Civil Law Last-Minute Tips - Property, Succession, Obligations, Contracts, Sales

Civil Law Last-Minute Tips Summary

This document provides last-minute tips for the September 2025 Bar Examinations on Civil Law. It is a review aid and not intended to replace comprehensive review materials. The pointers cover various aspects of Civil Law, including Persons, Marriage, Property, Obligations, Contracts, Wills and Succession, and Land Titles and Deeds, with specific focus on Supreme Court decisions.

Persons

• The effectivity of laws requires publication (Art. 2, NCC) to provide adequate public notice.

• Interpretative regulations and internal rules need not be published.

• Supreme Court decisions are not law but are evidence of what the law means.

• Curative statutes are given retroactive effect to correct past errors or irregularities.

• Acts executed against mandatory or prohibitory laws are VOID, unless the law itself authorizes their validity.

• Rights may be WAIVED unless contrary to law, public order, public policy, morals, good customs, or prejudicial to a third person.

• Penal laws and those of public security and safety are obligatory upon all in Philippine territory, subject to international law and treaties.

• Philippine Civil Law follows where the Filipino is.

• Doctrine of Presumptive Personality: A conceived child is presumed to have civil personality if born in accordance with Article 41 of the NCC.

• Juridical capacity is fitness to be the subject of legal relations. Capacity to act is the power to do legal acts.

• The legal capacity of aliens to enter contracts or marriage is governed by their NATIONAL LAW.

• Administrative correction of entries must not involve a change of nationality, age, or status.

• A person can die without having legal personality; life is not synonymous with civil personality.

• Illegitimate children can use their father's surname if filiation is expressly recognized in a birth record or public/private instrument.

• In case of annulment of marriage, an innocent wife may continue using her former husband's surname unless decreed otherwise or she/he remarries.

• The presumption of death under the NCC is an evidence that may be invoked in any action, not a standalone action.

Marriage

• A person is legally capacitated to contract marriage if they are 18 years or upwards and free from impediments in Articles 37 and 38 of the FC.

• Same-sex marriages are NOT considered valid in the Philippines per Art. 1 of the Family Code.

• A marriage of a party below 18, even with parental consent and validly solemnized abroad, is VOID in the Philippines.

• Marriages are typically solemnized publicly in places like judge's chambers, churches, or consulates, with exceptions for in extremis or remote areas with mutual request.

• Those applying for a marriage license NEED NOT BE OF LEGAL AGE at filing.

• A mere irregularity in a marriage license (e.g., in its issuance) does not void the marriage, but responsible parties may face civil, criminal, and administrative liability.

• Marriages for other purposes (convenience, money, etc.) are EQUALLY VALID if legal requisites are met.

• The local civil registrar's duty is purely ministerial in issuing marriage licenses.

• A marriage without parental advice is VALID, considered a mere irregularity.

• A marriage with an expired marriage license is VOID due to lack of a formal requisite.

• While a marriage contract is the best evidence, its absence does not negate a valid marriage's existence.

• Divorce between Filipinos is VOID AND INEFFECTUAL under the nationality rule.

• Mayors solemnizing marriages between August 3, 1988 and December 31, 1991 lacked authority, rendering such marriages void.

• The FACT OF MARITAL COHABITATION of at least 5 years exempts parties from the marriage license requirement (Art. 34 FC).

• Marriages are VALID despite the absence of a marriage license in cases like in articulo mortis, remote places, among cultural communities, celebrated abroad where no license is required, and ratification of marital cohabitation.

• Falsity of affidavit of marital cohabitation (no actual 5-year cohabitation) renders the marriage VOID due to lack of a valid marriage license. The 5-year period must be exclusive and continuous.

• Marriage through video conferencing is NOT VALID IF CELEBRATED IN THE PHILIPPINES if parties are not personally present, but may be valid if celebrated abroad and valid there.

• Certain marriages are VOID even if valid in another country, such as those where a party is below 18 and Filipino, bigamous/polygamous, contracted due to mistake of identity, subsequent marriage without fulfilling Art. 52 FC requirements, where a party is psychologically incapacitated, incestuous, void by public policy, and between same sex members.

• A foreign divorce ending a marriage between a Filipino and a foreigner is recognized in the Philippines regardless of who obtained it.

