Professional Documents
Culture Documents
REVIEW NOTES IN
CIVIL LAW
from
this
death
2. Rey
drafted
and
properly
executed a notarial will. Assume
the following clauses in his will
and the following events:
(a)Reys will provides, I leave my
2011 white Mitsubishi Montero
with Plate No. AFB 346 to my
friend Abe. At the time of Reys
death, Abe has already died,
leaving one child, Zandro.
(b)Reys will provides, I leave to
my friend, Abe, my 2011 white
Mitsubishi Montero with Plate
No. AFB 346. Just prior to Reys
death, he sold the Montero.
Discuss fully each situation
and the legal effect of the
events on the testamentary
provisions.
(a) The bequest to Abe is rendered void
by Abes predecease. The property
devolves to Reys heirs in intestacy.
Zandro, Abes son, has no right to
the property because a voluntary
heir, such as Abe, who dies before
the testator transmits nothing to his
heirs. (par. 1, Art. 856, CC)
(b)
The sale by Rey of
property
bequeathed
to
constitutes a revocation of
bequest in favor of Abe. The
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grants Rey this right because of the
ambulatory character of a will. Abe
has no right to question the sale
because the right of an instituted
heir (legatee or devisee) is merely
inchoate.
psychologically incapacitated to
enter
into
marriage
under
Philippine law. Under French law,
the marriage is voidable. Is the
marriage also voidable in the
Philippines?
3.
Debtor
owed
Creditor
P400, 000. The debt is the
subject of a lawsuit, and the
court
awards
Creditor
a
judgment of P400, 000 against
Debtor. To satisfy the judgment,
the sheriff levies on Debtors
family home in Baguio City
valued at P500, 000. Debtor
opposes
the
levy
on
the
allegation that the family home
is
exempt
from
execution.
Judgment for whom?
6.
Aristotle needs P100, 000.
Socrates agrees to lend him the
money, but not without security.
Consequently, Aristotle delivers
some of his jewelry to Socrates
and signs a power of attorney
giving Socrates the power, in
case he fails to repay the loan,
to sell the jewelry as his agent
for the best price that can be
obtained and to pay out of the
proceeds the unpaid amount of
the loan, giving any surplus to
him. Having obtained the money,
Aristotle later tells Socrates that
he revokes the power to sell.
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No. Under the law of agency,
the power is not revoked. Aristotle
has no right to terminate the agency
at will. This is because the agency is
coupled with an interest. If Aristotle
dies, the power is still not affected.
contract.
7.
A and B orally contract for
the sale of As house for P1
million. A writes B a letter
confirming
the
sale
by
identifying the parties and the
essential terms description and
location of the property, price,
place of payment, and method of
payment and signs the letter.
Is the sale enforceable by
court action?
No. the sale was made orally.
However, A has made a written
memorandum of the oral land
contract. Because A signed the
letter, he can be held to the oral
contract by B. Because B has not
signed
a
written
contract
or
memorandum, B can plead the
Statute of Frauds as a defense, and A
cannot enforce the contract against
him.
8.
Seller, in reply to an
inquiry from Buyer, sent a letter
dated December 8 stating terms
upon which he would sell 100 to
300 computer units of a certain
brand at a certain price. On
December 16, Buyer sent a
telegram to Seller ordering 90
computer units on those terms.
On December 18, Seller sent a
telegram to Buyer rejecting the
order. The next day Buyer sent
Seller
a
telegram
stating,
Please enter an order for 150
computer units as per your
letter of December 8. Seller
refused the order, and Buyer
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pay the editor P50, 000 if the
editor will publish a false story
indicating that the politicians
opponent is gay. Suppose the
editor publishes the story, is he
entitled to collect the amount
promised?
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13. Pedro was seriously in a
vehicular accident. A bystander
called Dr. Garcia to render
medical treatment while Pedro
was unconscious. Dr. Garcia sent
Pedro a bill for the reasonable
value of his medical services.
Pedro refuses to pay. Judgment
for whom?
The
requirement
is
not
absolute. As a rule, the filing of an
action for legal separation requires a
cooling off period for six months.
(Art. 58, FC) However, when the
ground alleged os one of those
falling under RA 9262, also known as
the Anti-Violence Against Women
and their Children Act of 2004, there
is no such cooling off period
because the courts are mandated to
proceed with the hearing of the case
as soon as possible. (Sec. 19, Ra
9262)
16.
A and B are Filipino
overseas workers in Syria. They
fell in love and decided to get
married in accordance with
Syrian law. On the day of the
wedding, A fell ill and could not
make it to the ceremony. Upon
advice of his Syrian lawyer, he
requested his best man to stand
as proxy during the wedding.
The marriage was celebrated in
accordance with Syrian law and
valid there as such. Is the
marriage valid here in the
Philippines?
15.
Article 58 of the Family
Code expressly provides that an
action for legal separation shall
in no case be tried before six
months shall have elapsed since
the filing of the petition. Is this
requirement absolute?
17.
H, a Filipino, marries W, an
American, in New York. At the
time of the marriage, H was
psychologically incapacitated to
enter into marriage, although
the incapacity manifested itself
five years after the wedding.
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Assuming that the marriage is
valid in New York, is it also valid
here?
20.
X and Y orally agreed that
X would lease office space to Y
at fixed rent as soon as the
current lessee of the premises
vacates in two years time.
Almost two years later, and
before he took possession of the
premises, Y learned of a much
more advantageous opportunity
and
established
his
office
elsewhere. To compel Y to
perform, X brought suit to
enforce the agreement.
Ys strongest argument in
his suit would be:
a. Mistake.
b.
Impossibility
of
performance
c. Statute of Frauds.
d. Autonomy of Contracts.
The Statute of Frauds is Ys
strongest
argument.
To
be
enforceable, the Statute requires
certain agreements to be evidenced
by a writing signed by the party to
be charged, including agreements
that can be performed within one
year from its making. Because the
lease in question is to be performed
after one year, the Statute of Frauds
is Ys strongest argument.
21. Tiger, Phil, and Rory are coowners of a parcel of land. Tiger
sells his undivided share in the
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property to Bubba. Phil later
sells his undivided share to
Matt. Is bubba entitled to
redeem Phils share?
Yes, because the right of legal
redemption is not limited to the
original co-owners. What matters is
that the redemptioner (Bubba) was
already a co-owner at the time when
another co-owner (Phil) sells his
undivided share. In the instant case,
Bubba was already a co-owner when
Phil sold his share.
22.
Suppose Phil, instead of a
sale, donated his undivided
share to Matt, may Bubba or
Rory, or both redeem?
No, because the right of legal
redemption may be exercised only if
the share of a co-owner is alienated
to a third person by onerous title.
23.
Suppose Rory later sells
his share to Bubba, may Matt
redeem?
No, because the right of legal
redemption may be exercised only if
the share of a co-owner is alienated
to a third person by onerous title.
The rationale behind the right
of legal redemption among coowners is to reduce the number of
co-owners and avoid entry of
strangers into the co-ownership. If
the alienation is in favor of a coowner, the number of co-owners is
already reduced and no stranger has
entered the co-ownership.
QUESTIONS
24-25
are
based on the following fact
situation:
Kobe, Lebron and Dwyane
are co-owners of a parcel of
land. Without the knowledge of
his co-owners, Kobe sells the
entire community property to
Kevin.
24.
Is the sale valid?
A co-owner who sells the
whole community property will affect
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No. The perpetual prohibition
is valid for only 20 years. The
testamentary provision stipulated in
Ts
will
prohibiting
perpetual
alienation of mortgage of the
properties
mentioned
therein
violated Articles 867 and 870 of the
Civil Code. Paragraph 4, Article 1013
of the same code which specifically
allows
a
perpetual
trust
in
inapplicable. Article 1013 is among
the Civil Code provisions on intestate
succession, specifically on the State
inheriting from a decedent, in default
of persons entitled to succeed. Under
this article, the allowance for a
permanent trust, approved by a
court of law, covers property
inherited by the State by virtue of
intestate succession. The article
does not cure a void testamentary
provision which did not institute an
heir.
In the instant case, Ts estate
cannot be subjected indefinitely to a
trust because the ownership thereof
would then effectively remain with
him even in the afterlife. (Orendain
v. Estate of Rodriguez, June 30,
2009)
QUESTIONS
27-30
based on the following
situation:
30.
May
damages
owners?
the bus
invoke
claim
both
moral
vehicle
are
fact
C
from
E
from
claim
both
moral
vehicle
owner,
due
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their family home. The sheriff
later sold the property at public
auction to C, the judgment
creditor.
32.
What is an easement of
aqueduct? Does the existence of
an easement of right of way
necessarily
include
the
easement of aqueduct?
An easement of aqueduct is
the right to make water flow thru
intervening estates in order that one
may make use of said waters.
The existence of the easement
of right of way does not necessarily
include the easement of aqueduct.
