2007-2013 Civil Law Philippine Bar Examination Questions and Suggested Answers (JayArhSals&Ladot)

Civil Law Q&As (2007-2013)

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A Compilation of the Questions and Suggested Answers In the PHILIPPINE BAR EXAMINATIONS 2007-2013 In

CIVIL LAW Compiled and Arranged By: Baratbate-Ladot, Delight Salise, Hector Christopher “Jay-Arh” Jr. M. (University of San Jose-Recoletos School of Law)

ANSWERS TO BAR EXAMINATION QUESTIONS by the UP LAW COMPLEX (2007-2013) & PHILIPPINE ASSOCIATION OF LAW SCHOOLS (2008)

“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige

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FOREWORD This work is a compilation of the ANSWERS TO BAR EXAMINATION QUESTIONS by the UP LAW COMPLEX , Philippine Association of Law Schools from 2007-2010 and local law students and lawyers’ forum sites from 2011-2013 and not an original creation or formulation of the author. The authors were inspired by the work of Silliman University’s College of Law and its students of producing a very good material to everyone involved in the legal field particularly the students and the reviewees for free. Hence, this work is a freeware. Everyone is free to distribute and mass produce copies of this work, however, the author accepts no liability for the content of this reviewer, or for the consequences of the usage, abuse, or any actions taken by the user on the basis of the information given. The answers (views or opinions) presented in this reviewer are solely those of the authors in the given references and do not necessarily represent those of the authors of this work. The Authors.


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TABLE OF CONTENTS (Titles are based on Silliman’s Compilation [Arranged by Topic])

Persons Capacity: Juridical Capacity (2008)...............................................................................12 Capacity; Juridical Capacity of Donee; Requisites for Acceptance (2012).......................12 Capacity: Legal Capacity; Lex Rei Sitae (2007)...............................................................13 Correction of Entries; Clerical Error Act (2008).............................................................14 Nationality Principle (2009)...........................................................................................14 Nationality Principle; Change of Name not Covered (2009).............................................15

Conflict of Laws Processual Presumption (2009)......................................................................................16 Jurisdiction; Courts may Assume Jurisdiction over Conflict of Laws Cases (2010).........17

Adoption Adoption; Termination; Death of Adopter (2009)............................................................17 Adoption; Illegitimate Child (2010)................................................................................18 Adoption; Illegitimate Child; Use of Mother’s Surname as Middle Name (2012)..............19 Consent; Consent of the Adopter’s Heirs (2008).............................................................19 Qualifications of Adopter (2010)....................................................................................20


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Family Code Marriage; Annulment; Grounds (2009)...........................................................................20 Marriage; Annulment; Grounds (2007)...........................................................................21 Marriage; Annulment; Parties (2012)..............................................................................22 Marriage; Annulment; Support Pendente Lite (2010)......................................................22 Marriage; Divorce Decrees; Filipino Spouse Becoming Alien (2009)................................23 Marriage; Divorce Decrees; Foreign Spouse Divorces Filipino Spouse (2012)..................24 Marriage; Divorce Decrees; Foreign Spouse Divorces Filipino Spouse (2010)..................25 Marriage; Legal Separation; Prescription (2012).............................................................25 Marriage; Legal Separation; Prescription (2007).............................................................26 Marriage; Psychological Incapacity (2013).....................................................................26 Marriage; Psychological Incapacity (2012).....................................................................28 Marriage; Requisites (2008)...........................................................................................28 Marriage; Subsequent Marriage (2008)...........................................................................29 Marriage; Void Marriages; By Reason of Public Policy (2008)..........................................30 Marriage; Void Marriages; By Reason of Public Policy (2007)..........................................30 Marriage; Void Marriages; Property Relations (2009)......................................................30 Marriage; Void Marriages; Status of Children (2009).......................................................31 Parental Authority; Illegitimate Minor Child (2009).......................................................32 Parental Authority; In Vitro Fertilization (2010)............................................................32 “Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige

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Paternity & Filiation; Child Born Under a Void Marriage (2010)....................................33 Paternity & Filiation; Impugning Legitimacy (2010).......................................................34 Paternity & Filiation; In Vitro Fertilization; Surrogate Mother’s Remedy to Regain Custody (2010)...................34 Paternity & Filiation; Legitimacy; Presumption (2008)..................................................35 Paternity & Filiation; Legitimation of a Child from a Previous Valid Marriage (2008).....36 Paternity & Filiation; Legitimation of a Dead Child (2009).............................................37 Paternity & Filiation; Support: Ascendants & Descendants; Collateral Blood Relatives (2008)...................................................37 Paternity & Filiation; Use of Surname; Illegitimate Child (2009)....................................38 Paternity & Filiation; Who May Impugn Legitimacy (2009)............................................39 Property Relations; Adulterous Relationship (2009).......................................................39 Property Relations; Accession (2012).............................................................................40 Property Relations; Ante-Nuptial Debt (2007)................................................................40 Property Relations; Unions Without Marriage (2012)......................................................41 Property Relations; Unions Without Marriage (2012)......................................................42 Property Relations; Void Marriages (2010).....................................................................43 Property Relations; Void Marriages (2010).....................................................................45


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Succession Disposition; Mortis Causa vs. Intervivos; Corpse (2009).................................................46 Heirs; Fideicommissary Substitution (2008)..................................................................46 Heirs; Intestate Succession; Legitime; Computation (2010)...........................................47 Heirs; Representation; Iron-Curtain Rule (2012)............................................................49 Heirs; Reserva Troncal (2009)........................................................................................49 Intestate Succession (2008)...........................................................................................50 Intestate Succession (2008)...........................................................................................51 Intestate Succession; Rights of Representation: Illegitimate, Adopted Child; Iron Curtain Rule (2007)....................51 Legitimes; Compulsory Heirs (2012)..............................................................................53 Legitime; Compulsory Heirs (2008)................................................................................53 Preterition; Disinheritance (2008).................................................................................54 Succession; Proof of Death between persons called to succeed each other (2008)..........55 Succession; Rule on Survivorship (2009).......................................................................56 Wills; Holographic Wills; Insertions & Cancellations (2012)............................................57 Wills; Holographic Wills; Probate (2009).........................................................................57 Wills; Joint Wills (2008).................................................................................................59 Wills; Joint Wills; Probate (2012)...................................................................................59


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Wills; Prohibition to Partition of a Co-Owned Property (2010)........................................60 Wills; Notarial Wills; Blind Testator; Requisites (2008)...................................................61 Wills; Testamentary Disposition; Period to Prohibit Partition (2008)..............................61 Wills; Witnesses to a Will, Presence required; Thumbmark as Signature (2007)..............62

Donation Donations; Formalities; In Writing (2007)......................................................................63 Donations; Illegal & Impossible Conditions (2007).........................................................64 Donation; Inter Vivos (2013)..........................................................................................64

Property Accretion; Alluvium (2008)............................................................................................65 Accretion; Rights of the Riparian Owner (2009).............................................................67 Builder; Good Faith; Requisites (2013)...........................................................................68 Easement; Prescription; Acquisitive Prescription (2009)................................................70 Easement; Right of Way (2013)......................................................................................70 Easement; Right of Way (2010)......................................................................................72 Hidden Treasure (2008).................................................................................................73 Mortgage; Public or Private Instrument (2013)...............................................................74 Occupation vs. Possession (2007)..................................................................................76 Ownership; Co-Ownership (2009)...................................................................................76 Ownership; Co-Ownership (2008)...................................................................................77


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Property; Movable or Immovable (2007).........................................................................78

Land Titles and Deeds Acquisition of Lands; Sale of Real Property to an Alien (2009).......................................79 Non-Registrable Properties (2007)..................................................................................80 Prescription; Acquisitive Prescription (2008).................................................................81 Prescription; Judicially Foreclosed Real Property Mortgage (2012)................................82 Purchaser in Good Faith; Mortgaged Property (2008).....................................................83 Registration; Governing Law (2007)...............................................................................84 Registration; Party Who First took Possession (2013)....................................................85 Registration; Requisites; Proof (2013)............................................................................86 Remedies; Fraud; Rights of Innocent Purchaser (2009)..................................................89

Contracts Contract to Sell vs. Conditional Contract of Sale (2012)................................................90 Rescission of Contract; Fortuitous Event (2008)............................................................90 Stipulation; Arbitration Clause (2009)............................................................................91

Obligations Extinguishment; Compensation (2009)..........................................................................91 Extinguishment; Compensation (2008)..........................................................................92 Extinguishment; Novation (2008)..................................................................................93 Extinguishment; Payment of Check (2013)....................................................................94 “Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige

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Extinguishment; Payment of Check; Legal Tender (2008)..............................................95 Liability; Solidary Liability (2008)..................................................................................96 Obligations; Without Agreement (2007).........................................................................97

Trust Trust De Son Tort (2007)...............................................................................................98

Sales Condominium Act; Partition of a Condominium (2009)..................................................99 Mortgage; Equitable Mortgage (2012).............................................................................99 Option Contract; Liquor & “Pulutan” as Consideration (2013)......................................100 Right of First Refusal; Lessee; Effect (2008).................................................................101

Lease Builder; Good Faith; Useful Improvements (2013)........................................................103 Lease; Caveat Emptor (2009).......................................................................................104

Agency Agency; Sale of a Real Property through an Agent (2010).............................................104

Partnership Liability; Liability of a Partner (2010)..........................................................................105 Oral Partnership (2009)...............................................................................................106 Share; Demand during the Existence of Partnership (2012)..........................................107


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Commodatum & Mutuum Mutuum; Interest; Solutio Indebiti (2012)....................................................................107

Guaranty Guaranty (2009)...........................................................................................................108

Surety Surety (2010)...............................................................................................................108

Pledge Pledge; Pactum Commissorium (2009).........................................................................109

Torts and Damages Damages (2012)...........................................................................................................109 Damages; Moral & Exemplary (2009)............................................................................110 Damages; Public Officers acting in the Performance of their Duties (2012)..................111 Death Indemnity (2009)...............................................................................................112 Doctrine of Discovered Peril (Last Clear Chance) (2007)...............................................112 Liability; Owner of a Pet; Fortuitous Event (2010).......................................................113 Liability; Special Parental Authority (2010).................................................................115 Quasi-Delict; Claims; Requisites (2013)........................................................................115 Quasi Tort (2010).........................................................................................................116


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MULTIPLE CHOICE QUESTIONS 2013 Civil Law Exam MCQ (October 13, 2013)...….………………………………………..........118 2012 Civil Law Exam MCQ (October 14, 2012).….……………………………………...............130 2011 Civil Law Exam MCQ (November 13, 2011).………………………………….……............149 2010 Civil Law Exam MCQ (September 12, 2010).………………………………….……...........176 2007 Civil Law Exam MCQ (September 09, 2007).………………………………….……...........179


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Persons

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mother's womb. However, if the fetus had an intra-uterine life of less than seven months, it is not deemed born if it

Capacity: Juridical Capacity (2008)

dies within twenty-four (24) hours after No. II. At age 18, Marian found out that she

its complete delivery from the maternal

was pregnant. She insured her own life and

womb. The act of naming the unborn

named

sole

child as sole beneficiary in the insurance

beneficiary. When she was already due to

is favorable to the conceived child and

give birth, she and her boyfriend Pietro, the

therefore the fetus acquires presumptive

father

were

or provisional personality. However, said

kidnapped in a resort in Bataan where they

presumptive personality only becomes

were vacationing. The military gave chase

conclusive if the child is born alive. The

and after one week, they were found in an

child need not survive for twenty-four

abandoned hut in Cavite. Marian and Pietro

(24) hours as required under Art. 41 of

were hacked with bolos. Marian and the

the Code because "Marian was already

baby delivered were both found dead, with

due to give birth," indicating that the

the baby's umbilical cord already cut. Pietro

child was more than seven months old.

her

unborn

of

her

child

unboarn

as

her

child,

survived. (A). Can Marian's baby be the beneficiary of the insurance taken on the life of the mother? (2%)

Capacity; Juridical Capacity of Donee; Requisites for Acceptance (2012) No.I. b) Ricky donated P 1 Million to the

SUGGESTED ANSWER:

unborn child of his pregnant girlfriend,

Yes, the baby can be the beneficiary of

which she accepted. After six (6) months of

the life insurance of Marian. Art. 40 NCC

pregnancy, the fetus was born and baptized

provides

as Angela. However, Angela died 20 hours

that

personality;

but

"birth the

determines

conceived

child

after birth. Ricky sought to recover the P 1

shall be considered born for all purposes

Million.

that are favorable to it, provided that it

Explain. (5%)

be

born

later

with

the

conditions

specified in Art. 41. Article 41 states

Is

Ricky

entitled

to

recover?

SUGGESTED ANSWER:

that "for civil purposes, the fetus shall

Yes, Ricky is entitled to recover the

be considered born if it is alive at the

P1,000,000.00. The NCC considers a

time it is completely delivered from the “Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige

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a

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fetus a person for purposes favorable to

acquire

house

in

Australia

because

it provided it is born later in accordance

Australian Laws allow aliens to acquire

with the provision of the NCC. While the

property from the age of 16.

donation is favorable to the fetus, the donation did not take effect because the fetus was not born in accordance with the NCC.

SUGGESTED ANSWER: TRUE. Since Australian Law allows alien to acquire property from the age of 16,

To be considered born, the fetus that

Roberta may validly own a house in

had an intrauterine life of less than

Australia, following the principle of lex

seven (7) months should live for 24

rei sitae enshrined in Art. 16, NCC,

hours from its complete delivery from

which states "Real property as well as

the mother’s womb. Since Angela had an

personal property is subject to the law of

intrauterine life of less than seven (7)

the

months but did not live for 24 hours, she

Moreover,

was not considered born and, therefore,

capacity of

did not become a person. Not being a

contract in Australia is governed by

person, she has no juridical capacity to

Philippine

be a donee, hence, the donation to her

ownership

did not take effect. The donation not

until the contract is annulled.

being effective, the amount donated may be recovered. To retain it will be unjust enrichment.

country

where

even

over

is

assuming

Roberta Law,

it

that

legal

in entering the

she the

situated."

will

property

acquire bought

ALTERNATIVE ANSWER: FALSE. Laws relating to family rights and duties, or to the status, condition or legal capacity of persons are binding

Capacity: Legal Capacity; Lex Rei Sitae

upon the citizens of the Philippines,

(2007)

even though living abroad (Art. 15, NCC). The age of majority under Philippine law

No.VII. Write "TRUE" if the statement is

is 18 years (R.A. No. 6809); hence,

true or "FALSE" if the statement is false. If

Roberta, being only 17 years old, has no

the statement is FALSE, state the reason.

legal capacity to acquire and own land.

(2% each). (1). Roberta, a Filipino, 17 years of age, without the knowledge of his parents, can


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Correction of Entries; Clerical Error Act

the Rules of Court because said changes

(2008)

are substantive corrections.

No. IV. Gianna was born to Andy and

(B).

Aimee, who at the time Gianna's birth were

administrative proceedings be brought for

not married to each other. While Andy was

the

single at the time, Aimee was still in the

corrections? (2%)

Instead

of

purpose

a of

judicial

action,

making

the

can above

process of securing a judicial declaration of nullity on her marriage to her ex-husband. Gianna's birth certificate, which was signed by both Andy and Aimee, registered the status

of

Gianna

as

"legitimate",

her

surname carrying that of Andy's and that her parents were married to each other.

SUGGESTED ANSWER: No. An administrative proceeding cannot be brought for the purpose of making the above corrections. R.A. 9048, otherwise known as the Clerical Error Act, which authorizes the city or municipal civil

(A). Can a judicial action for correction of

registrar or the consul general to correct

entries in Gianna's birth certificate be

a clerical or typographical error in an

successfully maintained to:

entry and/or change the first name or nickname in the civil register without

a). Change her status from "legitimate" to

need of a judicial order. Errors that

"illegitimate" (1%);

involve the change of nationality, age, status, surname or sex of petitioner are

and

not included from the coverage of the

b). Change her surname from that of Andy's to Aimee's maiden surname? (1%) SUGGESTED ANSWER:

entries in Gianna's birth certificate can be successfully maintained to change (a) status

from

"legitimate"

to

"illegitimate," and (b) her surname from that

of

Andy's

to

174689, 22 Oct., 2007).

Nationality Principle (2009)

Yes, a judicial action for correction of

her

said Act (Silverio v. Republic, G.R. No.

Aimee's

maiden

surname in accordance with Rule 108 of

No.XII. Emmanuel and Margarita, American citizens and employees of the U.S. State Department, got married in the African state of Kenya where sterility is a ground for annulment of marriage. Thereafter, the spouses were assigned to the U.S. Embassy in Manila. On the first year of the spouses’


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tour of duty in the Philippines, Margarita filed an annulment case against Emmanuel

ALTERNATIVE ANSWER:

before a Philippine court on the ground of

The

her husband’s sterility at the time of the

action for the annulment of marriage

celebration of the marriage.

solemnized elsewhere but only when the

forum

has

jurisdiction

over

an

party bringing the actions is domiciled (A). Will the suit prosper? Explain your

in the forum. In this case, none of the

answer. (3%)

parties to the marriage is domiciled in the

SUGGESTED ANSWER: No, the suits will not prosper. As applied to foreign nationals with the respect to family relations and status of persons, the nationality principle set forth in Article 15 of the Civil Code will govern the

relations

Margarita.

of

Since

Emmanuel

they

are

Philippines.

They

are

here

as

officials of the US Embassy whose stay in the country is merely temporary, lasting only during their fixed tour of duty. Hence, the Philippine courts have no jurisdiction over the action.

and

American

citizens, the governing law as to the ground for annulment is not Kenyan Law

Nationality Principle; Change of Name not Covered (2009)

which Magarita invokes in support of

No.XX. (A). If Ligaya, a Filipino citizen

sterility as such ground; but should be

residing in the United States, files a petition

U.S. Law, which is the national Law of

for change of name before the District Court

both

of New York, what law shall apply? Explain.

Emmanuel

and

Margarita

as

recognized under Philippine Law. Hence,

(2%)

the Philippine court will not give due course to the case based on Kenyan Law.

SUGGESTED ANSWER:

The nationality principle as expressed in

New York law shall apply. The petition of

the application of national law of foreign

change of name file din New York does

nationals

by

Philippine

courts

is

not concern the legal capacity or status

precedents

(Pilapil

v.

of the petitioner. Moreover, it does nto

653[1989],

affect the registry of any other country

Garcia v. Recio, 366 SCRA 437 [2001],

including the country of birth of the

Llorente v. Court of Appeals 345 SCRA

petitioner.

92 [2000], and Bayot v. Court of Appeals

rendered in that petition will have effect

570 SCRA 472 [2008]).

only in New York. The New York court

established Ibay-Somera,

by

174

SCRA

Whatever

judgment

is


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cannot, for instance, order the Civil

petitioner and his transactions in the

Registrar in the Philippines to change its

Philippines. The Philippine court can

records. The judgment of the New York

never

court allowing a change in the name of

custodian in the US of the records of the

the petitioner will be limited to the

petitioner. Moreover, change of name

records of the petitioner in New York

has nothing to do with the legal capacity

and the use of her new name in all

or status of the alien. Since Philippine

transactions in New York. Since the

records and transactions are the only

records and processes in New York are

ones affected, the Philippine court may

the only ones affected, the New York

effect the change only in accordance

court

with the laws governing those records

will

apply

New

YorK

law

in

acquire

jurisdiction

over

the

resolving the petition.

and transactions that law cannot be but

ALTERNATIVE ANSWER:

Philippine law.

Philippine law shall apply (Art 15, NCC).

ALTERNATIVE ANSWER:

Status, conditions, family rights and

U.S. law shall apply as it is his national

duties are governed by Philippine laws as

law. This is pursuant to the application

to

of

Filipinos

even

though

sojourning

lex

patriae

or

the

nationality

abroad.

principle, by which his legal status is

ALTENATIVE ANSWER:

governed by national law, the matter of

If Ligaya, a Filipino, files a petition for

change of name being included in the

change of name with the District Court

legal status. The Supreme Court has

of New YoRk, the laws of New York will

reiterate in several cases, that the lex

govern since change of name is not one

patriae as provided in Article 15 of the

of those covered by the principles of

Civil

nationality.

nationals

Code

is

in

applicable

to

determining

foreign

their

legal

status (supra). (B). If Henry, an American citizen residing in the Philippines, files a petition for change

Conflict of Laws

of name before a Philippine court, what law shall apply? Explain. (2%)

Processual Presumption (2009)

SUGGESTED ANSWER: Philippine law will apply. The petition for change of name in the Philippines will

affect

only

the

records

of

the

No.I. TRUE or FALSE. Answer TRUE if the statement

is

true,

or

FALSE

if

the

statement is false. Explain your answer in not more than two (2) sentences.


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(A).

The

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doctrine

of

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"processual

(1) Public Order. To maintain peace and

presumption" allows the court of the forum

order, disputes that disturb the peace of

to presume that the foreign law applicable

the forum should be settled by the court

to the case is the same as the local or

of the forum even though the application

domestic law. (1%)

of the foreign law is necessary for the purpose.

SUGGESTED ANSWER: TRUE. If the foreign law necessary to the

(2) Humanitarian Principle. An aggrieved

resolve an issue is not proven as a fact,

party should not be left without remedy

the court of the forum may presume that

in a forum even though the application

the foreign law is the same as the law of

of the foreign law by the courts of the

the forum.

forum is unavoidable in order to extend relief.

Jurisdiction;

Courts

may

Adoption

Assume

Jurisdiction over Conflict of Laws Cases (2010)

Adoption; Termination; Death of Adopter (2009)

No.III. Define, Enumerate or Explain. (2% each)

No.XIII. Rafael, a wealthy bachelor, filed a petition for the adoption of Dolly, a one-

(C) Give at least two reasons why a court

year old foundling who had a severe heart

may assume jurisdiction over a conflict of

ailment.

laws case.

adoption proceedings, Rafael died of natural

During

the

pendency

of

the

causes. The Office of the Solicitor General files a motion to dismiss the petition on the

SUGGESTED ANSWER: (1) Statute theory. There is a domestic law

authorizing

the

local

court

to

assume jurisdiction. (2)

Comity

assumes

theory.

ground that the case can no longer proceed because of the petitioner’s death. (A). Should the case be dismissed? Explain.

The

jurisdiction

local

based

principle of comity or courtesy. ALTERNATIVE ANSWER:

on

court the

(2%) SUGGESTED ANSWER: It

depends

on

the

stage

of

the

proceedings when Rafael died. If he died after all the requirements under the law


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have been complied with and the case is

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Adoption; Illegitimate Child (2010)

already submitted for resolution, the court may grant the petition and issue a

No.VIII. Spouses Rex and Lea bore two

decree of adoption despite the death of

children now aged 14 and 8. During the

the

8552).

subsistence of their marriage, Rex begot a

Otherwise, the death of the petitioner

child by another woman. He is now 10

shall have the effect terminating the

years of age.

adopter

(Section

13,

RA

proceedings.

On Lea’s discovery of Rex’s fathering a child

(B). Will your answer be the same if it was

by another woman, she filed a petition for

Dolly who died during the pendency of the

legal separation which was granted.

adoption proceedings? Explain. (2%)

Rex now wants to adopt his illegitimate child.

SUGGESTED ANSWER: No, if it was Dolly who died, the case should

be

terminates

dismissed. the

Her

death

proceedings (Art. 13,

Domestic Adoption Law).

(A) Whose consent is needed for Rex’s adoption of his illegitimate child? (2.5%) SUGGESTED ANSWER:

ALTERNATIVE ANSWER:

The

It depends. If all the requirements under

legitimate child, of the 10- year -old

the law have already been complied with

illegitimate child and of the biological

and the case is already submitted for

mother of the illegitimate child are

resolution, the death of the adoptee

needed for the adoption (Section 7 and

should not abate the proceedings. The

9, RA 8552). The consent of Lea is no

court

longer

should

issue

the

decree

of

adoption if will be for the best interest of

consent

required

of

the

14-year-old

because

there

was

already a final decree of legal separation.

the adoptee. While RA8552 provides only for the case where it is the petitioner

(B) If there was no legal separation, can Rex

who dies before the decree is issued, it is

still adopt his illegitimate child? Explain.

with more compelling reason that the

(2.5%)

decree should be allowed in case it is the adoptee who dies because adoption is primarily for his benefit.

SUGGESTED ANSWER: Yes, he can still adopt his illegitimate child but with the consent of his spouse,


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of his 14-year-old legitimate child, of the

Adoption of Stephanie Nathy Astorga

illegitimate child, and of the biological

Garcia, G.R. No. 148311, March 31,

mother of the illegitimate child (Section

2005, the Supreme Court ruled that the

7 and 9, RA 8552).

adopted child may use the surname of the natural mother as his middle name because there is no prohibition in the

Adoption; Mother’s

Illegitimate Surname

as

Child;

Use

Middle

of

Name

(2012)

minor

illegitimate

child

Stephanie,

alleging that Stephanie’s mother is Gemma Astorga Garcia; that Stephanie has been using

for the benefit of the adopted child who shall

preserve

his

lineage

on

his

mother’s side and reinforce his right to

No.IV.b) Honorato filed a petition to adopt his

law against it. Moreover, it will also be

her

mother’s

middle

name

and

inherit from his mother and her family. Lastly, it will make the adopted child conform with the time-honored Filipino tradition

of

carrying

the

mother’s

surname as the person’s middle name.

surname; and that he is now a widower and qualified to be her adopting parent. He prayed that Stephanie’s middle name be

Consent; Consent of the Adopter’s Heirs

changed from "Astorga" to "Garcia," which

(2008)

is her mother’s surname and that her surname "Garcia" be changed to "Catindig,"

No.V. Despite several relationships with

which is his surname. This the trial court

different

denied. Was the trial court correct in

unmarried.

denying Hororato’s request for Stephanie’s

Brenda produced a daughter, Amy, now 30

use of her mother’s surname as her middle

years old. His second, with Carla, produced

name? Explain. (5%)

two sons: Jon and Ryan. His third, with

women, His

Andrew

first

remained

relationship

with

Donna, bore him no children although SUGGESTED ANSWER: No, the trial court was not correct. There is no law prohibiting an illegitimate child adopted by his natural father to use as middle name his mother’s surname. The law is silent as to what middle name an adoptee may use. In case of In re:

Elena has a daughter Jane, from a previous relationship. His last, with Fe, produced no biological

children

but

they

informally

adopted without court proceedings, Sandy's now 13 years old, whom they consider as their own. Sandy was orphaned as a baby and was entrusted to them by the midwife who attended to Sandy's birth. All the


Page 19 of 180


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children, including Amy, now live with

[email protected]

Qualifications of Adopter (2010)

andrew in his house. No.IX. Eighteen-year old Filipina Patrice (A). Is there any legal obstacle to the legal

had a daughter out of wedlock whom she

adoption of Amy by Andrew? To the legal

named

adoption of Sandy by Andrew and Elena?

American citizen John who brought her to

(2%)

live with him in the United States of

Laurie.

America.

John

At

at

26,

Patrice

once

married

signified

his

SUGGESTED ANSWER:

willingness to adopt Laurie.

Yes, there is a legal obstacle to the legal

Can John file the petition for adoption? If

adoption of Amy by Andrew. Under Sec.

yes, what are the requirements? If no, why?

9(d) of RA 8552, the New Domestic

(5%)

Adoption

Act

consent

of

of

1998, the

the

written

illegitimate

sons/daughters, ten (10) years of age or over, of the adopter, if living with said adopter and the latter's spouse, if any, is necessary

to

the

adoption.

All

the

children of Andrew are living with him. Andrew needs to get the written consent of Jon, Ryan, Vina and Wilma, who are all ten (10) years old or more. Sandy's consent

to

Amy's

adoption

is

SUGGESTED ANSWER: No, John cannot file the petition to adopt

alone.

Philippine

law

requires

husband and wife to adopt jointly except on certain situations enumerated in the law. The case of John does not fall in any of the exceptions (R.A. 8552).

Family Code

not

necessary because she was not legally

Marriage; Annulment; Grounds (2009)

adopted by Andrew. Jane's consent is likewise not necessary because she is

No.XII. Emmanuel and Margarita, American

not a child of Andrew. Sandy, an orphan

citizens and employees of the U.S. State

since birth, is eligible for adoption under

Department, got married in the African

Sec. 8(f) of RA 8552, provided that

state of Kenya where sterility is a ground

Andrew obtains the written consent of

for annulment of marriage. Thereafter, the

the other children mentioned above,

spouses were assigned to the U.S. Embassy

including Amy and Elena obtains the

in Manila. On the first year of the spouses’

written consent of Jane, if she is over

tour of duty in the Philippines, Margarita

ten years old (Sec. 9(d), RA 8552).

filed an annulment case against Emmanuel before a Philippine court on the ground of


Page 20 of 180


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her husband’s sterility at the time of the

shall be determined by applying Kenyan


law and not Philippine law.

(B). Assume Emmanuel and Margarita are

However, while Kenyan law governs the

both

in

formal validity of the marriage, the legal

up

capacity of the Filipino parties to the

residence in the Philippines. Can their

marriage is governed not by Kenyan law

marriage be annulled on the ground of

but by Philippine law (Article 15, NCC).

Emmanuel’s sterility? Explain. (3%)

Sterility of a party as a ground for the

Filipinos.

Kenya,

they

After

come

their

back

wedding

and

take

annulment of the marriage is not a

SUGGESTED ANSWER: No, the marriage cannot be annulled under the Philippine law. Sterility is not a ground for annulment of marriage under Article 45 of the Family Code.

must

apply

Phillippine

law

in

determining the status of the marriage legal capacity of the Filipino parties.

No, the marriage cannot be annulled in the Philippines. Philippine

capacity. Hence, the Philippine court

on the ground of absence or defect in the

ALTERNATIVE ANSWER:

The

matter of form but a matter of legal

Since

sterility

does

not

constitute

absence or defect in the legal capacity of the parties under Philippine law, there is

court

shall

have

jurisdiction over the action to annul the marriage not only because the parties

no

ground

to

avoid

or

annul

the

marriage. Hence, the Philippine court has to deny the petition.

are residents of the Philippines but because they are Filipino citizens. The Philippine court, however, shall apply the law of the place where the marriage

Marriage; Annulment; Grounds (2007)

was celebrated in determining its formal

No. VII. Write "TRUE" if the statement is

validity (Article 26, FC; Article 17, NCC).

true or "FALSE" if the statement is false. If the statement is FALSE, state the reason.

Since the marriage was celebrated in

(2% each).

Kenya in accordance with Kenyan law, the formal validity of such marriage is

(4). The day after John and Marsha got

governed by Kenyan law and any issue as

married,

to the formal validity of that marriage

impotent. Marsha continued to live with

John

told

her

that

he

was


Page 21 of 180


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John for 2 years. Marsha is now estopped

No, I do not agree. There are others who

from filing an annulment case against

may file a petition for declaration of

John.

nullity such as the other spouse in bigamous marriages.

SUGGESTED ANSWER: FALSE. Marsha is not estopped from filing an annulment case against John

Marriage; Annulment; Support Pendente

on the ground of his impotence, because

Lite (2010)

she learned of his impotence after the celebration of the marriage and not

No.V. G filed on July 8, 2000 a petition for

before.

to

declaration of nullity of her marriage to B.

consummate is a valid ground for the

During the pendency of the case, the couple

annulment of marriage if such incapacity

entered into a compromise agreement to

was existing at the time of the marriage,

dissolve

continues and appears to be incurable.

property. B ceded his right to their house

The marriage may be annulled on this

and lot and all his shares in two business

ground

firms to G and their two children, aged 18

Physical

within

incapacity

five

years

from

its

their

absolute

community

of

and 19.

celebration.

B also opened a bank account in the amount of P3 million in the name of the two children to answer for their educational

Marriage; Annulment; Parties (2012)

expenses until they finish their college No.IX.b) A petition for declaration of nullity

degrees.

of a void marriage can only be filed by either the husband or the wife? Do you

For her part, G undertook to shoulder the

agree? Explain your answer. (5%)

day-to-day living expenses and upkeep of the

I

agree.

Under

The

Court

approved

the

spouses’ agreement on September 8, 2000.

SUGGESTED ANSWER: Yes,

children.

the

rules

(A) Suppose the business firms suffered

promulgated by the Supreme Court, a

reverses, rendering G unable to support

direct action for declaration of nullity

herself and the children. Can G still ask for

may only be filed by any of the spouses.

support pendente lite from B? Explain. (3%)

ALTERNATIVE SUGGESTED ANSWER: “Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige

Page 22 of 180


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Marriage;

SUGGESTED ANSWER: If B acquiesces and does not file the

[email protected]

Divorce

Decrees;

Filipino

Spouse Becoming Alien (2009)

action to impugn the legitimacy of the

No.IV. Harry married Wilma, a very wealthy

child within the prescriptive period for

woman. Barely five (5) years into the

doing so in Article 170 of the Family

marriage, Wilma fell in love with Joseph.

Code, G's daughter by another man shall

Thus, Wilma went to a small country in

be

Europe, became a naturalized citizen of

conclusively

presumed

as

the

legitimate daughter of B by G.

that country, divorced Harry, and married

(B) Suppose in late 2004 the two children had squandered the P3 million fund for their education before they could obtain

Joseph. Joseph

A

year

thereafter,

returned

Wilma

and

and

established

permanent residence in the Philippines.

their college degrees, can they ask for more

(A). Is the divorce obtained by Wilma from

support from B? Explain. (3%)

Harry

recognized

in

the

Philippines?

Explain your answer. (3%)

SUGGESTED ANSWER: Yes, the two children can still ask for

SUGGESTED ANSRWER :

support for schooling or training for some professions,

trade

or

vocation,

even beyond the age of majority until they shall have finished or completed their education (Article 194, Paragraph 2, Family Code; Javier v. Lucero, 94 Phil.

634

{1954}].Their

having

squandered the money given to them for their education will not deprive them of their right to complete an education, or to

extinguish

the

obligation

of

the

parents to ensure the future of their children.

As to Wilma, the divorced obtained by her

is

recognized

Philippines

as

because

valid

she

is

in

the

now

a

foreigner. Philippine personal laws do not

apply

to

a

foreigner.

However,

recognition of the divorce as regards Harry will depend on the applicability to his case of the second paragraph of Article 26 of the Family Code. If it is applicable, divorce is recognized as to him and, therefore, he can remarry. However, if it is not applicable, divorce is

not

recognized

as

to

him

and,

consequently, he cannot remarry. ALTERNATIVE ANSWER:


Page 23 of 180


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Yes , the divorce obtained by Wilma is

[email protected]

SUGGESTED ANSWER :

recognized as valid in the Philippines. At the time she got the divorce, she was

Yes, he can validly marry Elizabeth,

already a foreign national having been

applying the doctrine laid down by the

naturalized as a citizen of that “small

Supreme Court in Republic v. Obrecido

country in Europe.” Based on precedents

(427 SCRA 114 [2005]). Under the second

established by the Supreme Court (

paragraph of Article 26 of the Family

Bayot v. CA, 570 SCRA 472 [2008]),

Code, for the Filipino spouse to have

divorce

is

capacity to remarry, the law expressly

recognized in the Philippines if validly

requires the spouse who obtained the

obtained in accordance with his or her

divorce to be a foreigner at the time of

national law .

the marriage. Applying this requirement

obtained

by

a

foreigner

to the case of Harry it would seem that (B). If Harry hires you as his lawyer, what

he is not given the capacity to remarry.

legal recourse would you advise him to

This is because Wilma was a Filipino at

take? Why? (2%)

the time of her marriage to Harry.

SUGGESTED ANSWER:

In Republic v. Obrecido, however, the Supreme Court ruled that a Filipino

I will advice Harry to:

spouse is given the capacity to remarry

(1) Dissolve and liquidate his property relations with Wilma ; and

the recognition and enforcement of the judgment

of

divorced

the divorce was a Filipino at the time of the marriage, if the latter was already a

(2) If he will remarry, file a petition for foreign

even though the spouse who obtained

(Rule

39,Rules of Court ). (C). Harry tells you that he has fallen in love with another woman, Elizabeth, and wants to marry her because, after all,

foreigner when the divorce was already obtained abroad. According to the court, to rule otherwise will violate the equal protection clause of the Constitution.

Marriage;

Divorce

Decrees;

Foreign

Spouse Divorces Filipino Spouse (2012)

Wilma is already married to Joseph. Can

(b) Cipriano and Lady Miros married each

Harry legally marry Elizabeth? Explain.

other. Lady Miros then left for the US and

(2%)

there, she obtained American citizenship.


Page 24 of 180


Cipriano

later

[email protected]

learned

all

about

[email protected]

this

proving only that the foreign spouse has

including the fact that Lady Miros has

obtained a divorce against her or him

divorced him in America and that she had

abroad. (1%)

remarried there. He then filed a petition for authority to remarry, invoking Par. 2, Art. 26

of

the

Family

Code.

Is

Cipriano

capacitated to re-marry by virtue of the divorce decree obtained by his Filipino spouse who was later naturalized as an American citizen? Explain. (5%)

SUGGESTED ANSWER : FALSE, In Garcia v. Recio , 366 SCRA 437 (2001) , the SC held Filipino

spouse

to

that for a

have

capacity

to

contract a subsequent marriage, it must also be proven that the foreign divorced obtained abroad by the foreigner spouse

SUGGESTED ANSWER:

give such foreigner spouse capacity to

Yes, he is capacitated to remarry. While the second paragraph of Art 26 of the Family Code is applicable only to a

remarry. ALTERNATIVE ANSWER:

Filipino who married a foreigner at the

TRUE, Art 26 (2) (FC), clearly provides

time of marriage, the Supreme Court

that the decree of divorce obtained

ruled in the case of Republic v. Orbecido,

abroad

G.R. No. 154380, 5 Oct, 2005, that the

sufficient

said

spouse to remarry.

provision

equally

applies

to

a

by

the to

foreigner

capacitate

spouse

the

is

Filipino

Filipino who married another Filipino at the time of the marriage, but who was already a foreigner when the divorce was Marriage; Legal Separation; Prescription

obtained.

(2012) No.IV.a) Marriage;

Divorce

Decrees;

Foreign

Spouse Divorces Filipino Spouse (2010) No.I. True or False. (A). Under Article 26 of the Family Code, when a foreign spouse divorces his/her Filipino spouse, the latter may re-marry by

After

they

got

married,

Nikki

discovered that Christian was having an affair with another woman.

But

Nikki

decided to give it a try and lived with him for two (2) years. After two (2) years, Nikki filed an action for legal separation on the ground of Christian’s sexual infidelity. Will the action prosper? Explain. (5%)


Page 25 of 180


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the sexual infidelity committed in 2003,

SUGGESTED ANSWER: Although the action for legal separation has not yet prescribed, the prescriptive period being 5 years, if Obecido’s affair with another woman was ended when

the prescriptive period runs from 2003 and

so

on.

The

action

for

legal

separation for the last act of sexual infidelity in 2005 will prescribe in 2010.

Nikki decided to live with him again, Nikki’s

action

account

of

will

not

condonation.

prosper

on

However,

if

such affair is still continuing, Nikki’s

Marriage;

Psychological

Incapacity

(2013)

action would prosper because the action will surely be within five (5) years from

No.I. You are a Family Court judge and

the commission of the latest act of

before you is a Petition for the Declaration

sexual infidelity. Every act of sexual

of Nullity of Marriage (under Article 36 of

liaison is a ground for legal separation.

the Family Code)filed by Maria against Neil. Maria claims that Neil is psychologically incapacitated to comply with the essential

Marriage; Legal Separation; Prescription (2007)

obligations of marriage because Neil is a drunkard, a womanizer, a gambler, and a mama's boy- traits that she never knew or

No.VII. Write "TRUE" if the statement is true or "FALSE" if the statement is false. If the statement is FALSE, state the reason. (2% each).

saw when Neil was courting her. Although summoned, Neil did not answer Maria's petition and never appeared in court. To support her petition, Maria presented

(2). If a man commits several acts of sexual infidelity, particularly in 2002, 2003, 2004, 2005, the prescriptive period to file for legal

three witnesses- herself, Dr. Elsie Chan, and Ambrosia. Dr. Chan testified on the psychological

report

on

Neil

that

she

prepared. Since Neil never acknowledged

separation runs from 2002.

n9r

responded

to

her

invitation

for

interviews, her report is solely based on her

SUGGESTED ANSWER:

interviews with Maria and the spouses' FALSE. The five-year prescriptive period

minor children. Dr. Chan concluded that

for filing legal separation runs from the

Neil

occurrence

infidelity

Personality Disorder, an ailment that she

committed in 2002 runs from 2002, for

found to be already present since Neil's

of

sexual

is

suffering

from

Narcissistic


Page 26 of 180


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early adulthood and one that is grave and

mere conclusions. Being a drunkard, a

incurable. Maria testified on the specific

womanizer, a gambler and a mama’s boy,

instances when she found Neil drunk, with

merely shows Neil’s failure to perform

another

the

his marital obligations. In a number of

family's resources in a casino. Ambrosia,

cases, the Supreme Court did not find

the

the existence of psychological incapacity

woman,

spouses'

or

current

squandering household

help,

corroborated Maria's testimony.

in cases where the respondent showed habitual

drunkenness

(Republic

v.

On the basis of the evidence presented, will

Melgar, G.R. No. 139676, 2006), blatant

you grant the petition? (8%)

display of infidelity and irresponsibility (Dedel v. CA, 2004) or being hooked to

SUGGESTED ANSWER:

gambling and drugs (Republic v. TanyagSan Jose, G.R. No. 168328, 2007).

No. The petition should be denied. The psychological incapacity under Art. 36

of

the

Family

Code

must

be

characterized by (a) gravity, (b) juridical

ALTERNATIVE ANSWER: Yes. The petition should be granted.

antecedence, and (c) incurability. It is

The personal medical or psychological

not enough to prove that the parties

examination

failed to meet their responsibilities and

requirement

duties as married persons; it is essential

psychological

that they must be shown to be incapable

totality of the evidence presented which

of doing so, due to some physiological

shall

(not physical) illness (Republic v. CA and

psychological

Molina, G.R. No. 108763, Feb 13, 1997).

Marcos, G.R. No. 136490, Oct 19, 2000).

