Civil Law

Civil Law Q&As (2007-2013)
hectorchristopher@yahoo.com
dbaratbateladot@gmail.com
A Compilation of the
Questions and Suggested Answers
In the
PHILIPPINE BAR EXAMINATIONS 2007-2013
In
CIVIL LAW
Compiled and Arranged By:
Baratbate-Ladot, Delight
Salise, Hector Christopher Jay-Arh Jr. M.
(University of San Jose-Recoletos School of Law)
ANSWERS TO BAR EXAMINATION QUESTIONS by the

UP LAW COMPLEX (2007-2013)
&
PHILIPPINE ASSOCIATION OF LAW SCHOOLS (2008)
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.Leroy Satchel Paige
Page 1 of 180
FOREWORD
This work is a compilation of the ANSWERS TO BAR

EXAMINATION QUESTIONS by the UP LAW COMPLEX ,
Philippine Association of Law Schools from 2007-2010 and
local law students and lawyers forum sites from 2011-2013
and not an original creation or formulation of the author.
The authors were inspired by the work of Silliman Universitys
College of Law and its students of producing a very good

material to everyone involved in the legal field particularly the
students and the reviewees for free. Hence, this work is a
freeware.
Everyone is free to distribute and mass produce copies of this

work, however, the author accepts no liability for the content of
this reviewer, or for the consequences of the usage, abuse, or
any actions taken by the user on the basis of the information
given.
The answers (views or opinions) presented in this reviewer are

solely those of the authors in the given references and do not
necessarily represent those of the authors of this work.
The Authors.
Page 2 of 180
TABLE OF CONTENTS
(Titles are based on Sillimans Compilation [Arranged by Topic])
Persons
Capacity: Juridical Capacity (2008)
12
Capacity; Juridical Capacity of Donee; Requisites for Acceptance (2012)
Capacity: Legal Capacity; Lex Rei Sitae (2007)
13
Correction of Entries; Clerical Error Act (2008) 14
Nationality Principle (2009)
14
Nationality Principle; Change of Name not Covered (2009)
Conflict of Laws
15
12
Processual Presumption (2009)
16
Jurisdiction; Courts may Assume Jurisdiction over Conflict of Laws Cases (2010) 17
Adoption
Adoption; Termination; Death of Adopter (2009) 17
Adoption; Illegitimate Child (2010)
18
Adoption; Illegitimate Child; Use of Mothers Surname as Middle Name (2012)
19
Consent; Consent of the Adopters Heirs (2008) 19
Qualifications of Adopter (2010)
20
Page 3 of 180
Family Code
Marriage; Annulment; Grounds (2009)
20
21
Marriage; Annulment; Parties (2012)
22
Marriage; Annulment; Support Pendente Lite (2010)
22
Marriage; Divorce Decrees; Filipino Spouse Becoming Alien (2009)
23
Marriage; Divorce Decrees; Foreign Spouse Divorces Filipino Spouse (2012) 24
Marriage; Divorce Decrees; Foreign Spouse Divorces Filipino Spouse (2010) 25
Marriage; Legal Separation; Prescription (2012) 25
Marriage; Legal Separation; Prescription (2007) 26
Marriage; Psychological Incapacity (2013)
26
Marriage; Psychological Incapacity (2012)
28
Marriage; Requisites (2008) 28
Marriage; Subsequent Marriage (2008)
29
Marriage; Void Marriages; By Reason of Public Policy (2008)
30
Marriage; Void Marriages; By Reason of Public Policy (2007)
30
Marriage; Void Marriages; Property Relations (2009)
30
Marriage; Void Marriages; Status of Children (2009)
31
Parental Authority; Illegitimate Minor Child (2009)
32
Parental Authority; In Vitro Fertilization (2010) 32
Page 4 of 180
Paternity & Filiation; Child Born Under a Void Marriage (2010)
Paternity & Filiation; Impugning Legitimacy (2010)
33
34
Paternity & Filiation; In Vitro Fertilization;
Surrogate Mothers Remedy to Regain Custody (2010) 34
Paternity & Filiation; Legitimacy; Presumption (2008) 35
Paternity & Filiation; Legitimation of a Child from a Previous Valid Marriage (2008)
36
Paternity & Filiation; Legitimation of a Dead Child (2009)
37
Paternity & Filiation; Support: Ascendants & Descendants;
Collateral Blood Relatives (2008) 37
Paternity & Filiation; Use of Surname; Illegitimate Child (2009)
Paternity & Filiation; Who May Impugn Legitimacy (2009)
Property Relations; Adulterous Relationship (2009)
39
39
38
Property Relations; Accession (2012)
40
Property Relations; Ante-Nuptial Debt (2007)
40
Property Relations; Unions Without Marriage (2012)
41
Property Relations; Unions Without Marriage (2012)
42
Property Relations; Void Marriages (2010)
43
Property Relations; Void Marriages (2010)
45
Page 5 of 180
Succession
Disposition; Mortis Causa vs. Intervivos; Corpse (2009) 46
Heirs; Fideicommissary Substitution (2008)
46
Heirs; Intestate Succession; Legitime; Computation (2010)
Heirs; Representation; Iron-Curtain Rule (2012) 49
Heirs; Reserva Troncal (2009)
49
Intestate Succession (2008)
50
51
Intestate Succession; Rights of Representation:
Illegitimate, Adopted Child; Iron Curtain Rule (2007)
Legitimes; Compulsory Heirs (2012)
53
51
47
Legitime; Compulsory Heirs (2008)
53
Preterition; Disinheritance (2008) 54
Succession; Proof of Death between persons called to succeed each other (2008)
55
Succession; Rule on Survivorship (2009) 56
Wills; Holographic Wills; Insertions & Cancellations (2012)
Wills; Holographic Wills; Probate (2009)
Wills; Joint Wills (2008)
57
57
59
Wills; Joint Wills; Probate (2012) 59
Page 6 of 180
Wills; Prohibition to Partition of a Co-Owned Property (2010) 60
Wills; Notarial Wills; Blind Testator; Requisites (2008) 61
Wills; Testamentary Disposition; Period to Prohibit Partition (2008) 61
Wills; Witnesses to a Will, Presence required; Thumbmark as Signature (2007)
Donation
Donations; Formalities; In Writing (2007) 63
Donations; Illegal & Impossible Conditions (2007)
Donation; Inter Vivos (2013)
64
Property
Accretion; Alluvium (2008) 65
Accretion; Rights of the Riparian Owner (2009) 67
Builder; Good Faith; Requisites (2013)
68
64
62
Easement; Prescription; Acquisitive Prescription (2009)
Easement; Right of Way (2013)
70
72
Hidden Treasure (2008)
70
73
Mortgage; Public or Private Instrument (2013)
74
Occupation vs. Possession (2007) 76
Ownership; Co-Ownership (2009) 76
Ownership; Co-Ownership (2008) 77
Page 7 of 180
Property; Movable or Immovable (2007)
78
Land Titles and Deeds
Acquisition of Lands; Sale of Real Property to an Alien (2009) 79
Non-Registrable Properties (2007) 80
Prescription; Acquisitive Prescription (2008)
81
Prescription; Judicially Foreclosed Real Property Mortgage (2012)
Purchaser in Good Faith; Mortgaged Property (2008)
Registration; Governing Law (2007)
84
Registration; Party Who First took Possession (2013)
Registration; Requisites; Proof (2013)
83
85
86
Remedies; Fraud; Rights of Innocent Purchaser (2009) 89
Contracts
82
Contract to Sell vs. Conditional Contract of Sale (2012)
90
Rescission of Contract; Fortuitous Event (2008) 90
Stipulation; Arbitration Clause (2009)
91
Obligations
Extinguishment; Compensation (2009)
91
92
Extinguishment; Novation (2008) 93
Extinguishment; Payment of Check (2013)
94
Page 8 of 180
Extinguishment; Payment of Check; Legal Tender (2008)
95
Liability; Solidary Liability (2008) 96
Obligations; Without Agreement (2007)
97
Trust
Trust De Son Tort (2007)
98
Sales
Condominium Act; Partition of a Condominium (2009) 99
Mortgage; Equitable Mortgage (2012)
99
Option Contract; Liquor & Pulutan as Consideration (2013) 100
Right of First Refusal; Lessee; Effect (2008)
101
Lease
Builder; Good Faith; Useful Improvements (2013)
103
Lease; Caveat Emptor (2009)
104
Agency
Agency; Sale of a Real Property through an Agent (2010)
104
Partnership
Liability; Liability of a Partner (2010)
Oral Partnership (2009)
105
106
Share; Demand during the Existence of Partnership (2012)
107
Page 9 of 180
Commodatum & Mutuum
Mutuum; Interest; Solutio Indebiti (2012)
107
Guaranty
Guaranty (2009)
108
Surety
Surety (2010) 108
Pledge
Pledge; Pactum Commissorium (2009)
109
Torts and Damages
Damages (2012)
109
Damages; Moral & Exemplary (2009)
110
Damages; Public Officers acting in the Performance of their Duties (2012)
111
Death Indemnity (2009)
112
Doctrine of Discovered Peril (Last Clear Chance) (2007) 112
Liability; Owner of a Pet; Fortuitous Event (2010)
Liability; Special Parental Authority (2010)
Quasi-Delict; Claims; Requisites (2013)
Quasi Tort (2010)
113
115
115
116
Page 10 of 180
MULTIPLE CHOICE QUESTIONS
2013 Civil Law Exam MCQ (October 13, 2013)..............118

2012 Civil Law Exam MCQ (October 14, 2012).................130
2011 Civil Law Exam MCQ (November 13, 2011)..............149
2010 Civil Law Exam MCQ (September 12, 2010).............176
2007 Civil Law Exam MCQ (September 09, 2007).............179
Page 11 of 180
shall be considered born for all purposes

that are favorable to it, provided that it
be born later with the conditions
Persons
specified in Art. 41. Article 41 states

that "for civil purposes, the fetus shall
be considered born if it is alive at the
time it is completely delivered from the
Capacity: Juridical Capacity (2008)
mother's womb. However, if the fetus

had an intra-uterine life of less than
No. II. At age 18, Marian found out that she
was pregnant. She insured her own life and
named her unborn child as her sole
beneficiary. When she was already due to
give birth, she and her boyfriend Pietro, the
father of her unboarn child, were
kidnapped in a resort in Bataan where they
were vacationing. The military gave chase
and after one week, they were found in an
seven months, it is not deemed born if it

dies within twenty-four (24) hours after
its complete delivery from the maternal
womb. The act of naming the unborn
child as sole beneficiary in the insurance
is favorable to the conceived child and
therefore the fetus acquires presumptive
or provisional personality. However, said
abandoned hut in Cavite. Marian and Pietro
presumptive personality only becomes
were hacked with bolos. Marian and the
conclusive if the child is born alive. The
baby delivered were both found dead, with
child need not survive for twenty-four
the baby's umbilical cord already cut. Pietro
(24) hours as required under Art. 41 of
survived.
the Code because "Marian was already

due to give birth," indicating that the
(A). Can Marian's baby be the beneficiary of
child was more than seven months old.
the insurance taken on the life of the

mother? (2%)
SUGGESTED ANSWER:
Capacity; Juridical Capacity of Donee;
Requisites for Acceptance (2012)
Yes, the baby can be the beneficiary of
the life insurance of Marian. Art. 40 NCC
provides that "birth determines
personality; but the conceived child
No.I. b) Ricky donated P 1 Million to the

unborn child of his pregnant girlfriend,
which she accepted. After six (6) months of
pregnancy, the fetus was born and baptized
SUGGESTED ANSWER:
as Angela. However, Angela died 20 hours

after birth. Ricky sought to recover the P 1
Million. Is Ricky entitled to recover?
Explain. (5%)
Yes, Ricky is entitled to recover the

P1,000,000.00. The NCC considers a
Page 12 of 180
the statement is FALSE, state the reason.

