Civil Law Doctrines
Civil Law Doctrines
Civil Law Doctrines
Territoriality rule
laws of the Philippines will govern upon ALL those who live or sojourn in it.
Nationality rule
laws of the Philippines will govern its citizens, regardless of their residence.
Domiciliary rule
supplants the nationality rule in cases involving stateless persons
Prejudicial Question
a question that arises in a case, the resolution of which is a logical
antecedent of the issue involved herein, and the cognizance of which pertains
to another tribunal.
Presumption of survivorship
Two or more persons, called to succeed each other, shall be presumed to
have died at the same time, subject to the following conditions: 1. parties are
heirs to one another2. no proof as to who died first3. with doubt as to who
died first
Marriage in Articulo Mortis
Marriages contracted at the point of death of both or one of the contracting
parties. Such marriages are exempt from the requirement of a marriage
license.
Doctrine of Triennial Cohabitation
presumption that the husband is impotent should the wife still remain a virgin
after 3 years of l
iving together with her husband.
Psychological Incapacity
involves a senseless, protracted and constant refusal to comply with the
essential marital obligations by one or both of the spouses although he, she
or they are physically capable of performing such obligations (Chi Ming Tsoi
vs. CA)
Legally-free Child
A child who has been voluntarily or involuntarily committed to the DSWD of
the Philippines, in accordance with the Child Youth and Welfare Code. No child
shall be matched to a foreign adoptive family unless it is satisfactorily shown
that the child cannot be adopted locally.
Negotiorum Gestio
officious or voluntary management of the property or affairs of another
without the knowledge or consent of the latter.
Solutio Indebiti
Undue payment. The juridical relation arises when a thing is received without
any right; and the thing delivered by mistake
Diligence of a good father to his family
That reasonable diligence which an ordinary prudent person would have done
under the same circumstances.
Fortuitous Event
An event which could not be foreseen or which though foreseen was
inevitable.
Tacit Resolutory Condition
If one of the parties fails to comply with what is incumbent upon him, there is
a right on the part of the other to rescind the obligation.
That cause which is the last link in the chain of events; the nearest in point of
time or relation. Proximate cause is not necessarily the nearest cause but
that which is the procuring efficient and predominant cause.
Concurrent Causes
The actor is liable even if the active and substantially simultaneous operation
of the effects of a third persons innocent, tortious or criminal act is also a
substantial factor in bringing about the harm so long as the actors negligent
conduct actively and continuously operate to bring about harm to another.
(Africa vs. Caltex)
Efficient Intervening Cause
One which destroys the causal connection between the negligent act and the
injury and thereby negatives liability. There is NO efficient intervening cause
if the force created by the negligent act or omission have either: 1. Remained
active itself, or 2. Created another force which remained active until it
directly caused the result, or 3. Created a new active risk of being acted upon
by the active force that caused the result.
But-For Test
The defendants conduct is the cause-in-fact if damage would not have
resulted had there been no negligence on the part of the defendant.
Conversely, defendants negligent conduct is not the cause in fact of the
plaintiffs damage if the accident could not have been avoided in the absence
thereof.
Substantial Factor test
The conduct is the cause-in-fact of the damage if it was a substantial factor in
producing by the defendant must continue until the moment of the damage
or at least down the setting in motion of the final active injurious force which
immediately produced or preceded the damage.
NESS Test
The candidate condition may still be termed as a cause where it is shown to
be a necessary element in just one of several co-present causal set each
independently sufficient for the effect.
Foresight Perspective/ Foreseeability Test
The defendant is not liable for the unforeseeable consequences of his acts
Liability is limited within the risk created by defendants negligent acts.
DIRECT PERSEPECTIVE/ DIRECT COSEQUENCES TESTS
The defendant is liable for damages which are beyond the risk. Direct
consequences are those which follow in sequence from the effect of
defendants act upon conditions existing and forces already in operation at
the time without intervention of any external forces, which come into active
operation later
Contributory Negligence
Conduct on the part of the injured party contributing as a legal cause to the
harm he has suffered which falls below the standard to which he is required
to conform for his own protection. (Valenzuela vs. CA 253SCRA303) .If the
plaintiffs negligence was only contributory, the immediate and proximate
cause of the injury being the defendants lack of due care, the plaintiff may
recover damages but the courts shall mitigate the damages to be awarded
(Article 2179 Civil Code).
