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WHEN REPUBLICATION IS NOT NEEDED IN CASES OF AMENDED PETITION FOR

REGISTRATION
A subsequent republication is not needed after an amendment of the petition in order
to conform to the technical description in the petition for registration or a reduction of
the area specified in the original petition (Republic vs. San Mateo, G.R. No. 203560,
November 10, 2014).

PREJUDICIAL QUESTION
Requisites: (1) the civil case involves facts intimately related to those upon which the
criminal prosecution would be based; (2) in the resolution of the issue or issues raised in
the civil action, the guilt or innocence of the accused would necessarily be determined
(Ty-de Zuzuarregui vs. Hon. Villarosa, G.R. No. 183788, April 5, 2010).

PRETERITION
For preterition to apply there must be a total omission of the compulsory heirs in the
direct line so as to deprive him/her of his/her legitime; the omission must be total and
complete in character in such a way that the omitted compulsory heir did not and has
not received anything from the testator by any title whatsoever (Art. 814, NEW CIVIL
CODE; Nuguid vs Nuguid, G.R. No. L-23445, June 23, 1966; Aznar vs. Duncan, G.R. No. L-
24365, June 30, 1966)

FIDEICOMISSARY SUBSTITUTION
Requisites: (1) the first heir is strictly mandated to preserve the property and to transmit
the same later to the second heir, (2) there is an obligation clearly imposing upon the
first heir the preservation of the property and its transmission to the second heir. Under
Article 863, the second heir or the fideicommissary to whom the property is transmitted
must not be beyond one degree from the first heir or the fiduciary (Rabadilla vs. Court
of Appeals, G.R. No. 113725, June 29, 2000).

RESERVA TRONCAL
The persons involved in reserva troncal are: (1) The ascendant or brother or sister (origin)
from whom the property was received by the descendant by lucrative or gratuitous
title; (2) The descendant or prepositus (propositus) who received the property; (3) The
reservoir (reservista), the other ascendant who obtained the property from the
prepositus by operation of law; and (4) The reservee (reservatario) who is within the third
degree from the prepositus and who belongs to the (linea o tronco) from which the
property came and for whom the property should be reserved by the reservor. First
cousins of the descendant/prepositus are fourth degree relatives and cannot be
considered reservees/reservatarios (Mendoza vs. Delos Santos, G.R. No. 176422, March
20, 2013)

FORMAL REQUISITES OF A HOLOGRAPHIC WILL (WDSL)


(1) It must be entirely written by the hand of the testator
(2) Entirely dated by the hand of the testator
(3) Entirely signed by the hand of the testator
(4) Executed in a language or dialect known to the testator (Art. 804 and Art. 810, NEW
CIVIL CODE)

Legitimation of children born to parents below marrying age


(1.) The parents are not disqualified to marry each other by any legal impediment
at the time of conception of the child, or were so disqualified only because
either or both of them were below eighteen (18) years of age;
(2.) The child is conceived and born outside a valid marriage
(3.) Parents subsequently enter into a valid marriage (Sec. 1, RA 9858)

Presumption of negligence in relation to Land Transportation and Traffic Code


Unless there is proof to the contrary, it is presumed that a person driving a motor vehicle
has been negligent, if at the time of mishap, he was violating any traffic regulation."
RA 4136 (Land Transportation and Traffic Code) mandates motorists to drive and
operate vehicles on the right side of the road or highway and observe careful
and prudent speed (Marikina Auto Line Transport Corp. v. People, G.R. No.
152040, March 31, 2006)

Emergency rule
One who suddenly finds himself in danger and acts without time to consider the
best means to avoid the impending danger, is not guilty of negligence if he fails
to adopt what could have been a better method, unless the emergency is
brought about by his own negligence (Gan v. Court of Appeals, G.R. No. L-
44264, September 19, 1988)

WHEN REPUBLICATION IS NOT NEEDED IN CASES OF AMENDED PETITION FOR


REGISTRATION
A subsequent republication is not needed after an amendment of the petition in order
to conform to the technical description in the petition for registration or a reduction of
the area specified in the original petition (Republic vs. San Mateo, G.R. No. 203560,
November 10, 2014).

PREJUDICIAL QUESTION
Requisites: (1) the civil case involves facts intimately related to those upon which the
criminal prosecution would be based; (2) in the resolution of the issue or issues raised in
the civil action, the guilt or innocence of the accused would necessarily be determined
(Ty-de Zuzuarregui vs. Hon. Villarosa, G.R. No. 183788, April 5, 2010).

PRETERITION
For preterition to apply there must be a total omission of the compulsory heirs in the
direct line so as to deprive him/her of his/her legitime; the omission must be total and
complete in character in such a way that the omitted compulsory heir did not and has
not received anything from the testator by any title whatsoever (Art. 814, NEW CIVIL
CODE; Nuguid vs Nuguid, G.R. No. L-23445, June 23, 1966; Aznar vs. Duncan, G.R. No. L-
24365, June 30, 1966)

FIDEICOMISSARY SUBSTITUTION
Requisites: (1) the first heir is strictly mandated to preserve the property and to transmit
the same later to the second heir, (2) there is an obligation clearly imposing upon the
first heir the preservation of the property and its transmission to the second heir. Under
Article 863, the second heir or the fideicommissary to whom the property is transmitted
must not be beyond one degree from the first heir or the fiduciary (Rabadilla vs. Court
of Appeals, G.R. No. 113725, June 29, 2000).

TEST OF INCOMPATIBILITY IN IMPLIED NOVATION


The test of incompatibility is whether the two obligations can stand together, each one
having its independent existence. If they cannot, they are incompatible and the latter
obligation novates the first. Corollarily, changes that breed incompatibility must be
essential in nature and not merely accidental. The incompatibility must take place in
any of the essential elements of the obligation, such as its object, cause or principal
conditions thereof; otherwise, the change would be merely modificatory in nature and
insufficient to extinguish the original obligation (Transpacific Battery Corporation vs.
Security Bank & Trust Co., G.R. No. 173565, May 8, 2009)

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