(2% each).
fetus a person for purposes favorable to
it provided it is born later in accordance
(1). Roberta, a Filipino, 17 years of age,
with the provision of the NCC. While the
without the knowledge of his parents, can
donation is favorable to the fetus, the

donation did not take effect because the
fetus was not born in accordance with
the NCC.
acquire a house in Australia because

Australian Laws allow aliens to acquire
property from the age of 16.
To be considered born, the fetus that

had an intrauterine life of less than
seven (7) months should live for 24
SUGGESTED ANSWER:
hours from its complete delivery from

the mothers womb. Since Angela had an
intrauterine life of less than seven (7)
months but did not live for 24 hours, she
was not considered born and, therefore,
did not become a person. Not being a
person, she has no juridical capacity to
be a donee, hence, the donation to her
did not take effect. The donation not
being effective, the amount donated may
be recovered. To retain it will be unjust
enrichment.
TRUE. Since Australian Law allows alien

to acquire property from the age of 16,
Roberta may validly own a house in
Australia, following the principle of lex
rei sitae enshrined in Art. 16, NCC,
which states "Real property as well as
personal property is subject to the law of
the country where it is situated."
Moreover, even assuming that legal
capacity of Roberta in entering the
contract in Australia is governed by
Philippine Law, she will acquire
ownership over the property bought
until the contract is annulled.
Capacity: Legal Capacity; Lex Rei Sitae

(2007)
No.VII. Write "TRUE" if the statement is

true or "FALSE" if the statement is false. If
ALTERNATIVE ANSWER:
FALSE. Laws relating to family rights
The age of majority under Philippine law
and duties, or to the status, condition or
is 18 years (R.A. No. 6809); hence,
legal capacity of persons are binding
Roberta, being only 17 years old, has no
upon the citizens of the Philippines,
legal capacity to acquire and own land.
even though living abroad (Art. 15, NCC).
Page 13 of 180
Yes, a judicial action for correction of

entries in Gianna's birth certificate can
be successfully maintained to change (a)
Correction of Entries; Clerical Error Act
her status from "legitimate" to
(2008)
"illegitimate," and (b) her surname from

that of Andy's to Aimee's maiden
surname in accordance with Rule 108 of
No. IV. Gianna was born to Andy and

Aimee, who at the time Gianna's birth were
not married to each other. While Andy was
single at the time, Aimee was still in the
process of securing a judicial declaration of
the Rules of Court because said changes
nullity on her marriage to her ex-husband.
are substantive corrections.
Gianna's birth certificate, which was signed

by both Andy and Aimee, registered the
status of Gianna as "legitimate", her
surname carrying that of Andy's and that
her parents were married to each other.
(B). Instead of a judicial action, can

administrative proceedings be brought for
the purpose of making the above
corrections? (2%)
(A). Can a judicial action for correction of

entries in Gianna's birth certificate be
successfully maintained to:
SUGGESTED ANSWER:
a). Change her status from "legitimate" to

"illegitimate" (1%);
No. An administrative proceeding cannot

be brought for the purpose of making the
above corrections. R.A. 9048, otherwise
and
known as the Clerical Error Act, which

authorizes the city or municipal civil
registrar or the consul general to correct
a clerical or typographical error in an
b). Change her surname from that of Andy's

to Aimee's maiden surname? (1%)
entry and/or change the first name or

nickname in the civil register without
need of a judicial order. Errors that
involve the change of nationality, age,
SUGGESTED ANSWER:
status, surname or sex of petitioner are

not included from the coverage of the
said Act (Silverio v. Republic, G.R. No.
174689, 22 Oct., 2007).
No.XII. Emmanuel and Margarita, American

citizens and employees of the U.S. State
Department, got married in the African
Nationality Principle (2009)
state of Kenya where sterility is a ground for

annulment of marriage. Thereafter, the
spouses were assigned to the U.S. Embassy
in Manila. On the first year of the spouses
Page 14 of 180
and Bayot v. Court of Appeals 570 SCRA

472 [2008]).
tour of duty in the Philippines, Margarita
filed an annulment case against Emmanuel
before a Philippine court on the ground of
her husbands sterility at the time of the
celebration of the marriage.
ALTERNATIVE ANSWER:
(A). Will the suit prosper? Explain your
answer. (3%)
The forum has jurisdiction over an
action for the annulment of marriage
SUGGESTED ANSWER:
solemnized elsewhere but only when the

party bringing the actions is domiciled
in the forum. In this case, none of the
No, the suits will not prosper. As applied
parties to the marriage is domiciled in
to foreign nationals with the respect to
the Philippines. They are here as
family relations and status of persons,
officials of the US Embassy whose stay in
the nationality principle set forth in
the country is merely temporary, lasting
Article 15 of the Civil Code will govern
only during their fixed tour of duty.
the relations of Emmanuel and
Hence, the Philippine courts have no
Margarita. Since they are American
jurisdiction over the action.
citizens, the governing law as to the

ground for annulment is not Kenyan Law
which Magarita invokes in support of
sterility as such ground; but should be
U.S. Law, which is the national Law of
both Emmanuel and Margarita as
Nationality Principle; Change of Name
recognized under Philippine Law. Hence,
not Covered (2009)
the Philippine court will not give due

course to the case based on Kenyan Law.
The nationality principle as expressed in
No.XX. (A). If Ligaya, a Filipino citizen
the application of national law of foreign
residing in the United States, files a petition
nationals by Philippine courts is
for change of name before the District Court
established by precedents (Pilapil v. IbaySomera, 174 SCRA 653[1989], Garcia v.
of New York, what law shall apply? Explain.

(2%)
Recio, 366 SCRA 437 [2001], Llorente v.

Court of Appeals 345 SCRA 92 [2000],
SUGGESTED ANSWER:
affect the registry of any other country

New York law shall apply. The petition of
change of name file din New York does
not concern the legal capacity or status
of the petitioner. Moreover, it does nto
including the country of birth of the

petitioner. Whatever judgment is
rendered in that petition will have effect
only in New York. The New York court
Page 15 of 180
of name before a Philippine court, what law

shall apply? Explain. (2%)
cannot, for instance, order the Civil
Registrar in the Philippines to change its
SUGGESTED ANSWER:
records. The judgment of the New York

court allowing a change in the name of
the petitioner will be limited to the
Philippine law will apply. The petition for
records of the petitioner in New York and
change of name in the Philippines will
the use of her new name in all
affect only the records of the
transactions in New York. Since the

records and processes in New York are
the only ones affected, the New York
court will apply New YorK law in
resolving the petition.
petitioner and his transactions in the

Philippines. The Philippine court can
never acquire jurisdiction over the
ALTERNATIVE ANSWER:
custodian in the US of the records of the

petitioner. Moreover, change of name has
nothing to do with the legal capacity or
Philippine law shall apply (Art 15, NCC).

Status, conditions, family rights and
duties are governed by Philippine laws as
to Filipinos even though sojourning
abroad.
status of the alien. Since Philippine

records and transactions are the only
ones affected, the Philippine court may
effect the change only in accordance
with the laws governing those records
and transactions that law cannot be but
Philippine law.
ALTENATIVE ANSWER:
ALTERNATIVE ANSWER:
If Ligaya, a Filipino, files a petition for
change of name with the District Court
of New YoRk, the laws of New York will
govern since change of name is not one
of those covered by the principles of
nationality.
U.S. law shall apply as it is his national

law. This is pursuant to the application
of lex patriae or the nationality
principle, by which his legal status is
governed by national law, the matter of
change of name being included in the
(B). If Henry, an American citizen residing

in the Philippines, files a petition for change
legal status. The Supreme Court has

reiterate in several cases, that the lex
patriae as provided in Article 15 of the
Civil Code is applicable to foreign
Processual Presumption (2009)
nationals in determining their legal

status (supra).
Conflict of Laws
No.I. TRUE or FALSE. Answer TRUE if the

statement is true, or FALSE if the
statement is false. Explain your answer in
not more than two (2) sentences.
Page 16 of 180
Statute theory. There is a domestic law

authorizing the local court to assume
jurisdiction.
(A). The doctrine of "processual
presumption" allows the court of the forum
to presume that the foreign law applicable
to the case is the same as the local or
domestic law. (1%)
SUGGESTED ANSWER:
Comity theory. The local court assumes

jurisdiction based on the principle of
comity or courtesy.
ALTERNATIVE ANSWER:
TRUE. If the foreign law necessary to the

resolve an issue is not proven as a fact,
the court of the forum may presume that
Public Order. To maintain peace and
the foreign law is the same as the law of
order, disputes that disturb the peace of
the forum.
the forum should be settled by the court

of the forum even though the application
of the foreign law is necessary for the
purpose.
Jurisdiction; Courts may Assume
Humanitarian Principle. An aggrieved
Jurisdiction over Conflict of Laws Cases
party should not be left without remedy
(2010)
in a forum even though the application

of the foreign law by the courts of the
forum is unavoidable in order to extend
No.III. Define, Enumerate or Explain. (2%
relief.
each)
(C) Give at least two reasons why a court
Adoption
may assume jurisdiction over a conflict of

laws case.
Adoption; Termination; Death of Adopter
SUGGESTED ANSWER:
(2009)
No.XIII. Rafael, a wealthy bachelor, filed a
(A). Should the case be dismissed? Explain.
petition for the adoption of Dolly, a one-year
(2%)
old foundling who had a severe heart ailment.

During the pendency of the adoption
proceedings, Rafael died of natural causes.
The Office of the Solicitor General files a
SUGGESTED ANSWER:
motion to dismiss the petition on the ground

that the case can no longer proceed because
of the petitioners death.
It depends on the stage of the

proceedings when Rafael died. If he died
after all the requirements under the law
Page 17 of 180
with more compelling reason that the

decree should be allowed in case it is the
adoptee who dies because adoption is
have been complied with and the case is
primarily for his benefit.
already submitted for resolution, the

court may grant the petition and issue a
decree of adoption despite the death of
the adopter (Section 13, RA 8552).
Otherwise, the death of the petitioner
Adoption; Illegitimate Child (2010)
shall have the effect terminating the

proceedings.
No.VIII. Spouses Rex and Lea bore two
(B). Will your answer be the same if it was
children now aged 14 and 8. During the
Dolly who died during the pendency of the
subsistence of their marriage, Rex begot a
adoption proceedings? Explain. (2%)
child by another woman. He is now 10

years of age.
SUGGESTED ANSWER:
On Leas discovery of Rexs fathering a child
by another woman, she filed a petition for
No, if it was Dolly who died, the case
legal separation which was granted.
should be dismissed. Her death

terminates the proceedings (Art. 13,
Domestic Adoption Law).
ALTERNATIVE ANSWER:
Rex now wants to adopt his illegitimate

child.
(A) Whose consent is needed for Rexs

adoption of his illegitimate child? (2.5%)
It depends. If all the requirements under

the law have already been complied with
and the case is already submitted for
SUGGESTED ANSWER:
resolution, the death of the adoptee

should not abate the proceedings. The
court should issue the decree of
adoption if will be for the best interest of
the adoptee. While RA8552 provides only
for the case where it is the petitioner
who dies before the decree is issued, it is
The consent of the 14-year-old

legitimate child, of the 10- year -old
illegitimate child and of the biological
mother of the illegitimate child are
needed for the adoption (Section 7 and
9, RA 8552). The consent of Lea is no
longer required because there was

already a final decree of legal separation.
(B) If there was no legal separation, can Rex

still adopt his illegitimate child? Explain.
(2.5%)
SUGGESTED ANSWER:
Yes, he can still adopt his illegitimate

child but with the consent of his spouse,
Page 18 of 180
use of her mothers surname as her middle

name? Explain. (5%)
of his 14-year-old legitimate child, of the
illegitimate child, and of the biological
SUGGESTED ANSWER:
mother of the illegitimate child (Section

7 and 9, RA 8552).
No, the trial court was not correct. There

is no law prohibiting an illegitimate child
adopted by his natural father to use as
middle name his mothers surname. The
law is silent as to what middle name an
Adoption;
Illegitimate Child; Use of
Mothers
Surname
as
adoptee may use. In case of In re:
Middle
Name
Adoption of Stephanie Nathy Astorga