In this case, the pieces of evidence presented are not sufficient to conclude that

indeed

Neil

psychological Personality before

the

is

suffering

incapacity

Disorder] marriage,

from

[Narcissistic

existing

already

incurable

Dr.

of

respondent for

Chan’s

Maria’s

therefore,

the

incapacity report

and

not

declaration

incapacity.

determine

is It

of

is

the

existence

of

(Marcos

v.

corroborated

Ambrosia’s

sufficiently

a

by

testimonies, prove

Neil’s

psychological incapacity to assume his marital obligations.

and

serious enough to prevent Neil from performing

his

essential

marital

obligations. Dr. Chan’s report contains


Page 27 of 180


Marriage;

[email protected]

Psychological

Incapacity

(2012)

[email protected]

the said report is the only evidence of respondent’s psychological incapacity.

No.II.b) The petitioner filed a petition for declaration of nullity of marriage based

Marriage; Requisites (2008)

allegedly on the psychological incapacity of the respondent, but the psychologist was

No. III. Roderick and Faye were high school

not

the

sweethearts. When Roderick was 18 and

respondent and the psychological report

Faye, 16 years old, they started to live

was

of

together as husband and wife without the

be

benefit of marriage. When Faye reached 18

able

to

based

petitioner.

personally

only

on

Should

examine

the

the

narration

annulment

years of age, her parents forcibly took her

granted? Explain. (5%)

back and arranged for her marriage to Brad. Although Faye lived with Brad after

SUGGESTED ANSWER: The annulment cannot be guaranteed solely on the basis of the psychological report. For the report to prove the psychological respondent,

it

incapacity

of

the

is

that

the

required

psychologist should personally examine the respondent and the psychological report

should

be

based

on

the

psychologist’s independent assessment of the facts as to whether or not the respondent

is

psychologically

incapacitated. Since,

the

the

marriage,

Roderick

continued

to

regularly visit Faye while Brad was away at work. During their marriage, Faye gave birth to a baby girl, Laica. When Faye was 25 years old, Brad discovered her continued liason with Roderick and in one of their heated arguments, Faye shot Brad to death. She lost no time in marrying her true love Roderick,

without

a

marriage

license,

claiming that they have been continuously cohabiting for more than 5 years. (A). Was the marriage of Roderick and Faye

psychologist

did

not

personally examine the respondent, and

valid? (2%) SUGGESTED ANSWER:

his report is based solely on the story of the petitioner who has an interest in the

No. The marriage of Roderick and Faye is

outcome of the petition, the marriage

not valid. Art. 4, FC provides that the

cannot be annulled on the ground of

absence of any of the essential or formal

respondent’s psychological incapacity if

requisites renders the marriage void ab initio.

However,

no

license

shall

be


Page 28 of 180


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necessary for the marriage of a man and

reqiured to submit the required certificate

a woman who have lived together as

of capacity to marry from the German

husband and wife for at least 5 years and

Embassy in Manila, Adolf stated in the

without any legal impediment to marry

application for marriage license that he was

each other. In Republic v. Dayot, G.R.

a Filipino citizen. With the marriage license

No. 175581, 28 March 2008, reiterating

stating that Adolf was a Filipino, the couple

the doctrine in Niñal v. Bayadog, G.R.

got married in a ceremony officiated by the

No. 133778, 14 March 2000, this five-

Parish Priest of Calamba, Laguna in a

year

beach in Nasugbu, Batangas, as the local

period

exclusivity

is

and

characterized continuity.

by

In

the

parish

priest

refused

to

solemnize

present case, the marriage of Roderick

marriages except in his church. Is the

and Faye cannot be considered as a

marriage valid? Explain fully. (5%)

marriage

of

exceptional

character,

because there were 2 legal impediments during their cohabitation: minority on the part of Faye, during the first two years of cohabitation; and, lack of legal capacity, since Faye married Brad at the age of 18. The absence of a marriage license made the marriage of Faye and Roderick void ab initio.

SUGGESTED ANSWER: No. The marriage is not valid. Art. 41 FC allows the present spouse to contract a subsequent

marriage

during

the

subsistence of his previous marriage provided that: (a) his prior spouse in the first marriage had been absent for four consecutive years; (b) that the spouse present has a well-founded belief that the absent spouse was already dead, and

Marriage; Subsequent Marriage (2008)

(C) present spouse instituted a summary No. I. Ana Rivera had a husband, a Filipino

proceeding for the declaration of the

citizen

the

presumptive death of absent spouse.

passengers on board a commercial jet plane

Otherwise, the second marriage shall be

which crashed in the Atlantic Ocean ten

null and void. In the instant case, the

(10) years earlier and had never been heard

husband

of ever since. Believing that her husband

passengers on board a commercial jet

had died, Ana married Adolf Cruz Staedtler,

plane which crashed in the Atlantic

a divorced German national born of a

Ocean.

German

father

mother

husband was not recovered to confirm

residing

in

being

his death. Thus, following Art. 41, Ana

like

her,

who

and

a

Stuttgart.

was

among

Filipino To

avoid

of

The

Ana

body

was

of

among

the

the

deceased


Page 29 of 180


should

have

first

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secured

a

judicial

[email protected]

while Jane is a child of Elena from a

declaration of his presumptive death

previous

before she married Adolf. The absence of

marriage is not one of the prohibited

the

marriages enumerated under Art. 38 of

said

judicial

declaration

incapacitated Ana from contracting her

relationship.

Thus,

their

the FC.

second marriage, making it void ab initio. Marriage; Void Marriages; By Reason of Marriage; Void Marriages; By Reason of

Public Policy (2007)

Public Policy (2008)

No. VII. Write "TRUE" if the statement is true or "FALSE" if the statement is false. If

No.V. Despite several relationships with

the statement is FALSE, state the reason.

different

(2% each).

unmarried.

women, His

Andrew

first

remained

relationship

with

Brenda produced a daughter, Amy, now 30

(5). Amor gave birth to Thelma when she

years old. His second, with Carla, produced

was 15 years old. Thereafter, Amor met

two sons: Jon and Ryan. His third, with

David and they got married when she was

Donna, bore him no children although

20 years old. David had a son, Julian, with

Elena has a daughter Jane, from a previous

his ex-girlfriend Sandra. Julian and Thelma

relationship. His last, with Fe, produced no

can get married.

biological

children

but

they

informally

adopted without court proceedings, Sandy's now 13 years old, whom they consider as their own. Sandy was orphaned as a baby and was entrusted to them by the midwife who attended to Sandy's birth. All the children, including Amy, now live with andrew in his house. (D). Can Jon and Jane legally marry? (1%)

SUGGESTED ANSWER: TRUE.

Julian

and

Thelma

can

get

married. Marriage between stepbrothers and

stepsisters

are

not

among

the

marriages prohibited under the Family Code.

Marriage;

Void

Marriages;

Property

SUGGESTED ANSWER:

Relations (2009)

Yes. Jon and Jane can marry each other;

No. III. In December 2000, Michael and

Jon is an illegitimate child of Andrew

Anna, after obtaining a valid marriage


Page 30 of 180


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license, went to the Office of the Mayor of

impediment for them to validity marry

Urbano,

each other.

Bulacan, to get married. The

Mayor was not there, but the Mayor’s secretary asked Michael and Anna and their witnesses to fill up and sign the

Marriage;

required

Children (2009)

marriage

contract

forms.

The

Void

Marriages;

Status

of

secretary then told them to wait, and went out to look for the Mayor who was attending

No. III. In December 2000, Michael and

a wedding in a neighboring municipality.

Anna, after obtaining a valid marriage license, went to the Office of the Mayor of

When the secretary caught up with the

Urbano,

Mayor

she

Mayor was not there, but the Mayor’s

showed him the marriage contract forms

secretary asked Michael and Anna and

and told him that the couple and their

their witnesses to fill up and sign the

witnesses were waiting in his office. The

required

Mayor forthwith signed all the copies of the

secretary then told them to wait, and went

marriage

out to look for the Mayor who was attending

at

the

wedding

contract,

gave

reception,

them

to

the

secretary who returned to the Mayor’s

Bulacan, to get married. The

marriage

contract

forms.

The

a wedding in a neighboring municipality.

office. She then gave copies of the marriage contract to the parties, and told Michael

When the secretary caught up with the

and Anna that they were already married.

Mayor

Thereafter, the couple lived together as

showed him the marriage contract forms

husband and wife, and had three sons.

and told him that the couple and their

at

the

wedding

reception,

she

witnesses were waiting in his office. The (C). What property regime governs the

Mayor forthwith signed all the copies of the

properties acquired by the couple? Explain.

marriage

(2%)

secretary who returned to the Mayor’s

contract,

gave

them

to

the

office. She then gave copies of the marriage SUGGESTED ANSWER:

contract to the parties, and told Michael and Anna that they were already married.

The marriage being void, the property

Thereafter, the couple lived together as

relationship that governed their union is

husband and wife, and had three sons.

special co-ownership under Article 147 of the Family Code. This is on the

(A). Is the marriage of Michael and Anna

assumption

valid,

that

there

was

no

voidable,

or

void?

Explain

your

answer. (3%) “Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige

Page 31 of 180


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SUGGESTED ANSWER :

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(C). When Rona reaches seven (7) years old, she tells Rodolfo that she prefers to live

The marriage is void because the formal

with

requisite

financially than Nanette. If Rodolfo files an

of

marriage

ceremony

was

absent ( Art.3, F.C. 209, Family Code).

him,

because

he

is

better

off

action for the custody of Rona, alleging that he is Rona’s choice as custodial parent, will

ALTERNATIVE ANSWER: The

marriage

is

void

the court grant Rodolfo’s petition? Why or because

an

why not? (2%)

essential requisite was absent: consent of

the

parties

freely

given

in

the

SUGGESTED ANSWER:

presence of the solemnizing officer (Art

No, because Rodolfo has no parental

.2, FC).

authority over Rona. He who has the parental

authority

has

the

right

to

(B). What is the status of the three children

custody. Under the Family Code, the

of Michael and Anna? Explain your answer.

mother alone has parental authority over

(2%)

the illegitimate child. This is true even if illegitimate father recognized the child

SUGGESTED ANSWER:

and even though he is giving support for

The children are illegitimate, having

the child. To acquire custody over Rona,

been born outside a valid marriage.

Rodolfo should first deprive Nanette of parental authority if there is ground under the law, and in a proper court

Parental Authority; Illegitimate Minor

proceedings. In the same action, the

Child (2009)

court may award custody of Rona to

No.XIV. Rodolfo, married to Sharon, had an

Rodolfo if it is for her best interest.

illicit affair with his secretary, Nanette, a 19-year old girl, and begot a baby girl, Rona. Nanette sued Rodolfo for damages: actual, for hospital and other medical expenses

in

delivering

No.VI. Gigolo entered into an agreement

caesarean section; moral, claiming that

with Majorette for her to carry in her womb

Rodolfo

her,

his baby via in vitro fertilization. Gigolo

representing that he was single when, in

undertook to underwrite Majorette’s pre-

fact, he was not; and exemplary, to teach a

natal expenses as well as those attendant

to

child

(2010)

by

promised

the

Parental Authority; In Vitro Fertilization

marry

lesson to like-minded Lotharios. “Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige

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to her delivery. Gigolo would thereafter pay

in Parañaque. After four (4) years or in

Majorette P2 million and, in return, she

2001,

would give custody of the baby to him.

college degree as a fulltime student, she and

After Majorette gives birth and delivers the

G B

having

completed

contracted

her

marriage

4-year

without

a

license.

baby to Gigolo following her receipt of P2 million, she engages your services as her

The marriage of B and G was, two years

lawyer to regain custody of the baby.

later, declared null and void due to the absence of a marriage license.

(C) Who of the two can exercise parental authority over the child? Explain. (2.5%)

(B). Is Venus legitimate, illegitimate, or legitimated? Explain briefly. (3%)

SUGGESTED ANSWER: Majorette,

the

mother,

can

exercise

SUGGESTED ANSWER:

parental authority. Since the child was

Venus is illegitimate. She was conceived

born

is

and born outside a valid marriage. Thus,

illegitimate and the mother has the

she is considered illegitimate (Art 165,

exclusive parental authority and custody

Family

over the child.

legitimated by the subsequent marriage

out

of

wedlock,

the

child

ALTERNATIVE ANSWER:

Code).

While

Venus

was

of her parents, such legitimation was rendered

ineffective

when

the

said

Gigolo can exercise parental authority

marriage was later on declared null and

over the child. Majorette has no blood

void

relation to the child. She is just a

license.

“carrier” of the child.

due

to

absence

of

a

marriage

Under Article 178 of the Family Code, “legitimation subsequent

shall valid

take

place

marriage

by

a

between

Paternity & Filiation; Child Born Under a

parents. The annulment of a voidable

Void Marriage (2010)

marriage

shall

legitimation.”

not

The

affect

inclusion

the

of

the

No.X. In 1997, B and G started living

underscored

together without the benefit of marriage.

necessarily implies that the Article's

The relationship produced one offspring,

application

Venus. The couple acquired a residential lot

marriages.

portion is It

in

limited follows

the to

that

Article voidable

when

the


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subsequent marriage is null or void, the

action to impugn, B can pray for the

legitimation must also be null and void.

correction of the status of the said

In the present problem, the marriage

daughter in her record of birth.

between B and G was not voidable but void. Hence, Venus has remained an

(B). If B acquiesces to the use of his

illegitimate child.

surname by G’s daughter by another man, what is/are the consequence/s? Explain. (5%)

Paternity

&

Filiation;

Impugning

Legitimacy (2010)

SUGGESTED ANSWER: If B acquiesces and does not file the

two

action to impugn the legitimacy of the

serious

child within the prescriptive period for

spouses

doing so in Article 170 of the Family

continued to live under one roof. B begot a

Code, G's daughter by another man shall

son by another woman. G also begot a

be

daughter by another man.

legitimate daughter of B by G.

No.IV.

Spouses

offsprings.

B

Albeit

personality

and they

differences,

G

begot

had the

conclusively

presumed

as

the

(A). If G gives the surname of B to her daughter by another man, what can B do to protect their legitimate children's interests? Explain. (5%)

Paternity

&

Fertilization;

Filiation;

In

Surrogate

Vitro

Mother’s

Remedy to Regain Custody (2010)

SUGGESTED ANSWER:

No.VI. Gigolo entered into an agreement

B can impugn the status of G's daughter

with Majorette for her to carry in her womb

by

his baby via in vitro fertilization. Gigolo

another

daughter

on

man the

as

his

ground

legitimate that

for

undertook to underwrite Majorette’s pre-

biological reason he could not have been

natal expenses as well as those attendant

the father of the child, a fact that may

to her delivery. Gigolo would thereafter pay

be proven by the DNA test. Having been

Majorette P2 million and, in return, she

born during the marriage between B and

would give custody of the baby to him.

G, G's daughter by another man is presumed as the child of B under Article

After Majorette gives birth and delivers the

164 of the Family Code. In the same

baby to Gigolo following her receipt of P2


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million, she engages your services as her

No, he cannot. Both he and Majorette are

lawyer to regain custody of the baby.

guilty of violating the provision of the Anti-Child Abuse Law (RA7610) on child

(A) What legal action can you file on behalf

trafficking. Being in pari delicto, the

of Majorette? Explain. (2.5%)

partners shall be left where they are and Gigolo cannot demand the return of

SUGGESTED ANSWER:

what he paid.

As her lawyer, I can file a petition for habeas corpus on behalf Majorette to

ALTERNATIVE ANSWER:

recover custody of her child. Since she is

Yes. The agreement between Gigolo and

the mother of the child that was born

Majorette is a valid agreement.

out

of

wedlock,

she

has

exclusive

parental authority and custody over the

(D) Is the child entitled to support and

child. Gigolo, therefore, has no right to

inheritance from Gigolo? Explain. (2.5%)

have custody of the child and his refusal to give up custody will constitute illegal

SUGGESTED ANSWER:

detention for which habeas corpus is the

If Gigolo voluntarily recognized the child

proper remedy.

as his illegitimate child in accordance

ALTERNATIVE ANSWER:

with Article 175 in relation to Article 172 of the Family Code, the child is

The action to regain custody will not

entitled to support and inheritance from

prosper. In the first place Majorette

Gigolo.

cannot regain custody of the baby. As surrogate mother she merely carries the

ALTERNATIVE ANSWER:

child in her womb for its development.

Yes, because Gigolo is the natural and

The child is the child of the natural

biological parent of the baby.

parents- Gigolo and his partner. The agreement between Gigolo and Majorette is a valid agreement. Paternity

&

Filiation;

Legitimacy;

(B) Can Gigolo demand from Majorette the

Presumption (2008)

return of the P2 million if he returns the

No. III. Roderick and Faye were high school

baby? Explain. (2.5%)

sweethearts. When Roderick was 18 and Faye, 16 years old, they started to live

SUGGESTED ANSWER:

together as husband and wife without the


Page 35 of 180


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benefit of marriage. When Faye reached 18

March 2002, the Supreme Court ruled

years of age, her parents forcibly took her

that impugning the legitimacy of the

back and arranged for her marriage to

child is a strictly personal right of

Brad. Although Faye lived with Brad after

husband, except: (a) when the husband

the

to

died before the expiration of the period

regularly visit Faye while Brad was away at

fixed for bringing the action; (b) if he

work. During their marriage, Faye gave

should

birth to a baby girl, Laica. When Faye was

complaint,

25 years old, Brad discovered her continued

therefrom, or (c) if the child was born

liason with Roderick and in one of their

after the death of the husband. Laica's

heated arguments, Faye shot Brad to death.

case does not fall under any of the

She lost no time in marrying her true love

exceptions.

marriage,

Roderick,

Roderick

without

a

continued

marriage

die

after

the

without

filing

having

of

the

desisted

license,

claiming that they have been continuosly

(D).

cohabiting for more than 5 years.

marriage of her biological parents? (1%)

(B). What is the filiation status of Laica?

SUGGESTED ANSWER:

(2%)

Can

Laica

be

legitimated

by

the

No. Laica cannot be legitimated by the marriage

SUGGESTED ANSWER:

of

her

biological

parents

because only children conceived and Laica

is

legitimate

children

born outside of wedlock of parents who

conceived or born during the marriage of

at the time of the conception of the

the

former were not disqualified by any

parents

are

because presumed

to

be

legitimate (Art. 164, FC).

impediment to marry each other may be legitimated (Art. 177, FC).

(C).Can Laica bring an action to impugn her own status on the ground that based on DNA results, Roderick is her biological father? (2%)

Paternity & Filiation; Legitimation of a Child from a Previous Valid Marriage

SUGGESTED ANSWER:

(2008)

No. Laica cannot bring an action to impugn her own status. In Liyao Jr. v. Tanhoti-Liyao,

G.R.

No.

138961,

07

No. IV. Gianna was born to Andy and Aimee, who at the time Gianna's birth were not married to each other. While Andy was single at the time, Aimee was still in the


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process of securing a judicial declaration of

statement is false. Explain your answer in

nullity on her marriage to her ex-husband.

not more than two (2) sentences.

Gianna's birth certificate, which was signed by both Andy and Aimee, registered the status

of

Gianna

as

"legitimate",

her

surname carrying that of Andy's and that her parents were married to each other.

(E). A dead child can be legitimated. (1%) SUGGESTED ANSWER: TRUE To be legitimated, the law does

(C). Assuming that Aimee is successful in declaring her former marriage void, and Andy and Aimee subsequently married each other, would Gianna be legitimated? (1%)

not require a child to be alive at the same time of the marriage of his / her parents ( Article 177, FC ). Furthermore, Art. 181 of the Family Code which states that “[Th]e llegitimation of children who died before the celebration of marriage

SUGGESTED ANSWER:

will benefit their descendants,” does not Gianna cannot be legitimated by the

preclude

instances

where

such

subsequent marriage of Andy and Aimee.

legitimation will benefit no one but the

Art. 177 of the FC provides that "only

child's ascendants ,or other relatives .

children conceived and born outside of wedlock of parents who, at the time of the conception of the former, were not

Paternity

disqualified by any impediment to marry

Ascendants & Descendants; Collateral

each other may be legitimated." In the

Blood Relatives (2008)

present case, a legal impediment was existing at the time of the conception of Gianna. Her mother, Aimee, was still alive in the process of securing judicial declaration of nullity on her marriage to her ex-husband.

&

Filiation;

Support:

No.V. Despite several relationships with different unmarried.

women, His

Andrew

first

remained

relationship

with

Brenda produced a daughter, Amy, now 30 years old. His second, with Carla, produced two sons: Jon and Ryan. His third, with Donna, bore him no children although

Paternity & Filiation; Legitimation of a

Elena has a daughter Jane, from a previous

Dead Child (2009)

relationship. His last, with Fe, produced no biological

children

but

they

informally

No. I. TRUE or FALSE. Answer TRUE if the

adopted without court proceedings, Sandy's

statement

now 13 years old, whom they consider as

is

true,

or

FALSE

if

the


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their own. Sandy was orphaned as a baby

Paternity & Filiation; Use of Surname;

and was entrusted to them by the midwife

Illegitimate Child (2009)

who attended to Sandy's birth. All the children, including Amy, now live with


andrew in his house.

illicit affair with his secretary, Nanette, a 19-year old girl, and begot a baby girl,

(B). In his old age, can Andrew be legally

Rona. Nanette sued Rodolfo for damages:

entitled to claim support from Amy, Jon,

actual, for hospital and other medical

Ryan, Vina, Wilma, and Sandy assuming

expenses

that all of them have the means to support

caesarean section; moral, claiming that

him? (1%)

Rodolfo

in

delivering

promised

to

the

child

marry

by her,

representing that he was single when, in SUGGESTED ANSWER: Andrew, in his old age, cannot be legally

fact, he was not; and exemplary, to teach a lesson to like-minded Lotharios.

entitled to claim support because Art.

(B). Suppose Rodolfo later on acknowledges

195, par 2 of the FC limits the giving of

Rona and gives her regular support, can he

support to "legitimate ascendants and

compel her to use his surname? Why or

descendants."

why not? (2%)

(C). Can Amy, Jon, Ryan, Vina, Wilma, and

SUGGESTED ANSWER:

Sandy legally claim support from each

No. he has no right to compel Rona to

other? (2%)

use his surname. The law does not give

SUGGESTED ANSWER: Amy, Jon, Ryan, Vina, Wilma and Sandy cannot legally claim support from each other because Art. 195, par 5 limits the giving of support to "legitimate brothers and sisters, whether full or half blood."

him the right simply because he gave her support (RA 9255). Under the Family Code, an illegitimate child was required to use only the surname of the mother. Under RA 9255, otherwise known as the Revilla law, however, the illegitimate child is given the option to use the surname of the illegitimate father when the latter has recognized the former in accordance with law. Since the choice belongs to the illegitimate

child,

Rodolfo

cannot


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compel Rona, if already of age, to use

They are not related at all to Edilberto.

the surname against her will. If Rona is

They were born during the marriage of

still a minor, to use the surname of

Conrado

Rodolfo

of

considered legitimate children of the

Rona's mother who has sole parental

said spouses. This status is conferred on

authority over her.

them at birth by law.

will

require

the

consent

and

Clarita,

hence,

are

Under Philippine law, a person cannot Paternity & Filiation; Who May Impugn

have more than one natural filiation.

Legitimacy (2009)

The legitimate filiation of a person can be changed only if the legitimate father

No.V.

Four

children,

namely:

Alberto,

will successfully impugn such status.

Baldomero, Caridad, and Dioscoro, were born to the spouses Conrado and Clarita de

In the problem, therefore, the filiation of

la Costa. The children’s birth certificates

Alberto and Baldomero as legitimate

were duly signed by Conrado, showing

children of Condrado cannot be changed

them to be the couple’s legitimate children.

by their recognition by Edilberto as his

Later, one Edilberto de la Cruz executed a notarial document acknowledging Alberto and Baldomero as his illegitimate children >with

Clarita.

Edilberto

died

leaving

substantial properties. In the settlement of his

estate,

Alberto

intervened

claiming

deceased’s

illegitimate

and shares

Baldomero as

the

children.

The

legitimate family of Edilberto opposed the claim.

illegitimate children. Before they can be conferred illegitimate first

the

status

children,

impugn

their

of

Edilberto’s

Condrado

must

legitimacy.

Since

Condrado has not initiated any action to impugn their legitimacy, they continue to be the legitimate of Condrado. They cannot be the illegitimate children of Edilberto at the same time. Not being the illegitimate children of Edilberto, they have no right to inherit from him.

Are Alberto and Baldomero entitled to share in the estate of Edilberto? Explain. (4%)

Property

Alberto

and

Baldomero

Adulterous

Relationship (2009)

SUGGESTED ANSWER: No,

Relations;

are

not

entitled to share in Edilberto’s estate.

No. XI. TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the


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SUGGESTED ANSWER: It depends. If the value of the building is

(B). If there is no marriage settlement, the

more than the value of the land, the

salary of a "spouse" in an adulterous

building

marriage

becomes conjugal property under Art.

belongs

to

the

conjugal

is

conjugal

and

the

land

120 of the Family Code. This is a case of

partnership of gains. (1%)

reverse accession, where the building is SUGGESTED ANSWER:

considered as the principal and the land,

False. In adulterous relationship, the

the accessory. If, on the other hand, the

salary of a married partner belongs to

value of the land is more than the value

the absolute community, or conjugal

of the building, then the ordinary rule of

partnership, of such married partner

accession applies where the land is the

with his or her lawful spouse. Under

principal

and

Articles 148 of the Family Code, the

accessory.

In

property

remains paraphernal property and the

partner

relations and

governed

between

his/her

by

married

paramour

ordinary

is

co-ownership

where the partners become co-owners only

when

they

acquisition paramour

of is

contributed the

deemed

to

property. to

have

the The not

contributed in the earning of the salary of the married partner.

the such

building, case,

the

the land

building becomes paraphernal propery. Note: The rule on reverse accession is applicable only to the regime of conjugal partnership of gains in both the Family Code and the New Civil Code. The foregoing answer assumes that CPG is the regime of the property relations of the spouses.

Property Relations; Ante-Nuptial Debt Property Relations; Accession (2012) No.III.(a) Maria, wife of Pedro, withdrew P 5 Million from their conjugal funds. With this money, she constructed a building on a lot which she inherited from her father. Is the

(2007) No. VII. Write "TRUE" if the statement is true or "FALSE" if the statement is false. If the statement is FALSE, state the reason. (2% each).

building conjugal or paraphernal? Reasons. (5%)

(3). An individual, While single, purchases a house and lot in 1990 and borrows money


Page 40 of 180


in

1992

to

repair

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it.

In

1995,

such

individual gets married while the debt is

Property

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Relations;

Unions

Without

Marriage (2012)

still being paid. After the marriage, the debt is still the responsibility of such individual.

No.V. a) Spouses Primo and Monina Lim, childless, were entrusted with the custody

SUGGESTED ANSWER:

of two (2) minor children, the parents of whom were unknown. Eager of having

FALSE.

The

absolute

Community

of

children of their own, the spouses made it

property is liable for the ante-nuptial

appear

debts of either spouse in so far as the

parents by naming them Michelle P. Lim

same redounded to the benefit of the

and

family (Art. 94 par.7, FC).

Monina married Angel Olario after Primo’s

The

responsibility

debt

is

of

the

already

the

community

property, because the property already constitutes

absolute

Michael

they

were

Jude

the

Lim.

children’s

Subsequently,

death.

ALTERNATIVE ANSWER: FALSE.

that

community

property under Art. 91 of FC which took effect in 1988 while the house and lot here involved was purchased in 1990.

She decided to adopt the children by availing the amnesty given under R.A. 8552 to those individuals who simulated the birth of a child. She filed separate petitions for the adoption of Michelle, then 25 years old and Michael, 18. Both Michelle and Michael gave consent to the adoption.

There is no indication that the spouse

The trial court dismissed the petition and

who bought the property had legitimate

ruled that Monina should have filed the

descendants by a former marriage, which

petition jointly with her new husband.

would exclude the house and lot from

Monina, in a Motion for Reconsideration

the community property, Art. 92 par 3,

argues that mere consent of her husband

FC). If the spouses established a conjugal

would suffice and that joint adoption is not

partnership, the property belongs to the

needed,

individual spouse if full ownership was

emancipated.

for

the

adoptees

are

already

vested before marriage (Art. 118, FC). Is the trial court correct in dismissing the petitions for adoption? Explain. (5%) SUGGESTED ANSWER:


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Yes, the trial court was correct. At the

Borromeo discovered that titles to the three

time the petitions for adoptions were

(3) lots have been transfereed in the name

filed, petitioner had already remarried.

of Descallar. Who is the rightful owner of

Under the law, husband and wife shall

the properties? Explain. (5%)

adopt

jointly,

except

in

the

cases

enumerated in the law. The adoption cases of Michelle and James do not fall in any of the exceptions provided in the law where a spouse is permitted to adopt alone.

Hence,

Monina

should

adopt

jointly with her husband Angel (Adoption of Michelle P. Lim, G.R. Nos. 168992-93, May 21, 2009).

SUGGESTED ANSWER: It depends. On the assumption that the Family Code is the applicable law, the ownership of the properties depends on whether or not, Jambrich and Descallar are capacitated to marry each other during their cohabitation, and whether or not both have contributed funds for the acquisition of the properties.

Property

Relations;

Unions

Without

Marriage (2012)

If both of them are capacitated to marry each other, Art 147- co-ownership will apply to their property relations and the

No.V. b) Jambrich, an Austrian, fell in-love

properties in question are owned by

and lived together with Descallar

and

them in equal shares even though all the

bought their houses and lots at Agro-Macro

funds used in acquiring the properties

Subdivision.

came only from the salaries or wages, or

In

the

Contracts

to

Sell,

Jambrich and Descallar were referred to as

the

the buyers. When the Deed of Absolute Sale

business or profession. In such case,

was presented for registration before the

while Jambrich is disqualified to own

Register of Deeds, it was refused because

any

Jambrich was an alien and could not

subsequent transfer of all his interest

acquire

public

therein to Borromeo, a Filipino, was

Descallar

valid as it removed the disqualification.

separated, Jambrich purchased an engine

In such case, the properties are owned

and some accessories for his boat from

by Borromeo and Descallar in equal

Borromeo. To pay for his debt, he sold his

shares.

domain.

alienable After

lands

Jambrich

of

the

and

rights and interests in the Agro-Macro properties to Borromeo.

income

part

of

of

Jambrich

the

from

properties,

his

his

If, on the other hand, Jambrich and Descallar were not capacitated to marry


Page 42 of 180


each

other

Art.

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148-co-ownership

governs their property relations. Under

marriage,

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the

couple

possessed

the

following properties:

this regime, Jambrich and Descallar are 

co-owners of the properties but only if both

of

them

contributed

in

a house and lot acquired by B on August 3, 1988, one third (1/3) of

their

acquisition. If all the funds used in

the

acquiring

downpayment) of which he paid; one

the

properties

in

question

purchase

price

came from Jambrich, the entire property

third (1/3)

is his even though he is disqualified from

February 14, 1990 out of a cash gift

owning it. His subsequent transfer to

given to her by her parents on her

Borromeo,

it

graduation on April 6, 1989; and the

removed the disqualification. In such

balance was paid out of the spouses’

case, all the properties are owned by

joint income; and

Borromeo. Descallar

however,

If,

on

is

the

valid

as

other

hand

to

their

contributed



was

(representing

paid

by

G

on

an apartment unit donated to B by an uncle on June 19, 1987.

acquisition, the properties are co-owned by Descallar and Borromeo in proportion to the respective contributions of the Descallar and Jambrich.

(A) Who owns the foregoing properties? Explain. (5%) SUGGESTED ANSWER:

Note: The facts of the problem are not exactly the same as in the case of Borromeo v. Descallar, G.R. NO. 159310, Feb 24, 2009, hence, the difference in the resulting answer.

Since the marriage was declared void ab initio in 2001, no Absolute Community or

Conjugal

Partnership

established between property

relation

is

was

ever

B and G. Their governed

by

a

“special co-ownership” under Article 147 Property

Relations;

Void

Marriages

(2010) No.VII. G and B were married on July 3, 1989. On March 4, 2001, the marriage, which bore no offspring, was declared void ab initio under Article 36 of the Family Code. At the time of the dissolution of the

of the Family Code because they were capacitated to marry each other. Under

that

Article

147,

wages

and

salaries of the “former spouses” earned during their cohabitation shall be owned by them in equal shares while properties acquired thru their work for industry shall be owned by them in proportion to


Page 43 of 180


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their respective contributions. Care and

G. She is an undivided co-owner to the

maintenance of the family is recognized

extent

as

the

acquisition when she paid 1/3 of the

absence of proof as to the value of their

purchase price using the gift from her

respective

parents. Although the gift was acquired

a

valuable

contribution.

contributions,

In

they

shall

for

her

contribution

in

its

by G during her cohabitation with B, it is

share equally. If ownership of the house and lot was acquired by B on August 3, 1988 at the time he bought it on installment before he got married, he shall remain owner of the house and lot but he must reimburse G for all the amounts she advanced to pay the purchase price and for one-half share in the last payment from their joint income. In such case, the house and lot were not acquired during their cohabitation, hence, are not co-owned by B and G.

her exclusive property. It did not consist of wage or salary or fruit of her work or industry. (3) 1/3 of the house is co-owned by B and G because the payment came from their co-owned funds, i.e., their joint income during their cohabitation which is shared by them equally in the absence of any proof to the contrary. After

summing

up

their

prospective

shares, B and G are undivided co-owners

But if the ownership of the house and lot was acquired during the cohabitation, the house and lot will be owned as follows:

of the house and lot in equal shares. As

to

the

apartment,

it

is

owned

exclusive by B because he acquired it before their cohabitation. Even if he

(1) 1/3 of the house and lot is owned by

acquired it during their cohabitation, it

B. He is an undivided co-owner to that

will

extent

its

because it did not come from his wage or

acquisition in the form of the down

salary, or from his work or industry. It

payment he made before the celebration

was

of the marriage. The money he used to

uncle.

for

his

contributions

in

still

be

acquired

his

exclusive

gratuitously

property

from

his

pay the down payment was not earned during the cohabitation, hence, it is his exclusive property.

(B) If G and B had married on July 3, 1987 and their marriage was dissolved in 2007, who owns the properties? Explain. (5%)

(2) 1/3 of the house and lot is owned by

SUGGESTED ANSWER:


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The answer is the same as in letter A.

in Parañaque. After four (4) years or in

Since the parties to the marriage which

2001,

was later declared void ab initio were

college degree as a fulltime student, she

capacitated to marry each other, the

and

applicable law under the New Civil Code

license.

was

Article

144.This

Article

G B

having contracted

completed

her

marriage

4-year

without

a

is

substantially the same as Article 147 of

The marriage of B and G was, two years

the Family Code.

later, declared null and void due to the absence of a marriage license.

Hence, the determination of ownership will remain the same as in question A.

(A). If you were the judge who declared the

And

nullity of the marriage, to whom would you

even

assuming

that

the

two

provisions are not the same, Article 147

award the lot? Explain briefly. (3%)

of the Family Code is still the law that will govern the property relations of B and G because under Article 256, the Family

Code

has

retroactive

effect

insofar as it does not prejudice or impair vested or acquired rights under the new Civil Code or other laws. Applying Article 147 retroactively to the case of G and B will not impair any vested right. Until the declaration of nullity of the marriage under the Family Code, B and G have not as yet acquired any vested right over the properties

acquired

during

their

cohabitation.

SUGGESTED ANSWER: Since the marriage was null and void, no Absolute

Community

or

Conjugal

Partnership was established between B and G. Their properties are governed by the “special co-ownership” provision of Article 147 of the Family Code because both B and G were capacitated to marry each other. The said Article provides that when a man and a woman who are capacitated to marry each other,

live

exclusively with each other as husband and wife without the benefit of marriage, or under a void marriage: (1) their wages

Property

Relations;

Void

Marriages

(2010) No.X. In 1997, B and G started living together without the benefit of marriage. The relationship produced one offspring, Venus. The couple acquired a residential lot

and salaries shall be owned by them in equal shares; and (2) property acquired by both of them through their work or industry shall be governed by the rules on co-ownership. In co-ownership, the parties are co-owners if they contributed something of value in the acquisition of


Page 45 of 180


the

property.

proportion

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Their

to

contributions.

share

their

In

an

is

family

is

not

Succession

in

respective

ordinary

co-

ownership the care and maintenance of the

[email protected]

recognized

as

Disposition; Mortis Causa vs. Intervivos; Corpse (2009)

a

valuable contribution for the acquisition

No. XI. TRUE or FALSE. Answer TRUE if

of a property. In the Article 147 “special

the statement is true, or FALSE if the

co-ownership”


however,

care

and

maintenance is recognized as a valuable contribution contributor

which to

half

will of

entitle the

the

property

(E). A person can dispose of his corpse through an act intervivos. (1%)

acquired. Having


been

cohabitation,

acquired the

during

residential

their lot

is

SUGGESTED ANSWER: False.

A persons cannot dispose of his

presumed acquired through their joint

corpse through an act inter vivos, i.e.,

work and industr

under Article 147,

an act to take effect during his lifetime.

hence, B and G are co-owners of the said

Before his death there is no corpse to

property in equal shares.

dispose. But he is allowed to do so

Article 147 also provides that when a party to the void marriage was in bad

through an act mortis causa, i.e., an act to take effect upon his death.

faith, he forfeits his share in the coownership

in

favor

of

the

common

children or descendants, the default of

Heirs;

children or descendants, the forfeited

(2008)

Fideicommissary

Substitution

share shall belong to the innocent party. In the foregoing problem, there is no

No. XIII. Raymond, single, named his sister

showing that one party was in bad faith.

Ruffa in his will as a devisee of a parcel of

Hence, both shall be presumed in good

land which he owned. The will imposed

faith and no forfeiture shall take place.

upon Ruffa the obligation of preseving the land and transferring it, upon her death, to her illegitimate daughter Scarlet who was then only one year old. Raymond later died, leaving behind his widowed mother, Ruffa and Scarlet.


Page 46 of 180


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(A). Is the condition imposed upon Ruffa, to

Ruffa (Art. 992, Civil Code). Moreover,

preserve the property and to transmit it

Scarlet is not a compulsory heir of

upon her death to Scarlet, valid? (1%)

Raymond, hence she can inherit only by testamentary

SUGGESTED ANSWER:

succession.

Since

Raymond executed a will in the case at

Yes, the condition imposed upon Ruffa

bar, Scarlet may inherit from Raymond.

to preserve the property and to transmit it upon her death to Scarlet is valid because

it

is

tantamount

to

fideicommissary substitution under Art.

Heirs; Intestate Succession; Legitime; Computation (2010)

863 of the Civil Code. No.XI. The spouses Peter and Paula had (B).

If

Scarlet

predeceases

Ruffa,

who

inherits the property? (2%)

three (3) children. Paula later obtained a judgment of nullity of marriage. Their absolute community of property having

SUGGESTED ANSWER: Ruffa

will

inherit

been dissolved, they delivered P1 million to the

property

as

Scarlet's heir. Scarlet acquires a right to the

succession

3

children

as

their

presumptive legitimes.

she

children by his second wife Marie. Peter

should predecease Ruffa (Art. 866, Civil

and Marie, having successfully engaged in

Code).

business, acquired real properties. Peter

even

time

their

Peter later re-married and had two (2)

death,

the

of

of

Raymond's

from

each

though

(C). If Ruffa predeceases Raymond, can

later died intestate.

Scarlet inherit the property directly from

(A). Who are Peter’s legal heirs and how will

Raymond? (2%)

his estate be divided among them? (5%)

SUGGESTED ANSWER:

SUGGESTED ANSWER:

If

Ruffa

Raymond's

predeceases widowed

mother

Raymond, will

be

entitled to the inheritance. Scarlet, an illegitimate child, cannot inherit the property by intestate succession from Raymond who is a legitimate relative of

The legal heirs of Peter are his children by the first and second marriages and his surviving second wife. Their shares in the estate of Peter will depend, however, on the cause of the


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nullity of the first marriage. If the

(B)

nullity

psychological capacity:

of

the

first

marriage

was

If

the

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psychological incapacity of one or both

2

spouses, the three children of that void

children

ground

in equal shares. If the judgment of nullity was for other causes, the three

each

Surviving

shall

children

such

that

an

not

of

second

¼ of the estate

second spouse 3

distributed

is

marriage

children are illegitimate and the estate be

nullity

legitimate ¼ of the estate for

marriage are legitimate and all of the legal heirs shall share the estate of Peter

of

illegitimate 1/12

of

estate

for

each of first marriage

illegitimate child of the first marriage shall receive half of the share of a legitimate child of the second marriage, and the second wife will inherit a share equal to that of a legitimate child. In no case may the two legitimate children of the second marriage receive a share less than one-half of the estate which is their legitime.

When

the

estate

is

not

sufficient to pay all the legitimes of the compulsory heirs, the legitime of the

Note: The legitime of an illegitimate child is supposed to be ½ the legitime of a legitimate child or 1/8 of the estate. But the estate will not be sufficient to pay

the

said

legitime

of

the

3

illegitimate children, because only ¼ of the

estate

is

left

after

paying

the

legitime of the surviving spouse which is preferred.

spouse is preferred and the illegitimate

Hence, the remaining ¼ of the estate

children suffer the reduction.

shall be divided among the 3 illegitimate children.

Computation: (A)

If

the

ground

of

nullity

is

psychological incapacity: 3

children

marriage

by

first 1/6 of the estate for each

2 children by second 1/6 of the estate marriage

for each

Surviving

second 1/6 of the estate

spouse

(B). What is the effect of the receipt by Peter’s 3 children by his first marriage of their presumptive legitimes on their right to inherit following Peter’s death? (5%) SUGGESTED ANSWER: In the distribution of Peter’s estate, ½ of the

presumptive

received

by

the

3

children of the first marriage shall be collated to Peter’s estate and shall be


Page 48 of 180


imputed

Art 992 of the NCC, an illegitimate child

respective inheritance from Peter. Only

has no right to inherit ab intestato from

half

the legitimate children and relatives of

the

an

advance

presumptive

of

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their

of

as

[email protected]

legitime

is

collated to the estate of Peter because

his

father

or

the other half shall be collated to the

disqualified

estate of his first wife.

because Arnel is an illegitimate child of

to

mother. inherit

Arnel from

is

Ricky

Franco and Ricky is a legitimate relative of Franco. Heirs; Representation; Iron-Curtain Rule (2012) Heirs; Reserva Troncal (2009) No.VIII.a) Ricky and Arlene are married. They begot Franco during their marriage.

No. I. TRUE or FALSE. Answer TRUE if the

Franco had an illicit relationship with

statement

Audrey and out of which, they begot Arnel.