Consequently, the right to dig
trenches and to lay pipelines for the
conducting of water is not included
in a contract granting a right of way
(the rights given merely those of
ingress and egress to and from the
lot involved).
33.
X promised to donate his
friend, Y, a parcel of land.
Relying on such promise, Y
constructed a house of strong
materials on the land. When X
died,
however,
his
son
Z
inherited the land. In the suit
filed by Z to recover possession
of the land from Y, the latter
invoked
the
right
to
be
reimbursed of his necessary and
useful improvements on the
allegation that he is a builder in
good faith.
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A person whose occupation of
a realty by sheer tolerance of its
owner is not a possessor in good
faith; hence, not entitled to the value
of the improvements built thereon.
(Verno Padua-Hilario v. Court of
Appeals, et.al., January 19, 2000)
34.
S contracts to sell to B a
parcel of land. They agree that B
shall pay the purchase price on
October 25, and that in case of
Bs failure to pay, the contract
shall be automatically rescinded.
If B does not pay on October 25,
can he still pay on October 29?
Yes, provided there has been
no judicial or notarial demand for
rescission of the contract as of
October 29. Under Article 1592 of
the Civil Code, in the sale of an
immovable property, even though it
may have been stipulated that upon
failure to pay the price at the time
agreed upon the rescission of the
contract shall of right take place, the
vendee
may
pay
even
after
expiration of the period, as long as
no demand for rescission of the
contract has been made upon him
either judicially or by a notarial act.
35.
In a contract to sell, is it
necessary for the vendor to send
a notarial rescission when the
vendee fails to pay the balance
of the purchase price?
No.
Rescission,
whether
judicially or by notarial act, is not
required to be done by the vendor.
There can be no rescission of an
obligation that is still non-existing,
the suspensive condition not having
happened.
In a contract to sell, there is
no contract to rescind, judicially or
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A sold an unregistered
land to B. Upon As death, his
brother
C,
executed
an
extrajudicial settlement of As
estate under which he (C)
adjudicated
exclusively
unto
himself
the
lot
and
simultaneously sold the same to
D who was unaware of the prior
sale.
37.
Is the rule on double sale
under Article 1544 of the Civil
Code applicable to the above
problem?
No. Article 1544 if the Civil
Code on double sales applies only
where the same thing is sold to
different vendees by the same
vendor. It does not apply where the
same thing is sold to different
vendees by different vendors as in
the case at bar.
38.
Who between the two
buyers is the rightful owner of
the lot?
B is the rightful owner of the
lot. When A sold to B the property,
ownership thereof was transferred to
B in accordance with Article 1496 of
the Civil Code which provides that
the ownership of the thing sold is
acquired by the vendee from the
moment it is delivered to him in any
of the ways specified in Articles 1497
to 1501.
Article 1498, in turn, provides
that when the sale is made through a
public instrument, the execution
thereof shall be equivalent to the
delivery of the thing which is the
object of the contract, if from the
deed the contrary does not appear
or cannot be clearly inferred. In the
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marriage
question.
is
beyond
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the contract of sale. The sale is both
valid and enforceable. The subject
document is required by B only for
his convenience; i.e., to allow him to
register the sale.
42.
Article 213 of the Family
Code enunciates the rule that no
child below the age of seven
years shall be separated from
the
mother,
except
for
compelling reasons. In custody
cases,
when
should
this
provision be applied by the
courts at the time of the filing
of the petition for custody or at
the time when the court is to
decide who between the parents
is entitled to the custody of the
child?
The argument that the 7-year
reference in the law applied to the
date when the custody case is filed,
not the date when the decision is
rendered, is flawed. The matter of
custody
is
permanent
and
unalterable. If the parent who was
given custody (either by law or by
choice of the child) suffers a future
character change and becomes unfit,
the matter of custody can always be
re-examined and adjusted. (Espiritu,
et.al., v. Court of Appeals., 242 SCRA
362 [1995])
QUESTIONS
43-44
based on the following
situation:
are
fact
43.
Assuming
there
is
a
deficiency after foreclosure of
the chattel mortgage, may Y
foreclose
the
real
estate
mortgage constituted on Xs
land?
No, because in such a case, the
third person-mortgagor (X), after
paying
the
deficiency
through
foreclosure
of
the
real
estate
mortgage, has the tight of a
guarantor who can hold the vendee
(z) liable for the payment made, thus
indirectly violating the prohibition
under the law. (Art, 1484 (3), Civil
Code)
44.
Suppose in the preceding
problem Y assigns the promissory
note to M, promising the latter
that should Z default and the
chattel mortgaged is foreclosed
resulting in a deficiency, the
assignor (Y) shall answer for the
deficiency to the assignee (M). Is
this stipulation valid?
Yes, because in such a case, it
is no longer the vendee (Z) who is
held liable but the vendor (Y). There
is this no violation of the Recto Law
that if the vendor avails himself of the
right to foreclose, he is prohibited
from bringing an action against the
purchase for the unpaid balance.
45.
What are the instances
under the law when form is an
indispensable
and
mandatory
requirement for the validity of
the contract?
Form
is
a
mandatory
requirement for the validity of the
following contracts:
(1) If the value of the personal
property donated exceeds
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P5, 000, the donation and
the acceptance shall be
made in writing: otherwise,
the donation is void. (par. 3,
Art. 748, CC);
(2) Donation of an immovable,
regardless of value, must be
in a public instrument (Art
748, CC);
(3) A contract of partnership is
void whenever property is
contributed thereto, if an
inventory of said property is
not made, signed by the
parties, and attached to the
public
instruments
(Art.
1773, CC);
(4) Sale of piece of
through an agent
1847, CC);
land
(Art.
(RJPG:
The above rules
assumes significance in light of
Articles 102 (absolute community or
property)
and
129
(conjugal
partnership) of the Family Code which
commonly provide that the conjugal
dwelling shall be adjudicated to the
spouse with whom the majority of the
common children choose to remain.
Applying the above rule, if a marriage
is declared void, the conjugal dwelling
shall be partitioned not in accordance
with Articles 102 and 129, but in
accordance with Articles 147 and 148
of the Family Code. This holds true
even if majority of the children
choose to remain with one parent.)
47.
In an action for annulment
of marriage, who are the parties
who ay commence the action and
within what period may the
action be filed?
The following are the parties
who may commence an action for
annulment of marriage and the
periods for the filing of such action:
a) LACK OF PARENTAL CONSENT: The
minor should bring the action within
five years after attaining the age of
21. For the parent or guardian, the
action must be brought at any time
before such party reaches the age of
21.
b) INSANITY: The sane spouse or
person having legal charge of the
insane spouse must bring the action
at any time before the death of either
party. The insane spouse must bring
the action during a lucid interval or
after regaining sanity, also before the
death of the other party. The reason
in not providing for a 5-year period is
the insanity recurs.
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c) FRAUD: Injured party must bring the
action
within
five
years
after
discovery of the fraud.
d) FORCE, INTIMIDATION, UNDUE
INFLUENCE: The injured party must
bring the action within five years from
the time the force, intimidation or
undue influence disappeared or
ceased.
e) PHYSICAL INCAPACITY: The injured
party must bring the action within
five years after the marriage.
f) SEXUALLY-TRANSMISSIBLE
DISEASE: The injured party must
bring the action within five years after
the marriage.
48.
Under
the
Domestic
Adoption Act, may the adopting
parent file for rescission of the
decree of adoption?
49.
Andy
and
Betty,
both
eligible to marry each other,
cohabited as husband and wife
without the benefit of marriage.
A few weeks before Betty was to
give
birth,
however,
Andy
married Cora, an old maid.
Heartbroken, Betty gave birth to
Debby a few weeks after Andys
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abroad by alien spouse capacitating
the latter to remarry.
QUESTION 50-51 are based
on the following fact situation:
William, an American, and
Marissa, a Filipina, cohabited as
husband and wife without the
benefit of marriage. During their
cohabitation, the couple bought
from Mauricio a parcel of land in
Baguio City. Although the deed of
sale was placed in the names of
both William and Marissa as
buyers, the sale was registered
in the name of Marissa alone
because William was disqualified
to own real properties in the
Philippines.
It
is
sufficiently
established that the funds used
to buy the property came solely
from William, as Marissa has no
sufficient source of income.
After their relationship has
turned sour and the two went
separate ways, William sold all
his rights and interests in the
property to Nicasio, a Filipino.
When
Nicasio
tried
to
register the property in his name,
he discovered that the certificate
of title is already registered in
the name of Marissa, and that it
has already been mortgaged.
50. If William is the true buyer of
the property, what is the effect of
the registration of the property
in the name of Marissa?
The registration of the property
in the name of Marissa does not make
her the owner of the property in
question. It is settled that registration
is not a mode of acquiring ownership.
It only means of confirming the fact of
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When the couple had a
failing out, Nieves leased the
property to Matthews for a
period of 25 years. She did so
without Johns consent.
Does John have the legal
standing to question the validity
of the lease agreement on the
theory that in so doing, he was
merely exercising his prerogative
as a husband regarding conjugal
property?