Garcia, G.R. No. 148311, March 31,
2005, the Supreme Court ruled that the
(2012)
adopted child may use the surname of

the natural mother as his middle name
because there is no prohibition in the
law against it. Moreover, it will also be
No.IV.b) Honorato filed a petition to adopt

his minor illegitimate child Stephanie,
alleging that Stephanies mother is Gemma
for the benefit of the adopted child who

shall preserve his lineage on his
mothers side and reinforce his right to
inherit from his mother and her family.
Lastly, it will make the adopted child
Astorga Garcia; that Stephanie has been
conform with the time-honored Filipino
using her mothers middle name and
tradition of carrying the mothers
surname; and that he is now a widower and
surname as the persons middle name.
qualified to be her adopting parent. He

prayed that Stephanies middle name be
changed from "Astorga" to "Garcia," which is
her mothers surname and that her
surname "Garcia" be changed to "Catindig,"
which is his surname. This the trial court
denied. Was the trial court correct in
denying Hororatos request for Stephanies
Consent; Consent of the Adopters Heirs
two sons: Jon and Ryan. His third, with
(2008)
Donna, bore him no children although

Elena has a daughter Jane, from a previous
relationship. His last, with Fe, produced no
No.V. Despite several relationships with

different women, Andrew remained
unmarried. His first relationship with
Brenda produced a daughter, Amy, now 30
years old. His second, with Carla, produced
biological children but they informally

adopted without court proceedings, Sandy's
now 13 years old, whom they consider as
their own. Sandy was orphaned as a baby
and was entrusted to them by the midwife
who attended to Sandy's birth. All the
Page 19 of 180
written consent of Jane, if she is over

ten years old (Sec. 9(d), RA 8552).
children, including Amy, now live with
andrew in his house.
Qualifications of Adopter (2010)
(A). Is there any legal obstacle to the legal
adoption of Amy by Andrew? To the legal
adoption of Sandy by Andrew and Elena?
(2%)
No.IX. Eighteen-year old Filipina Patrice

had a daughter out of wedlock whom she
SUGGESTED ANSWER:
named Laurie. At 26, Patrice married

American citizen John who brought her to
live with him in the United States of
America. John at once signified his
willingness to adopt Laurie.
Yes, there is a legal obstacle to the legal

adoption of Amy by Andrew. Under Sec.
9(d) of RA 8552, the New Domestic
Adoption Act of 1998, the written
consent of the illegitimate
Can John file the petition for adoption? If

yes, what are the requirements? If no, why?
(5%)
sons/daughters, ten (10) years of age or

over, of the adopter, if living with said
adopter and the latter's spouse, if any, is
SUGGESTED ANSWER:
necessary to the adoption. All the

children of Andrew are living with him.
Andrew needs to get the written consent
of Jon, Ryan, Vina and Wilma, who are
all ten (10) years old or more. Sandy's
consent to Amy's adoption is not
necessary because she was not legally
adopted by Andrew. Jane's consent is
No, John cannot file the petition to

adopt alone. Philippine law requires
husband and wife to adopt jointly except
on certain situations enumerated in the
law. The case of John does not fall in any
of the exceptions (R.A. 8552).
likewise not necessary because she is

not a child of Andrew. Sandy, an orphan
since birth, is eligible for adoption under
Family Code
Sec. 8(f) of RA 8552, provided that

Andrew obtains the written consent of
the other children mentioned above,
including Amy and Elena obtains the
state of Kenya where sterility is a ground for

annulment of marriage. Thereafter, the
spouses were assigned to the U.S. Embassy
No.XII. Emmanuel and Margarita, American
citizens and employees of the U.S. State
Department, got married in the African
in Manila. On the first year of the spouses

tour of duty in the Philippines, Margarita
filed an annulment case against Emmanuel
before a Philippine court on the ground of
Page 20 of 180
the law of the place where the marriage

was celebrated in determining its formal
validity (Article 26, FC; Article 17, NCC).
her husbands sterility at the time of the
(B). Assume Emmanuel and Margarita are

both Filipinos. After their wedding in
Since the marriage was celebrated in

Kenya in accordance with Kenyan law,
Kenya, they come back and take up
the formal validity of such marriage is
residence in the Philippines. Can their
governed by Kenyan law and any issue as
marriage be annulled on the ground of
to the formal validity of that marriage
Emmanuels sterility? Explain. (3%)

shall be determined by applying Kenyan
SUGGESTED ANSWER:
law and not Philippine law.
No, the marriage cannot be annulled

under the Philippine law. Sterility is not
However, while Kenyan law governs the
a ground for annulment of marriage
formal validity of the marriage, the legal
under Article 45 of the Family Code.
capacity of the Filipino parties to the

marriage is governed not by Kenyan law
but by Philippine law (Article 15, NCC).
ALTERNATIVE ANSWER:
Sterility of a party as a ground for the

annulment of the marriage is not a
matter of form but a matter of legal
No, the marriage cannot be annulled in
capacity. Hence, the Philippine court
the Philippines.
must apply Phillippine law in

determining the status of the marriage
on the ground of absence or defect in the
legal capacity of the Filipino parties.
The Philippine court shall have

jurisdiction over the action to annul the
marriage not only because the parties
are residents of the Philippines but
because they are Filipino citizens. The
Philippine court, however, shall apply
Since sterility does not constitute

absence or defect in the legal capacity of
the parties under Philippine law, there is
no ground to avoid or annul the
marriage. Hence, the Philippine court
has to deny the petition.
No. VII. Write "TRUE" if the statement is

(2% each).
(4). The day after John and Marsha got

married, John told her that he was
impotent. Marsha continued to live with
Page 21 of 180
SUGGESTED ANSWER:
John for 2 years. Marsha is now estopped
from filing an annulment case against
John.
Yes, I agree. Under the rules promulgated

by the Supreme Court, a direct action for
declaration of nullity may only be filed
SUGGESTED ANSWER:
by any of the spouses.
ALTERNATIVE SUGGESTED ANSWER:

FALSE. Marsha is not estopped from
filing an annulment case against John on
the ground of his impotence, because
she learned of his impotence after the
celebration of the marriage and not
before. Physical incapacity to
consummate is a valid ground for the
No, I do not agree. There are others who

may file a petition for declaration of
nullity such as the other spouse in
bigamous marriages.
annulment of marriage if such incapacity

was existing at the time of the marriage,
continues and appears to be incurable.
The marriage may be annulled on this
ground within five years from its
celebration.
Marriage; Annulment; Support Pendente
Lite (2010)
Marriage; Annulment; Parties (2012)

No.V. G filed on July 8, 2000 a petition for
declaration of nullity of her marriage to B.
During the pendency of the case, the
No.IX.b) A petition for declaration of nullity
of a void marriage can only be filed by
either the husband or the wife? Do you
agree? Explain your answer. (5%)
couple entered into a compromise

agreement to dissolve their absolute
community of property. B ceded his right to
their house and lot and all his shares in
two business firms to G and their two
For her part, G undertook to shoulder the
children, aged 18 and 19.
day-to-day living expenses and upkeep of

the children. The Court approved the
spouses agreement on September 8, 2000.
B also opened a bank account in the

amount of P3 million in the name of the two
children to answer for their educational
(A) Suppose the business firms suffered
expenses until they finish their college
reverses, rendering G unable to support
degrees.
herself and the children. Can G still ask for

support pendente lite from B? Explain. (3%)
Page 22 of 180
Marriage;
Divorce
Decrees;
Filipino
SUGGESTED ANSWER:
Spouse Becoming Alien (2009)
If B acquiesces and does not file the
action to impugn the legitimacy of the
child within the prescriptive period for
doing so in Article 170 of the Family
Code, G's daughter by another man shall
be conclusively presumed as the
legitimate daughter of B by G.
No.IV. Harry married Wilma, a very wealthy

woman. Barely five (5) years into the
marriage, Wilma fell in love with Joseph.
Thus, Wilma went to a small country in
Europe, became a naturalized citizen of
that country, divorced Harry, and married
Joseph. A year thereafter, Wilma and
(B) Suppose in late 2004 the two children
Joseph returned and established
had squandered the P3 million fund for
permanent residence in the Philippines.
their education before they could obtain

their college degrees, can they ask for more
support from B? Explain. (3%)
(A). Is the divorce obtained by Wilma from

Harry recognized in the Philippines?
Explain your answer. (3%)
SUGGESTED ANSWER:
SUGGESTED ANSRWER :
Yes, the two children can still ask for
support for schooling or training for
some professions, trade or vocation,
even beyond the age of majority until
they shall have finished or completed
their education (Article 194, Paragraph
2, Family Code; Javier v. Lucero, 94 Phil.
634 {1954}].Their having squandered the
money given to them for their education
will not deprive them of their right to
complete an education, or to extinguish
the obligation of the parents to ensure
the future of their children.
As to Wilma, the divorced obtained by

her is recognized as valid in the
Philippines because she is now a
foreigner. Philippine personal laws do
not apply to a foreigner. However,
recognition of the divorce as regards
Harry will depend on the applicability to
his case of the second paragraph of
Article 26 of the Family Code. If it is
applicable, divorce is recognized as to
him and, therefore, he can remarry.
However, if it is not applicable, divorce is
not recognized as to him and,

consequently, he cannot remarry.
ALTERNATIVE ANSWER:
Page 23 of 180
Yes , the divorce obtained by Wilma is
(C). Harry tells you that he has fallen in
recognized as valid in the Philippines. At
love with another woman, Elizabeth, and
the time she got the divorce, she was

already a foreign national having been
naturalized as a citizen of that small
country in Europe. Based on precedents
wants to marry her because, after all,

Wilma is already married to Joseph. Can
Harry legally marry Elizabeth? Explain.
(2%)
established by the Supreme Court

( Bayot v. CA, 570 SCRA 472 [2008]),
divorce obtained by a foreigner is
recognized in the Philippines if validly
SUGGESTED ANSWER :
obtained in accordance with his or her

national law .
(B). If Harry hires you as his lawyer, what

legal recourse would you advise him to
take? Why? (2%)
Yes, he can validly marry Elizabeth,

applying the doctrine laid down by the
Supreme Court in Republic v. Obrecido
(427 SCRA 114 [2005]). Under the second
paragraph of Article 26 of the Family
SUGGESTED ANSWER:
Code, for the Filipino spouse to have

capacity to remarry, the law expressly
requires the spouse who obtained the
divorce to be a foreigner at the time of
I will advice Harry to:
the marriage. Applying this requirement

to the case of Harry it would seem that
he is not given the capacity to remarry.
This is because Wilma was a Filipino at
the time of her marriage to Harry.
Dissolve and liquidate his property

relations with Wilma ; and
In Republic v. Obrecido, however, the
Supreme Court ruled that a Filipino
If he will remarry, file a petition for the
recognition and enforcement of the
foreign judgment of divorced (Rule
39,Rules of Court ).
spouse is given the capacity to remarry

even though the spouse who obtained
the divorce was a Filipino at the time of
the marriage, if the latter was already a
foreigner when the divorce was already

obtained abroad. According to the court,
to rule otherwise will violate the equal
Spouse Divorces Filipino Spouse (2012)
protection clause of the Constitution.
(b) Cipriano and Lady Miros married each

other. Lady Miros then left for the US and
there, she obtained American citizenship.
Marriage;
Divorce
Decrees;
Foreign
Page 24 of 180
No.I. True or False.