Doctrine of Comparative Negligence
The relative degree of negligence of the parties is considered in determining
whether and to what degree, either should be responsible for his negligence
(apportionment of damages).
This is the doctrine being applied in our jurisdiction wherein the contributory
negligence of the plaintiff does not completely bar recovery but merely
results in mitigation of liability; it is a partial defense.
The court is free to determine the extent of the mitigation of the defendants
liability depending upon the circumstances
Imputed Contributory Negligence
Negligence is imputed if the actor is different from the person who is being
made liable.The defendant will be subject to mitigated liability even if the
plaintiff was not himself personally negligent but because the negligence of
another is imputed to the plaintiff.
Damage without Injury (Damnum Absque Injuria)
A person may have suffered physical hurt or injury, but for as long as no legal
injury or wrong has been done, there is no liability. There is no liability even if
there is damage because there was no injury.
Doctrine of Estoppel
A condition or state by virtue of which an admission or representation is
rendered conclusive upon the person making it and cannot be denied or
disproved as against the person relying thereon.
Calculation of Risk
Interests are to be balanced only in the sense that the purposes of the actor,
the nature of his act and the harm that may result from action or inaction are
elements to be considered.
Emergency rule
GENERAL RULE: An individual who suddenly finds himself in a situation of
danger and is required to act without much time to consider the best means
that may be adopted to avoid the impending danger is not guilty of
negligence if he fails to undertake what subsequently and upon reflection
may appear to be a better solution.
EXCEPTION: When the emergency was brought by the individuals own
negligence. (Valenzuela vs. CA 253 SCRA 303).
State of Necessity
The owner of a thing has no right to prohibit the interference of another with
the same if the interference I necessary to avert imminent danger and the
threatened damage, compared to the damage arising to the owner from the
interference, is much greater. (Article 432 Civil Code)
The Captain of the Ship Doctrine
The head surgeon is made liable for everything that goes wrong within the
four corners of the operating room. It enunciates the liability of the surgeon
not only for the wrongful acts of those under his physical control but also
those wherein he has extension of control.
Doctrine of Last Clear Chance or Discovered Peril
The negligence of the plaintiff does not preclude a recovery for the
negligence of the defendant where it appears that the defendant, by
exercising reasonable care and prudence, might have avoided injurious
consequences to the plaintiff notwithstanding the plaintiffs negligence.
IV. PROPERTY
Property of Public Dominion
It is not owned by the state but pertains to the state, which, as territorial
sovereign exercises certain juridical prerogatives over such property. The
ownership of such properties is in the social group, whether national,
provincial or municipal.
Patrimonial Property of the State
Property of the State owned by it in its private or proprietary capacity. the
state has the same rights over this kind of property as a private individual in
relation to his own private property
De Facto case of Eminent Domain
expropriation resulting from the actions of nature as in one case where land
becomes part of one sea. The owner loses his property in favor of the state
without any compensation.
Doctrine of Good Faith/Bad faith
Article 527. Good faith is always presumed, and upon him who alleges bad
faith on the part of a possessor rests the burden of proof.
Accessory follows the Principal
Everything which is joined to another thing, as an ornament, or to render it
more perfect, is an accessory, and belongs to the principal thing.
Doctrine of Self-Help
The owner or lawful possessor of a thing has the right to exclude any person
from the enjoyment and disposal thereof. For this purpose, he may use such
force as may be reasonably necessary to repel or prevent an actual or
threatened unlawful physical invasion or usurpation of his property.
Doctrine of Apparent Sign
Article 624. The existence of an apparent sign of easement between two
estates, established or maintained by the owner of both shall be considered,
should either of them be alienated, as a title in order that he easement may
continue actively and passively, unless at the time, the ownership of the two
estates is divided, the contrary should be provided in the title of conveyance
of either of them, or the sign aforesaid should be removed before the
execution of the deed.