John, being an alien, is
absolutely prohibited from acquiring
public and private lands in the
Philippines. Considering that Nieves
appeared to be the designated
vendee of the property leased, she
acquired sole ownership thereto. This
is true even of Johns claim that he
provided
the
funds
for
such
acquisition is to be sustained. By
entering into such contract knowing
that it was illegal, no implied trust
was created in his favor; no
reimbursement for his expenses can
be allowed; and no declaration can be
made that the subject property was
part of the conjugal or community
property of the spouses. In any event,
he had and has no capacity or
personality
to
question
the
subsequent lease of the property by
his wife in the theory that in so doing,
he was merely exercising the
prerogative of a husband in respect of
conjugal property. To sustain such a
theory would countenance indirect
violation
of
the
constitutional
prohibition. If the property were to be
declared conjugal, as he would then
have a decisive vote as to its transfer
or disposition. This is a right that the
Constitution does not permit him to
have. Thus, the validity of the lease
the
government
prosecute
a
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reversion case on the argument
that the sale of the land to Mao
violated
the
Constitutional
provision disallowing aliens from
acquiring public and private
lands in the Philippines?
If
the
government
had
commenced reversion proceedings
when the lot was still in the hands of
Mao Tse Tung who was an alien
disqualified to hold title thereto, the
reversion of the land to the State
would
undoubtedly
be
allowed.
However, this is not the case here.
When the government instituted the
reversion case, the lot had already
been transferred by succession to
Maria who is a Filipino citizen. And
since the lot was transferred to a
Filipino citizen, the flaw in the original
transaction is considered cured.
(Republic v. Register of Deeds, GR
158230, July 16, 2008)
55.
Vicente Ting, a Chinese
national married to a Filipina,
occupied
a
public
land
in
Olongapo City. Pursuant to an
affidavit,
Vicente
transferred,
without valuable consideration,
all his rights and interests over
the lot in favor of his eldest son,
Nicanor. On the basis of the
affidavit, Nicanor, who earlier
obtained Filipino citizenship, was
issued a miscellaneous sales
patent by the Bureau of Lands.
Not long after, the Register of
Deeds
issued
an
original
certificate of title over the
property in the name of Nicanor.
Upon
Vicentes
death,
Nicanors brothers and sisters
filed for judicial partition of the
lot on the allegation that an
implied trust over said property
was
created
between
their
QUESTIONS
56-57
based on the following
situation:
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comply with its verbal promise to
complete the project at a certain
date,
the
couple
filed
for
rescission of the contract.
56.
What it the status of the
contract entered into by Marcel
and Monique with Fil-Estate
Realty Corp.?
The Contract to Sell is void.
Since Marcel and Monique, being
French nationals, are prescribed
under the Constitution from acquiring
and owning real property, it follows
that the Contract to Sell entered into
by the parties is void. Under the Civil
Code, all contracts whose cause,
object or purpose is contrary to law or
public policy and those expressly
prohibited or declared void by law are
inexistent
and
void
from
the
beginning.
A
void
contract
is
equivalent to nothing; it produces no
civil effect.
57.
In any event, are Marcel
and Monique entitled to recover
from Fil-Estate the amount paid
as well as interest and other
damages?
Since the contract involved
here is a Contract to Sell, ownership
has not yet transferred to Marcel and
Monique when they filed the suit for
rescission. While the intent to
circumvent
the
constitutional
prescription on aliens owning real
property was evident by virtue of the
execution of the Contract to Sell, such
violation if the law did not materialize
because the spouses caused the
rescission of the contract before the
execution
of
the
final
deed
transferring ownership.
Thus, the exception to the
application of the pari delicto doctrine
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separation. She contends that
her vested right over half of the
common
properties
of
the
conjugal partnership is violated
when the forfeiture is to be made
pursuant
to
Article
129
in
relation to Article 63(2) of the
Family Code.
Ws
move
following issues:
raises
the
a) What
law
governs
the
property relations of the
spouses given that they
were married before the
effectivity of the Family
Code?
b) What
law
governs
the
dissolution of their common
properties since the decree
of legal separation was
issued after the Family
Code is already in effect?
As to their property relations,
the
Spouses are governed by the regime
of conjugal partnership of gains. This
is so because they were married
when the operative law was the Civil
Code. As to the liquidation of their
conjugal partnership assets, however,
the Family Code is applicable because
it is already the operative law at the
time of the dissolution of their
conjugal partnership.
In the instant case, the
applicable law in so far as the
liquidation of the conjugal partnership
assets and liabilities of H and W is
concerned is Article 129 of the Family
Code (liquidation of the conjugal
partnership) in relation to Article 63
(effects of a decree of legal
separation). The latter provision is
applicable because insofar as Article
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there are net assets left which can be
divided between the spouses or their
respective heirs.
59.
Is the computation of net
profits earned in the conjugal
partnership of gains the same as
the computation of net profits
earned
in
the
absolute
community?
The term net profits is defined
in Article 102(4) of the Family Code.
Under this provision, the term net
profits shall be the increase in value
between the market value of the
community property at the time of
the celebration of the marriage and
the market value at the time of its
dissolution. Without any doubt,
Article 102(4) applies to both the
dissolution of the absolute community
regime under Article 102 of the
Family Code, and to the dissolution of
the conjugal partnership regime
under Article 129 of the Family Code.
The difference lies in the process
used under the dissolution of the
absolute community regime under
Article 102 of the Family Code, and in
the processes used under the
dissolution
of
the
conjugal
partnership regime under Article 129
of the Family Code.
ON ABSOLUTE COMMUNITY
REGIME: Applying Article 102 of the
Family Code, the net profits requires
a prior determination of the market
value of the properties at the time of
the communitys dissolution. From
the totality of the market value of all
the properties, the debts and
obligations
of
the
absolute
community are to be deducted and
this will result to the net assets or net
remainder of the properties of the
absolute community, from which the
value of the properties at the time of
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proportion or division was agreed
upon in the marriage settlements or
unless there has been a voluntary
waiver or forfeiture of such share as
provided in the Family Code.
60.
Suppose Article 102 of the
Family Code (which is a provision
under the regime of absolute
community of property) is to
apply in the instant case, is W
entitled to receive anything from
the absolute community?
If H and W have no separate
properties, the remaining properties
of the couple are all part of the
absolute community. And its market
value at the time of the dissolution of
the absolute community constitutes
the market value at dissolution.
When H and W were legally
separated, all the properties which
remained will be liable for the debts
and obligations of the community.
Such debts and obligations will be
subtracted from the market value at
dissolution. What remains after the
debts and obligations have been paid
from the total assets of the absolute
community
constitutes
the
net
remainder or net asset. And from
such net asset or net remainder off
the couples remaining properties, the
market value at the time of the
marriage will be subtracted and the
resulting totality constitutes the net
profits. Since both H and W have no
separate properties, and nothing
would be returned to each of them,
what will be divided equally between
them are simply the net profits.
However, the trial court forfeited the
half-share of W in favor of her
children. Thus, if Article 102 is used in
the instant case (which should not be
the case), nothing is left to W since
both parties entered into their
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right of the seller to repurchase the
property sold, in the absence of an
agreement as to the period of
repurchase, shall last four years from
the date of the contract.
63.
Suppose it is stipulated in
the agreement of sale that the
vendor a retro can repurchase
the property whenever he or his
heirs have the means, when can
S repurchase?
S can repurchase the property
within ten years from 2001; i.e., until
2010, if the parties agree on the right
to redeem without specifying the
period of redemption but from the
situation, facts or circumstances, it
can be inferred that the parties
intended a period, the vendor a retro
may deem within ten years from the
date of the property sold within ten
years from the date of the contract.
64.
S offers to B in a letter the
sale of a parcel of land. B sends a
reply. Which of the following
statements in Bs reply will not
result in a contract?
a) I accept your offer to
sell the land. I wish I could
have gotten a better price.
b) I accept your offer to
sell the land, but can you
shave the price?
c) I accept your offer to
sell the land, but only if I
can pay on 90 days credit.
d) I accept your offer to sell
the land, provided that you are
the owner.
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b. The night before B
accepts, fire destroys the
car.
c. B pays 1,000 for a 30-day
option to buy the car.
During this period, A dies,
and later A accepts the
offer, knowing of As death.
d. A dies an hour before
receiving Bs acceptance.
(C) will not terminate Cindys
offer. As a rule, the death of either
the offeror or offeree terminates the
offer, except when the offer is
irrevocable as in the case of an offer
founded upon an option.
The event in (A) will terminate
Cindys offer. The offerees power of
acceptance is terminated when the
offeror of offeree dies or is deprived
of legal capacity to enter into the
proposed contract. An offer is
personal to both parties and cannot
pass to the decedents heirs or
assigns.
The
event
in
(B)
will
automatically terminate Cindys offer
if the specific subject matter of the
offer is destroyed before the offer is
accepted.
(D) will also terminate Cindys
offer for the same reason as in (A).