Cipriano later learned all about this
including the fact that Lady Miros has
divorced him in America and that she had
remarried there. He then filed a petition for
authority to remarry, invoking Par. 2, Art.
26 of the Family Code. Is Cipriano
capacitated to re-marry by virtue of the
(A). Under Article 26 of the Family Code,

when a foreign spouse divorces his/her
Filipino spouse, the latter may re-marry by
divorce decree obtained by his Filipino

spouse who was later naturalized as an
American citizen? Explain. (5%)
proving only that the foreign spouse has
obtained a divorce against her or him
SUGGESTED ANSWER:
abroad. (1%)
Yes, he is capacitated to remarry. While
SUGGESTED ANSWER :
the second paragraph of Art 26 of the

Family Code is applicable only to a
Filipino who married a foreigner at the
FALSE, In Garcia v. Recio , 366 SCRA
time of marriage, the Supreme Court
437 (2001) , the SC held that for a
ruled in the case of Republic v. Orbecido,
Filipino spouse to have capacity to
G.R. No. 154380, 5 Oct, 2005, that the
contract a subsequent marriage, it must
said provision equally applies to a
also be proven that the foreign divorced
Filipino who married another Filipino at
obtained abroad by the foreigner spouse
the time of the marriage, but who was
give such foreigner spouse capacity to
already a foreigner when the divorce was
remarry.
obtained.
ALTERNATIVE ANSWER:
TRUE, Art 26 (2) (FC), clearly provides

that the decree of divorce obtained
Marriage;
Divorce
Decrees;
Foreign
abroad by the foreigner spouse is

sufficient to capacitate the Filipino
spouse to remarry.
Spouse Divorces Filipino Spouse (2010)
No.IV.a) After they got married, Nikki

discovered that Christian was having an
affair with another woman. But Nikki
decided to give it a try and lived with him
Marriage; Legal Separation; Prescription
(2012)
for two (2) years. After two (2) years, Nikki

filed an action for legal separation on the
ground of Christians sexual infidelity. Will
the action prosper? Explain. (5%)
Page 25 of 180
SUGGESTED ANSWER:
SUGGESTED ANSWER:
FALSE. The five-year prescriptive period
Although the action for legal separation
has not yet prescribed, the prescriptive
period being 5 years, if Obecidos affair
for filing legal separation runs from the

occurrence of sexual infidelity
committed in 2002 runs from 2002, for
with another woman was ended when

Nikki decided to live with him again,
Nikkis action will not prosper on
account of condonation. However, if
the sexual infidelity committed in 2003,
such affair is still continuing, Nikkis
the prescriptive period runs from 2003
action would prosper because the action
and so on. The action for legal
will surely be within five (5) years from
separation for the last act of sexual
the commission of the latest act of
infidelity in 2005 will prescribe in 2010.
sexual infidelity. Every act of sexual

liaison is a ground for legal separation.
Marriage; Psychological Incapacity

(2013)
Marriage; Legal Separation; Prescription
(2007)
No.I. You are a Family Court judge and
before you is a Petition for the Declaration
No.VII. Write "TRUE" if the statement is
of Nullity of Marriage (under Article 36 of
the Family Code)filed by Maria against Neil.
Maria claims that Neil is psychologically
(2% each).
incapacitated to comply with the essential

obligations of marriage because Neil is a
drunkard, a womanizer, a gambler, and a
(2). If a man commits several acts of sexual

infidelity, particularly in 2002, 2003, 2004,
2005, the prescriptive period to file for legal
separation runs from 2002.
mama's boy- traits that she never knew or

saw when Neil was courting her. Although
summoned, Neil did not answer Maria's
petition and never appeared in court.
To support her petition, Maria presented
interviews, her report is solely based on her
three witnesses- herself, Dr. Elsie Chan,
interviews with Maria and the spouses'
and Ambrosia. Dr. Chan testified on the
minor children. Dr. Chan concluded that
psychological report on Neil that she
Neil is suffering from Narcissistic
prepared. Since Neil never acknowledged
Personality Disorder, an ailment that she
n9r responded to her invitation for
found to be already present since Neil's
Page 26 of 180
Personality Disorder] existing already

before the marriage, incurable and
serious enough to prevent Neil from
early adulthood and one that is grave and
incurable. Maria testified on the specific
instances when she found Neil drunk, with
performing his essential marital

obligations. Dr. Chans report contains
another woman, or squandering the

family's resources in a casino. Ambrosia,
the spouses' current household help,
corroborated Maria's testimony.
mere conclusions. Being a drunkard, a

womanizer, a gambler and a mamas boy,
merely shows Neils failure to perform
On the basis of the evidence presented, will

you grant the petition? (8%)
his marital obligations. In a number of

cases, the Supreme Court did not find
the existence of psychological incapacity
SUGGESTED ANSWER:
in cases where the respondent showed

habitual drunkenness (Republic v.
Melgar, G.R. No. 139676, 2006), blatant
display of infidelity and irresponsibility
No. The petition should be denied.
(Dedel v. CA, 2004) or being hooked to

gambling and drugs (Republic v. TanyagSan Jose, G.R. No. 168328, 2007).
The psychological incapacity under Art.

36 of the Family Code must be
ALTERNATIVE ANSWER:
characterized by (a) gravity, (b) juridical

antecedence, and (c) incurability. It is
not enough to prove that the parties
Yes. The petition should be granted.
failed to meet their responsibilities and

duties as married persons; it is essential
that they must be shown to be incapable
of doing so, due to some physiological
(not physical) illness (Republic v. CA and
Molina, G.R. No. 108763, Feb 13, 1997).
The personal medical or psychological

examination of respondent is not a
requirement for declaration of
psychological incapacity. It is the
In this case, the pieces of evidence

presented are not sufficient to conclude
that indeed Neil is suffering from
psychological incapacity [Narcissistic
totality of the evidence presented which

shall determine the existence of
psychological incapacity (Marcos v.
Marcos, G.R. No. 136490, Oct 19, 2000).
Dr. Chans report corroborated by Marias
incapacity to assume his marital
and Ambrosias testimonies, therefore,
obligations.
sufficiently prove Neils psychological
Page 27 of 180
cannot be annulled on the ground of

respondents psychological incapacity if
Marriage; Psychological Incapacity
(2012)
the said report is the only evidence of
No.II.b) The petitioner filed a petition for
respondents psychological incapacity.
declaration of nullity of marriage based

allegedly on the psychological incapacity of
the respondent, but the psychologist was
not able to personally examine the
respondent and the psychological report
was based only on the narration of
Marriage; Requisites (2008)
petitioner. Should the annulment be

granted? Explain. (5%)
SUGGESTED ANSWER:
No. III. Roderick and Faye were high school

sweethearts. When Roderick was 18 and Faye,
16 years old, they started to live together as
The annulment cannot be guaranteed
husband and wife without the benefit of

marriage. When Faye reached 18 years of age,
solely on the basis of the psychological
her parents forcibly took her back and
report. For the report to prove the
arranged for her marriage to Brad. Although
psychological incapacity of the

respondent, it is required that the
psychologist should personally examine
the respondent and the psychological
report should be based on the
Faye lived with Brad after the marriage,

Roderick continued to regularly visit Faye
while Brad was away at work. During their
marriage, Faye gave birth to a baby girl, Laica.
When Faye was 25 years old, Brad discovered
her continued liason with Roderick and in one
psychologists independent assessment
of their heated arguments, Faye shot Brad to
of the facts as to whether or not the
death. She lost no time in marrying her true
respondent is psychologically
incapacitated.
Since, the psychologist did not

personally examine the respondent, and
his report is based solely on the story of
love Roderick, without a marriage license,

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

valid? (2%)
the petitioner who has an interest in the

outcome of the petition, the marriage
SUGGESTED ANSWER:
absence of any of the essential or formal

requisites renders the marriage void ab
initio. However, no license shall be
No. The marriage of Roderick and Faye is
not valid. Art. 4, FC provides that the
Page 28 of 180
German father and a Filipino mother

residing in Stuttgart. To avoid being
necessary for the marriage of a man and
a woman who have lived together as
husband and wife for at least 5 years and
without any legal impediment to marry
each other. In Republic v. Dayot, G.R.
No. 175581, 28 March 2008, reiterating
reqiured to submit the required certificate

of capacity to marry from the German
Embassy in Manila, Adolf stated in the
application for marriage license that he was
the doctrine in Nial v. Bayadog, G.R.
a Filipino citizen. With the marriage license
No. 133778, 14 March 2000, this five-
stating that Adolf was a Filipino, the couple
year period is characterized by
got married in a ceremony officiated by the
exclusivity and continuity. In the
Parish Priest of Calamba, Laguna in a
present case, the marriage of Roderick

and Faye cannot be considered as a
marriage of exceptional character,
because there were 2 legal impediments
beach in Nasugbu, Batangas, as the local

parish priest refused to solemnize
marriages except in his church. Is the
marriage valid? Explain fully. (5%)
during their cohabitation: minority on

the part of Faye, during the first two
years of cohabitation; and, lack of legal
SUGGESTED ANSWER:
capacity, since Faye married Brad at the

age of 18. The absence of a marriage
license made the marriage of Faye and
Roderick void ab initio.
No. The marriage is not valid. Art. 41 FC

allows the present spouse to contract a
subsequent marriage during the
subsistence of his previous marriage
provided that: (a) his prior spouse in the
first marriage had been absent for four
Marriage; Subsequent Marriage (2008)
consecutive years; (b) that the spouse

present has a well-founded belief that
the absent spouse was already dead, and
No. I. Ana Rivera had a husband, a Filipino

citizen like her, who was among the
passengers on board a commercial jet plane
(C) present spouse instituted a summary

proceeding for the declaration of the
which crashed in the Atlantic Ocean ten
presumptive death of absent spouse.
(10) years earlier and had never been heard
Otherwise, the second marriage shall be
of ever since. Believing that her husband
null and void. In the instant case, the
had died, Ana married Adolf Cruz Staedtler,
husband of Ana was among the
a divorced German national born of a
passengers on board a commercial jet
husband was not recovered to confirm
plane which crashed in the Atlantic
his death. Thus, following Art. 41, Ana
Ocean. The body of the deceased
Page 29 of 180
(D). Can Jon and Jane legally marry? (1%)
should have first secured a judicial
SUGGESTED ANSWER:
declaration of his presumptive death

before she married Adolf. The absence of
the said judicial declaration
incapacitated Ana from contracting her
second marriage, making it void ab
initio.
Yes. Jon and Jane can marry each other;

Jon is an illegitimate child of Andrew
while Jane is a child of Elena from a

previous relationship. Thus, their
Marriage; Void Marriages; By Reason of
marriage is not one of the prohibited

marriages enumerated under Art. 38 of
the FC.
Public Policy (2008)

Marriage; Void Marriages; By Reason of

Public Policy (2007)


(2% each).

(5). Amor gave birth to Thelma when she

was 15 years old. Thereafter, Amor met
David and they got married when she was
20 years old. David had a son, Julian, with
his ex-girlfriend Sandra. Julian and Thelma

can get married.
SUGGESTED ANSWER:
Marriage;
Void
Marriages;
Property
Relations (2009)
TRUE. Julian and Thelma can get
married. Marriage between stepbrothers
and stepsisters are not among the
marriages prohibited under the Family
Code.
No. III. In December 2000, Michael and

Anna, after obtaining a valid marriage
Page 30 of 180
special co-ownership under Article 147

of the Family Code. This is on the
assumption that there was no
license, went to the Office of the Mayor of
Urbano, Bulacan, to get married. The
Mayor was not there, but the Mayors

secretary asked Michael and Anna and their
impediment for them to validity marry

each other.
witnesses to fill up and sign the required

marriage contract forms. The secretary then
told them to wait, and went out to look for the
Mayor who was attending a wedding in a
neighboring municipality.
Marriage;
Void Marriages; Status of
When the secretary caught up with the

Mayor at the wedding reception, she showed
him the marriage contract forms and told
Children (2009)
him that the couple and their witnesses

were waiting in his office. The Mayor
forthwith signed all the copies of the
marriage contract, gave them to the
secretary who returned to the Mayors
office. She then gave copies of the marriage
contract to the parties, and told Michael
and Anna that they were already married.
No. III. In December 2000, Michael and

Anna, after obtaining a valid marriage
license, went to the Office of the Mayor of
Urbano, Bulacan, to get married. The
Thereafter, the couple lived together as

husband and wife, and had three sons.
Mayor was not there, but the Mayors
secretary asked Michael and Anna and their
(C). What property regime governs the

properties acquired by the couple? Explain.
(2%)
witnesses to fill up and sign the required

marriage contract forms. The secretary then
told them to wait, and went out to look for the
Mayor who was attending a wedding in a
neighboring municipality.
SUGGESTED ANSWER:
When the secretary caught up with the
Mayor at the wedding reception, she showed
him the marriage contract forms and told
The marriage being void, the property
relationship that governed their union is
him that the couple and their witnesses

were waiting in his office. The Mayor
forthwith signed all the copies of the
marriage contract, gave them to the

secretary who returned to the Mayors
office. She then gave copies of the marriage
contract to the parties, and told Michael
and Anna that they were already married.
(A). Is the marriage of Michael and Anna

valid, voidable, or void? Explain your
answer. (3%)
Thereafter, the couple lived together as

husband and wife, and had three sons.
Page 31 of 180
Parental Authority; Illegitimate Minor
SUGGESTED ANSWER :
Child (2009)
The marriage is void because the formal
No.XIV. Rodolfo, married to Sharon, had an
requisite of marriage ceremony was
illicit affair with his secretary, Nanette, a
absent ( Art.3, F.C. 209, Family Code).
19-year old girl, and begot a baby girl,

