31 of the
    Administrative Code of 1987 (E.O. No. 292))

    L. Generality Principle of Penal Laws (Civil Code, Art. 14)

    M. Conflict of Laws (Civil Code, Arts. 15-18)


    1. Jurisdiction; Forum Non Conveniens
    2. Choice of Law; Doctrine of Renvoi; Doctrine of Processual
    Presumption
    a. Lex Nationalii
    b. Lex Rei Sitae
    c. Lex Contractus
    d. Lex Loci Celebrationis
    e. Lex Domicilii
    f. Lex Fori
    g. Lex Loci Delicti
    h. Lex Loci Solutionis
    3. Recognition and Enforcement of Foreign Judgment

    II. HUMAN RELATIONS


    A. Abuse of Rights (Civil Code, Arts. 19-22)
    1. Acts Contra Bonus Mores
    2. Breach of Promise of Marriage
    B. Unjust Enrichment (Civil Code, Art. 23)

    C. Thoughtless Extravagance (Civil Code, Art. 25)

    D. Tortious Interference (Civil Code, Art. 1314)

    III. PERSONS AND FAMILY RELATIONS


    A. Natural Persons
    1. Capacity to Act; Restrictions (Civil Code, Arts. 37-39)
    2. Commencement and End of Civil Personality (Civil Code, Arts. 40-42)
    3. Proof of Death (Civil Code, Art. 43; Rules of Court, Rule 131, Sec. 3 (jj)

    B. Juridical Persons (Civil Code, Arts. 44-47)

    C. Domicile; Residence (Civil Code, Arts. 50-51)

    D. Surnames (Civil Code, Arts. 364-380; R.A. No. 9048; R.A. No. 10172)

    E. Absentees (Civil Code, Arts. 381-396)

    F. Marriage; General Principles (Family Code, Art. 1)


    *Exclude: Muslim Code (PD 1083)

    1. Essential and Formal Requisites (Family Code, Art. 2-3, 5-11, 20-21, 26,
    31-35)
    *Exclude: Duties of a Civil Registrar (Family Code, Arts. 12-19, 23-25)
    2. Effects of Absence, Defect or Irregularity (Family Code, Art. 4)

    G. Mixed Marriages (Family Code, Art. 26)

    H. Void Marriages; Effects and Remedies (Family Code, Arts. 35-44, 50-54)
    I. Voidable Marriages; Effects and Remedies (Family Code, Arts. 45-54)
    *Exclude: A.M. No. 02-11-10-SC and R.A. No. 6955

    J. Legal Separation (Family Code, Arts. 55-67)


    *Exclude: A.M. No. 02-11-11-SC

    K. Property Relations Between Spouses (Family Code, Arts. 76-81)


    1. Donation Propter Nuptias; Void Donations (Family Code, Art. 82-83,
    86- 87, 43(3), 50)
    2. Marriage Settlements (Family Code, Arts. 75-81)
    a. Absolute Community of Property Regime (Family Code, Arts.
    75- 85, 88-104)
    b. Conjugal Partnership of Gains Regime (Family Code, Arts.
    105- 133)
    c. Separation of Property Regime (Family Code, Arts. 143-146)
    3. Judicial Separation of Property (Family Code, Arts. 134-142

    4. Property Regime of Unions Without Marriage (Family Code, Arts.


    147- 148)

    L. Rights and Obligations Between Husband and Wife (Family Code, Arts. 68-
    73)
    *Exclude: R.A. No. 7192; R.A. No. 8187; R.A. 9710

    M. The Family; Family Home (Family Code, Arts. 149-165)

    N. Paternity and Filiation


    1. Concepts of Paternity, Filiation and Legitimacy (Family Code, Art. 163)
    2. Legitimate and Illegitimate Children (Family Code, Arts. 164-165, 167-
    169)
    a. Proof of Filiation (Family Code, Arts. 172, 173, 175)
    b. Rights of Legitimate Children (Family Code, Art. 174)
    c. Rights of Illegitimate Children (Family Code, Art. 176; R.A. No.
    9255)
    d. Action to Impugn Legitimacy (Family Code, Arts. 166, 170 and
    171)
    3. Legitimated Children (Family Code, Arts. 177-182; R.A. No. 9858)
    *Exclude: A.M. No. 06-11-5-SC

    a. Rights of Legitimated Children (Family Code, Art. 179)


    b. Action to Impugn Legitimacy (Family Code, Art. 182)
    4. Adopted Children
    a. Domestic Administrative Adoption and Alternative Child Care
    Act (R.A. No. 11642)
    b. Inter-Country Adoption Act (R.A. No. 8043)
    c. Simulated Birth Rectification Act (R.A. No. 11222)
    O. Support (Family Code, Arts. 194-208)