67.
In which of the following
fact situations would a court
most likely find that an implied
contract existed?
a) X, a noted licensed
physician,
sees
an
unconscious
pedestrian
lying
bleeding
on
the
shoulder of the highway. Z
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compensation
rather
than
gratuitously. Xs offer has been
accepted by Z even though the latter
said nothing.
The situation in (A) does not
give rise to an implied contract
because the pedestrian has not
manifested his consent to the offer
made by X (in contrast to a patient
who goes to Xs office and submits to
treatment by hi,). X is not without a
remedy. He may recover the value of
his services under a quasi-contract. A
quasi-contract is not really a contract
at all; rather, it is a legal fiction
designed to avoid injustice by
preventing unjust enrichment of one
party to the detriment of another.
The situation in (B) does not
create an implied contract. The
conduct of X and Y does not appear
from an objective standard to
manifest contractual intent because
of the close family relationship of the
parties and the minor burden on Y to
render her services. Courts generally
will not presume that a contractual
relationship was intended under
these circumstances.
The situation in (D) likewise
does not create an implied contract.
Without some conduct on the part of
B, such as knowingly accepting the
offered benefits in silence, a court will
not find the manifestation of mutual
consent necessary for an implied
contract.
68.
A
man,
prior
to
his
marriage, made a donation in a
public instrument, in favor of his
future wife, on condition that
should she die before him and
there be no children, one-half of
the properties donated shall be
given to the parents of his wife.
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The refusal to believe in the
strong possibility of a defect on the
vendors title will not make the
purchaser an innocent purchase for
value, if circumstances are such that
a reasonably prudent man would
have taken the necessary precaution
if in the same situation. (Embrado v.
CA, 233 SCRA 333)
71.
Apple Computers, Inc. and
a Philippine distributor entered
into an agreement whereby the
distributor agreed to order 1,000
units of Apple Computers every
month and to resell them in the
Philippines at the manufacturers
suggested price plus 10%. All
unsold units at the end of the
year shall be bought back by the
manufacturer at the same price
they
were
ordered.
The
manufacturer
shall
hold
the
distributor free and harmless
from any claim for defects in the
unit.
Is the agreement one of
sale or agency?
The contract is one of agency,
not one of sale. Sale is negated by
the following circumstances:
The
foregoing
circumstances
indicate a sale because ownership of
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estate mortgage over his land in
favor of S.
76.
A offers to sell to B a
particular car for P300, 000.
Which of the following events
creates a contract between A and
B?
a) A dies prior to Bs
acceptance, and at the time
B accepts, he is unaware of
As death.
b) The night before B
accepts, fire destroys the
car.
c) B pays 1,000 for a 30-day
option to buy the car.
During this period, A dies,
and later B accepts the
offer, knowing of As death.
d) A dies an hour before
receiving Bs acceptance.
The event in (C) creates a
contract between A and B because of
the option money which continues to
be effective despite the offerors
death, and despite the offerees
knowledge of such death.
77.
S sold a retro to B a parcel
of
land.
Within
the
period
stipulated for redemption, S
failed to redeem. To register in
the Registry of Property his
consolidation of ownership, B
filed a petition for consolidation,
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but
did
not
name
S
as
respondent. Consequently, S was
not duly summoned and heard.
Has the
jurisdiction?
court
acquired
Lim
the
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(a) The creditor proceeds to a
Notary Public for the sale of the
thing pledged;
(b) The sale shall be made at a
public auction;
(c) The creditor notifies the
debtor and the owner of the
thing pledged of the public
auction stating the amount for
which the public sale is made;
(d) If at the first auction the
thing is not sold, a second one
with the same formalities shall
be held;
(e) If at the second auction
there is still no sale, the
creditor may appropriate the
thing pledged and give an
acquittance of his entire claim.
(Art. 2112, CC)
81.
What
is
the
basis
of
payment of an obligation in case
of extraordinary inflation?
Extraordinary inflation exists
when there is a decrease or increase
in the purchasing power of the
Philippine
currency,
and
such
increase or decrease could not have
been reasonable foreseen or was
manifestly beyond the contemplation
of the parties at the time of the
establishment of the obligation.
82.
What are the rules for the
liquidation
of
the
absolute
community
of
property
or
conjugal partnership of gains in
case of death of a spouse?
The
rules
regarding
the
liquidation of the absolute community
or conjugal partnership are the same.
They are as follows:
the
effects of
inflation
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there is an official declaration to that
effect by competent authorities.
QUESTIONS
84-85
based on the following
situation:
are
fact
85.
Who is liable for Marvins
death?
Liability
attaches
to
the
registered
owner
(Virgilio),
the
negligent driver (Rodel) and the
latters employer (Municipality of
Magsingal). Settled is the rule that
the registered owner of a vehicle is
jointly and severally liable with the
driver for damages incurred by
passengers and third persons as a
consequence of injuries or death
sustained in the operation of said
vehicles. Regardless of whom the
actual owner of the vehicle is, the
operator of record continues to be the
operator of the vehicle as regards the
public and third persons, and as such
is directly and primarily responsible
for the consequences incident to its
operation. (Jayme v. Apostol, G.R. No.
163609, November 27, 2008)
86.
For damage or injuries
arising out of negligence in the
operation of a motor vehicle,
what is the nature of the liability
of the registered owner?
For damage or injuries arising
out of negligence in the operation of
a motor vehicle, the registered owner
may be held civilly liable with the
negligent driver either:
1) subsidiarily, if the aggrieved
party seeks relief based on a
delict or crime under Articles
100 and 103 of the Revised
Penal Code; or
2) solidarily, if the complainant
seeks relief based on a quasidelict under Articles 2176 and
2180 of the Civil Code.
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It is the option of the plaintiff
whether to waive completely the
filing of the civil action, or institute it
with the criminal action, or file it
separately or independently of a
criminal action; his only limitation is
that he cannot recover damages
twice for the same act or omission of
the defendant. (PCI Leasing and
Finance, Inc v. UCPB General
Insurance Co. Inc., G.R. No. 162267,
July 4, 2008)
87.
D owes C P100, 000. Upon
maturity of the loan, D fails to
pay and so C sues him in a
complaint for sum of money. D
answers
the
complaint
and
before actual hearing, C assigns
the promissory note signed by D
to E for P80, 000. The assignee,
E, now demands payment from D.
For how much is D obliged to pay
E?
89.
A
owns
a
parcel
of
registered land adjacent to that
of B. A builds a house on his lot.
Unknown to A, however, a portion
of his house has encroached on
Bs
property.
After
the
construction, A sold his lot to C.
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Yes. Upon delivery of the
property
to
him,
C
acquired
ownership of the property and he is
deemed to have stepped into the
shoes of the seller, A, in regard to all
the rights of ownership, including the
right to compel B, the owner of the lot
encroached upon, to exercise either
of the two options granted to him by
law
after
payment
of
proper
indemnity or to sell the portion
encroached upon.
91.
Is B entitled to demand the
removal
of
the
encroaching
structure?
B, the lot owner, cannot
demand
the
removal
of
the
encroaching structure. Such right is
available only if and he chooses to
compel the builder to buy the land at
a reasonable price but the latter fails
to pay it. (Technogas Phil. V. Court of
Appeals, 268 SCRA 5 [1997])
(RJPG:
If
B
decide
to
appropriate the improvements, the
builder has the right to retain the lot
until he is paid of his necessary and
useful expenses. He is not even
required to pay rentals in the
meantime.)
92.
Aragon
is
indebted
to
Benitez and Chua in the amount
of P200, 000. Upon maturity of
the debt, Aragon fails to pay and
so Benitez and Chua sue him in a
complaint for sum of money.
Aragon answers the complaint
and
before
actual
hearing,
Benitez assigns his right to the
credit to Chua (presumably or
P100, 000) for only P75, 000. For
how much is Aragon obliged to
pay Chua?
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valid divorce decree in Nevada.
Heartbroken, Sonia repatriated
to the Philippines in 2001 and
reacquired Filipino citizenship
that
same
year.
Sonia
subsequently filed an action
against Peter for declaration of
nullity of marriage under Article
36 of the Family Code with prayer
for support pendent lite. Peter at
that time has settled in the
Philippines with his new wife
Maria, a Filipina.
96.
H instituted his widowed
sister as his heir on condition
that the latter will not marry
again. When H died, his sister
remarried. Is she entitled to the
inheritance?
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marriage is void because it was
solemnized without a marriage
license;
that
the
marriage
ceremony was facilitated by an
affidavit wherein they falsely
stated that they had been living
together as husband and wife for
at least five years; and that they
have never cohabited as husband
and wife.
97.
May a party to an action
collaterally attack the validity of
a marriage as what Zandro had
asserted in his answer?
Yes. The court has jurisdiction
to determine the validity of the
marriage of Zandro and Jessica. More
appropriately, the validity of their
void marriage may be collaterally
attacked. Thus, in Nicdao Carino v.