Rona. Nanette sued Rodolfo for damages:
actual, for hospital and other medical
ALTERNATIVE ANSWER:
expenses in delivering the child by

caesarean section; moral, claiming that
Rodolfo promised to marry her,
The marriage is void because an

essential requisite was absent: consent
representing that he was single when, in

fact, he was not; and exemplary, to teach a
lesson to like-minded Lotharios.
of the parties freely given in the

presence of the solemnizing officer (Art
.2, FC).
(C). When Rona reaches seven (7) years old,

she tells Rodolfo that she prefers to live
with him, because he is better off
financially than Nanette. If Rodolfo files an
action for the custody of Rona, alleging that
(B). What is the status of the three children

of Michael and Anna? Explain your answer.
(2%)
SUGGESTED ANSWER:
The children are illegitimate, having

been born outside a valid marriage.
he is Ronas choice as custodial parent, will

the court grant Rodolfos petition? Why or
why not? (2%)
SUGGESTED ANSWER:
No, because Rodolfo has no parental

authority over Rona. He who has the
parental authority has the right to
custody. Under the Family Code, the
mother alone has parental authority over
the illegitimate child. This is true even if
illegitimate father recognized the child
and even though he is giving support for

the child. To acquire custody over Rona,
Rodolfo should first deprive Nanette of
parental authority if there is ground
Parental Authority; In Vitro Fertilization

(2010)
under the law, and in a proper court

proceedings. In the same action, the
court may award custody of Rona to
Rodolfo if it is for her best interest.
No.VI. Gigolo entered into an agreement

with Majorette for her to carry in her womb
his baby via in vitro fertilization. Gigolo
undertook to underwrite Majorettes prenatal expenses as well as those attendant
Page 32 of 180
to her delivery. Gigolo would thereafter pay

Majorette P2 million and, in return, she
would give custody of the baby to him.
Paternity & Filiation; Child Born Under a
After Majorette gives birth and delivers the
Void Marriage (2010)
baby to Gigolo following her receipt of P2

million, she engages your services as her
lawyer to regain custody of the baby.
No.X. In 1997, B and G started living
(C) Who of the two can exercise parental
authority over the child? Explain. (2.5%)
together without the benefit of marriage.

The relationship produced one offspring,
Venus. The couple acquired a residential lot
SUGGESTED ANSWER:
in Paraaque. After four (4) years or in
Majorette, the mother, can exercise
parental authority. Since the child was
born out of wedlock, the child is
illegitimate and the mother has the
2001, G having completed her 4-year

college degree as a fulltime student, she
and B contracted marriage without a
license.
exclusive parental authority and custody

over the child.
The marriage of B and G was, two years

later, declared null and void due to the
absence of a marriage license.
ALTERNATIVE ANSWER:
(B). Is Venus legitimate, illegitimate, or
Gigolo can exercise parental authority
legitimated? Explain briefly. (3%)
over the child. Majorette has no blood

relation to the child. She is just a
SUGGESTED ANSWER:
carrier of the child.
Venus is illegitimate. She was conceived
and born outside a valid marriage. Thus,
she is considered illegitimate (Art 165,
Family Code). While Venus was

legitimated by the subsequent marriage
of her parents, such legitimation was
rendered ineffective when the said
marriage was later on declared null and
void due to absence of a marriage
license.
legitimation shall take place by a

subsequent valid marriage between
parents. The annulment of a voidable
marriage shall not affect the
legitimation. The inclusion of the
underscored portion in the Article
necessarily implies that the Article's
Under Article 178 of the Family Code,
application is limited to voidable

marriages. It follows that when the
Page 33 of 180
B can impugn the status of G's daughter

by another man as his legitimate
daughter on the ground that for
subsequent marriage is null or void, the
biological reason he could not have been
legitimation must also be null and void.
the father of the child, a fact that may
In the present problem, the marriage
be proven by the DNA test. Having been
between B and G was not voidable but
born during the marriage between B and
void. Hence, Venus has remained an
G, G's daughter by another man is
illegitimate child.
presumed as the child of B under Article

164 of the Family Code. In the same
action to impugn, B can pray for the

correction of the status of the said
Paternity
&
Filiation;
daughter in her record of birth.
Impugning
(B). If B acquiesces to the use of his
Legitimacy (2010)
surname by Gs daughter by another man,

what is/are the consequence/s? Explain.
(5%)
No.IV. Spouses B and G begot two

offsprings. Albeit they had serious
SUGGESTED ANSWER:
personality differences, the spouses

continued to live under one roof. B begot a
son by another woman. G also begot a
daughter by another man.
If B acquiesces and does not file the

action to impugn the legitimacy of the
child within the prescriptive period for
doing so in Article 170 of the Family
(A). If G gives the surname of B to her
Code, G's daughter by another man shall
daughter by another man, what can B do to
be conclusively presumed as the
protect their legitimate children's interests?
legitimate daughter of B by G.
Explain. (5%)
SUGGESTED ANSWER:
Paternity
&
Filiation;
In
No.VI. Gigolo entered into an agreement

with Majorette for her to carry in her womb
Vitro
his baby via in vitro fertilization. Gigolo

undertook to underwrite Majorettes preFertilization; Surrogate
Mothers
natal expenses as well as those attendant

to her delivery. Gigolo would thereafter pay
Majorette P2 million and, in return, she
Remedy to Regain Custody (2010)
would give custody of the baby to him.
After Majorette gives birth and delivers the

baby to Gigolo following her receipt of P2
Page 34 of 180
(B) Can Gigolo demand from Majorette the

return of the P2 million if he returns the
baby? Explain. (2.5%)
million, she engages your services as her
lawyer to regain custody of the baby.
SUGGESTED ANSWER:
(A) What legal action can you file on behalf
of Majorette? Explain. (2.5%)
No, he cannot. Both he and Majorette are
SUGGESTED ANSWER:
guilty of violating the provision of the

Anti-Child Abuse Law (RA7610) on child
trafficking. Being in pari delicto, the
As her lawyer, I can file a petition for

habeas corpus on behalf Majorette to
recover custody of her child. Since she is
partners shall be left where they are and

Gigolo cannot demand the return of what
he paid.
the mother of the child that was born

out of wedlock, she has exclusive
parental authority and custody over the
ALTERNATIVE ANSWER:
child. Gigolo, therefore, has no right to

have custody of the child and his refusal
to give up custody will constitute illegal
detention for which habeas corpus is the
Yes. The agreement between Gigolo and

Majorette is a valid agreement.
proper remedy.
(D) Is the child entitled to support and
ALTERNATIVE ANSWER:
The action to regain custody will not
inheritance from Gigolo? Explain. (2.5%)
SUGGESTED ANSWER:
prosper. In the first place Majorette

cannot regain custody of the baby. As
surrogate mother she merely carries the
child in her womb for its development.
The child is the child of the natural
parents- Gigolo and his partner. The
agreement between Gigolo and Majorette
is a valid agreement.
If Gigolo voluntarily recognized the child

as his illegitimate child in accordance
with Article 175 in relation to Article
172 of the Family Code, the child is
entitled to support and inheritance from
Gigolo.
ALTERNATIVE ANSWER:
Paternity & Filiation; Legitimacy;
Yes, because Gigolo is the natural and
Presumption (2008)
biological parent of the baby.

No. III. Roderick and Faye were high school
sweethearts. When Roderick was 18 and
Faye, 16 years old, they started to live
together as husband and wife without the
Page 35 of 180
No. Laica cannot bring an action to

benefit of marriage. When Faye reached 18
years of age, her parents forcibly took her
impugn her own status. In Liyao Jr. v.

Tanhoti-Liyao, G.R. No. 138961, 07
back and arranged for her marriage to Brad.

Although Faye lived with Brad after the
marriage, Roderick continued to regularly
visit Faye while Brad was away at work.
During their marriage, Faye gave birth to a
March 2002, the Supreme Court ruled
baby girl, Laica. When Faye was 25 years old,
that impugning the legitimacy of the
Brad discovered her continued liason with
child is a strictly personal right of
Roderick and in one of their heated

arguments, Faye shot Brad to death. She lost
no time in marrying her true love Roderick,
without a marriage license, claiming that they
have been continuosly cohabiting for more
than 5 years.
husband, except: (a) when the husband

died before the expiration of the period
fixed for bringing the action; (b) if he
should die after the filing of the
complaint, without having desisted
therefrom, or (c) if the child was born
after the death of the husband. Laica's
(B). What is the filiation status of Laica?
case does not fall under any of the
(2%)
exceptions.
SUGGESTED ANSWER:
(D). Can Laica be legitimated by the

marriage of her biological parents? (1%)
Laica is legitimate because children
SUGGESTED ANSWER:
conceived or born during the marriage of

the parents are presumed to be
legitimate (Art. 164, FC).
No. Laica cannot be legitimated by the
marriage of her biological parents
(C).Can Laica bring an action to impugn her
because only children conceived and
own status on the ground that based on
born outside of wedlock of parents who
DNA results, Roderick is her biological
at the time of the conception of the
father? (2%)
former were not disqualified by any

impediment to marry each other may be
SUGGESTED ANSWER:
legitimated (Art. 177, FC).
Paternity & Filiation; Legitimation of a

Child from a Previous Valid Marriage
(2008)
No. IV. Gianna was born to Andy and

Aimee, who at the time Gianna's birth were
not married to each other. While Andy was
single at the time, Aimee was still in the
Page 36 of 180
Paternity & Filiation; Legitimation of a
process of securing a judicial declaration of

nullity on her marriage to her ex-husband.
Dead Child (2009)
Gianna's birth certificate, which was signed

by both Andy and Aimee, registered the
status of Gianna as "legitimate", her
surname carrying that of Andy's and that
her parents were married to each other.
No. I. TRUE or FALSE. Answer TRUE if the

(C). Assuming that Aimee is successful in

declaring her former marriage void, and
Andy and Aimee subsequently married each
other, would Gianna be legitimated? (1%)
SUGGESTED ANSWER:
(E). A dead child can be legitimated. (1%)
SUGGESTED ANSWER:
Gianna cannot be legitimated by the
subsequent marriage of Andy and Aimee.
Art. 177 of the FC provides that "only
children conceived and born outside of
wedlock of parents who, at the time of
the conception of the former, were not
disqualified by any impediment to marry
each other may be legitimated." In the
present case, a legal impediment was
existing at the time of the conception of
Gianna. Her mother, Aimee, was still
alive in the process of securing judicial
declaration of nullity on her marriage to
her ex-husband.
TRUE To be legitimated, the law does not

require a child to be alive at the same
time of the marriage of his / her parents
( Article 177, FC ). Furthermore, Art.
181 of the Family Code which states
that [Th]e llegitimation of children who
died before the celebration of marriage
will benefit their descendants, does not
preclude instances where such
legitimation will benefit no one but the
child's ascendants ,or other relatives .
Paternity
&
Filiation;
Support:

Ascendants & Descendants; Collateral

Blood Relatives (2008)

Page 37 of 180
giving of support to "legitimate brothers

and sisters, whether full or half blood."
Paternity & Filiation; Use of Surname;

Illegitimate Child (2009)
(B). In his old age, can Andrew be legally
entitled to claim support from Amy, Jon,
Ryan, Vina, Wilma, and Sandy assuming
that all of them have the means to support
him? (1%)

SUGGESTED ANSWER:

Andrew, in his old age, cannot be legally

entitled to claim support because Art.
195, par 2 of the FC limits the giving of

support to "legitimate ascendants and

descendants."
(B). Suppose Rodolfo later on acknowledges

Rona and gives her regular support, can he
(C). Can Amy, Jon, Ryan, Vina, Wilma, and

Sandy legally claim support from each
compel her to use his surname? Why or

why not? (2%)
other? (2%)
SUGGESTED ANSWER:
SUGGESTED ANSWER:
No. he has no right to compel Rona to
use his surname. The law does not give
him the right simply because he gave her
Amy, Jon, Ryan, Vina, Wilma and Sandy
cannot legally claim support from each
other because Art. 195, par 5 limits the
support (RA 9255).
however, the illegitimate child is given

Under the Family Code, an illegitimate
child was required to use only the
surname of the mother. Under RA 9255,
otherwise known as the Revilla law,
the option to use the surname of the

illegitimate father when the latter has
recognized the former in accordance
with law. Since the choice belongs to the
illegitimate child, Rodolfo cannot
Page 38 of 180
Are Alberto and Baldomero entitled to share

in the estate of Edilberto? Explain. (4%)
compel Rona, if already of age, to use
the surname against her will. If Rona is
SUGGESTED ANSWER:
still a minor, to use the surname of

Rodolfo will require the consent of
Rona's mother who has sole parental
authority over her.
No, Alberto and Baldomero are not

entitled to share in Edilbertos estate.
Paternity & Filiation; Who May Impugn
They are not related at all to Edilberto.

