CIVIL LAW REVIEW I Final Exam (SAMPLEX) A. Choose the best answer answer and explain why. why. 1. Easeme Easement nt on inte interme rmedia diate te dist distan ane e is! a. An app appar aren entt ease easeme ment nt b. Appare Apparent nt and and non"a non"appa pparen rentt easem easement ent . #on" #on"ap appa pare rent nt easem easemen entt d. #one one o$ o$ th the abo abo% %e A. An apparent easement bea&se bea&se as de$ined de$ined by A'. A'. 1* (+) CC ,Apparent ,Apparent easement easement are those whih whih are made -nown and are ontin&ally -ept in %iew by external sins that re%eal the &se and en/oyment o$ the same0. An example o$ this this is a plant tree.
. A pre/&d pre/&dii iial al 2&est 2&estio ion n in%ol% in%ol%es! es! a. one i%il i%il and one rimin riminal al ase ase b. one i%i i%ill and one one admin administ istrat rati% i%e e ase ase . one i%il i%il and one adast adastral ral ase ase d. two two ri rimi mina nall ase ase A. one civil civil and one one criminal case bea&se as pro%ided in A'. A'. + CC the elements o$ pre/&diial 2&estion are the $ollowin! 1. Ci%il ation in%ol%es an iss&e similar or intimately related to the iss&e raised in the riminal ation3 and . he resol&tion o$ s&h iss&e determines whether or not the riminal ation may proeed. here$ore4 eneral r&le is that there m&st be one i%il and one riminal ase. 5ne i%il and one adastral ase is only the exeption as held in the ase o$ 6&de amin. amin.
+. 7rowi 7rowin n rops rops or or &nath &nathere ered d $r&it $r&its s are a. mo%a mo%abl ble e prop proper erty ty b. immo%able immo%able property property and mo%able mo%able at at the the same same time . immo immo%a %abl ble e pro prope pert rty y d. none none o$ the abo% abo%e e B. immovable property and movable at the same time. Certain thins may parta-e o$ the nat&re o$ real and personal personal property property at the same time. his is expressly reoni8ed reoni8ed in A' 91 () CC4 whih states that real property which by any provision provision of law is considered as personalty is is deemed to be movable or personal personal property. property. h&s4 &nder the Chattel Mortae Law (Se. :4 At. #o. 1*;<)4 rowin rops may be the s&b/et o$ a ontrat o$ hattel mortae. Similarly4 rowin rops may also be onsidered as personalty $or the p&rpose o$ a ontrat o$ sale. (A'. 19 CC) 9. Fi%e Fi%e years years is is the pres presri ripti pti%e %e period period to! to! a. $ile $ile petiti petition on $or $or lea leall separ separati ation on b. $ile $ile petiti petition on $or $or ann&lm ann&lment ent o$ o$ marria marriae e . to imp& imp&n n lei leiti tima may y o$ a hi hild ld d. all all o$ o$ th the abo abo% %e D. all of the above. =t above. =t is lear $orm the pro%ision o$ the Family Code that! A'. A'. *:. An action for legal separation shall separation shall be $iled within within five years $rom years $rom the time o$ the o&rrene o$ the a&se. A' 9:. S&bstantially S&bstantially it pro%ides that the action for annulment of marriage m&st marriage m&st be $iled within five years exept years exept $or a&ses mentioned in Art. 9*(). A'. A'. 1<. Leitimation may be imp&ned only by those who are pre/&died in their rihts4 within $i%e years $rom the time their a&se o$ ation ar&es.
*. Last will and testament shall be o%erned by! a. #ationality theory b. Lex Loi Celebritionis . Law o$ >omiile d. Lex 'ei Sitae A. Nationality theory. As pro%ided in A'. 1 () CC4 ,?owe%er4 intestate and testamentary s&essions4 both with respet to the order o$ s&ession and to the amo&nt s&essional rihts and to the intrinsi %alidity o$ testamentary pro%isions4 shall be re&lated by the national la o$ the person whose s&ession is &nder onsideration4 whate%er may be the nat&re o$ the property and reardless o$ the o&ntry wherein said property may be $o&nd.0 . A b&ilder in bad $aith is entitled to! a. $r&its o$ the property b. neessary expenses . ordinary expenses d. all o$ the abo%e B. necessary e!penses. As expressly pro%ided in A'. 9* CC4 the b&ilder4 planter or sower in bad $aith is entitled $or reimb&rsement $or the neessary expenses $or preser%ation o$ the land. Also4 the priniple o$ &n/&st enrihment is applied &nder A'. CC4 on whih the re2&isites are the $ollowin! 1. a person is &n/&stly bene$ited3 and . s&h bene$it is deri%ed at the expense o$ or with damaes to another.
:.
he Arhdioese o$ Manila reei%ed a he- in the amo&nt o$ o$ P*;;4;;; $rom Mr. 6&an dela Cr&8. he hewas enlosed in a sealed en%elope and was deli%ered to the 5$$ie o$ the Arhbishop. he $ollowin day4 Mr. dela Cr&8 ad%ised the 5$$ie o$ the Arhdioese not to deposit the he- bea&se the donation is %oid $or non" ompliane with the $ormalities &nder the i%il ode. =s the ontention o$ Mr. dela Cr&8 tenable. @hy BES. he donation is %oid. As pro%ided in A'. :9< CC4 the donation o$ a mo%able may be made orally or in writin. An oral donation re2&ires the sim<aneo&s deli%ery o$ the thin or o$ the do&ment representin the riht donated. =$ the %al&e o$ the personal property donated exceeds five thousand pesos4 the donation and acceptance shall be made in ritin". 5therwise4 the donation is %oid. =n the ase at bar4 the property donated is mo%able property whih exeeds $i%e tho&sand pesos. ased $rom the $ats4 the donation and aeptane was not made in writin. here$ore4 not omplyin with the $ormalities &nder the i%il ode4 the donation is %oid.
<.
