Monthly Archives: August 2014

Legal Ethics Case Digests – Misrepresentation and Non-payment of IBP Dues

Soliman M. Santos, Jr. v. Atty. Francisco R. Llamas

A.C. No. 4749. January 20, 2000

Facts: Complaint for misrepresentation and non-payment of bar membership dues. It appears that Atty. Llamas, who for a number of years now, has not indicated the proper PTR and IBP OR Nos. and data in his pleadings. If at all, he only indicated “IBP Rizal 259060” but he has been using this for at least 3 years already. On the other hand, respondent, who is now of age, averred that he is only engaged in a “limited” practice of law and under RA 7432, as a senior citizen, he is exempted from payment of income taxes and included in this exemption is the payment of membership dues.

Held: GUILTY. Rule 139-A requires that every member of the Integrated Bar shall pay annual dues and default thereof for six months shall warrant suspension of membership and if nonpayment covers a period of 1-year, default shall be a ground for removal of the delinquent’s name from the Roll of Attorneys. It does not matter whether or not respondent is only engaged in “limited” practice of law. Moreover, the exemption invoked by respondent does not include exemption from payment of membership or association dues.

            In addition, by indicating “IBP Rizal 259060” in his pleadings and thereby misprepresenting to the public and the courts that he had paid his IBP dues to the Rizal Chpater, respondent is guilty of violating the Code of Professional Responsibility which provides: Rule 1.01 – A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. His act is also a violation of Rule 10.01 which provides that: A lawyer shall not do any falsehood, nor consent to the doing of any in court; nor mislead or allow the court to be misled by any artifice.

            Lawyer was suspended for 1 year or until he has paid his IBP dues, whichever is later.

 

Source:

Legal Ethics Digests

Ateneo Central Bar Ops 2001

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Legal Ethics Case Digests – Duty of Lawyer to Client/Proper Conduct

Teodoro R. Rivera vs. Atty. Sergio Angeles

A.C. No. 2519. August 29, 2000

Facts: Atty. Sergio Angeles was the legal counsel of Teodoro Rivera and 2 others in a civil case. Rivera and his 2 co-plaintiffs received a favorable decision. Atty. Angeles received almost PhP 50,000 from one of the defendants in the case as partial fulfillment of the judgement against the latter. Atty. Angeles, however, never told his clients of the amount he had received and never remitted the same to him, leaving them to discover such fact on their own. Rivera and his co-plaintiffs filed an administrative complaint for disbarment against Atty. Angeles.

Held: GUILTY. Atty. Angeles was not disbarred but the Court ruled that his act amounted to serious misconduct. The Court has repeatedly stressed the importance of integrity and good moral character as part of a lawyer’s equipment in the practice of his profession. For it cannot be denied that the respect of litigants for the profession is inexorably diminished whenever a member of the Bar betrays their trust and confidence. The Court is not oblivious of the right of a lawyer to be paid for the legal services he has extended to his client but such right should not be exercised whimsically by appropriating to himself the money intended for his clients. There should never be an instance where the victor in litigation loses everything he won to the fees of his own lawyer. For deceit in dealing with his client, Atty. Angeles was suspended from the practice of law for 1 year.

 

Aquilino Q. Pimentel, Jr. vs. Attys. Antonio M. Llorente and Ligaya P. Salayon

A.C. No. 4690. August 29, 2000

Facts: Attys. Antonio Llorente and Ligaya Salayon were election officers of the COMELEC and held the position of Chairman and Vice-Chairman respectively for the Pasig City Board of Candidates. The respondents helped conduct and oversee the 1995 elections. Then Senatorial candidate Aquilino Pimentel, Jr. alleged that the respondents tampered with the votes received by them by either adding more votes for particular candidates in their Statement of Votes (SoV) or reducing the number of votes of particular candidates in their SoV. Pimentel filed an administrative complaint for their disbarment. Respondents argued that the discrepancies were due to honest mistake, oversight and fatigue. Respondents also argued that the IBP Board of Governors had already exonerated them from any offense and that the motion for reconsideration filed by Pimentel was not filed in time.

Held: GUILTY. Respondents do not dispute the fact that massive irregularities attended the canvassing of the Pasig City election returns. The only explanation they could offer for such irregularities is that the same could be due to honest mistake, human error, and/or fatigue on the part of the members of the canvassing committees who prepared the SoVs. There is a limit, we believe, to what can be construed as an honest mistake or oversight due to fatigue, in the performance of official duty. The sheer magnitude of the error renders the defense of honest mistake or oversight due to fatigue, as incredible and simply unacceptable. Indeed, what is involved here is not just a case of mathematical error in the tabulation of votes per precinct as reflected in the election returns and the subsequent entry of the erroneous figures in one or two SoVs but a systematic scheme to pad the votes of certain senatorial candidates at the expense of the petitioner in complete disregard of the tabulation in the election returns. A lawyer who holds a government position may not be disciplined as a member of the bar for misconduct in the discharge of his duties as a government official. However, if the misconduct also constitutes a violation of the Code of Professional Responsibility or the lawyer’s oath or is of such character as to affect his qualification as a lawyer or shows moral delinquency on his part, such individual may be disciplined as a member of the bar for such misconduct. Here, by certifying as true and correct the SoVs in question, respondents committed a breach of Rule 1.01 of the Code which stipulates that a lawyer shall not engage in “unlawful, dishonest, immoral or deceitful conduct.” By express provision of Canon 6, this is made applicable to lawyers in the government service. In addition, they likewise violated their oath of office as lawyers to “do no falsehood.” The Court found the respondents guilty of misconduct and fined them PhP 10,000 each and issued a stern warning that similar conduct in the future will be severely punished.

 

Source:

Legal Ethics Digests

Ateneo Central Bar Ops 2001

Legal Ethics Case Digests – Duty to Client/Accounting of Client’s Money/Negligence

Teodulfo B. Basas vs. Atty. Miguel I. Icawat

A.C. No. 4282. August 24, 2000

Facts: Atty. Miguel Icawat was the lawyer for Teodulfo Basas and some other laborers in their complaint against their employer. The NLRC rendered an adverse decision. Basas and his fellow workers, however, insisted that they appeal the decision. Atty. Icawat, however, failed to file the required memorandum of appeal. Basas filed an administrative complaint, also alleging that Atty. Icawat issued a receipt for an amount less than that which they had paid him.

Held: GUILTY. Respondent’s failure to file the memorandum of appeal required by the NLRC Rules of Procedure reveals his poor grasp of labor law. Respondent practically admitted that he did not file the memorandum. His failure to file the memorandum clearly prejudiced the interests of his clients. Respondent manifestly fell short of the diligence required of his profession, in violation of Canon 18 of the Code of Professional Responsibility, which mandates that a lawyer shall serve his client with competence and diligence. Rule 18.03 further provides that a lawyer shall not neglect a legal matter entrusted to him, and his negligence in connection therewith shall render him liable. For his failure to issue the proper receipt for the money he received from his clients, respondent also violated Rule 16.01 of the Code of Professional Responsibility which states that a lawyer shall account for all money or property collected or received for or from the client. The Court fined Atty. Icawat in the amount of PhP 500, with a warning that a repetition of the same offense or a similar misconduct will be dealt with more severely.

 

Source:

Legal Ethics Digests

Ateneo Central Bar Ops 2001

Legal Ethics Case Digests – Duty to the Court/Negligence of a Lawyer

In Re: Vicente Y. Bayani

A.C. No. 5307. August 9, 2000

Facts: Atty. Vicente Bayani was the lawyer for the appellant in a criminal case. He failed to submit his proof of service in his appellant’s brief which subsequently caused the inability of the appellee to file his own brief. The IBP was order to investigate on the matter and despite repeated notices, Bayani failed to submit the proof of service and his answer to the IBP’s query. Hence, this administrative complaint.

Held: GUILTY. Atty. Bayani’s failure to submit proof of service of appellant’s brief and his failure to submit the required comment manifest willful disobedience to the lawful orders of the Supreme Court, a clear violation of the canons of professional ethics. It appears that Atty. Bayani has fallen short of the circumspection required of a member of the Bar. A counsel must always remember that his actions or omissions are binding on his clients. A lawyer owes his client the exercise of utmost prudence and capability in that representation. Further, lawyers are expected to be acquainted with the rudiments of law and legal procedure and anyone who deals with them has the right to expect not just a good amount of professional learning and competence but also a whole-hearted fealty to his client’s cause. Having been remiss in his duty to the Court and to the Bar, Atty. Bayani was suspended from the practice of law for 3 months and until the time he complies with the Order of the Supreme Court to submit the required proof of service.

 

Source:

Legal Ethics Digests

Ateneo Central Bar Ops 2001

Jokes Part IV

Laugh out your stress.  Read the best Filipino lawyer’s jokes from Atty. Lauro (Larry) Gacayan.

Thank you, Atty. Gacayan, for sharing your jokes.

laughteristhebestmed

 SAFE DRIVING…

Abe: (Nagmamaneho) Baby, pa-kiss naman oh.

Maldita: Ano ka ba baby? Nag-da-drive ka! Gusto mo bang mabangga tayo? Ako na lang ang ki-kiss sa iyo.

Abe: Sige, baby…thanks…

Maldita: Okey. Pikit ka muna baby kiss na kita!…hehehe

 

ANOTHER VIOLATION OF THE RIGHT TO EQUAL PROTECTION?

**PINAPAWISAN

Bakit kapag ang gwupo ang pinapawisan, the girls describe him as “HOT”

PERO

Kung ang pangit naman ang pinapawisan, the girls say he is “DUGYOT”?

**BADING

Bakit kung pogi ang bading, the girls say “SAYANG”

PERO

Kapag pangit ang bading, they say “SALOT”!