• In case of annulment where the WIFE IS THE INNOCENT PARTY, she may continue using her former husband's name, unless the court decrees otherwise or either party remarries.

• Provisional absence: person disappears from domicile, whereabouts unknown, no agent left. Declared absence: 2 years without news (or 5 years if agent left).

• There can be NO INDEPENDENT PROCEEDING for judicial declaration of presumptive death, except for purposes of remarriage.

• Doctrine of Triennial Cohabitation: Presumption of husband's impotence if wife remains virgin after 3 years of cohabitation.

• If insanity existed later than marriage, no annulment action.

• For voidable marriages due to lack of parental consent, parents/guardians cannot file for annulment after the contracting party reaches 21 years old.

• Requisites for declaration of nullity for psychological incapacity: Gravity, Juridical Antecedence, and Incurability.

• Tan-Andal vs. Andal doctrines: Psychological incapacity is not a mental illness needing expert opinion; proof of durable personality structure manifested through dysfunctional acts is needed; spouse’s personality must make it impossible to understand/comply with marital obligations; expert opinion not strictly required for proving personality aspects.

• Petition for nullity due to psychological incapacity DOES NOT REQUIRE expert opinion in the pleading, but physical manifestations.

• The property regime of a second void marriage (Art. 40 FC, lack of judicial declaration of nullity of previous marriage) is Absolute Community of Property or Conjugal Partnership of Gains, depending on celebration date.

• Mere reappearance of absent spouse DOES NOT TERMINATE subsequent marriage; filing of affidavit of reappearance does.

• Relative guardian or person with legal charge of insane spouse CANNOT RATIFY voidable marriage.

• Judicial declaration of previous marriage nullity (Art. 40 FC) is NOT necessary if the previous marriage was same-sex.

• Requisites for judicial declaration of presumptive death: missing for 4 (or 2) consecutive years; spouse present wishes to remarry; well-founded belief of death; summary proceeding filed.

• Belief of absent spouse's death is WELL-FOUNDED if it results from proper/honest inquiries into whereabouts and alive/dead status.

• Physical incapability to consummate marriage (impotency) is a ground for annulment, distinct from sterility.

• A marriage cannot be annulled for concealment of pregnancy if the wife was unaware of her pregnancy at the time.

• For STD to be a ground for annulment, it must be existing at marriage, serious, and apparently incurable. Concealment of STD need not be serious or incurable.

• For concealment of homosexuality to be a ground for annulment, it must vitiate consent and presuppose bad faith/intent to defraud.

• A threat to enforce one's claim through competent authority, if just/legal, DOES NOT VITIATE consent for marriage.

• In legal separation cases where violence also constitutes VAWC, NO COOLING-OFF period is necessary.

• Abandonment, as a ground for legal separation, must be without justifiable cause and exceeded one year.

• Defenses against legal separation: Condonation, Consent, Connivance, Collusion, Mutual guilt, Prescription.

• Courts CANNOT ORDER spouses to live together.

• Either spouse may exercise any legitimate profession, occupation, business, or activity without the other's consent.

• In case of non-celebration of marriage, a donation propter nuptias is revocable, unless embodied in a marriage settlement.

• Marriage settlements take effect upon celebration of marriage; any other date stipulated is VOID.

• A marriage settlement must be in writing to be VALID.

• For marriage settlements to be ENFORCEABLE AGAINST THIRD PARTIES, they must be registered in the local civil registry and registries of property.

• Donations between spouses are prohibited, except for moderate gifts on family rejoicings.

• Under ACP, property acquired by gratuitous title and its fruits/income are EXCLUSIVE. Under CPG, such property is exclusive, but fruits/income are conjugal.

• Under ACP, community property includes all property owned at marriage or acquired thereafter, unless excluded.

• Separation in fact does not affect the property regime.

Property

• The regime of complete separation of property governs when expressly declared in marriage settlement or ordered by court.

• In CPG, property acquired during marriage is presumed to be CONJUGAL unless contrary is proven.

• Losses from games of chance are borne by loser, but winnings form part of community/conjugal property.

• A hidden treasure found by husband in wife-owned lot accrues to ACP or CPG.

• Disposition or encumbrance of community/conjugal property without spousal consent is VOID, but construed as a continuing offer.

• Neither spouse may donate community/conjugal property without consent, except for moderate donations for charity or family occasions.