Frnaco


predeceased

Ricky,

Arlene

and

is

true,

or

FALSE

if

the

Arnel. Before Ricky died, he executed a will which when submitted to probate was

(B).In reservatroncal, all reservatarios (reser

opposed by Arnel on the ground that he

vees) inherit as a class and in equal shares

should be given the share of his father,

regardless of their proximity in degree to

Franco. Is the opposition of Arnel correct?

the prepositus. (1%)

Why? (5%)

SUGGESTED ANSWER: FALSE. Not all the relatives within the

SUGGESTED ANSWER:

third degree will inherit as reservatario , No, his opposition is not correct. Arnel

and not all those who are entitled to

cannot

inherit will inherit in the equal shares .

inherit

from

Ricky

in

the

representation of his father Franco. In

The

representation, the representative must

succession will determine who among

not only be a legal heir of the person he

the relatives will inherit as reservatarios

is representing, he must also be a legal

and what shares they will tak, i.e., the

heir of the decedent he seeks to inherit

direct line excludes the collateral, the

from.

descending

While Arnel is a legal heir of Franco, he is not a legal heir of Ricky because under

applicable

direct

laws

line

of

intestate

excludes

the

ascending ,the nearer excludes the more remote, the nephews and nieces exclude


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the uncles and the aunts, and half blood

(1). The wife of Ramon will, therefore,

relatives

receive one half (½) of the estate or the

inherit

half

the

share

of

full-blooded relatives.

amount of P5,000,000.00. (2). The three (3) full-blood brothers, will, therefore, receive P1,000,000.00 each. (3).

Intestate Succession (2008)

leaving a net estate of P10,000,000.00. Determine how much each heir will receive from the estate:

full-blood brothers, two half-brothers, and one nephew (the son of a deceased fullblood brother)? Explain. (3%)

by

receive

right

of

representation. (4). The two (2) half-brothers will receive P500,000.00 each.

Ramon shall be inherited by his wife and his full and half blood siblings or their respective representatives. In intestacy, if the wife concurs with no one but the siblings of the husband, all of them are of

the

deceased

husband. The wife will receive half of the intestate estate, while the siblings or respective

of a

deceased full-blood brother)? Explain. (3%) SUGGESTED ANSWER: estate or P5,000,000.00. The other half

Having died intestate, the estate of

heirs

sister, and three nephews (sons

The wife will receive one half (1/2) of the

SUGGESTED ANSWER:

their

will

(B). If Ramon is survived by his wife, a half-

(A). If Ramon is survived by his wife, three

intestate

nephew

P1,000,000.00

No. VII. Ramon Mayaman died intestate,

the

The

representatives,

will

inherit the other half to be divided among them equally. If some siblings are of the full-blood and the other of the half blood, a half blood sibling will receive half the share of a full-blood sibling.

shall be inherited by (1) the full-blood brother,

represented

by

his

three

children, and (2) the half-sister. They will divide the other half between them such that the share of the half-sister is just half the share of the full-blood brother.

The share

of

the full-blood

brother shall in turn be inherited by the three nephews in equal shares by right of presentation. Therefore, the three (3) nephews will receive P1,111,111.10 each the halfsister

will

receive

the

sum

of

P1,666,666.60.


Page 50 of 180


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Intestate Succession (2008)

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(D). How should the house and lot, and the cash be distributed? (1%)

No.X.

Arthur

executed

a

will

which

contained only: (i) a provision disinheriting

SUGGESTED ANSWER:

his daughter Bernica for running off with a married man, and (ii) a provision disposing

Since the probate of the will cannot be

of his share in the family house and lot in

allowed,

favor of his other children Connie and Dora.

succession apply. Under Art. 996 of the

He did not make any provisions in favor of

Civil Code, if a widow or widower and

his wife Erica, because as the will stated,

legitimate children or descendants are

she would anyway get ½ of the house and

left, the surviving spouse has the same

lot as her conjugal share. The will was very

share as of the children. Thus, ownership

brief and straightforward and both the

over the house and lot will be created

above provisions were contained in page 1,

among

which Arthur and his instrumental witness,

Bernice, Connie and Dora. Similarly, the

signed at the bottom. Page 2 contained the

amount of P 1 million will be equally

attestation clause and the signatures, at

divided among them.

the

wife

rules

Erica

and

on

her

intestate

children

the bottom thereof, of the 3 instrumental witnesses which included Lambert, the driver of Arthur; Yoly, the family cook, and Attorney Zorba, the lawyer who prepared the will. There was a 3rd page, but this only contained the notarial acknowledgement.

Intestate

Succession;

Representation:

Rights

Illegitimate,

of

Adopted

Child; Iron Curtain Rule (2007)

The attestation clause stated the will was

No. X. For purpose of this question, assume

signed on the same occasion by Arthur and

all formalities and procedural requirements

his instrumental witnesses who all signed

have been complied with.

in the presence of each other, and the notary public who notarized the will. There

In 1970, Ramon and Dessa got married.

are no marginal signatures or pagination

Prior to their marriage, Ramon had a child,

appearing on any of the 3 pages. Upon his

Anna. In 1971 and 1972, Ramon and Dessa

death, it was discovered that apart from the

legally

house and lot, he had a P 1 million account

respectively. In 1973, Dessa died while

deposited with ABC bank.

giving birth to Larry Anna had a child, Lia.

adopted

Cherry

and

Michelle

Anna never married. Cherry, on the other hand, legally adopted Shelly. Larry had


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twins, Hans and Gretel, with his girlfriend,

also of the person from whom the person

Fiona. In 2005, Anna, Larry and Cherry

being

died in a car accident. In 2007, Ramon

inherit. While Shelly is a legal heir of

died. Who may inherit from Ramon and

Cherry, Shelly is not a legal heir of

who may not? Give your reason briefly.

Ramon.

Adoption

(10%)

personal

legal

represented

was

supposed

created

relation

a

only

to

purely between

Cherry and Shelly. SUGGESTED ANSWER: (2). Hans and Gretel are barred from The following may inherit from Ramon: (1). Michelle, as an adopted child of Ramon, will inherit as a legitimate child of Ramon. As an adopted child, Michelle

inheriting from Ramon under Art. 992, NCC. Being illegitimate children, they cannot inherit ab intestao from Ramon. ALTERNATIVE ANSWER:

has all the rights of a legitimate child (Sec 18, Domestic Adoption Law).

The problem expressly mentioned the dates of the adoption of Cherry and

(2). Lia will inherit in representation of

Michelle as 1971 and 1972. During that

Anna. Although Lia is an illegitimate

time, adoption was governed by the New

child, she is not barred by Articles 992,

Civil Code. Under the New Civil Code,

because

an

husband and wife were allowed to adopt

illegitimate herself. She will represent

separately or not jointly with the other

Anna as regards Anna's legitime under

spouse. And since the problem does not

Art. 902, NCC and as regards Anna's

specifically and categorically state, it is

intestate share under Art. 990, NCC.

possible to construe the use of the word

her

mother

Anna

is

The following may not inherit from Ramon:

cannot represent Cherry. This is because adoption creates a personal legal relation between

adopted.

The

the

adopter

law

on

and

the

representation

requires the representative to be a legal heir of the person he is representing and

in

the

problem

as

indicative of the situation that Cherry was

(1). Shelly, being an adopted child, she

only

"respectively" adopted

by

Ramon

alone

and

Michelle was adopted by Dessa alone. In such

case

of

separate

adoption

the

alternative answer to the problem will be as follows: Only Lia will inherit from Ramon in representation of Ramon's illegitimate daughter Anna. Although Lia is an illegitimate child, she is not barred from inheriting from Ramon because her


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mother is herself illegitimate. Shelly cannot

inherit

in

representation

of

Cherry because Shelly is just an adopted child of Cherry. In representation, the representative must not only be a legal heir of the person he is representing but also of the decedent from whom the represented

person

is

supposed

to

inherit. In the case of Shelly, while she is a legal heir of Cherry by virtue of

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SUGGESTED ANSWER: A testator may dispose of by will the free portion of his estate. Since the legitime of JCP is 1/8 of the estate, SGO is ¼ of the estate and that of HBR and RVC is ½ of the hereditary estate under Art 889 of the NCC, the remaining 1/8 of the estate is the free portion which the testator may dispose of by will.

adoption, she is not a legal heir of Ramon.

Adoption

creates

a

personal

legal relation only between the adopting

Legitime; Compulsory Heirs (2008)

parent and the adopted child (Teotico v. Del Val, 13 SCRA 406, 1965. Michelle

No.

cannot inherit from Ramon, because she

worker, was coming home to the Philippines

was adopted not by Ramon but by Dessa.

after working for so many years in the

In the eyes of the law, she is not related

Middle East. He had saved P100.000 in his

to Ramon at all. Hence, she is not a legal

saving account in Manila which intended to

heir of Ramon. Hans and Gretel are not

use to start a business in his home

entitled to inherit from Ramon, because

country. On his flight home, Ernesto had a

they are barred by Art. 992 NCC. Being

fatal heart attack. He left behind his

illegitimate

they

widowed mother, his common-law wife and

legitimate

their twins sons. He left no will, no debts,

relatives of their father Larry. Ramon is

no other relatives and no other properties

a legitimate relative of Larry who is the

except the money in his saving account.

legitimate father.

Who are the heirs entitled to inherint from

cannot

children

inherit

from

of

Larry,

the

him

XII.

Ernesto,

and

how

an

overseas

much

should

Filipino

each

receive?(3%) Legitimes; Compulsory Heirs (2012)

SUGGESTED ANSWER:

No.VIII.b) How can RJP distribute his estate

The mother and twin sons are entitled to

by will, if his heirs are JCP, his wife; HBR

inherit from Ernesto. Art. 991 of the

and RVC, his parents; and an illegitimate

Civil Code, provides that if legitimate

child, SGO? “Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige

Page 53 of 180


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ascendants are left, the twin sons shall

The attestation clause stated the will was

divide the inheritance with them taking

signed on the same occasion by Arthur and

one-half of the estate. Thus, the widowed

his instrumental witnesses who all signed

mother gets P50,000.00 while the twin

in the presence of each other, and the

sons shall receive P25,000.00 each. The

notary public who notarized the will. There

common-law wife cannot inherit from

are no marginal signatures or pagination

him because when the law speaks "widow

appearing on any of the 3 pages. Upon his

or widower" as a compulsory heir, the

death, it was discovered that apart from the

law refers to a legitimate spouse (Art.

house and lot, he had a P 1 million account

887, par 3, Civil Code).

deposited with ABC bank. (A). Was Erica preterited? (1%)

Preterition; Disinheritance (2008) No.X.

Arthur

executed

a

will

SUGGESTED ANSWER: which

Erica cannot be preterited. Art. 854 of

contained only: (i) a provision disinheriting

the

Civil

Code

provides

that

only

his daughter Bernica for running off with a

compulsory heirs in the direct line can

married man, and (ii) a provision disposing

be preterited.

of his share in the family house and lot in favor of his other children Connie and Dora.

(B). What other defects of the will, if any,

He did not make any provisions in favor of

can cause denial of probate? (2%)

his wife Erica, because as the will stated, she would anyway get ½ of the house and lot as her conjugal share. The will was very brief and straightforward and both the above provisions were contained in page 1, which Arthur and his instrumental witness, signed at the bottom. Page 2 contained the attestation clause and the signatures, at the bottom thereof, of the 3 instrumental witnesses which included Lambert, the driver of Arthur; Yoly, the family cook, and Attorney Zorba, the lawyer who prepared the will. There was a 3rd page, but this only contained the notarial acknowledgement.

SUGGESTED ANSWER: The other defects of the will that can cause its denial are as follows: (a) Atty. Zorba, the one who prepared the will was one of the three witnesses, violating the three-witnesses rule;

(b) no marginal

signature at the last page; (c ) the attestation did not state the number of pages upon which the will is written; and,

(d)

no

pagination

appearing

correlatively in letters on the upper part of the three pages (Azuela v. C.A., G.R.


Page 54 of 180


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No. 122880, 12 Apr 2006 and cited cases

(B). Between Marian and the baby, who is

therein, Art 805 and 806, Civil Code).

presumed to have died ahead? (1%)

(C). Was the disinheritance valid? (1%)

SUGGESTED ANSWER:

SUGGESTED ANSWER:

Marian is presumed to have died ahead of the baby. Art. 43 applies to persons

Yes, the disinheritance was valid. Art.

who are called to succeed each other.

919, par 7, Civil Code provides that

The proof of death must be established

"when a child or descendant leads a

by positive or circumstantial evidence

dishonorable

like

derived from facts. It can never be

running off with a married man, there is

established from mere inference. In the

sufficient cause for disinheritance."

present case, it is very clear that only

or

disgraceful

life,

Marian and Pietro were hacked with bolos. There was no showing that the Succession;

Proof

of

Death

between

persons called to succeed each other (2008) No. II. At age 18, Marian found out that she was pregnant. She insured her own life and named

her

unborn

child

as

her

sole

beneficiary. When she was already due to give birth, she and her boyfriend Pietro, the father

of

her

unboarn

child,

were

kidnapped in a resort in Bataan where they were vacationing. The military gave chase and after one week, they were found in an abandoned hut in Cavite. Marian and Pietro were hacked with bolos. Marian and the baby delivered were both found dead, with the baby's umbilical cord already cut. Pietro survived.

baby was also hacked to death. The baby's death could have been due to lack of nutrition. ALTERNATIVE ANSWER: The baby is presumed to have died ahead of Marian. Under Par. 5, rule 131, Sec. 5 (KK) of the Rules of Court, if one is under 15 or above 60 and the age of the other is in between 15 and 60, the latter is presumed to have survived. In the instant case, Marian was already 18 when

she

found

out

that

she

was

pregnant. She could be of the same age or maybe 19 years of age when she gave birth. (C). Will Pietro, as surviving biological father of the baby, be entitled to claim the


Page 55 of 180


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proceeds of the life insurance on the life of Marian? (2%)

Marilyn is not entitled to a share in the estate of Dr. Lopez.

SUGGESTED ANSWER:

succession,

Pietro, as the biological father of the baby, shall be entitled to claim the proceeds of life insurance of the Marian because he is a compulsory

heir of his

child.

Succession; Rule on Survivorship (2009)

Dr.

For purpose of

Lopez

and

his

son

Roberto are presumed to have died at the same time, there being no evidence to prove otherwise, and there shall be no transmission of rights from one to the other (Article 43, NCC). Hence, Roberto, inherited nothing from his father that Marilyn

would

Roberto

.The

in

turn

children

inherit of

from

Roberto,

however, will succeed their grandfather, Dr. Lopez ,in representation of their

No. II. Dr. Lopez, a 70-year old widower,

father Roberto and together Roberto will

and his son Roberto both died in a fire that

receive 1/3 of the estate of Dr. Lopez

gutted their home while they were sleeping

since their father Roberto was one of the

in their air-conditioned rooms. Roberto’s

three children of Dr. Lopez . Marilyn

wife, Marilyn, and their two children were

cannot represent her husband Roberto

spared because they were in the province at

because the right is not given by the law

the time. Dr. Lopez left an estate worth

to a surviving spouse.

P20M and a life insurance policy in the amount of P1M with his three children ---

As to the proceeds of the insurance on

one of whom is Roberto --- as beneficiaries.

the life of Dr. Lopez:

Marilyn is now claiming for herself and her

Since succession is

children her husband’s share in the estate

regards

left by Dr. Lopez, and her husband’s share

provisions of the Rules of Court (Rule

in the proceeds of Dr. Lopez’s life insurance

131, Sec. 3 , [jj] [5] ) on survivorship

policy. Rule on the validity of Marilyn’s

shall apply. Under the Rules, Dr. Lopez,

claims with reasons. (4%)

who was 70 years old, is presumed to

SUGGESTED ANSWER : As to the Estate of Dr. Lopez:

the

not involved as

insurance

contract,

the

have died ahead of Roberto who is presumably between the ages 15 and 60. Having survived the insured, Roberto's right as a beneficiary became vested


Page 56 of 180


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upon the death of Dr. Lopez. When

should be given effect must be denied.

Roberto died after Dr. Lopez, his right to

The said cancellation has revoked the

receive the insurance became part of his

entire will as nothing remains of the will

hereditary estate, which in turn was

after the name of Rosa was cancelled.

inherited in equal shares by his legal

Such cancellation is valid revocation of

heirs, namely, his spouse and children.

the

Therefore, Roberto's children and his

authentication by the full signature of

spouse

the testator to be effective.

are

one-third

entitled

share

in

to

Roberto's

the

insurance

proceeds.

will

and

does

not

require

However, if the cancellation of Rosa’s name was not done by the testator himself, such cancellation shall not be effective and the will in its original tenor

Wills; Holographic Wills; Insertions &

shall remain valid. The effectively of the

Cancellations (2012)

holographic will cannot be left to the mercy of unscrupulous third parties.

No.VII.a) Natividad’s holographic will, which had only one (1) substantial provision, as

The writing of Gregorio’s name as sole

first written, named Rosa as her sole heir.

heir was ineffective, even though written

However, when Gregorio presented it for

by the testator himself, because such is

probate, it already contained an alteration,

an

naming Gregorio, instead of Rosa, as sole

authentication by the full signature of

heir,

by

the testator to be valid and effective. Not

Natividad’s signature. Rosa opposes the

having an authenticated, the designation

probate

of Gregorio as an heir was ineffective,

but

without

alleging

authentication.

authentication

such She

lack

claims

of

proper

that

the

unaltered form of the will should be given

alteration

that

requires

(Kalaw v. Relova, G.R. No. L-40207, Sept 28, 1984).

effect. Whose claim should be granted? Explain. (5%) SUGGESTED ANSWER:

Wills; Holographic Wills; Probate (2009)

It depends. If the cancellation of Rosa’s

No.VI. On December 1, 2000, Dr. Juanito

name in the will was done by the

Fuentes

testator himself, Rosa’s claimed that the

wherein he gave nothing to his recognized

holographic will in its original tenor

illegitimate son, Jay. Dr. Fuentes left for the

executed

a

holographic

will,


Page 57 of 180


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United States, passed the New York medical

court shall apply the New Civil Code in

licensure examinations, resided therein,

determining the formal validity of the

and became a naturalized American citizen.

holographic will. The subsequent change

He died in New York in 2007. The laws of

in the citizenship of Dr. Fuentes did not

New York do not recognize holographic wills

affect the law governing the validity of

or compulsory heirs.

his will. Under the new Civil Code, which was the law used by Dr. Fuentes, the law

(A). Can the holographic will of Dr. Fuentes

enforced at the time of execution of the

be admitted to probate in the Philippines?

will shall govern the formal validity of

Why or why not? (3%)

the will (Art. 795, NCC).

SUGGESTED ANSWER:

(B). Assuming that the will is probated in

Yes, the holographic will of Dr. Fuentes

the Philippines, can Jay validly insist that

may be admitted to probate in the

he be given his legitime? Why or why not?

Philippines because there is no public

(3%)

policy violated by such probate. The only issue at probate is the due execution of

SUGGESTED ANSWER:

the

formal

No, Jay cannot insist because under New

validity of the will. As regards formal

York law he is not a compulsory heir

validity, the only issue the court will

entitled to a legitime.

will

which

includes

the

resolve at probate is whether or not the will was executed in accordance with the

The

form prescribed by the law observed by

determines who his heirs are, the order

the testator in the execution of his will.

that

For

the

successional rights are, and whether or

may

not a testamentary disposition in his will

observe the law of the place where the

is valid (Art 16, NCC). Since, Dr. Fuentes

will was executed (Art 17, NCC), or the

was a US citizen, the laws of the New

formalities of the law of the place where

York determines who his heirs are. And

he

since

purposes

Philippines,

resides,

of

an

or

probate

alien

in

testator

according

to

the

national they

the

law

succeed,

New

of

the

how

York

testator

much

law

does

their

not

formalities of the law of his own country,

recognize the concept of compulsory

or in accordance with the Philippine

heirs, Jay is not a compulsory heir of Dr.

Civil Code (Art. 816, NCC). Since Dr.

Fuentes entitled to a legitime.

Fuentes executed his will in accordance with the Philippine law, the Philippine


Page 58 of 180


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Wills; Joint Wills (2008)

SUGGESTED ANSWER:

No. XI. John and Paula, British citizens at

No. The testamentary dispositions are

birth, acquired Philippine citizenship by

not valid because (a) omission of Mary, a

naturalization after their marriage. During

legitimate

their

preterition

marriage

the

couple

acquired

child,

is

which

tantamount

shall

annul

to the

substanial landholdings in London and in

institution of Peter and Paul as heirs

Makati. Paula bore John three children,

(Art.

Peter, Paul and Mary. In one of their trips

disposition that Peter and Paul could not

to London, the couple executed a joint will

dispose of nor divide the London estate

appointing each other as their heirs and

for more than 20 years is void (Art. 870,

providing that upon the death of the

Civil Code).

854,

Civil

Code);

and,

(b)

the

survivor between them the entire estate would go to Peter and Paul only but the two could not dispose of nor divide the London estate as long as they live. John and Paul died

tragically

in

the

London

Subway

terrorist attack in 2005. Peter and Paul filed a petition for probate of their parent's will before a Makati Regional Trial Court. (A). Should the will be admitted to probate? (2%)

Wills; Joint Wills; Probate (2012) No.VII.b) John Sagun and Maria Carla Camua, British citizens at birth, acquired Philippine

citizenship

by

naturalization

after their marriage. During their marriage, the

couple

acquired

substantial

landholdings in London and in Makati. Maria

begot

three

(3)

children,

Jorge,

Luisito, and Joshur. In one of their trips to

SUGGESTED ANSWER:

London, the couple executed a joint will No. The will cannot be admitted to

appointing each other as their heirs and

probate because a joint will is expressly


prohibited under Art. 818 of the Civil

survivor between them, the entire estate

Code. This provision applies John and

would go to Jorge and Luisito only but the

Paula became Filipino citizens after their

two (2) could not dispose of nor divide the

marriage.

London estate as long as they live. John and Maria died tragically in the London

(B).

Are

valid? (2%)

the

testamentary

dispositions

subway terrorist attack in 2005. Jorge and Luisito filed a petition for probate of their parents’ will before a Makati Regional Trial


Page 59 of 180


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Court. Joshur vehemently objected because he was preterited.

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SUGGESTED ANSWER: Assuming the will of John and Maria was

(1) Should the will be admitted to probate?

valid, the testamentary prohibition on the

Explain. (2%)

division of the London estate shall be valid but only for 20 years. Under Arts 1083 and 494 of the NCC, a testamentary disposition

SUGGESTED ANSWER: No, the will should not be admitted to probate. Since the couples are both Filipino citizens, Art 818 and 819 of the

of the testator cannot forbid the partition of all or part of the estate for a period longer than twenty (20) years.

NCC shall apply. Said articles prohibits the execution of joint wills and make them void, even though authorized of

Wills; Prohibition to Partition of a Co-

the country where they were executed.

Owned Property (2010)

(2) Are the testamentary dispositions valid?

No.I. True or False.

Explain. (2%) (B) X, a widower, died leaving a will stating that the house and lot where he lived

SUGGESTED ANSWER: Since the joint will is void, all the testamentary disposition written therein are also void. However, if the will is valid, the institutions of the heirs shall be

annulled

because

Joshur

was

cannot be partitioned for as long as the youngest of his four children desires to stay there. As coheirs and co-owners, the other three may demand partition anytime. (1%) SUGGESTED ANSWER:

preterited. He was preterited because he will receive nothing from the will, will

FALSE, The other three co – heirs may

receive nothing in testacy, and the facts

not anytime demand the partition of the

do not show that he received anything as

house and lot since it was expressly

an advance on his inheritance. He was

provided by the decedent in his will that

totally excluded from the inheritance of

the same cannot be partitioned while his

his parents.

youngest child desires to stay there. Article 1083 of the New Civil Code allows

(3) Is the testamentary prohibition against

a decedent to prohibit, by will, the

the division of the London estate valid?

partition of a property and his estate for

Explain. (1%)

a period not longer than 20 years no


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matter what his reason maybe. Hence,

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(B). Act as a witness to a will? (1%)

the three co-heir cannot demand its partition at anytime but only after 20 years from the death of their father. Even if the deceased parent did not leave

a

will,

if

the

house

and

lot

constituted their family home, Article 159 of the Family Code prohibits its partition for a period of ten (10) years, or for

as

long

as

there

is

a

minor

beneficiary living in the family home.

SUGGESTED ANSWER: Stevie cannot be a witness to a will. Art. 820 of the Civil Code provides that "any person of sound mind and of the age of eighteen years or more, and not blind, deaf or dumb, and able to read and write, may be a witness to the execution of a will. (C). In either of the above instances, must the will be read to him? (1%)

Wills;

Notarial

Wills;

Blind

Testator;

Requisites (2008) No. XIV. Stevie was born blind. He went to school for the blind, and learned to read in Baille

Language.

He

Speaks

English

fluently. Can he:

SUGGESTED ANSWER: If Stevie makes a will, the will must be read to him twice, once by one of the subscribing witnesses, and again, by the notary public before whom the will is acknowledged (Art. 808, Civil Code).

(A). Make a will? (1%) SUGGESTED ANSWER: Assuming that he is of legal age (Art. 797, Civil Code) and of sound mind at the time of execution of the will (Art. 798, Civil Code), Stevie, a blind person, can make a notarial will, subject to compliance with the "two-reading rule" (Art. 808, Civil Code) and the provisions of Arts. 804, 805 and 806 of the Civil Code.

Wills; Testamentary Disposition; Period to Prohibit Partition (2008) No. XI. John and Paula, British citizens at birth, acquired Philippine citizenship by naturalization after their marriage. During their

marriage

the

couple

acquired

substanial landholdings in London and in Makati. Paula bore John three children, Peter, Paul and Mary. In one of their trips to London, the couple executed a joint will appointing each other as their heirs and


Page 61 of 180


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that she can sign her full name later. While

survivor between them the entire estate

the

would go to Peter and Paul only but the two

experienced a stomach ache and kept going

could not dispose of nor divide the London

to the restroom for long periods of time.

estate as long as they live. John and Paul

Hannah, while waiting for her turn to sign

died

Subway

the will, was reading the 7th Harry Potter

terrorist attack in 2005. Peter and Paul

book on the couch, beside the table on

filed a petition for probate of their parent's

which everyone was signing. Benjamin,

will before a Makati Regional Trial Court.

aside from witnessing the will, also offered

tragically

in

the

London

will

was

being

signed,

Roberta

to notarize it. A week after, Clara was run (C). Is the testamentary prohibition against

over by a drunk driver while crossing the

the division of the London estate valid? (2%)

street in Greenbelt.

SUGGESTED ANSWER:

May the will of Clara be admitted to

No. the testamentary prohibition against the division of the London estate is void (Art.

870,

Civil

Code).

A

probate? Give your reasons briefly. (10%) SUGGESTED ANSWER:

testator,

however, may prohibit partition for a

Probate

should

be

denied.

The

period which shall not exceed twenty

requirement that the testator and at

(20) years (Art. 870 in relation to Art.

least three (3) witnesses must sign all in

494, par 3, Civil Code).

the "presence" of one another was not complied with. Benjamin who notarized the will is disqualified as a witness,

Wills; Witnesses to required;

a

Thumbmark

Will, Presence as

Signature

(2007)

the three witnesses (Cruz v. Villasor, 54 SCRA 31, 1973). The testatrix and the other witnesses signed the will not in

No.VI. Clara, thinking of her mortality, drafted a will and asked Roberta, Hannah, Luisa

hence he cannot be counted as one of

and

Benjamin

to

be

witnesses.

During the day of signing of her will, Clara fell down the stairs and broke her arms. Coming from the hospital, Clara insisted on signing her will by thumb mark and said

the presence of Roberta because she was in the restroom for extended periods of time. Inside the restroom, Roberta could not have possibly seen the testatrix and the other witnesses sign the will by merely casting her eyes in the proper direction (Jaboneta v. Gustilo, 5 Phil 541, 1906; Nera v. Rimando, 18 Phil


Page 62 of 180


451,

1914).

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Therefore,

the

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testatrix

Because the Picasso painting reminded

signed the will in the presence of only

Angie of him, Brad in his will bequeathed

two witnesses, and only two witnesses

the painting to Angie. Brad died in 1995.

signed the will in the presence of the

Saddened by Brad's death, Jennifer asked

testatrix and of one another.

for the Picasso painting as a remembrance of him. Angie refused and claimed that

It is to be noted, however, that the

Brad, in his will, bequeathed the painting to

thumb mark intended by the testator to

her. Is Angie correct? Why or why not?

be his signature in executing his last will

(10%)

and

testament

is

valid

(Payad

v.

Tolentino, 62 Phil 848, 1936; Matias v.

SUGGESTED ANSWER:

Salud, L-104 Phil 1046, 23 June, 1958). The problem, however, states that Clara

NO. Angie is not correct. The Picasso

"said that she can sign her full name

painting is not given or donated by

later;" Hence, she did not consider her

Jennifer to Brad. She merely "placed it

thumb mark as her "complete" signature,

in his bedroom." Hence, she is still the

and intended further action on her part.

owner of the painting. Not being the

The testatrix and the other witness

owner of the Picasso painting, Brad

signed

of

cannot validly bequeath the same to

Hannah, because she was aware of her

Angie (Art. 930, NCC). Even assuming

function and role as witness and was in a

that the painting was impliedly given or

position to see the testatrix and the

donated

other witnesses sign by merely casting

donation is nevertheless void for not

her eyes in the proper direction.

being in writing. The Picasso painting

the

will

in

the

presence

Donation Donations; Formalities; In Writing (2007)

by

Jennifer

to

Brad,

the

must be worth more than 5,000 pesos. Under Art. 748, NCC, the donation and acceptance of a movable worth more than 5,000 pesos must be in writing,

No. VIII. In 1986, Jennifer and Brad were

otherwise the donation is void. The

madly in love. In 1989, because a certain

donation being void, Jennifer remained

Picasso painting reminded Brad of her,

the owner of the Picasso painting and

Jennifer acquired it and placed it in his

Brad could not have validly disposed of

bedroom. In 1990, Brad and Jennifer broke

said painting in favor of Angie in his will.

up. While Brad was mending his broken heart, he met Angie and fell in love.

ALTERNATIVE ANSWER:


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YES. Angie is correct. Even assuming

illegal and impossible donations imposed

that there was void donation because the

in an onerous donation shall annul the

same was not in writing, Brad was in

donation (Art. 1183, NCC). This is so,

uninterrupted possession of the Picasso

because onerous donations are governed

painting from 1989 to 1995, lasting for

by the law on contracts (Art. 733, NCC).

six (6) years prior to his death. Brad has already

acquired

ownership

painting

through

prescription.

Under

ownership

of

of

the

acquisitive

Art.

movables

1132,

NCC,

prescribes

through continuous possession for four (4) years in good faith and for eight (8) years without need of other conditions. A void donation may be the basis of

Donation; Inter Vivos (2013) No.V. Josefa executed a deed of donation covering a one-hectare rice land in favor of her

daughter,

Jennifer.

The

deed

specifically provides that:

possession in the concept of owner and

"For and in consideration of her love

of just title for purposes of acquisitive

and service Jennifer has shown and

prescription.

given

to

me,

I

hereby

freely,

voluntarily and irrevocably donate to her my one-hectare rice land covered Donations;

Illegal

&

by TCT No. 11550, located in San

Impossible

Fernando, Pampanga. This donation

Conditions (2007) No.I. Distinguish the following concepts:

shall take effect upon my death." The deed also contained Jennifer's signed

(B). Illegal and impossible conditions in a

acceptance,

and

an

attached notarized

simple donation v. illegal and impossible

declaration by Josefa and Jennifer that the

conditions in an onerous donation. (5%)

land will remain in Josefa's possession and cannot be alienated, encumbered, sold or

SUGGESTED ANSWER:

disposed of while Josefa is still alive.

Illegal and impossible conditions in a

Advise Jennifer on whether the deed is a

simple donation are considered as not

donation inter vivos or mortis causa and

written. Such conditions, shall therefore,

explain the reasons supporting your advice.

be disregarded but the donation remains

(8%)

valid (Art. 727, NCC). On the other hand,


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SUGGESTED ANSWER:

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same should be harmonized with its express irrevocability (Austria-Magat v.

The donation is a donation inter vivos.

CA, G.R. No. 106755, Feb 1, 2002).

When

ALTERNATIVE ANSWER:

the

donor

intends

that

the

donation shall take effect during the lifetime

of

the

donor,

though

the

The donation is donation mortis causa.

property shall not be delivered till after the

donor’s

death,

this

shall

be

a

The

deed

clearly

states

that

the

donation inter vivos (Art. 729, Civil

donation shall take effect upon the

Code).

death of the donor, Josefa. The donor, moreover, retained ownership of the

The

Civil

Code

prefers

inter

vivos

subject property as it was declared that

transmissions. Moreover, mortis causa

the

property

cannot

be

alienated,

donations should follow the formalities

encumbered, sold or disposed of while

of a will (Art. 728, Civil Code). Here there

the donor is still alive.

is no showing that such formalities were followed. Thus, it is favorable to Jennifer

As the donation is in the nature of a

that the deed is a donation inter vivos.

mortis causa disposition, the formalities of a will should have been complied with

Furthermore, what is most significant in

under

determining the type of donation is the

otherwise, the donation is void and

absence of stipulation that the donor

would produce no effect (The National

could

the

Treasure of the Philippines v. Vda. de

contrary, the deeds expressly declare

Meimban, G.R. No. L-61023, Aug 22,

them

1984).

revoke to

be

the

donation;

“irrevocable,”

a

on

quality

Art.

728

of

the

Civil

Code,

absolutely incompatible with the idea of conveyances

mortis

causa

where

Property

revocability is the essence of the act, to the

extent

that

a

testator

cannot

Accretion; Alluvium (2008)

lawfully waive or restrict his right of revocation. The provisions of the deed of

No. IX. The properties of Jessica and Jenny,

donation which state that the same will

who are neighbors, lie along the banks of

only take effect upon the death of the

the Marikina River. At certain times of the

donor and that there is a prohibition to

year, the river would swell and as the water

alienate, encumber, dispose, or sell the

recedes, soil, rocks and other materials are


Page 65 of 180


deposited properties.

on

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Jessica's

This

swelling, receding and depositing soil and

man, it is man-made accretion and a

other materials being deposited on the

part of the public domain (Tiongco v.

neighbors' properties have gone on for

Director of Lands, 16 C.A. Rep 211, cited

many years. Knowing his pattern, Jessica

in Nazareno v. C.A., G.R. No. 98045, 26

constructed a concrete barrier about 2

June 1996). Thus, Jessica cannot legally

meters

claim ownership of the additional 2

property

the

land but is also the consequences of the direct and deliberate intervention of

her

of

Jenny's river

from

pattern

and

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line

and

extending towards the river, so that when

meters

the water recedes, soil and other materials

because

are trapped within this barrier. After several

barrier about 2 meters from her property

years, the area between Jessica's property

causing

line to the concrete barrier was completely

materials when the water recedes. In

filled

increasing

other words, the increase in her property

Jessica's property by 2 meters. Jenny's

was not caused by nature but was man-

property, where no barrier was constructed,

made.

with

soil,

effectively

of

land

she

along

her

constructed

deposits

of

a

soil

property concrete

and

other

also increased by one meter along the side (B). If Jessica's and Jenny's properties are

of the river.

registered,

will

the

benefit

of

such

(A). Can Jessica and Jenny legally claim

registration extend to the increased area of

ownership over the additional 2 meters and

their properties? (2%)

one meter, respectively, of land deposited along their properties?(2%)

SUGGESTED ANSWER:

SUGGESTED ANSWER:

If the properties of Jessica and Jenny are

registered,

the

the

land

increased

deposited along her property. Art. 457 of

Accretion

the Civil Code provides that "to the

become registered land because there is

owners of lands adjoining the banks of

a specific technical description of the lot

river belong the accretion which they

in its Torrens title. There must be a

gradually receive from the effects of the

separate application for registration of

current of the water." Where the land is

the alluvial deposits under the Torrens

not formed solely by the natural effect of

System (Grande v. CA, G.R. No. L-17652,

the water current of the river bordering

30 June, 1962).

meter

of

area does

of

extend

their not

to

such

registration

one

not

of

Only Jenny can claim ownership over additional

does

benefit

the

properties.

automatically


Page 66 of 180


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(C). Assume the two properties are on a cliff

Ulpiano built three huts on this additional

adjoining the shore of Laguna Lake. Jessica

area,

and Jenny had a hotel built on the

children live. On this same area, Ulpiano

properties. They had the erath and rocks

and his family planted peanuts, monggo

excavated from the properties dumped on

beans

the adjoining shore, giving rise to a new

regularly paid taxes on the land, as shown

patch of dry land. Can they validly lay claim

by tax declarations, for over thirty years.

where

he

and

and

his

vegetables.

two

married

Ulpiano

also

to the patch of land? (2%) When Marciano learned of the increase in SUGGESTED ANSWER:

the size of the land, he ordered Ulpiano to demolish the huts, and demanded that he

No. Jessica and Jenny cannot validly lay

be paid his share in the proceeds of the

claim to the patch of land because in

harvest. Marciano claims that under the

order to acquire land by accretion, there

Civil Code, the alluvium belongs to him as a

should

actual

registered riparian owner to whose land the

continuity of the accretion to the land of

accretion attaches, and that his right is

the riparian owner caused by natural ebb

enforceable against the whole world.

be

a

natural

and

and flow of the current of the river (Delgado v. Samonte, CA-G.R. No. 34979-

(A). Is Marciano correct? Explain. (3%)

R, 10 Aug 1966). SUGGESTED ANSWER: Marciano’s contention is correct. Since that accretion was deposited on his land Accretion; Rights of the Riparian Owner

by the action of the waters of the river

(2009)

and he did not construct any structure

No.XVI. Marciano is the owner of a parcel of land through which a river runs out into the sea. The land had been brought under the Torrens System, and is cultivated by Ulpiano and his family as farmworkers therein. Over the years, the river has brought silt and sediment from its sources up in the mountains and forests so that gradually the land owned by Marciano increased

in

area

by

three

hectares.

to increase the deposition of soil and silt, Marciano automatically owns the accretion. His real right of ownership is enforceable

against

the

whole

world

including Ulpiano and his two married children. Although Marciano’s land is registered, the three (3) hectares land deposited

through accretion was not

automatically unregistered

registered. land,

it

is

As

an

subject

to

acquisitive prescription by third persons.


Page 67 of 180


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production, gathering and preservation Although Ulpiano and his children live in

of the fruits (Art 443, NCC).

the three (3) hectare unregistered land owned

by

Marciano,

they

are

farm

He may also ask for reimbursement of

workers; therefore, they are possessors

the taxes he has paid, as these are

not in the concept of owners but in the

charges on the land owned by Marciano.

concept of mere holders. Even if they

This obligation is based on a quasi-

possess the land for more than 30 years,

contract (Art 2175, NCC).

they cannot become the owners thereof through

extraordinary

acquisitive

prescription, because the law requires possession in the concept of the owner. Payment of taxes and tax declaration are not enough to make their possession one in the concept of owner. They must repudiate the possession in the concept of holder by executing unequivocal acts of repudiation amounting to ouster of Marciano, known to Marciano and must be

proven

evidence.

by Only

clear

and

then

convincing would

his

possession become adverse.

against Marciano? Explain. (3%)

faith, because he knew he does not own the land, he will lose the three huts he faith

meter land (Lot A) in Paranaque. The land now has a fair market value of Pl,200,000. CRC likewise sold to the spouses Rodriguez, a 700-square meter land (Lot B) which is adjacent to Lot A. Lot B has a present fair market value of P1,500,000.

on Lot B, relying on their presentation of the CRC sales agent that it is the property of their house did the spouses Dela Cruz

Although Ulpiano is a possessor in bad

bad

sold to the spouses Del a Cruz a500-square

they purchased. Only upon the completion

SUGGESTED ANSWER:

in

No.VIII. Ciriaco Realty Corporation (CRC)

The spouses Dela Cruz constructed a house

(B). What rights, if any, does Ulpiano have

built

Builder; Good Faith; Requisites (2013)

and

make

an

accounting of the fruits he has gathered, he has the right to deduct from the value of the fruits the expenses for

discovered that they had built on Lot B owned by the spouses Rodriguez, not on Lot A that they purchased. They spent P 1 000,000 for the house. As their lawyer, advise the spouses Dela Cruz on their rights and obligations under the given circumstances, and the recourses


Page 68 of 180


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and options open to them to protect their

However, the builder cannot be obliged

interests. (8%)

to

buy

the

considerable SUGGESTED ANSWER:

land more

if

its

than

value

that

of

is the

building.. In such case, he shall pay

Based on the fact as stated, the spouses Dela Cruz as builders and the spouses Rodriguez as land owners, are both in good faith. The spouses Dela Cruz are

reasonable rent of the owner of the land does

not

choose

to

appropriate

the

building or trees after proper indemnity (Art 448, Civil Code).

builder in good faith because before

The house constructed by the spouses

constructing the house they exercised

Dela Cruz is considered as a useful

due diligence by asking the Agent of CRC

expense, since it increased the value of

the location of the lot A, and they relied

the lot. As such, should the spouses

on the information given by the agent

Rodriguez decides to appropriate the

who is presumed to know the identity of

house,

the lot purchased by the Dela Cruz

entitled to the right of retention pending

spouses (Pleasantville v. CA, 253 SCRA

reimbursement of the expenses they

10, 1996). On the other hand, there is no

incurred or the increase in value which

showing that the land owners, spouse

the thing may have acquired by reason

Rodriguez acted in bad faith. The facts

of

do not show that the building was done

Code). Thus, the spouses Dela Cruz may

with

without

demand P1,000,000.00 as payment of

opposition on their part (Art 453, Civil

the expenses in building the house or

Code). The good faith is always presumed

increase in value of the land because of

(Art. 527, Civil Code).

the house as a useful improvement, as

their

knowledge

and

The owner of the land on which anything has been built, sown, or planted in good faith shall have the right: (1) to appropriate as his own the works

the

the

spouses

improvement

Dela

(Art

Cruz

546,

are

Civil

may be determined by the court form the evidence presented during the trial (Depra v. Dumlao, 136 SCRA 475, 1985; Technogas Phils v. CA, 268 SCRA 5, 1997).

after payment of the indemnity provided for in Art 546 and 548, or (2) to oblige the one who built to pay the price of the land.