Please explain…

 

FINAL EXAM TO PRIESTHOOD

Final Exams na nina Abe bilang Seminarista at ang kanyang 30 kamag-aral pagkatapus ng limang taon na di nakalabas sa seminario at walang nakikitang mga babae…

Priest (Examiner): Pag naipasa nyo itong ibibigay kung exams nyo, full-pledged priests na kayung lahat.Sasabitan ko ang bell ang inyung mga private organs. Kung tutunog, bagsak kayo sa exams at di pa pwedeng magpapare.Dito muna kayo ng isang taon.

Ang unang bahagi ng exam ay ang pagbibigay ng porno magazines sa bawat isa. Puro sobrang bold pictures ng mga babaeng Amerikana. Walang tumunog na bell. Pasado lahat.

Ang ikalawang bahagi ng exams ay ang panunuood nila ng triple-X rated films kasama ang pelikulang DEEP THROAT ni Linda Lovelace. Walang tumunog. Psado silang lahat.

Habang hinihintay ang ikatlo at hiling pagsubok, di na nakayanan ni Abe ang init sa loob ng kwartong pinagdausan ng exam kasi walang aircon o electric fan man lang. Pinagpapawisan na siya.Inalis ni Abe ang kanyang suot na sutana at aksidenting lumabas ang kanyang itinatago.

BIGLANG NAGTUNUGAN LAHAT NG BELL NG MGA KAESKWELA!!

Si Abe lang ang pumasa!

 

PILOSOPO KA AH?

Mcdo Crew: (To Abe who is falling in line to the Cashier) Good morning sir. Ano po ang order nyo?

Abe: Isang large burger at large Coke.

Mcdo Crew: Dito po nyo ba kakainin?

Abe: Uhhhmmm, pwedeng sa table na lang? Nakakahiya kasi kung dito may nakapila pa sa likuran?

Mcdo Crew: Sir, Sa table ho? Ayaw nyo po bang sa plato kakainin para di baboy tingnan? hehehe

 

T H E O R Y

THEORY OF EVOLUTION: ….1/2 unggoy
Jaime Zobel de Ayala: 1/2 Pinoy, 1/2 Spanish
Henry Sy: 1/2 Pinoy, 1/2 Chinese
Lito Atienza: 1/2 Hawaiian, 1/2 Polo
Mike Arroyo: 1/2 Pinoy, 1/2 Pork
John Osmena: 1/2 Pinoy, 1/2 Pinay
Prospero Pichay: 1/2 Unggoy, 1/2 Gulay
Gloria Macapagal Arroyo: 1/2….only

 

N A G M A N A

Abe: Dad, pinagalitan ako ng teacher ko.

Dad: Bakit?

Abe: Hinalikan ko kasi seatmate ko eh.

Dad: Itong binatilyo ko talaga, nagmana sa akin. Masarap ba?

Abe: Opo Dad, pogi po eh!

 

W E A K N E S S

(Sa Loob ng SM City Baguio)

Abe: (to his new GF) Baby, yung naka red shirt near the BDO ATM machine ang sinasabi kung ex-girlfriend ko.

Marie: Yaaaks! Ang pangit-pangit naman!

Abe: Wala akung magagawa, yan talaga ang weakness ko ever since…

 

DENIAL OF THE EQUAL PROTECTION OF THE LAW

A lady student in Constitutional Law II (Bill of Rights) asked during class discussions on the right to equal protection under the Constitution:

Kristine:   If I sleep with three (3) different men, everyone calls me a slut. But when a man sleeps with ten (10) different women, everyone calls him a real man. How come?

Prof. Larry:   Confucious answered that centuries ago, my dear. It’s very simple. When one lock could be opened by three (3) different keys, it is definitely a bad lock. But when one (1) key can open ten (10) different locks, its a Master Key!!!

Jokes Part III

Laugh out your stress.  Read the best Filipino lawyer’s jokes from Atty. Lauro (Larry) Gacayan.

Thank you, Atty. Gacayan, for sharing your jokes.

laughteristhebestmedPHILOSOPHIES OF THE MODERN TIMES

  1. The wise never marry. When they do, they become otherwise;
  2. Your future depends on your dreams. So do not work just go to sleep.
  3. Love is photogenic. It needs darkness to develop.
  4. Children in backseats cause accidents; but accidents in the backseat cause children;

    5. Conserve water. So drink beer; and

  5. Save water. Shower with a partner!

 

SAYINGS TO LIVE BY…

  1. Birds of the same feather are definitely the same birds;
  2. Do not do unto others what you can’t do;
  3. An apple a day is not an apple at night;
  4. When the cat is away, the mouse is alone;

    5. If others can do it, don’t help;

  5. Tell me who your friends are and I will tell you mine;
  6. Early to bed and early to rise makes you sleepy in the afternoon!

 

FOOLING AROUND

Abe and his wife, even though he is not that handsome, are blessed with two (2) stunningly beautiful daughters. But he is dying to have a son.

After 10 years of waiting, a boy was born but Abe was horrified to see a very ugly child.

He went to the hospital bed of his wife and confronted her:

Abe: Look at the two very beautiful daughters that I fathered. This newly-born baby could not have been my son. Have you been fooling around on me?

Susan: Promise dear, not this time!

 

DIVISION OF PROPERTIES FOR “SEPARATING” SPOUSES

Atty. Abe and his wife Jenny, with no children, both sexually active in their younger years, are now in their early 40’s but already sexually cold with each other.

Abe: Hindi na rin lang natin mahal ng isat’ isa maghiwalay na lang tayo!

Jenny: Mabuti pa!

Abe: Sa akin ang mansion natin sa Baguio City!

Jenny: Ok lang basta sa akin ang condo natin sa Bellagio!

Abe: Ok lang basta sa akin ang palayan natin sa Nueva Ecija!

Jenny: Ok lang basta sa akin yung lansones farm natin sa San Pedro, Laguna!

Abe: Sa akin yung kotse nating BMW 2013 model at sa iyo na yung palyadung Mitsubishi Lancer 2000 Model na kotse natin kasi ako rin lang naman ang nagtatrabaho!

Jenny: Ok lang basta sa akin si Bomber, ang machung driver natin!

Abe: Magpatayan na lang tayo! Over my dead body!….hehehe

 

5 SECRETS TO A COMPLETE HAPPINESS OF A MAN

  1. It is important to find a woman who is good at household chores, cooks well, prepare for your office needs, and could take care of the kids in your absence;
  2. It is important to find a woman who could escort you and you could display to your friends during social functions;
  3. It is important that the woman shares shares the same life goals and common visions as you;
  4. It is also very important to find a woman who is excellent in bed and loves to have endless sex with you; and
  5. It is very important that these four (4) women never meet since it is difficult to find the above qualities in only one woman… — Agree?

 

LATEST EXPECTED HIT SINGLE OF FREDDIE AGUILAR…

Nung late 70’s, ang single ni Freddie Aguilar na pinamagatang “ANAK” ay naging Gold Record hindi lang sa Pilipinas at sa buong Asya.

Ilalabas na ang bagong expected hit ni Freddie which will sell like hotcakes. Ang title ay….

“APO”….

HEHEHE

 

ANOTHER VIOLATION OF THE CONSTITUTIONAL RIGHT TO EQUAL PROTECTION OF THE LAW?

Nahuli ni Badong ang kanyang tatay at si Joya na katulong nila na nagdo-dog style sa kanilang likod bahay. Kinabahan si tatay na baka magsumbong ang anak sa kanyang asawa.

Abe: Anak, ito ang P500.00, hwag mung sasabihin sa nanay mo ang nakita mo ha? Please?

Badong: Eh, ‘tay, unfair naman pag P500.00 lang.

Abe: Bakit anak?

Badong: Kasi nung nakita ko si nanay at si Ninong Ceasar na nagsi-69 sa kwarto ninyo nung nagbabar lecture ka sa Cebu, P1,000.00 and binigay niya sa akin!

 

KOREK NA DESKRIPSYUN NG MGA MAMBABATAS NGAYUN…

Hindi dapat tawaging KAGALANG GALANG ang mga MAMBABATAS na SANGKOT sa PORK BARREL SCANDAL…

Ang dapat itawag sa kanila ay…

KAGULANG GULANG NA MAMBUBUTAS…

 

DIFFERENCES BETWEEN COMPLETE AND FINISHED…

No English Dictionary has been able to explain the real differences between the words “COMPLETE” and “FINISHED”. Some people insist that there is no difference. But the truth is, there are.

  1. When you marry the right woman, you are COMPLETE but when you marry the wrong woman, you are FINISHED!
  2. When your wife catches you with another woman, you are COMPLETELY FINISHED. But when your wife likes shopping at SM CITY BAGUIO so much, you are FINISHED COMPLETELY!

 

DENIAL OF THE EQUAL PROTECTION OF THE LAW…

A lady student in Constitutional Law II (Bill of Rights) asked during class discussions on the right to equal protection under the Constitution:

Lady Mae:   If I sleep with three (3) different men, everyone calls me a slut. But when a man sleeps with ten (10) different women, everyone calls him a real man. How come?

Larry:   Confucious answered than centuries ago. It’s very simple. When one lock could be opened by three (3) different keys, it is definitely a bad lock. But when one (1) key can open ten (10) different locks, its a Master Key!!!

 

THE BEAUTY OF HAVING A WIFE?

Christopher Columbus might not have never discovered America if he was married because the following would have taken place before his long journey.

WIFE:
Where are you going?
With whom?
How?
What for?
Why you?
What should I do when you are gone?
Can I come along?
When will you be back?
Where will you stay?
Will you be missing me?