Yee Carino, 403 SCRA Phil. 861
[2001], the Supreme Court declared
that courts are clothed with sufficient
authority to pass upon the validity of
two marriages despite the main case
being a claim for death benefits.
Reiterating Ninal v. Badayog, 384 Phil.
661 [2000], the Supreme Court held
that the courts may pass upon the
validity of marriage even in a suit not
directly instituted to question the
validity of said marriage, so long as it
is essential to the determination of
the case. However, evidence must be
adduced, testimonial or documentary,
to prove the existence of grounds
rendering such a marriage an
absolute nullity.
In the instant case, it is clear
that Zandro and Jessica did not have
a marriage license when they
contracted their marriage. Instead,
they presented a false affidavit
stating that they had been living
together for more than five years. For
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debtor to pay the debt at maturity. It
simply provided that if the debt is not
paid in money, it shall be paid
another way.
100. D borrowed from C P5, 000
payable in one year. When C was
abroad, Cs 16-year old son
borrowed P2, 500 from D for his
school tuition. However, the son
spent the money on a cellular
phone. When the debt to C fell
due, D tendered only P2, 500
claiming compensation on the P2,
500 borrowed by Cs son. Is D
legally entitled to claim partial
legal compensation?
No. This is so because under
Articles 1278 and 1279 of the Civil
Code, in order that there will be a
valid and effective compensation, it is
essential that there must be two
parties who in their own right are
principal creditors and principal
debtors of each other.
In the instant case, C cannot be
considered as a party to the act of his
son in borrowing P2, 500 from D.
Consequently, he did not become a
principal debtor of D; neither did D
become a principal creditor of C.
Therefore, there can be no partial
compensation
of
the
P5,
000
borrowed by D from C.
101. Would the answer be the
same if Cs son actually used the
money for his school tuition?
There would be no difference in
the answer. The fact that Cs son
actually used the P2, 500 for his
school tuition did not make C a party
to the contract between his son and
D. Therefore, C is not the principal
debtor of D and D is not the principal
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According to the Civil Code, nonobservance of this distance does not
give rise to prescription.
104. If the vendee in a contract
of sale expressly renounces the
right to warranty in case of
eviction, and his eviction should
take place, can he still hold the
vendor liable?
It
depends.
In
case
or
renunciation of the warranty without
knowledge of the risks of eviction, the
vendor is only bound to pay the value
of the thing at the time of the
eviction. Although as a consequence
of the waiver, the vendor is not bound
to indemnify the vendee fully in
accordance with Article 1555 of the
Civil Code still the effect of the waiver
cannot be extended as to exempt the
vendor from returning the price.
When eviction occurs, the contract is
left without cause as to the vendee
and inasmuch as his obligation to pay
the price is condition upon the
delivery of the thing by the vendor,
from the moment the vendee is
deprived of the possession of the
thing, the payment of the price really
becomes a payment of what is not
due which, under Article 2154 of the
Civil Code, should be returned.
105. A appoints B to sell his
registered land. B negotiates the
sale with C. Unknown to B, A also
negotiates the sale with D,
thereby
making
contracts
incompatible with each other.
Who is now the owner of the
land, C or D?
Article 1916 of the Civil Code
establishes the rule of preference
when two persons contract with
regard to the same thing, one of them
with the agent and the other with the
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Abe would not be obliged in
this situation. HE did not learn of the
benefits bestowed until after they had
been completed. There had been no
communication of the offer of the
painters and no express or implied
acceptance by Abe of the work done.
Neither is Abe liable to the painters
under quasi-contract. This is so
because there was neither a case of
colution indebiti or negotiorum gestio
in the instant case.
108. Apolinario
Mabini
died
intestate in 1995, leaving his
wife, Dorothy, four legitimate
children,
and
considerable
properties which they divided
among themselves. Claiming to
be an illegitimate son of the
deceases Apolinario, and having
been left out in the extrajudicial
settlement of Apolinarios estate,
Mario instituted an action for
partition against Dorothy and her
children.
At the trial, Mario admitted
that he had none of the authentic
documents mentioned in Article
172 of the Family Code to show
that he was the illegitimate child
of Apolinario. Is this admission
sufficient basis for Dorothy and
her children to move for the
dismissal of Marios complaint?
Yes. An illegitimate child, like
Mario, is allowed by law to establish
his illegitimate filiation either by an
authentic document or by any other
means allowed by the Rules of Court
and special laws, like his baptismal
certificate, a judicial admission, a
family Bible in which his name has
been entered, common reputation
respecting his pedigree, admission by
silence, testimonies of witnesses, and
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the use of arms
irresistible force.
or
through
an
automatic
appropriation
by
the
creditor of pledge of the thing
pledged.
112. Is there an instance under
the law where the creditor is
allowed
to
appropriate
for
himself the thing given by way of
security because of non-payment
of the debt?
Yes, in the case of pledge. If at
the first auction the thing pledged is
not sold, a second auction must be
held. If the thing pledged is not sold
at second auction, the creditor is now
allowed to appropriate for himself the
thing pledged but he must give an
acquittance for his entire claim. (Art.
2112, Civil Code)
113. When the proceeds of the
sale of the mortgaged property in
chattel mortgage does not fully
satisfy the debt, is the mortgage
entitled to recover the deficiency
from the mortgagor?
Yes. It is a settled rule that if
the proceeds of the sale are
insufficient to cover debt either in an
extrajudicial or judicial foreclosure of
mortgage, the mortgagee is entitled
to claim deficiency from the debtor.
While the legislature has denied the
right of a creditor to sue for
deficiency resulting from foreclosure
of security given to guarantee an
obligation as on the case of pledges
(Art. 2115, Civil Code) and in chattel
mortgages of a thing sold on
installment basis (Art. 1484, par. 3,
Civil Code), and the law does not
prohibit
recovery
of
deficiency.
Accordingly, a deficiency claim arising
from the extrajudicial foreclosure of
mortgage is allowed. (PNB v. Court of
Appeals, 308 SCRA 229 [1999])
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114. May
a legitimate
child
impugn his legitimate status?
No, the law itself establishes
the legitimacy of a child conceived or
born during the marriage of his
parents.
The
presumption
of
legitimacy fixes a civil status for the
child born in wedlock, and only the
father (Art. 160, Family Code), or in
exceptional instances the latters
heirs (Art. 171, Family Code), can
contest in an appropriate action the
legitimacy of a child. A child cannot
choose his own filiation.
QUESTIONS 115-116
based on the following
situation:
are
fact
115. Can
Angela?
Mimi
alone
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for adoption of Michele P. Lim GR Nos.
168992-93 May 21, 2009)
117. Venus secures a judgment
against Erlinda for the payment
of civil liability arising from the
crime of slander committed by
Erlinda against Venus. To satisfy
the judgment, the sheriff levies
on a real property owned by the
conjugal partnership of Erlinda
and her husband, Romulo. May
the
property
be
sold
on
execution?
The property is exempt from
execution. Article 122 of the Family
Code explicitly provides that payment
of personal debts contracted by the
husband or the wife before or during
the marriage shall be charged to the
conjugal partnership, except insofar
as they redounded to the benefit of
the family. By no stretch of
imagination can it be concluded that
the civil obligation arising from the
crime of slander committed by Erlinda
redounded to the benefit of the
conjugal partnership.
Unlike in the system of
absolute community where liabilities
incurred by either spouse by reason
of a crime or quasi-delict is
chargeable
to
the
absolute
community of the property, in the
absence or insufficiency of the
exclusive property of the debtorspouse, the same advantage is not
accorded in the system of conjugal
partnership of gains. The conjugal
partnership of gains has no duty to
make advance payments for the
liability of the debtor-spouse. (Sps.
Buado v. Court of Appeals, 145222,
April 24, 2009)
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of consanguinity or affinity of the
Filipino spouse.
120. Abe is the son of Fidel with
his first wife, while Rey is Fidels
son with his second wife. Both
wives predeceased Fidel. Upon
Fidels death in 2008, Abe
immediately instituted and action
for partition of Fidels estate.
After trial in due course, the
court
rendered
judgment
ordering the partition in equal
shares between Abe and Rey the
land exclusively owned by Fidel.
As Abe and Rey failed to
agree on how to partition the
property, the court ordered its
sale at public auction. However,
the public sale did not push
through because Rey refused to
include in the auction sale the
house standing on the land on
the allegation that the house has
been residence nearly 20 years,
and has thus acquired the status
of a family home. Rey also
pointed out that since the house
was not mentioned in Abes
complaint for judicial partition,
such house is not susceptible of
partition. Decide.
The house is deemed included
in the judgment of partition, and this
is true even if its existence was not
mentioned
in
Abes
complaint.
Pursuant to law, since Fidel owned
the land, he also owned the house
which is a mere accessory to the
land. Both properties form part of the
estate of the deceased and are held
in co-ownership by his heirs. Any
decision in the action for partition of
said estate would cover not just the
subject land but also the subject
house.
