Civil Law Reviewer

PROPERTY - Regalian Doctrine o All lands of the public domain belong to the State. The State is the source of any asserted right to ownership of land and charged with the conservation of such patrimony. (Sec. of the DENR, etc. v. Mayor Jose Yap, et al. GR 167707 & 173775) - 2 Principles of Ownership: o Self-help: (Art. 429) The use of force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of one’s property. o State of Necessity: (Doctrine of Incomplete Privilege, Art. 432) Valid interference necessary to avert an imminent danger and threatened damage to the actor or a third person. The damage to another must be much greater than the damage to the property. - Hidden Treasure o Hidden treasure belongs to the owner of the property from which it is found. o If it is found on the property of another, the finder shall be entitled to half of the amount of the treasure.  Exception: If the finder is a trespasser, he shall not be entitled to any share of the treasure. o (Art. 438) If the treasure is of interest to science or the arts, the State may acquire them provided that the finder be paid half of its just price. - Doctrine of Irrevindicability o (Art. 559, NCC) One who has lost any movable or has been unlawfully deprived thereof may recover it from the person in possession of the same.

- Easement of Light and View o Requisites in acquisition of a negative easement of light and view:  Formal prohibition – must be notarized  Distances prescribed in Art 670, NCC  Direct view – 2m from boundary line  Side/oblique view – 60cm from boundary line o Exception: If there is a public way not less than 3m wide.  Lapse of 10 years from formal prohibition - Easement of Right of Way o Requisites:  Ownership/Real right over dominant estate  Landlock not due to own action of the dominant estate  Absolute necessity  Adequacy  Must be made on property that would cause the least damage and has shortest distance from the highway  If both circumstances do not concur in a single estate, it must be made on the property that would suffer least damages even if it does not have the shortest distance from the highway.  Compensation to the servient estate  Exceptions: o Sale o Grant o Simple Donation LAND TITLES AND DEEDS - Confirmation of an imperfect title o Applicant must prove:

 Open, continuous, exclusive and notorious possession and occupation of the subject land by the applicant of through his predecessors in interest under a bona fide claim of ownership from June 12, 1945.  The classification of the land as alienable and disposable land of public domain. (Sec. of National Environment and Natural Resources v. Yap, GR 167707)

PARTNERSHIP - What is partnership by estoppel? o (Art. 1825) When a person represents himself, or consents to another representing him to anyone, as a partner in an existing partnership or with one or more persons not actual partners, he is liable to any such persons to whom such representation has been made, who has, on the faith of such representation, given credit to the actual or apparent partnership.  When a partnership liability results, he is liable as though he were an actual member of the partnership;  When no partnership liability results, he is liable pro rata with the other persons, if any, so consenting to the contract or representation as to incur liability, otherwise separately. - Joint Venture o It is not separate and distinct from a partnership. The prevailing school of thought in the Philippines is that a joint venture is a kind of property similar to a particular partnership. (Hrs. of Tan Eng Kee v. CA) CREDIT - Right of Redemption vs. Equity of Redemption

Right of Redemption

Equity of Redemption

Right which is specifically granted by law to the mortgagor Right granted to a mortgagor to repurchase the property even after the confirmation of the sale and even after the registration of the certificate of sale.

Merely being recognized by law

Right granted to the debtormortgagor, his successor in interest or any judicial creditor of said debtormortgagor or any person having a lien in the property subsequent to its mortgagor deed of trust under which the property is sold to redeem the property within one (1) year from registration of the sheriff’s certificate of sale.

Right of the defendant mortgagor to extinguish and retain ownership of the property by paying the amount fixed in the decision of the court within ninety (90) days to one hundred twenty (120) days after entry of judgment or even after the sale but prior to its confirmation.

In judicial foreclosure of mortgage, there is no right of redemption in a judicial foreclosure of mortgage.

Exercisable within the period stipulated in the mortgage deed and subsists after the sale and before it is confirmed by the court. This means that after the foreclosure sale but before its confirmation, the mortgagor may exercise his right to pay the proceeds of the sale and prevent the confirmation of the sale.

- Exception: When the judicial foreclosure of mortgage is in favor of a banking institution (as mortgagees), in

May be exercised even after the foreclosure sale provided it is made before the sale is confirmed by order of the court.

which case they shall be given a period of “one year after the sale of the real estate”. Such period, however, has been construed to be “one year from the sate of registration of the certificate of sale in the Registry of Property”. In extrajudicial foreclosure There is no equity of redemption in of mortgage, the Right of extrajudicial foreclosure of mortgage. Redemption exists only in extrajudicial foreclosures where there is always a right of redemption within one (1) year from the date of sale but interpreted by the Court to mean one year from the registration of the sale.

SUCCESSION - Soundness of Mind o The testator must:  Know the nature of the estate to be disposed;  Know the proper objects of one’s bounty; and  Know the character of the testamentary act.

- Presumption of knowledge of the language of the will o Requisites:  The will must be in a language generally spoken in the place of execution; and  The testator is a native or resident of the locality. (Abangan v. Abangan) - Valid execution of a notarial will by a handicapped testator o Deaf or Deaf-Mute – The testator must personally read the will. o Illiterate and Deaf/Deaf-Mute – He shall designate two persons to read the will and communicate its contents to him in a practical manner. o Blind or Illiterate – The will must be read to the testator twice:  By one of the attesting witnesses  By the notary before whom the will is acknowledged - Revocation by the act of physical destruction o Requisites:  Corpus – The physical act of destruction or evidence of destruction; and  Animus – The testator, acting by himself or through his agent.

- Preterition o (Art. 854) The omission in testator’s will of one, some or all of the compulsory heirs in the direct line, whether living at the time of execution of the will or born after the death of the testator.  When it does not exist:  Instituted in the will, but the portion given to him is less than his legitime  Given a devise in the will  Received donation inter vivos from the testator

 Not all of the estate is disposed by will. - Preterition vs. Ineffective Disinheritance Preterition Ineffective Disinheritance Total omission from the inheritance Total exclusion of a compulsory heir without express disinheritance from the inheritance Omission is inadvertent Omission is intended Whole institution is annulled if there Disinherited heir is merely restored are no legacies and devises to his legitime