They were born during the marriage of
Conrado and Clarita, hence, are
Legitimacy (2009)
considered legitimate children of the

said spouses. This status is conferred on
them at birth by law.
No.V. Four children, namely: Alberto,

Baldomero, Caridad, and Dioscoro, were
born to the spouses Conrado and Clarita de
la Costa. The childrens birth certificates
were duly signed by Conrado, showing them
to be the couples legitimate children.
Under Philippine law, a person cannot

have more than one natural filiation.
The legitimate filiation of a person can
be changed only if the legitimate father
will successfully impugn such status.
Later, one Edilberto de la Cruz executed a

notarial document acknowledging Alberto
and Baldomero as his illegitimate children
>with Clarita. Edilberto died leaving
substantial properties. In the settlement of
his estate, Alberto and Baldomero
intervened claiming shares as the
deceaseds illegitimate children. The
legitimate family of Edilberto opposed the
claim.
In the problem, therefore, the filiation of

Alberto and Baldomero as legitimate
children of Condrado cannot be changed
by their recognition by Edilberto as his
illegitimate children. Before they can be
conferred the status of Edilbertos
illegitimate children, Condrado must
first impugn their legitimacy. Since
Condrado has not initiated any action to

impugn their legitimacy, they continue
to be the legitimate of Condrado. They
Property
Relations;
Adulterous
cannot be the illegitimate children of

Edilberto at the same time. Not being
the illegitimate children of Edilberto,
Relationship (2009)
they have no right to inherit from him.
No. XI. TRUE or FALSE. Answer TRUE if

the statement is true, or FALSE if the
Page 39 of 180
No.III.(a) Maria, wife of Pedro, withdrew P 5

Million from their conjugal funds. With this

money, she constructed a building on a lot
which she inherited from her father. Is the
building conjugal or paraphernal? Reasons.
(B). If there is no marriage settlement, the
(5%)
salary of a "spouse" in an adulterous

marriage belongs to the conjugal
partnership of gains. (1%)
SUGGESTED ANSWER:
SUGGESTED ANSWER:
It depends. If the value of the building is
more than the value of the land, the
False. In adulterous relationship, the
building is conjugal and the land
salary of a married partner belongs to
becomes conjugal property under Art.
the absolute community, or conjugal
120 of the Family Code. This is a case of
partnership, of such married partner
reverse accession, where the building is
with his or her lawful spouse. Under
considered as the principal and the land,
Articles 148 of the Family Code, the
the accessory. If, on the other hand, the
property relations between married
value of the land is more than the value
partner and his/her paramour is
of the building, then the ordinary rule of
governed by ordinary co-ownership
accession applies where the land is the
where the partners become co-owners
principal and the building, the
only when they contributed to the
accessory. In such case, the land
acquisition of the property. The
remains paraphernal property and the
paramour is deemed to have not
building becomes paraphernal propery.
contributed in the earning of the salary

of the married partner.
Note: The rule on reverse accession is
applicable only to the regime of conjugal
partnership of gains in both the Family
Code and the New Civil Code. The foregoing
answer assumes that CPG is the regime of
the property relations of the spouses.
Property Relations; Accession (2012)

Property Relations; Ante-Nuptial Debt
(2% each).
(2007)
(3). An individual, While single, purchases a
house and lot in 1990 and borrows money
Page 40 of 180
in 1992 to repair it. In 1995, such
Property
individual gets married while the debt is
Without
still being paid. After the marriage, the debt
Relations;
Unions
is still the responsibility of such individual.

Marriage (2012)
SUGGESTED ANSWER:
No.V. a) Spouses Primo and Monina Lim,

FALSE. The absolute Community of
childless, were entrusted with the custody

of two (2) minor children, the parents of
property is liable for the ante-nuptial
whom were unknown. Eager of having
debts of either spouse in so far as the
children of their own, the spouses made it
same redounded to the benefit of the
appear that they were the childrens
family (Art. 94 par.7, FC).
ALTERNATIVE ANSWER:
parents by naming them Michelle P. Lim

and Michael Jude Lim. Subsequently,
Monina married Angel Olario after Primos

death.
FALSE. The debt is already the
She decided to adopt the children by
responsibility of the community
availing the amnesty given under R.A. 8552
property, because the property already
to those individuals who simulated the
constitutes absolute community

property under Art. 91 of FC which took
effect in 1988 while the house and lot
here involved was purchased in 1990.
birth of a child. She filed separate petitions

for the adoption of Michelle, then 25 years
old and Michael, 18. Both Michelle and
Michael gave consent to the adoption.
There is no indication that the spouse

who bought the property had legitimate
descendants by a former marriage, which
would exclude the house and lot from
the community property, Art. 92 par 3,
FC). If the spouses established a conjugal
partnership, the property belongs to the
The trial court dismissed the petition and

ruled that Monina should have filed the
petition jointly with her new husband.
Monina, in a Motion for Reconsideration
argues that mere consent of her husband
would suffice and that joint adoption is not
individual spouse if full ownership was
needed, for the adoptees are already
vested before marriage (Art. 118, FC).
emancipated.
Is the trial court correct in dismissing the

petitions for adoption? Explain. (5%)
SUGGESTED ANSWER:
Page 41 of 180
domain. After Jambrich and Descallar

separated, Jambrich purchased an engine
and some accessories for his boat from
Yes, the trial court was correct. At the
time the petitions for adoptions were
filed, petitioner had already remarried.
Borromeo. To pay for his debt, he sold his

rights and interests in the Agro-Macro
properties to Borromeo.
Under the law, husband and wife shall

adopt jointly, except in the cases
enumerated in the law. The adoption
cases of Michelle and James do not fall
Borromeo discovered that titles to the three
in any of the exceptions provided in the

law where a spouse is permitted to adopt
alone. Hence, Monina should adopt
(3) lots have been transfereed in the name
jointly with her husband Angel (Adoption
of Descallar. Who is the rightful owner of
of Michelle P. Lim, G.R. Nos. 168992-93,
the properties? Explain. (5%)
May 21, 2009).

SUGGESTED ANSWER:
It depends. On the assumption that the

Family Code is the applicable law, the
Property
Relations;
Unions
Without
ownership of the properties depends on

whether or not, Jambrich and Descallar
are capacitated to marry each other
during their cohabitation, and whether
Marriage (2012)
or not both have contributed funds for

the acquisition of the properties.
If both of them are capacitated to marry

No.V. b) Jambrich, an Austrian, fell in-love
each other, Art 147- co-ownership will
and lived together with Descallar and
apply to their property relations and the
bought their houses and lots at Agro-Macro
properties in question are owned by
Subdivision. In the Contracts to Sell,

Jambrich and Descallar were referred to as
the buyers. When the Deed of Absolute Sale
was presented for registration before the
Register of Deeds, it was refused because
Jambrich was an alien and could not
acquire alienable lands of the public
them in equal shares even though all the

funds used in acquiring the properties
came only from the salaries or wages, or
the income of Jambrich from his
business or profession. In such case,
while Jambrich is disqualified to own
any part of the properties, his
subsequent transfer of all his interest

therein to Borromeo, a Filipino, was
valid as it removed the disqualification.
In such case, the properties are owned
If, on the other hand, Jambrich and

Descallar were not capacitated to marry
by Borromeo and Descallar in equal

shares.
Page 42 of 180
ab initio under Article 36 of the Family

Code. At the time of the dissolution of the
each other Art. 148-co-ownership
governs their property relations. Under
this regime, Jambrich and Descallar are
co-owners of the properties but only if
both of them contributed in their
marriage, the couple possessed the

following properties:
acquisition. If all the funds used in

acquiring the properties in question
came from Jambrich, the entire property
is his even though he is disqualified from
a house and lot acquired by B on August 3,

1988, one third (1/3) of the purchase price
(representing downpayment) of which he
owning it. His subsequent transfer to
paid; one third (1/3) was paid by G on
Borromeo, however, is valid as it
February 14, 1990 out of a cash gift given
removed the disqualification. In such
to her by her parents on her graduation on
case, all the properties are owned by

Borromeo. If, on the other hand
April 6, 1989; and the balance was paid out

of the spouses joint income; and
Descallar contributed to their

acquisition, the properties are co-owned
by Descallar and Borromeo in proportion
to the respective contributions of the
an apartment unit donated to B by an

uncle on June 19, 1987.
Descallar and Jambrich.

Who owns the foregoing properties?
Note: The facts of the problem are not
Explain. (5%)
exactly the same as in the case of

Borromeo v. Descallar, G.R. NO. 159310,
Feb 24, 2009, hence, the difference in
SUGGESTED ANSWER:
the resulting answer.

Since the marriage was declared void ab
initio in 2001, no Absolute Community
or Conjugal Partnership was ever
established between B and G. Their
Property Relations; Void Marriages
property relation is governed by a
(2010)
special co-ownership under Article 147
No.VII. G and B were married on July 3,
1989. On March 4, 2001, the marriage,
which bore no offspring, was declared void
of the Family Code because they were

capacitated to marry each other.
during their cohabitation shall be owned

Under that Article 147, wages and
salaries of the former spouses earned
by them in equal shares while properties

acquired thru their work for industry
shall be owned by them in proportion to
Page 43 of 180
1/3 of the house and lot is owned by

their respective contributions. Care and
maintenance of the family is recognized
as a valuable contribution. In the
absence of proof as to the value of their
G. She is an undivided co-owner to the
respective contributions, they shall
extent for her contribution in its
share equally.
acquisition when she paid 1/3 of the

purchase price using the gift from her
parents. Although the gift was acquired
If ownership of the house and lot was
by G during her cohabitation with B, it is
acquired by B on August 3, 1988 at the
her exclusive property. It did not consist
time he bought it on installment before
of wage or salary or fruit of her work or
he got married, he shall remain owner of
industry.
the house and lot but he must reimburse

G for all the amounts she advanced to
pay the purchase price and for one-half
share in the last payment from their
joint income. In such case, the house
and lot were not acquired during their
cohabitation, hence, are not co-owned by
B and G.
(3) 1/3 of the house is co-owned by B

and G because the payment came from
their co-owned funds, i.e., their joint
income during their cohabitation which
is shared by them equally in the absence
of any proof to the contrary.
But if the ownership of the house and lot

was acquired during the cohabitation,
the house and lot will be owned as
follows:
After summing up their prospective

shares, B and G are undivided co-owners
of the house and lot in equal shares.
1/3 of the house and lot is owned by B.