Mario wrote the last will and testament o$ his si- wi$e eresa. he will was written in a lan&ae -nown to the testator and were n&mbered onse&ti%ely. Sine she o&ld not anymore mo%e her hands4 eresa &sed her th&mb mar- as her sinat&re. Aside $rom their helper4 dri%er and la&ndry woman4 Mario also sined as one o$ the witnesses. he will was a-nowleded by the witnesses and notari8ed the $ollowin day. =s the will %alid @hy BES4 pro%ided that the re2&isite $or 2&ali$iations o$ the testator and witnesses are present. =n the ase at bar4 as held in the ase o$ ESAE 5F MA'=A SALDA4 SC r&led that the testators ?M MA'G is always a %alid and s&$$iient sinat&re $or the p&rpose o$ omplyin with the re2&irement. here seems to be n o basis $or limitin the %alidity o$ th&mb mar-Hprints to ases o$ in$irmity or illness. 'eardin the 2&ali$iation $or the testator4 she m&st be o$ so&nd mind when she was ma-in the will and when she &sed her th&mb mar- as sinat&re. 5n the other hand4 the witness m&st be! 1. at least 1< years old3 . physially $it (not dea$4 d&mb or blind)3 +. literate4 able to read and write3 9. no prior on%ition $or per/&ryH $alse testimonyH $alsi$iation3 *. so&nd mind3 . not the notary p&bli be$ore whom the will is a-nowleded3 and :. domiile in the Philippines.
Alternative answer
#o$ can anser I% DE&END' and then ($alify )R N)% NECE''AR# if yo$r professor is Atty. *ribe +,-
I.
#estor died lea%in an estate worth P1;M. ?e le$t an obliation worth P*;;4;;;. >&rin his li$etime4 he donated the amo&nt o$ P;;4;;; to AC Fo&ndation. ?e died witho&t a will. ?e was s&r%i%ed by his li%ed"in partner 6enny4 mother Maria4 brother 6ose4 adopted son Carlos. ?ow sho&ld the estate o$ #estor be distrib&ted N)%E/ >= AG5 S'E (,4) First4 ded&t the P*;;4;;; and as well as the P;;4;;; to P1;M. Seond4 apply A'. 19: or 19< o$ the FC4 as the ase may be4 in order to determine the estate o$ #estor alone. hen4 apply the r&le in intestate s&ession. =n this ase4 the estate o$ #estor will be di%ided between mother Maria and the adopted son Carlos. he partition will be J and J respeti%ely. Moreo%er4 brother 6ose is exl&ded bea&se the r&les in intestate s&ession pro%ides that! 1. an intestate heir is not neessarily a omp&lsory heir(li-e a brother or sister)3 and . relati%es nearer or nearest in deree exl&de the more distant ones.
1;. A$ter Meralo reei%ed a $a%orable deision $rom the o&rt4 it &neremonio&sly &t the eletri ser%ie onnetion in respondents resta&rant witho&t proper notie. 'espondent $iled an Ation $or >amaes aainst Meralo. Meralo mo%ed $or the dismissal o$ the omplaint on the ro&nd that sine a $a%orable deision was already rendered in its $a%or. =t has the a&thority to &t the eletri s&pply o$ respondent. =$ yo& are the /&de4 how wo&ld yo& resol%e the motion @hy =$ = were the /&de4 = will resol%e the motion in $a%or o$ respondent. =n this ase4 the respondent sho&ld be i%en d&e proess whih in%ol%es the notie o$ disonnetion. As pro%ided in A'. 1I CC4 e%ery person m&st4 in the exerise o$ his rihts and in the per$ormane o$ his d&ties4 at with /&stie4 i%e e%eryone his d&e and obser%e honesty and ood $aith. Moreo%er4 A'. ; and 1 CC an also be applied.
11. =n 1I
Marriae o$ Celia and adon
V)ID. he marriae o$ Celia and adon is %oid bea&se it is a biamo&s marriae. =t is one o$ the en&merated &nder A' +* FC whih is onsidered %oid $rom the beinnin. d.
6&lio4 son o$ Celio and adon
ILLE0I%I1A%E C2ILD. 6&lio is an illeitimate hild o$ Celio and adon $or the reason that A' 1* FC pro%ides that hildren onei%ed and born o &tside a %alid marriae are illeitimate4 &nless otherwise pro%ided in this Code. e.
@hat is the matrimonial property reime o%erns the properties o$ Celia and adon
he matrimonial property reime that o%erns the properties o$ Celia and adon is co3onership &nder AR% 456 7C. =n the ase at bar4 there exist an impediment to marry eah other. he marriae o$ Celia and adon is a biamo&s one. 1. >&e to the ad%ie o$ his $ather that there is a box o$ /ewelries b&ried in the land o$ erto4 6ose deided to lease the said property. herea$ter4 6ose started to ond&t exa%ations and indeed $o&nd the box o$ /ewelries. =t appears that the /ewelries were stolen by 6oses $ather $rom XBK Pawnshop and b&ried them in the property o$ erto a$ter he was bein p&rs&ed by the polie a&thorities. a.
Can /ewelries be onsidered as hidden treas&re @hy
#5. he /ewelries annot be onsidered as hidden treas&re. As pro%ided in A'. 9+I CC pro%ides that by treas&re is &nderstood4 $or leal p&rposes4 any hidden and &n-nown deposit o$ money4 /ewelry or other preio&s ob/ets4 the law$&l ownership o$ whih is &n-nown. =n the ase at bar4 the law$&l ownership is -nown $or the $at that the /ewelries were stolen by 6oses $ather $rom XBK Pawnshop. b. =s 6ose entitled to the /ewelries @hy #5. 6ose annot be onsidered as a $inder. nder A'. 9+< CC4 the $ollowin are the re2&isites in o rder that the r&le reardin diso%ery o$ hidden treas&re by a straner on property belonin to another be applied! A. the treas&re m&st onsist o$ money4 /ewelry or other preio&s ob/ets3 . it m&st be hidden and &n-nown3 C. law$&l ownership does not appear3 >. the diso%ery m&st be by hane3 and E. the diso%erer m&st be a straner and not trespasser. =n the ase at bar4 the abo%e"mentioned re2&isites are not present. First4 s&h thin is not onsidered as a treas&re bea&se law$&l ownership is -nown. Seond4 the diso%ery was not by hane d&e to the $at that 6oses $ather -nows the $at that the /ewelries were b&ried in the land o$ erto. .