Page 69 of 180


Easement;

Prescription;

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Acquisitive

Prescription (2009)

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In 2006, Brand0 fenced off his property, thereby blocking Andres' access to the national highway. Andres demanded that


part of the fence be removed to maintain


his


(pathway A), but Brando refused, claiming


that there was another available pathway

(C). Acquisitive prescription of a negative easement runs from the time the owner of the dominant estate forbids, in a notarized document, the owner of the servient estate

old

access

route

to

the

highway

(pathway B) for ingress and egress to the highway. Andres countered that pathway B has defects, is circuitous, and is extremely inconvenient to use.

from executing an act which would be

To settle their dispute, Andres and Brando

lawful without the easement. (1%)

hired Damian, a geodetic and civil engineer, to survey and examine the two pathways

SUGGESTED ANSWER: True. In negative easements, acquisitive prescription runs from the moment the owner of the dominant estate forbade, by an

instrument

acknowledged

before

notary public, the owner of the servient estate from executing an act which would be lawful without the easement (Art. 621, NCC).

and

the

determine prejudicial

surrounding the way

areas,

shortest through

and the

and the

to

least

servient

estates. After the survey, the engineer concluded that pathway B is the longer route and will need improvements and repairs, but will not significantly affect the use of Brando's property. On the other hand, pathway A that had long been in place, is the shorter route but would significantly affect the use of Brando's

Easement; Right of Way (2013)

property.

No.VII.In 2005, Andres built a residential

In light of the engineer's findings and the

house on a lot whose only access to the

circumstances of the case, resolve the

national highway was a pathway crossing

parties' right of way dispute. (6%)

Brando's property. Andres and others have been using this pathway (pathway A) since

SUGGESTED ANSWER:

1980.


Page 70 of 180


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Andres is not entitled to the easement of

(Pathway B). Second, the right of way

right of way for Pathway A. Pathway B

obtained (Pathway A) is not the least

must be used.

prejudicial

to

Brando’s

property,

as

evidence by the reports of the geodetic The owner of a dominant estate may

and civil engineer.

validly obtain a compulsory right of way only

after

he

has

established

the

existence of four requisites, to wit:

When

there

adequate

is

outlet

already from

an

the

existing dominant

estate to the public highway, even if the (1) The (dominant) estate is surrounded

said outlet, for one reason or another, be

by other immovables and is without

inconvenient,

adequate outlet to a public highway;

another servitude is entirely unjustified

(2)

After

payment

of

the

proper

indemnity;

proprietor’s own acts; and

need

to

open

up

(Costabella Corporation v. CA, G.R. No. 80511, Jan 25, 1991). The rule that the easement

(3) The isolation was not due to the

the

of

right

of

way

shall

be

established at the point least prejudicial to the servient estate is controlling (Quimen v. Quimen and CA, G.R. No.

(4) The right of way claimed is at a point least prejudicial to the servient estate, and insofar as consistent with this rule, where the distance from the dominant estate to the public highway maybe the shortest (Art 650, civil Code).

112331, May 29, 1996). (Note: It is not clear from the problem if there exists an easement in favor of the lot belonging to Andres and if Brando’s lot is burdened as a servient estate by a right of way as a servient estate. If there is such an

has

easement burdening Brando’s lot, was it

consistently ruled that in case both

created as legal easement or as a voluntary

criteria cannot be complied with, the

easement. If the used pathway was only a

right of way shall be established at the

tolerance, then Brando may close it. Andres

point least prejudicial to the servient

must ask for the constitution of a legal

estate.

easement through Brando’s lot by proving

However,

the

Supreme

Court

the four requisites required by Art 649 and The first and fourth requisites are not

65, Civil Code).

complied with. First, there is another available outlet to the national highway


Page 71 of 180


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Easement; Right of Way (2010)

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easement or servitude, even if the deed of sale is silent on the matter.

No.XIII. Franz was the owner of Lot E which was surrounded by four (4) lots one of

(3) The vendee of the property in which a

which – Lot C – he also owned. He promised

servitude

Ava that if she bought Lot E, he would give

close or put obstructions thereon to

her a right of way in Lot C.

prevent the dominant estate from using

Convinced, Ava bought Lot E and, as promised, Franz gave her a right of way in Lot C. Ava cultivated Lot E and used the right of way granted by Franz. Ava later found gainful employment abroad.

or

easement

exists

cannot

it. (4) Ava’s working abroad for more than ten (10) years should not be construed as non-user, because it cannot be implied from the fact that she or those she left behind to cultivate the lot no longer use the right of way.

On her return after more than 10 years, the right of way was no longer available to her

Note:

Since

a

right

of

way

is

a

because Franz had in the meantime sold

discontinuous easement, the period of

Lot C to Julia who had it fenced.

ten years of non-user, shall be computed from the day it ceased to be used under

(A). Does Ava have a right to demand from Julia the activation of her right of way? Explain. (2.5%) SUGGESTED ANSWER:

Act 6341 (2) CC. (5)

Renunciation

easement

must

or be

waiver specific,

of

an

clear,

express and made in a public instrument in accordance of Art 1358 of the New

Yes. Ava has the right to demand from

Civil Code.

Julia the activation of the right of way,

ALTERNATIVE ANSWER:

for the following reasons: Yes. Ava has the right to demand from (1) The easement of the right of way is a

Julia the activation of the right of way.

real right which attaches to, and is

A voluntary easement of right of way,

inseperable from, the estate to which it

like

belongs.

extinguished only by mutual agreement

any

other

contract,

could

be

or by renunciation of the owner of the (2) The sale of the property includes the

dominant estate. Also, like any other


Page 72 of 180


contract,

an

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easement

is

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generally

her in lot C if Ava purchase lot E. The

effective between parties, their heirs and

promise was not reduced to writing (Obra

assignees, except in case where the

v. Baldria, 529 SCRA 621 [2007]). Hence,

rights and obligations arising from the

it was not or could not have been

contract are not transmissible by their

registered as to warn buyers of lot C

nature, or by stipulations or by provision

about the existence of the easement on

of law (Unisource Commercial v. Chung,

the property. Not having been annotated

593 SCRA 530 [2009]).

on the TCT to lot C, the buyer acquired lot C free from such right of way granted

(B). Assuming Ava opts to demand a right of

to Ava.

way from any of the owners of Lots A, B, and D, can she do that? Explain. (2.5%) SUGGESTED ANSWER:

Hidden Treasure (2008)

Yes. Ava has the option to demand a

No. VIII. Adam, a building contractor, was

right of way on any of the remaining lots

engaged by Blas to construct a house on a

of Franz more so after Franz sold lot C to

lot which he (Blas) owns. While digging on

Julia. The essential elements of a legal

the lot in order to lay down the foudation of

right of way under Art 649 and 650 of

the house, Adam hit a very hard object. It

the New Civil Code are complied with.

turned out to be the vault of the old Banco de las Islas Filipinas. Using a detonation

ALTERNATIVE ANSWER:

device, Adam was able to open the vault

Yes. Ava has the option to demand a

containing old notes and coins which were

right of way from the other lots. The law

in circulation during the Spanish era. While

provides that whenever a piece of land

the notes and coins are no longer legal

acquired by sale, exchange or partition is

tender, they were valued at P100 million

surrounded

the

because of their historical value and the

vendor, exchanger, or co-owner, he shall

coins silver nickel content. The following

be obliged to grant a right of way

filed legal claims over the notes and coins:

by

other

estates

of

without indemnity (Art 652, NCC). (i). Adam, as finder; ALTERNATIVE ANSWER: (ii). Blas, as owner of the property where No. There was merely a promise to Ava

they were found;

that a right of way shall be granted to


Page 73 of 180


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(iii). Bank of the Philippine Islands, as

present case, Adam, as finder, and Blas,

successor-in-interest of the owner of the

as owner of the land, are entitled to

vault; and

share

50-50

in

the

treasure.

The

government can only claim if it can (iv). The Philippine Government because of

establish that the notes and coins are of

their historical value.

interest to science or the arts, then it must pay just price of the things found,

(A). Who owns the notes and coins? (4%)

to be divided equally between Adam and Blas (Art. 438, Civil Code).

SUGGESTED ANSWER: The notes and coins are no longer owned by the Bank of the Philippine Islands, which has either lost or abandoned the vault and its contents, and it has not taken any effort to search, locate or recover the vault. In any case, since the vault is in actual possession of Adam,

(B). Assuming that either or both Adam and Blas are adjudged as owners, will the notes and coins be deemed part of their absolute community or conjugal partnership of gains with their respective spouses? (2%) SUGGESTED ANSWER:

BPI may attempt, in a judicial action to

If either or both Adam and Blas are

recover, to rebut the presumption of

adjudged as owners, the notes and coins

ownership in favor of Adam and Blas

shall be deemed part of their absolute

(Art. 433, Civil Code). Hidden treasure is

community or conjugal partnership of

any hidden and unknown deposit of

gains with their respective spouses (Art.

money,

117, par 4, FC).

jewelry,

or

other

precious

objects, the lawful ownership of which does not appear. Given the age and importance of the items found, it would be safe to consider the vault, notes and

Mortgage; Public or Private Instrument

coins

(2013)

abandoned

by

BPI

and

its

predecessor (Art. 439, Civil Code). It belongs to the owner of the land on which it is found. When the discovery is made on the property of another, or of the State and by chance, one-half of it shall belong to the finder who is not a trespasser (Art. 438, Civil Code). In the

No.VI. Lito obtained a loan of P1,000,000 from Ferdie, payable within one year. To secure payment, Lito executed a chattel mortgage on a Toyota Avanza and a real estate mortgage on a 200-square meter piece of property.


Page 74 of 180


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(A) Would it be legally significant - from the

exceeds Five Hundred pesos (P500.00)

point of view of validity and enforceability -

must appear in writing, even in private

if the loan and the mortgages were in public

one. However, the requirement is not for

or private instruments? (6%)

validity of the contract, but only for its greater efficacy.

SUGGESTED ANSWER: With regard to the chattel mortgage, Art. From the point of view of validity and

1508,

enforceability,

legal

requires an affidavit of good faith stating

significance if the mortgage was in a

that the chattel mortgage is supposed to

public or private instrument. As for the

stand as security of the loan; thus, for

loan,

significance

the validity of the chattel mortgage, it

except of interest were charged on the

must be in a public document and

loan, in which case, the charging of

recorded

interest must be in writing.

Register in the Register of Deeds. A real

there

there

is

no

would

legal

be

A contract of loan is a real contract and is perfected upon delivery of the object of the obligation (Art 1934, Civil Code). Thus, a contract of loan is valid and enforceable even if it is neither in a private nor in a public document. As a rule, contracts shall be obligatory in whatever form they

may

have been

entered into provided all the essential requisites for their validity are present. With regards to its enforceability, a contact of loan is not among those enumerated under Art. 1403 (2) of the Civil Code, which are covered by the Statute of Frauds. It is important to note that under Art. 1358 of the Civil Code, all the other contracts where the amount involved

the

Chattel

in

the

Mortgage

Chattel

Law,

Mortgage

estate mortgage, under the provisions of Art. 2125 of the Civil Code, requires that in order that a mortgage may be validly constituted the document in which it appears be recorded. If the instrument is not

recorded,

the

mortgage

is

nevertheless valid and binding between the parties. Hence, for validity of both chattel and real estate mortgages, they must appear in a public instrument. But the

purpose

of

enforceability,

it

is

submitted that the form of the contract, whether in a public or private document, would

be

immaterial

(Mobil

Oil

v.

Diocaresa, 29 SCRA 656, 1969). Also, under Art 1358, acts and contracts which have for their object the creation or

transmission

of

real

rights

over

immovable property must be in a public


Page 75 of 180


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document for greater efficacy and a real

right. Possession may be the real right of

estate mortgage is a real right over

possession or jus possessiones or it can

immovable property.

be merely the right to possess or jus possedendi, which are among the basic rights of ownership. If the real right of possession is possession in the concept

Occupation vs. Possession (2007)

of

owner,

limitations,

No.I. Distinguish the following concepts:

but it

subject may

to

ripen

certain into

full

ownership of the thing or property right through

(A). Occupation v. possession. (5%)

acquisitive

prescription

depending on whether it is a case of SUGGESTED ANSWER:

ordinary or extraordinary prescription and whether the property is movable or

Occupation

is

an

original

mode

of

immovable.

acquiring ownership (Art. 712, NCC). Things appropriable by nature which are without an owner, such as animals that

Ownership; Co-Ownership (2009)

are the object of hunting and fishing, hidden

treasure

and

abandoned


movables, are acquired by occupation


(Art. 713, NCC). However, ownership of a


piece of land cannot be acquired by


occupation (Art. 714, NCC). (D). The renunciation by a co-owner of his ALTERNATIVE ANSWER:

undivided share in the co-owned property in lieu of the performance of his obligation

Occupation

is

a

mode

of

acquiring

to contribute to taxes and expenses for the

dominion by the seizure of corporeal

preservation

things which have no owner, with the

constitutes dacion en pago. (1%)

of

the

property

intention of acquiring the ownership thereof.

It

is

an

original

mode

of

SUGGESTED ANSWER:

acquiring ownership upon seizure of a

True, Under the Civil Code, a co-owner

res nullius by the occupant who has the

may renounce his share in the co-owned

intention to become the owner thereof.

property in lieu of paying for his share in

Possession, on the other hand, is the

the

holding of the thing or an enjoyment of a

preservation of the co-owned property.

taxes

and

expenses

for

the


Page 76 of 180


In

effect,

there

is

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dacion

en

pago

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SUGGESTED ANSWER:

because the co-owner is discharging his monetary obligation by paying it with

Yes, Cathy can lawfully ask for the

his non-monetary interest in the co-

demolition

owned property. The fact that he is

there are two or more heirs, the whole

giving up his entire interest simply

estate

means that he is accepting the value of

partition, owned in common by such

his interest as equivalent to his share in

heirs, subject to the payment of debts of

the taxes and expenses of preservation.

the deceased (Art. 1078, Civil Code),

of

of

Bobby's

the

house.

decedent,

is,

Where before

Under the rules on co-ownership, "none of Ownership; Co-Ownership (2008)

the

co-owners

shall,

without

the

consent of the others make alterations in the thing owned in common, even

No. VI. Alex died without a will, leaving only

though benefits for all would results

an undeveloped and untitled lot in Tagiug

therefrom." In Cruz v. Catapang, G.R. No.

City. He is survived by his wife and 4

164110, 12 Feb., 2008, the Court held

children. His wife told the children that she

that "alterations include any act of strict

is waiving her share in the property, and

dominion

allowed Bobby, the eldest son who was

construction of a house." In the present

about to get married, to construct his

case, of Alex is the real owner of the

house on ¼ of the lot, without however

undeveloped and untitled lot in Taguig,

obtaining the consent of his siblings. After

co-ownership is created among his wife

settlement of Alex's estate and partition

and four children over said property

among the heirs, it was discovered that

upon his death. Since the construction

Bobby's house was constructed on the

of the house by Bobby was done without

portion allocated to his sister, Cathy asked

obtaining the consent of his siblings, the

Bobby to demolish his house and vacate

alteration effected is illegal. Bobby is

the portion alloted to her. In leiu of

considered to be in bad faith and as a

demolition, Bobby offered to purchase from

sanction for his conduct, he can be

Cathy the lot portion on which his house

compelled

was constructed. At that time, the house

remove

constructed was valued at P350.000.

expense.

(A). Can Cathy lawfully ask for demolition of

(B). Can Bobby legally insist on purchasing

Bobby's house? (3%)

the land? (2%)

or

by

the

ownership

Cathy

to

structure

such

demolish at

his

as

or own


Page 77 of 180


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SUGGESTED ANSWER:

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nature and object to remain at a fixed place on a river, lake or coast." Since the

No.

Bobby

cannot

legally

insist

on

floating

platform

is

a

petroleum

purchasing the land. Being in bad faith,

operation

he has no option to pay for the price of

remain permanently where it is situated,

the lot (Art. 450, Civil Code).

even if it is tethered to a ship which is

facility,

it

is

intended

to

anchored to the seabed. ALTERNATIVE ANSWER: Property; Movable or Immovable (2007) The platform is a movable property No.II. Manila Petroleum Co. owned and

because it is attached to a movable

operated a petroleum operation facility off

property,

the coast of Manila. The facility was located

merely anchored to the seabed. The fact

on a floating platform made of wood and

that the vessel is merely anchored to the

metal,

sea

upon

which

was

permanently

bed

i.e.

only

the

vessel

shows

which

that

it

is

was

not

attached the heavy equipment for the

intended to remain at a fixed place;

petroleum operations and living quarters of

hence, it remains a movable property. If

the crew. The floating platform likewise

the intention was to make the platform

contained a garden area, where trees,

stay permanent where it was moored, it

plants

The

would not have been simply tethered to

platform was tethered to a ship, the MV

a vessel but itself anchored to the

101, which was anchored to the seabed.

seabed.

Please briefly give the reason for your

(B). Are the equipment and living quarters

answers. (10%)

movable or immovable property?

(A).Is the platform movable or immovable

SUGGESTED ANSWER:

and

flowers

were

planted.

property? The thing and living quarters of the crew SUGGESTED ANSWER:

are immovable property under Art. 415

The platform is an immovable property under Art. 415 (9) NCC, which provides that

"docks

and

structures

which,

though floating, are intended by their

(3)

NCC, classifies as an immovable

"everything attached to an immovable in a fixed manner, in such a way that it cannot be separated therefrom without breaking the material or deterioration of


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the object." Both the equipment and the

The trees, plants and flowers planted in

living quarters are permanently attached

the garden area of the platform are

to

an

immovable property under Art. 415 (2)

immovable. The equipment can also be

NCC which classifies as an immovable

classified

property

the

platform as

an

which

is

immovable

also

property

"trees,

plants

and

growing

under Art. 415 (5) NCC because such

fruits, while they are attached to the

equipment are "machinery, receptacles,

land or form an integral part of an

instruments or implements intended by

immovable,

the

facility.

owner

of

the

tenement

for

an

the

petroleum

operation

industry or works which may be carried on in a building or on a piece of land and which tend directly to meet the needs of the industry or works." It is logically assumed that the petroleum industry may be carried on in a building or on a piece

of

land

and

the

platform

is

analogous to a building.

ALTERNATIVE ANSWER: The trees, plants and flowers planted in the garden area of the platform are movable property because they are not permanently attached t the land and do not

form

immovable.

an

integral

The

part

of

an

is

not

an

platform

immovable property for the same reason

ALTERNATIVE ANSWER:

already given in the Alternative Answer The equipment and living quarters of the

to Item (a) above.

crew are movable properties since they are attached to a platform which is also

Land Titles and Deeds

a movable property, because it is simply attached to a

vessel is likewise a

movable property since it was merely

Acquisition

of

Lands;

Sale

of

Real

Property to an Alien (2009)

anchored on the seabed only shows that it is not intended to remain at a fixed

No.XIX. In 1972, Luciano de la Cruz sold to

place;

Chua Chung Chun, a Chinese citizen, a

hence,

it

remains

a

movable

property.

parcel of land in Binondo. Chua died in 1990, leaving behind his wife and three

(C). Are the trees, plants and flowers

children,

immovable or movable property?

naturalized Filipino citizen. Six years after Chua’s

SUGGESTED ANSWER:

one death,

of

whom,

the

heirs

Julian,

is

executed

a an

extrajudicial settlement of estate, and the parcel of land was allocated to Julian. In


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2007, Luciano filed suit to recover the land

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Non-Registrable Properties (2007)

he sold to Chua, alleging that the sale was void

because

it

contravened

the

Constitution which prohibits the sale of private lands to aliens. Julian moved to dismiss

the

suit

on

grounds

of pari

delicto, laches and acquisitive prescription. Decide the case with reasons. (4%)

No.IV.

What

properties

are

not

registrable? (5%) Supply this information. SUGGESTED ANSWER: The

SUGGESTED ANSWER:

(B).

following

properties

are

not

registrable:

The case must be dismissed. Julian, who is a naturialized Filipino citizen and to

(1.) Properties of the Public dominion;

whom the property was allocated in a n

(2.) Properties for public use or public

extra-judicial partition of the estate, is

service;

now the owner of the property. The defect in ownership of the property of

(3.)

Inalienable

Julian’s alien father has already been

domain;

lands

of

the

public

cured by its transfer to Julian. It has been validated by the transfer of the

(4.) Military installations, civil and quasi-

property to a Filipino citizen. Hence,

public lands; and

there

is

no

more

violation

of

the

Constitution because the subject real property is now owned by a Filipino citizen (Halili v. CA, 287 SCRA 465, [1998]). Further, after the lapse of 35

(5.) All lands not classified as alienable and disposable. ALTERNATIVE ANSWER:

year, laches has set in and the motion to

(1).

dismiss may be granted, for the failure of

intended

Luciano to question the ownership of

canals, rivers, torrents, ports and bridges

Chua before its transfer of ownership to

constructed by the State, banks, shores,

Julian.

roadsteads, and the like, are incapable of

Properties

private

for

of

public

public

use,

appropriation,

dominium like

much

roads,

less

registration (Art. 420 NCC). This includes public markets, public plazas, municipal streets

and

public

buildings


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(Municipality of Antipolo v. Zapanta, 133

(7.) Lands reclaimed by the government

SCRA 820, 1986; Martinez v. CA, 56

from the sea, lakes, or other bodies of

SCRA 647, 1974; Navera v. Quicho, 5

water are disposed or acquisible only by

SCRA 454, 1962).

lease

and

not

otherwise,

under

the

Public Land Act. (2.) Lands proclaimed or classified as forest, timberlands, mineral lands and national parks. Under Sec 2, Art XII, Constitution of the Philippines, these

Prescription;

Acquisitive

Prescription

lands are inalienable.

(2008)

(3.) Lands that are reserved by law or

No. VII. Anthony bought a piece of untitled

Presidential proclamation for military,

agricultural land from Bert. Bert, in turn,

civic or quasi-public purpose, Under Sec

acquired the property by forging carlo's

88, Chapter XII of the Public Land Act,

signature in a deed of sale over the

such lands shall be inalienable and shall

property. Carlo had been in possession of

not be subject to occupation, entry, sale,

the property for 8 years, declared it for tax

lease or other disposition.

purposes, and religiously paid all taxes due on the property. Anthony is not aware of

(4.) In general, all lands of the public

the defect in Bert's title, but has been in

domain that has not been classified as

actual physical possession of the property

alienable and disposable under the Public

from the time he bought it from Bert, who

Land Act.

had

never

been

in

possession

of

the

property for one year. (5.) Lands that form part of the seabed, riverbed or lakebed. These lands are not

(A). Can Anthony acquire ownership of the

susceptible to private appropriation.

property by acquisitive prescription? How many more years does he have possess it to

(6.) Foreshore lands is that strip of land

acquire ownership? (2%)

that lies between the high and low water marks

and

alternately

wet

and

dry

SUGGESTED ANSWER:

according to the flow of the tide belong to the public domain, and can only be

Yes, Anthony can acquire ownership of

acquired by lease if not needed by the

the

government for public or quasi-public

prescription.

purposes.

Anthony is a buyer/possessor in good

property

through In

the

acquisitive

present

case,


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faith because he was not aware of the

shall have a right to a part of the

defect in Bert's title (Art. 526, Civil

expenses of cultivation, and to a part of

Code). As such, Anthony can acquire

the net harvest of the standing crops,

ownership and other real rights over

both in proportion to the time of the

immovable

possession (Art 545, Civil Code).

property

through

open,

continuous possession of 10 years (Art. 1134, Civil Code). Anthony needs nine (9) more years of possession, in addition to his one (1) year of possession in good faith. (B).If Carlo is able to legally recover his property,

can

he

require

Anthony

to

account for all the fruits he has harvested from the property while in possession? (2%)

If Carlo is able to legally recover his property, he cannot require Anthony to account for all the fruits harvested from the property. Anthony is entitled to the fruits harvested in good faith before his possession was legally interrupted (Art. 544, Civil Code).

property when Carlo recovers possession, can Carlo appropriate them? (2%)

issuance of a writ of possession over a foreclosed real property prescribe in five (5) years? (5%)

Yes, it prescribes in five (5) years. If the real property mortgaged is judicially foreclosed,

the

action

for

judicial

foreclosure should be filed within a period of ten (10) years. The request for issuance of a writ of possession should be filed upon motion of the winning

appropriate

judgment of foreclosure. The writ of possession is an order commanding the sheriff to place a person named therein in possession of real property (BPI v. Icot. G.R. No. 168081, Oct 12, 2009).

SUGGESTED ANSWER: can

No.IX.a) Does the right to request for the

bidder within five (5) years after the

(C).If there are standing crops on the

Carlos

Property Mortgage (2012)

SUGGESTED ANSWER:

SUGGESTED ANSWER:

Yes,

Prescription; Judicially Foreclosed Real

only

a

portion of the standing crops on the property once he recovers possession. Anthony being a possessor in good faith,


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Purchaser

in

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Good

Faith;

Mortgaged

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of Deeds under Act. 3344 and obtained a

Property (2008)

tax declaration in its name.

No. XIX. Juliet offered to sell her house and

(A). Was Dehlma a purchaser in good faith?

lot, together with all the furniture and

(2%)

appliances

therein

to

Dehlma.

Before

agreeing to purchase the property, Dehlma went to the Register of Deeds to verify Juliet's title. She discovered that while the property was registered in Juliet's name under

the

amended

Land

by

the

Registration Property

Act,

as

Registration

Decree, it property, Dehlma told Juliet to redeem the property from Elaine, and gave her an advance payment to be used for purposes of realesing the mortgage on the property. When the mortgage was released, Juliet executed a Deed of Absolute Sale over the property which was duly registered with the Registry of Deeds, and a new TCT was issued in Dehlma's name. Dehlma immediately took possession over the house and

lot

and

the

movables

therein.

Thereafter, Dehlma went to theAssessor's Office to get a new tax declaration under

SUGGESTED ANSWER: Yes, Dehlma is a purchaser in good faith. In

the

present

case,

before

Dehlma

bought the property, she went to the Register of Deeds to verify Juliet's title. When she discovered that the property was mortgaged to Elaine, she gave an advance payment so that Juliet could release the mortgage. It was only after the mortgage was released and free from the claims of other persons that Dehlma bought the property. Thus, Dehlma is a purchaser in good faith (Mathay v. CA, G.R. No. 115788, 17 Sept, 1998). (B). Who as between Dehlma and XYZ Bank has a better right to the house and lot? (2%) SUGGESTED ANSWER:

her name. She was surprised to find out that the property was already declared for

Between Dehlma and XYZ Bank, Dehlma

tax purposes in the name of XYZ Bank

has a better right to the house and lot.

which had foreclosed the mortgage on the

After the release of the mortgage, the

property before it was sold to her. XYZ

Deed of Absolute Sale was registered and

Bank

the

a new title was issued in Dehlma's name.

foreclosure sale of the property. At that

Act 3344 is applicable exclusively to

time, the property was still unregistered but

instruments resulting from agreement of

XYZ Bank registered the Sheriff's Deed of

parties thereto and does not apply to

Conveyance in the day book of the Register

deeds

was

also

the

purchaser

in

of

a

sheriff

conveying

to

a


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purchaser unregistered lands sold to him

land registration and acquisition of title to

under execution (Williams v. Suñer, 49

land.

Phil. ,534).

following items:

(C). Who owns the movables inside the

(A). What is the governing law? (5%)

The

manual

should

include

the

house? (2%) SUGGESTED ANSWER: SUGGESTED ANSWER: The Dehlma

owns

is

the

Land

Registration Act as amended by Property

when she acquired the house and lot

Registration Decree (Act 496 as amended

from

by PD 1529).

all

movables

law

because

Juliet,

the

governing

the

furniture

and

appliances therein were included in the sale. As owner of the real property,

[Note: It is respectfully recommended

Dehlma also owns the movables found

that full credit be given to examinees

therein (Art. 542, Civil Code).

who did not give the exact title or number of the law but merely stated a description of the law.]

Registration; Governing Law (2007)

ALTERNATIVE ANSWER:

No.IV.

Property

In general, the governing law relating to

development

registration and acquisition of title to

company engaged in developing and selling

land is Act 496 of 1902 as amended by

subdivisions,

PD 1529, otherwise known as Property

Bedrock

Development

Land

Corp.

is

& a

condominium

units

and

industrial estates. In order to replenish its

Registration Decree of June 11, 1978.

inventories, it embarked on an aggressive land banking program. It employed "scouts"

(1.)

who roam all over the Philippines to look for

registration

and conduct investigations on prospective

Torrens System by voluntary ordinary

sites

judicial proceedings.

for

acquisition

and

development,

whether developed, semi-developed or raw land. The management of Bedrock asks you as the company counsel to prepare a manual

containing

a

summary

of

the

Chapter of

III-I land

governs title

original

under

the

(2.) Chapter II-II governs compulsory registration of lands through cadastral proceedings.

pertinent laws and regulations relating to


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(3.) Section 103 governs registration of

(c) Replacement of lost or destroyed

homestead, sales, free patent under CA

owner's duplicate certificate of title.

No. 141, as amended, otherwise known (9.)

as the Public Land Act.

R.A.

No.

reconstitution (4.) Section 104 governs registration of certificates

of

land

26 of

governs lost

or

judicial destroyed

originals of the certificate of title.

transfers,

emancipation patents and Certificates of

(10.)

Land Ownership Award (CLOA) under

administrative reconstitution of lost or

Comprehensive Land Reform Law.

destroyed original certificates of title.

(5.) Chapter V governs the registration of

(11.)

land dealings on registered land like

registration

conveyances,

unregistered private lands.

transfers,

mortgages,

leases, powers of attorney, trusts and similar contracts inter vivos.

R.A.

No.

Section of

6732

113

governs

governs

instruments

the

affecting

(12.) Section 117 governs "consultas," where the Register of Deeds refuses to

(6.) Chapter V-II governs the registration

register a deed or when he is in doubt as

of involuntary dealings on registered

to what action to take on an instrument

land like attachments, adverse claims,

presented for registration.

enforcement of liens on registered land, notices of lis pendens. (7.) Chapter VI governs the registration of judgments, orders and partitions, condemnation in eminent domain proceedings, judicial and extra-judicial settlement of estates. (8.) Sections 107, 108 and 109 govern petitions

and

registration

actions

after

original

like:

(a).Compulsory

surrender of withheld owner's duplicate certificate of title; (b)

Amendment

certificate of title;

Registration;

Party

Who

First

took

Possession (2013) No.IX.Rica petitioned for the annulment of her

ten-year

old

marriage

to

Richard.

Richard hired Atty. Cruz to represent him in the proceedings. In payment for Atty. Cruz's acceptance and legal fees, Richard conveyed to Atty. Cruz a parcel of land in Taguig that he recently purchased with his

and

alteration

of

lotto winnings. The transfer documents were

duly

signed

and

Atty.

Cruz


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immediately took possession by fencing off

the

liquidation

of

the

absolute

the property's entire perimeter.

community or conjugal partnership of the spouses as the case may be (Art. 50

Desperately needing money to pay for his

in relation to Art 43 of the Family Code).

mounting legal fees and his other needs

Richard purchased the land with his

and despite the transfer to Atty. Cruz,

lotto winnings during the pendency of

Richard offered the same parcel of land for

the suit for annulment and on the

sale to the spouses Garcia. After inspection

assumption

of the land, the spouses considered it a

governed by

good investment and purchased it from

community

Richard. Immediately after the sale, the

winnings from gambling or betting will

spouses

form part thereof. Also, since the land is

Garcia

commenced

the

that

the

parties

the regime or

conjugal

of

are

absolute

partnership,

construction of a three-story building over

part

the land, but they were prevented from

conjugal

doing this by Atty. Cruz who claimed he

Rica, it may not be sold or alienated

has a better right in light of the prior

without the consent of the latter and

conveyance in his favor.

any disposition or encumbrance of the

of

property

Is Atty. Cruz's claim correct? (8%)

the

absolute

partnership

of

the

community of

Richard

community

or

or and

the

conjugal property without the consent of the other spouse is void (Art 96 and Art

SUGGESTED ANSWER:

124, Family Code).

No. Atty. Cruz is not correct. At first glance, it may appear that Atty. Cruz is the one who has the better right because he first took possession of the property.

Registration; Requisites; Proof (2013)

However, a lawyer is prohibited under

No.X. Manuel was born on 12 March 1940

Art

in a 1 000-square meter property where he

1491

of

the

Civil

Code

from

acquiring the property and rights which

grew

may be the object of any litigation in

cultivate the land. Michael has lived on the

which they may take part by virtue of

property since the land was opened for

their profession. While the suit is for

settlement

annulment of marriage and it may be

Commonwealth government in 1935, but

urged that the land itself is not the

for some reason never secured any title to

object of the litigation, the annulment of

the property other than a tax declaration in

marriage, if granted, will carry with it

his name. He has held the property through

up

helping

at

his

about

father,

the

time

Michael,

of

the


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the years in the concept of an owner and

ownership

since

his stay was uncontested by others. He has

earlier. However, it is only necessary

also conscientiously and continuously paid

that the land is already declared A & D

the realty taxes on the land.

land “at the time for application for registration

is

June

filed”

12,

1945,

(Malabanan

or

v.

Michael died in 2000 and Manuel - as

Republic, G.R. No. 180067, June 30,

Michael’s only son and heir -now wants to

2009).

secure and register title to the land in his own name. He consults you for legal advice

Manuel could also invoke Sec 14 (2) of

as he wants to perfect his title to the land

the

and secure its registration in his name.

registration through ordinary acquisitive

same

Decree,

which

allows

prescription for thirty years, provided, (A) What are the laws that you need to

however, that the land is “patrimonial”

consider in advising Manuel on how he can

in character, i.e. already declared by the

perfect his title and register the land in his

government (a) as A & D, and (b) no

name? Explain the relevance of these laws

longer needed for public use or public

to your projected course of action. (4%)

service (Malabanan, supra).

SUGGESTED ANSWER:

Manuel could also file an application for

(Note:

With

all

due

respect,

it

is

recommended that the examiner accept and give full credit to any of the answers given in each of the following paragraphs.) I

would

advice

Manuel

to

file

an

of Pres. Decree No. 1529, or the Property Registration Decree (PRD), specifically Sec14 (1) which requires (a) that the land applied for forms part of the alienable and disposable (A & D) portion of the public domain, and (b) that the applicant been

notorious thereof

in

open,

possession under

bona

continuous and fide

incomplete

and

occupation claim

of

of title’

imperfect through

or

“judicial

legalization” under Sec. 48 (b) of CA no. 141, or the Public Land Act (PLA). But, as

application for registration under Sec 14

has

“confirmation

held

in

substantial

Malabanan, difference

there between

is

no this

provision and Sec 14 (1) of the PRD. Both refer to agricultural lands already classified as alienable and disposable at the time the application is filed, and require possession and occupation since June 12, 1945. The only difference is that under the PRD, there already exists a title which is to be confirmed, whereas under the PLA, the presumption is that land is still public land (Republic v.


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Aquino, G.R. No. L-33983, January 27,

Manuel has a the burden to overcome

1983).

the presumption of State ownership by “well-nigh

incontrovertible”

evidence

Manuel may also invoke “vested rights’

(Ong

acquired under Rep. Act. No. 1942, dated

March 12, 2008). Accordingly, he must

June 2, 1957, which amended Sec. 48 (b)

show that ht eland is already classified

of the PLA by providing for a prescriptive

as A & D “at the time the application for

period

registration is filed” and that he has

of

thirty

years

for

judicial

v.

Republic,

G.R.

No.

175746,

confirmation of imperfect title. It must

been

only be demonstrated that possession

thereof” in the manner required by law

and occupation commenced on January

since June 12, 1945, or earlier.

in

“possession

and

occupation

24, 1947 and the 30-year period was completed prior to the effectivity of PD

Manuel may tack his possession to that

No. 1073 on January 25, 1977. PD No.

of his predecessor-in-interest (Michael)

1073

and

by the testimony of disinterested and

1945

knowledgeable eyewitnesses. Overt acts

(Republic v. Espinosa, G.R. No. 171514,

of possession may consist in introducing

July 18, 2012).

valuable improvements like fencing the

now

occupation

requires since

possession June

12,

land, constructing a residential house Another alternative is for Manuel to

thereon,

secure

planting fruit bearing trees, declaring

title

through

administrative

cultivating

the

land

and

proceedings under the homestead or free

the

patent provisions of the PLA. The title

paying realty taxes, all of which are

issued has the same efficacy and validity

corroborative proof of possession.

as

a

title

issued

through

land

for

taxation

purposes

and

judicial

proceedings, but with the limitations

To identify the land, he must submit the

that the land cannot be sold or disposed

tracing cloth plan or a duly-certified

of within five years from the issuance of

blueprint

patent

(Director of Lands v. Reyes, G.R. No. L-

(Sec.

118,

CA

No.

141,

as

amended).

or

whiteprint

copy

thereof

27594, November 28, 1975; Director of Lands v. CA and Iglesia ni Cristo, G.R.

(B) What do you have to prove to secure Manuel's

objectives

and

documentation are necessary? (4%)

No. L-56613, March 14, 1988).

what To show the classification of the land as A

SUGGESTED ANSWER:

&

D,

the

application

must

be

accompanied by (1) a CENRO or PENRO


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certification; and (2) a certified true copy

of

approved

the by

original the

classification

DENR

Secretary

I will institute the following actions against Atty. Tan:

(Republic v. Bantigue, G.R.No. 162322, March

14,

2012).

A

presidential

or

legislative act may also be considered.

(a). A civil action for damage for the fraudulent transfer of the title in his name and to recover the value of the property;

Remedies; Fraud; Rights of Innocent Purchaser (2009) No.IX. Before migrating to Canada in 1992, the spouses Teodoro and Anita entrusted all their legal papers and documents to their nephew, Atty. Tan. Taking advantage of the situation, Atty. Tan forged a deed of sale, making it appear that he had bought the couple’s property in Quezon City. In 2000, he succeeded in obtaining a TCT over the property in his name. Subsequently, Atty. Tan sold the same property to Luis, who built an auto repair shop on the property. In 2004, Luis registered the deed of conveyance, and title over the property was transferred in his name.

(b).

An

action

against

the

National

Treasurer for compensation from the State Assurance Fund which is set aside by law to pay those who lose their land suffer damages as a consequence of the operation of the Torrens system; (c). A criminal action for forgery or falsification of public document; (d).

A

complaint

with

the

Supreme

Court/Integrated Bar of the Philippines to

disbar

or

suspend

him

or

other

disciplinary action for violation or the Code of Professional Ethics. Any action against Luis will not prosper

In 2006, the spouses Teodoro and Anita

because he is an innocent purchaser for

came to the Philippines for a visit and

value. The Title to the land he bought

discovered what had happened to their

was already in the name of the person

property. They immediately hire you as

who sold the property to him, and there

lawyer. What action or actions will you

is nothing on the title which will make

institute in order to vindicate their rights?

him suspect about the fraud committed

Explain fully. (4%)

by Atty. Tan.

SUGGESTED ANSWER:


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Contracts

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Rescission of Contract; Fortuitous Event (2008)

Contract to Sell vs. Conditional Contract of Sale (2012)

No.XVIII. AB Corp. entered into a contract with XY Corp. whereby the former agreed to

No.X.a) A contract to sell is the same as a

construct

the

research

and

laboratory

conditional contract of sale. Do you agree?

facilities of the latter. Under the terms of


the contract, AB Corp. agreed to complete the facility in 18 months, at the total

SUGGESTED ANSWER:

contract price of P10 million. XY Corp. paid

No. A contract to sell is a species of conditional sale. The contract to sell does not sell a thing or property; it sells the right to buy property. A conditional sale is a sale subject to the happening or performance of a condition, such as payment of the full purchase price, or the performance of other prestation to give, to do or not to do. Compliance with the condition automatically gives the right to the vendee to demand the delivery of the object of the sale. In a contract

to

sell,

however,

the

compliance with the condition does not automatically sell the property to the vendee. It merely gives the vendee the

50% of the total contract price, the balance to be paid upon completion of the work. The work stated immediately, but AB Corp. later experienced work slippage because of labor unrest

in

his

company.

AB

Corp.'s

employees claimed that they are not being paid on time; hence, the work slowdown. As of the 17th month, work was only 45% completed. AB Corp. asked for extension of time, claiming that its labor problems is a case of fortuitous event, but this was denied by XY Corp. When it became certain that the contruction could not be finished on time, XY Corp. sent written notice cancelling the contract, and requiring AB Corp. to immediately vacate the premises.

right to compel the vendor to execute

(A). Can the labor unrest be considered a

the deed of absolute sale.

fortuitous event? (1%) SUGGESTED ANSWER: No.

The

labor

unrest

cannot

be

considered a fortuitous event under Art. 1174 of the Civil Code. A fortuitous event should occur independent of the “Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige

Page 90 of 180


will

of

the

debtor

[email protected]

or

without

his

participation or aggravation (Paras, Civil

[email protected]


Code Annotated, vol. IV, 2000 ed., p 159). As mentioned in the facts, labor

(A). A clause in an arbitration contract

unrest of the employees was caused by

granting one of the parties the power to

AB Corp.'s failure to pay its employees

choose more arbitrators than the other

on time.

renders the arbitration contract void. (1%)

(B).

Can

XY

Corp.

unilaterrally

and

SUGGESTED ANSWER: True. The Civil Code provides that “Any

immediately cancel the contract? (2%)

clause giving one of the parties power to SUGGESTED ANSWER:

choose more arbitrators than the other is void and of no effect” (Art 2045, NCC).

No, XY Corp. cannot unilaterally and

Obligations

immediately cancel the contract. In the absence of any stipulation for automatic rescission, rescission must be judicial (Art. 1191, Civil Code). (C).

Must

AB

Corp.

Extinguishment; Compensation (2009) No.XV. Sarah had a deposit in a savings

return

the

50%

downpayment? (2%) SUGGESTED ANSWER:

account with Filipino Universal Bank in the amount

of

five

million

pesos

(P5,000,000.00). To buy a new car, she obtained a loan from the same bank in the amount of P1,200,000.00, payable in twelve

AB Corp. need not return the 50% down

monthly installments. Sarah issued in favor

payment because 45% of the work was

of the bank post-dated checks, each in the

already completed, otherwise, XY Corp.

amount of P100,000.00, to cover the twelve

would be unjustly enriching itself at the

monthly installment payments. On the

expense of AB Corp.

third,

fourth

and

fifth

months,

the

corresponding checks bounced. The Stipulation; Arbitration Clause (2009)

bank

then

declared

the

whole

obligation due, and proceeded to deduct the amount

of

one

million

pesos


(P1,000,000.00) from Sarah’s deposit after


notice to her that this is a form of


Page 91 of 180


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compensation allowed by law. Is the bank

[email protected]

Extinguishment; Compensation (2008)

correct? Explain. (4%) No. XV. Eduardo was granted a loan by SUGGESTED ANSWER:

XYZ Bank for the purpose of improving a

No, the bank is not correct. While the

building

Bank is correct about the applicability of

Eduardo, executed the promissory note

compensation, it was not correct as to

("PN") in favor of the bank, with his friend

the amount compensated.