And his answer will be:
Columbus:   Ok fine… I won’t go! Happy???…….hehehe

Jokes Part II

Laugh out your stress.  Read the best Filipino lawyer’s jokes from Atty. Lauro (Larry) Gacayan.

Thank you, Atty. Gacayan, for sharing your jokes.

 laughteristhebestmed

IMPOSIBLE!

Isang araw, napansin ni John na sobrang problemado ang kanyang kaibigan na si Abe.

John: Mukhang may malalim ata tayung problema pare ah?

Abe: Oo nga pare.

John: Ano yun?

Abe: Pare, nabuntis ko yung sekretarya ko!

John: Di ba sinabi ko nun na hwag kalimutang gagamit ng contraceptives?

Abe: Pare, gumagamit naman ako ng condom lagi!

John: Makinig ka pare at ipapaliwanag ko!

Abe: Sige nga pare at takut akung malaman ito ng kumare mo.

John: May isang lalake na umakyat ng gubat na may dala-dalang payong. Biglang may sumalubong sa kanya na malaking tigre na akmang papatay sa kanya. Kinalabit niya ang pindutan ng payung niya at may narinig siyang malakas na tunog ng baril. Patay ang malaking tigre!

Abe: Hahahaha..Imposible naman yun pare! BAKA MAY IBANG TUMIRA SA TIGRE PARE!

John: EXACTLY!

 

NAPANSIN NI MISIS…

Misis: Inday, napansin mo ba ang barong ni Sir mo nung nilabhan mo na may lipstick eh hindi naman ako naglilipstick ng ganitong kulay?

Inday: Opo ma’am kaya galit na galit nga po ako. Mukhang niloloko na tayo ni sir ah?

 

NAAAWA SA ASAWA

During cross-examination in a trial for Parricide…

Atty. Abe (Private Prosecutor): Habang pinapanuod mng inumin ang kapeng may lason ang namayapa mong asawa, hindi ka man lang ba naawa sa kanya kahit isang beses?

Diana (Wife-Accused): Naawa naman po ako.

Atty. Abe: At kailan yun?

Diana: Nun’ng humingi pa ng isa pang tasa ng kape!

 

ANG BABAE, BOW…

May babae na talagang maganda; meron din mga babae na maganda lang sa malayo; at meron din namang mga babaeng malayung maging maganda…

 

K A L A N D I A N

In Abe’s Math Class…

Teacher: Abe, kung may 5 akung anak sa una kung boyfriend, 7 anak sa ikalawa kung boyfriend at 4 na anak sa ikatlo kung boyfriend, meron akung…

Abe: KALANDIAN po. Isa kang karengkeng, malandi, haliparot, pokpok, imoral ma’am!

Teacher: Get out. Bagsak ka na sa subject ko! hehehe

 

A DENTIST’S ADVICE…

Please treat your boyfriend or girlfriend like your toothbrush…

Do not let anybody use it while you are still using it….and

CHANGE IT EVERY MONTH! hehehe

 

A DYING MAN’S CONFESSION…

Abe felt that he was dying so he feels it is high time to confess his sins to his wife..

Abe: Love, I have something to confess.

Marie: There’s no need to, baby.

Abe: No, I insist. I want to die with a clear conscience.I want to die in peace.

Marie: Okay.

Abe: I had sex with your sister Alma. Also with your best friend Mae and her best friend Joy. Lastly, I had also sex with your widowed mother, Genevieve.

Marie: I know. Please just rest and let the poison work!

 

HOLIDAY SEASONS…

Teacher: Ano ang holiday para sa mga magkakasintahan?

Abe: Valentine’s Day Ma’am!

Teacher: Ano naman ang holiday para sa ating mga nanay?

Abe: Mother’s Day, Ma’am.

Teacher: Ano naman ang holiday para sa mga tatay?

Abe: Father’s Day, ma’am!

Teacher: Ano naman ang holiday ng mga buntis?

Abe: Labor Day po Ma’am!

Teacher: Ano naman ang tawag sa holiday ng mga binata na walang girlfriend?

Abe: Palm Sunday Ma’am!

 

MAGASTOS

Marie: Tama na yang beer na yan. Inum ka ng inom, magastos!

Elmer: Ikaw, make-up ka ng make-up, maastos!

Marie: Alam mo, kaya ako nagmamake-up para laging maganda ako sa iyo!

Elmer: Alam mo ba na kaya lagi akung inom ng inom ng beer para gumanda ka naman sa paningin ko!

 

TANING NG BUHAY…

Pagkatapus ng kanyang “executive check-up”, kinausap ng Doctor si Abe:

Doctor: Atty. Abe, I am sorry to tell you that you have brain cancer. May taning na ang buhay mo at ang pinakamatagal ay anim na buwan.

Abe: Wala na bang pag-asa Doctor?Ano po ang maganda kung gagawin?

Doctor: Mag-asawa ka ng pangit at bungangera.

Abe: Bakit Doctor, gagaling ba ako pag pangit at bungangera ang mapapangasawa ko?

Doctor: Hindi. Pero pag ganun ang mapapangasawa mo, hindi na masakit ang mamatay kasi mas mabuti pa ang mamatay kaysa mabuhay!…hehehe

 

SEX WITH A PATIENT, UNETHICAL BUT SEX WITH A CLIENT, NORMAL?

Doctor Rene received a Notice to Vacate his clinic from the Building Administrator for “unethical conduct”.

He immediately went to see his friend, Atty. Abe, for legal advice regarding his options on the matter.

Atty. Abe: Doc, what is the basis of the Building Administrator to eject you from that building?

Doc. Rene: Allegedly based on unethical conduct, Atty.

Atty. Abe: What is the evidence of the Building Administrator constituting “unethical conduct”, doctor?

Doc. Rene: The sworn statements of two (2) security guards of the building who saw me having sexual intercourse with my patient, Atty.

Atty. Abe: Did you really have sexual intercourse with your patient, Doctor?

Doc Rene: Yes, Atty. Did I violate any law? I heard from unimpeachable sources that you had sexual intercourse with some of your beautiful and sexy lady clients, is that not also unethical?

Atty. Abe: To me, sex with a client is normal. But you, Doctor, sex with your patient is unethical. PLEASE REMEMBER THAT YOU ARE A VETERINARIAN!

 

WHO IS THE LUCKIEST PARENT?

It was an alumni homecoming in a top university in Manila. The classmates were talking about their children.

Marvin: I am very lucky. My only son topped the Bar Exams five (5) years ago and he is now a partner in one of the most prestigious law offices in Makati. He earns millions per month. His Law Office is the retainer of 12 of the top 100 corporations in the Philippines. He gifted his girlfriend a 2013 Red Porsche Carrera worth more than P10M! He gives her a monthly allowance of P50,000.00!

Sonny: I also consider myself very lucky. My only son finished his Masters in Business Administration at Harvard Business School and is now the CEO of a big telecommunications company earning millions in salaries and allowances per month. Like your son Marvin, he is still single. He just gifted his girl-friend one of the 4 penthouses at The Bellagio in Global City worth P40M, more expensive than the unit of former Chief Justice Renato Corona which is in the lower floors. He gives his gf P100,000 per month as her allowance.

Auggie: My son is the top cardiologist at St. Luke’s. His patients include the top CEO’s of the biggest corporations in the country. His income is over P5M per month. He gifted his girlfriend a vacation house in Baguio City worth P20M! He gives his gf P100,000 monthly allowance.

Larry, one of their closest classmates 20 years ago was very sad and was not talking. They asked him about his only son.

Larry. I am very sad to tell you that my only son did not finished college. He is gay but appears to be a perfectly-beautiful woman though he has not undergone sex change. He has no work but gives me P50,000.00 per month as my allowance. One of his bf’s gifted him a 2013 Red Porsche Carrera which he drives around the city plus monthly allowance. He lives at the most expensive penthouse at The Bellagio in Global City which was a gift from another boyfriend who also gives him P100,000 monthly allowance and if he is tired of the heat and pollution in Metro Manila, he goes to his P20M mansion in Baguio City which was a gift from another bf who like the other two (2), does not know that he is a man!

 

 

SEXUAL HARASSMENT?

Yesterday, Ms. Maldita, the very beautiful and sexy secretary of a middle-aged lawyer in Baguio came to my office to engage my legal services in filing a criminal case against her boss.

Maldita: Attorney, I want to engage yourlegal services. I want to file a criminal case against my boss, Atty. Jack Ibagbaga.

Atty. Larry: Anung kaso Miss?

Maldita: Sexual harassment, Attorney!

Atty. Larry: Bakit sexual harassment?

Maldita: Sinabihan nya ba naman akung “ang bango ng buhok mo!”

Atty. Larry: Eh anung masama nyan? In fact, he was praising you.

Maldita: Attorney, unano ang boss ko! Unano!…hehehehe

Jokes Part I

Laugh out your stress.  Read the best Filipino lawyer’s jokes from Atty. Lauro (Larry) Gacayan.

Thank you, Atty. Gacayan, for sharing your jokes.

laughteristhebestmed

HOUSE RULES….

Atty. Abe: [To his Wife] I come home when I want to, I will go anywhere I like and when I come home, I want my meals ready! Is that understood?

Maldita: Okay, that is not a problem to me. But I want to have sex at 7 p.m. everyday, whether you are here or not!

 

EXTENSIVE TESTS

Maldita consulted a sex therapist regarding her problem.

Maldita: Doctor, paano ko malalaman na sex maniac ako kasi lagi akung binibiro na ganyan daw ako ng mga kaibigan ko?

Doctor: Marami tayung gagawin na tests iha. Pero bago ang lahat, please bitiwan mo munba ang itlog ko!

 

PARKER PEN…

Abe: (To the salesgirl) Miss pabili nga Parker pen.