He is an undivided co-owner to that
extent for his contributions in its
As to the apartment, it is owned
acquisition in the form of the down
exclusive by B because he acquired it
payment he made before the celebration
before their cohabitation. Even if he
of the marriage. The money he used to
acquired it during their cohabitation, it
pay the down payment was not earned
will still be his exclusive property
during the cohabitation, hence, it is his
because it did not come from his wage or
exclusive property.
salary, or from his work or industry. It
(B) If G and B had married on July 3, 1987
was acquired gratuitously from his uncle.
and their marriage was dissolved in 2007,

who owns the properties? Explain. (5%)
SUGGESTED ANSWER:
Page 44 of 180
No.X. In 1997, B and G started living

together without the benefit of marriage.
The relationship produced one offspring,
The answer is the same as in letter A.
Venus. The couple acquired a residential lot
Since the parties to the marriage which

was later declared void ab initio were
capacitated to marry each other, the
applicable law under the New Civil Code
was Article 144.This Article is
in Paraaque. After four (4) years or in

2001, G having completed her 4-year
substantially the same as Article 147 of
college degree as a fulltime student, she
the Family Code.
and B contracted marriage without a

license.
Hence, the determination of ownership

will remain the same as in question A.
And even assuming that the two
provisions are not the same, Article 147
The marriage of B and G was, two years

later, declared null and void due to the
absence of a marriage license.
of the Family Code is still the law that

will govern the property relations of B
and G because under Article 256, the
Family Code has retroactive effect
insofar as it does not prejudice or impair
(A). If you were the judge who declared the

nullity of the marriage, to whom would you
award the lot? Explain briefly. (3%)
vested or acquired rights under the new

Civil Code or other laws. Applying Article
147 retroactively to the case of G and B
SUGGESTED ANSWER:
will not impair any vested right. Until

the declaration of nullity of the marriage
under the Family Code, B and G have not
as yet acquired any vested right over the
properties acquired during their
cohabitation.
Since the marriage was null and void, no

Absolute Community or Conjugal
Partnership was established between B
and G. Their properties are governed by
the special co-ownership provision of
Article 147 of the Family Code because

both B and G were capacitated to marry
Property Relations; Void Marriages
(2010)
each other. The said Article provides

that when a man and a woman who are
capacitated to marry each other, live
exclusively with each other as husband
and wife without the benefit of marriage,
or under a void marriage: (1) their wages
industry shall be governed by the rules
and salaries shall be owned by them in
on co-ownership. In co-ownership, the
equal shares; and (2) property acquired
parties are co-owners if they contributed
by both of them through their work or
something of value in the acquisition of
Page 45 of 180
the property. Their share is in
Disposition; Mortis Causa vs. Intervivos;
proportion to their respective
Corpse (2009)
contributions. In an ordinary coownership the care and maintenance of

the family is not recognized as a valuable
contribution for the acquisition of a
property. In the Article 147 special co-
ownership however, care and
maintenance is recognized as a valuable

contribution which will entitle the
contributor to half of the property
(E). A person can dispose of his corpse
acquired.
through an act intervivos. (1%)
Having been acquired during their
SUGGESTED ANSWER:
cohabitation, the residential lot is

presumed acquired through their joint
work and industr under Article 147,
hence, B and G are co-owners of the said
property in equal shares.
False. A persons cannot dispose of his

corpse through an act inter vivos, i.e.,
an act to take effect during his lifetime.
Before his death there is no corpse to
dispose. But he is allowed to do so
Article 147 also provides that when a

party to the void marriage was in bad
through an act mortis causa, i.e., an act

to take effect upon his death.
faith, he forfeits his share in the coownership in favor of the common

children or descendants, the default of
children or descendants, the forfeited
share shall belong to the innocent party.
In the foregoing problem, there is no
showing that one party was in bad faith.
Hence, both shall be presumed in good
faith and no forfeiture shall take place.
Heirs; Fideicommissary Substitution

(2008)
No. XIII. Raymond, single, named his sister

Ruffa in his will as a devisee of a parcel of
Succession
land which he owned. The will imposed
upon Ruffa the obligation of preseving the
then only one year old. Raymond later died,
land and transferring it, upon her death, to
leaving behind his widowed mother, Ruffa
her illegitimate daughter Scarlet who was
and Scarlet.
Page 46 of 180
SUGGESTED ANSWER:
(A). Is the condition imposed upon Ruffa, to
preserve the property and to transmit it
upon her death to Scarlet, valid? (1%)
If Ruffa predeceases Raymond,
SUGGESTED ANSWER:
Raymond's widowed mother will be

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

to preserve the property and to transmit
it upon her death to Scarlet is valid
because it is tantamount to
fideicommissary substitution under Art.
863 of the Civil Code.
Ruffa (Art. 992, Civil Code). Moreover,

Scarlet is not a compulsory heir of
Raymond, hence she can inherit only by
testamentary succession. Since
(B). If Scarlet predeceases Ruffa, who

inherits the property? (2%)
Raymond executed a will in the case at

bar, Scarlet may inherit from Raymond.
SUGGESTED ANSWER:
Ruffa will inherit the property as
Heirs; Intestate Succession; Legitime;
Scarlet's heir. Scarlet acquires a right to

the succession from the time of
Raymond's death, even though she
Computation (2010)
should predecease Ruffa (Art. 866, Civil

Code).
No.XI. The spouses Peter and Paula had
(C). If Ruffa predeceases Raymond, can
Scarlet inherit the property directly from
Raymond? (2%)
three (3) children. Paula later obtained a

judgment of nullity of marriage. Their
absolute community of property having
been dissolved, they delivered P1 million to
each of their 3 children as their

presumptive legitimes.
Peter later re-married and had two (2)

children by his second wife Marie. Peter and
Marie, having successfully engaged in
business, acquired real properties. Peter
SUGGESTED ANSWER:
The legal heirs of Peter are his children

by the first and second marriages and
his surviving second wife.
later died intestate.

Their shares in the estate of Peter will
(A). Who are Peters legal heirs and how will
depend, however, on the cause of the
his estate be divided among them? (5%)
Page 47 of 180
marriage
nullity of the first marriage. If the nullity
for each
of the first marriage was psychological

incapacity of one or both spouses, the
three children of that void marriage are
legitimate and all of the legal heirs shall
share the estate of Peter in equal shares.
If the judgment of nullity was for other
causes, the three children are
illegitimate and the estate shall be
distributed such that an illegitimate
child of the first marriage shall receive
half of the share of a legitimate child of
2
children by second
1/6 of the estate
marriage
the second marriage, and the second wife

will inherit a share equal to that of a
legitimate child. In no case may the two
for each
legitimate children of the second

marriage receive a share less than onehalf of the estate which is their legitime.
When the estate is not sufficient to pay
all the legitimes of the compulsory heirs,
the legitime of the spouse is preferred
and the illegitimate children suffer the
reduction.
Surviving
second
1/6 of the estate
Computation:
(A) If the ground of nullity is

psychological incapacity:
3
children
by first
1/6 of the estate
spouse
(B) If the ground of nullity is not

psychological capacity:
illegitimate
1/12
of
2
legitimate
of the estate for
estate
for
children
each of first marriage
children
each
of
second
marriage
Note: The legitime of an illegitimate
child is supposed to be the legitime of
a legitimate child or 1/8 of the estate.
But the estate will not be sufficient to
Surviving
of the estate
second spouse
pay the said legitime of the 3 illegitimate

children, because only of the estate is
left after paying the legitime of the
surviving spouse which is preferred.
Hence, the remaining of the estate

shall be divided among the 3 illegitimate
children.
(B). What is the effect of the receipt by
Peters 3 children by his first marriage of

their presumptive legitimes on their right to
inherit following Peters death? (5%)
3
SUGGESTED ANSWER:
In the distribution of Peters estate, of

the presumptive received by the 3
children of the first marriage shall be
collated to Peters estate and shall be
Page 48 of 180
heir of the decedent he seeks to inherit

from.
imputed as an advance of their
respective inheritance from Peter. Only
While Arnel is a legal heir of Franco, he
half of the presumptive legitime is
is not a legal heir of Ricky because under
collated to the estate of Peter because

the other half shall be collated to the
estate of his first wife.
Art 992 of the NCC, an illegitimate child
has no right to inherit ab intestato from
the legitimate children and relatives of
his father or mother. Arnel is
disqualified to inherit from Ricky
Heirs; Representation; Iron-Curtain Rule
(2012)
because Arnel is an illegitimate child of

Franco and Ricky is a legitimate relative
of Franco.
No.VIII.a) Ricky and Arlene are married.

They begot Franco during their marriage.
Franco had an illicit relationship with
Audrey and out of which, they begot Arnel.
Frnaco predeceased Ricky, Arlene and
Arnel. Before Ricky died, he executed a will
Heirs; Reserva Troncal (2009)
which when submitted to probate was

opposed by Arnel on the ground that he
should be given the share of his father,
Franco. Is the opposition of Arnel correct?
Why? (5%)
No. I. TRUE or FALSE. Answer TRUE if the

SUGGESTED ANSWER:
No, his opposition is not correct. Arnel
(B).In reservatroncal, all reservatarios (reser
cannot inherit from Ricky in the

representation of his father Franco. In
representation, the representative must
not only be a legal heir of the person he
is representing, he must also be a legal
vees) inherit as a class and in equal shares

regardless of their proximity in degree to
the prepositus. (1%)
SUGGESTED ANSWER:
The applicable laws of intestate

succession will determine who among
the relatives will inherit as reservatarios
FALSE. Not all the relatives within the
and what shares they will tak, i.e., the
third degree will inherit as reservatario ,
direct line excludes the collateral, the
and not all those who are entitled to
descending direct line excludes the
inherit will inherit in the equal shares .
ascending ,the nearer excludes the more

remote, the nephews and nieces exclude
Page 49 of 180
their respective representatives, will

inherit the other half to be divided
among them equally. If some siblings are
the uncles and the aunts, and half blood
of the full-blood and the other of the half
relatives inherit half the share of full-
blood, a half blood sibling will receive
blooded relatives.
half the share of a full-blood sibling.
(1). The wife of Ramon will, therefore,

receive one half () of the estate or the
amount of P5,000,000.00.
(2). The three (3) full-blood brothers, will,
therefore, receive P1,000,000.00 each.
No. VII. Ramon Mayaman died intestate,
leaving a net estate of P10,000,000.00.
Determine how much each heir will receive
(3).
The
nephew
will
receive
from the estate:

P1,000,000.00 by right of
(A). If Ramon is survived by his wife, three
representation.
full-blood brothers, two half-brothers, and

one nephew (the son of a deceased fullblood brother)? Explain. (3%)
(4). The two (2) half-brothers will receive

P500,000.00 each.
SUGGESTED ANSWER:
(B). If Ramon is survived by his wife, a halfHaving died intestate, the estate of
sister, and three nephews (sons of a

deceased full-blood brother)? Explain. (3%)
Ramon shall be inherited by his wife and

his full and half blood siblings or their
respective representatives. In intestacy,
if the wife concurs with no one but the
SUGGESTED ANSWER:
siblings of the husband, all of them are

the intestate heirs of the deceased
husband. The wife will receive half of the
intestate estate, while the siblings or
The wife will receive one half (1/2) of the

estate or P5,000,000.00. The other half
shall be inherited by (1) the full-blood
brother, represented by his three

children, and (2) the half-sister. They will
divide the other half between them such
that the share of the half-sister is just
Therefore, the three (3) nephews will
half the share of the full-blood brother.
receive P1,111,111.10 each the half-
The share of the full-blood brother shall
sister will receive the sum of
in turn be inherited by the three
P1,666,666.60.
nephews in equal shares by right of

presentation.
Page 50 of 180
SUGGESTED ANSWER:

Since the probate of the will cannot be
allowed, the rules on intestate
succession apply. Under Art. 996 of the
No.X. Arthur executed a will which contained
only: (i) a provision disinheriting his daughter
Bernica for running off with a married man,
and (ii) a provision disposing of his share in
the family house and lot in favor of his other
children Connie and Dora. He did not make
Civil Code, if a widow or widower and

legitimate children or descendants are
left, the surviving spouse has the same
share as of the children. Thus, ownership
over the house and lot will be created
any provisions in favor of his wife Erica,
among wife Erica and her children
because as the will stated, she would anyway
Bernice, Connie and Dora. Similarly, the
get of the house and lot as her conjugal
amount of P 1 million will be equally
share. The will was very brief and

straightforward and both the above provisions
divided among them.
were contained in page 1, which Arthur and

his instrumental witness, signed at the
bottom. Page 2 contained the attestation
clause and the signatures, at the bottom
thereof, of the 3 instrumental witnesses
which included Lambert, the driver of Arthur;
Yoly, the family cook, and Attorney Zorba, the
lawyer who prepared the will. There was a 3rd
Intestate
Succession;
Rights of
page, but this only contained the notarial

acknowledgement. The attestation clause
stated the will was signed on the same
occasion by Arthur and his instrumental
witnesses who all signed in the presence of
Representation:
Illegitimate,
Adopted
each other, and the notary public who

notarized the will. There are no marginal
signatures or pagination appearing on any of
the 3 pages. Upon his death, it was discovered
Child; Iron Curtain Rule (2007)
that apart from the house and lot, he had a P