Recardo as co-signatory. In the PN, they both

which

XYZ

acknowledged

leased

that

from

him.

they

are

A bank deposit is a contract of loan,

"individually and collectively" liable and

where the depositor is the creditor and

waived the need for prior demand. To

the bank the debtor. Since Sarah is also

secure the PN, Recardo executed a real

the debtor of the bank with respect to

estate mortgage on his own property. When

the loan, both are mutually principal

Eduardo defaulted on the PN, XYZ stopped

debtors and creditors of each other. Both

payment of rentals on the building on the

obligation

and

ground that legal compensation had set in.

liquidated but only up to the extent of

Since there was still a balance due on the

P300,000.00 (covering the unpaid third,

PN

fourth and fifth monthly installments).

foreclosed the real estate mortgage over

The entire one million was not yet due

Recardo's property. Recardo opposed the

because the loan has no acceleration

foreclosure on the ground that he is only a

clause in case of default. And since there

co-signatory; that no demand was made

is

upon him for payment, and assuming he is

no

are

due,

retention

commenced

or

the

rentals,

XYZ

the

half the balance of the loan. Further,

debtor, then all the requisites of legal

Recardo said that when the bank invoked

compensation are present but only up to

compensation between the reantals and the

the amount of P300,000.00. The bank,

amount of the loan, it amounted to a new

therefore, may deduct P300,000.00 from

contract or novation, and had the effect of

Sarah’s

extinguishing the security since he did not

compensation.

in

due

deposit

person

applying

liable, his liability should not go beyond

bank

third

controversy

after

and

communicated

by

demandable

time

by

to

way

of

give his consent (as owner of the property under the real estate mortgage) thereto. (A). Can XYZ Bank validly assert legal compensation? (2%)


Page 92 of 180


[email protected]

SUGGESTED ANSWER:

[email protected]

ground that legal compensation had set in. Since there was still a balance due on the

Yes, XYZ Bank can validly assert legal

PN

compensation. In the present case, all of

foreclosed the real estate mortgage over

the elements of legal compensation are


present: (1) XYZ Bank is the creditor of

foreclosure on the ground that he is only a

Eduardo while Eduardo is the lessor of

co-signatory; that no demand was made

XYZ Bank; (2) both debts consist in a


sum of money, or if the things due are

liable, his liability should not go beyond

consumable, they be of the same kind,

half the balance of the loan. Further,

and also of the same quality if the latter

Recardo said that when the bank invoked

has been stated; (3) the two debts be

compensation between the reantals and the

due;

and

amount of the loan, it amounted to a new

demandable, and (5) over neither of them

contract or novation, and had the effect of

there be any retention or controversy,

extinguishing the security since he did not

commenced

give his consent (as owner of the property

(4)

they

by

be

liquidated

third

persons

and

communicated in due time to the debtor

after

applying

the

rentals,

XYZ

under the real estate mortgage) thereto.

(Art. 1279, Civil Code). (C). Does Recardo have basis under the Civil Code for claiming that the original contract was novated? (2%)

Extinguishment; Novation (2008) No. XV. Eduardo was granted a loan by

SUGGESTED ANSWER:

XYZ Bank for the purpose of improving a

No. Recardo has no basis for claiming

building

him.

novation of the original contract when

Eduardo, executed the promissory note

the bank invoked compensation because

("PN") in favor of the bank, with his friend

there was simply partial compensation

Recardo as co-signatory. In the PN, they

(Art. 1290, Civil Code) and this would

both

not bar the bank from recovering the

which

XYZ

acknowledged

leased

that

from

they

are

"individually and collectively" liable and

remaining balance of the obligation.

waived the need for prior demand. To secure the PN, Recardo executed a real

ALTERNATIVE ANSWER:

estate mortgage on his own property. When Eduardo defaulted on the PN, XYZ stopped

No. In order that an obligation may be


extinguished by another, it is imperative


Page 93 of 180


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that it be so declared in unequivocal

or creditors (Philippine Airlines v. CA

terms,

and

or

that

the

old

and

new

Amelia

Tan,

G.R.

No.

L-49188,

obligations be on every point compatible

1990). Mere delivery of checks does not

with

discharge

each

other.

Novation

is

never

presumed (Art. 1292, Civil Code).

the

obligation

under

a

judgment. A check shall produce the effect of payment only when they have been cashed or where through the fault

Extinguishment;

Payment

of

Check

(2013) No.VI. Lito obtained a loan of P1,000,000 from Ferdie, payable within one year. To secure payment, Lito executed a chattel mortgage on a Toyota Avanza and a real estate mortgage on a 200-square meter piece of property. (B) Lito's failure to pay led to the extrajudicial foreclosure of the mortgaged real property. Within a year from foreclosure, Lito tendered a manager's check to Ferdie to redeem the property. Ferdie refused to accept payment on the ground that he wanted payment in cash: the check does not qualify as legal tender and does not include the interest payment. Is Ferdie's refusal justified? (4%) SUGGESTED ANSWER:

of the creditor they have been impaired (Art 1249, Civil Code). However, it is not necessary that the right of redemption be exercised by delivery of legal tender. A check may be used

for

the

exercise

of

right

of

redemption, the same being a right and not an obligation. The tender of a check is sufficient to compel redemption but is not in itself a payment that relieves the redemptioner from his liability to pay the redemption price (Biana v. Gimenez, G.R. No. 132768, Sept 9, 2005, citing Fortunado v. CA). Redemption within the period allowed by law is not a matter of intent but a question of payment or valid tender of full redemption prices within the said period. Whether redemption is being made under Art. 3135 or under the General Banking Law, the mortgagor or

A check, whether a manager’s check or

his

assignee is required to tender

an ordinary check is not legal tender,

payment to make said redemption valid

and an offer of a check in payment of a

(Heirs of Quisumbing v. PNB and SLDC,

debt is not a valid tender of payment

G.R. No. 178242, Jan 20, 2009).

and may be refused receipt by the oblige


Page 94 of 180


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Moreover, Ferdie’s refusal was justified

there has been extraordinary deflation since

on the ground that the amount tendered

1998, and therefore, Felipe should pay him

does not include interest. In order to

the value of the debt at the time it was

effect the redemption of the foreclosed

incurred. Felipe refused to pay him again,

property, the payment to the purchaser

claiming that Gustavo is estopped from

must include the following sums: (a) the

raising the issue of legal tender, having

bid price; (b) the interest on the bid

accepted the check in March, and that it

price, computed at one per centum (1%)

was Gustavo's negligence in not depositing

per month; and (c) the assessments and

the check immediately that caused the

taxes, if any, paid by the purchaser with

check to become stale.

the same rate of interest (Sec 28, 1997 Rules of Civil Procedure). Unless there is

(A). Can Gustavo now raised the issue that

an express stipulation to that effect, the

the cashier's check is not legal tender? (2%)

creditor cannot be compelled to receive partial payment of the prestation (Art. 1248, Civil Code).

SUGGESTED ANSWER: No. Gustavo previously accepted a check as payment. It was his fault why the check became stale. He is now estopped

Extinguishment;

Payment

of

Check;

check is not legal tender.

Legal Tender (2008) No.

XVII.

Felipe

borrowed

$100

from

Gustavo in 1998, when the Phil P - US$ exchange rate was P56 - US$1. On March 1, 2008, Felipe tendered to Gustavo a cashier's check in the amount of P4,135 in payment of his US$ 100 debt, based on the Phil P - US$ exchange rat at that time. Gustavo accepted the check, but forgot to deposit it until Sept. 12, 2008. His bank refused to accepted the check because it had become stale. Gustavo now wants Felipe to pay him in cash the amount of P5,600.

Claiming

from raising the issue that a cashier's

that

the

previous

payment was not in legal tender, and that

(B).

Can

Felipe

validly

refuse

to

pay

Gustavo again? (2%) SUGGESTED ANSWER: Yes, Felipe can refuse to pay Gustavo, who allowed the check to become stale. Although a check is not legal tender (Belisario v. Natividad. 60 Phil 156), there

are

instances

when

a

check

produces the effects of payment, for example: (a) when the creditor is in estoppel or he had previously promised he would accept a check (Paras, Civil


Page 95 of 180


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Code Annotated, Vol IV, 2000 ed., p.

secure the PN, Recardo executed a real

394); (b) when the check has lost its

estate mortgage on his own property. When

value because of the fault of the creditor

Eduardo defaulted on the PN, XYZ stopped

(Art. 1249, 2nd par.),as when he was


unreasonably delayed in presenting the

ground that legal compensation had set in.

check for payment (PNB v. Seeto, G.R.

Since there was still a balance due on the

No, L-4388, 13 August 1952).

PN

after

applying

the

rentals,

XYZ

foreclosed the real estate mortgage over (C). Can Felipe compel Gustavo to receive


US$100 instead? (1%)

foreclosure on the ground that he is only a co-signatory; that no demand was made

SUGGESTED ANSWER:


Felipe cannot compel Gustavo to receive US$100 because under RA 529, payment of loans should be at Philippine currency at the rate of exchange prevailing at the time of the stipulated date of payment. Felipe could only compel Gustavo to receive US$ 100 if they stipulated that obligation be paid in foreign currency (R.A. 4100).

liable, his liability should not go beyond half the balance of the loan. Further, Recardo said that when the bank invoked compensation between the reantals and the amount of the loan, it amounted to a new contract or novation, and had the effect of extinguishing the security since he did not give his consent (as owner of the property under the real estate mortgage) thereto. (B). Can Recardo's property be foreclosed to pay the full balance of the loan? (2%)

Liability; Solidary Liability (2008)

SUGGESTED ANSWER:

No. XV. Eduardo was granted a loan by XYZ Bank for the purpose of improving a building

which

XYZ

leased

from

him.

Eduardo, executed the promissory note ("PN") in favor of the bank, with his friend Recardo as co-signatory. In the PN, they both

acknowledged

that

they

are

"individually and collectively" liable and waived the need for prior demand. To

Yes,

Recardo's

property

can

be

foreclosed to pay the full balance of the loan because when he signed as cosignatory in the promissory note, he acknowledged he is solidarily liable with Eduardo.

In

solidary

obligations,

a

creditor has the right to demand full payment of the obligation from any of


Page 96 of 180


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the solidary debtors (Art. 1207, Civil

latter, is obliged to continue the same

Code).

until the termination of the affair and its

situations

giving

five rise

to

examples

of

this

of

type

to

require

concerned

to

substitute

the

person

him,

if

the

2144, NCC).

No.V. What are obligations without an Give

or

owner is in a position to do so (Art.

Obligations; Without Agreement (2007)

agreement"?

incidents,

obligations? (10%)

Second

example,

indebiti

may

also

a

case give

of

solutio

rise

to

an

obligation without an agreement. This refers to the obligation to return which arises when something is received when

SUGGESTED ANSWER:

there is no right to demand it, and it was

"Obligations without an agreement" are

unduly delivered through mistake (Art.

obligations

2154, NCC).

that

do

not

arise

from

contract such as those arising from: 1. delicts;

2.

quasi-delicts;

3.

solutio

indebiti; 4. negotiorum gestio; and 5. all other obligations arising from law.

Third example, is when without the knowledge of the person obliged to give support, it is given by a stranger, the latter shall have a right to claim the same from the former, unless it appears

ALTERNATIVE ANSWER:

that he gave it out of piety and without "Obligations without an agreement" refer

intention of being repaid (Art. 2164,

to the juridical relation of quasi-contract

NCC).

which

arise

from

certain

lawful,

voluntary and unilateral acts to the end

Fourth

example,

is

when

through

that no one shall be unjustly enriched or

accident or other causes a person is

benefited at the expense of another. (Art.

injured or becomes seriously ill, and he

2142, NCC)

is treated or helped while he is not in a condition to give consent to a contract,

First Example of an obligation without

he shall be liable to pay for the services

an agreement is a case of negotiorum

of the physician or other person aiding

gestio,

whereby

him,

takes

charge

one of

who the

voluntarily agency

or

management of the business or property

unless

the

service

has

been

rendered out of pure generosity (Art. 2167, NCC).

of another without any power from the “Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige

Page 97 of 180


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not,

[email protected]

Fifth instance of an obligation without

ought

in

equity

and

good

an agreement is when the person obliged

conscience, to hold (Heirs of Lorenzo

to support an orphan or an insane or

Yap v. CA, 371 Phil 523, 1991). The

other indigent person unjustly refuses to

following are examples of constructive

give support to the latter, any third

trust: 1. Art. 1456 NCC which provides:

person may furnish support to the needy

"If property is acquired through mistake

individual, with right of reimbursement

or fraud, the person obtaining it is, by

from the person obliged to give support.

force of law considered a trustee of an

The provisions of this article apply when

implied trust for the benefit of the

the father or mother of a child under

person for whom the property comes." 2.

eighteen years of age unjustly refuses to

Art 1451 NCC which provides: "When

support him (Art. 2166, NCC).

land passes by succession through any person and he causes the legal title to be

Trust

put in the name of another, a trust is established by implication of law for the

Trust De Son Tort (2007)

benefit of the true owner." 3. Art 1454 NCC which provides: "If an absolute

No.III. Explain the following concepts and

conveyance of property is made in order

doctrines and give an example of each:

to

(A).

concept

of

trust de

son

tort (constructive trust) (5%)

secure

the

performance

of

an

obligation of the grantor toward the grantee, a trust by virtue of law is established. If the fulfillment of the obligation is offered by the grantor when

SUGGESTED ANSWER:

it becomes due, he may demand the

A constructive trust is a trust NOT

reconveyance of the property to him." 4.

created by any word or phrase, either

Art 1455 NCC which provides: "When any

expressly or impliedly, evincing a direct

trustee, guardian or any person holding a

intention to create a trust, but is one

fiduciary relationship uses trust funds

that

the

for the purchase of property and causes

demands of justice. It does not come

conveyance to be made to him or to

about by agreement or intention but

third person, a trust is established by

mainly operation of law and construed as

operation of law in favor of the person to

a trust against one who, by fraud, duress

whom the funds belong."

arises

in

order

to

satisfy

or abuse of confidence, obtains or holds the legal right to property which he “Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige

Page 98 of 180


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Sales

advanced

for

[email protected]

her

employees (biyaheros).

She required them to surrender TCT of Condominium

Act;

Partition

of

a

Condominium (2009) No.XVIII.

The

Ifugao

Arms

is

a

strong earthquake occurred which left huge cracks in the outer walls of the building. As a result, a number of condominium units were rendered unfit for use. May Edwin, owner of one of the condominium units affected, legally sue for partition by sale of the whole project? Explain. (4%)

Yes, Edwin may legally sue for partition of

the

whole

condominium

project under the following conditions: (a) the damage or destruction caused by the earthquake has rendered one-half (1/2)

or

more

of

the

untenantable,

and

condominium

owners

(b)

units

therein

that holding

the an

aggregate of more than thirty percent (30%) interests of the common areas are opposed

to

the

and

to

execute

the

Domeng Bandong was not required to post any security but when Eulalia discovered that

he

incurred

shortage

in

cattle

procurement operation, he was required to execute a Deed of Sale over a parcel of land in favor of Eulalia. She sold the property to her

grandneice

Jocelyn

who

thereafter

instituted an action for ejectment against the Spouses Bandong. To assert their right, Spouses Bandong filed

SUGGESTED ANSWER: sale

properties

corresponding Deeds of Sale in her favor.

condominium project in Baguio City. A

by

their

restoration

of

the

an action for annulment of sale against Eulalia and Jocelyn alleging that there was no

sale

intended

but

only

equitable

mortgage for the purpose of securing the shortage

incurred

by

Domeng

in

the

amount of P 70, 000.00 while employed as "biyahero" by Eulalia. Was the Deed of Sale between Domeng and Eulalia a contract of sale or an equitable mortgage? Explain. (5%) SUGGESTED ANSWER:

condominium project (Sec 8 [b], Republic Act No. 472 “Condominium Act”).

The contract between Domeng Bandong and Eulalia was an equitable mortgage rather than a contract of sale. The

Mortgage; Equitable Mortgage (2012)

purported deed of sale was actually intended to merely secure the payment

No.VI. (b) Eulalia was engaged in the

of the shortage incurred by Domeng in

business of buying and selling large cattle.

the

In order to secure the financial capital, she

operations. Under Art 1602, Civil Code,

conduct

of

the

cattle-buying


Page 99 of 180


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the contract shall be presumed to be an

offering P800,000 in ready cash for the

equitable mortgage when it may be fairly

land. When Roberto confirmed that he

inferred that the real intention of the

could pay in cash as soon as Sergio could

parties is simply to secure the payment

get

of a debt or the performance of any

decided to withdraw his offer to Marcelo,

other obligation. The present transaction

hoping to just explain matters to his friend.

was clearly intended to just secure the

Marcelo,

shortage incurred by Eulalia because

withdrawal was communicated to him,

Bandung remained in possession of the

taking the position that they have a firm

property inspite of the execution of the

and binding agreement that Sergio cannot

sale.

simply walk away from because he has an

the

documentation

however,

ready,

objected

Sergio

when

the

option to buy that is duly supported by a duly accepted valuable consideration. Option Contract; Liquor & “Pulutan” as Consideration (2013)

against Sergio? (5%)

No.III.Sergio is the registered owner of a 500-square meter land. His friend, Marcelo, who

has

long

been

(A) Does Marcelo have a cause of action

interested

in

the

property, succeeded in persuading Sergio to

SUGGESTED ANSWER: Yes. Marcelo has a cause of action against Sergio.

sell it to him. On June 2, 2012, they agreed on the purchase price of P600,000 and that

Under Art. 1324, when the offerer has

Sergio would give Marcelo up to June30,

allowed the offeree a certain period to

2012 within which to raise the amount.

accept, the offer may be withdrawn at

Marcelo, in a light tone usual between

any

them, said that they should seal their

communicating such withdrawal, except

agreement through a case of Jack Daniels

when

Black and P5,000 "pulutan" money which

consideration,

he immediately handed to Sergio and which

promised.

time the

before option as

acceptance is

founded

something

by upon

paid

or

the latter accepted. The friends then sat down and drank the first bottle from the

An accepted unilateral promise to buy or

case of bourbon.

sell a determinate thing for a certain

is

binding

upon

him

price if

the

On June 15, 2013, Sergio learned of

promise is supported by a consideration

another

distinct

buyer,

Roberto,

who

was

from

the

price

(Art.

1479).


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Consideration in an option contract may

The

Statute

be anything of value,, unlike in sale

agreement for the sale of real property

where it must be the price certain in

or

money or its equivalent (San Miguel

agreement is unenforceable by action,

Properties Inc. v. Spouses Huang, G.R.

unless

No. 137290, July 31, 2000).

memorandum, thereof, be in writing,

of

of

an the

Frauds

interest same,

covers

therein.

or

some

an Such

note

or

(Art. 1403 (e), Civil Code). Here, Marcelo Here, the case of Jack Daniels Black and

and

the P5,000.00 “pulutan” money was a

Option

consideration to “seal their agreement,”

unilateral promise to buy or sell, which

an agreement that Marcelo is given until

need not be in writing to be enforceable

June 30, 2012 to buy the parcel of land.

(Sanchez v. Rigos, G.R. No. L-25494,

There is also no showing that such

June 14, 1972, citing Atkins, Kroll and

consideration will be considered part of

Co.

the

Southwestern Sugar & Molasses Co. v.

purchase

unilateral

price.

withdrawal

Thus, of

Sergio’s

the

offer

Sergio

merely

Contract,

Inc.

v.

entered

which

Cua

into

refers

Hian

an

to

Tek

a

and

Atlantic Gulf & Pacific Co.).

violated the Option Contract between him and Marcelo.

ALTERNATIVE ANSWER:

(B) Can Sergio claim that whatever they

No. Sergio’s claim has no legal basis.

might have agreed upon cannot be enforced because any agreement relating to the sale

The contract of sale has already been

of real property must be supported by

partially executed which takes it outside

evidence in writing and they never reduced

the ambit of the Statute of Frauds is

their agreement to writing? (3%)

applicable only to executory contracts, not to contracts that are totally or

SUGGESTED ANSWER:

partially performed (Carbonnel v. Poncio, G.R. No. L-11231, May 12, 1958).

No. Sergio’s claim has no legal basis. The contract at issue in the present case is the option contract, not the contract

Right of First Refusal; Lessee; Effect

of sale for the real property. Therefore,

(2008)

Art. 1403 does not apply. No.XVI. Dux leased his house to Iris for a period of 2 years, at the rate of P25,000.00


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monthly, payable annually in advance. The

refusal. This makes the mother a buyer

contract stipulated that it may be renewed

in bad faith, hence giving more ground

for another 2-year period upon mutual

for

agreement of the parties. The contract also

(Equatorial

granted Iris the right of first refusal to

Theater, G.R. No. 106063, 21 Nov. 1996).

rescission

of

Realty,

the et

sale al.

v.

to

her

Mayfair

purchase the property at any time during the lease, if Dux decides to sell the property at the same price that the property is offered for sale to a third party. Twentythree months after execution of the lease contract, Dux sold breach of her right of first refusal. Dux said there was no breach because the property was sold to his mother who is not a third party. Iris filed an action to rescind the sale and to compel Dux to sell the property to her at the same price. Alternatively, she asked the court to

ALTERNATIVE ANSWER: No, Iris cannot seek rescission of the sale of the property to Dux’s mother because the sale is not one of those rescissible contracts under Art. 1381 of the Civil Code. (B). Will the alternative prayer for extension of the lease prosper? (2%) SUGGESTED ANSWER:

extend the lease for another 2 years on the No. The contract stipulated that it may

same terms.

be renewed for another 2-year period (A). Can Iris seek rescission of the sale of

upon mutual agreement of the parties.

the property to Dux's mother? (3%)

Contracts

are

binding

between

the

parties; validity or compliance cannot be

SUGGESTED ANSWER:

left to the will of one of the parties (Art.

Yes, because the right of first refusal is included in the contract signed by the parties. Only if the lessee failed to

1308, Civil Code). ALTERNATIVE ANSWER:

exercise the right of first refusal could

It depends. The alternative prayer for

the

subject

the extension of the lease may prosper if

property to others, under no less than

(a) there is a stipulation in the contract

the

conditions

of sale; (b) Dux's mother is aware of the

previously offered to the lessee. Granting

existing contract of lease; or (c) the lease

that the mother is not a third party, this

is recorded in the Registry of Property

would make her privy to the agreement

(Art. 1676, Civil Code).

lessor same

lawfully terms

sell and

the

of Dux and Iris, aware of the right of first “Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige

Page 102 of 180


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Lease

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reimbursed the value of the improvements he introduced. (4%)

Builder;

Good

Faith;

Useful

Improvements (2013) No.IV.Anselmo is the registered owner of a land and a house that his friend Boboy occupied for a nominal rental and on the condition that Boboy would vacate the property

on

demand.

With

Anselmo's

knowledge, Boboy introduced renovations consisting of an additional bedroom, a covered veranda, and a concrete block fence, at his own expense.

SUGGESTED ANSWER: Boboy’s claim that he is a builder in good faith has no basis. A builder in good faith

is

someone

who

occupies

the

property in concept of an owner. The provisions

on

builder-planter-sower

under the Civil Code cover cases in which the builder, planter and sower believe themselves to be owners of the land, or at least, to have a claim of title thereto.

Subsequently, Anselmo needed the property as his residence and thus asked Boboy to vacate and turn it over to him. Boboy, despite an extension, failed to vacate the property, forcing Anselmo to send him a written demand to vacate.

As Boboy is a lessee of the property, even if he was paying nominal rental, Art. 1678, Civil Code, is applicable. Under

this

makes,

provision,

in

good

if

the

lessee

faith,

useful

improvements which are suitable to the

In his own written reply, Boboy signified

use for which the lease is intended,

that he was ready to leave but Anselmo

without altering the form or substance of

must first reimburse him the value of the

the property leased, the lessor upon the

improvements

termination of the lease, shall pay the

he

introduced

on

the

property as he is a builder in good faith.

lessee

Anselmo

Boboy

improvements at that time. Should the

cannot ask for reimbursement as he is a

lessor refuse to reimburse said amount,

mere lessee. Boboy responded by removing

the

the improvements and leaving the building

improvements,

even

in its original state.

principal

may

refused,

insisting

that

one-half

lessee thing

of

may

the

value

of

remove

the

though

the

suffer

damage

thereby. (IVa) Resolve Boboy's claim that as a builder

in

good

faith,

he

should

be


Page 103 of 180


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(IVb) Can Boboy be held liable for damages

lease contracts between Jude and his

for

tenants? Explain your answer. (3%)

removing

the

improvements

over

Anselmo's objection? (4%) SUGGESTED ANSWER: SUGGESTED ANSWER:

Yes, Ildefonso must respect the lease contracts between Jude and his tenants.

No. Boboy cannot be held liable for

While it is true that the said lease

damages.

contracts

The

lessor,

Anselmo,

refused

to

reimburse one-half of the value of the improvements, so the lessee, Boboy, may remove principal thereby.

the

same,

thing If

in

improvements

even

may

suffer

removing Boboy

though

the

damage

the

useful

caused

more

impairment in the property leased than is necessary he will be liable for damages (Art. 1678, Civil Code).

were

not

registered

and

annotated on the title to the property, Ildefonso

is

still

not

an

innocent

purchaser for value. He ought to know the existence of the lease because the building was already occupied by the tenants

at

the

time

he

bought

it.

Applying the principle of caveat emptor, he should have checked and known the status of the occupants of their right to occupy the building before buying it.

Agency Lease; Caveat Emptor (2009)

Agency; Sale of a Real Property through

No.VIII. Jude owned a building which he had leased to several tenants. Without informing

his

tenants,

Jude

sold

the

building to Ildefonso. Thereafter, the latter notified all the tenants that he is the new owner of the building. Ildefonso ordered the tenants to vacate the premises within thirty

an Agent (2010) No.XVI. X was the owner of an unregistered parcel of land in Cabanatuan City. As she was abroad, she advised her sister Y via overseas call to sell the land and sign a contract of sale on her behalf.

(30) days from notice because he had other

Y thus sold the land to B1 on March 31,

plans for the building. The tenants refused

2001 and executed a deed of absolute sale

to vacate, insisting that they will only do so

on behalf of X. B1 fully paid the purchase

when the term of their lease shall have

price.

expired. Is Ildefonso bound to respect the


Page 104 of 180


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B2, unaware of the sale of the land to B1,

double sales of an immovable property,

signified to Y his interest to buy it but

the

asked Y for her authority from X. Without

person who is in good faith was first in

informing X that she had sold the land to

possession and in the absence thereof to

B1, Y sought X for a written authority to

the person who presents the oldest title,

sell.

provide there is good faith.

X e-mailed Y an authority to sell the land. Y

In a case, the Supreme Court has held

thereafter sold the land on May 1, 2001 to

that in a sale of real estate the execution

B2 on monthly installment basis for two

of

years, the first installment to be paid at the

tantamount to delivery of the possession

end of May 2001.

of the property sold. The ownership of

ownership

a

shall

notarial

pertain

document

to

of

the

sale

is

the land therefore pertains to the first Who between B1 and B2 has a better right

buyer. It may also be mentioned that

over the land? Explain. (5%)

under Art 3344 no instruments or deed establishing,

SUGGESTED ANSWER: B-2 has a better title. This is not a case of double sale. Since the first sale was void. The law provides that when a sale of a piece of land or any interest therein is through an agent, the authority of the

acknowledging,

Hence, the sale to B1 was void. ALTERNATIVE ANSWER:

or

registered under Act 496 shall be valid except as between the parties. Thus, the Deed of Sale of B-2 has no binding effect on B-1.

Partnership

sale shall be void (Art 1874, NCC). The written authority from the owner X.

modifying,

extinguishing right to real property not

latter shall be in writing; otherwise, the property was sold by Y to B1 wihtout any

transmitting,

Liability; Liability of a Partner (2010) No.XV.

A,

partnership

B,

and

to

C

operate

entered a

into

a

restaurant

business. When the restaurant had gone

Under the facts, B-1 has a better right to

past break-even stage and started to garner

the land. Given the fact that the Deed of

considerable profits, C died. A and B

Sale in favor of B-1 and B-2 are not

continued the business without dissolving

inscribed in the Registry of Deeds, the

the partnership. They in fact opened a

case is governed by Art 1544 of the New

branch

Civil Code which provides that in case of

obligations in the process. Creditors started

of

the

restaurant,

incurring


Page 105 of 180


demanding

for

[email protected]

the

payment

of

their

obligations.

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individual properties shall be subject first to the payment of his separate debts (Art 1835. NCC).

(A). Who are liable for the settlement of the partnership’s obligations? Explain? (3%) SUGGESTED ANSWER:

Oral Partnership (2009)

The two remaining partners, A and B, are

No.I. TRUE or FALSE. Answer TRUE if the

liable. When any partner dies and the

statement

business


is

continued

without

any

settlement of accounts as between him

is

true,

or

FALSE

if

the


or his estate, the surviving partners are held liable for continuing the business

(C). An oral partnership is valid. (1%)

despite the death of C (Art 1841, 1785, SUGGESTED ANSWER:

par 2, and Art 1833 of NCC).

TRUE.

Partnership

is

a

consensual

(B).What are the creditors’ recourse/s?

contract, hence, it is valid even though

Explain. (3%)

not in writing.

SUGGESTED ANSWER:

ALTERNATIVE ANSWER:

Creditors actions,

can for

file

the

instance,

an

appropriate action

for

collection of sum of money against the “partnership at will” and if there are no sufficient funds, the creditors may go after the private properties of A and B (Art 816, NCC). Creditors may also sue the estate of C. The estate is not excused

from

the

liabilities

of

the

partnership even if C is dead already but only up to the time that he remained a partner (Art 1829, 1835, par 2, NCC; Testate Estate of Mota v. Serra, 47 Phil 464 [1925]). However, the liability of C’s

TRUE. An oral is a consensual of the partnership is valid even though not in writing.

However,

If

it

involves

contribution of an immovable property or a real right, an oral contract of partnership is void. In such a case, the contract of partnership to be valid, must be in a public instrument ( Art. 1771 ,NCC

),

and

the

inventory

of

said

property signed by the parties must be attached to said public instrument (Art. 1773, NCC). ALTERNATIVE ANSWER:


Page 106 of 180


TRUE.

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consensual

Yes, he is not entitled to the return of

contract, hence, it is valid even though

his contribution to the capital of the

not in writing. The oral contract of

partnership, but only to the net profits

partnership is also valid even if an

from the partnership business during the

immovable

is

life of the partnership period. If he is a

contributed thereto. While the law, in

limited partner, however, he may ask for

such a case, requires the partnership to

the

be in a public document, the law does

provided in Art 1856 and 1857, Civil

not expressly declare the contract void if

Code.

not

Partnership

is

property

executed

in

a

[email protected]

or real

the

right

required

form

inferred that the said requirement is prohibitory NCC),

the

or

mandatory

said

oral

(Article

contract

of

his

contributions

as

Commodatum & Mutuum

(Article 1409 (7 ,NCC ). And there being nothing in the law from which it can be

return

Mutuum;

Interest;

Solutio

Indebiti

(2012)

5, of

No.VI.a)

Siga-an

granted

a

loan

to

partnership must also be valid. The

Villanueva in the amount of P 540, 000.00.

interested party may simply require the

Such agreement was not reduced to writing.

contract

public

Siga-an demanded interest which was paid

document in order to comply with the

by Villanueva in cash and checks. The total

required form (Article 1357, NCC). The

amount

purpose of the law in requiring a public

to P 1, 200, 000.00. Upon advice of her

document is simply to notify the public

lawyer, Villanueva demanded for the return

about the contribution.

of the excess amount of P 660, 000.00

to

be

made

into

a

Villanueva

paid

accumulated

which was ignored by Siga-an. Share; Demand during the Existence of

(1)

Partnership (2012)

Explain. (3%)

No.X.b) A partner cannot demand the

SUGGESTED ANSWER:

Is

the

payment

of

interest

valid?

return of his share (contribution) during the existence of a partnership. Do you agree?

No, Art. 1956, Civil Code, provides that


“no interest shall be due unless it has been expressly stipulated in writing.”

SUGGESTED ANSWER: (2) Is solution indebiti applicable? Explain. (2%) “Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige

Page 107 of 180


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enforceable ( Article 1403 [2] b, NCC).The

SUGGESTED ANSWER:

validity Yes,

Solutio

because

Indebiti

Villanueva

P600,000.00

[email protected]

is

applicable

Overpaid

representing

of

the

be

Surety

interest

therefore, demand its return.

should

distinguished from its enforceability .

by

payment which is not due. He can,

contract

Surety (2010) No.III. Define, Enumerate or Explain. (2%

Guaranty

each)

Guaranty (2009)

(A).

What

is

the

difference

between

"guaranty" and "suretyship"? No.I. TRUE or FALSE. Answer TRUE if the statement

is

true,

or

FALSE

if

the


SUGGESTED ANSWER: Guaranty and Suretyship distinguished (1)The

(D). An oral promise of guaranty is valid and binding. (1%)

obligation

in

guaranty

is

secondary; whereas, in suretyship, it is primary.

SUGGESTED ANSWER :

(2) In guranty, the undertaking is to pay if

the

principal

debtor

cannot

pay;

FALSE. An oral contract of guaranty,

whereas, in suretyship, the undertaking

being a special promise to answer for the

is to pay if the principal debtor does not

debt of

pay .

another,

is

unenforceable

unless

in (3) In guranty, the guarantor is entitled

writing (Article 1403 [2] b, NCC ).

to the benefit of excussion; whereas, in suretyship the surety

ALTERNATIVE ANSWER:

is not entitled.

TRUE. An oral promise of guaranty is

(4) Liability in guaranty depends upon

valid and binding. While the contract is

an independent agreement to pay the

valid,

unenforceable

obligations of the principal if he fails to

because it is not writing . Being a special

do so; whereas, in suretyship, the surety

promise

assumes liability as a regular party.

however answer

,it for

is

the

debt,

or

miscarriage of another, the Statute of Frauds requires it to be in writing to be “Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige

Page 108 of 180


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(5)The Guarantor insures the solvency

(B). Will your answer to [a] be the same if

of the principal debtor; whereas, the

the contract stipulates that upon failure of

surety insures the debt.

Rosario to redeem the ring on due date,

(6)In

a

guaranty,

subsidiarlty suretyship,

liable; the

the

guarantor

whereas,

surety

in

binds

is a

himself

solidarity with the principal debtor (Art 2047, Civil Code).

herself

as

full

payment

of

the

loan?

Reasons. (3%)

No, my answer will be different. While the contract of pledge is valid, the stipulation authorizing the pledgee to

Pledge; Pactum Commissorium (2009) Rosario

appropriate the entire proceeds thereof for

SUGGESTED ANSWER:

Pledge

No.XVII.

Jennifer may immediately sell the ring and

obtained

a

loan

immediately sell the thing pledged is of

P100,000.00 from Jennifer, and pledged her diamond ring. The contract signed by the parties stipulated that if Rosario is unable to redeem the ring on due date, she will execute a document in favor of Jennifer providing that the ring shall automatically

void under Art 2088 of the New Civil Code, which provides that “the creditor cannot appropriate the things given by way of pledge or mortgage, or dispose of them xxx.” Jennifer cannot immediately sell by herself the thing pledged. It must be foreclosed by selling it at a public auction

be considered full payment of the loan.

in

accordance

with

the

procedure under Art 2112 of the New Civil Code.

(A). Is the contract valid? Explain. (3%)

Torts and Damages

SUGGESTED ANSWER: The contract is valid because Rosario

Damages (2012)

has to execute a document in favor of Jennifer to transfer the ownership of the

No.I. a) Roberto was in Nikko Hotel when he

pledged ring to the latter. The contract

bumped into a friend who was then on her

does

way to a wedding reception being held in

not

commissorium

amount because

to it

pactum does

not

said hotel. Roberto alleged that he was then

provide for the automatic appropriation

invited by his friend to join her at the

by the pledgee of the thing pledged in

wedding reception and carried the basket

case of default by the pledgor.

full of fruits which she was bringing to the affair.

At

the

reception,

the

wedding


Page 109 of 180


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coordinator of the hotel noticed him and

prosper. Otherwise, Roberto’s action will

asked him, allegedly in a loud voice, to

not prosper.

leave as he was not in the guest list. He retorted that he had been invited to the affair by his friend, who however denied doing

so.

Deeply

embarrassed

by

the

The hotel is liable for the wrongful acts of its employees. COMMENT:

incident, Roberto then sued the hotel for damages under Articles 19 and 21 of the Civil Code. Will Roberto’s action prosper?

The facts of the problem are almost similar to the facts of Nikko Hotel Manila

Explain. (5%)

Garden

v.

Reyes,

G.R.

No.

154259, Feb 28, 2005. In the said case, however, there is a categorical finding

SUGGESTED ANSWER:

that the hotel employee did not, exposed No. Roberto’s action will not prosper. From the facts given in the problem, the wedding coordinator did not abuse her right when she asked him to leave the wedding reception because he was not in the guest list. Hotel Nikko could not be held liable for damages as its liable

the complainant to the ridicule, shame or

embarrassment;

hence,

did

not

commit any abuse of right. The present problem makes no statement of that finding. In the contrary, the problem states that it is a mere allegation.

spring from the liability of its employee (Nikko Hotel Manila Garden v. Reyes, G.R. No. 154259, Feb 28, 2005).

Damages; Moral & Exemplary (2009)

ALTERNATIVE ANSWER:


It depends. While the hotel has the right to exclude an uninvited guest from the wedding reception, that does not give the

hotel

the

license

to

humiliate

Roberto. If the wedding coordinator of the hotel acted wrongfully e.g. with the abuse of right, unfairly, or in a matter that exposed Roberto to unnecessary ridicule

or

shame,

his

action

will

illicit affair with his secretary, Nanette, a 19-year old girl, and begot a baby girl, Rona. Nanette sued Rodolfo for damages: actual, for hospital and other medical expenses

in

delivering

the

child

by

caesarean section; moral, claiming that Rodolfo

promised

to

marry

her,

representing that he was single when, in fact, he was not; and exemplary, to teach a lesson to like-minded Lotharios.


Page 110 of 180


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(A). If you were the judge, would you award

Vinzons-Chato filed a Motion to Dismiss

all the claims of Nanette? Explain. (3%)

arguing that she cannot be held liable for damages for acts she performed while in

SUGGESTED ANSWER:

the

If Rodolfo's marriage could not have

Commissioner. Is she correct? Explain. (5%)

discharge

of

her

duties

as

BIR

been possibly known to Nanette or there is no gross negligence on the part of Nanette, Rodolfo could be held liable for moral damages.

Yes. As a general rule, a public officer is not liable for acts performed in the

If there is gross negligence in a suit for quasi-delict,

SUGGESTED ANSWER:

exemplary

could

be

awarded.

discharge of his duties. The exceptions are when he acted with malice, bad faith, or gross negligence in the performance of his duty, or when his act is in violation of a Constitutional guaranteed right and liberties of a person under

Damages; Public Officers acting in the Performance of their Duties (2012)

Art32 of the NCC. The public officer is not automatically

No.II.a) Liwayway Vinzons-Chato was then

considered to have violated the rights or

the

liberties of a person simply because the

Commissioner

of

Internal

Revenue

while Fortune Tobacco Corporation is an

rule

entity

declared

engaged

in

the

manufacture

of

the

public invalid

officer by

issued

was

court.

The

the

different brands of cigarettes, among which

complainant must still allege and prove

are

the particular injury or prejudice he has

"Champion,"

"Hope,"

and

"More"

cigarettes.

suffered

from

the

violation

of

his

constitutional right by the issuance of Fortune filed a complaint against VinzonsChato to recover damages for the alleged violation of its constitutional rights arising from Vinzons-Chato’s issuance of Revenue Memorandum Circular No. 37-934 (which re-classified Fortune cigarettes as locally manufactured with foreign brands and thereby imposed higher taxes), which the Supreme Court later declared invalid.

the invalidated rule. The problem does not state any fact from which any malice, bad faith or gross negligence on the part of VinzonsChato may be inferred, or the particular injury or prejudice the complainant may have suffered as a result of the violation of his constitutional right. Hence, she


Page 111 of 180


cannot

be

held

[email protected]

liable.

The

facts

presented are similar to facts of the case

[email protected]

the driver and the defense of diligence is not available.

of Vinzons-Chato v. Fortune, G.R. No. (B).Would your answer be the same if

141309, Dec 23, 2008.

Rommel was in the car at the time of the accident? Explain. (2%) Death Indemnity (2009)

SUGGESTED ANSWER: Yes, my answer would be the same.

No. X. Rommel’s private car, while being

Rommel, who was in the car, shall be

driven by the regular family driver, Amado,

liable for damages if he could have

hits a pedestrian causing the latter’s death.

prevented the misfortune by the use of

Rommel is not in the car when the incident

due diligence in supervising his driver

happened.

but failed to exercise it (Art. 2184, NCC).

(A). Is Rommel liable for damages to the heirs of the deceased? Explain. (2%)

Yes, my answer will be the same except

Yes, Rommel may be held liable for damages if he fails to prove that he exercised the diligence of a good father of a family (Art. 2180, par 5, NCC) in and

supervising

his

family

driver. The owner is presumed liable unless

he

proves

his driver. ALTERNATIVE ANSWER:

SUGGESTED ANSWER:

selecting

In such case, his liability is solidary with

the

defense

of

diligence. If the driver was performing his assigned task when the accident happened, Rommel shall be solidarily

that in such case the liability of the owner is not presumed. When the owner is inside the vehicle, he becomes liable only when it is shown that he could have prevented the misfortune by the use of due diligence (Art. 2184, NCC). For the owner to be held liable, the burden of proving that he could have prevented the misfortune rests on the shoulder of the victim.

liable with the driver. In

case

the

driver

is

convicted

of

reckless imprudence and cannot pay the

Doctrine of Discovered Peril (Last Clear Chance) (2007)

civil liability, Rommel is subsidiarily liable for the damage awarded against

No.III. Explain the following concepts and doctrines and give an example of each:


Page 112 of 180


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(B). doctrine of discovered peril (last clear

typhoon knocked down the fence of the

chance) (5%)

pond and the iguana crawled out of the gate of Primo’s residence. N, a neighbor

SUGGESTED ANSWER:

who was passing by, started throwing

The doctrine of last clear chance states that where the plaintiff was guilty of prior or antecedent negligence, but the defendant,

who

opportunity

to

had avoid

the the

ultimate impending

harm failed to do so, it is the defendant

stones at the iguana, drawing the iguana to move toward him. N panicked and ran but tripped on something and suffered a broken leg. Is anyone liable for N’s injuries? Explain. (4%)

who is liable for all the consequences of the accident notwithstanding the prior negligence of the plaintiff. An example is where a person was riding a pony on a bridge and improperly pulled the pony to the wrong side when he saw a car coming. The driver of the car did not stop or change direction, and nearly hit the horse, and, the frightened animal jumped to its death. The driver of the car is guilty of negligence because he had a fair opportunity to avoid the

SUGGESTED ANSWER: No one is liable. The possessor of an animal or whoever may make use of the same is responsible for the damage it may cause, although it may escape or be lost. This responsibility shall cease only in case the damage should come from force majeure or from the fault of the person who has suffered damage (Art 2183, NCC).

accident and failed to avail himself of that opportunity. He is liable under the doctrine of last clear chance (Picart v. Smith, 37 Phil. 809, 1918).