Doctrine of Attractive Nuisance
One who maintains on his premises dangerous instrumentalities or
appliances of a character likely to attract children in play and who failsto
exercise ordinary care to prevent children from playing therewith or resorting
thereto is liable to a child of tender years who is injured thereby, even if the
child is technically a trespasser in the premises.
Caucion Juratoria
takes place of the bond, and is made by taking an oath to fulfill properly the
duties of a usufructuary but this is available only under conditions prescribed.
constructive trust which pursues the property, its product or proceeds, and
permits the beneficiary to recover the property or obtain damages for the
wrongful conversion of the property. Aptly called the trust pursuit rule, it
applies when a constructive or resulting trust has once affixed itself to
property in a certain state or form.
Right of Redemption
right of mortgagor to redeem the mortgaged property within one year from
the date of registration of the certificate of sale. Applies only to extrajudicial
foreclosure of real mortgage.
Dragnet Clause
Dragnet clause is a clause in a mortgage deed stating that a mortgage
secures all the debts that the mortgagor may at any time owe to the
mortgagee. It is also known as Anaconda clause or Mother Hubbard clause.
Clauses such as this are termed "dragnet" or "anaconda," as by their broad
and general terms they enwrap the unsuspecting debtor in the folds of
indebtedness embraced and secured in the mortgage which s/he did not
contemplate. Courts generally construe Dragnet clauses narrowly as its
coverage is very broad and the mortgagor is often unaware of their presence
or implications.
Policitation
An unaccepted unilateral promise to buy or sell. Even if accepted by the other
party, it does not bind the promissor and maybe withdrawn anytime. This is a
mere offer, and has not yet been converted into a contract.
Right of First Refusal
It is a right of first priority all things and conditions being equal; there should
be identity of the terms and conditions to be offered to the optionee and all
other prospective buyers, with optionee to enjoy the right of first priority. A
deed of sale executed in favor of a third party who cannot be deemed a
purchaser in good faith, and which is in violation of the of the right of first
refusal granted to the optionee is NOT voidable under the Statute of Frauds,
such contract is valid BUT rescissible under Article 1380 to 1381(3) of the
New Civil Code (Guzman Bocaling &Co. vs. Bonnavie; Riviera Filipina, Inc vs.
CA et.al. GR No. 117355, April 5,2002).
Option contract
A contract granting a privilege in one person, for which he has paid a
consideration, which gives him the right to buy certain merchandise, at
anytime within the agreed period, at a fixed price.
An option without consideration is void and the effect is the same as if there
was no option
Earnest money or ARRAS
is something of value to show that the buyer was really in earnest, and given
to the seller to bind the bargain. It is considered as part of the purchase price
Nemo dat quod non habet
(You cannot give what you do not have). You cannot sell what you dont
have.
Res Perit Domino
The maxim res perit domino means the thing perishes for the owner. The
maxim refers to the contractual principle that risk in the goods pass with
ownership.
Caveat Venditor
(Let the seller beware): the vendor is liable to the vendee for any hidden
faults or defects in the thing sold, even though he was not aware thereof.
Caveat Emptor
(Let the buyer beware): requires the purchaser to be aware of the supposed
title of the vendor and one who buys without checking the vendors title takes
all the risks and losses consequent to such failure.
Trespass in fact (perturbacion de mere hecho)
physicalenjoyment is reduced.Lessor will not be held liable.
Trespass in law (perturbacion dederecho)
A third person claims legal right to enjoy the premises. Lessor will be held
liable
IMPLIED NEW LEASE (Tacita Reconducion)
lease which arises if at the end of the contract the lessee should continue
enjoying the thing leased for 15 days with the acquiescence of the lessor
unless a notice to the contrary had previously been given by either party.