Saleslady: Sorry po sir, wala po kaming tindang ballpen dito.

Abe: My God! Anung klaseng Penshoppe ito na walang tindang ballpen!

 

KALOKOHAN!

Doctor: Bago ka pumunta dito, may nauna ka na bang pinagkunsultahan tungkol sa sakit mo?

Abe: Sa albularyo po.

Doctor: Anung KALOKOHAN ang pinayo sa iyo?

Abe:Pupunta raw ako sa iyo dok!

 

QUICK CHECK ON BRIDE’S VIRGINITY

Gani is planning to get married to his long-time GF Maldita whom he was not able to bring to a private place during their relationship saying she wants to be virgin up to their honeymoon.

Gani consulted Atty. Abe, a sex guru, how he could tell if his bride is indeed virgin on their honeymoon.

Atty. Abe: Well, you need three (3) things. One, a small can of red paint, a small can of blue paint and a small hammer.

Gani: And what shall I do with these three?

Atty. Abe: Before the wedding night, paint one of your testicles with red and the other blue.

Gani: What will these tell me whether my bride is really virgin?

Atty. Abe: If your bride says during your honeymoon “that’s the strangest pair of balls I’ve ever seen!”, then she is not a virgin.

Gani: Where shall I use the small hammer then?

Atty. Abe: After she says yours is the strangest pair of balls she has seen,, hit her head with the hammer!

 

HUBBY’S PICTURE

Atty. Abe saw his picture being placed by his wife in her bag when going to work.

Atty. Abe: Love, lagi kung nakikita na dinadala mo ang picture ko sa bag mo kapag pumapasuk ka sa trabaho mo? Bakit?

Jenny: Pag may problema ako, kahit gaano kabigat, mawawala kapag nakikita ko ang picture mo.

Atty. Abe: Sabi ko na nga ba na talagang mahal na mahal mo ako eh.

Jenny: Tinitingnan ko lang ang picture mo, tapus sinasabi ko na sa sarili ko na WALA NANG PROBLEMA NA MAS MAHIGIT PA RITO—BABAERO, SUGAROL AT LASENGGERO—at kaya ko nang gawin lahat ng mabibigat na trabaho sa office!

MOTION TO RESET

Atty. Abe has just finished a Motion to Reset his case for tomorrow because of an urgent family matter to attend to.

Atty. Abe: (to his Visayan Secretary) Ipadala mo nga itong Motion to Reset kay Atty. Larry para hindi na pupunta sa kaso namin bukas sa RTC Baguio.

Maldita: Sir, ITITIlegram ko ba o IKIKI-ble ko, sir?

Atty. Abe: i-FUCKS mo na lang!

 

E G G

Atty. Richard was at the the Women’s Section of SM Baguio to buy a BRA as a surprise gift to his girlfriend Maldita.

Salesgirl: Sir, ano ho ang hinahanap nyo?

Atty. Richard: Bra sana para gf ko.

Salesgirl: Sir, what is the size of the boobs of your girlfriend?

Atty. Richard: I do not know eh.

Salesgirl: Is it as big as a papaya, sir?

Atty. Richard: No!

Salesgirl: As big as an apple, sir?

Atty. Richard: No!

Salesgirl: Ahhh..as big as an egg, sir?

Atty. Richard: YES!….but fried!

 

THE CASE OF THE DEFECTIVE ALARM CLOCK

Abe: First time na nagising ako dahil sa alarm clock namin!

Mar: Pards, di ba sinabi mo nun na sira ang alarm clock nyo, Naparepair mo na ba kaya ginising ka na niya?

Abe: Hindi pa friend.

Mar: Paano ka nagising dahil sa alarm clock nyo kung sira pa na sabi mo?

Abe: Yun ang ibinato sa akin ni misis kaya nagising ako! huhuhu

 

THE CASE OF THE DOMINEERING WIFE

Four (4) classmates in college were talking about their present lives in relation to their professions.

P/Chief Supt. Abe: I arrest people but when I go home, I’m the one under house arrest by my WIFE!

Law Prof. Rey: I give lectures to my students regarding their human rights but when I go home,I am the one being lectured by my WIFE!

Supervisor Gani: I am the boss at work but when I am at home, I always feel like I am just an ordinary employee of my WIFE!

Judge Caloy:I give justice to people but when I am home, I beg for justice from my WIFE!

AYAW NG PAMILYA NIYA

Brenda: Maldita, malaki na ang tiyan mo ah, ilang buwan na yan?

Madlita; Anim na buwan na fren.

Brenda: Ba’t di pa kayo magpakasal sa boyfren mung lawyer?

Maldita: Ayaw daw ng pamilya niya, eh.

Brenda: Sinong may ayaw sa ganda at kaseksihan mung yan? Ang nanay ba niya o ang tatay niya?

Maldita: Yung asawa niya!

 

THE CASE OF THE” EXPECTED” CHILD…

Three (3) close friends, Mae, Kristina and Brenda were talking regarding their pregnancies and their expected children in less than a month…

Mae, I am very sure that my child will be a girl because I prefer to be always on top when we are making love with my boyfriend…

Kristina: Me, I am very sure that it would be a baby boy because my boyfriend always wants to be dominant over me during sex and that he is partial to the missionary position.

They observed that their friend Brenda was very silent and about to cry. They asked why…

Brenda: I am so afraid I might be giving birth to puppies!

 

MAS MAGANDA YUNG SA ATIN…

Atty. Abe and his wife Jenny, had long been in silent competition with their best friend-couple, Atty. Rene and his wife Remy, in almost everything..

One evening while Abe and jenny were having dinner at Baguio Crown Legacy Hotel, a very young and sexy woman entered the restaurant, greeted Abe and even kissed him on the lips then waved goodbye. Jenny was shocked with the lack of respect to her by the lady. She asked Abe who is the girl and he confessed to Jenny that she is her mistress. Jenny stood up and berated Abe and challenging him that they will split up.

Suddenly, Atty. Rene and a middle-aged woman entered the restaurant with the latter tightly holding the right hand of Atty. Rene and they were very sweet with one another.

Jenny asked Abe who is the woman and Abe told her she is the mistress of Atty.Rene.

Jenny laughed and said I am not angry at you now. At least, nakabawi na tayo kina kumare at kumpadre Remy and Rene. MAS MAGANDA HAMAK NAMAN YUNG SA ATIN KAYSA YUNG KABIT NI PARENG RENE! hahaha

2014 Bar Examinations set in October

bar2014

The Supreme Court (SC) of the Philippines set the schedule for the 2014 Bar examinations to be held on October 5, 12, 19 and 26 respectively.  The  BAR Exam will take place at the University of Santo Tomas (UST) in Manila.

Here are the guidelines for the 2014 BAR Exam according to the Supreme Court of the Philippines:

SYLLABUS FOR 2O14 BAR EXAMINATIONS

BM No 2819 2014 BAR EXAMINATIONS

MEMORANDUM TO ALL BAR EXAMINEES

2014 BAR EXAMINATIONS SAMPLE INSTRUCTIONS

GUIDE AND RULES OF CONDUCT TO THE 2014 BAR EXAMINATIONS

 

As for the BAR forms and requirements, please check the BAR Bulletin of the Supreme Court of the Philippines

Good luck to all applicants.  We wish you the best.

 

 

Civil Law – Property

Title I – PROPERTY

  • Classification (according to mobility):
  1. Immovable – real property
  2. Movable – personal property
  • Requisites:
  1. Utility
  2. Individuality/Substantivity
  3. Susceptibility of appropriation
  • Real Rights
  1. no passive subject – claim against whole world
  2. object is corporeal thing (obligation)
  3. creates juridical relations through mode & title
  4. extinguished through loss or destruction of thing
  • Personal Rights
  1. Passive and active subject
  2. Object is an intangible thing (specific thing)
  3. Creates juridical relations through title
  4. Not extinguished through loss or destruction of thing
  • Immovable property
  1. By nature – cannot be moved from place to place because of their nature

a) land, buildings & all kinds of constructions adhered to soil

b) mine, quarries

  1. By incorporation – essentially movables but attached to an immovable that it becomes an integral part of it
  • trees, plants & growing fruits adhered to soil
  • everything attached to an immovable that it will break if separated
  • statues, paintings if intended by owner to be integral part of immovable
  • animal houses if intended by owner to become permanently attached to immovable
  1. By destination – movables but purpose is to partake of an integral part of an immovable
  • machinery placed by owner of the tenement & tend directly to meet the needs of such works/industry
  • fertilizers – when applied to soil
  • docks & floating structures
  1. By analogy/by law – contracts for public works, servitude & other real rights over immovable property
  • Movable property
  1. susceptible of appropriation that are not included in enumeration in immovable
  2. immovable that are designated as movable by special provision of law
  3. forces of nature brought under control by science
  4. things w/c can be transported w/o impairment of real property where they are fixed
  5. obligations which involve demandable sums (credits)
  6. shares of stocks of agricultural, commercial & industrial entities although they may have real estate
  • Classification of Movables
  1. consumable – cannot be utilized w/o being consumed
  2. non-consumable
  • Classification of Property (according to ownership):
  1. Public dominion –
  • intended for public use
  • intended for public service of state, provinces, cities & municipalities
  • Characteristics:
  • outside the commerce of men – cannot be alienated or leased
  • cannot be acquired by private individual through prescription
  • not subject to attachment & execution
  • cannot be burdened by voluntary easement
  1. Private Ownership –
  • patrimonial property of state, provinces, cities, municipalities
  1. exist for attaining economic ends of state
  2. property of public dominion when no longer intended for public use/service – declared patrimonial
  • property belonging to private persons – individually or collectively

 