• A spouse is deemed to have abandoned the other if they leave conjugal dwelling without intent to return for three months or fail to provide whereabouts.

• If no liquidation of ACP/CPG within one year of a spouse's death and the survivor remarries, any disposition of terminated community property is VOID. The subsequent marriage's property relations are governed by MANDATORY COMPLETE SEPARATION OF PROPERTY.

• Sufficient causes for judicial separation of property include civil interdiction, judicial declaration of absentee, loss of parental authority, abandonment/failure to comply with family obligations, abuse of administration power, factual separation for at least one year with improbable reconciliation, and verified joint petition.

• Under complete separation of property, spouses bear family expenses proportionally to income, or to separate properties' market value. Liabilities to creditors for family expenses are solidary.

• A court may transfer administration of exclusive property to the other spouse if the owner becomes a guardian, judicially declared an absentee, sentenced to civil interdiction, or a fugitive from justice.

• Property relations of void marriages are governed by Article 147 (with capacity to marry) or Article 148 (without capacity to marry) of FC.

• Properties acquired by Filipinos in same-sex marriages are governed by co-ownership rules, not Articles 147 and 148 FC.

• Children conceived or born before a judgment of absolute nullity due to psychological incapacity are LEGITIMATE.

• A family home is NOT EXEMPT from execution for debts incurred prior to its constitution.

• Admission of filiation based on a private handwritten instrument must be signed by the parent concerned.

• Legitimacy cannot be collaterally attacked; only directly impugned by the husband or his heirs.

• Open and continuous possession of the status of an illegitimate child can be used as evidence of filiation only during the alleged parent's lifetime.

• Children born/conceived out of wedlock to minor parents may be LEGITIMATED by subsequent valid marriage.

• The five-year residence requirement for alien adopters doesn't apply to former Filipino citizens adopting relatives, spouses adopting legitimate children, or spouses jointly adopting a Filipino citizen's relative.

Wills and Succession

• Transmissible property, rights, and obligations constitute inheritance.

• The right to inherit is vested at the moment of death.

• Compulsory or intestate heirs may file ordinary civil actions to declare nullity of deeds/instruments or recover property without prior judicial declaration of heirship.

• The physical act of making a notarial will can be DELEGATED to a secretary, but not holographic wills.

• Prohibited delegations in a will: executor determining sums for causes (e.g., climate change, worthy causes).

• Allowed delegations in a will: executor determining sums for specific developments (e.g., vaccine) or for named persons.

• Testator may give a LESSER INTEREST (e.g., usufruct) over property.

• All persons have testamentary capacity unless disqualified by age or mental incompetence.

• A will may be written in a language/dialect known only to the testator.

• Soundness of mind is determined at the time of execution, not death.

• The thumb mark is a sufficient signature.

• If a witness stands behind a wall and cannot see the testator signing, the will is not signed in the presence of said witness.

• Witnesses don't need to know attestation clause language if interpreted.

• Signing on every page is mandatory to prevent disappearance; left margin signing is directory.

• The notary public notarizing a will cannot be a witness, unless there are more than 3 witnesses.

• Probate issues generally concern extrinsic/formal validity (last will, formalities, testamentary capacity, due execution).

• Revocation of a will based on a FALSE or ILLEGAL CAUSE is null and void.

• Recognition of an illegitimate child retains legal effect even if the will is revoked.

• A will is valid without heir institution but useless unless it acknowledges an illegitimate child or disinherits a compulsory heir.

• If heir institution doesn't cover the entire estate, the excess goes to compulsory heirs or by intestacy.

• A testator can dispose of all estate except where there are compulsory heirs, in which case, only the free portion.

• Preterition occurs when an heir receives nothing from inheritance.

• Preterited persons include legitimate/illegitimate children, parents, and grandparents. A wife cannot be preterited.

• If both simple/fideicommissary substitutes are disqualified, estate passes by intestacy.

• Testator cannot impose any condition upon LEGITIMES.

• Impossible conditions are deemed not imposed; testamentary disposition becomes pure, absolute, unconditional.

• No testamentary disposition can burden legitime.

• Testator is PROHIBITED from making gratuitous dispositions that impair the legitime of compulsory heirs.

• Compulsory heirs: legitimate children/descendants, legitimate parents/ascendants, surviving spouse, illegitimate children.