Ass&min that the property was bo&ht by 6ose $rom erto4 does he ha%e the riht to laim o$ ownership o%er the /ewelries #54 6ose does not ha%e the riht to laim ownership $or the reason that it is not a hidden treas&re. here$ore4 A'. 9+< CC whih pro%ides that the hidden treas&re belons to the owner o$ the land4 b&ildin4 or other property on whih it is $o&nd does not apply. =nstead4 A'. :1I CC m&st be applied on whih it s&bstantially pro%ides that whoe%er $inds a mo%able4 whih is not treas&red4 m&st ret&rn it to its preio&s possessor. =$ the latter is &n-nown4 the $inder shall immediately deposit it with the mayor o$ the ity or m&niipality where the $indin has ta-en plae.
1+. 6ose allowed to &se his property in &laan $or 1; years. A$ter the lapse o$ the period areed &pon4 Maria see-s reimb&rsement $rom 6ose the expenses she in&rred $or the impro%ements she made on the property while 6ose demands the %al&e o$ the $r&its Maria athered $rom the land d&rin her o&pany. a. =s Maria entitled to reimb&rsement @hy = >EPE#>S. 'eardin expenses $or ordinary repairs4 as pro%ided in A' *I CC4 the &s&$r&t&ary is oblied to ma-e the ordinary repairs needed by the thin i%en in &s&$r&t. 5n the other hand4 A'. *I+ CC4 extraordinary repairs shall be at the expense o$ the owner. he &s&$r&t&ary is oblied to noti$y the owner when the need $or s&h repair is &rent. here$ore4 Maria is entitled to reimb&rsement only to expenses $or extraordinary repairs.
8*ER#/ W2A% I7 2INDI NA3N)%I7# NI 1ARIA *N0 )WNER &ER) NI3RE&AIR &A DIN N#A- EN%I%LED &A BA '#A 'A REI1B*R'E1EN%9
b.
>oes Maria ha%e the obliation to pay 6ose the %al&e o$ the $r&its she reei%ed d&rin her o&pany @hy #5. As pro%ided &nder A'. *+ CC4 the &s&$r&t&ary shall be entitled to all nat&ral4 ind&strial and i%il $r&its o$ the property in &s&$r&t.
19. person a. b. . d.
a&thori8ed to solemni8ed marriae is military ommander /&stie o$ the CA airplane hie$ %ie"ons&l
Answer! . 6&stie o$ the CA4 bea&se the three other options pertains to persons who an solemni8e marriae in arti&lo mortis or marriae &nder exeptional harater asis! Art. :. Marriae may be solemni8ed by! (1) Any in&mbent member o$ the /&diiary within the o&rts /&risdition3 () Any priest4 rabbi4 imam4 or minister o$ any h&rh or reliio&s set d&ly a&thori8ed by his h&rh or reliio&s set and reistered with the i%il reistrar eneral4 atin within the limits o$ the written a&thority ranted by his h&rh or reliio&s set and pro%ided that at least one o$ the ontratin parties belons to the solemni8in o$$iers h&rh or reliio&s set3 (+) Any ship aptain or airplane hie$ only in the ase mentioned in Artile +13 (9) Any military ommander o$ a &nit to whih a haplain is assined4 in the absene o$ the latter4 d&rin a military operation4 li-ewise only in the ases mentioned in Artile +3 (*) Any ons&l"eneral4 ons&l or %ie"ons&l in the ase pro%ided in Artile 1;. (*a)
1*. $i%e years is the presripti%e period in an! a. ation to imp&n leitimay b. ation to imp&n leitimation . ann&lment o$ marriae d. ation to laim leitimay answer! C or > asis! Art. 9:. he ation $or ann&lment o$ marriae m&st be $iled by the $ollowin persons and within the periods indiated herein! (1) For a&ses mentioned in n&mber 1 o$ Artile 9* by the party whose parent or &ardian did not i%e his or her onsent4 within $i%e years a$ter attainin the ae o$ twenty"one4 or by the parent or &ardian or person ha%in leal hare o$ the minor4 at any time be$ore s&h party has reahed the ae o$ twenty"one3 () For a&ses mentioned in n&mber o$ Artile 9*4 by the same spo&se4 who had no -nowlede o$ the others insanity3 or by any relati%e or &ardian or person ha%in leal hare o$ the insane4 at any time be$ore the death o$ either party4 or by the insane spo&se d&rin a l&id inter%al or a$ter reainin sanity3 (+) For a&ses mentioned in n&mber + o$ Artile 9*4 by the in/&red party4 within $i%e years a$ter the diso%ery o$ the $ra&d3 (9) For a&ses mentioned in n&mber 9 o$ Artile 9*4 by the in/&red party4 within $i%e years $rom the time the $ore4 intimidation or &nd&e in$l&ene disappeared or eased3 (*) For a&ses mentioned in n&mber * and o$ Artile 9*4 by the in/&red party4 within $i%e years a$ter the marriae. (<:a) Art. 1:+. he ation to laim leitimay may be bro&ht by the hild d&rin his or her li$etime and shall be transmitted to the heirs sho&ld the hild die d&rin minority or in a state o$ insanity. =n these ases4 the heirs shall ha%e a period o$ $i%e years within whih to instit&te the ation.
