Element Continuous Discontinuous Use Incessant Intervals or intermittent Usage by human interruption No Yes Establishment Human action Human action Exercise No human action Needs human action Example The easement of drainage, and…
Author: Bryan Villarosa
Jabonete vs. Monteverde Digest
“The Right of Way that Did Not Transfer to the Next Owner” Facts On May 12, 1954, Antonio Legaspi received a copy of CFI Davao decision entitled Jabonete v. Monteverde et al. dated Mar 11,…
Redhibitory Defect
Are those defects in the article sold which the seller is bound to warrant. Such defects render the thing sold as (1) unfit for the use it was intended; (2) diminish its…
Mayorazgo
is the right to succeed to the property left upon the condition that it be preserved perpetually intact in the family and that it be transmitted in order of succession to each…
Caveat Emptor
the purchaser acquires no higher or better right that the seller.
Biased Witness
when his relation to the cause or to the parties is such that he has an incentive to exaggerate or give false color to his statements, or to suppress or to pervert…
Criminal Negligence
Imprudence is an act of carelessness (reckless imprudence) which, had it been intentional, would otherwise constitute a felony (Article 365 of RPC): If grave felony: Arresto mayor max to prision correccional medium…
Circumstantial Evidence
evidence that “indirectly proves a fact in issue through an inference which the fact-finder draws from the evidence established. Resort thereto is essential when the lack of direct testimony would result in…
Conspiracy
Agreed and decided to commit. Conspiracy exists when two or more persons come to an agreement concern the commission of a felony and decide to commit it. Article 8 of the Revised Penal…
Arson
Simple arson under section 1 of PD1613 with a punishment of prision mayor. Destructive arson under the new Article 320 of RPC as restored by RA 7659 (Sourced from destructive arson under section 2 of PD 1613 and Section…