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sold at an extrajudicial foreclosure
sale by paying to the buyer in the
foreclosure sale the amount paid by
the buyer within one year from such
sale.
122. May the true owner of a
movable
property
recover
possession of his property from
the present possessor? If so, is
there a need to reimburse said
possessor?
The true owner of a movable
property may recover possession of
his property without reimbursement
from a possessor in bad faith or even
from possessor in good faith if said
owner had lost the property or been
unlawfully
deprived
of
it,
the
acquisition being from a private
person.
The owner may also recover
possession of his movable property
but should reimburse the possessor if
such possessor acquired the property
in good faith at a public sale or
auction (Art. 559, CC)
However, the owner can no
longer recover possession of his
movable property, even if he offers to
reimburse, whether or not he had lost
his property or had been unlawfully
deprived of it, if the possessor had
acquired the property in good faith by
purchase from a merchants store, or
in fairs, or markets in accordance with
the Code of Commerce and Special
Laws (Art. 1505, Civil Code and Arts.
85, 86 Code of Commerce); or if the
owner is precluded from denying the
sellers authority, or if the possessor
had obtained the goods because he
was an innocent purchaser for value
and a holder of a negotiable
document title to the goods. (Art.
1518, CC)
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125. When can the owner of an
estate claim a compulsory right
of way?
Under Articles 649 and 650 of
the Civil Code, the owner of an estate
may claim a compulsory easement of
right of way after he has established
the existence of the following
requisites:
(a)
the
estate
is
surrounded by other immovables and
is without an adequate outlet to a
public highway; (b) proper indemnity
is paid; (c) the isolation is not due to
the proprietors own acts; and (d) the
right of way claimed is at a point least
prejudicial to the servient estate and
insofar as consistent with the law,
where
the
distance
from
the
dominant estate to a public highway
may be the shortest.
126. May an existing easement
of right of way be extinguished
by the opening of an adequate
outlet to a public highway?
An easement of right of way
provided for in a contract of sale is a
voluntary easement. As such, it
cannot be extinguished by the
opening of an adequate outlet to a
public highway. The opening of an
adequate outlet can extinguish a
legal or compulsory easement but not
a voluntary easement. (La Vista
Association v. Court of Appeals, 278
SCRA 498 [2000])
127. B donated to C a parcel of
land subject to a condition. When
C failed to comply with the
condition, B sold the land to D. Is
the sale an act of revocation of
the donation?
No. The act of selling the
property
donated
cannot
be
considered as a valid act of
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Article 1308 of the Civil Code. Is
the lessor correct?
No. The fact that the lessees
option to renew the lease is binding
only on the lessor and can be
exercised only by the lessee does not
render such option void for lack of
mutuality. After all, the lessor is free
to give or not to give the option to the
lessee. And while the lessee has a
right to elect whether to continue
with the lease or not, once he
exercises his option to continue and
the lessor accepts, both parties are
thereafter bound by new lease
agreement.
Their
rights
and
obligations become mutually fixed,
and the lessee is entitled to retain the
possession of the property for the
duration of the new lease, and the
lessor may hold him liable for the rent
thereof. Mutuality obtains in such a
contract and equality between the
lessor and the lessee since they
remain with the same faculties in
respect to fulfillment.
130. How shall the clause may
be renewed for a like term at the
option
of
the
lessee
be
interpreted or applied?
The clause means that the
exercise by the lessee of his option
resulted in the automatic extension of
the contract of lease under the same
terms and conditions prevailing in the
original contract of lease, i.e., for 14
years, the phrase for a like term
referring to the term of the lease. If
the renewed contract were still
subject to mutual agreement by the
lessor and the lessee, then the option
which is an integral part of the
consideration for the contract would
be rendered worthless. For then, the
lessor could easily defeat the lessees
right
by
simply
imposing
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the date of registration of the deed or
the date of issuance of the certificate
of title over the property. However,
this rule applies only when the
plaintiff or the person enforcing the
trust is not in possession of the
property, since if a person claiming to
be the owner thereof is in actual
possession of the property, the right
to seek reconvenyance which in
effect seeks to quiet title to property,
does not prescribe.
134. A contract of lease contains
a stipulation authorizing the
lessor to take over possession of
the leased premises without
judicial intervention upon failure
of the lessee to pay rent. Is the
stipulation valid?
The validity of a contractuallystipulated termination clause has
been upheld by the Supreme Court.
The stipulation is in the nature of
resolutory condition, for upon the
exercise by the lessor of his right to
take possession of the leased
property, the contract is deemed
terminated. This kind of contractual
stipulation is not illegal, there being
nothing in the law proscribing such
kind of agreement.
Moreover, judicial permission
to cancel the lease agreement is not,
therefore, necessary because of the
express stipulation in the contract of
lease that the lessor, in case of failure
of the lessee to comply with the
terms and conditions thereof, can
take over the possession of the
leased premises, thereby cancelling
the contract of lease. Resort to
judicial action is necessary only in the
absence of a special provision
granting the power of cancellation.
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The foreclosure is void. Since D
was not given an opportunity to settle
his debt, at the correct amount and
without
the
iniquitous
interest
imposed, no foreclosure proceedings
may be instituted. A judgment
ordering
a foreclosure
sale
is
conditioned upon a finding on the
correct amount of the unpaid
obligation and the failure of the
debtor to pay the said amount. (Secs.
2 and 3, Rule 68, Rules of Court)
138.
A Real Estate Mortgage
contains a stipulation that the
mortgagee shall send notice of
foreclosure proceedings to the
mortgagor at the latters given
address.
If
the
mortgagee
decides
to
extrajudicially
foreclose
the
mortgage,
is
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personal notice to the mortgagor
still necessary?
repurchase
prescribed.
QUESTIONS 139-141
are
based on the following situation:
In 1976, A obtained an
original
certificate
of
title
covering a parcel of land secured
through a homestead patent.
Upon As death in 1978, the land
was transferred by succession to
his son B who obtained a transfer
certificate of title in his name.
In 1989, B mortgaged the
land to DBP as security for a
loan. When B failed to pay, the
bank extrajudicially foreclosed
the mortgage, purchased the
property at the public auction,
and secured a title in its name
after consolidation.
Invoking Section 119 of the
Public Land Act, B tried to
repurchase the property in 2002,
but the bank refused. The bank
defends that there can no longer
be any right of repurchase but by
a transfer certificate of title, and
that in any event, the right to
had
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The term legal heirs as used
in Section 199 is used in generic
sense. It is broad enough to cover any
person who is called to the
succession either by provision of a
will or by operation of law. Thus, legal
heirs include both testate and
intestate
heirs depending upon
whether succession is by will of the
testator or by law. Legal heirs are not
necessarily compulsory heirs but they
may be so if the law reserves a
legitime for them. The interpretation
of legal heirs is more in keeping
with the salutary purpose behind the
enactment of Section 119 and the
jurisprudence laid down on the
matter. Indeed, it is not far-fetched to
arrive at a more liberal conclusion if
the section is analyzed in accordance
with its purpose.
The
widow
inherited
the
property from B, her husband, who in
turn inherited it from his father A. The
widow, as daughter-in-law of the
patentee, can be considered as
among the legal heirs who can
repurchase the land. The Supreme
Court has time and again said that
between
two
statutory
interpretations, that which better
serves the purpose of the law should
prevail. Furthermore, the law must be
liberally construed in order to carry
out its purpose. (DBP v. Gagarani, GR
No. 172248, September 17, 2008)
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Article 147 applies to two
relationships. The first is when a man
and a woman who are capacitated to
marry each other live exclusively as
husband and wife without the benefit
of marriage. The second is when a
man and a woman live together
under a void marriage where the
parties do not have an existing
marriage with another.
Article 148, on the other hand,
applies to five kinds of relationships;
namely (1) bigamous marriages; (2)
adulterous
relationships;
(3)
relationships
in
a
state
of
concubinage;
and
(5)
multiple
alliances of the same man.
145. X has no child. At the time
he gave a donation of P100, 000,
he had P1 million. Therefore,
after the donation, he had P900,
000 left. Later he adopted a
minor child. At the time he made
the adoption, he had only P50,
000 left. Should the donation be
reduced? How much and within
what period?
The
donation
should
be
reduced by P25, 000 because the
legitime is impaired to that extent.
The action to revoke or reduce the
inofficious donation must be brought
within four years from adoption. Thus:
50, 00
(value at the time of
adoption)
100,000 (value of donation)
150,000
The adopted child has the
same rights as a legitimate child. As
such, he is entitled to a legitimate of
P75, 000. But because the residue of
Xs estate is only P50, 000, the
donation is reducible by P25, 000.
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(a)
If the two things can be
separated
without
injury,
their
respective owners may demand their
separation. (Art. 469, par. 1 Civil
Code)
(b)
If the two things cannot be
separated without injury, and both
the owners had acted in good faith,
the owner of the principal thing
acquires the accessory indemnifying
the owner of such accessory for its
value
(Art.
456,
Civil
Code).