1. an inident o$ ownership is a. /&s possessionis b. /&ridial title . /&s possidendi d. onstit&t&m possessori&m answer! C. /&s possidendi means the riht to possession is a mere inident o$ ownership 1:. ro&nd $or re%oation o$ donation a. non"$&l$illment o$ resol&tory ondition b. appearane o$ a hild . ino$$io&s donation d. $ail&re to reser%e property answer! A. non $&l$illment o$ resol&tory ondition. he other three pe rtains to red&tion o$ donation. asis! Art :9. the donation shall be re%o-ed at the instane o$ the donor4 when the donee $ails to omply with any o$ the onditions whih the $ormer imposed &pon the latter. 1<. an example o$ an aession disreta a. i%il $r&its b. b&ildin . a%&lsion d. ommixtion answer! A. i%il $r&its aession diseta" by internal $ores -inds o$ $r&its 1. nat&ral $r&its"spontaneo&s prod&ts o$ soil and yo&n o$ animals . ind&strial $r&its" prod&ed by lands o$ any -ind thro&h <i%ation or labor +. i%il $r&its" rents o$ b&ildins4 rents o$ lands4 amo&nt o$ perpet&al or li$e ann&ities 1I. $ertili8er is! a. immo%able property b. mo%able property . ons&mable property d. res n&lli&s answer! A. immo%able basis! Art. 91*. he $ollowin are immo%able property! (:) Fertili8er act$ally $sed on a piee o$ land3 ;. easement o$ a2&ed&t is! a. ontin&o&s easement b. ontin&o&s and non"apparent . disontin&o&s d. ontin&o&s and apparent answer! >. ontin&o&s and apparent basis! Art. 1*. Easements may be ontin&o&s or disontin&o&s4 apparent or nonapparent. Contin&o&s easements are those the &se o$ whih is or may be inessant4 witho&t the inter%ention o$ any at o$ man. >isontin&o&s easements are those whih are &sed at inter%als and depend &pon the ats o$ man. Apparent easements are those whih are made -nown and are ontin&ally -ept in %iew by external sins that re%eal the &se and en/oyment o$ the same. #onapparent easements are those whih show no external indiation o$ their existene. (*+) Art. 9. Any person who may wish to &se &pon his own estate any water o$ whih he an dispose shall ha%e the riht to ma-e it $low thro&h the inter%enin estates4 with the obliation to indemni$y their owners4 as well as the owners o$ the lower estates &pon whih the waters may $ilter or desend. (**:)
1. ation to reo%er possession o$ real property a. aion p&bliiana b. 2&ietin o$ title . aion pa&liana d. reple%in answer! aion p&bliiana %2REE :IND' )7 AC%I)N 7)R REC)VER# )7 &)''E''I)N ACCI)N IN%ERDIC%AL ACCI)N &*BLICIANA s&mmary ation $or the a plenary ation $or the reo%ery o$ physial reo%ery o$ the real riht o$ possession where the possession when the dispossession has not lasted dispossession has lasted $or $or more than one year. more than one year. e/etment proeedin &nder '&le :;3 either $orible entry or &nlaw$&l detainer
ACCI)N REINVIDICA3%)RIA an ation $or the reo%ery o$ ownership4 wH neessarily inl&des the reo%ery o$ possession.
. omp&lsory heir a. $ather b. rand$ather . adopted hild d. brother answer! C. adopted hild basis! Art. <<:. he $ollowin are omp&lsory heirs! (1) Leitimate hildren and desendants4 with respet to their leitimate parents and asendants3 () =n de$a< o$ the $oreoin4 leitimate parents and asendants4 with respet to their leitimate hildren and desendants3 (+) he widow or widower3 (9) A-nowleded nat&ral hildren4 and nat&ral hildren b y leal $ition3 (*) 5ther illeitimate hildren re$erred to in Artile <:. Comp&lsory heirs mentioned in #os. +4 94 and * are not exl&ded by those in #os. 1 and 3 neither do they exl&de one another. =n all ases o$ illeitimate hildren4 their $iliation m&st be d&ly pro%ed. he $ather or mother o$ illeitimate hildren o$ the three lasses mentioned4 shall inherit $rom them in the manner and to the extent established by this Code. Effects of adoption! All leal ties between the bioloial parents and the adoptee shall be se%ered and the same shall be 1 . %ested in the adopters3 Exept! bioloial parent is the spo&se o$ the adopter he adoptee shall be onsidered as a leitimate hild o$ the adopter $or all intents and p&rposes3 2 . =n leal and intestate s&ession4 the adoptee and adopters shall ha%e reiproal rihts o$ s&ession witho&t distintion $rom leitimate $iliation. ?owe%er4 i$ a will was le$t4 the r&les on testamentary s&ession shall be $ollowed. 3 .
+. $amily home is not exempted $rom attahment i$ obliation re$ers to! a. non payment o$ taxes b. debt in&rred prior to onstit&tion . debt se&red by mortae d. salaries o$ onstr&tion wor-ers answer! 4 debt in&rred prior to onstit&tion. he other options has limitations while debt in&rred prior to onstit&tion is absol&te. asis! Art. 1**. he $amily home shall be exempt $rom exe&tion4 $ored sale or attahment exept! (1) For nonpayment o$ taxes3 (payment o$ real property tax) () For debts in&rred prior to the onstit&tion o$ the $amily home3
(+) For debts se&red by mortaes on the premises be$ore or a$ter s&h onstit&tion3 and (9) For debts d&e to laborers4 mehanis4 arhitets4 b&ilders4 materialmen and others who ha%e rendered ser%ie or $&rnished material $or the onstr&tion o$ the b&ildin. (onstr&tion o$ $amily home)
9. 6ose the owner o$ a 1;s2.m lot allowed his &s&$r&t&ary Melhor to onstr&t a ho&se on his lot. =t appears that the onstr&tion materials &sed by Melhor were owned by >a%id(li-e ement4 ra%el and sand). >is&ss the rihts and or obliations o$ 6ose4 Melhor and >a%id. Landoner in "ood faith hile B;&;' and oner of material in bad faith- landowner has the )&%I)N'/ a) to a2&ire impro%ement witho&t indemnity &L*' ollet damaes3 b) demolish or restore and ollet damaes3 ) sell to HP or rent to S and ollet damaes and pay neessary expenses. (Arts. 99I4 9*;4 9*1) HPHS an reo%er neessary expenses b&t loses impro%ement witho&t riht to indemnity $rom L5 &nless L5 sells land. (Art. 9*) 5wner o$ material an reo%er %al&e $rom HPHS and i$ latter a2&ires impro%ement4 may remo%e materials witho&t in/&ry. (Art. 99:) 5wner o$ material has no ation aainst L54 maybe liable to L5 $or damaes. *. omas and Martha li%ed toether as h&sband and wi$e witho&t the bene$it o$ marriae $or $i%e years. >&rin their li%in toether4 omas bo&ht a ho&se and lot. A$ter their separation4 Martha laims that she is entitled to hal$ o$ the %al&e o$ the ho&se and lot o$ omas ommon"law spo&se. =s the laim o$ Martha tenable @hy he ontention o$ Martha will depend on whether there is impediment or none at the time o$ li%in in toether as h&sband and wi$e.