Liability;

Special

Parental

Authority

(2010) No.XII. On May 5, 1989, 16-year old

Liability; Owner of a Pet; Fortuitous

Rozanno, who was issued a student permit,

Event (2010)

drove to school a car, a gift from his parents. On even date, as his class was

No.XIV. Primo owns a pet iguana which he

scheduled to go on a field trip, his teacher

keeps in a man-made pond enclosed by a

requested him to accommodate in his car,

fence situated in his residential lot. A

as he did, four (4) of his classmates


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because the van rented by the school was

(B). How about the damage to the jeepney?

too crowded. On the way to a museum

Explain. (2%)

which the students were scheduled to visit, Rozanno made a wrong maneuver, causing a collision with a jeepney. One of his classmates died. He and the three (3) others were badly injured.

SUGGESTED ANSWER: With respect to the damages caused to the jeepney, only Rozanno should be held liable because his negligence or

(A). Who is liable for the death of Rozanno’s classmate and the injuries suffered by Rozanno and his 3 other classmates? Explain. (2%)

tortuous act was the sole, proximate and immediate cause thereof. (C). Under the same facts, except the date of occurrence of the incident, this time in mid-1994, what would be your answer?

SUGGESTED ANSWER:

Explain. (2%)

At the time the incident occurred in May 1989, Rozanno was still a minor. Being a minor, Art 218 of the Family Code applies. Pursuant to Art 218, the school, its administrators and teachers shall be liable for the acts of minor Rozanno because of the special parental authority and responsibility that they exercise over him. The authority applies to all authorized activities, whether inside or

SUGGESTED ANSWER: Since Rozanno was 16 years old in 1989, if the incident happened sometime in the middle of 1994, Rozanno have been 21 years old at the time. Hence, he was already of legal age. The law reducing the age of majority to 18 years took effect in December 1989.

the school,

Being of legal age, articles 218, 219, and

entity or institution. The field trip on

221 of the Family Code are no longer

which occasion Rozanno drove the car,

applicable. In such case, only Rozanno

was an authorized activity, and , thus,

will be personally responsible for all the

covered by the provision. Furthermore,

consequences

the parents of Rozanno are subsidiarily

school or his parents were themselves

liable pursuant to Art 219 (FC), and

also

principally liable under Art 221 (FC), if

contributed to the happening of the

they are negligent.

incident. In that event, the school or his

outside the premises

of

negligent

of

his and

act such

unless

his

negligence

parents are not liable under Art 218, 218 or 221 of the Family Code, but will be “Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige

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liable under general provision on the

court to justify the damages that your client

Civil Code on quasi-delict.

claims? (8%) SUGGESTED ANSWER:

Quasi-Delict; Claims; Requisites (2013) No.II. A collision occurred at an intersection involving a bicycle and a taxicab. Both the bicycle rider (a businessman then doing his morning

exercise)

and

the

taxi

driver

claimed that the other was at fault. Based on the police report, the bicycle crossed the intersection first but the taxicab, crossing at a fast clip from the bicycle's left, could

I will the base the claim of my client on quasi-delict under Art 2176 of the Civil Code of the Philippines. The requisites for a claim under quasi-delict to prosper are as follows: (1) Act or omission, there being fault or negligence; (2) Damage or injury; and

not brake in time and hit the bicycle's rear wheel, toppling it and throwing the bicycle

(3)

rider into the sidewalk 5 meters away.

damage and the act or omission.

The bicycle rider suffered a fractured right

The case clearly involves quasi-delict

knee, sustained when he fell on his right

where

side on the concrete side walk. He was

suffered

hospitalized

negligence

and

was

subsequently

operated on, rendering him immobile for 3

Causal

my

connection

client,

injury of

as the

the a

between

bicycle result

the

rider, of

the

over-speeding

taxi

driver, without fault on my client’s part.

weeks and requiring physical rehabilitation for another 3 months. In his complaint for

To prove actual damages aside from the

damages, the rider prayed for the award

testimony of client, I will present his

ofP1,000,000

hospital and medical bills. Receipts paid

moral

actual

damages,P200,000

damages, P200,000

damages, P1

00,000

exemplary

nominal

damages

on

the

rehabilitation

will

also

be

presented. [The sentence in red should be replaced with the following sentence

and P50,000 attorney's fees.

because he is a businessman and not an Assuming the police report to be correct

employee. Furthermore, I will present

and as the lawyer for the bicycle rider, what

income tax returns, contracts and other

evidence

testimonial)

documents to prove unrealized profits as

and legal arguments will you present in

a result of this temporary injury.] I will

(documentary

and


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also call the attending physician to

fraudulent,

reckless,

testify as to the extent of the injuries

malevolent manner. While the amount of

suffered by my client, and to corroborate

exemplary damages may not be proved,

the contents of the medical documents.

the

plaintiff

entitled

to

must moral

oppressive,

show or

that

he

or

is

compensatory

Based on Art. 2202, in quasi-delicts, the

damages.

defendant shall be liable for all damages

present the police report showing the

which

probable

circumstance under which the accident

consequences of the act or omission

took place, taking into account the

complained of. It is not necessary that

actions of the parties. I will ask the

the damages have been foreseen or could

officials who responded to the accident

have been foreseen by the defendant.

to testify as to the conduct of the

Unlike

are

the

actual

natural

damages,

and

no

proof

of

pecuniary loss is necessary in order that moral, nominal, temperate liquidated or

In

support

of

this,

I

will

parties at the time of the accident in order to determine whether defendant was guilty of gross negligence.

exemplary damages may be adjudicated.

Finally, attorney’s fees may be recovered

The assessment is left to the discretion

when exemplary damages are awarded

of the Court (Art. 2216, Civil Code).

(Art 2208, Civil Code).

There

must

be

proof

pecuniary

estimation, however. Moral damages can be recovered by my

Quasi Tort (2010)

client under Articles 2219 and 2200. Moral damages may be recovered in case

No.III. Define, Enumerate or Explain. (2%

of

each)

a

quasi-delict

causing

physical

injuries. Additionally, it must be proved that such damages were the proximate result of the act complained of. Medical certificates will be presented, along with the testimony from my client and other eyewitness accounts, in order to support the award for moral damages.

defendant

acted

in

liable under quasi torts and what are the defenses available to them? Note: It is recommended that the examiner exercise leniency and liberality in grading the answers given to this question. The term

Exemplary damages may be granted if the

(B). Define quasi tort. Who are the persons

wanton,

quasi-tort is not part of legal developments in civil law. In Philippine legal tradition, quasi-


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delict has been treated as the closest civil

who can be held liable and their defenses

law equivalent of the common law tort. In

would also apply.

fact,

in

a

decisions,

number the

two

of

Supreme

terms

have

Court been

Those liable for quasi-delict include:

considered synonymous. In reality, however,

(1)

the common law tort is much broader in

causing damage to another through fault

scope than the civil law quasi-delict. In

or negligence ( Article 2176 NCC ); and

recent developments in common law, the

(2)

concept of “quasi-torts” can be considered as

Article 2180 (NCC ).

Those

tortfeasor

Persons

or

vicariously

the

person

liable

under

the closest common law equivalent of the civil law concept of quasi-delict. This is because it is argued that the growing

The defenses available include:

recognition of quasi-torts as a source of

(a) That the defendant was not negligent

obligation is hinged on the acceptance at

or that he exercised due diligence (

common law of the civil law principles of

Article 2176 NCC );

quasi-delict. (b) SUGGESTED ANSWER:

That

negligent

Quasi -tort is a legal concept upholding the doctrine that some legal duty exists

although his

the

defendant

negligence

is

not

is the

proximate cause of the injury ( Article 2179 NCC );

that cannot be classified strictly as a

(c) That the plaintiff's own negligence

personal duty (thus resulting in a tort),

was the immediate and proximate cause

nor as a contractual duty but rather

of his injury ( Article 2179 NCC );

some other kind of duty recognizable by the law. ” Tort “ or ” Quasi-tort” is an

(d ) That the person vicariously liable

Law

has observed all the diligence of a good

concept, while “Delict” or “Quasi-Delict“

father of a family to prevent damage (

is

Article 2180 NCC ); and

Anglo a

American Civil

Law

or

Common

concept

(Wikipedia

encyclopedia).

(e)

That

the

cause

of

action

prescribed after the lapse

ALTERNATIVE ANSWER:

has

s (Article

2179 NCC ). Quasi

-tort

is

considered

as

the

equivalent of quasi-delict. Hence the

The

fact

that

the

plaintiff

had

rules of the latter pertaining to persons

committed contributory negligence is a partial defense (Art 2179, NCC).


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MULTIPLE CHOICE

per

Taxation

Law

and

not

by

right

of

representation (Art 975, Civil Code)

QUESTIONS 2013

capita,

[email protected]

Exam

MCQ (October 13, 2013)

I. (2) How much is Dante's share in the net estate? (1%) (A) P150,000. (B) P200,000.

I. Armand died intestate. His full-blood

(C) P300,000.

brothers, Bobby and Conrad, and half-

(D) P400,000.

blood brothers, Danny, Edward and Floro,

(E) None of the above.

all predeceased him. The following are the surviving relatives:

SUGGESTED ANSWER:

1. Benny and Bonnie, legitimate children of

E. None of the above.

Bobby;

There is no showing that Danny is an

2. Cesar, legitimate child of Conrad;

illegitimate

3. Dante, illegitimate child of Danny;

Armand. In the absence of proof to the

4. Ernie, adopted child of Edward; and

contrary, the law presumes that the

5. Felix, grandson of Floro. The

net

value

of

Armand's

half-blood

brother

of

relationship is legitimate. Thus, Dante, estate

is

Pl,200,000.

an illegitimate child of Danny, is barred from inheriting from Armand pursuant to

the

“iron

curtain

rule”

which

I. (1) How much do Benny and Bonnie

disqualifies an illegitimate child from

stand to inherit by right of representation?

inheriting

(1%)

legitimate children and relatives of his

(A) P200,000

father or mother, and vice versa (Art

(B) P300,000

992, Civil Code).

ab

intestao

from

the

(C) P400,000 (D) P150,000

I. (3) How much is Ernie's share in the net


estate . (1%) (A) P 0.

SUGGESTED ANSWER:

(B) P400,000.


(C) P150,000.

If all the brothers/sisters are disqualified

(D) P200,000.

to inherit, the nephews/nieces inherit

(E) None of the above. SUGGESTED ANSWER:


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(A) 0 or (E) None of the above. The

legal

relationship

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Should the share of insolvent debtor C be

created

by

divided

only

between

the

two

other

adoption is strictly between the adopter

remaining debtors, A and B? (1%)

and the adopted. It does not extend to

(A) Yes. Remission of D's share carries with

the relatives of either party (Sayson v.

it total extinguishment of his obligation to

CA, G.R. Nos. 89224-25, Jan 23, 1992).

the benefit of the solidary debtors.

(Note: “E. None of the above’” is another

(B) Yes. The Civil Code recognizes remission

answer because Ernie has no share at

as a mode of extinguishing an obligation.

all in the net estate).

This clearly applies to D. (C) No. The rule is that gratuitous acts

I. (4) How much is Felix's share in the net

should be restrictively construed, allowing

estate? (1%)

only the least transmission of rights.

(A) P400,000.

(D) No, as the release of the share of one

(B) P150,000.

debtor would then increase the burden of

(C) P300,000.

the other debtors without their consent.

(D) P0. (E) None of the above.

SUGGESTED ANSWER: (D). No, as the release of the share of one

SUGGESTED ANSWER:

debtor would then increase the burden of

(D). 0. Or (E) None of the above.

the other debtors without their consent.

In the collateral line, representation is

When one of the solidary debtors cannot,

granted only to children of brother or

because of his insolvency, reimburse his

sisters,

share

Felix

is

a

grandson

of

a

to

the

debtor

paying

the

predeceased brother.

obligation, such share shall be borne by

(Note: “E. None of the above: is another

all his co-debtors, in proportion to the

answer because Felix has no share at

debt of each (Art 1217, Civil Code).

all in the net estate)

Additionally, D was released only from his share of P10,000.00 not from the

II. A, B, C and D are the solidary debtors of

solidary tie that binds him to A, B and C.

X for P40,000. X released D from the payment of his share of PI 0,000. When the

III. Amador obtained a loan of P300,000

obligation became due and demandable, C

from Basilio payable on March25, 2012. As

turned out to be insolvent.

security for the payment of his loan, Amador constituted a mortgage on his residential house and lot in Basilio's favor.


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Cacho, a good friend of Amador, guaranteed

Basilio

(the

creditor)

must

first

be

and obligated himself to pay Basilio, in case

exhausted”)

Amador fails to pay his loan at maturity.

III. (2) If Amador sells his residential house and lot to Diego, can Basilio foreclose the

III. (1) If Amador fails to pay Basilio his loan

real estate mortgage? (1%)

on March 25, 2012, can Basilio compel Cacho to pay? (1%)

(A) Yes, Basilio can foreclose the real estate mortgage because real estate mortgage

(A) No, Basilio cannot compel Cacho to pay

creates a real right that attaches to the

because as guarantor, Cacho can invoke

property.

the principle of excussion, i.e., all the

(B) Yes, Basilio can foreclose the real

assets of Basilio must first be exhausted.

estate mortgage. It is binding upon Diego

(B) No, Basilio cannot compel Cacho to

as the mortgage is embodied in a public

pay because Basilio has not exhausted

instrument.

the available remedies against Amador.

(C) No, Basilio cannot foreclose the real

(C) Yes, Basilio can compel Cacho to pay

estate

because the nature of Cacho's undertaking

ownership on the buyer, Diego, who

indicates

must therefore consent.

that

he

has

bound

himself

mortgage.

The

sale

confers

solidarily with Amador.

(D) No, Basilio cannot foreclose the real

(D) Yes, Basilio can compel Cacho who

estate mortgage. To deprive the new owner

bound himself to unconditionally pay in

of ownership and possession is unjust and

case Amador fails to pay; thus the benefit of

inequitable.

excussion will not apply. SUGGESTED ANSWER: SUGGESTED ANSWER:

(B) Yes, Basilio can foreclose the real

(B) No, Basilio cannot compel Cacho to

estate mortgage. It is binding upon Diego

pay because Basilio has not exhausted

as the mortgage is embodied in a public

the available remedies against Amador.

instrument.

The guarantor cannot be compelled to

Since

pay the creditor unless the latter has

instrument, there is constructive notice

exhausted all the property of the debtor

to

and has resorted to all the legal remedies

mortgaged property.

the

Diego,

mortgage who

is

is

the

in

a

buyer

public if

the

against the debtor (Art. 2058, Civil Code) (Note: “A” is not the correct answer

ALTERNATIVE ANSWER:

because it states that “all the assets of


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(C) No, Basilio cannot foreclose the real

(D) No, Jose's refusal is not justified. The

estate

confers

expenses he incurred are useful for the

ownership on the buyer, Diego, who

preservation of the thing loaned. It is

must therefore consent.

Jose's obligation to shoulder these useful

The mortgage is not registered, thus,

expenses.

mortgage.

The

sale

cannot be binding against third persons (Art. 2125, Civil Code)

SUGGESTED ANSWER: (D) No, Jose's refusal is not justified. The

IV. Cruz lent Jose his car until Jose

expenses he incurred are useful for the

finished his Bar exams. Soon after Cruz

preservation of the thing loaned. It is

delivered

Jose's obligation to shoulder these useful

the

car,

Jose

brought

it

to

Mitsubishi Cubao for maintenance check

expenses.

up and incurred costs of P8,000. Seeing the

In commodatum, the bailee is obliged to

car's peeling and faded paint, Jose also had

pay for the ordinary expenses for the use

the car repainted for P10,000. Answer the

and preservation of the thing loaned (Art

two

1941, Civil Code).

questions

below

based

on

these

common facts.

The

bailee,

Jose,

has

no

right

of

retention on the ground that the bailor IV. (1) After the bar exams, Cruz asked for

owes him something, even if it may be

the return of his car. Jose said he would

by reason of expenses. He can only

return it as soon as Cruz has reimbursed

retain it if he suffers damages by reason

him for the car maintenance and repainting

of a flaw or defect in the thing loaned of

costs of P 18,000.

which the bailor knows (Art 1951, Civil

Is Jose's refusal justified? (1%)

Code).

(A) No, Jose's refusal is not justified. In this kind of contract, Jose is obliged to pay for

IV. (2) During the bar exam month, Jose

all

lent the car to his girlfriend, Jolie, who

the

expenses

incurred

for

the

preservation of the thing loaned.

parked the car at the Mall of Asia's open

(B) Yes, Jose's refusal is justified. He is

parking lot, with the ignition key inside the

obliged to pay for all the ordinary and

car. Car thieves broke into and took the

extraordinary

car.

expenses,

but

subject

to

reimbursement from Cruz. (C) Yes, Jose's refusal is justified. The

Is Jose liable to Cruz for the loss of the car

principle of unjust enrichment warrants the

due to Jolie's negligence? (1%)

reimbursement of Jose's expenses.


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(A) No, Jose is not liable to Cruz as the loss

Securities

and

was not due to his fault or negligence.

designated L and 0 as managing partners; L

(B) No, Jose is not liable to Cruz. In the

was liable only to the extent of his capital

absence of any prohibition, Jose could lend

contribution; and P was not liable for

the car to Jolie. Since the loss was due to

losses.

force majeure, neither Jose nor Jolie is

In 2006, the partnership earned a net profit

liable.

of P800,000. In the same year, P engaged in

(C) Yes, Jose is liable to Cruz. Since Jose

a different business with the consent of all

lent the car to Jolie without Cruz's

the

consent, Jose must bear the consequent

partnership

loss of the car.

of P500,000. In 2008,the partners dissolved

(D) Yes, Jose is liable to Cruz. The contract

the partnership. The proceeds of the sale of

between them is personal in nature. Jose

partnership

can neither lend nor lease the car to a third

settle its obligation. After liquidation, the

person.

partnership

partners.

Exchange

However, incurred

assets had

were an

Commission,

in

2007,

a

net

loss

insufficient

unpaid

the

to

liability

ofP300,000. SUGGESTED ANSWER: (C) Yes, Jose is liable to Cruz. Since Jose

V. (l) Assuming that the just and equitable

lent the car to Jolie without Cruz's

share of the industrial partner, P, in the

consent, Jose must bear the consequent

profit in 2006 amounted to P1 00,000, how

loss of the car.

much is the share of 0, a limited partner, in

The bailee is liable for the loss of the

the P800,000 net profit? (1%)

thing, even if it should be through a

(A) P160,000.

fortuitous event if he lends or leases the

(B) P175,000.

thing to a third person, who is not a

(C) P280,000.

member of his household (Art 1942, Civil

(D) P200,000.

Code).


V. In 2005, L, M, N, 0 and P formed a

SUGGESTED ANSWER:

partnership. L, M and N were capitalist

(C) P280,000.

partners who contributed P500,000 each,

First, deduct the share of P from the

while 0, a limited partner, contributed P1

profits.

,000,000. P joined as an industrial partner,

P700,000. Next, get the share of O by

contributing only his services. The Articles

following the proportion that the shares

of

of L, M, N, O is 1:1:1:2, respectively.

Partnership,

registered

with

the

P800,000

less

P100,000

is


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(B) No. P is not liable because there is a V. (2) In 2007, how much is the share of 0,

valid

a

losses. Since the other partners allowed

limited

partner,

in

the

net

loss

stipulation

exempting

him

from

of P500,000? (1%)

him to engage in an outside business

(A) P 0.

activity, the stipulation absolving P from

(B) P1 00,000.

liability is valid. For 0, it is basic that a

(C) P125,000.

limited partner is liable only up to the

(D) P200,000.

extent of his capital contribution.


(C) Yes. The stipulations exempting P and L from losses are not binding upon the

SUGGESTED ANSWER:

creditors. 0 is likewise liable because the

(D) P200,000

partnership was not formed in accordance

A limited partner shall not become liable

with

a s a general partner unless, in addition

partnership.

to the exercise of his rights and powers

(D) No. The Civil Code allows the partners

as a limited partner, he takes part in the

to stipulate that a partner shall not be

control of the business (Art 1948, Civil

liable for losses. The registration of the

Code). In the absence of stipulation as to

Articles of Partnership embodying such

profits and losses, the share of each

stipulations serves as constructive notice to

partner

the partnership creditors.(E) None of the

in

the

losses

shall

be

the

requirements

of

a

limited

proportionate to what he may have

above is completely accurate.

contributed (Art 1797).

(E) None of the above is completely accurate.

V. (3) Can the partnership creditors hold L, 0 and Pliable after all the assets of the

SUGGESTED ANSWER:

partnership are exhausted? (1%)

(E) None of the above is completely

(A) Yes. The stipulation exempting P from

accurate.

losses is valid only among the partners. L is

VI. Gary is a tobacco trader and also a

liable because the agreement limiting his

lending investor. He sold tobacco leaves to

liability to his capital contribution is not

Homer

valid insofar as the creditors are concerned.

although the period for delivery was not

Having taken part in the management of

guaranteed. Despite Gary's efforts to deliver

the partnership, 0 is liable as capitalist

on

partner.

government red tape hindered his efforts

for

time,

delivery

within

transportation

a

month,

problems

and

and he could only deliver after 30 days.


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Homer refused to accept the late delivery

(D) No. Homer was not justified in refusing

and to pay on the ground that the agreed

to accept the tobacco leaves. There was no

term had not been complied with.

term in the contract but a mixed condition.

As

lending

investor,

Gary

granted

a

The fulfillment of the condition did not

Pl,000,000 loan to Isaac to be paid within

depend purely on Gary's will but on other

two years from execution of the contract. As

factors, e.g., the shipping company and the

security for the loan, Isaac promised to

government. Homer should comply with his

deliver to Gary his Toyota Innova within

obligation.

seven (7) days, but Isaac failed to do so. Gary

was

thus

compelled

to

demand

SUGGESTED ANSWER:

payment for the loan before the end of the

(B)

No.

Homer

was

not

justified

in

agreed two-year term.

refusing to accept the tobacco leaves. He consented to the terms and conditions

VI. (l) Was Homer justified in refusing to

of

accept the tobacco leaves? (1%)

Obligations arising from contract have

(A) Yes. Homer was justified in refusing to

the force of law between the contracting

accept the tobacco leaves. The delivery was

parties.

to be made within a month. Gary's promise

It is clear under the facts that the period

of delivery on a "best effort" basis made the

of delivery of the tobacco leaves was not

delivery uncertain. The term, therefore, was

guaranteed.

ambiguous.

factors which may prevent him from

(B)

No.

abide

anticipated

by

it.

other

True enough, transportation problems

consented to the terms and conditions

and government red

of

slight delay was, thus, excusable.

must

justified

Gary

must

refusing to accept the tobacco leaves. He and

not

and

making the delivery within a month.

sale

was

sale

in

the

Homer

the

abide

by

it.

tape

did. Such





parties.

parties and should be complied with in

(C) Yes. Homer was justified in his refusal

good faith (Art. 1160, Civil Code)

to

accept

the

delivery.

The

contract

contemplates an obligation with a term.

VI. (2) Can Gary compel Isaac to pay his

Since the delivery was made after 30 days,

loan even before the end of the two-year

contrary to the terms agreed upon, Gary

period? (1%)

could not insist that Homer accept the tobacco leaves.


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(A)

Yes,

Gary

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to

Under Art 1198 (2) of the Civil Code, the

Non-

debtor shall lose every right to make use

compliance with the promised guaranty

of the period when he does not furnish

or

to

immediately security

can pay

compel the

renders

Isaac

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loan.

the

obligation

immediately demandable. Isaac lost his

the

creditor

the

guaranties

or

securities which he has promised.

right to make use of the period. (B)

Yes,

to

VII. Lito was a commercial pilot who flew for

immediately pay the loan. The delivery of

Pacific-Micronesian Air. In 1998, he was

the Toyota Innova is a condition for the

the co-pilot of the airline's Flight MA916

loan. Isaac's failure to deliver the car

that mysteriously disappeared two hours

violated the condition upon which the loan

after

was granted. It is but fair for Gary to

presumably over the Pacific Ocean. No trace

demand immediate payment.

of the plane and its 105 passengers and

(C)

compel Isaac to

crew was ever found despite diligent search;

immediately pay the loan. The delivery of

Lito himself was never heard of again. Lito

the car as security for the loan is an

left behind his wife, Lita, and their two

accessory contract; the principal contract is

children.

No,

Gary

Gary

can

compel

cannot

Isaac

take-off

from

Agana,

Guam,

still the P 1,000,000 loan. Thus, Isaac can still make use of the period.

In 2008, Lita met and married Jaime. They

(D)

now have a child of their own.

No,

Gary cannot

compel Isaac to

immediately pay the loan. Equity dictates

While on a tour with her former high school

that Gary should have granted a reasonable

classmates in a remote province of China in

extension of time for Isaac to deliver his

2010, Lita was surprised to see Lito or

Toyota Innova. It would be unfair and

somebody who looked exactly like him, but

burdensome

pay

she was sure it was Lito because of the

the

extreme surprise that registered in his face

for

the P1,000,000

Isaac

simply

to

because

promised security was not delivered.

when he also saw her. Shocked, she immediately fled to her hotel and post haste

SUGGESTED ANSWER: (A)

Yes,

Gary

immediately

can pay

returned to the country the next day. Lita compel

the

Isaac

loan.

to

Non-

now comes to you for legal advice. She asks you the following questions:

compliance with the promised guaranty or

security

renders

the

obligation

immediately demandable. Isaac lost his

VII. (l) If Lito is alive, what is the status of his marriage to Lita? (1%)

right to make use of the period.


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(A) The marriage subsists because the

(B) The marriage is valid. After an absence

marital bond has not been terminated by

of more than 10 years, Lito is already

death.

presumed dead for all purposes.

(B) The marriage was terminated when Lita

(C)

married Jaime.

absence, however lengthy, is insufficient to

(C) The marriage subsists because Lita's

authorize Lita to contract a subsequent

marriage to Jaime is void.

marriage.

(D) The marriage is terminated because Lito

(D) The marriage is void. If Lito is indeed

is presumed dead after his plane has been

alive, his marriage to Lita

missing for more than 4 years.

dissolved and they can resume their marital

(E) The marriage can be formally declared

relations at any time.

The marriage

is

void.

Lito's mere

was never

terminated if Lito would not resurface. SUGGESTED ANSWER: SUGGESTED ANSWER:

Any answer is correct.

(C) The marriage subsists because Lita's

Under Art 390 of the Civil Code, after an

marriage to Jaime is void.

absence

For

the

purpose

years,

it

being

unknown whether or not the absentee

subsequent marriage under Art 41 of the

still lives, he shall be presumed dead doe

Family Code, the spouse present must

all

institute

succession.

summary

contracting

seven

the

a

of

of

proceeding

as

purposes,

except

This

for

provision

those was

of not

provided in the Family Code for the

repealed by the present Family Code.

declaration of presumptive death of the

Applying this to the problem, (A) may be

absentee, without prejudice to the effect

correct. (B) may also be correct. (C) and

of

(D) may also be correct under Art 41 of

the

reappearance

of

the

absent

spouse.

the Family Code. VIII.Which

VII. (2) If Lito is alive, what is the status of

of

the

following

actions

or

defenses are meritorious: (1%)

Lita's marriage to Jaime? (1%) (A) An action for recovery of down (A) The marriage is valid because Lita's

payment paid under a rescinded oral sale

marriage to Lito was terminated upon Lito's

of real property.

disappearance for more than seven years.

(B) A defense in an action for ejectment that the lessor verbally promised to extend or renew the lease.


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(C) An action for payment of sum of money filed against one who orally promised to

ALTERNATIVE ANSWER:

answer another's debt in case the latter


defaults.

(a) The recovery of the down payments

(D) A defense in an action for damages that

should be made in the same action for

the debtor has sufficient, but unliquidated

rescission. Otherwise, it would be a

assets to satisfy the credit acquired when it

ground for dismissal under Rule 2, Sec 4

becomes due.

of Rules of Court.


(b) Lease of a real property is covered by the Statute of Frauds. Furthermore, it

SUGGESTED ANSWER:

also consists of interest in real property.

(A) An action for recovery of down

Hence, it must be in writing. (Art 1403,

payment paid under a rescinded oral sale

Civil Code)

of real property.

(c) A contract of guaranty is a promise to

An oral sale of real property is an

answer for the debt of another and

unenforceable

the

hence, it is also covered by the Statute

Statute of Frauds. Since, in the problem,

of Frauds. It must be in writing before it

the vendee paid down payment, it takes

can be enforced in a court action. (Art

it out of the ambit of Statute of Frauds.

1403, Civil Code)

The rescission here must be in the sense

(d)

of resolution of the reciprocal obligation

unliquidated assets does not excuse him

arising from the contract of sale. If

from paying his debt.

rescinded (resolved) by the vendee on

(e) In the technical meaning of rescission

account of the vendors’ failure to deliver

under Art 1191 of the Civil Code will be

the thing sold, the parties will go back to

adhered to, then there is no absolutely

their status prior to the contract. If the

correct answer. Hence, letter E is also a

vendor

possible answer.

refuses

contract

to

return

under

the

down

The

fact

that

a

debtor

has

payment, then the vendee can file an action to recover the down payment.

IX. Betty entrusted to her agent, Aida,

If, on the other hand, the vendor and the

several pieces of jewelry to be sold on

vendee mutually agree to rescind i.e.

commission with the express obligation to

cancel the contract, the vendee likewise

turn over to Betty the proceeds of the sale,

can file an action for the recovery of the

or to return the jewelries if not sold in a

down payment on the basis of solution

month's

indebiti.

jewelries,

time.

Instead

of

selling

the

Aida pawned them with the


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Tambunting

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Pawnshop,

and

used

[email protected]

the

(C) I will rule in favor of Tambunting. Its

money for herself. Aida failed to redeem the

good faith takes precedence over the right

pawned jewelries and after a month, Betty

of Betty to recover the jewelries.

discovered what Aida had done. Betty

(D) I will rule in favor of Tambunting. Good

brought criminal charges which resulted in

faith is always presumed. Tambunting's

Aida's conviction for estafa.

lawful acquisition in the ordinary course of business coupled with good faith gives it

Betty thereafter filed an action against

legal right over the jewelries.

Tambunting Pawnshop for the recovery of the

jewelries.

Tambunting

raised

the

SUGGESTED ANSWER:

defense of ownership, additionally arguing

(A) I will rule in favor of Betty. My ruling

that it is duly licensed to engage in the

is based on the Civil Code provision that

pawnshop and lending business, and that it

one who has lost any movable or has

accepted the mortgage of the jewelry in

been unlawfully deprived thereof may

good faith and in the regular course of its

recover it from the person in possession

business.

of the same. Tam bunting's claim of good faith is inconsequential.

If you were the judge, how will you decide the case? (1%)

Although possession of movable property acquired in good faith is equivalent to a

(A) I will rule in favor of Betty. My ruling

title, nevertheless, one who has lost any

is based on the Civil Code provision that

movable or has been unlawfully deprived

one who has lost any movable or has

thereof may recover it from the person

been unlawfully deprived thereof may

in possession of the same. Betty has

recover it from the person in possession

been deprived unlawfully of her jewelries

of the same. Tam bunting's claim of good

by the estafa committed by Aida. The

faith is inconsequential.

pledge of the said jewelries by Aida to

(B)

I

will

rule

Betty.

Tambunting pawnshop is void because

Tambunting's claim of good faith pales into

the pledgor is not the owner (Art 2085

insignificance

unlawful

(2), Civil Code). Tambunting’s claim of

deprivation of the jewelries. However, equity

good faith is inconsequential, because,

dictates

be

aside from good faith, Tambunting must

reimbursed for the pawn value of the

prove also that it acquired the jewelries

jewelries.

at a public sale in order to be able to

that

in

in light

favor of

the

Tambunting

of

must

retain the jewelries until reimbursed by


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Betty the amount of loan including

If you were the judge, would you grant

interest (Art 559, Civil Code).

Arlene's motion? (1%)

The only exception the law allows is

(A) Yes, I will grant the motion because the

when there is acquisition in good faith of

lease contract between Arlene and Janet

the possessor at a public sale, in which

was not in writing, hence, Janet may not

case, the owner cannot obtain its return

enforce any right arising from the same

without reimbursing the price (Dizon v.

contract.

Suntay, 47 SCRA 160, Sept 29, 1972).

(B) No, I will not grant the motion because to allow Arlene to retain the advance

X. Arlene owns a row of apartment houses

payments

would

amount

to

unjust

in Kamuning, Quezon City. She agreed to

enrichment.

lease Apartment No. 1 to Janet for a period

(C) Yes, I will grant the motion because the

of 18 months at the rate of P10,000 per

action for recovery is premature; Janet

month. The lease was not covered by any

should first secure a judicial rescission of

contract. Janet promptly gave Arlene two

the contract of lease.

(2) months deposit and 18 checks covering

(D) No. I will not grant the motion

the rental payment for 18 months. This

because the cause of action does not

show of good faith prompted Arlene to

seek to enforce any right under the

promise Janet that should Arlene decide to

contract of lease.

sell the property, she would give Janet the right of first refusal.

SUGGESTED ANSWER:

X. (1) Not long after Janet moved in, she

(D) No. I will not grant the motion

received news that her application for a

because the cause of action does not

Master

seek to enforce any right under the

of

Laws

scholarship

at

King's

College in London had been approved.

contract of lease.

Since her acceptance of the scholarship

Janet is not asking for the continued use

entailed a transfer of residence, Janet

of the leased premises. Moreover, the

asked Arlene to return the advance rental

contract

payments

Statute of Frauds as the same has

she

made.

Arlene

refused,

prompting Janet to file an action to recover

is

aside

the

ambit

of

the

already been partially performed.

the payments. Arlene filed a motion to dismiss, claiming that the lease on which

X. (2)Assume that Janet decided not to

the action is based, is unenforceable.

accept

the

scholarship

and

continued

leasing Apartment No. 1. Midway through


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the lease period, Arlene decided to sell

Frauds under Art 1403 (2)(e) of the Civil

Apartment No. 1 to Jun in breach of her

Code. It must be in writing in order to be

promise to Janet to grant her the right of

enforceable.

first refusal. Thus, Janet filed an action seeking the recognition of her right of first refusal, the payment of damages for the violation of this right, and the rescission of the sale between Arlene and Jun.

2012

Taxation

Law

Exam

MCQ (October 14, 2012) 1. Which of the following is NOT included in

Is Janet's action meritorious? (1%)

the attributes of juridical capacity? a) Juridical capacity is inherent in

(A) Yes, under the Civil Code, a promise to buy

and

sell

a

determinate

thing

every natural person, and therefore

is

it is not acquired.

reciprocally demandable.

b) Juridical capacity is lost only

(B) No, the promise to buy and sell a

through death.

determinate thing was not supported by a

c) Juridical capacity is the fitness to

consideration.

be the subject of legal relations.

(C) Yes, Janet's right of first refusal was

d) Juridical capacity cannot exist

clearly violated when the property was not

without capacity to act.

offered for sale to her before it was sold to Jun. (D) No, a right of first refusal involves an interest over real property that must be embodied in a written contract to be enforceable. (E) None of the above. SUGGESTED ANSWER: (D) No, a right of first refusal involves an interest over real property that must be embodied in a written contract to be enforceable. The right of first refusal involves a transfer of interest in the real property.

2.

Which

of

the

following

is

NOT

a

restriction on one’s capacity to act? a) Minority b) Marriage c) Deaf-mute d) Civil Interdiction SUGGESTED ANSWER: This question should be disregarded. (NOTE: There is no correct answer among the choices given. All choices are restrictions on one’s capacity to act. While Marriage is the only one not mentioned in Articles 38 and 39 of the NCC as a restriction on

As such, it is covered by the Statute of


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capacity to act, it restricts the capacity of a

b) Yes, the will is not valid under

married person in cases of adoption.)

Philippine law. c) No, attestation clause is not an

3. This attribute or incident of a case

act of the testator.

determine whether it is a conflict-of-laws

d)

case or one covered by domestic law.

Spanish law.

No,

the

governing

law

is

a) Cause of action b) Foreign element

Note: The facts do not state the Law

c) Jurisdiction

observed by the testator in executing his

d) Forum non conveniens

will. He could have observed Spanish Law or Philippine Law (see comment of Tolentino

4. The capacity of an heir to succeed shall

to Art. 815 NCC in 3Tolentino117, 1992). If

be governed by the:

he observed Spanish Law, the opposition is

a) national law of the decedent’s

not correct because the will is valid under

heirs

Spanish Law, hence choice (d) is the correct

b) law of the country where the

answer. If he observed Philippine Law, the

decedent was a resident at the time

opposition

of his death

Philippine Law does not require the testator

c) national law of the person who

to sign the Attestation Clause of his will,

died

said clause not being his act. In such case,

d) law of the country where the

choice (c) is the correct answer).

properties

of

the

decedent

is

still

not

correct

because

are

located.

6. Ramon, a Filipino, executed a will in Manila, where he left his house and located

5. Atty. BUKO, a Filipino, executed a will

in BP Homes Parañaque in favor of his

while he was in Spain. The attestation

Filipino

clause of the said will does not contain

children RJ and Ramona, both Turkish

Buko’s signature. It is valid under Spanish

nationals, are disputing the bequest to

law. At its probate in Manila, it is being

Ramgen. They plotted to kill Ramgen.

opposed on the ground that the attestation

Ramon learned of the plot, so he tore his

clause does not contain BUKO’s signature.

will in two pieces out of anger. Which

Is the opposition correct? Choose the best

statement is most accurate?

answer.. a) Yes, because it is a fatal defect.

son,

Ramgen.

Ramon’s

other

a) The mere act of Ramon Sr. is immaterial because the will is still readable.


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b) The mere act of tearing the will amounts to revocation.

9. A Japanese national and a Filipino

c) The tearing of the will may

national entered into a contract for services

amount to revocation if coupled

in Thailand. The services will be rendered

with intent of revoking it.

in Singapore. In case of breach, what law

d) The act of tearing the will is

will govern?

material.

a) Thailand law b) Philippine law

7. Even if the applicable law is a foreign

c) Singapore law

law, a count in the Philippines may be

d) Japanese law

constrained to apply Philippine law under any of the following instances, except:

10. Pedro (Filipino) and his wife Jane

a) when the foreign law, judgment or

(American) executed a joint will in Canada,

contract is contrary to a sound and

where such joint will is valid. In case the

important

joint will is probated in Japan, what law

public

policy

of

the

forum;

will govern the formalities of the joint will?

b) when the property subject of

a) American law

the case is located outside of the

b) Philippine law

Philippines;

c) Canadian law

c)

when

the

foreign

law

or

d) Japanese law

judgment is penal in nature; d)

when

the

foreign

law

is

procedural in nature.

11. A French national revokes his will in Japan where he is domiciled. He then changed his domicile to the Philippines

8. If a will is executed by a testator who was

where he died. The revocation of his will in

born

became

Japan is valid under Japanese law but

naturalized Japanese citizen at the time of

invalid under Philippine law. The affected

his

heir is a Malaysian national residing in the

a

Filipino

death,

testamentary

what

citizen law

provisions

but

will if

govern the

will

its is

Philippines. What law will apply?

executed in China and the property being

a) Japanese law

disposed is located in Indonesia?

b) Philippine law

a) Chinese law

c) French law

b) Philippine law

d) Malaysian law

c) Indonesia law d) Japanese law


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12. In the absence of contrary stipulation in

obligation, but Bill fails or refuses to pay,

a marriage settlement, property relations of

what law will govern?

Filipino spouses shall be governed by ---

a) American law

a) Philippines laws

b) Philippine law

b) Law of the place where the

c) Australian law

spouses reside

d) Japanese law

c) Law of the place where the

(Facts for item numbers 15-18)

properties are situated

In 1989, Charice (Filipina) and Justine

d) Law of the place where they were

(American), were married in the Philippines.

married.

In 1990, they separated and Justine went to Las Vegas where he obtained a divorce in

13. The will of a Filipino executed in a

the same year. He then married another

foreign country ---

Filipina, Lea, in Canada on January 1,

a)

cannot

be

probated

in

the

Philippines; b)

may

1992. They had two (2) sons, James and John (who were both born in 1992). In

the

1993, after failing to hear from Justine,

Philippines provided that properties

Charice married Bugoy (a Filipino), by

in the estate are located in the

whom she had a daughter, Regine. In 2009,

Philippines;

Regine married James (son of Justine with

c) cannot be probated before the

Lea) in California, where such marriage is

death of the testator;

valid.

d)

may

be

be

Philippines

probated

probated provided

in

in it

the was

15. What is the current status of the

executed in accordance with the

marriage of Charice and Justine under

laws of the place where the will

Philippine laws?

was executed.

a) Valid b) Void

14. Pedro (Filipino and Bill (American)

c) Voidable

entered

d) Dissolved

into

a

contract

in

Australia,

whereby it was agreed that Pedro will build

(Note: While Art 26 of the FC does not

a commercial building for Bill in the

categorically provide that the first marriage

Philippines,

the

is dissolved by the divorce obtained by the

construction, Bill will transfer and convey

foreign spouse abroad, but provides that

his cattle ranch located in Japan in favor of

such divorce merely gives the Filipino spouse

Pedro.

the capacity to contract a second marriage, it

In

and

case

in

payment

Pedro

for

performs

his


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is believed that the dissolution of the first

examinations unless he marries Princess.

marriage us the necessary consequence of

As a consequence of the threat, Ricky

the foreign divorce.)

married Princess. Can the marriage be annulled on the ground of intimidation

16. What id the status of the marriage

under Article 45 of the Family Code?

between

Choose the best answer.