 Title II – OWNERSHIP

Chapter 1: OWNERSHIP IN GENERAL

·         Definitions of Ownership

  • Independent and general right of a person to control a thing particularly in his possession, enjoyment, disposition, and recovery, subject to no restrictions except those imposed by the state or private persons, without prejudice to the provisions of the law.
  • Power of a person over a thing for purposes recognized by law & within the limits established by law
  • Attributes:
  1. Jus possidendi – right to possess
  2. Jus utendi – right to enjoy
  3. Jus fruendi – right to fruits
  4. Jus abutendi – right to use and abuse
  5. Jus disponendi – right to dispose
  6. Jus vindicandi – right to exclude others from possession of the thing

Actions for possession:

1. movable – replevin (return of a movable)

2. immovable –

  • forcible entry – used by person deprived of possession through violence, intimidation (physical possession, 1 year unlawful deprivation)
  • unlawful detainer – used by lessor/person having legal right over property when lessee/person withholding property refuses to surrender possession of property after expiration of lease/right to hold property (physical possession, 1 year from unlawful deprivation)
  • accion publiciana – plenary action to recover possession
  • accion reinvindicatoria – recovery of dominion of property as owner
  1. Principle of self help – self defense

Elements:

  • Person exercising rights is owner or lawful possessor
  • There is actual or threatened unlawful physical invasion of his property
  • Use force as may be reasonably necessary to repel or prevent it
  • Available only when possession has not yet been lost, if already lost – resort to judicial process
  • May be exercised by 3rd person – negotiorum gestio
  1. Right to enclose or fence w/o detriment to servitude constituted
  2. Right to surface & everything under it only as far as necessary for his practical interest (benefit or enjoyment)
  3. Right to hidden treasure found in own property
  • hidden and unknown movables w/c consist of money or precious objects
  • owner is unknown
  • by chance – if property owner is state – ½ belongs to finder; also if in another’s property; the finder must not be trespasser
  • Limitation on Ownership
  1. general limitations for the benefit of the state (eminent domain, police power, taxation)
  2. specific limitations imposed by law (servitude, easements)
  3. specific limitations imposed by party transmitting ownership (will, contract)
  4. limitations imposed by owner himself (voluntary servitude, mortgages, pledges)
  5. inherent limitations arising from conflicts with other similar rights (contiguity of property)
  6. owner cannot make use of a thing which shall injure/prejudice rights of 3rd persons (neighbors)
  7. acts in state of necessity – law permits injury or destruction of things owned by another provided this is necessary to avert a greater danger (with right to indemnity – vs. principle of unjust enrichment)
  8. true owner must resort to judicial process – when thing is in possession of another; law creates a disputable presumption of ownership to those in actual possession
  • identify property
  • show that he has better title

 

Chapter 2: RIGHT OF ACCESSION

  • Accession – owner of thing becomes owner of everything it may produce or those which may be incorporated or united thereto
  1. principle of justice
  2. accessory follows the principal
  • Accession continua – accession to products of the thing
  • Rights of owners: natural, industrial & civil fruits

exception: possession in good faith by another, usufruct, lease, antichresis

  • Obligation of owners:
  • Immovables – accretion
  1. Alluvion – owner of lands adjoining banks of river belongs the accretion gradually received from effects of the water’s current
  • Requisites:
  1. deposit is gradual & imperceptible
  2. made through effects of current of water
  3. land where accretion takes place is adjacent to banks of river
  • Rights of riparian owner

Right to accretion ipso facto – no need to make an express act of possession

  1. Avulsion – transfer of a known portion of land from one tenement to another by force of current of waters
  • Rights of riparian owner
  • Right to portion of land transferred if not claimed by owner within 2 years (prescription)
  • Right to trees uprooted if not claimed by owner w/in 6 months; subject to reimbursement for necessary expenses for gathering them & putting them in safe place

3. Change of river bed

  • Right of owner of land occupied by new river course
  1. Right to old bed ipso facto in proportion to area lost
  2. Owner of adjoining land to old bed shall have right to acquire the same by paying its value – value not to exceed the value of area occupied by new bed
  3. Formation of island in non-navigable river
  • owner of margin nearest to islands formed – if nearest to it
  • owner of both margins – if island is in the middle (divided into halves longitudinally)
  1. building, planting & sowing
  • General Rule – whatever is built, planted or sown belongs to owner of land; presumption is owner made them at his expense
  • Exception: contrary is proven
  • Right of owner of material
  1. Right to be indemnified or paid of value of property by owner of land
  2. Right to remove materials if he can do so w/o injury to work constructed if owner has not paid
  3. Right to damages and demolition even if with injury to work if owner of land is in bad faith
  • Right of owner when another builds, plants or sows in his land: (OWNER & BUILDER BOTH IN GOOD FAITH)
  1. Appropriate as his own after paying for indemnity
  2. Oblige the planter, builder to pay for price of land or rent, except when value of lands is greater than thing built – convert to rent
  • Right of Builder in good faith before payment of indemnity of owner in good faith
  1. Right to retain land & building
  2. Right not to be compelled to pay for rent
  3. Right of retention ceases when obliged to pay for value of and if he fails to do so
  • Right of owner in good faith when builder is in bad faith
  1. Right to appropriate what has been built w/o paying indemnity
  2. Order demolition of building
  3. Compel the builder to pay for price of land or rent
  4. Right to damages
  • Right of builder in bad faith when owner is in good faith

Right to be reimbursed for necessary expenses for preservation of land

  • Right of Builder in good faith when owner is in bad faith
  1. Right to indemnity for value of building
  2. Right to damages
  3. Right to demolish w/o payment of indemnity
  • Bad faith on both builder & owner – in pari delicto (no cause of action vs. each other)
  • Right of 3rd person who owns materials
  1. Right to be indemnified for value of materials irrespective of good faith or bad faith of builder or owner; if builder has no property, owner is subsidiarily liable
  2. When builder is in bad faith & owner in good faith & owner compel builder to remove improvements, owner is not subsidiarily liable
  3. When 3rd person is paid by builder, builder may demand from landowner the value of labor & materials

b) Movables

  1. Conjunction / adjunction – 2 movable things which belong to different owners are united to form a single object
  • Test to determine w/c one is the principal:
  1. that to w/c the other intended to be united as ornament or for its use of perfection
  2. value
  3. volume
  • Rights:
  1. If both are in good faith – owner of principal acquired the accessory with indemnification
  2. If both are in good faith – may separate them if no injury will be caused; if value of accessory is greater than principal, owner of accessory may demand separation even if damages will be caused to the principal (expenses to be borne by one who caused the conjunction)
  3. If owner of accessory is in bad faith – owner of accessory with damages to principal
  4. If owner of principal is in bad faith – owner of accessory shall have option of principal paying value of accessory or removal of accessory despite destruction of principal
  5. Owner of accessory or principal has right to indemnity when thing adjuncts w/o his consent – may demand that a thing equal is kind, value and price
  1. Specification – One employs the materials of another in whole or in part on order to make a thing of a different kind; transformation
  • Rights:
  1. If person who made the transformation is in good faith – he shall appropriate the thing transformed as his own with indemnity to owner of material for its value
  2. If material is more precious than transformed thing – owner of material may appropriate the new thing to himself after indemnity paid to labor or demand indemnity for materials
  3. If person who made the transformation is in bad faith, owner of material shall appropriate the work to himself w/o paying maker or demand indemnity for value of materials & damages
  4. If transformed thing is more valuable than material, owner of material cannot appropriate
  1. Commixtion / confusion – 2 things of the same or different kinds are mixed & are not separable w/o injury
  • Rights:
  1. If both owners are in good faith – Each owner shall acquire a right proportional to the part belonging to him (vis-a-vis the value of the things mixed or confused)
  2. If one owner is in bad faith – he shall lose the thing belonging to him plus indemnity for damages caused to owner of other thing mixed with his thing
  3. If both in bad faith   no cause of action against each other

Chapter 3:   QUIETING OF TITLE

  • Reasons:
  1. prevent litigation
  2. protect true title & possession
  3. real interest of both parties which requires that precise state of title be known
  • Action to quiet title
  • put end to vexatious litigation in respect to property involved; plaintiff asserts his own estate & generally declares that defendant’s claim is w/o foundation
  • when proper:
  1. contract has been extinguished or terminated
  2. contract has prescribed
  3. remove cloud
  • Action to remove cloud
  • intended to procure cancellation, delivery, release of an instrument, encumbrance, or claim constituting a on plaintiff’s title which may be used to injure or vex him in the enjoyment of his title
  • Cloud – any instrument which is inoperative but has semblance of title
  • Requisites:
  1. Plaintiff must have legal or equitable interest
  2. Need not be in possession of property
  3. Return to defendant all benefits received – he who wants justice must do justice

Chapter 4: RUINOUS BUILDINGS AND TREES IN DANGER OF FALLING

  • Liability for damages:
  1. collapse – engineer, architect or contractor
  2. collapse resulting from total or partial damage; no repair made – owner; state may compel him to demolish or make necessary work to prevent if from falling
  3. if no action – done by government at expense of owner