Applicability
&roperty E!cl$sively &arty
AR%ICLE 45<
AR%ICLE 456
1. here is no leal impediment to marry
1. there is leal impediment to marry . ad<ero&s relationships +. biamo&s or polyamo&s marriaes 9. inest&o&s %oid marriaes &nder Art. +: *. %oid marriaes by reason o$ p&bli poliy &nder Art. +<
Ac($ired belons to s&h party pro%ided by Either there is proo$ that heHshe a2&ired it by exl&si%e $&nds
belons to s&h party
. #estor donated a I tele%ision set to CA Fo&ndation $or the bene$it o$ the hildren. =s the donation %alid >epends on whether or not #estor has apaity to at as donor. Formal 'e2&irement 1ovable property! 1.a) Less than P*4;;;.;; oral4 sim<aneo&s deli%ery. 1.b) P*4;;; or more donation and aeptane in writin4 otherwise
donation is %oid. (Art. <56)
:. en who is separated $rom his wi$e anya4 le$t his $i%e year old hild ,ibit0 to his mother 6ose$a to wor- in Sa&di Arabia. @hen anya learned abo&t it4 she went to her mother"in"law to et the &stody o$ ,ibit0 . 6ose$a re$&sed to i%e the &stody o$ the hild bea&se aordin to her4 the bioloial $ather o$ the hild en4 entr&sted the are and &stody to her. a) what is the proper leal remedy a%ailable to anya @hy ?abeas orp&s is the proper remedy to reain &stody o$ minor hild. %i=in" vs. CA
As pro%ided4 the $ather and the mother shall jointly exerise parental a&thority o%er the persons o$ their ommon hildren. ?a%in s&h riht4 then anya has the riht to $ile habeas orp&s4 whih is a remedy pro%ided $or one who is depri%ed o$ the riht$&l &stody o$ the hild. #! in ase o$ leal separation Art. >?. +? he &stody o$ the minor hildren shall be awarded to the innoent spo&se4 s&b/et to the pro%isions o$ Artile 1+ o$ this Code b) does 6ose$a exerise speial parental a&thority o%er ibit @hy 6ose$a an exerise speial parental a&thority o%er ibit. 'pecial parental a$thority is exerised on&rrently with the parental a&thority o$ the parents and rest on the theory that while the hild is in the &stody o$ the person exerisin speial parental a&thority4 the parents temporarily relin2&ish parental a&thority o%er the hild to the latter
<. Mi&elito reei%ed $rom his mother a ondo &nit a$ter he passed the bar exam in 1II;. =n 1II his mother died. =n 1II4 Mi&elito sold to his step $ather 6&an the same ondo &nit. =n ;;;4 6&an died in a ar aident and was s&r%i%ed by his step hildren Mi&elito and Carla4 as well as his illeitimate hild #ante. @ho has the riht o%er the ondo &nit @hy @
#ante4 the illeitimate hild4 has the riht o%er the ondo &nit. As a r&le when a person died witho&t a will4 a %oid will or a will that has lost its %alidity leal s&ession shall ta-e plae. nder leal s&ession property o$ the deeased shall be trans$erred to his relati%es nearest in deree. =n the ase at bar #ante is the only s&r%i%in relati%e o$ the deeased. Mi&elito and Carla are not onsidered as intestate heir o$ 6&an sine there are only his step hildren. I. Martha4 bo&ht a real property s&rro&nded by the property o$ Pedro on the north4 by the property o$ Mada on the so&th4 the property o$ Carlos on the east4 and the property o$ Antonio on the west. Martha has no way to the main road. Aainst whom an she demand the easement o$ riht o$ way @
he answer wo&ld depend on whom amon Pedro4 Mada4 Carlos and Antonio is the owner o$ the property whih is nearest to the p&bli hih way. As pro%ided &nder Art. *; o$ the Ci%il Code4 the easement o$ riht o$ way shall be established at the point least pre/&diial to the ser%ient estate4 and4 inso$ar as onsistent with this r&le4 where the distane o$ the dominant estate to a p&bli hihway may be the shortest. +;. &ddy and #adia ot married witho&t the blessins o$ their parents. At that time4 &ddy was 9 years old while #adia was ; years old. =s the marriae %alid @hy @
he marriae is %alid &ntil ann&lled. nder Art. 9* o$ the Family Code4 pararaph 1! he marriae may be ann&lled $or any o$ the $ollowin a&ses existin at the time o$ the marriae! 1. hat the party in whose behal$ it is so&ht to ha%e the marriae ann&lled was eihteen years o$ ae or o%er b&t below twenty"one4 and the marriae is solemni8ed witho&t the onsent o$ the parents4 &ardian4 or person ha%in s&bstit&te parental a&thority o%er the party in that order4 &nless a$ter attainin the a e o$ twenty"one4 s&h party $reely ohabitated with the other and both li%ed toether as h&sband and wi$e. +1. Caridad a Spanish national wor-in as an ao&ntant o$ #esbi Corporation in the Philippines4 wo&ld li-e to exe&te her last will and testament. @hat law sho&ld o%ern the will @ hy @
@ith reard to the intrinsi %alidity o$ the will the national law o$ the person whose s&ession is &nder onsideration shall o%ern. As pro%ided &nder Art. 14 par. o$ the Ci%il Code! XXX ?owe%er4 intestate and testamentary s&essions4 both with respet to the order o$ s&ession and to the amo&nt o$ s&essional rihts and to the intrinsi %alidity o$ testamentary pro%isions4 shall be re&lated by the national law o$ the person whose s&ession is &nder onsideration4 whate%er may be the nat&re o$ the property and reardless o$ the o&ntry wherein said property may be $o&nd. 5n the other hand4 with reard to the extrinsi %alidity or $orm4 the law o$ the o&ntry where the will is exe&ted shall o%ern. Art. 1: 1st pararaph4 o$ the Ci%il Code pro%ides that! Art. 1:. he $orms and solemnities o$ ontrats4 wills4 and other p&bli instr&ments shall be o%erned by the laws o$ the o&ntry in whih they are exe&ted.