• Rules of Concurrence of Compulsory Heirs: Primary (legitimate children/descendants) are preferred and exclude secondary. Secondary (legitimate parents/ascendants) inherit in absence of primary. Concurring (surviving spouse/illegitimate children) get legitime with primary/secondary.

• In legal separation, the innocent spouse can inherit, but the guilty spouse cannot from the innocent spouse.

• When marriage is void/annulled, presumptive legitimes of common children are delivered in cash, property, or securities.

• If a devise/legacy is not owned by testator but he orders his estate to acquire it, it is a VALID legacy/devise.

• Intestate heirs: legitimate/illegitimate children/descendants, legitimate/illegitimate parents/ascendants, surviving spouse, brothers/sisters, nephews/nieces, other collateral relatives up to fifth degree, the State.

• Basic Rules of Intestacy: Rule of relationship, preference of line (descending preferred), proximity of degree (nearest excludes more distant, saving representation), representation (modifies proximity rule), equal division (subject to preference between lines).

• Children, regardless of birth circumstances, can inherit from direct ascendants by Right of Representation.

• Adopters and adoptees have reciprocal succession rights, without distinction from legitimate filiations, but testamentary succession governs if will exists.

• Accretion occurs only if there is no representation.

• In renunciation, there is always accretion because there is no representation.

• Right of heir to recover inheritance must be exercised within five years.

• Heir (or representative) must be ALIVE when succession opens.

• Effects of acceptance/repudiation retroact to decedent's death.

• If heir dies without accepting/repudiating, the right is transmitted to their heirs.

• Persons who cannot inherit from decedent (aside from attesting witness) are witness' spouse, parents, or children.

• Causes of unworthiness are without effect if testator had knowledge, or condoned them in writing.

• Capacity to succeed is governed by national law of decedent.

• If incapacitated person excluded from inheritance has descendants, latter acquire right to legitime.

• Where two or more heirs, the whole estate is owned in common until partition.

Obligations

• For an accident due to negligence, a passenger (D) may sue the taxi owner (X) for breach of contract. D cannot sue the driver (Y) for breach of contract. D may sue X and/or Y for quasi-delict, with solidary liability between X (employer) and Y. If Y is convicted and insolvent, X is subsidiarily liable. None are based on quasi-contract.

• Natural obligation is cognizable by court if voluntarily fulfilled by obligor.

• For obligation to deliver a DETERMINATE thing, creditor's rights: compel specific performance; or recover damages.

• For obligation to deliver an INDETERMINATE OR GENERIC thing, creditor's rights: compel specific performance; ask for substitute performance; or recover damages.

• Extent of liability: contract (joint, unless stipulated); quasi-contract (solidary); delict (joint, unless law provides); quasi-delict (solidary).

• Solidary liability arises only if expressly stated, required by law, or required by nature of obligation.

• Joint indivisible obligation gives rise to indemnity for damages if any debtor defaults.

• Penalty in a penal clause substitutes for damages in breach, except if contrary stipulation, debtor sued for refusal, or debtor guilty of fraud.

• Test of diligence: did defendant use reasonable care and caution of an ordinarily prudent person in the same situation?

• Fortuitous event requisites: independent of debtor's will; unforeseeable/unavoidable; renders fulfillment impossible; debtor free from participation/aggravation of injury.

• If obligation is DETERMINATE, obligor is generally NOT LIABLE for damages due to fortuitous event.

• Debtor is still liable in fortuitous event if: law/stipulation requires assumption of risk; object lost partly due to debtor's fault; loss occurs after debtor incurred delay; promised same thing to two or more persons; obligation arises from criminal offense; obligation is generic.

• Remedy against failure to perform reciprocal obligation: injured party invokes judicial aid to rescind.

• Courts are EMPOWERED to fix duration of term/period if: not fixed but inferred; depends on debtor's will; debtor binds self to pay when means permit.

• Force majeure prevents performance, debtor not liable.

• Legal tender is NOT APPLICABLE if payment of price is incidental to exercising a right (e.g., redemption price).

• Legal tender applies to obligation to pay sum in money.

• NO COMPENSATION if one of two debts is not yet due.

• Obligations NOT subject to legal compensation: deposit contracts, commodatum, support, criminal offenses, certain government obligations.