Title III – CO-OWNERSHIP

  • Co-ownership
  • plurality of subjects – many owners
  • unity of material (indivision) of object of ownership
  • recognition of ideal shares
  • Causes/Sources:
  1. law
  2. contracts
  3. succession
  4. fortuitous event/chance – commixtion
  5. occupancy – 2 persons catch a wild animal
  • Distinguished from partnership
  • partnership created only by agreement; co-ownership has many sources
  • purpose of partnership is to obtain profit; co-ownership is collective enjoyment of a thing
  • in partnership there is juridical personality distinct from individuals, none in co-ownership
  • partnership can be created for more than 10 years, not in co-ownership
  • partners cannot transfer rights w/o consent of other co-partners, not co-ownership
  • partnership extinguished when partner dies, not in co-ownership
  • distribution of profits in partnerships may be stipulated, this is not flexible in co-ownership but depends on ideal share/interest
  • Rights of co-owners
  1. Right to benefits proportional to respective interest; stipulation to contrary is void
  2. Right to use thing co-owned
    1. for purpose for which it is intended
    2. without prejudice to interest of ownership
    3. without preventing other co-owners from making use thereof
  3. Right to change purpose of co-ownership by agreement
  4. Right to bring action in ejectment in behalf of other co-owner
  5. Right to compel co-owners to contribute to necessary expenses for preservation of thing and taxes
  6. Right to exempt himself from obligation of paying necessary expenses and taxes by renouncing his share in the pro-indiviso interest; but can’t be made if prejudicial to co-ownership
  7. Right to make repairs for preservation of things can be made at will of one co-owner; receive reimbursement therefrom; notice of necessity of such repairs must be given to co-owners, if practicable
  8. Right to full ownership of his part and fruits
  9. Right to alienate, assign or mortgage own part; except personal rights like right to use and habitation
  10. Right to ask for partition anytime
  11. Right of pre-emption
  12. Right of redemption
  13. Right to be adjudicated thing (subject to right of others to be indemnified)
  14. Right to share in proceeds of sale of thing if thing is indivisible and they cannot agree that it be allotted to one of them
  • Duties/Liabilities
  1. Share in charges proportional to respective interest; stipulation to contrary is void
  2. Pay necessary expenses and taxes – may be exercised by only one co-owner
  3. Pay useful and luxurious expenses – if determined by majority
  4. Duty to obtain consent of all if thing is to be altered even if beneficial; resort to court if non-consent is manifestly prejudicial
  5. Duty to obtain consent of majority with regards to administration and better enjoyment of the thing; controlling interest; court intervention if prejudicial – appointment of administrator
  6. No prescription to run in favor co-owner as long as he recognizes the co-ownership; requisites for acquisition through prescription
    1. he has repudiated through unequivocal acts
    2. such act of repudiation is made known to other co-owners
    3. evidence must be clear and convincing
  1. Co-owners cannot ask for physical division if it would render thing unserviceable; but can terminate co-ownership
  2. After partition, duty to render mutual accounting of benefits and reimbursements for expenses
  3. Every co-owner liable for defects of title and quality of portion assigned to each of the co-owner
  • Rights of 3rd parties
  1. creditors of assignees may take part in division and object if being effected without their concurrence, but cannot impugn unless there is fraud or made notwithstanding their formal opposition
  2. non-intervenors – retain rights of mortgage and servitude and other real rights and personal rights belonging to them before partition was made.

 

Title V – POSSESSION

  • Possession – holding of a thing or enjoyment of a right
  1. occupancy – actual or constructive (corpus)
  2. intent to possess (animus)
  • How acquired:
  1. material occupation – possession as a fact
    1. physical
    2. constructive – tradicion brevi manu (one who possess a thing short of title of owner – lease );

tradicion constitutum possesorium (owner alienates thing but continues to possess – depositary, pledgee, tenant)

  • cannot be recognized at the same time in 2 different personalities except co-possession
  • question arise regarding fact of possession
  1. present possessor preferred
  2. 2 possessors – one longer in possession
  3. dates of possession the same – one who presents a title
  4. both have titles – judicial resolution
  1. subject to action of our will- possession as a right
    1. tradicion simbolica – delivering object or symbol of placing thing under control of transferee (keys)
    2. tradicion longa manu – pointing out to transferee the things which are being transferred
  1. proper acts and legal formalities established for acquiring rights – donation, sale
  • What can be subject of possession – things or rights which are susceptible of being appropriated
  • Degrees of possession:
  1. holding w/o title and in violation of right of owner
  2. possession with juridical title but not that of owner
  3. possession with just title but not from true owner
  4. possession with just title from true owner
  • Classes of ownership:
  1. in concept of owner – owner himself or adverse possessor

Effects:

    1. may be converted into ownership through acquisitive prescription
    2. bring actions necessary to protect possession
    3. ask for inscription of possession
    4. demand fruits and damages from one unlawfully detaining property
  1. in concept of holder – usufruct, lessee, bailee
  2. in oneself – personal acquisition
    1. he must have capacity to acquire possession
    2. intent to possess
    3. possibility to acquire possession
  1. in name of another – agent; subject to authority and ratification if not authorized; negotiorum gestio
    1. representative has intention to acquire for another and not for himself
    2. person from whom it is acquired has intention of possessing it
  1. in good faith – not aware that there exist flaw in title or mode w/c invalidates it; mistake upon doubtful question of law; always presumed; it may be interrupted – by extraneous evidence or suit for recovery of property of true owner
  2. in bad faith – aware of defect
  • Possession through succession
  1. possession of hereditary property is deemed transmitted w/o interruption from moment of death ( if accepted) and if not accepted ( deemed never to have possessed the same )
  2. one who succeeds by hereditary title shall not tack the bad faith of predecessors in interest except when he is aware of flaws affecting title; but effects of possession in good faith shall not benefit him except from date of death of decedent.
  • Minors/ Incapacitated

may acquire material possession but not right to possession; may only acquire them through guardian or legal representatives

  • Acquisition
  1. cannot be acquired through force or intimidation when a possessor objects thereto – resort to courts
  2. the following do not affect acts of possession ( not deemed abandonment of rights ); possession not interrupted
    1. acts merely tolerated
    2. clandestine and unknown acts
    3. acts of violence
  • Rights of possessor:
  1. Right to be respected in his possession; if disturbed – protected by means established by law; spoliation
  2. Possession acquired and enjoyed in concept of owner can serve as title for acquisitive prescription
    1. Possession has to be in concept of owner, public, peaceful and uninterrupted
    2. Title short of ownership
  3. Person in concept of owner has in his favor the legal presumption of just title (prima facie)
  4. Possession of real property presumes that movables are included
  5. Co-possessors deemed to have exclusively possessed part which may be allotted to him; interruption in whole or in part shall be to the prejudice of all
  6. Possessor in good faith entitled to fruits received before possession is legally interrupted ( natural and industrial – gathered or severed; civil – accrue daily )
  7. Possessor in good faith entitled to part of net harvest and part of expenses of cultivation if there are natural or industrial fruits ( proportionate to time of possession ); owner has option to require possessor to finish cultivation and gathering of fruits and give net proceeds as indemnity for his part of expenses; if possessor in good faith refuses – barred from indemnification in other manner
  8. Possessor has right to be indemnified for necessary expenses whether in good faith or in bad faith; Possessor in good faith has right of retention over thing unless necessary expenses paid by owner
  9. Possessor in good faith has right to be reimbursed for useful expenses with right of retention; owner has option of paying expenses or paying the increase in value of property which thing acquired by reason of useful expenses
  10. Possessor in good faith may remove improvements if can be done w/o damage to principal thing- unless owner exercises option of paying; possessor in bad faith not entitled.
  11. Possessor in good faith and bad faith may not be entitled to payment for luxurious expense but may remove them provided principal is not injured – provided owner does not refund the amount expended
  12. Improvements caused by nature or time to inure to the benefit of person who has succeeded in recovering possession
  13. Wild animals possessed while in one’s control; domesticated – possessed if they retain habit of returning back home
  14. One who recovers, according to law, possession unjustly lost is deemed to have enjoyed it w/o interruption
  • Liabilities/duties of Possessor
  1. Return of fruits if in bad faith – fruits legitimate possessor could have received
  2. Bear cost of litigation
  3. Possessor in good faith not liable for loss or deterioration or loss except when fraud and negligence intervened
  4. Possessor in bad faith liable for loss or deterioration even if caused by fortuitous event
  5. Person who recovers possession not obliged to pay for improvements which have ceased to exist at time of occupation
  • Loss of possession:
  1. abandonment of the thing – renunciation of right; intent to lose the thing
  2. assignment made to another by onerous or gratuitous title
  3. destruction or total loss of the thing or thing went out of commerce
  4. possession of another if new possession lasted longer that 1 year ( possession as a fact); real right of possession not lost except after 10 years
  • Not lost:
    1. Unlawfully deprived or lost
    2. Acquired at public sale in good faith – with reimbursement
    3. Provision of law enabling the apparent owner to dispose as if he is owner
    4. Sale under order of the court
    5. Purchases made at merchant stores, fairs or markets
    6. Negotiable document of title
  1. Even for time being he may not know their whereabouts, possession of movable is not deemed lost
  2. When agent encumbered property without express authority – except when ratified
  3. Possession may still be recovered:
  • Possession is equivalent to title
  1. possession is in good faith
  2. owner has voluntarily parted with the possession of the thing
    1. possessor is in concept of an owner