+. @illy is the hild o$ renda $rom her li%e"in partner Amado who le$t renda be$ore @illys birth. @hen renda learned that Amado does not li-e to reoni8e @illy as his own hild4 she $iled a petition $or omp&lsory reonition =$ yo& are the /&de4 how will yo& /&de the petition @hy @ he petition sho&ld be dismissed. Artile 1:+ o$ the Family Code pro%ides that! Art. 1:+. he ation to laim leitimay may be bro&ht by the hild d&rin his or her li$etime and shall be transmitted to the heirs sho&ld the hild die d&rin minority or in a state o$ insanity. =n these ases4 the heirs shall ha%e a period o$ $i%e years within whih to instit&te the ation. =n the ase at bar4 the hild sho&ld be the one to $ile the petition $or omp&lsory reonition and not his mother. he mother shall only ha%e the riht to $ile a petition $or omp&lsory reonition i$ the hild died d&rin minority or n a state o$ insanity.
++. a. b. . d.
riia4 a n&rsery st&dent4 is &nder the a&thority o$! parents teaher randparents all o$ the abo%e
@ a. parents
Art. 11 o$ the Family ode pro%ide that! he $ather and the mother shall /ointly exerise parental a&thority o%er the persons o$ their ommon hildren. =n ase o$ disareement4 the $athers deision shall pre%ail4 &nless there is a /&diial order to the ontrary. +9. a. b. c. d.
'iht that annot be %alidly wai%ed! riht o$ an employee to $ile a ase aainst the employer riht to inheritane ri"ht to s$pport all o$ the abo%e
@ c. ri"ht to s$pport
As a eneral r&le4 rihts may be wai%ed exept i$ 1. he wai%er is ontrary to law4 p&bli order4 p&bli poliy morals or ood &stom . =t is pre/&diial to a third person. =t is a settled /&rispr&dential r&le that the riht to s&pport annot be wai%ed by the mother o$ the hild bea&se s&h wai%er is ontrary to law and aainst p&bli poliy. +*. a. b. c. d.
Fi%e years is the presripti%e period in! ation to imp&n the leitimation ation $or omp&lsory reonition ann$lment of marria"e all o$ the abo%e
@ c. ann$lment of marria"e Art. 9: o$ the $amily ode pro%ide that! he ation $or ann&lment o$ marriae m&st be $iled by the $ollowin persons and within the periods indiated herein! (1) For a&ses mentioned in n&mber 1 o$ Artile 9* by the party whose parent or &ardian did not i%e his or her onsent4 within five years after attainin" the a"e of tenty3one- or by the parent or &ardian or person ha%in leal hare o$ the minor4 at any time be$ore s&h party has reahed the ae o$ twenty"one3 () For a&ses mentioned in n&mber o$ Artile 9*4 by the same spo&se4 who had no -nowlede o$ the others insanity3 or by any relati%e or &ardian or person ha%in leal hare o$ the insane4 at any time be$ore the death o$ either party4 or by the insane spo&se d&rin a l&id inter%al or a$ter reainin sanity3 (+) For a&ses mentioned in n&mber + o$ Artile 9*4 by the in/&red party4 ithin five years after the discovery of the fra$d@ (9) For a&ses mentioned in n&mber 9 o$ Artile 9*4 by the in/&red party4 ithin five years from the time the force- intimidation or $nd$e infl$ence disappeared or ceased@ (*) For a&ses mentioned in n&mber * and o$ Artile 9*4 by the in/&red party4 ithin five years after the marria"e.
+. Absene o$ two witness in elebration o$ marriae will ma-e the marriae! a. valid b. %oid ab initio
. %oidable d. &nen$oreable @ a. valid
Art. 9. he absene o$ any o$ the essential or $ormal re2&isites shall render the marriae %oid ab initio4 exept as stated in Artile +* (a). A de$et in any o$ the essential re2&isites shall render the marriae %oidable as pro%ided in Artile 9*. An irre&larity in the $ormal re2&isites shall not a$$et the %alidity o$ the marriae b&t the party or parties responsible $or the irre&larity shall be i%illy4 riminally administrati%ely liable. =n the ase at bar absene o$ two witnesses is a mere irre&larity in the $ormal re2&isites hene it will not a$$et the %alidity o$ marriae b&t the party responsible wo&ld be held riminally4 i%illy4 administrati%ely liable. +:. a. b. . d.
