PROPERTY

- Regalian Doctrineo All lands of the public domain belong to the State. The State is the

source of any asserted right to ownership of land and charged with the conservation of such patrimony. (Sec. of the DENR, etc. v. Mayor Jose Yap, et al. GR 167707 & 173775)

- 2 Principles of Ownership:o Self-help: (Art. 429) The use of force as may be reasonably necessary

to repel or prevent an actual or threatened unlawful physical invasion or usurpation of one’s property.

o State of Necessity: (Doctrine of Incomplete Privilege, Art. 432) Valid interference necessary to avert an imminent danger and threatened damage to the actor or a third person. The damage to another must be much greater than the damage to the property.

- Hidden Treasure o Hidden treasure belongs to the owner of the property from which it

is found.o If it is found on the property of another, the finder shall be entitled

to half of the amount of the treasure. Exception: If the finder is a trespasser, he shall not be entitled

to any share of the treasure.o (Art. 438) If the treasure is of interest to science or the arts, the State

may acquire them provided that the finder be paid half of its just price.

- Doctrine of Irrevindicabilityo (Art. 559, NCC) One who has lost any movable or has been unlawfully

deprived thereof may recover it from the person in possession of the same.

- Easement of Light and Viewo Requisites in acquisition of a negative easement of light and view:

Formal prohibition – must be notarized Distances prescribed in Art 670, NCC

Direct view – 2m from boundary line Side/oblique view – 60cm from boundary line

o Exception: If there is a public way not less than 3m wide.

Lapse of 10 years from formal prohibition

- Easement of Right of Wayo Requisites:

Ownership/Real right over dominant estate Landlock not due to own action of the dominant estate Absolute necessity Adequacy Must be made on property that would cause the least damage

and has shortest distance from the highway If both circumstances do not concur in a single estate, it

must be made on the property that would suffer least damages even if it does not have the shortest distance from the highway.

Compensation to the servient estate Exceptions:

o Saleo Granto Simple Donation

LAND TITLES AND DEEDS

- Confirmation of an imperfect titleo Applicant must prove:

Open, continuous, exclusive and notorious possession and occupation of the subject land by the applicant of through his predecessors in interest under a bona fide claim of ownership from June 12, 1945.

The classification of the land as alienable and disposable land of public domain. (Sec. of National Environment and Natural Resources v. Yap, GR 167707)

PARTNERSHIP

- What is partnership by estoppel?

o (Art. 1825) When a person represents himself, or consents to another representing him to anyone, as a partner in an existing partnership or with one or more persons not actual partners, he is liable to any such persons to whom such representation has been made, who has, on the faith of such representation, given credit to the actual or apparent partnership.

When a partnership liability results, he is liable as though he were an actual member of the partnership;

When no partnership liability results, he is liable pro rata with the other persons, if any, so consenting to the contract or representation as to incur liability, otherwise separately.

- Joint Ventureo It is not separate and distinct from a partnership. The prevailing

school of thought in the Philippines is that a joint venture is a kind of property similar to a particular partnership. (Hrs. of Tan Eng Kee v. CA)

CREDIT

- Right of Redemption vs. Equity of Redemption

Right of Redemption Equity of Redemption

Right which is specifically granted by law to the mortgagor

Merely being recognized by law

Right granted to a mortgagor to repurchase the property even after the confirmation of the sale and even after the registration of the certificate of sale.

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

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

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

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

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

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

which case they shall be given a period of “one year after the sale of the real estate”. Such period, however, has been construed to be “one year from the sate of registration of the certificate of sale in the Registry of Property”.

In extrajudicial foreclosure of mortgage, the Right of Redemption exists only in extrajudicial foreclosures where there is always a right of redemption within one (1) year from the date of sale but interpreted by the Court to mean one year from the registration of the sale.

There is no equity of redemption in extrajudicial foreclosure of mortgage.

SUCCESSION

- Soundness of Mindo The testator must:

Know the nature of the estate to be disposed; Know the proper objects of one’s bounty; and Know the character of the testamentary act.

- Presumption of knowledge of the language of the willo Requisites:

The will must be in a language generally spoken in the place of execution; and

The testator is a native or resident of the locality. (Abangan v. Abangan)

- Valid execution of a notarial will by a handicapped testatoro Deaf or Deaf-Mute – The testator must personally read the will.o Illiterate and Deaf/Deaf-Mute – He shall designate two persons to

read the will and communicate its contents to him in a practical manner.

o Blind or Illiterate – The will must be read to the testator twice: By one of the attesting witnesses By the notary before whom the will is acknowledged

- Revocation by the act of physical destructiono Requisites:

Corpus – The physical act of destruction or evidence of destruction; and

Animus – The testator, acting by himself or through his agent.

- Preteritiono (Art. 854) The omission in testator’s will of one, some or all of the

compulsory heirs in the direct line, whether living at the time of execution of the will or born after the death of the testator.

When it does not exist: Instituted in the will, but the portion given to him is less

than his legitime Given a devise in the will Received donation inter vivos from the testator

Not all of the estate is disposed by will.- Preterition vs. Ineffective Disinheritance

Preterition Ineffective DisinheritanceTotal omission from the inheritance without express disinheritance

Total exclusion of a compulsory heir from the inheritance

Omission is inadvertent Omission is intendedWhole institution is annulled if there are no legacies and devises

Disinherited heir is merely restored to his legitime