VIII. SUCCESSION
INTERPRETATION OF WILLS (ARTS. 788-792)
The testators intent (animus testandi), as well as giving effect to such intent,
is primordial. It is sometimes said that the supreme law in succession is the
intent of the testator. All rules of construction are designed to ascertain and
give effect to that intention. It is only when the intention of the testator is
contrary to law, morals, or public policy that it cannot be given effect. In case
of doubt, that interpretation by which the disposition is to be operative shall
be preferred. That construction is to be adopted which will sustain and uphold
the will in all its parts, if it can be done consistently with the established rules
of law.
DOCTRINE OF LIBERAL INTERPRETATION (Art. 809)
However, In the absence of bad faith, forgery, fraud, or undue and improper
pressure and influence, defects and imperfections in the form of attestation
or in the language used therein shall not render the will invalid if it is proved
that the will was in fact executed and attested in substantial compliance with
Art. 805 (formal requirements).
INCORPORATION BY REFERENCE (ART 827)
Contemplates only lists of properties, books of accounts, and inventories.
Provisions which are In the nature of testamentary dispositions must be
contained in the will itself.
The law on registration does not require that only valid instruments shall be
registered. If the purpose of registration is merely to give notice, then
questions regarding the effect or invalidity of instruments are expected to be
decided after, not before registration. It must follow as a necessary
consequence that registration must first be allowed, and validity or effect
litigated afterwards.
(Averia vs. Caguioa. 146 SCRA 459 ; Ignacio vs CA 246 SCRA 242)
PD No. 1529 has eliminated the distinction between the general jurisdiction
vested in the RTC and the limited jurisdiction conferred upon it by the former
law when acting merely as land registration court. Aimed at avoiding
multiplicity of suits, the change has simplified registration proceedings by
conferring upon the regional trial courts the authority to act not only on
original applications but also those filed after original registration, with power
to hear and determine all questions arising upon such applications or
petitions.
(Tagaytay-Taal vs. CA. 273 SCRA 182)
The issues raised before the RTC sitting as a land registration or cadastral
court involved substantial or controversial matters and, consequently,
beyond said courts jurisdiction. The issues may be resolved only by a court
of general jurisdiction. Thus, petitions under Secs. 75 and 108 of PD 1529 can
be taken cognizance of by the RTC sitting as a land registration or cadastral
court but relief under saidsections can only be granted if there is unanimity
among the parties, or that there is no adverse claim or serious objection on
the part of any party in interest; otherwise, the case becomes controversial
and should be threshed out in an ordinary case or in the case where the
incident properly belongs.
(Almarza vs Arguelles 156 SCRA 718).
The duty of the land registration officials to issue the decree of registration is
ministerial in the sense that they act under the orders of the court and the
decree must be in conformity with the court judgment and with the data
found in the record. However, if they are in doubt upon any point in relation
to the preparation and issuance of the decree, they are duty bound to refer
the matter to the court. They act in this respect, as officials of the court. The
administrator is thus not legally obligated to issue the decree where, upon his
verification, he finds that subject land has already been decreed and titled in
anothers name.
(Republic vs Vera 20 SCRA 210; Widows and Orphans Assoc., Inc. vs CA
201 SCRA 165.)
The Cadastral court is not limited to merely adjudication of ownership in favor
of one or more claimants. If there are no successful claimants, the property is
declared public land. Additionally, while the court has no jurisdiction to
adjudicate lands already covered by a Certificate of Title, it is nonetheless
true that this rule only applies where there exists no serious controversy as to
the certificates authenticity vis--vis the land covered therein.
Obligation theory
The tortuous act gives rise to an obligation, which is transitory and follows
the person committing the tortuous act and may be enforced wherever he
may be found.
Theory of Most Significant Relationship
An action for tort may be filed in the country where it has the mostsignificant
relationship. In determining the state which has the most significant
relationship, the following factors are to be taken into account: 1. Place where
the injury occurred 2. Place of conduct 3. Domicile, residence, nationality,
place of incorporation and place of business 4. Place where relationship
between the parties is centered.
Lex loci delicti
the law of the place where the crime was committed will govern since it
determines the specific law by which the criminal is to be penalized and at
the same time designates the state that has jurisdiction to punish him.