Absene o$ two witness in the exe&tion o$ a will shall ma-e the will! %alid void ab initio %oidable &nen$oreable
@ b. %oid ab initio
=$ it is a #5A'=AL @=LL4 the will shall be %oid bea&se art. <;* o$ the i%il ode re2&ires that there m&st be atleast three (+) or more witnesses. Art. <;*. E%ery will4 other than a holoraphi will4 m&st be s&bsribed at the end thereo$ by the testator himsel$ or by the testators name written by some other person in his presene4 and by his express diretion4 and attested and s&bsribed by three or more redible witnesses in the presene o$ the testator and o$ one another. he testator or the person re2&ested by him to write his name and the instr&mental witnesses o$ the will shall also sin4 as a$oresaid4 eah and e%ery pae thereo$4 exept the last4 on the le$t marin4 and all the paes shall be n&mbered orrelati%ely in letters plaed on the &pper part o$ eah pae. he attestation shall state the n&mber o$ paes &sed &pon whih the will is written4 and the $at that the testator sined the will and e%ery pae thereo$4 or a&sed some other person to write his name4 &nder his express diretion4 in the presene o$ the instr&mental witnesses4 and that the latter witnessed and sined the will and all the paes thereo$ in the presene o$ the testator and o$ one another. =$ the attestation la&se is in a lan&ae not -nown to the witnesses4 it shall be interpreted to them. +<. a. b. . d.
7ro&nd $or leal separation! lesbianism physial %iolene sex&ally transmissible disease dr& addition
@ a. lesbianism or d. dr$" addiction
Art. **. A petition $or leal separation may be $iled on any o$ the $ollowin ro&nds! (1) 'epeated physial %iolene or rossly ab&si%e ond&t direted aainst the petitioner4 a ommon hild4 or a hild o$ the petitioner3 () Physial %iolene or moral press&re to ompel the petitioner to hane reliio&s or politial a$$iliation3 (+) Attempt o$ respondent to orr&pt or ind&e the petitioner4 a ommon hild4 or a hild o$ the petitioner4 to enae in prostit&tion4 or onni%ane in s&h orr&ption or ind&ement3 (9) Final /&dment sentenin the respondent to imprisonment o$ more than six years4 e%en i$ pardoned3 + Dr$" addiction or habit$al alcoholism of the respondent@ +> Lesbianism or homose!$ality of the respondent@ (:) Contratin by the respondent o$ a s&bse2&ent biamo&s marriae4 whether in the Philippines or abroad3 (<) Sex&al in$idelity or per%ersion3 (I) Attempt by the respondent aainst the li$e o$ the petitioner3 or (1;) Abandonment o$ petitioner by respondent witho&t /&sti$iable a&se $or more than one year. y express pro%ision o$ the law lesbianism and dr& addition are ro&nds $or leal separation. +I. a. b. c. d.
An illeal4 immoral ondition imposed in a will is alled! disposiion aptoria a&ion moiana sabinian doctrine resol&tory ondition
@ c. sabinian doctrine
nder this dotrine4 illeal4 immoral and impossible onditions are onsidered not imposed. h&s4 e$$et is p&re instit&tion. 9;. a. b. c. d.
Person entitled to reo%er neessary and &se$&l expenses bailee lessee possessor in "ood faith all o$ the abo%e
@ c. possessor in "ood faith
@ell settled is the r&le that a possessor in ood $aith has a riht o$ retention o%er the property in ase the owner $ails or re$&ses to pay the neessary and &se$&l expenses in&rred by the said p ossessor. 91. a. b. c. d.
En/oys the riht o$ &s&$r&t&ary! bailee reser%ista fid$ciary lessee
@ c. fid$ciary
=t is a settled r&le that the $irst heir or the $id&iary in a $ideiommissary s&bstit&tion en/oys the only the riht o$ a &s&$r&t&ary4 sine he is &nder obliation to preser%e and trans$er the said property to the seond heir. 9. a. b. . d.
Preteretion an be appliable to! s&r%i%in spo&se le"itimate children illeitimate hildren s&r%i%in deendants
@ b. le"itimate children Art. <*9 o$ the Ci%il Code pro%ide that! he preterition or omission o$ one4 some4 or all o$ the omp&lsory heirs in the direct line4 whether li%in at the time o$ the exe&tion o$ the will or born a$ter the death o$ the testator4 shall ann&l the instit&tion o$ heir3 b&t the de%ises and leaies shall be %alid inso$ar as they are not ino$$iio&s. =$ the omitted omp&lsory heirs sho&ld die be$ore the testator4 the instit&tion shall be e$$et&al4 witho&t pre/&die to the riht o$ representation.
CIVIL LAW REVIEW 4 +7inal E!am '# 5
=. Choose the ES A#S@E' and EXPLA=# @?B. (1;N eah) 1. he $amily home an be attahed $or! A. Payment o$ apital ains tax . Payment o$ salaries o$ employees C. Payment o$ obliations in&rred be$ore the onstit&tion o$ $amily home >. All o$ the abo%e AN'WER/ C Art. 155 of the Family Code provides that the family home shall be exempt from execution, forced sale or attachment except !1" For nonpayment of taxes# !$" For debts incurred prior to the constitution of the family home# !%" For debts secured by mortgages on the premises before or after such constitution# and
!&" For debts due to laborers, mechanics, architects, builders, material men and others who have rendered service or furnished material for the construction of the building.
Please check: Answer may be A or C but I think it is C because the creditor already acquired a vested right. In my opinion it is not A, because taxes under Art. !! re"er to real estate taxes #ito yung amilyar ng bahay$. Although capital gains tax may be construed as a tax on real estate, it is not the %amilyar ng bahay& because capital gains tax is a tax imposed by the government on sale o" real property. '" course it is not ( because the law re"ers to debts due to laborers, mechanics xxx who have rendered service o" "urnished material "or the construction o" the building. ) *aye ) . >onation is %oid i$! A. 'esol&tory ondition imposed in the donation did not ta-e plae . S&spensi%e ondition imposed in the donation did not ta-e plae C. >onee is &n$aith$&l to her h&sband >4 >onee is the personal dotor o$ the donor AN'WER D See Art. 1;: (*) dis2&ali$ied donee O personal dotor o$ the donor. +. Filiation o$ a hild an be pro%ed by! A. lood test . Shool reords C. se o$ s&rname o$ bioloial $ather >. S&pport AN'WER/ C Article 1'$ of the Family Code states that in the absence of the primary proof of filiation, the legitimate filiation shall be proved by !1" (he open and continuous possession of the status of a legitimate child# or !$" Any other means allowed by the )ules of Court and special laws.