    P. Parental Authority (Family Code, Arts. 209-233)


    *Exclude: A.M. No. 03-02-05-SC; A.M. No. 03-04-04-SC; R.A. No. 8972; R.A.
    No. 8980; R.A. No. 9231

    IV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS


    A. Classification of Property
    1. Immovables and Movables (Civil Code, Arts. 414-418)
    2. Public Dominion; Patrimonial; Private (Civil Code, Arts. 419-425)

    B. Ownership; Hidden Treasure (Civil Code, Arts. 427-439)

    C. Right of Accession; Movables and Immovable (Civil Code, Arts. 440-475)

    D. Quieting of Title (Civil Code, Arts. 476-481)

    E. Co-Ownership (Civil Code, Arts. 484-501); Condominium Act (R.A. No. 4726)

    F. Possession (Civil Code, Arts. 523-561)

    G. Actions to Recover Ownership and Possession of Real Property


    1. Accion Interdictal
    2. Accion Publiciana
    3. Accion Reivindicatoria

    H. Easements; Easement of Right of Way (Civil Code, Arts. 613, 649-657)

    I. Nuisance (Civil Code, Arts. 694-707)

    V. DIFFERENT MODES OF ACQUIRING OWNERSHIP (Civil Code, Art. 712)


    A. Occupation (Civil Code, Art. 713-720)

    B. Donation (Civil Code, Arts. 725-773)

    C. Prescription (Civil Code, Arts. 1106-1155)

    VI. LAND TITLES AND DEEDS


    A. Regalian Doctrine (Const., Art. XII, Sec. 2)

    B. Nationality Restrictions on Land Ownership (Constitution, Art. XII, Sec. 7-8)

    C. Registry of Property (Civil Code, Arts. 708-711)

    D. Torrens System; Certificate of Title (P.D. No. 1529, Sec. 39, 44)
    E. Original Registration
    1. Who May Apply (P.D. No. 1529, Sec. 14, as amended by R.A. No.
    11573; C.A. No. 141, as amended; R.A. No. 8371, Sec. 12)
    2. Decree of Registration (P.D. No. 1529, Sec. 31)
    3. Review of Decree of Registration (P.D. No. 1529, Sec. 32)
    4. Innocent Purchaser for Value; Rights (P.D. No. 1529, Sec. 32)

    F. Confirmation of Imperfect Titles (R.A. No. 11573)

    G. Subsequent Registration (P.D. No. 1529, Secs. 51-53)


    1. Voluntary Dealings (P.D. No. 1529, Secs. 111-112)
    2. Involuntary Dealings (P.D. No. 1529, Secs. 69, 74, 76); Adverse Claims
    and Notice of Lis Pendens (P.D. No. 1529, Secs. 70 and 77)

    H. Non-Registrable Properties (Civil Code, Art. 420)

    I. Dealings with Unregistered Lands (P.D. No. 1529, Sec. 113)

    J. Assurance Fund (P.D. No. 1529, Secs. 93-102)

    K. Reconstitution of Title (P.D. No. 1529, Sec. 110)

    VII. WILLS AND SUCCESSION


    A. General Provisions (Civil Code, Arts. 774-782)

    B. Testamentary Succession
    1. Wills (Civil Code, Arts. 783-795)
    2. Testamentary Capacity (Civil Code, Arts, 796-803)
    3. Notarial and Holographic Wills; Joint Will (Civil Code, Arts. 804-819)
    4. Witnesses to a Notarial Will; Qualifications and Disqualifications
    (Civil Code, Arts. 820-824)
    5. Codicils and Incorporation by Reference (Civil Code, Arts. 825-827)
    6. Conflict Rules (Civil Code, 2nd par. Art. 16 and Art. 17)
    7. Revocation of Wills (Civil Code, Arts. 828-834)
    8. Republication and Revival of Wills (Civil Code, Arts. 835-837)
    9. Allowance and Disallowance of Wills (Civil Code, Arts. 838-839)
    10. Institution and Substitution of Heirs (Civil Code, Arts 840-870)
    11. Dispositions with a Condition or Term (Civil Code, Arts. 871-885)
    12. Compulsory Heirs; Legitime (Civil Code, Arts. 886-914)
    13. Disinheritance (Civil Code, Arts. 915-923)
    14. Legacies and Devises (Civil Code, Arts. 924-959)

    C. Intestate Succession
    1. Causes of Intestacy and Relationship (Civil Code, Arts. 960-969)
    2. Right of Representation (Civil Code, Arts. 970-977)
    3. Order of Intestate Succession (Civil Code, Arts. 978-1014)
    D. Provisions Common to Testate and Intestate Succession (Civil Code, Arts.
    1015- 1105

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