Title VI – USUFRUCT

  • Usufruct – right to enjoy another’s property with correlative duty of preserving its form and substance
    1. things – movable/immovable
    2. rights – provided it is not strictly personal
  • Kinds:
  1. legal – parents over children
  2. voluntary – contracts, wills
  3. mixed – prescription
  4. total
  5. partial
  6. simultaneous
  7. successive
  8. pure
  9. conditional
  10. With a term
  • Rights of usufructuary:
  1. Right to civil, natural & industrial fruits of property
  2. Right to hidden treasure as stranger
  3. Right to transfer usufructuary rights – gratuitous or onerous; but is co-terminus with term of usufruct; fruits proportionate at duration of usufruct; but can’t do acts of ownership such as alienation or conveyance except when property is:
  4. consumable
  5. intended for sale
  6. appraised when delivered; if not appraised & consumable – return same quality (mutuum)
  7. Right not exempt from execution and can be sold at public auction by owner
  8. Naked owner still have rights but w/o prejudice to usufructuary; may still exercise act of ownership –bring action to preserve
  9. Right to fruits growing at time usufruct begins; growing fruits at termination of usufruct belongs to owner
  10. Right to necessary expenses from cultivation at end of usufruct
  11. Right to enjoy accessions & servitudes in its favor & all benefits inherent therein
  12. Right to make use of dead trunks of fruit bearing trees & shrubs or those uprooted/cut by accident but obliged to plant anew
  13. Right of usufructuary of woodland – ordinary cutting as owner does habitually or custom of place; cannot cut down trees unless it is for the restoration of improvement of things in usufruct – must notify owner first
  14. Right to leave dead, uprooted trees at the disposal of owner with right to demand that owner should clear & remove them – if caused by calamity or extraordinary event – impossible to replace them
  15. Right to oblige owner to give authority & furnish him proofs if usufruct is extended to recover real property or real right
  16. Right to necessary expenses
  17. Right to introduce useful & luxurious expenses but with no obligation of reimbursement on part of owner; may remove improvement if can be done w/o damage
  18. Right to set-off improvements against damages he made against the property
  19. Right to administer when property is co-owned; if co-ownership cease – usufruct of part allotted to co-owner belongs to usufructuary – not affected
  20. Right to demand the increase in value of property if owner did not spend for extraordinary repairs when urgent & necessary for preservation of thing
  • Rights of naked owner
  1. Alienate thing
  2. Can’t alter form or substance
  3. Can’t do anything prejudicial to usufructuary
  4. Construct any works Y make any improvement provided it does not diminish value or usufruct or prejudice right of usufructuary
  • Obligations of usufructuary:
  1. Pay expenses to 3rd persons for cultivation & production at beginning of usufruct; whose who have right to fruits should reimburse expenses incurred
  2. Generally, usufructuary has no liability when due to wear & tear, thing deteriorates, obliged to return in that state; except when there is fraud or negligence, then he shall be liable
  3. Before entering into usufructuary::
  • Notice of inventory of property (appraisal of movables & description)
  • Posting of security
  1. not applicable to parents who are usufructuary of children except when 2nd marriage contracted
  2. excused – allowed by owner, not required by law or no one will be injured
  • failure to give security: owner may demand that:
  1. immovables be placed under administration
  2. NI can be converted into registered certificates or deposited in bank
  3. Capital & proceeds of sale of movables be invested in safe securities
  4. Interest on proceeds or property under admin belong to usufructuary
  5. Owner may retain property as administrator w/ obligation to deliver fruits to usufructuary until he gives sufficient security
  6. Effect of security is retroactive to day he is entitled to fruits

4.   Take care of property as a good father of family

  1. Liable for negligence & fault of person who substitute him
  2. If usufruct is constituted on animals – duty bound to replace dead animals that die from natural causes or became prey; if all of them perish w/o fault but due to contagious disease / uncommon event – deliver remains saved; if perish in part due to accident – continue on remaining portion; if on sterile animals – as if fungible – replace same kind & quality
  3. Obliged to make ordinary repairs – wear & tear due to natural use of thing and are indispensable for preservation; owner may make them at expense of usufructuary – during existence of usufruct
  4. Obliged to make expenses due to his fault; cannot escape by renouncing usufruct
  5. Pay legal interest from extraordinary expenses made by owner
  6. Payment of expenses, charges & taxes affecting fruits
  7. Payment of interest on amount paid by owner charges on capital
  8. Obliged to notify owner of act of 3rd person prejudicial to rights of ownership – he is liable if he does not do so for damages – as if it was caused through his own fault
  9. Expenses, cost & liabilities in suits brought with regard to usufructuary – borne by usufructuary
  • Obligations of owner
  1. extraordinary expenses; usufructuary obliged to inform owner when urgent is the need to make them
  2. expenses after renunciation of usufruct
  3. taxes & expenses imposed directly on capital
  4. if property is mortgaged, usufructuary has no obligation to pay mortgage; if attached, owner to be liable for whatever is lost by usufructuary
  5. if property is expropriated for public use – owner obliged to either replace it or pay legal interest to usufructuary of net proceeds of the same
  • Extinguishment of usufruct
  1. death of usufructuary – unless contrary intention appears
  2. expiration of period of usufruct
  3. merger of usufruct & ownership
  4. renunciation of usufructuary – express
  5. total loss of thing
  6. termination of right of person constituting usufruct
  7. prescription – use by 3rd person
  • loss in part – remaining part shall continue to be held in usufruct
  • usufruct cannot be constituted in favor of a town, Corp or assoc. for more than 50 years
  • usufruct constituted on immovable whereby a building is erected – & building is destroyed – right to make use of land & materials
  • if owner wishes to construct a new building – pay usufructuary the value of interest of land & materials
  • both share in insurance if both pays premium; if only owner – then proceeds will go to owner only
  • effect if bad use of the thing – owner may demand the delivery of and administration of the thing with responsibility to deliver net fruits to usufructuary
  • at termination of usufruct:
  • thing to be delivered to owner with right of retention for taxes & extraordinary expenses w/c should be reimbursed
  • security of mortgage shall be cancelled

 

BOOK III. DIFFERENT MODES OF ACQUIRING OWNERSHIP

  • Different Modes of acquiring ownership:
  • Occupation
  • Donation
  • Prescription
  • Succession
  • Tradition
  • MODE– Proximate cause of ownership ( sales, donation)
  • TITLE – Remote cause of ownership; merely constituted the means

·         OCCUPATION

  1. There should be a corporeal thing (tangible) which must have a “corpus” (body) & that thing should have no owner
  2. There must be actual occupancy; thing must be subjected to one’s control/disposition
  3. There must e an intention to occupy
  4. Accomplished according to legal rules
  • What are the things susceptible to occupation?
  • things that are w/o owner – res nullius; abandoned
  • stolen property cannot be subject of occupation
  • animals that are the object of hunting & fishing

kinds of animals:

  • wild – considered res nullius when not yet captured; when captured

& escaped – become res nullius again

  • domesticated animals – originally wild but have been captured & tamed; now belong to their capturer; has habit of returning to premises of owner; becomes res nullius if they lose that habit of returning & regain their original state of freedom
  • domestic/tame animals – born & ordinarily raised under the care of people; become res nullius when abandoned by owner
  • hidden treasure (only when found on things not belonging to anyone)
  • abandoned movables
  • Animals:

a)     Swarm of bees

  • owner shall have right to pursue them to another’s land (owner to identify latter for damages, if any)
  • land owner shall occupy/retain the bees if after 2 days, owner did not pursue the bees
  • Domesticated animals
    • may be redeemed within 20 days from occupation of another person; if no redemption made, they shall pertain to the one who caught them
  • Pigeons & fish
    • when they go to another breeding place, they shall be owned by the new owner provided they are not enticed
  • Movables:

1)   Treasure found on another’s property

  • consist of (1) money, precious objects & 2) hidden & owner is unknown
  • finding must be by chance in order that stranger may be entitled to ½ of the treasure
  • Movable found w/c is not treasure
  • must be returned to owner
  • if finder retains the thing found – may be charged with theft
  • if owner is unknown, give to mayor; mayor shall announce finding of the movable for 2 weeks in way he deems best
  • of owner does not appear 6 months after publication, thing found shall be awarded to finder
  • if owner appears, he is obliged to pay 1/10 of value of property to finder as price
  • if movable is perishable or cannot be kept w/o deterioration or w/o expenses it shall be sold at public auction 8 days after the publication
  • What cannot be acquired by occupation

Ownership of a piece of land

  • because when a land is without an owner, it pertains to the state
  • land that does not belong to anyone is presumed to be public land
  • but when a property is private and it is abandoned – can be object of occupation

PRESCRIPTION – mode by which one acquires ownership and other real rights thru lapse of time; also a means by which one loses ownership, rights & actions; retroactive from the moment period began to run

  • Kinds:

1.   Acquisitive

  1. Extinctive
  • Who may acquire by prescription:
  1. person who are capable of acquiring property by other legal modes
  2. STATE
  3. minors – through guardians of personally
  • Against whom prescription run:
  1. minors & incapacitated person who have guardians
  2. absentees who have administrators
  3. persons living abroad who have administrators
  4. juridical persons except the state with regards to property not patrimonial in character
  5. between husbands & wife
  6. between parents & children (during minority/insanity)
  7. between guardian & ward (during guardianship)
  8. between co-heirs/co-owners
  9. between owner of property & person in possession of property in concept of holder
  • Things subject to prescription: all things within the commerce of men
  1. private property
  2. patrimonial property of the state
  • Things not subject to prescription:
  1. public domain
  2. in transmissible rights
  3. movables possessed through a crime
  4. registered land
  • Renunciation of prescription:
  • persons with capacity to alienate may renounce prescription already obtained but not the right to prescribe in the future
  • may be express or tacit
  • prescription is deemed to have been tacitly renounced; renunciation results from the acts w/c imply abandonment of right acquired
  • creditors & persons interested in making prescription effective may avail themselves notwithstanding express or tacit renunciation