• Valid consignation requires TWO NOTICES to creditor: before and after consignation.

• Payment to incapacitated persons is valid if amount/thing kept or beneficial. Beneficial means applied/spent for rational, necessary, or useful purpose.

• Novation determination: incompatibility when two obligations cannot stand together; changes must be essential.

• Acquittal in criminal case does not extinguish quasi-delict liability unless based on no offense/no civil liability.

• Acquittal based on guilt not proved beyond reasonable doubt may still allow quasi-delict action.

• When subrogation occurs, the subrogee steps into the shoes of the subrogor.

Contracts

• Characteristics: Obligatoriness, Autonomy, Mutuality, Relativity, Consensuality.

• Meeting of the minds: offer and cause are certainly and absolutely accepted.

• A contract is void if cause is illegal; motive's illegality does not invalidate.

• If doubts cast upon principal object, contract is NULL AND VOID.

• Form is not a requisite for validity generally, unless required by law for validity, enforceability, or proof.

• If law requires act/contract to be in document/special form, parties can compel each other to observe it.

• Contracts of adhesion are generally valid but construed strictly against drafter.

• Incapacitated to give consent: minors, insane/demented (unless lucid interval), deaf-mutes unable to write, under drunkenness/hypnotic spell.

• Qualified acceptance constitutes a COUNTER-OFFER.

• Acceptance by letter/telegram binds offeror when it CAME TO HIS KNOWLEDGE.

• Contract by incapacitated person is VOIDABLE; by prohibited person is VOID.

• Rescission (Art. 1383 NCC) is a SUBSIDIARY remedy.

• Reformation only for true intention not expressed; not if no meeting of minds.

• Contract by BOTH INCAPACITATED parties is unenforceable.

• Statute of Frauds applies to EXECUTORY contracts only, not partial performance.

• Unauthorized contracts are unenforceable, except for parcel of land sale which is VOID per Art. 1874 NCC.

• Void/inexistent contract generally produces no legal effects; law allows recovery of what was delivered unless in in pari delicto or recovering party guilty of laches.

• In pari delicto applies to void, but not inexistent, contracts.

• Statute of Frauds covers three real property transactions: sale, lease over 1 year, express trust over immovable property.

• A real estate mortgage contract is not covered by the Statute of Frauds.

Natural Obligations

• Agreement to pay monetary interest not in writing is a NATURAL OBLIGATION; if voluntarily fulfilled, creditor can retain payment.

• A natural obligation CAN BE NOVATED and converted into a civil obligation.

Sales

• Sale is perfected by consent, but ownership is transferred only upon delivery, unless reservation of ownership or law provides otherwise.

• Perfection of a contract of sale creates reciprocal obligations (seller to deliver, buyer to pay).

• Hallmark of a contract to sell: ownership reserved to seller until full payment of purchase price.

• Contract of sale vs. Contract to sell: In sale, non-payment is resolutory condition, title passes upon delivery, seller loses ownership after delivery. In sell, full payment is positive suspensive condition, ownership retained by seller regardless of delivery.

• An oral contract of sale of land is VALID though unenforceable if essential requisites are present.

• Earnest money vs. Option money: Earnest money implies an existing sale, part of purchase price, title passes upon delivery. Option money applies to sale not yet perfected, distinct consideration, buyer not required to buy.

• When a person pays consideration for privilege to buy property at fixed price, it's an OPTION CONTRACT, not sale.

• Manner of payment of purchase price is an essential element of a contract of sale.

• If parties are legally separated, contract of sale between them is valid.

• Failure to determine price in contract of sale: executory contract is inefficacious; if thing delivered/appropriated, buyer pays reasonable price.

• Form is not an essential requisite for validity of sale. Exceptions: sale of personal property >=P500, real over 1 year, or when statute requires specific form must be in writing to be enforceable.

• Sale in violation of right of first refusal is valid but rescissible; if third party acted in good faith, grantee may recover damages.

• No double sale if TWO SELLERS.

• Rules of Preference in Double Sale of Real Property: (1) Registrant in good faith; (2) Possessor in good faith; (3) Person with oldest title in good faith.

• Buyer bears risk of loss after perfection and before delivery (Art. 1480), not seller (Art. 1504), harmonizing conflicting provisions by distinguishing