Charice

and

Bugoy

under

Philippine laws?

a) Yes, because without the threat,

a) Valid

Ricky

would

not

have

married

b) Void

Princess.

c) Voidable

b) Yes, because the threat to enforce

d) Unenforceable

the claim of Princess vitiates the consent of Ricky in contracting the

17. What is the status of the marriage

marriage.

between

c) No, because the threat made by

Charice

and

Bugoy

under

Philippine laws?

Marforth is just and legal.

a) Valid

d) No, because Marforth is not a

b) Void

party to the contract of marriage

c) Voidable

between Princess and Ricky.

d) Unenforceable 20. Audrey, single, bought a parcel of land 18. What is the status of the marriage

in Malolos City from Franco for P 1Million.

between

A contract was executed between them

Regine

and

James

under

Philippine laws?

which already vested upon Audrey full

a) Valid

ownership

of

the

property,

although

b) Void

payable in monthly installments for a

c) Voidable

period of four (4) years. One (1) year after

d) Unenforceable

the execution of the contract, Audrey got married to Arnel. They executed a marriage

19. Ricky and Princess were sweethearts.

settlement whereby they agreed that their

Princess became pregnant. Knowing that

properties shall be governed by the regime

Ricky is preparing for the examinations,

of conjugal partnership of gains. Thereafter,

Marforth, a lawyer and cousin of Princess,

subsequent installments were paid from the

threatened

conjugal partnership funds. Is the land

Ricky

with

the

filing

of

a

complaint for immorality in the Supreme

conjugal or paraphernal?

Court, thus preventing him from taking


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a) The land is conjugal because the

the laws of such consular official. Under

installments were paid from the

Philippine law, what is the status of the

conjugal partnership funds.

marriage of Agay and Topacio? Choose the

b)

best answer.

The

land

is

paraphernal

because ownership thereof was

a)

Void,

because

acquired before the marriage.

official

c) The land is both conjugal and

solemnize

paraphernal funds of installments

Filipinos.

were paid from both the personal

b) Valid, because according to the

funds of Audrey and the conjugal

laws of Australia, such consular

partnership funds.

official has authority to celebrate the

d) The land is paraphernal because

marriage.

it was Audrey who purchased the

c) Voidable, because there is an

same.

irregularity in the authority of the

only

consular 21.

Ernesto

donated

worth P 32,000

mobile

between

solemnize

marriages.

delivered the unit to Hubert who accepted.

recognized as valid in the place

Which statement is most accurate?

where it was celebrated.

donation

orally

to

to

d) Valid, because such marriage is

The

Hubert

phone

authority

marriages

official

consular

and

a)

to

a

has

the

is

void

and

Ernesto may get mobile phone

(Note: The issues in the problem is whether

back.

or not the fact that one of the parties to the

b) The donation is void but Ernesto

marriage was an alien constituted absence

cannot get the mobile phone back.

of authority or mere irregularity of authority.

c) The donation is voidable and may

The problem only give the choice, letter (a),

be anulled.

in case it is interpreted as absence of

d) The donation is valid.

authority. The problem does not give a choice in case it is interpreted as an

22. Agay, a Filipino citizen and Topacio, an

irregularity thereby making all the other

Australian

answers wrong).

consular Australia.

citizen, office

got

of

According

married

the to

in

Philippines the

laws

the in of

Australia, a marriage solemnized by a

23. Separation of property between spouses

consular official is valid, provided that such

during the marriage may take place only:

marriage is celebrated in accordance with

a) by agreement of the spouses.


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b) If one of the spouses has given

b) No trial shall be held without the

ground for legal separation.

6-month cooling off period being

c) Upon order of the court.

observed.

d) If one spouse has abandoned the

c) The spouses will be entitled to live

other.

separately upon the start of the trial.

24.

The

husband

may

impugn

the

d) The prosecuting attorney has

legitimacy of his child but not on the

to conduct his own investigation.

ground that: a)

the

wife

is

suspected

of

27.

A

husband

infidelity.

hidden

treasure

b) the husband had a serious illness

property

that prevented him from engaging in

discovered treasure?

of

his

The

by

chance

on

the

wife.

paraphernal

Who

owns

a)

c) they were living apart.

husband (finder)

d) he is physically incapable of

conjugal partnership.

sexual intercourse.

b) The half pertaining to the wife (as

25. A marriage is void if: a)

solemnized

pertaining

belongs

to

the

sexual intercourse.

owner)

half

discovered

the

belongs to the

to

the

conjugal

partnership. marriage

c) One half shall belong to the

license issued without complying

husband as finder and the other

with the required 10-day posting.

half shall belong to the wife as

b) solemnized by a minister whom

owner of the property.

the

d) a and b

parties

with

a

believe to

have the

authority. c) between parties both 23 years of

28. Which of the following marriages is void

age but without parental advice.

for reasons of public policy?

d) none of the above

a) Between brothers and sisters, whether of the full or half blood.

26.

In

legal

separation,

which is not

correct?

b) Between step-parents and step children.

a) The aggrieved spouse may file the

c)

Between

parents-in-law

action within five (5) years from the

children-in-law.

time of the occurrence of the cause.

d) b and c

and


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29. The following constitute the different

a)

Children

conceived

or

born

circumstances or case of fraud which will

outside a valid marriage.

serves as ground for the annulment of a

b) Children born under a valid

marriage, except?

marriage, which was later declared

a) Non-disclosure of the previous

void because of the psychological

conviction by final judgment of the

incapacity of either or both of the

other party of a crime involving

spouses.

moral turpitude.

c) Children conceived and born

b)

Concealment

of

a

sexually-

outside a valid marriage.

transmissible disease, regardless of

d) Children born under a valid

its nature, existing at the time of the

marriage,

marriage.

obtained a legal separation.

but

the

parents

later

c) Concealment of drug addiction, habitual alcoholism, homosexuality

32. An illegitimate child may use the

or lesbianism existing at the time of

surname of his father when his filiation is

marriage.

established

d) Concealment by the wife or the

instances, except:

in

any

of

the

following

husband of the fact of sexual

a) Filiation has been recognized by

relations prior to the marriage.

the father through the record of birth appearing in the civil register

30. Which of the following is not a requisite

b) Admission of filiation by the

for a valid donation propter nuptias?

father in a public document.

a) The donation must be made

c) Private handwritten instrument is

before

made by the father acknowledging

the

celebration

of

the

marriage. b)

The

his filiation. donation

shall

be

automatically revoked in case of

d) Affidavit by the mother stating the name of his true father.

non-celebration of the marriage. c) The donation must be made in

33. Under RA 8043, an adopter is required

consideration of the marriage.

to be at least ____ years old and ____ years

d) The donation must be made in

older than the child to be adopted at the

favor of one or both of the future

time of the application unless the adopter is

spouses.

the parent by nature of the child. a) 30 and 15

31. Who are illegitimate children?

b) 27 and 16


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c) 50 and 10

d) Subjects the child or allows him

d) 18 and 15

to

be

subjected

to

acts

of

lasciviousness. 34. Under RA 8043, a child qualified to be adopted is any person below _____ years

37. Which of the following statements

old.

is wrong? a) 18

a) The possessor in bad faith shall

b) 21

reimburse the fruits received and

c) 15

those which the legitimate possessor

d) 16

could have received. b) The possessor in bad faith has

35. Which of the following DOES NOT

right

of

reimbursement

result in permanent termination of parental

necessary expenses and those for

authority?

the

production,

gathering

for and

a) Death of the parents.

preservation of the fruits.

b) Death of the child.

c) The possessor in bad faith is not

c) Emancipation of the child.

entitled to a refund of ornamental

d) Conviction of the parents of a

expenses.

crime which carries with it the

d) The possessor in bad faith is

penalty of civil interdiction.

entitled to a refund of useful expenses.

36. The court, in an action filed for the purpose, may suspend parental authority if

38.

the parent or the person exercising parental

completes the statement – The expenses

authority commits any of the following

incurred in improvements for the luxury or

acts, except:

mere pleasure shall not be refunded to thew

a) Treats the child with excessive

Which

phrase

most

accurately

possessor in bad faith:

harshness or cruelty.

a) but he may remove the objects

b) Gives the child corrupting orders,

for which such expenses have

counsel or example.

been incurred, provided that the

c) Compels the child to take up a

thing suffers no injury thereby,

course in college against his/her

and that the lawful possessor does

will.

not prefer to retain them.


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b) and he may not remove the

of the dominion over the property as owner.

objects for which such expenses

What action is being referred to?

have been incurred.

a) Accion publiciana

c) and he may not remove the

b) Accion reinvindicatoria

objects for which such expenses

c) Accion interdictal

have been incurred, unless he pays

d) Quieting of Title

the value they may have at the time he entered into possession.

42. A summary action to recover physical

d) but he may remove the objects for

or material possession only and must be

which such expenses have been

brought within one (1) year from the time

incurred.

the cause of action arises. What action is being referred to?

39. The following are the limitations on the

a) Accion publiciana

right of ownership imposed by the owner


himself, except:


a) Will/Succession


b) Mortgage c) Pledge

43. The following things are property of

d) Lease

public dominion, except: a) ports and bridges constructed by

40. A plenary action for the recovery of the

the State.

possession

b) vehicles and weapons of the

of

real

allegation and proof

estate,

upon

mere

of a better right

Armed Forces of the Philippines.

thereto, and without allegation of proof of

c) rivers.

title. This action can only be brought after

d) lands reclaimed by the state from

the expiration of one (1) year. What action

the sea.

is being referred to? a) Accion publiciana

SUGGESTED ANSWER:


This


because there is no correct answer.


(Note: At first glance, one gets the impression

question

should

be

disregarded

that vehicles and weapons of the AFP are 41. Action to recover real property based on

not property of the public domain. But they

ownership. Here, the object is the recovery

are actually property of the public dominion under the second paragraph of Art 420 of


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the NCC. Property of the state which are not

a) the donee accepts the donation.

for public use but are intended for some

b) the donor executes the deed of

public service are properties of the public

donation.

dominion. While the vehicles and weapons of

c) the donor knows of the donee’s

the AFP are not for public use, they are used

acceptance even if the latter has

for the defense of the State which is a public

not received the copy of the deed

service.)

of donation. d) the donee confirms that the donor


has learned the former’s acceptance.

is wrong? a) patrimonial property of the

47. The following are the elements of an

state, when no longer intended

obligation, except:

for

public

use

or

for

public

a) Juridical/Legal Tie

service, shall become property of

b) Active subject

public dominion.

c) Passive subject

b) all property of the State, which is

d) Consideration

not

of

public

dominion,

is

patrimonial property.

48. It is a conduct that may consist of

c) The property of provinces, cities

giving, doing, or not doing something.

and municipalities is divided into

a) Obligation

property

b) Juridical necessity

for

public

use

and

patrimonial property. d)

Property

is

c) Prestation

either

of

public

dominion or of private ownership.

d) Contract 49.

It

is

a

juridical

relation

arising

from lawful, voluntary and unilateral acts 45.

The following

cannot

ask for

the

reduction of inofficious donation, except: a) Creditors of the deceased

based on the principle that no one should unjustly enrich himself at the expense of another.

b) Devisees or legatees

a) Quasi-contract

c) Compulsory heirs of the donor

b) Quasi-delict

d)

c) Cotract

The surviving spouse of the

donee.

d) Delict

46. Donation is perfected from the moment

50. The following are the elements of quasi-

---

delict, except:


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a) Act or omission

54. It is an international evasion of the

b) Fault/negligence

faithful performance of the obligation.

c) Damage/injury

a) Negligence

d) Pre-existing contract

b) Fraud c) Delay

51. A debtor is liable for damages in case of delay

if

he

is

guilty

of

any

of

d) Mistake

the

following, except:

55. The following are the requisites of

a) default (mora)

fortuitous event, except:

b) mistake

a) Cause is independent of the will

c) negligence (culpa)

of the debtor.

d) breach through contravention of

b)

the tenor thereof

is unforeseeable/unavoidable.

The

event

c) Occurrence renders it absolutely 52. This term refers to a delay on the part

impossible for the debtor to fulfill his

of both the debtor and creditor in reciprocal

obligation

obligations.

impossibility must be absolute not

in

a

normal

manner;

a) Mora accipiendi

partial, otherwise not force majeure.

b) Mora solvendi

d)

c) Compensation morae

aggravation of the injury to the

d) Solution indibiti

creditor.

Debtor

contributed

to

the

53. The following are the requisites of mora

56. A debtor may still be held liable for loss

solvendi, except:

or damages even if it was caused by a

a) Obligation pertains to the debtor

fortuitous event in any of the following

and

instances, except:

is

determinate,

due,

demandable, and liquidated.

a) The debtor is guilty of dolo, malice

b) Obligation was performed on its

or bad faith, has promised the same

maturity date.

thing to two or more persons who do

c) There is judicial or extrajudicial

not have the same interest.

demand by the creditor.

b) The debtor contributed to the

d) Failure of the debtor to comply

loss.

with such demand.

c) The thing to be delivered is generic.


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d) The creditor is guilty of fraud,

c) No, because a motion to dismiss

negligence

is a prohibited pleading.

or

contravened

delay

the

or

tenor

if of

he the

d) Yes, because Fermin and Toti

obligation.

should also pay their share of the obligation.

57.

Buko,

themselves

Fermin solidarily

and

59. Buko, Fermin and Toti are solidarily

amount of P 5,000.00. Suppose Buko paid

debtors of Ayee. Twelve (12) years after the

the obligation, what is his right as against

obligation became due and demandable,

his co-debtors?

Buko paid Ayee and later on asked for

Buko

pay

bound the

a)

to

Toti

cas

Ayee

ask

for

reimbursement from Fermin and

reimbursement

of

Fermin’s

and

Toti’s

shares. Is Buko correct? Why?

Toti.

a) No, because the obligation has

b) Buko can sue Fermin and Toti for

already prescribed.

damages.

b) Yes, because the obligation is

c) Buko can sue for rescission.

solidary.

d) Buko can claim a refund from

c) No, because in solidary obligation

Ayee.

any one of the solidary debtors can pay the entire debt.

58.

Buko,

Fermin

and

Toti

bound

d) Yes, because Fermin and Toti will

themselves solidarily to pay Ayee the sum

be unduly enriched at the expense

of P 10,000.00. When the obligation became

of Buko.

due and demandable, Ayee sued Buko for the

payment

of

the P 10,000.00.

Buko

60. Buko, Fermin and Toti are solidary

moved to dismiss on the ground that there

debtors

under

a

loan

obligation

was failure to implead Fermin and Toti who

of P 300,000.00 which has fallen due. The

are indispensable parties. Will the motion

creditor has, however, condoned Fermin’s

to dismiss prosper? Why?

entire share in the debt. Since Toti has

a) Yes, because Fermin and Toti

become insolvent, the creditor makes a

should have been impleaded as their

demand on Buko to pay the debt. How

obligation is solidary.

much, if any, may Buko be compelled to

b) No, because the creditor may

pay?

proceed against any one of the

a) P 200.000.00

solidary debtors or some or all of

b) P 300,000.00

them simultaneously.

c) P 100,000.00


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d) P 150,000.00

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d) That they be liquidated and demandable.

61. Dina bought a car from Jai and delivered a check in payment of the same.


Has Dina paid the obligation? Why?

is correct?

a) No, not yet. The delivery of

a) All contracts are perfected by

promissory

mere consent.

notes

payable

to

order, or bills of exchange or

b) All contracts are perfected by

other mercantile documents shall

delivery of the object.

produce the effect of payment

c) All contracts are required to be in

only when they have been cashed,

writing.

or when through the fault of the

d) All contracts are required to

creditor they have been impaired.

have a valid consideration.

b) Yes, because a check is a valid legal tender of payment.

64. It is a principle which holds that parties

c) It depends. If the check is a

are bound not only by what has been

manager’s check or cashier’s check

expressly provided for in the contract but

it will produce the effect of payment.

also to the natural consequences that flow

If

out of such agreement.

it’s

an

ordinary

check,

no

payment.

a) Obligatory force of contracts

d) Yes, because a check is as good

b) Mutuality of contracts

as cash.

c) Autonomy of contracts

62. The following are the requisites of legal

d) Relativity of contracts

compensation, except: a) That each of the obligors is bound

65. It is a principle which holds that

principally and that he be the same

contracts must be binding to both parties

time a principal creditor of the

and its validity and effectivity can never be

other.

left to the will of one of the parties.

b) That both debts consist in a sum


of money, or if the things due are


consumable, they be the same kind,


and also of the same quality if the


latter has been stated. c) That the two (2) debts are not

66. It refers to the rule that a contract

yet due.

is binding

not

only between


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parties but extends to the heirs, successors

b) Acceptance of the offer by the

in

offeree.

interest,

and

assignees

of

the

parties, provided that the contract involved

c) Qualified/conditional acceptance

transmissible rights by their nature, or by

of the offer, which becomes counter-

stipulation or by law.

offer.


d)

Subject

matter

becomes


illegal/impossible before acceptance


is communicated.

d) Relativity of contracts 70. Which of the following statements 67. It is rule which holds that the freedom

is correct?

of the parties to contract includes the

a) Offers in interrelated contracts

freedom

are perfected upon consent.

to

stipulate,

provided

the

stipulations are not contrary to law, morals,

b) Offers in interrelated contracts

good customs, public order or public policy.

require a single acceptance.


c) Business


are definite


specific acceptance.


d) Advertisements are only

advertisements offers

that for

invitations

require Bidders

to

make

68. The following are the ways by which

proposals and the advertiser is

innominate

not

contracts

are

regulated, except: By

the

to

accept

the

highest/lowest bidder, unless it

a) By the stipulation of the parties. b)

bound

appears otherwise.

general principles of

quasi-contracts and delicts

71.

c) By the rules governing the most

contracts (Contracts which must appear in

analogous nominate contracts.

writing), except:

d) By the customs of the place.

The

following

a) Donations of real estate or of

69. An offer becomes ineffective on any of

movables

the following grounds, except:

exceeds P 5,000.00.

a)

Death,

civil

interdiction,

are solemn

if

the

value

b) Stipulation to pay interest in

insanity/insolvency of either party

loans.

before acceptance is conveyed.

c) Sale of land through an agent (authority must be in writing).


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d)

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Construction

contract

of

a

building.

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74. The following are the characteristics of a voidable contract, except: a) Effective until set aside.

72.

The

following

are

rescissible

b) May be assailed/attacked only in

contracts, except: a)

an action for that purpose.

Entered

into

by

guardian

c) Can be confirmed or ratified.

whenever ward suffers damage more

d) Can be assailed only by either

than ¼ of value of property.

party.

b) Agreed upon in representation of absentees, if absentee suffers lesion

75.

by more than ¼ of value of property.

contracts, except:

c)

Contracts

committed

on

where

fraud

creditor

is

following

are

void

a) Pactum commissorium

(accion

b) Pactum de non alienando

pauliana). d)

The

c) Pactum leonina

Contracts

entered

into

by

d) Pacto de retro

minors. 76. The borrower in a contract of loan or 73. The following are the requisites before a

mutuum must pay interest to the lender.

contract entered into in fraud of creditors

a) If there is an agreement in

may be rescinded, except:

writing to the effect.

a) There must be credited existing

b) As a matter of course.

prior

c) If the amount borrowed is very

to

the

celebration

of

the

contract.

large.

b) There must be fraud, or at least,

d) If the lender so demands at the

the intent to commit fraud to the

maturity date.

prejudice of the creditor seeking rescission.

77.

The

liability

c) The creditor cannot in any legal

administrators

manner collect his credit (subsidiary

individual, entity or institution engaged in

character of rescission)

child care over the minor child or damage

d) The object of the contract must

caused by the acts or omissions of the

be legally in the possession of a

unemancipated minor while under their

3rd person in good faith.

supervision, instruction or custody shall be:

and

of

the

school,

teachers,

or

its the

a) Joint and subsidiary b) Principal and solidary


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c) Principal and joint

b) quasi-contract

d) Subsidiary and solidary.

c) civil d) natural

78. The creditor has the right to the fruits of the thing from the time:

83.

Consent

was of

given

a) the thing is delivered.

representation

b) the obligation to deliver the

authority. The contract is:

things arises.

a) voidable

c) the contract is perfected.

b) rescissible

d) the fruits are delivered.

c) void

another

by

one

in

but

without

d) unenforceable 79. If one of the parties to the contract is

84. Michael Fermin, without the authority

without juridical capacity, the contract is:

of Pascual Lacas, owner of a car, sold the

a) voidable

same car in the name of Mr. Lacas to Atty.

b) rescissible

Buko. The contract between Atty. Buko and

c) void

Mr. Lacas is ---

d) unenforceable

a) void because of the absence of consent from the owner, Mr. Lacas.

80. When both parties to the contract are

b) valid because all of the essential

minors, the contract is:

requisites of a contract are present.

a) voidable

c) unenforceable because Michael

b) rescissible

Fermin had no authority but he

c) void

sold the car in the name of Mr.

d) unenforceable

Lacas, the owner. d) rescissible because the contract

81. When the consent of one of the parties

caused lesion to Atty. Buko.

was vitiated, the contract is: a) voidable

85. Which of the following contracts is void?

b) rescissible

a) An oral sale of a parcel of land.

c) void

b) A sale of land by an agent in a

d) unenforceable

public

instrument

where

his

authority from the principal is 82. An obligation which is based on equity

oral.

and natural law is known as:

c) A donation of a wrist watch

a) pure

worth P 4,500.00.


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d) A relatively simulated contract

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for fulfillment of the obligation even if he has not tendered payment of

86. Which of the following expresses a

the purchase price.

correct principle of law? Choose the best

c) The contract between the parties

answer.

is rescissible.

a) Failure to disclose facts when

d)

The

contract

between

the

there is a duty to reveal them, does

parties is subject to ratification

not constitute fraud.

by the parties.

b) Violence or intimidation does not render

a

contract

annullable

if

employed not by a contracting party

88. Which of the following statements is wrong?

but by a third person.

a) Creditors are protected in cases of

c) A threat to enforce one’s claim

contracts intended to defraud them.

through competent authority, if the

b)

claim is legal or just, does not vitiate

between the parties, their assign

consent.

and heirs, except in case where the

d)

Absolute

simulation

of

Contracts

take

effect

only

a

rights and obligations arising from

contract always results in a void

the contract are not transmissible

contract.

by their nature, or by stipulation or by provision of law.

87. Aligada orally offered to sell his two-

c) If a contract should contain some

hectare rice land to Balane for P 10Million.

stipulation

The

person,

offer

was

orally

accepted.

By

in

he

favor may

of

a

third

demand

agreement, the land was to be delivered

fulfillment

(through execution of a notarized Deed of

communicated his acceptance to the

Sale) and the price was to be paid exactly

obligor before its revocation.

one-month

d)

from

their

oral

agreement.

Which statement is most accurate?

In

provided

its

contracts

he

creating

real

rights, third persons who come

a) If Aligada refuses to deliver the

into possession of the object of

land on the agreed date despite

the

payment by Balane, the latter may

thereby.

not

successfully

sue

contract

are

not

bound

Aligada

because the contract is oral.

89.

Which

phrase

most

accurately

b) If Aligada refused to deliver the

completes the statement – Any third person

land, Balane may successfully sue

who induces another to violate his contract:


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a) shall be liable for damages only if he is a party to the same contract.

93. The attestation clause contains the

b) shall be liable for damages to

following, except:

the other contracting party.

a) the number of pages used;

c) shall not be liable for damages to

b) that the testator signed or caused

the other contracting party.

another to sign the will and every

d) shall not be liable for damages if

page thereof in the presence of the

the parties are in pari delicto.

instrumental witnesses; c) notary public;

90. The requisites of succession are as

d)

the

instrumental

witnesses

follows, except:

witnessed and signed the will and

a) Death of decedent

all the pages thereof in the presence

b) Transmissible estate

of the testator and one another.

c)

Existence

and

capacity

of

successor, designated by decedent

94.

The

following

are

the

formalities

or law

required in the execution of holographic

d) Payment of Taxes

will, except: a) Entirely written;

91. The characteristics of succession are as

b) Dated;

follows, except:

c) Signed by testator himself

a) It is a legal contract. b)

Only

property,

rights

d) Notarized by a notary public. and

obligations to the extent of the value

95. The following are the grounds for

of the inheritance are transmitted.

disallowance of wills, except:

c) The transmission takes place only

a) The formalities required by law

at the time of death.

have not been complied with.

d) The transmission takes place

b)

either by will or by operation of law.

mentally incapable of making will.

The

testator

was

insane

or

c) The will was executed through 92. The following rights are extinguished by

force or under duress, or influence

death, except:

of fear or threats.

a) Legal support

d) The will contains an attestation

b) Parental authority

clause.

c) Right to inherit d) Agency


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96. It is the omission in the testator’s will of

consideration, which gives him the right to

one, some or all of the compulsory heirs in

buy

direct line, whether living at the time of

property, from another person, at anytime

execution of the will or born after the death

within the agreed period, at a fixed price.

of the testator. What principle is being

What contract is being referred to?

referred to?

certain

merchandise

or

specified

a) Option Contract

a) reserva troncal

b) Contract to Sell

b) preterition

c) Contract of Sale

c) fideicommissary

d) Lease

d) disposicion captatoria 97.

Any

disposition

made

upon

the

condition that the heir shall make some

100. Which of the following contracts of sale is void?

provision in his will in favor of the testator

a) Sale of EGM’s car by KRP, EGM’s

or of any other person shall be void. Here,

agent,

both the condition and the disposition are

reduced into writing.

void. What principle is being referred to?

b) Sale of EGM’s piece of land by

whose

authority

EGM’s

not

a) reserva troncal

KRP,

b) preterition

authority

c) fideicommissary

writing.

d) disposicion captatoria

c) Sale of EGM’s car by KRP, a

is

agent,

is

not

whose

reduced

into

person stranger to EGM, without 98.

Which

phrase

most

accurately

EGM’s consent or authority.

completes the statement – If at the time the

d) Sale of EGM’s piece of land by

contract of sale is perfected, the thing

KRP, a person stranger to EGM,

which is the object of the contract has been

without EGM’s consent or authority.

entirely lost: a) the buyer bears the risk of loss. b) the contract shall be without any effect.

2011 Taxation Law Exam MCQ (November 13, 2011)

c) the seller bears the risk of loss. d) the buyer may withdraw from the contract.

(1)When does a declaration of absence of a missing person take effect? (A) Immediately from the issuance of

99. A contract granting a privilege to a person,

for

which

he

has

paid

the declaration of absence.

a


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(B) 3 months after the publication of

accepted the substitution. Later, however,

the declaration of absence.

the

(C) 6 months after the publication

defaulted in his obligation. What is the

of the declaration of absence.

effect of the new debtor’s default upon the

(D) 15 days from the issuance of the

original debtor?

new

declaration of absence.

debtor

became insolvent

and

(A) The original debtor is freed of liability since novation took place

(2) The authority that school administrators

and

exercise over school children under their

obligation.

supervision,

(B) The original debtor shall pay or

instruction,

or

custody

is

called

this

relieved

him

of

his

perform the obligation with recourse (A) legal parental authority.

to the new debtor.

(B) substitute parental authority.

(C)

(C) ordinary parental authority.

liable since he gave no consent to

(D) special parental authority.

the substitution.

The

original

debtor

remains

(D) The original debtor shall pay or (3) Can future inheritance be the subject of

perform 50% of the obligation to

a contract of sale?

avoid unjust enrichment on his

(A)

No,

since

it

will

put

the

part.

predecessor at the risk of harm from a tempted buyer, contrary to public

(5) Lennie bought a business class ticket

policy.

from Alta Airlines. As she checked in, the

(B) Yes, since the death of the

manager downgraded her to economy on

decedent is certain to occur.

the ground that a Congressman had to be

(C) No, since the seller owns no

accommodated

inheritance while his predecessor

Lennie

lives.

embarrassment of the downgrade. She sued

(D) Yes, but on the condition that

the airlines for quasi-delict but Alta Airlines

the amount of the inheritance can

countered

only

governed by a contract between them, no

be

ascertained

after

the

in

the

suffered

obligations of the estate have been

quasi-delict

paid.

correct?

that,

business

the

discomfort

since

could

class.

her

arise.

Is

and

travel the

was

airline

(4) Upon the proposal of a third person, a

(A) No, the breach of contract may

new debtor substituted the original debtor

in fact be tortious as when it is

without the latter’s consent. The creditor

tainted

as

in

this

case

with


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arbitrariness, gross bad faith, and

(A) No, since the marriage did not

malice.

take place.

(B) No, denying Lennie the comfort

(B) Yes, since all the requisites of a

and amenities of the business class

donation

as provided in the ticket is a tortious

present.

act.

(C) No, since the donation and its

(C) Yes, since the facts show a

acceptance are not in a public

breach of contract, not a quasi-

instrument.

delict.

(D) Yes, since X freely donated the

(D)

Yes,

since

quasi-delict

of

an

immovable

are

property to Y who became its owner.

presupposes the absence of a preexisting

contractual

relation

between the parties.

(8) Rene and Lily got married after a brief courtship. After one month, Lily discovered that while Rene presented himself as a

(6)

Which

of

the

following

is

an

macho man he was actually gay. He would

indispensable requirement in an action for

not go to bed with her. He kept obscene

"quieting of title" involving real property?

magazines of nude men and always sought

The plaintiff must

the company of handsome boys. What legal

(A) be in actual possession of the

remedy does Lily have?

property.

(A) She can file an action for

(B) be the registered owner of the

annulment of marriage on ground

property.

of fraud.

(C) have legal or equitable title to

(B) She can seek a declaration of

the property.

nullity of the marriage based on

(D) be the beneficial owner of the

Rene’s psychological incapacity.

property.

(C) She can go abroad and file for divorce in a country that can grant

(7) X and Y were to marry in 3 months.

it.

Meantime,

X

(D) She has none since she had the

donated a house and lot to Y, which

opportunity to examine the goods

donation X wrote in a letter to Y. Y wrote

and freely entered into the marriage.

to

express

his

affection,

back, accepting the donation and took possession of the property. Before the

(9)

Lucio

executed

a

simple

deed

of

wedding, however, Y suddenly died of heart

donation of P50 million on time deposit

attack. Can Y’s heirs get the property?

with a bank in favor of A, B, C, D, and E,


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without indicating the share of each donee.

(D)

No,

since

All the donees accepted the donation in

impediment

writing. A, one of the donees, died. Will B,

inheritance to a stranger.

to

there Raul

was

no

selling

his

C, D, and E get A’s share in the money? (A) Yes, accretion will automatically

(11) When one exercises a right recognized

apply to the joint-donees in equal

by law, knowing that he thereby causes an

shares.

injustice to another, the latter is entitled to

(B) Yes, since the donor’s intention

recover damages. This is known as the

is to give the whole of P50 million to

principle of

the jointdonees in equal shares.

(A) res ipsa loquitur.

(C) No, A"s share will revert to the

(B) damnum absque injuria.

donor

(C) vicarious liability.

because

accretion

applies

only if the joint-donees are spouses.

(D) abuse of rights.

(D) No, A’s share goes to his heirs since

the

donation

did

not

provide for reversion to donor.

(12) Which of the following is NOT a basis for rendering a disinheritance defective or imperfect?

(10) Raul, Ester, and Rufus inherited a 10-

(A) Its cause comes from the guilt

hectare land from their father. Before the

of a spouse in a legal separation

land could be partitioned, however, Raul

case, the innocent-spouse having

sold his hereditary right to Raffy, a stranger

died.

to the family, for P5 million. Do Ester and

(B) The truth of its cause is denied

Rufus have a remedy for keeping the land

and

within their family?

evidence.

not

sufficiently

proved

by

(A) Yes, they may be subrogated

(C) Its cause is not authorized by the

to Raffy’s right by reimbursing to

law.

him

(D) Its cause is not specified.

within

the

required

time

what he paid Raul. (B) Yes, they may be subrogated to

(13) Manuel came to Manila and married

Raffy’s right provided they buy him

Marianne. Unknown to Marianne, Manuel

out before he registers the sale.

had been previously convicted in Palawan

(C) No, they can be subrogated to

of theft and served time for it. After

Raffy’s

Marianne

right

conformity.

only

with

his

learned

of

his

previous

conviction, she stopped living with him. Can Marianne seek the annulment of the


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marriage based on Manuel’s nondisclosure

since

Philippine

of his previous crime?

recognize divorce.

law

does

not

(A) No, since the assumption is that

(D) All the children are legitimate

marriage forgives all past wrongs.

since they were born of the same

(B) Yes, since the non-disclosure

father and mother.

of that crime is the equivalent of fraud,

which

is

a

ground

for

(15) Who can make a donation?

annulment.

(A) All persons who can enter into

(C) No, in case of doubt, the law

contracts and dispose of their

must be construed to preserve the

property.

institution of marriage.

(B) All persons who are of legal age

(D) No, since Manuel already served

and suffer from no civil interdiction.

the penalty for his crime.

(C) All persons who can make a last will and testament.

(14) Arthur and Helen, both Filipinos, got

(D) All persons, whether natural or

married and had 2 children. Arthur later

artificial, who own property.

worked in Rome where he acquired Italian citizenship. He got a divorce from Helen in

(16) The liability of the partners, including

Rome but, on returning to the Philippines,

industrial

he realized his mistake, asked forgiveness

contracts entered into in its name and for

of his wife, and resumed living with her.

its account, when all partnership assets

They had 2 more children. What is the

have been exhausted is

status of their 4 children?

partners

for

partnership

(A) Pro-rata.

(A) The children born before the

(B) Joint.

divorce are legitimate but those

(C) Solidary.

born after it are not since Arthur

(D) Voluntary.

got the divorce when he had ceased to be a Filipino.

(17) When can a missing person who left

(B) The divorce rendered illegitimate

someone to administer his property be

the children born before it since the

declared an absentee by the court? When

marriage that begot them had been

he has been missing for

nullified.

(A) 2 years from the receipt of the

(C) The children born before and

last news about him.

after the divorce are all legitimate

(B) 7 years from the receipt of the last news about him.


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(C) 10 years from the receipt of the

principal two days after the principal died,


an event that neither the agent nor the

(D) 5 years from the receipt of the

buyer knew at the time of the sale. What is


the standing of the sale? (A) Voidable.

(18) Which of the following claims against

(B) Valid.

the debtor enjoys preference over the others

(C) Void.

with respect to his specific immovable

(D) Unenforceable.

property and real rights? (A) Unpaid price of real property

(21) Spouses A and B leased a piece of land

sold, upon the immovable property.

belonging to B's parents for 25 years. The

(B) Mortgage credits recorded in the

spouses built their house on it worth

registry

P300,000.00. Subsequently, in a case that

of

property,

upon

the

mortgaged real estate.

C filed against A and B, the court found the

(C) Taxes due, upon the land or

latter liable to C for P200,000.00. When the

building.

sheriff was attaching their house for the

(D) Expenses for the preservation

satisfaction of the judgment, A and B

and improvement of property, when

claimed that it was exempt from execution,

the law authorizes reimbursement,

being a family home. Is this claim correct?

upon the preserved or improved

(A) Yes, because while B’s parents

immovable.

own the land, they agreed to have their

daughter

build

her

family

(19) When bilateral contracts are vitiated

home on it.

with vices of consent, they are rendered

(B) No, because there is no judicial

(A) rescissible.

declaration that it is a family home.

(B) void.

(C) No, since the land does not

(C) unenforceable.

belong to A and B, it cannot

(D) voidable.

qualify as a family home. (D) Yes, because the A and B’s

(20) An agent, authorized by a special

family actually lives in that house.

power of attorney to sell a land belonging to the principal succeeded in selling the same

(22) Solomon sold his coconut plantation to

to a buyer according to the instructions

Aragon, Inc. for P100 million, payable in

given the agent. The agent executed the

installments of P10 million per month with

deed of absolute sale on behalf of his

6% interest per annum. Solomon married


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Lorna after 5 months and they chose

(24) When A and B married, they chose

conjugal partnership of gains to govern

conjugal partnership of gains to govern

their

they

their property relations. After 3 years, B

married, Aragon had an unpaid balance of

succeeded in getting her marriage to A

P50 million plus interest in Solomon’s

annulled

favor. To whom will Aragon’s monthly

psychological incapacity. What liquidation

payments go after the marriage?

procedure will they follow in disposing of

property

relations.

When

(A) The principal shall go to the conjugal

of

the

latter’s

their assets? will

interests to Solomon.

governing

the

(B) Both principal and interests

conjugal partnership of gains where

shall go to Solomon since they are

the party who acted in bad faith

his exclusive properties.

forfeits his share in the net profits.

(C) Both principal and interests

(B) Since the marriage has been

shall go to the conjugal partnership

declared

since these become due after the

liquidation of absolute community of

marriage.

property shall be followed. principal

but

ground

They

(D) The

partnership

on

shall

go

the

(A)

to

(C) The

follow

the

liquidation

void,

the

liquidation

of

rule

of

applies

rule

a

since

a

for

co-

Solomon but the interests to the

ownership

the

conjugal partnership.

annulment brought their property relation under the chapter on

(23) X and Y, although not suffering from

property

any impediment, cohabited as husband and

marriage.

wife

(D)

without

the

benefit

of

marriage.

Following the birth of their child, the couple

regimes

The

law

on

without

liquidation

of

partnerships applies.

got married. A year after, however, the

(25) X and Y agreed verbally before their

court annulled the marriage and issued a

marriage

decree of annulment. What is the present

illegitimate child of Y and (b) on the

status of the child?

economic regime that will govern X and Y’s

(a)

on

the

paternity

of

the

(A) Legitimated.

property relations. Is the verbal agreement

(B) Illegitimate.

valid?

(C) Natural child.

(A) No,

because

a

marriage

(D) Legitimate.

settlement to be valid should be in writing.


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(B)

Yes,

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since

ante-nuptial

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(B) Illegitimate, because by the color

agreements need not be in writing.

of its skin, the child could not

(C)

possibly be that of Fidel.

No,

settlement

because cannot

a

marriage

include

an

(C) Legitimate, because the child

agreement on the paternity of an

was born within a valid marriage.

illegitimate child.

(D) Legitimate, because Fidel agreed

(D) Yes, since even if it is not a valid

to treat the child as his own after

marriage settlement, it is a valid

Gloria told him who the father was.

verbal contract. (28) The husband’s acts of forcibly ejecting (26) Spouses X and Y have a minor

his wife without

daughter, Z, who needs support for her

conjugal dwelling and refusing to take her

education.

back constitutes

Both

X

and

Y,

who

are

just

cause from the

financially distressed, could not give the

(A) desertion.

needed support to Z. As it happens, Z’s

(B) recrimination.

other relatives are financially capable of

(C) constructive abandonment.

giving that support. From whom may Z first

(D) de facto separation.

rightfully demand support? From her (A) grandfather.

(29) In his will, the testator designated X as

(B) brother.

a legatee to receive P2 million for the

(C) uncle.

purpose of buying an ambulance that the

(D) first cousin.

residents of his Barangay can use. What kind of institution is this?

(27) Fidel, a Filipino with fair complexion,

(A) a fideicomissary institution.

married Gloria. Before the marriage, Gloria

(B) a modal institution.

confessed to Fidel that she was two-month

(C) a conditional institution.

pregnant with the child of a black African

(D) a collective institution.

who had left the country for good. When the child was born, Fidel could not accept it

(30) X insured himself for P5 million,

being too black in complexion. What is the

designating

status of the child?

beneficiary.

(A)

Illegitimate,

because

Y,

his The

wife,

as

his

designation

sole was

Gloria

irrevocable. A few years later, X had their

confessed that the child is not

marriage annulled in court on the ground

Fidel’s.

that Y had an existing prior marriage. X


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subsequently died, Is Y entitled to the

(C) Marlon gets 1/2 and Cecilia

insurance benefits?

gets 1/2.

(A) Yes, since the insurance was not

(D) Marlon gets 3/4 and Cecilia 1/4.

dependent on the marriage. (B) Yes, since her designation as

(33) Contracts take effect only between the

beneficiary was irrevocable.

parties or their assigns and heirs, except

(C) No, X’s designation of Y is

where the rights and obligations arising

revoked by operation of law upon

from the contract are not transmissible by

the annulment of their marriage

their nature, by stipulation, or by provision

based on Y’s fault.

of law. In the latter case, the assigns or the

(D)

Yes,

since

revocation,

X’s

without

judicial

designation

of

Y

remains valid and binding.

heirs are not bound by the contracts. This is known as the principle of (A) Relativity of contracts.

(31) May a spouse freely donate communal

(B) Freedom to stipulate.

or conjugal property without the consent of

(C) Mutuality of contracts.

the other?

(D) Obligatory force of contracts.

(A) Absolutely not, since the spouses co-own such property.

(34) A buyer ordered 5,000 apples from the

(B) Yes, for properties that the

seller at P20 per apple. The seller delivered

family

6,000 apples. What are the rights and

may

spare,

regardless

of

value.

obligations of the buyer?

(C) Yes, provided the donation is

(A) He can accept all 6,000 apples

moderate

and pay the seller at P20 per

and

intended

for

charity or family rejoicing.

apple.

(D) Yes, in a donation mortis causa

(B) He can accept all 6,000 apples

that the donor may still revoke in

and pay a lesser price for the 1,000

his lifetime.

excess apples. (C) He can keep the 6,000 apples

(32) The decedent died intestate leaving an

without paying for the 1,000 excess

estate of P10 million. He left the following

since

heirs: a) Marlon, a legitimate child and b)

anyway.

Cecilia, the legal spouse. Divide the estate.

(D)

the He

seller

can

delivered

cancel

the

them whole

(A) Marlon gets 1/4 and Cecilia gets

transaction since the seller violated

3/4.

the terms of their agreement.

(B) Marlon gets 2/3 and Cecilia 1/3.


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(35) Lino entered into a contract to sell with

suffered

poisoning

caused

by

a

Ramon, undertaking to convey to the latter

noxious substance found in the sardines.

one of the five lots he owns, without

Mylene filed a case for damages against

specifying which lot it was, for the price of

Acme. Which of the following defenses will

P1 million. Later, the parties could not

hold?

agree which of five lots he owned Lino

(A) The expiry date of the "Sards"

undertook to sell to Ramon. What is the

was clearly printed on its can,

standing of the contract?

still the store sold and Mylene

(A) Unenforceable.

bought it.