PRESCRIPTION OF OWNERSHIP & OTHER REAL RIGHTS

  • Kinds of Acquisitive prescription
  1. ordinary
  2. extra-ordinary
  • Requisites for ordinary prescription:
  1. possession in good faith
  2. just title
  3. within time fixed by law
  • 4 years for movables
  • 8 years for immovables
  1. in concept of an owner
  2. public, peaceful, uninterrupted
  • Requisites for extra-ordinary prescription:
  1. just title is proved
  2. within time fixed by law
  • 10 years for movables
  • 30 years for immovables
  1. in concept of an owner
  2. public, peaceful, uninterrupted
  • GOOD FAITH
  • Reasonable belief that person who transferred thing is the owner & could validly transmit ownership
  • Must exist throughout the entire period required for prescription
  • JUST TITLE (TRUE & VALID) – must be proved & never presumed
  • Titulo Colorado
  • Titulo putativo
  • title must be one which would have been sufficient to transfer ownership if grantor had been the owner
  • through one of the modes of transferring ownership but there is vice/defect in capacity of grantor to transmit ownership
  • IN CONCEPT OF OWNER
  • possession not by mere tolerance of owner but adverse to that of the owner
  • claim that he owns the property
  • PUBLIC, PEACEFUL & UNINTERRUPTED
  • Must be known to the owner of the thing
  • Acquired & maintained w/o violence
  • Uninterrupted (no act of deprivation by others) in the enjoyment of property
  • INTERRUPTION
  • Natural
    • through any cause, possession ceases for more than 1 year
    • if 1 year of less – as if no interruption
      • civil
    • produced by judicial summons; except
  1. void for lack of legal solemnities
  2. plaintiff desist from complaint/allow proceedings to lapse
  3. possessor is absolved from complaint
  • express or tacit renunciation
  • possession in wartime
  • RULES IN COMPUTATION OF PERIOD:
  1. Present possessor may tack his possession to that of his grantor or predecessor in interest
  2. Present possessor presumed to be in continuous possession I intervening time unless contrary is proved
  3. First day excluded, last day included
  • TACKING PERIOD
  • there must be privity between previous & present possessor
  • possible when there is succession of rights
  • if character of possession different:
  • predecessor in bad faith possessor in good faith – use extraordinary prescription

PRESCRIPTION OF ACTIONS

  • By lapse of time fixed by law
  • 30 years
    • action over immovables from time possession is lost
  • 10 years
    • mortgage action
    • upon written contract
    • upon obligation created by law
    • upon a judgement
  • 8 years
    • action to recover movables from time possession is lost
  • 6 years
    • upon an oral contract
    • upon a quasi-contract
  • 5 years
    • actions where periods are not fixed by law
  • 4 years
    • upon injury to rights of plaintiff
    • upon a quasi-delict
  • 1 year
    • for forcible entry & detainer
    • for defamation
  • Rights not extinguished by prescription:
  1. demand right of way
  2. abate public /private nuisance
  3. declare contract void
  4. recover property subject to expressed trust
  5. probate of a will
  6. quiet title

Characteristics of DONATION:

  • Unilateral – obligation imposed on the donor
  • Consensual – perfected at time donor knows of acceptance
  • Requisites of Donation:
  1. Reduction in patrimony of donor
  2. Increase in patrimony of donee
  3. Intent to do act of liberality
  4. Donor must be owner of property donated
  • Requirements of a donation:
  1. subject matter – anything of value; present property & not future, must not impair legitime
  2. causa – anything to support a consideration: generosity, charity, goodwill, past service, debt
  3. capacity to donate & dispose & accept donation
  4. form – depends on value of donation
  • Kinds of Donation according to Effectivity:
Donation Inter Vivos Donation Mortis Causa
Disposition and acceptance to take effect during lifetime of donor and donee Disposition happens upon the death of donor
Already pertains to the donee unless there is a contrary intent Even if there is a term of effectivity and effectivity is upon the death of the donor, still entitled to fruits
Formalities required – follow law on donations and certain kinds of donations & law on obligations and contracts (suppletory) Formalities required – follow law on succession to be valid, and donation must be in the form of a will
Irrevocable at the instance of the donor; may be revoked only by reasons provided by law Revocable ad mutuum (exclusive will of donor)
Revoked only for reasons provided for by law (except onerous donations)
  • Acceptance
    • acceptance must be made personally or thru agent
    • donation may be made orally or in writing
  • movable:

5,000 & below – may be oral or written, if oral it must be with

simultaneous delivery of thing/document &

acceptance need not be in writing

above 5,000 – must be written and accepted also in writing

  • immovable – must be in a public instrument & acceptance must also be in a public instrument (in same instrument or in other instrument)
  • In case of doubt with regards to nature of donation: inter vivos
  • Badges of mortis causa:
  1. Title remains with donor (full or naked ownership)& conveyed only upon death
  2. Donor can revoked ad mutuum
  3. Transfer is void if transferor survives transfer
  • Kinds of donation INTER VIVOS
  • pure/simple
  • remuneratory
  • conditional
  • onerous
Pure/Simple Remuneratory Conditional Onerous
a) Consideration

Merits of doneeLiberality or merits of donee or burden/ charge of past services provided they do not constitute demandable debtValuable consideration is imposed but value is less than value of thing donatedValuable consideration givenb) law to apply/ forms

Law on donationsLaw on donationsExtent of burdenLaw on obligations

imposed>oblicon

excess>donationc)   form of acceptance

RequiredRequiredRequiredRequiredd) reservation w/regards to personal support & legitime

ApplicableApplicableApplicableNot Applicablee)   warranty against eviction & hidden defects

In bad faith onlyIn bad faith onlyIn bad faith onlyAppliesf) revocation

ApplicableApplicableApplicableApplicable

  • Who may give donations

– All persons who may contract and dispose of their property

  • Who may accept donations:

1. natural & juridical persons w/c are not especially disqualified by law

2. minors & other incapacitated

a) by themselves

  • if pure & simple donation
  • if it does not require written acceptance

b) by guardian, legal representatives if needs written acceptance

  1. natural guardian – not more than 50,000
  2. court appointed – more than 50,000
  3. conceived & unborn child, represented by person who would have been  a guardian if already born
  • Who are disqualified to donate:

1. guardians & trustees with respect to property entrusted to them

2. husband & wife

3. between paramours/persons guilty of adultery

4. between parties guilty of same criminal offense

5. made to public officers, wife, descendant, ascendant

  • Other persons disqualified to receive donations:
  1. priest who heard confession of donor during his last illness
  2. relatives of priest within 4th degree, church, order, community where priest belongs
  3. physician, nurse, etc. who took care of donor during his last illness
  4. individuals, corporations, associations not permitted
  • What may be given:
  • All or part of donor’s present property provided he reserves sufficient means for the support of the ff:
  • himself
  • relatives who by law are entitled to his support
  • legitimes shall not be impaired
  • when w/o reservation or if inofficious, may be reduced on petition of persons affected
  • except: conditional donation & donation mortis causa
  • except: future property
  • DOUBLE DONATIONS:
  • Rule: Priority in time, priority in right

1. If movable – one who first take possession in good faith

2. If immovable – one who recorded in registry of property in good faith

– no inscription, one who first took possession in good faith

– in absence thereof, one who can present oldest title

  • REVOCATION OF DONATIONS
  • applies only to donation inter vivos
  • not applicable to onerous donations
  • With regards to donations made by person without children or descendants at time     of donation:
  1. If donor should have legitimate, legitimated or illegitimate children
  2. If child came out to be alive & not dead contrary to belief of donor
  3. If donor subsequently adopts a minor child
  • Action for revocation based on failure to comply with condition in case of conditional donations
  • Action for revocation by reason of ingratitude
  1. Donee commits offense against person, honor, property of donor, spouse, children       under his parental authority
  2. Donee imputes to donor any criminal offense or any cat involving moral turpitude even if he should prove it unless act/crime has been committed against donee himself, spouse or children under his parental authority
  3. Donee unduly refuses to give support to donor when legally or morally bound to give support to donor
BIRTH OF CHILD NON-FULFILLMENT OF CONDITION INGRATITUDE
Ipso jure revocation, no need for action., court

decision is merely

declaratoryneeds court actionneeds court actionExtent: portion which may impair legitime of heirsExtent: whole portion but court may rule partial revocation onlyExtent: Whole portion returnedProperty must be returnedProperty in excessProperty to be returned

Alienation/mortgages done prior to recording in Register of Deeds:

If already sold or cannot be returned – the value must be returned

If mortgaged – donor may redeem the mortgage with right to recover from doneeAlienations/mortgages imposed are void unless registered with Register of DeedsPrior ones are void; demand value of property when alienated and can’t be recovered or redeemed from 3rd personsFruits to be returned at filing of action for revocationFruits to be returned at filing of complainant Prescription of action is 4 years from birth, etc.Prescription is 4 years from non-fulfilmentPrescription is 1 year from knowledge of fact and it was possible for him to bring actionAction cannot be renouncedAction cannot be renounced in advance Right of action transmitted to heirsRight of action at instance of donor but may be transmitted to heirsHeirs can’t file actionAction extends to donee’s heirsAction does not extend to donee’s heirs

  • Exception to rule on intransmissibility of action with regards to revocation due to ingratitude:
    • donor has instituted proceedings but dies before bringing civil action for revocation
    • donor already instituted civil action but died, heirs can substitute
    • donee killed donor or his ingratitude caused the death of the donor
    • donor died w/o having known the ingratitude done
    • criminal action filed but abated by death
  1. personal to the donor; general rule is heir cannot institute if donor did not institute
  2. heirs can only file in the ff cases:
  1. can only make heirs of donee liable if complaint was already filed when donee died
  • Inofficious donations:
  1. shall be reduced with regards to the excess
  2. action to reduce to be filed by heirs who have right to legitimate at time of donation
  3. donees/creditors of deceased donor cannot ask for reduction of donation
  4. if there are 2 or more donation: recent ones shall be suppressed
  5. if 2 or more donation at same time – treated equally & reduction is pro rata but donor may impose preference which must be expressly stated in donation

Source:

Civil Law (Property) Memory Aid

Ateneo Central Bar Operations 2001