+sing the surname o" the biological "ather is an example o" Art. - #$. his is true especially to those children born be"ore the e""ectivity o" the *amily Code and under the Civil Code there is no prohibition against the use o" the surname o" the biological "ather. he answer is not A because in the case o" /ao vs. CA, the 0C held that ) blood test grouping is conclusive as to non)paternity but it is not a proo" o" "iliation because it does not "ollow that i" you are blood type A, your child is also blood type A. he answer is not ( or 1 because although these are considered as an example o" Art. - #$ such pieces o" evidence are not that credible enough to prove "iliation. 0o we have to choose the %best
9. he will is %oid i$! A. estator has senile dementia . Attestation la&se was
written in a lan&ae not -nown to the testator and witnesses C. First pae o$ the will was not n&mbered >. @itnesses sined on the le$t marin o$ the attestation la&se b&t not at the bottom thereo$. AN'WER/ A Art. '*' provides for the minimum re+uirements for persons in maing a will 1. -ust be 1 years old $. -ust be of sound mind %. -ust not be expressly prohibited by law /enile dementia produces testamentary incapacity. 0t is defined as the peculiar decay of the mental faculties whereby the person afflicted is reduced to a second childhood. A person suffering from senile dementia is of unsound mind.
he answer is not ( because the attestation clause is the act o" the witnesses and not the act o" the testator. 2ven i" the attestation clause was written in a language not known to the witnesses, as long as the requirements under Article 34! par. 5 are complied with, the will is still valid. he answer is not C because the authenticity o" the st page is easy to determine. It can be easily ascertained "rom the "ace o" the will itsel" that indeed it is the "irst page. *rom the "ace o" the will, it is readily ascertainable that the page which contains the header %6ast 7ill and estament& is the "irst page. he answer is not 1 because although the will cannot be allowed i" the witnesses did not sign at the end o" the attestation clause, it cannot render the whole will void.
*. Possession o$ a %essel an be reo%ered by! A. Aion P&bliiana . Aion 'ein%indiatoria C. 'eple%in >. &ietin o$ itle AN'WER/
C
. he widow H widower who s&r%i%ed with one leitimate hild and 1 adopted hild4 illeitimate hildren and the leitimate parents o$ his deeased spo&se shall be entitled to! A. Q o$ the hereditary estate . 1H+ o$ the hereditary estate C. J o$ the hereditary estate >. #one o$ the abo%e AN'WER/ D (he surviving spouse has the same share as 1 legitimate child !to be taen from the free portion". (he Family Code and Civil Code provide that an adopted child has the same rights as that of a legitimate child. ence, there are $ legitimate children in this case and they get 2 of the hereditary estate. 3ach of the illegitimate children gets 2 of the share of 1 legitimate child. 4egitimate parents inherit only in default of legitimate children. !)eference avarro notes and 6ustice 7iy boo" :. &ilder4 planter4 sower in bad $aith is entitled to! A. 'eo%ery o$ the expenses in&rred in the prod&tion o$ $r&its . 'etain what has been b&ilt4 planted or sown C. 'eo%ery o$ the neessary expenses >. All o$ the abo%e AN'WER C 8lease see Art. &&955$ (he owner of the land is always oblige to pay necessary expenses whether the builder, planter, sower is in good faith or in bad faith. (he right to retain can only be exercised if the owner elects the $ nd option under Art. &&. :uilder, planter or sower cannot recover expenses incurred in the production of fruits. <. Easement o$ a2&ed&t is! A. A ontin&o&s and non"apparent easement . A ontin&o&s and apparent easement C. A disontin&o&s and non"apparent easement >. A disontin&o&s and apparent easement AN'WER B 0t is continuous because the use of which may be incessant without the intervention of any act of man !Art. ;15". 0t is apparent because it is made nown and continually ept in view by external signs that reveal the use and enjoyment of the same. ==. Mario and 6ose$a li%ed toether as h&sband and wi$e witho&t the bene$it o$ marriae sine 1II;. =n 1II+4 6ose$a a%e birth to a hild whom they hristened Maria. =n 1II94 Mario and 6ose$a ot married witho&t a marriae liense. =n 1II*4 6ose$a a%e birth to her seond hild whom they hristened 6ose. =n ;;;4 Mario le$t his $amily and married Celia. =n ;;+4 Mario died. =denti$y the omp&lsory heirs o$ Mario and indiate their shares in the hereditary estate4 AN'WER (he compulsory heirs of -ario are 6osefa, -aria and 6ose. (he marriage of -ario and 6osefa is still valid because there was no judicial declaration of its nullity. -aria is an illegitimate child because she was born prior to the celebration of the marriage of -ario and 6osefa. 6ose is a legitimate child. (he following are their shares 6ose < 2# -aria 9 2 of the share of 6ose# 6osefa < same share as 6ose to be taen from the free portion. ===. he deeased was s&r%i%ed by his bioloial parents4 the leitimate parents o$ his adoptin $ather4 his $irst wi$e who married a $oreiner4 his step brother4 li%ed"in partner and their hild. =denti$y the omp&lsory heirs and their shares.
AN'WER (he compulsory heir is the deceased=s child with his live9in partner. /uch child is an illegitimate child. e is entitled to 2 of the hereditary estate. (he biological parents is not a compulsory heir because once a child is adopted, all ties that bind the biological parents and the adopted will be terminated. (he legitimate parents of the deceased=s adopting father is not a compulsory heir because adoption does not create any relationship between the adopted child and the legitimate relatives of the adopter. A step brother is not a compulsory heir. (he first wife !legally separated or annulled na aya sila>" is not a compulsory heir.