Nevertheless, if the accessory thing is
much more precious than the
principal thing, the owner may
demand its separation, even though
the principal thing may suffer some
injury.
(c)
If the owner of the accessory
thing has made the incorporation in
bad faith, he loses the thing
incorporated and shall have the
obligation to indemnify the owner of
the principal thing for the damages
which the latter may have suffered.
(d)
If the one who has acted in bad
faith is the owner of the principal
thing, the owner of the accessory
thing may choose between the
former paying him its value or that
his accessory thing be separated,
even though it will cause damage or
injury to the principal. Moreover, the
owner of the principal thing shall be
liable for damages.
(e)
If both owners had acted in bad
faith, their respective rights shall be
determined as though both had acted
in good faith.
149. What is meant by rebus sic
stantibus?
is
an
An attractive nuisance is a
dangerous
instrumentality
or
appliance which is likely to attract
children at play.
152. What is the doctrine
attractive nuisance?
of
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sued X for bigamy. X now alleges
that
the
pendency
of
the
annulment case is a prejudicial
question. Is X correct?
X is wrong because the
decision in the annulment case is not
important. The first marriage will
either be annulled or not. If not
annulled, bigamy can prosper. If
annulled, still bigamy can prosper, for
when he married the second time, he
was still married to his wife, a
voidable marriage being considered
valid until annulled.
154. X, a married man, was
forced by Y to contract marriage
with her. X then sued for
annulment
of
the
second
marriage; Y retaliated with a
charge of bigamy. In the bigamy
case, X moved to suspend the
criminal proceedings until after
the termination of the annulment
case on the ground that the
annulment case is a prejudicial
question. Should the motion be
granted?
Yes, because the annulment
case poses a prejudicial question.
If X was really forced into
marrying Y, then his consent was
defective;
hence,
the
second
marriage is to be annulled on that
ground. He cannot therefore be guilty
of bigamy.
155. In his will, testator T a)
disinherits
his
daughter,
A,
because she married a food for
nothing
gigolo
despite
my
repeated
warnings
that
she
shouldnt marry him; b) omits
his wife, W; c) leaves a legacy of
P10, 000 to his mistress, M, and
P5, 000 to his driver, E; and d)
25, 000
45, 000
25, 000
5, 000
0
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156. Within what period may an
action to revoke a donation inter
vivos be filed by the donor?
An action to revoke a donation
inter vivos must be filed by the dono
within four years if the ground is the
subsequent
birth,
adoption
or
reappearance of a child of the donor
or non-fulfillment of a condition; and
it must be filed within one year id the
ground is act of ingratitude in the part
of the donee. As to the first two
grounds, the right to file the action is
transmitted to the heirs; as to the last
ground only the donor can file the
action and the right is not transmitted
to the heirs.
157. What
title?
is
muniment
of
A muniment of title is an
instrument or written evidence which
an application for land registration
holds or possesses to enable him to
substantiate and prove title to his
estate.
158. When
is
pendens
not
applicable?
a
notice
registrable
lis
or
ground of
license?
lack
of
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Yes, but his institution as an
heir, or the legacy or devise given to
him, shall be rendered void, unless
there are three other competent
witnesses (Art. 823, CC). In other
words, he is disqualified from
inheriting from the testator (Art.
1027, CC).
162. If a marriage is dissolved
because of the death of the
husband, what surname may the
widow use?
Although the death of the
husband dissolves the marriage ties,
still the window may desire to cherish
her deceased husbands memory by
the continued use of his surname.
However, if she does not want to, she
is allowed to use her maiden
surname. Notice the use of the word
may in Article 373 of the Civil Code.
163. If a marriage is annulled, is
the wife required to resume her
maiden name and surname?
Wife is the guilty spouse: She
SHALL resume her maiden name and
surname.
Wife is the innocent spouse:
She MAY resume her maiden name
and surname, but she may choose to
continue
employing
her
former
husbands surname, unless (1) the
court decrees otherwise; or (2) she or
the former husband is married again
to another person. (Art. 371, CC)
164. What if legal separation
occurs, is the wife entitled to
continue using the husbands
surname even of she is the guilty
spouse?
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Yes,
because
the
first
(introductory) part of the Statute of
Frauds (Art. 1403, par. 2 Civil Code)
states that if the agreement is not in
writing and duly subscribed, evidence
of such agreement cannot be
received without the writing, or a
secondary evidence of its contents.
Thus, the loss or destruction of a
written agreement (complying with
the Statute of Frauds) will not militate
against the validity or enforceability
of the agreement. The agreement us
valid and enforceable and its
existence and the contents thereof
can be proved by secondary evidence
like the testimony of the interested
part and his witness. (see Sec. 4,
Rule 130, Rules of Court)
168. A orally sold to B his land.
Later B wanted to have the land
registered,
but
registration
requires a public instrument. May
B compel A to execute the
needed public instrument?
It depends. If the contract is
still executor, B cannot compel A to
execute the notarized sale because
the
contract
is
unenforceable.
However, if the price has been paid,
or the land has been delivered, this
time, B can compel A because the
contract
is
both
valid
and
enforceable.
QUESTIONS 169-170
based on the following
situation:
are
fact
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the artist. Under the facts in this
choice, C knows that B is mistaken
about the identity of the artist, which
mistake refers to the substance of the
thing which is the object of the
contract.
The statement in (B) is wrong
because the fact that one of the
parties to the contract has superior
knowledge about the subject matter
of the contract does not by itself
justify annulment, even of the other
party is unaware of that fact. Cs
knowledge or lack of it was not the
principal cause on which the contract
was made and was not relied on by B
in making the sale.
The statement in (C) is wrong
because the fact that B was angry
when he agreed to the contract is not
a ground for annulment of a contract
under the law. Regardless of Bs state
of mind, there was a meeting of the
minds between the parties.
The statement in (D) is
incorrect
because
Cs
misrepresentations to B as to how she
will use the paintings does not appear
to go to the substance of the thing
which is the subject matter of the
contract or to have been relied on by
B. Hence, the misrepresentation is
not significant enough to serve as a
ground for annulling the contract.
170. Which of the following
facts, if true, would give C the
best basis for annulling the
contract?
a. Several of the paintings
cracked when they were
being transported by V
because they were brittle
with age.
b.
The
day
after
the
purchase, a respected art
historian announced in a
press release that several
of
Xs
paintings
were
actually
done
by
his
students, causing the value
of all Xs paintings to
decline.
c.
Because
of
some
experimental pigments that
the artist had used, the
colors began to fade rapidly
as soon as the paintings
were exposed to light;
within a few days, virtually
all of the colors had faded
away.
d. The gallery for which C
had procured the paintings
was destroyed by a fire
shortly after the contract
was executed.
(C) offers the best ground for
annulling the contract based on
mutual mistake. When both parties
entering into a contract are mistaken
about facts relating to the agreement,
the contract may be avoidable by the
adversely affected party if the latter
did
not
assume
the
risk
or
contingency of mistake. Here, both
parties believed that the paintings
would be suitable for viewing and had
no reason to suspect that their color
would fade away when exposed to
light. Despite Cs superior knowledge
of the subject matter of the contract,
it is doubtful that she would be
deemed to have assumed the risk or
contingency of what occurred to the
paintings.
The circumstances in (A) are not
that strong as basis for annulment.
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Even
assuming that both parties
mistakenly
believed
that
the
paintings were not too fragile to be
transported, that risk is more likely to
be assumed by C.
173. Testator
T
has
three
legitimate children: A, B and C. In
his will, T disinherits A and
institutes B and C as his heirs.
The disinheritance of A is invalid
because it is for a cause not
provided by the law. If the
hereditary estate is P90, 000,
how shall the distribution be
made?
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d. X any Y in equal shares,
the expenses being deemed
extraordinary.
The choice in (D) is correct
because the expenses are deemed
ordinary, and not due to the wear and
tear of the thing. This is pursuant to
the second paragraph of Article 1949
of the Civil Code which provides that
if the extra-ordinary expenses arise
from the actual use of the bailee of
the thing loaned, even though he
acted without fault, the expense is
borne equally by the bailor and the
bailee share and share alike.
175. A
borrowed
Bs
truck.
During a fire which broke out in
As garage, he had time to save
only one vehicle, and he saved
his car instead of the truck. Is A
liable for the loss of Bs truck?
Yes. The baille in commodatum
is liable for the loss of the thing
loaned, even if it should be through a
furtuitious event, if being able to save
either the thing borrowed or his own
thing, he chose to save the latter.
(Art. 1492, CC)
176. D borrowed money from C.
To guarantee payment, D left the
Torrens title of his land to C for
the latter to hold until payment
of the loan. Is there a:
a) contract of pledge?
b) contract of mortgage?
c) contract of antichresis?
d) none of the above?
None of the above. There is no
pledge
because
only
movable
property may be pledged. (Art. 2094,
178.
Suppose
the
lessee
promised
to
leave
the
machineries to the lessor at the
end of the lease, would that
make any difference in your
answer?