(B) Voidable.

(B) Mylene must have detected the

(C) Rescissible.

noxious substance in the sardines

(D) Void.

by smell, yet she still ate it. (C) Acme had no transaction with

(36) Knowing that the car had a hidden

Mylene; she bought the "Sards" from

crack in the engine, X sold it to Y without

a store, not directly from Acme.

informing the latter about it. In any event,

(D) Acme enjoys the presumption of

the deed of sale expressly stipulated that X

safeness of its canning procedure

was not liable for hidden defects. Does Y

and Mylene has not overcome such

have the

presumption.

right

to

demand

from X

a

reimbursement of what he spent to repair the engine plus damages?

(38) Fernando executed a will, prohibiting

(A) Yes. X is liable whether or not he

his wife Marina from remarrying after his

was aware of the hidden defect.

death, at the pain of the legacy of P100

(B) Yes, since the defect was not

Million in her favor becoming a nullity. But

hidden; X knew of it but he acted

a year after Fernando’s death, Marina was

in bad faith in not disclosing the

so overwhelmed with love that she married

fact to Y.

another man. Is she entitled to the legacy,

(C) No, because Y is in estoppel,

the amount of which is well within the

having changed engine without prior

capacity of the disposable free portion of

demand.

Fernando’s estate?

(D)

No,

because

Y

waived

the

warranty against hidden defects.

(A) Yes, since the prohibition against remarrying is absolute, it is deemed

(37) Acme Cannery produced sardines in

not written.

cans known as "Sards." Mylene bought a

(B) Yes, because the prohibition is

can of Sards from a store, ate it, and

inhuman

and

oppressive

and


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violates Marina’s rights as a free

(A) It

is

an

ordinary

woman.

since it was not given to the bride

(C) No, because the nullity of the

or groom.

prohibition also nullifies the legacy.

(B) It is donation propter nuptias

(D) No, since such prohibition is

since it was given with the marriage

authorized by law and is not

in mind.

repressive; she could remarry but

(C) It is an indirect donation propter

must give up the money.

nuptias

since

the

donation

bride

would

eventually inherit the property from (39) X, the owner, constituted a 10-year

her parents.

usufruct on his land as well as on the

(D) It is a remunatory donation.

building standing on it in Y’s favor. After flood totally destroyed the building 5 years

(41) X and Y, both Filipinos, were married

later, X told Y that an act of God terminated

and resided in Spain although they intend

the usufruct and that he should vacate the

to return to the Philippines at some future

land. Is X, the owner of the land, correct?

time. They have not executed any marriage

(A)

No,

since

the

building

was

destroyed through no fault of Y.

settlements.

What

law

governs

their

property relations?

(B) No, since Y still has the right

(A)

to use the land and the materials

Spanish law and Philippine law.

left on it.

(B) Philippine law since they are

(C) Yes, since Y cannot use the land

both Filipinos.

without the building.

(C) No regime of property relations

(D) Yes, since the destruction of the

will apply to them.

building

(D) Spanish law since they live in

without

the

X’s

fault

terminated the usufruct.

They

may

choose

between

Spain.

(40) In gratitude, the groom’s parents made

(42) Birth determines personality. Death

a donation of a property in writing to the

extinguishes it. Under what circumstances

bride’s

may the personality of a deceased person

parents

shortly

children’s

wedding.

The

accepted.

What

the

donation?

is

before

their

donation

was

nature

of

the

continue to exist? (A) In case of re-appearance of a missing person presumed dead.


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(B) In protecting the works of a

(C) the brother or sister in need

deceased under intellectual property

stops

laws.

reason.

(C)

In

case

of

presumptive death

declaration of

of

a missing

spouse.

schooling

(D) the

need for

without

valid

support

of

a

brother or sister, already of age, is due to the latter's fault.

(D) In the settlement of the estate of a deceased person.

(45) Virgilio owned a bare and simple swimming pool in his garden. MB, a 7-year

(43) Six tenants sued X, the landowner, for

old child, surreptitiously entered the garden

willfully denying them water for their farms,

and merrily romped around the ledges of

which water happened to flow from land

the pool. He accidentally tripped, fell into

under X’s control, his intention being to

the pool, and drowned. MB’s parents sued

force them to leave his properties. Is X

Virgilio for damages arising from their

liable for his act and why?

child’s death, premised on the principle of

(A) No, because the tenants must be

"attractive nuisance". Is Virgilio liable for

content with waiting for rainfall for

the death of MB?

their farms.

(A) No, the child was 7 years old and

(B) No, since X owns both the land

knew the dangers that the pool

and the water.

offered.

(C) Yes, because the tenants’ farms

(B)

have the natural right of access to

nuisance, Virgilio had the duty to

water wherever it is located.

prevent children from coming near

(D) Yes, since X willfully caused

it.

injury to his tenants contrary to

(C) No, since the pool was bare

morals, good customs or public

and had no enticing or alluring

policy.

gadgets, floats, or devices in it

Yes,

being

an

attractive

that would attract a 7-year old (44)

Illegitimate

brothers

and

sisters,

child.

whether of full or half-blood, are bound to

(D) Yes, since Virgilio did not cover

support each other, EXCEPT when

the swimming pool while not in use

(A) the brother or sister who needs

to prevent children from falling into

support lives in another place.

it.

(B) such brothers and sisters are not recognized by their father.


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(46) The term of a 5-year lease contract

(D) Yes, the donation is not deemed

between X the lessor and Y the lessee,

made until the suspensive condition

where rents were paid from month to

has been fulfilled.

month, came to an end. Still, Y continued using the property with X’s consent. In

(48)

Illegitimate

children,

those

not

such a case, it is understood that they

recognized by their biological fathers, shall

impliedly renewed the lease

use the surname of their

(A) from month to month under

(A) biological father subject to no

the same conditions as to the

condition.

rest.

(B) mother or biological father, at

(B)

under

the same

terms and

the mother’s discretion.

conditions as before.

(C) mother.

(C) under the same terms except the

(D)

rent which they or the court must

judicially opposes it.

biological

father

unless

he

fix. (D) for only a year, with the rent

(49) Asiong borrowed P1 million from a

raised by 10% pursuant to the

bank, secured by a mortgage on his land.

rental control law.

Without his consent, his friend Boyong paid the whole loan. Since Asiong benefited from

(47)

a

the payment, can Boyong compel the bank

valuable lot to the municipality on the

to subrogate him in its right as mortgagee

condition that it will build a public school

of Asiong's land?

on

Rex,

such

acceptance

a

philanthropist,

lot

within of

the

donated

2 years from

its

donation.

The

(A) No, but the bank can foreclose and pay Boyong back.

municipality properly accepted the donation

(B) No,

but did not yet build the public school after

Asiong’s

2 years. Can Rex revoke the donation?

approval.

(A) Yes,

since

the

donation

since

Boyong

loan

paid

without

for his

is

(C) Yes, since a change of creditor

subject to a resolutory condition

took place by novation with the

which was not fulfilled.

bank’s consent.

(B) No, but Rex is entitled to recover

(D) Yes, since it is but right that

the value of the land from the

Boyong be able to get back his

municipality.

money and, if not, to foreclose the

(C) No, the transfer of ownership has

mortgage in the manner of the bank.

been completed.


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(50) Congress passed a law imposing taxes

(D) Yes, since Fernando was a

on income earned out of a particular

solidary creditor, payment to him

activity that was not previously taxed. The

extinguished the obligation.

law, however, taxed incomes already earned within the fiscal year when the law took

(52) What happens to the property regimes

effect. Is the law valid?

that were subsisting under the New Civil

(A) No, because laws are intended to

Code when the Family Code took effect?

be prospective, not retroactive.

(A) The original property regimes

(B) No, the law is arbitrary in that it

are

taxes income that has already been

effective.

spent.

(B) Those enjoying specific regimes

(C) Yes, since tax laws are the

under the New Civil Code may adopt

lifeblood of the nation.

the regime of absolute community of

(D) Yes, tax laws are an exception;

property under the Family Code.

they

(C) Those that married under the

can

be

given

retroactive

effect.

immutable

and

remain

New Civil Code but did not choose any of its regimes shall now be

(51)

Rudolf

Rodrigo

borrowed

and

Fernando

P1

million

who

from

acted

as

governed by the regime of absolute community of property.

solidary creditors. When the loan matured,

(D) They are superseded by the

Rodrigo wrote a letter to Rudolf, demanding

Family Code which has retroactive

payment of the loan directly to him. Before

effect.

Rudolf could comply, Fernando went to see

(53) The testator executed a will following

him personally to collect and he paid him.

the formalities required by the law on

Did Rudolf make a valid payment?

succession without designating any heir.

(A) No, since Rudolf should have

The only testamentary disposition in the

split the payment between Rodrigo

will is the recognition of the testator's

and Fernando.

illegitimate child with a popular actress. Is

(B) No, since Rodrigo, the other

the will valid?

solidary creditor, already made a

(A) Yes, since in recognizing his

prior demand for payment from

illegitimate child, the testator has

Rudolf.

made him his heir.

(C) Yes, since the payment covers

(B) No, because the non-designation

the whole obligation.

of heirs defeats the purpose of a will.


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(C) No, the will comes to life only

(C) Voidable, because the Judge

when

acted

the

proper

heirs

are

instituted. (D) Yes,

beyond

his

territorial

jurisdiction and is administratively

the

illegitimate

recognition heir

is

of

an

an

liable for the same.

ample

(D) Void, because the Judge did not

reason for a will.

solemnize the marriage within the premises of his court.

(54) A left B, his wife, in the Philippines to work in Egypt but died in that country after

(56) X and Y, Filipinos, got married in Los

a year’s continuous stay. Two months after

Angeles, USA, using a marriage license

A’s death, B gave birth to a child, claiming

issued by the Philippine consul in Los

it is A’s child. Who can assail the legitimacy

Angeles, acting as Civil Registrar. X and Y

of the child?

did not know that they were first cousins

(A) A’s other heirs apart from B.

because their mothers, who were sisters,

(B) The State which has interest in

were

the welfare of overseas contract

young. Since X did not want to continue

workers.

with the relation when he heard of it, he left

(C) Any one who is outraged by B’s

Y, came to the Philippines and married Z.

claim.

Can X be held liable for bigamy?

(D) No one since A died.

separated

when

they

were

quite

(A) No since X’s marriage to Y is void ab initio or did not exist.

(55) QR and TS who had a marriage license

(B) No since X acted in good faith,

requested a newly appointed Judge in

conscious that public policy did not

Manila to marry them on the beach of

approve of marriage between first

Boracay.

cousins.

Since

the

Judge

maintained

Boracay as his residence, he agreed. The

(C) Yes since he married Z without

sponsors were all public officials. What is

first

the status of the marriage.

declaration

(A) Valid,

since

the

improper

securing of

a nullity

judicial of

his

marriage to Y.

venue is merely an irregularity;

(D) Yes since his first marriage to Y

all

in Los Angeles is valid.

the

elements

of

a

valid

marriage are present. (B) Void, because the couple did not

(57) Allan bought Billy’s property through

get local permit for a beach wedding.

Carlos, an agent empowered with a special power of attorney (SPA) to sell the same.


Page 163 of 180


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When Allan was ready to pay as scheduled,

(B) No, the buyer is entitled to a

Billy called, directing Allan to pay directly

customary 30-day extension of his

to him. On learning of this, Carlos, Billy's

obligation to take delivery of the

agent, told Allan to pay through him as his

goods.

SPA

(C) No, since there was no express

provided

and

to

protect

his

commission. Faced with two claimants,

agreement

Allan consigned the payment in court. Billy

rescission.

protested, contending that the consignation

(D)

is ineffective since no tender of payment

determine that Y was not justified in

was made to him. Is he correct?

failing to appear.

No,

regarding the

seller

automatic should

first

(A) No, since consignation without

(59) The wife filed a case of legal separation

tender of payment is allowed in

against her husband on the ground of

the face of the conflicting claims

sexual infidelity

on the plaintiff.

without previously exerting earnest efforts

(B) Yes, as owner of the property

to come to a compromise with him. The

sold, Billy can demand payment

judge dismissed the case for having been

directly to himself.

filed without complying with a condition

(C)

Yes,

since

Allan

made

no

precedent. Is the dismissal proper?

announcement of the tender.

(A) No, efforts at a compromise will

(D) Yes, a tender of payment is

only deepen the wife’s anguish.

required for a valid consignation.

(B) No, since legal separation like validity of marriage is not subject

(58) X sold Y 100 sacks of rice that Y was to

to

compromise

pick up from X’s rice mill on a particular

purposes of filing.

date. Y did not, however, appear on the

(C) Yes, to avoid a family feud that is

agreed date to take delivery of the rice. After

hurtful to everyone.

one week, X automatically rescinded the

(D) Yes, since the dispute could have

sale without notarial notice to Y. Is the

been

rescission valid?

agreeing to legal separation.

settled

agreement

with

the

for

parties

(A) Yes, automatic rescission is allowed

since,

character

of

consumables, deteriorate.

having

the

(60) An Australian living in the Philippines

movables

and

acquired shares of stock worth P10 million

easily

in food manufacturing companies. He died

rice

can

in Manila, leaving a legal wife and a child in Australia and a live-in partner with whom


Page 164 of 180


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he had two children in Manila. He also left

(D) Yes, after full payment, the

a will, done according to Philippine laws,

action became imprescriptible.

leaving all his properties to his live-in partner and their children. What law will

(62) A court declared Ricardo, an old

govern the validity of the disposition in the

bachelor, an absentee and appointed Cicero

will?

administrator of his property. After a year, (A) Australia law since his legal wife

it was discovered that Ricardo had died

and legitimate child are Australians

abroad. What is the effect of the fact of his

and domiciled in Australia.

death

(B) Australian

administration

of

his

property?

intrinsic validity of the provisions

(A)

of

absentee but a deceased person,

will

is

since

the

the

a

law

on

governed

by

the

With

Ricardo

no

longer

an

decedent’s national law.

Cicero will cease to be administrator

(C) Philippine law since the decedent

of his properties.

died in Manila and he executed his

(B) The administration shall be

will according to such law.

given

(D)

Philippine

law

since

by

the

court

over

the

the

jurisdiction

decedent’s properties are in the

proceedings

to

Philippines.

administrator

whom

having intestate

a

new it

will

appoint. (61) X bought a land from Y, paying him

(C) Cicero automatically becomes

cash. Since they were friends, they did not

administrator

execute any document of sale. After 7 years,

until judicially relieved.

the heirs of X asked Y to execute a deed of

(D) Cicero’s alienations of Ricardo's

absolute sale to formalize the verbal sale to

property will be set aside.

of

Ricardo’s

estate

their father. Unwilling to do so, X’s heirs filed an action for specific performance

(63) Baldo, a rejected suitor, intimidated

against Y. Will their action prosper?

Judy into marrying him. While she wanted

(A) No, after more than 6 years,

to question the validity of their marriage

the action to enforce the verbal

two years after the intimidation ceased,

agreement has already elapsed.

Judy decided in the meantime to freely

(B) No, since the sale cannot under

cohabit with Baldo. After more than 5 years

the Statute of Frauds be enforced.

following their wedding, Judy wants to file a

(C) Yes, since X bought the land and

case for annulment of marriage against

paid Y for it.


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Baldo on ground of lack of consent. Will her

all heirs in the higher level are disqualified

action prosper?

or unable to inherit?

(A) Yes, the action for annulment is

(A) Nephews and nieces.

imprescriptible.

(B) Brothers and sisters.

(B) No, since the marriage was

(C) State.

merely voidable and Judy ratified

(D) Other collateral relatives up to

it by freely cohabiting with Baldo

the 5th degree of consanguinity.

after the force and intimidation had ceased.

(66) Roy and Carlos both undertook a

(C) No, since the action prescribed 5

contract to deliver to Sam in Manila a boat

years

docked in Subic. Before they could deliver

from

the

date

of

the


it, however, the boat sank in a storm. The

(D) Yes, because the marriage was

contract provides that fortuitous event shall

celebrated without Judy's consent

not exempt Roy and Carlos from their

freely given.

obligation. Owing to the loss of the motor boat, such obligation is deemed converted

(64) Is the wife who leaves her husband

into one of indemnity for damages. Is the

without just cause entitled to support?

liability of Roy and Carlos joint or solidary?

(A)

No,

because

must

(A) Neither solidary nor joint since

always be submissive and respectful

they cannot waive the defense of

to the husband.

fortuitous event to which they are

(B) Yes. The marriage not having

entitled.

been

(B)

dissolved,

the

wife

the

husband

Solidary

or

joint

upon

the

continues to have an obligation to

discretion of Sam.

support his wife.

(C) Solidary since Roy and Carlos

(C) No, because in

leaving the

failed to perform their obligation to

conjugal home without just cause,

deliver the motor boat.

she forfeits her right to support.

(D) Joint since the conversion of

(D) Yes, since the right to receive

their liability to one of indemnity

support

for damages made it joint.

is

not

subject

to

any

condition. (67) Joanne married James, a person with (65) In the order of intestate succession

no known relatives. Through James' hard

where the decedent is legitimate, who is the

work, he and his wife Joane prospered.

last intestate heirs or heir who will inherit if

When

James

died,

his

estate

alone


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amounted to P100 million. If, in his will,

(70) Ric and Josie, Filipinos, have been

James designates Joanne as his only heir,

sweethearts for 5 years. While working in a

what will be the free portion of his estate.

European country where the execution of

(A) Joanne gets all; estate has no

joint wills are allowed, the two of them

free portion left.

executed a joint holographic will where they

(B) Joanne gets 1/2; the other

named each other as sole heir of the other

half is free portion.

in case either of them dies. Unfortunately,

(C) Joanne gets 1/3; the remaining

Ric died a year later. Can Josie have the

2/3 is free portion.

joint will successfully

(D) Joanne gets 1/4; the remaining

Philippines?

3/4 is free portion.

probated

in the

(A) Yes, in the highest interest of comity of nations and to honor the

(68) A warranty inherent in a contract of

wishes of the deceased.

sale, whether or not mentioned in it, is

(B) No,

known as the

prohibits the execution of joint

since

Philippine

law

(A) warranty on quality.

wills and such law is binding on

(B) warranty against hidden defects.

Ric and Josie even abroad.

(C) warranty against eviction.

(C) Yes, since they executed their

(D) warranty in merchantability.

joint will out of mutual love and care,

values

that

the

generally

(69) The doctrine of stare decisis prescribes

accepted principles of international

adherence

law accepts.

to

precedents

in

order

to

promote the stability of the law. But the

(D) Yes, since it is valid in the

doctrine can be abandoned

country

where

it

was

executed,

(A) When adherence to it would

applying the principle of "lex loci

result in the Government’s loss of its

celebrationis."

case. (B) When the application of the

(71) ML inherited from his father P5 million

doctrine

in legitime but he waived it in a public

would

cause

great

prejudice to a foreign national.

instrument in favor of his sister QY who

(C) When necessary to promote the

accepted the waiver in writing. But as it

passage of a new law.

happened, ML borrowed P6 million from PF

(D) When

the

precedent

has

before the waiver. PF objected to the waiver

ceased to be beneficial and useful.

and filed an action for its rescission on the ground that he had the right to ML’s P5


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million legitime as partial settlement of

(B) Yes,

insofar

as

what ML owed him since ML has proved to

acknowledged

be insolvent. Does PF, as creditor, have the

illegitimate child.

right to rescind the waiver?

(C) None, since the marriage did not

Mary

Arnold as

his

(A) No, because the waiver in favor

take place.

of his sister QY amounts to a

(D) Yes, if they acquired properties

donation and she already accepted

while living together as husband

it.

and wife.

(B) Yes,

because

the

waiver

is

(73) Joseph, a 17-year old Filipino, married

prejudicial to the interest of a

Jenny, a 21-year old American in Illinois,

third person whose interest is

USA, where the marriage was valid. Their

recognized by law.

parents gave full consent to the marriage of

(C) No, PF must wait for ML to

their children. After three years, Joseph

become solvent and, thereafter, sue

filed a petition in the USA to promptly

him for the unpaid loan.

divorce Jenny and this was granted. When

(D) Yes, because a legitime cannot

Joseph turned 25 years, he returned to the

be waived in favor of a specific heir;

Philippines and married Leonora. What is

it must be divided among all the

the status of this second marriage?

other heirs.

(A) Void, because he did not cause the

judicial

issuance

of

(72) While engaged to be married, Arnold

declaration of the nullity of his

and

first marriage to Jenny before

Josephine

agreed

in

a

public

instrument to adopt out the economic

marrying Leonora.

regime of absolute community of property.

(B) Valid, because Joseph's marriage

Arnold

to Jenny is void, he being only 17

acknowledged

instrument Mary,

is

that

the

Josephine’s

daughter

Josephine died before the marriage could

Leonora has all the elements of a

take place. Does the marriage settlement

valid marriage.

have any significance?

(D) Void, because Joseph is still

since

the

child.

years of age when he married her. (C) Valid, because his marriage to

None,

illegitimate

same But

(A)

his

in

instrument

considered married to Jenny since

containing the marriage settlement

the Philippines does not recognize

is essentially void for containing an

divorce.

unrelated matter.


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(74) T died intestate, leaving an estate of

(76)

P9,000,000. He left as heirs three legitimate

brother, Y, authorizing him to sell X’s

children, namely, A, B, and C. A has two

parcel of land in Pasay. X sent the title to Y

children, D and E. Before he died, A

by courier service. Acting for his brother, Y

irrevocably repudiated his inheritance from

executed a notarized deed of absolute sale

T in a public instrument filed with the

of the land to Z after receiving payment.

court. How much, if any, will D and E, as

What is the status of the sale?

A’s children, get from T’s estate?

X,

who

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was

abroad,

phoned his

(A) Valid, since a notarized deed of

(A) Each of D and E will get

absolute

P1,500,000

by

transaction and full payment was

representation

since

right their

of father

sale

covered

the

made.

repudiated his inheritance.

(B) Void,

since

X

should

have

(B) Each of D and E will get

authorized agent Y in writing to

P2,225,000 because they will inherit

sell the land.

from the estate equally with B and

(C) Valid, since Y was truly his

C.

brother X’s agent and entrusted

(C) D and E will get none because

with the title needed to effect the

of the repudiation; "B" and "C"

sale.

will get A’s share by right of

(D) Valid, since the buyer could file

accretion.

an action to compel X to execute a

(D) Each of D and E will get

deed of sale.

P2,000,000 because the law gives them some advantage due to the

(77) In a true pacto de retro sale, the title

demise of "A".

and ownership of the property sold are immediately vested in the vendee a retro

(75) No decree of legal separation can be

subject only to the resolutory condition of

issued

repurchase by the vendor a retro within the (A) unless the children’s welfare is attended to first. (B) without

prior

stipulated period. This is known as (A) equitable mortgage.

efforts

at

(B) conventional redemption.

reconciliation shown to be futile.

(C) legal redemption.

(C) unless the court first directs

(D) equity of redemption.

mediation of the parties.

(78) A natural obligation under the New

(D)

Civil Code of the Philippines is one which

without

prior

investigation

conducted by a public prosecutor.


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(A)

the

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obligor

has

a

moral

(80)

When

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the

donor

gives

donations

obligation to do, otherwise entitling

without reserving sufficient funds for his

the obligee to damages.

support

(B) refers to an obligation in writing

dependents, his donations are

or

for

the

support

of

his

to do or not to do.

(A) Rescissible, since it results in

(C) the obligee may enforce through

economic lesion of more than 25% of

the court if violated by the obligor.

the value of his properties.

(D) cannot be judicially enforced

(B) Voidable, since his consent to

but

the donation is vitiated by mindless

authorizes

the

obligee

to

retain the obligor’s payment or

kindness.

performance.

(C) Void, since it amounts to wanton expenditure beyond his means.

(79)

The

husband

administration

of

the

assumed family’s

sole

(D) Reducible to the extent that

mango

the

donations

impaired

the

plantation since his wife worked abroad.

support due to himself and his

Subsequently, without his wife’s knowledge,

dependents.

the husband entered into an antichretic transaction

with

a

company,

possession

and

management

giving

it

(81) Anne owed Bessy P1 million due on

the

October 1, 2011 but failed to pay her on

plantation with power to harvest and sell

due date. Bessy sent a demand letter to

the fruits and to apply the proceeds to the

Anne giving her 5 days from receipt within

payment of a loan he got. What is the

which to pay. Two days after receipt of the

standing of the contract?

letter, Anne personally offered to pay Bessy

of

(A) It is void in the absence of the

in manager's check but the latter refused to

wife’s consent.

accept the same. The 5 days lapsed. May

(B) It is void absent an authorization

Anne’s

from the court.

extinguished?

obligation

be

considered

(C) The transaction is void and can

(A) Yes, since Bessy’s refusal of the

neither be ratified by the wife nor

manager’s

authorized by the court.

presumed funded, amounts to a

(D) It is considered a continuing

satisfaction of the obligation.

offer by the parties, perfected

(B) No, since tender of payment

only upon the wife’s acceptance

even in cash, if refused, will not

or the court’s authorization.

discharge the obligation without

check,

which

is

proper consignation in court.


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(C)

Yes,

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since

Anne

tendered

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(83) The owner of a thing cannot use it in a

payment of the full amount due.

way that will injure the right of a third

(D) No, since a manager’s check is

person. Thus, every building or land is

not considered legal tender in the

subject to the easement which prohibits its

Philippines.

proprietor or possessor from committing nuisance like noise, jarring, offensive odor,

(82) The residents of a subdivision have

and smoke. This principle is known as

been using an open strip of land as passage

(A) Jus vindicandi.

to the highway for over 30 years. The owner

(B) Sic utere tuo ut alienum non

of that land decided, however, to close it in

laedas.

preparation for building his house on it.

(C) Jus dispondendi.

The residents protested, claiming that they

(D) Jus abutendi.

became

owners

of

the

land

through

acquisitive prescription, having been in

(84) Janice and Jennifer are sisters. Janice

possession of the same in the concept of

sued

owners,

and

business partner for recovery of property

continuously for more than 30 years. Is this

with damages. The complaint did not allege

claim correct?

that Janice exerted earnest efforts to come

publicly,

peacefully,

Jennifer

and

Laura,

Jennifer’s

(A) No, the residents have not

to a compromise with the defendants and

been in continuous possession of

that

the land since they merely passed

dismissed the complaint outright for failure

through

to comply with a condition precedent. Is the

it

in

going

to

the

highway.

such

efforts

failed.

The

judge

dismissal in order?

(B) No, the owner did not abandon

(A) No, since Laura is a stranger to

his right to the property; he merely

the sisters, Janice has no moral

tolerated his neighbors’ use of it for

obligation to settle with her.

passage.

(B) Yes, since court should promote

(C) Yes, residents of the subdivision

amicable

have become owners by acquisitive

relatives.

prescription.

(C) Yes, since members of the same

(D) Yes, community ownership by

family, as parties to the suit, are

prescription prevails over private

required to exert earnest efforts to

claims.

settle their disputes before coming

settlement

among

to court.


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(D) No, the family council, which

(87) When does the regime of conjugal

would

partnership of gains begin to exist?

ordinarily

mediate

the

dispute, has been eliminated under

(A) At the moment the parties

the Family Code.

take and declare each other as husband

and

wife

before

(85) X borrowed money from a bank,

officiating officer.

secured by a mortgage on the land of Y, his

(B) At the time the spouses acquire

close friend. When the loan matured, Y

properties through joint efforts.

offered to pay the bank but it refused since

(C) On the date the future spouses

Y was not the borrower. Is the bank’s action

executed their marriage settlements

correct?

because this is the starting point of

(A) Yes, since X, the true borrower,

their marital relationship.

did not give his consent to Y’s offer

(D) On the date agreed upon by the

to pay.

future spouses in their marriage

(B) No, since anybody can discharge

settlements since their agreement is

X’s obligation to his benefit.

the law between them.

(C) No, since Y, the owner of the collateral, has an interest in the

(88) Josie, 18, married Dante, 25, without

payment of the obligation.

her parents’ knowledge and consent, and

(D) Yes, since it was X who has an

lived with him. After a year, Josie returned

obligation to the bank.

to her parents’ home, complained of the unbearable battering she was getting from

(86) The right of a mortgagor in a judicial

Dante, and expressed a desire to have her

foreclosure

marriage with him annulled. Who may

property

to after

redeem

the

mortgaged the

bring the action?

of

the

(A) Dante.

of

the

(B) Her parents.

mortgaged property or confirmation of the

(C) Josie herself.

sale by the court, is known as

(D) The State.

performance mortgage

of

but

his

default

the

conditions

before

the

sale

in

(A) accion publiciana. (B) equity of redemption.

(89) X, a married man, cohabited with Y, an

(C) pacto de retro.

unmarried woman. Their relation bore them

(D) right of redemption.

BB, a baby boy. Subsequently, after X became a widower, he married Y. Was BB legitimated by that marriage?


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(A) Yes, since his parents are now

(D) Yes, as long as they leave

lawfully married.

sufficient property for themselves

(B) Yes, since he is an innocent

and for their dependents.

party and the marriage rectified the wrong done him.

(92) X owed Y P1.5 million. In his will, X

(C) No, since once illegitimate, a

gave Y legacy of P1 million but the will

child

provided that this legacy is to be set off

shall

always

remain

illegitimate.

against the P1.5 million X owed Y. After the

(D) No, since his parents were not

set off, X still owed Y P500,000. Can Y still

qualified

collect this amount?

to

marry

each

other

when he was conceived.

(A) Yes, because the designation of Y as legatee created a new and

(90) The presence of a vice of consent

separate

juridical

relationship

vitiates the consent of a party in a contract

between them, that of testator-

and this renders the contract

legatee.

(A) Rescissible.

(B) It depends upon the discretion of

(B) Unenforceable.

the probate court if a claim is filed

(C) Voidable.

in the testate proceedings.

(D) Void.

(C) No, because the intention of the testator in giving the legacy is to

(91)

Can

properties

common-law of

spouses

substantial value

donate to

one

another?

abrogate his entire obligation to Y. (D)

No,

because

X

had

no

instruction in his will to deliver

(A) No, they are only allowed to

more than the legacy of P1 million to

give moderate gifts to each other

Y.

during family rejoicing. (B) No, they cannot give anything of

(93) Josie owned a lot worth P5 million

value

prevent

prior to her marriage to Rey. Subsequently,

placing their legitimate relatives at a

their conjugal partnership spent P3 million

disadvantage.

for the construction of a house on the lot.

(C) Yes, unlike the case of legally

The construction resulted in an increase in

married spouses, such donations

the value of the house and lot to P9 million.

are not prohibited.

Who owns the house and the lot?

to

each

other

to


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(A)

Josie

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and

conjugal

(C) When fortuitous circumstances

partnership of gains will own both

prevented the plaintiff from filing the

on a 50-50 basis.

case sooner.

(B) Josie will own both since the

(D) When

value

possession of the property.

of

the

the

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house

and

the

the

plaintiff

is

in

increase in the property’s value is less than her lot’s value; but she

(95) Conrad and Linda, both 20 years old,

is

applied for a marriage license, making it

to

reimburse

conjugal

partnership expenses.

appear

(C) Josie still owns the lot, it being

married without their parents’ knowledge

her

the

before an unsuspecting judge. After the

conjugal

couple has been in cohabitation for 6 years,

exclusive

house

property,

belongs

to

the

but

that they were over 25.

They

partnership.

Linda’s parents filed an action to annul the

(D) The house and lot shall both

marriage on ground of lack of parental

belong to the conjugal partnership,

consent. Will the case prosper?

with Josie entitled to reimbursement

(A) No, since only the couple can

for the value of the lot.

question

the

validity

of

their

marriage after they became 21 of (94)

An

action

for

reconveyance

of

a

age;

their

cohabitation

also

registered piece of land may be brought

convalidated the marriage.

against the owner appearing on the title

(B) No, since Linda’s parents made

based on a claim that the latter merely

no allegations that earnest efforts

holds such title in trust for the plaintiff.

have been made to come to a

The action prescribes, however, within 10

compromise with Conrad and Linda

years from the registration of the deed or

and which efforts failed.

the date of the issuance of the certificate of

(C)

title of the property as long as the trust had

voidable, the couple being below 21

not been repudiated. What is the exception

years of age when they married.

to this 10-year prescriptive period?

(D) Yes, since Linda’s parents never

(A) When the plaintiff had no notice

Yes,

since

the

marriage

is

gave their consent to the marriage.

of the deed or the issuance of the certificate of title.

(96) Pepito executed a will that he and 3

(B) When the title holder concealed

attesting witnesses signed following the

the matter from the plaintiff.

formalities of law, except that the Notary Public failed to come. Two days later, the


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Notary Public notarized the will in his law

(B) Separate since their property

office where all signatories to the will

relations with their legal spouses

acknowledged that the testator signed the

are still subsisting.

will in the presence of the witnesses and

(C) Co-ownership since they agreed

that the latter themselves signed the will in

to work for their mutual benefit.

the presence of the testator and of one

(D) Communal since they earned the

another. Was the will validly notarized?

same as common-law spouses.

(A) No, since it was not notarized on the occasion when the signatories

(98) What is the prescriptive period for filing

affixed their signatures on the will.

an action for revocation of a donation based

(B) Yes, since the Notary Public

on acts of ingratitude of the donee?

has to be present only when the

(A) 5 years from the perfection of the

signatories acknowledged the acts

donation.

required of them in relation to

(B) 1 year from the perfection of

the will.

the donation.

(C) Yes, but the defect in the mere

(C) 4 years from the perfection of the

notarization of the will is not fatal to

donation.

its execution.

(D) Such action does not prescribe.

(D) No, since the notary public did not require the signatories to sign

(99)

Before

Karen

married

Karl,

she

their respective attestations again.

inherited P5 million from her deceased mother which amount she brought into the

(97) Venecio and Ester lived as common-law

marriage. She later used part of the money

spouses since both have been married to

to buy a new Mercedes Benz in her name,

other persons from whom they had been

which Karen and her husband used as a

separated

family car. Is the car a conjugal or Karen’s

in

Hardworking

fact and

for

several

years.

bright,

each

earned

exclusive property?

incomes from their respective professions

(A) It is conjugal property since the

and enterprises. What is the nature of their

spouses use it as a family car.

incomes?

(B) It is Karen’s exclusive property

(A) Conjugal since they earned the

since it is in her name.

same while living as husband and

(C) It is conjugal property having

wife.

been bought during the marriage.


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(D) It

is

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Karen’s

exclusive

property since she bought it with

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should the lessees sue for damages? (1%) (1). A, the owner

her own money. (2). B, the engineer (100) Because of X’s gross negligence, Y suffered

injuries

that

resulted

in

the

abortion of the foetus she carried. Y sued X for, among other damages, P1 million for the death of a family member. Is Y entitled to indemnity for the death of the foetus she carried? (A) Yes, since the foetus is already regarded as a child from conception, though unborn. (B) No, since X’s would not have known

that

the

accident

would

result in Y’s abortion. (C) No,

since

birth

determines

personality, the accident did not result in the death of a person. (D) Yes, since the mother believed in her heart that she lost a child.

(3). both A & B SUGGESTED ANSWER: 3. Both A & B. The lessee may proceed against A for breach of contract, and against B for tort or statutory liability. Under Article 1654 (2) of the New Civil Code, the lessor is obliged to make all the necessary repairs in order to keep the leased property suitable for the use to which it has been devoted.

Consequently,

under

Article

1659 NCC, the proprietor of a building or structure is responsible for the damages resulting

from

its

total

or

partial

collapse, if it is due to lack of necessary repairs. Under Article 1723, NCC, the engineer

2010 Civil Law Exam MCQ

or architect who drew up the plans and

(September 12, 2010)

specifications for a building is liable for

No.II. Multiple choice.

damage if 15 years from the completion of

the

structure

the

same

should

collapse by a reason of a defect by those

(A). A had a 4-storey building which was

plans and specifications, or due to the

constructed by Engineer B. After five years,

defects in the ground. This liability

the

developed cracks and its

maybe enforced against the architect or

stairway eventually gave way and collapsed,

engineer even by a third party who has

resulting to injuries to some lessees. Who

no privity of contract with the architect

building

or engineer under Article 2192, NCC. “Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige

Page 176 of 180


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ALTERNATIVE ANSWER:

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(B) O, owner of Lot A, learning that Japanese soldiers may have buried gold

No.1. A , the owner .

and other treasures at the adjoining vacant

The lessee can sue only the lessor for

Lot

breach of contract under Article 1659 in

excavated in Lot B where she succeeded in

relation to Article 1654, NCC. The lessee

unearthing gold and precious stones. How

cannot sue the architect or the engineer

will the treasures found by O be divided?

because there was no privity of contracts

(1%)

between them. When sued, however, the lessor may file a third party claim against the architect or the engineer.

B

belonging

to

spouses

No. 2. B, the Engineer .

(3). 50% to O and 50% to the state

1723

the

engineer

Y,

(2). 50% to O and 50% to the spouses X and Y

Article

&

(1). 100% to O as finder

ANOTHER ALTERNATIVE ANSWER:

Under

X

or

(4). None of the above.

architect who drew up the plans and specifications for a building is liable for

SUGGESTED ANSWER:

damages if within 15 years from the completion of the structure, the same should collapse by reason of a defect in those plans and specifications, or due to the defects in the ground. Under Article 2192 (NCC), however, if the damages should be the result of any of the defects in the construction mentioned in Art 1723, NCC, the third person suffering damages may proceed only against the engineer

or

architect

or

contractor

within the period fixed therein. The damages suffered by the lessee in the problem are clearly those resulting from defects in the construction plans or specifications.

No. 4. None of the above. The general rule is that the treasure shall belong to the spouses X and Y, the owner of Lot B. Under Article 438 (NCC), the exception is that when the discovery of a hidden treasure is made on the property of another and by chance, onehalf thereof shall belong to the owner of the

land

and

the

other

one-half

is

allowed to the finder. In the problem, the finding of the treasure was not by chance because O knew that the treasure was in Lot B. While a trespasser is also not entitled to any share, and there is no indication in the problem whether or not O was a trespasser, O is not entitled to a


Page 177 of 180


[email protected]

mother

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share because the finding was not “by

or

alone,

even

in

a

public

chance.”

document, is not sufficient because the father and mother did not have a special power of attorney for the purpose. Under

(C) A executed a Deed of Donation in favor of B, a bachelor, covering a parcel of land valued at P1 million. B was, however, out of the country at the time. For the donation to be valid, (1%)

Article 745 (NCC), the donee must accept the donation personally, or through an authorized person with a special power of attorney for the purpose; otherwise, the donation shall be void. No.3 is also false. B cannot accept the

(1). B may e-mail A accepting the donation. (2). The donation may be accepted by B’s father with whom he lives.

convenient to him.

attorney may accept the donation for him. (5). None of the above is sufficient to make B’s acceptance valid

No. 5 None of the above is sufficient to make B's acceptance valid . donation must

them signed each and every page of the will. One of the witnesses was B, the father of one of the legatees to the will. What is the effect of B being a witness to the will? (1%)

(2). The will is valid and effective (3). The legacy given to B’s child is not valid

covered

an

immovable property, the donation and acceptance

(D) A executed a 5-page notarial will before

(1). The will is invalidated

SUGGESTED ANSWER:

the

accept the donation only during the

a notary public and three witnesses. All of

(4). B’s mother who has a general power of

the

Under Article 749 NCC, the donee may lifetime of the donor.

(3). B can accept the donation anytime

Since

donation anytime at his convenience.

be

in

public

document and e-mail is not a public document. Hence, No.1 is false. No. 2 and No.4 are both false. The acceptance by the donee’s father alone

SUGGESTED ANSWER: No. 3.

The legacy given to B's child is

not valid. The validity of the will is not affected by the legacy in favor of the son of an


Page 178 of 180


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attesting witness to the will. However,

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ALTERNATIVE ANSWER:

the said legacy is void under Article 823 NCC.

(D). all the above

ALTERNATIVE ANSWER:

(2). A deposit made in compliance with a legal obligation is:

No. 2 .The will is valid and effective. Under Article 823 ( NCC ),the legacy given

in

favor

of

the

son

of

an

instrumental witness to a will has no effect on the validity of the will. Hence,

(A). an extrajudicial deposit; (B). a voluntary deposit; (C). a necessary deposit;

the will is valid and effective. (D). a deposit with a warehouseman; (E). letters a and b

2007 Civil Law Exam MCQ (September 09, 2007)

SUGGESTED ANSWER: (C). a necessary deposit

No.IX. Multiple choice: Choose the right answer. (2% each)

(3). A contract of antichresis is always:

(1). The parties to a bailment are the:

(A). a written contract;

(A). bailor;

(B). a contract, with a stipulation that the debt will be paid through receipt of the

(B). bailee; (C) comodatario; (D). all the above; (E). letters a and b SUGGESTED ANSWER: (E). letters a and b

fruits of an immovable; (C). Involves the payment of interests, if owing; (D). All of the above; (E). Letters a and b SUGGESTED ANSWER:


Page 179 of 180


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(D). All of the above;

(D).

1/3

of

[email protected]

the

total

debts

must

be

represented by the approving creditors; (4). An, assignee in a proceeding under the Insolvency Law does not have the duty of:

(E). Letters a and b

(A). suing to recover the properties of the

SUGGESTED ANSWER:

state of the insolvent debtor; (C). 3/5 of the number of creditors (B). selling property of the insolvent debtor;

should agree to the settlement;

(C). ensuring that a debtor corporation

[Note: Items 4&5 on Insolvency Law are

operate

and

not included within the coverage of Civil

effectively while the proceedings are

Law but Commercial Law. It is therefore

pending;

suggested that the examinees be given

the

business

efficiently

full credit for the two items regardless of (D). collecting and discharging debts owed

their answers.]

to the insolvent debtor. SUGGESTED ANSWER: References: (C). ensuring that a debtor corporation operate

the

business

efficiently

and

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to

Bar

Examination

effectively while the proceedings are

Questions by the UP LAW COMPLEX

pending;

(2007, 2009, 2010)

(5). In order to obtain approval of the proposed settlement of the debtor in an insolvency proceeding.



UP LAW REVIEW



PHILIPPINE ASSOCIATION OF LAW SCHOOLS (2008)

(A). the court must initiate the proposal (B). 2/3 of the number of creditors should



lawphil.net

agree to the settlement; (C). 3/5 of the number of creditors should agree to the settlement;


Page 180 of 180

2007-2013 Civil Law Philippine Bar Examination Questions and Suggested Answers (JayArhSals&Ladot)

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