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Yes, because the machineries
would
then
be
considered
as
immovables, because the tenant
would then be considered as the
agent of the lessor.
179. A is the owner of a piece of
land upon which fruits were
grown, raised, harvested, and
gathered by B in bad faith. Who
owns the fruits?
A, the landowner, owns the
fruits with no obligation to indemnify
B, except the latters expense in the
production,
gathering
and
preservation of the fruits. This is
pursuant to the rule that no one may
unjustly enrich himself at the expense
of another. (Art. 442, CC)
ARTICLE 449:
crops have not yet
(here the landowner
without indemnity by
accession continua)
applies if the
been gathered
gets the fruits
the principle of
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The same is true if Paterno had
not authorized Ambrosio to sell the
car but having knowledge that
Ambrosio was acting for him kept
silent and after consummation of the
sale, received the proceeds thereof
from Ambrosio. Here, Ambrosios
authority rests on estoppels on the
part of Paterno to deny such
authority.
The
authority
given
to
Ambrosio to sell the car is special
because it involves a particular
transaction.
Ambrosio
has
no
authority to use the car for his own
purposes but he can use it in an
emergency as, for example, to take a
member of his family to a hospital. In
this case, his authority is demanded
by necessity.
182. Give examples of agency by
estoppels and implied agency.
AGENCY BY ESTOPPEL: P
tells X that A is authorized to sell
certain merchandise. P privately
instructs A not to consummate the
sale but merely to find out the
highest price X is willing to pay for
the merchandise. If A makes a sale to
X, the sale is binding on P who is in
estoppels to deny As authority. In
this case, there is no agency created
but there is a power created in A to
create contractual relations between
P and a third person, without having
authority to do so. The legal result is
the same as if A had authority to sell.
IMPLIED
AGENCY:
P
authorized A to sell his car. A sold the
car to X who paid the purchase price.
However, A did not give the money to
P. X is not liable to P. A has implied
authority to receive payment.
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Is X liable for any obligation
Y and Z might incur while doing
business in the name of XYZ
Ltd. after his withdrawal from
the partnership?
Yes, X can be held liable under
the doctrine of estoppels. But as
regards
the
parties
among
themselves, only Y and Z are liable. X
can be held liable since there was no
proper notification or publication to
the public in general. In the event
that X is made to pay the liability to a
third person, he has the right to seek
reimbursement from Y and Z. (Arts.
1837 to 1849, CC)
185. A, B and C are general
partners in s trading frim. Having
contributed equal amounts to the
capital, they agreed on equal
distribution of whatever net
profile is realized per fiscal
period. After four years of
operation, A conveyed his whole
interest in the partnership to D
without
the
knowledge
and
consent of B and C. Is the
partnership dissolved?
No. Under Article 1813 of the
Civil Code, the conveyance by a
partner of his or her whole interest in
the partnership does not itself
dissolve the partnership on the
absence of an agreement.
186. What are the rights of D
shoule he desire to participate in
the
management
of
the
partnership
and
in
the
distribution of the net profit of
P45, 000 which was earned after
his purchase of As interest?
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188. A, B and C are partners in a
construction firm. Due to a
quarrel, C withdrew from the
partnership in 1986 as a result of
which they agreed to dissolve
their partnership and executes
an agreement of partition and
distribution of the partnership
properties. In 1994, Cs heirs
brought an action against A and
B
for
accounting
of
the
partnership assets and partition.
A and B defended on the ground
of prescription. They contend
that the action had already
prescribed four years after it
accrued
in 1986
when
the
partnership was dissolved by the
withdrawal of C. Has the action
prescribed?
Contrary
to
A
and
Bs
allegation, prescription has not even
begun to run in the absence of a final
accounting. Article 1842 of the Civil
Code states that the right to demand
accounting accrues at the date of
dissolution in the absence of any
agreement to the contrary. When a
final accounting has been made, it is
only then that prescription begins to
run.
In the case at bar, no final
accounting has been made, and that
is precisely what the heirs of C are
seeking since A and B failed or
refused to render an accounting of
the
partnerships
business
and
assets. Hence, the action is not
barred by prescription. (Emnace v.
Ca, 370 SCRA 431)
189. C loans D the amount of
P100, 000. As security for the
loan, D delivered to C two rings
by way of pledge. When D failed
to pay, C foreclosed, and had the
rings
sold
at
auction.
The
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any, should be returned to D, the
mortgagor.
192. Lessor and Lessee verbally
agree that if Lessor should
decide to sell the building, he will
give Lessee the pre-emptive right
to buy the leased property. The
following year, Lessor offered to
sell to Lessee the building for P2
million,
but
Lessee
counteroffered for P1 million.
Lessee later learned that a
buyer had already purchased the
property from Lessor for P800,
000. He also discovered that the
sale
had
already
been
consummated
when
Lessor
offered to sell it to him. Lessee
thus offered to reimburse the
buyer the purchase price of P800,
000, plus an additional P200, 000
to complete his earlier offer of P1
million.
When
the
offer
was
refused,
Lessee
brought
an
action for rescission of the sale.
After due proceedings, however,
the
court
dismissed
the
complaint on the ground that
the right of redemption on
which the complaint is based is
merely an oral one as such, is
unenforceable under the law.
Is the right
governed by the
Frauds?
of refusal
Statute of
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When A (first heir) died in
2000, the right of E and F over the
property became absolute.
194. H died leaving an estate of
P100, 000. His widow, W, gave
birth to a child four months after
Hs death, but the child died five
hours after birth. Two days after
the childs death, W also died
because she had suffered from
difficult child birth. The estate of
H is now being claimed by his
parents, A and B, and by C and D,
the parents of W. Who is entitled
to Hs estate of P100, 000?
If the child had an intra-uterine
life of not less than seven months, it
inherited
from
the
father.
Consequently, the estate of P100,
000 shall be divided equally between
the child and his mother as legal
heirs. Upon the death of the child, its
share of P50, 000 goes by operation
of law to the mother, W, which is
subject to reserve troncal.
Under Article 891 of the Civil
Code, the reserve is in favor of
relatives belonging to the paternal
line and who are three degrees from
the child. The parents of H (A and B)
are entitled to the reserved portion
which is P50, 000 as they are two
degrees related from the child. The
P50, 000 inherited by W from H will
go to her parents, C and D, as her
legal heirs.
However, if the child had an
intra-uterine life of less than seven
months, half of the estate of H, or
P50, 000, will be inherited by W, the
widow while the other half, P50, 000,
will be inherited by the parents of H.
Upon the death of W, her estate of
P50, 000 will be inherited by her own
parents, C and D.
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consanguinity to the ascendant from
whom the property came.
C is entitled to the reservable
portion of the property since he is not
only a third degree relative by
consanguinity of the propositus, but
he also belongs to the line from which
the property came.
Who
among
the
grandfathers is entitled to the
property?
EXCEPT
FOR
CHATTEL
MORTGAGE, a pledge, real estate
mortgage,
or
antichresis
may
exceptionally secure after-incurred
obligations so long as these future
debts are accurately described. This
is so because chattel mortgages can
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only cover obligations existing at the
time the mortgage is constituted.
One of the requirements of
chattel mortgage is an affidavit of
good faith and the law has provided
that the parties to the contract must
execute an oath that the mortgage is
made for the purpose of securing the
obligation specified in the conditions
thereof and for no other purposes.
The debt referred to in the law is a
current obligation, not an obligation
that is merely contemplated.
198. Which
irregularities
on
formal requisites of marriage
would not affect the validity of a
marriage but may render the
party or parties civilly, criminally,
or administratively liable?
a) Marriage license is issued by
a local civil registrar of a city or
municipality where neither party
habitually resides.
b) Marriage license is presigned by a local civil registrar but
issued by a fixer.
c) Marriage is performed at a
place other than those designated by
law without the written request under
oath of the parties.
d) No marriage counseling
certificate
is
attached
to
the
application and the marriage license
is issued even before the lapse of the
three0month period, the marriage is
valid.
e)
Marriage
ceremony
is
performed with only one witness
present or with no witnesses at all
(secret marriage).
solemnizes a
his
courts
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200. What is
possession?
mortgage
in
A mortgage in possession,
otherwise known as antichresis, is
one where the mortgagee acquires
actual or constructive possession of
the property mortgaged for purposes
only of enforcing his security over the
property and collecting the income to
pay for the mortgagors debt. (Nadal
v. CA, 320 SCRA 699)
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ABBYGAILE T. GONZALES
ROMEL L. BASILAN
Secretary:
Treasurer:
MILDRED P. AMBROS
PRO:
PRO:
AARON JAMES E. CO
Business Manager:
Business Manager:
LESLIE D. RAGUINDIN
SSG
Representative:
Ex-Officio:
Adviser:
Dean, College of
Law:
RONA B. ESTRADA
ATTY. ISAGANI G. CALDERON
ATTY. REYNALDO U.
AGRANZAMENDEZ