1 million account deposited with ABC bank.
No. X. For purpose of this question, assume

all formalities and procedural requirements
(D). How should the house and lot, and the
cash be distributed? (1%)
have been complied with.
In 1970, Ramon and Dessa got married.
respectively. In 1973, Dessa died while
Prior to their marriage, Ramon had a child,
giving birth to Larry Anna had a child, Lia.
Anna. In 1971 and 1972, Ramon and Dessa
Anna never married. Cherry, on the other
legally adopted Cherry and Michelle
hand, legally adopted Shelly. Larry had
Page 51 of 180
(1). Shelly, being an adopted child, she

cannot represent Cherry. This is because
adoption creates a personal legal relation
twins, Hans and Gretel, with his girlfriend,
Fiona. In 2005, Anna, Larry and Cherry
died in a car accident. In 2007, Ramon
died. Who may inherit from Ramon and
who may not? Give your reason briefly.
only between the adopter and the

adopted. The law on representation
requires the representative to be a legal
heir of the person he is representing and
(10%)
SUGGESTED ANSWER:
also of the person from whom the person

being represented was supposed to
inherit. While Shelly is a legal heir of
The following may inherit from Ramon:
Cherry, Shelly is not a legal heir of

Ramon. Adoption created a purely
personal legal relation only between
Cherry and Shelly.
(1). Michelle, as an adopted child of

Ramon, will inherit as a legitimate child
of Ramon. As an adopted child, Michelle
has all the rights of a legitimate child
(Sec 18, Domestic Adoption Law).
(2). Lia will inherit in representation of

Anna. Although Lia is an illegitimate
(2). Hans and Gretel are barred from

inheriting from Ramon under Art. 992,
NCC. Being illegitimate children, they
cannot inherit ab intestao from Ramon.
ALTERNATIVE ANSWER:
child, she is not barred by Articles 992,

because her mother Anna is an
illegitimate herself. She will represent
Anna as regards Anna's legitime under
The problem expressly mentioned the
Art. 902, NCC and as regards Anna's
dates of the adoption of Cherry and
intestate share under Art. 990, NCC.
Michelle as 1971 and 1972. During that

time, adoption was governed by the New
Civil Code. Under the New Civil Code,
The following may not inherit from
husband and wife were allowed to adopt
Ramon:
separately or not jointly with the other

spouse. And since the problem does not
specifically and categorically state, it is
possible to construe the use of the word
"respectively" in the problem as
as follows: Only Lia will inherit from
indicative of the situation that Cherry
Ramon in representation of Ramon's
was adopted by Ramon alone and
illegitimate daughter Anna. Although Lia
Michelle was adopted by Dessa alone. In
is an illegitimate child, she is not barred
such case of separate adoption the
from inheriting from Ramon because her
alternative answer to the problem will be
Page 52 of 180
No.VIII.b) How can RJP distribute his estate

by will, if his heirs are JCP, his wife; HBR
and RVC, his parents; and an illegitimate
mother is herself illegitimate. Shelly
child, SGO?
cannot inherit in representation of

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

represented person is supposed to
inherit. In the case of Shelly, while she
is a legal heir of Cherry by virtue of
adoption, she is not a legal heir of
Ramon. Adoption creates a personal
legal relation only between the adopting
parent and the adopted child (Teotico v.
Del Val, 13 SCRA 406, 1965. Michelle
cannot inherit from Ramon, because she
A testator may dispose of by will the free

portion of his estate. Since the legitime
of JCP is 1/8 of the estate, SGO is of
the estate and that of HBR and RVC is
of the hereditary estate under Art 889 of
the NCC, the remaining 1/8 of the estate
is the free portion which the testator
may dispose of by will.
was adopted not by Ramon but by Dessa.

In the eyes of the law, she is not related
to Ramon at all. Hence, she is not a legal
heir of Ramon. Hans and Gretel are not
entitled to inherit from Ramon, because
they are barred by Art. 992 NCC. Being
illegitimate children of Larry, they
Legitime; Compulsory Heirs (2008)
cannot inherit from the legitimate

relatives of their father Larry. Ramon is
a legitimate relative of Larry who is the
legitimate father.
No. XII. Ernesto, an overseas Filipino

worker, was coming home to the Philippines
after working for so many years in the
Middle East. He had saved P100.000 in his
saving account in Manila which intended to
use to start a business in his home
country. On his flight home, Ernesto had a
Legitimes; Compulsory Heirs (2012)
fatal heart attack. He left behind his

widowed mother, his common-law wife and
their twins sons. He left no will, no debts,
no other relatives and no other properties
except the money in his saving account.
Who are the heirs entitled to inherint from

him and how much should each receive?
(3%)
The mother and twin sons are entitled to
inherit from Ernesto. Art. 991 of the
SUGGESTED ANSWER:
Civil Code, provides that if legitimate
Page 53 of 180
page, but this only contained the notarial

acknowledgement.
ascendants are left, the twin sons shall

divide the inheritance with them taking
one-half of the estate. Thus, the widowed
mother gets P50,000.00 while the twin
sons shall receive P25,000.00 each. The
The attestation clause stated the will was

signed on the same occasion by Arthur and
his instrumental witnesses who all signed
common-law wife cannot inherit from
in the presence of each other, and the
him because when the law speaks "widow
notary public who notarized the will. There
or widower" as a compulsory heir, the
are no marginal signatures or pagination
law refers to a legitimate spouse (Art.

887, par 3, Civil Code).
appearing on any of the 3 pages. Upon his

death, it was discovered that apart from the
house and lot, he had a P 1 million account
deposited with ABC bank.
(A). Was Erica preterited? (1%)
Preterition; Disinheritance (2008)
SUGGESTED ANSWER:
No.X. Arthur executed a will which contained
Erica cannot be preterited. Art. 854 of
only: (i) a provision disinheriting his daughter

Bernica for running off with a married man,
and (ii) a provision disposing of his share in
the family house and lot in favor of his other
the Civil Code provides that only

compulsory heirs in the direct line can
be preterited.
children Connie and Dora. He did not make

any provisions in favor of his wife Erica,
because as the will stated, she would anyway
(B). What other defects of the will, if any,
get of the house and lot as her conjugal
can cause denial of probate? (2%)
share. The will was very brief and

straightforward and both the above provisions
were contained in page 1, which Arthur and
his instrumental witness, signed at the
SUGGESTED ANSWER:
bottom. Page 2 contained the attestation

clause and the signatures, at the bottom
thereof, of the 3 instrumental witnesses
which included Lambert, the driver of Arthur;
Yoly, the family cook, and Attorney Zorba, the
The other defects of the will that can
lawyer who prepared the will. There was a 3rd
cause its denial are as follows: (a) Atty.
Zorba, the one who prepared the will was
pages upon which the will is written;
one of the three witnesses, violating the
and, (d) no pagination appearing
three-witnesses rule; (b) no marginal
correlatively in letters on the upper part
signature at the last page; (c ) the
of the three pages (Azuela v. C.A., G.R.
attestation did not state the number of
Page 54 of 180
abandoned hut in Cavite. Marian and Pietro

were hacked with bolos. Marian and the
baby delivered were both found dead, with
No. 122880, 12 Apr 2006 and cited cases
therein, Art 805 and 806, Civil Code).
the baby's umbilical cord already cut. Pietro

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

(B). Between Marian and the baby, who is
presumed to have died ahead? (1%)
SUGGESTED ANSWER:
SUGGESTED ANSWER:
Yes, the disinheritance was valid. Art.

919, par 7, Civil Code provides that
"when a child or descendant leads a
Marian is presumed to have died ahead
dishonorable or disgraceful life, like
of the baby. Art. 43 applies to persons
running off with a married man, there is
who are called to succeed each other.
sufficient cause for disinheritance."
The proof of death must be established

by positive or circumstantial evidence
derived from facts. It can never be
established from mere inference. In the
present case, it is very clear that only
Marian and Pietro were hacked with
bolos. There was no showing that the
Succession; Proof of Death between

persons called to succeed each other
(2008)
No. II. At age 18, Marian found out that she
baby was also hacked to death. The

baby's death could have been due to lack
of nutrition.
ALTERNATIVE ANSWER:
was pregnant. She insured her own life and

named her unborn child as her sole
beneficiary. When she was already due to
give birth, she and her boyfriend Pietro, the
father of her unboarn child, were
kidnapped in a resort in Bataan where they
were vacationing. The military gave chase
and after one week, they were found in an
The baby is presumed to have died ahead

of Marian. Under Par. 5, rule 131, Sec. 5
(KK) of the Rules of Court, if one is
under 15 or above 60 and the age of the
other is in between 15 and 60, the latter
or maybe 19 years of age when she gave
is presumed to have survived. In the
birth.
instant case, Marian was already 18

when she found out that she was
pregnant. She could be of the same age
(C). Will Pietro, as surviving biological

father of the baby, be entitled to claim the
Page 55 of 180
Marilyn is now claiming for herself and her

proceeds of the life insurance on the life of
Marian? (2%)
children her husbands share in the estate

left by Dr. Lopez, and her husbands share
in the proceeds of Dr. Lopezs life insurance
policy. Rule on the validity of Marilyns
SUGGESTED ANSWER:
claims with reasons. (4%)
SUGGESTED ANSWER :
Pietro, as the biological father of the
baby, shall be entitled to claim the
proceeds of life insurance of the Marian
because he is a compulsory heir of his
As to the Estate of Dr. Lopez:
child.
Marilyn is not entitled to a share in the

Succession; Rule on Survivorship (2009)
estate of Dr. Lopez. For purpose of

succession, Dr. Lopez and his son
Roberto are presumed to have died at
the same time, there being no evidence
to prove otherwise, and there shall be no
No. II. Dr. Lopez, a 70-year old widower, and

his son Roberto both died in a fire that
gutted their home while they were sleeping
transmission of rights from one to the

other (Article 43, NCC). Hence, Roberto,
inherited nothing from his father that
in their air-conditioned rooms. Robertos
Marilyn would in turn inherit from
wife, Marilyn, and their two children were
Roberto .The children of Roberto,
spared because they were in the province at
however, will succeed their grandfather,
the time. Dr. Lopez left an estate worth
Dr. Lopez ,in representation of their
P20M and a life insurance policy in the

amount of P1M with his three children ---
father Roberto and together Roberto will

receive 1/3 of the estate of Dr. Lopez
since their father Roberto was one of the
one of whom is Roberto --- as beneficiaries.
three children of Dr. Lopez . Marilyn

cannot represent her husband Roberto
because the right is not given by the law
Since succession is not involved as
to a surviving spouse.
regards the insurance contract, the

provisions of the Rules of Court (Rule
131, Sec. 3 , [jj] [5] ) on survivorship
shall apply. Under the Rules, Dr. Lopez,
As to the proceeds of the insurance on

the life of Dr. Lopez:
who was 70 years old, is presumed to

have died ahead of Roberto who is
presumably between the ages 15 and 60.
Having survived the insured, Roberto's
right as a beneficiary became vested
Page 56 of 180
unaltered form of the will should be given

effect. Whose claim should be granted?
Explain. (5%)
upon the death of Dr. Lopez. When
Roberto died after Dr. Lopez, his right to
receive the insurance became part of his
SUGGESTED ANSWER:
hereditary estate, which in turn was

inherited in equal shares by his legal
heirs, namely, his spouse and children.
It depends. If the cancellation of Rosas
Therefore, Roberto's children and his
name in the will was done by the
spouse are entitled to Roberto's one-
testator himself, Rosas claimed that the
third share in the insurance proceeds.
holographic will in its original tenor
should be given effect must be denied.

The said cancellation has revoked the
entire will as nothing remains of the will
after the name of Rosa was cancelled.
Such cancellation is valid revocation of
the will and does not require
Wills; Holographic Wills; Insertions &
authentication by the full signature of

the testator to be effective.
Cancellations (2012)
However, if the cancellation of Rosas
name was not done by the testator
himself, such cancellation shall not be
No.VII.a) Natividads holographic will, which
had only one (1) substantial provision, as
first written, named Rosa as her sole heir.
However, when Gregorio presented it for
effective and the will in its original tenor

shall remain valid. The effectively of the
holographic will cannot be left to the
mercy of unscrupulous third parties.
probate, it already contained an alteration,

naming Gregorio, instead of Rosa, as sole
heir, but without authentication by
The writing of Gregorios name as sole

heir was ineffective, even though written
by the testator himself, because such is
Natividads signature. Rosa opposes the

probate alleging such lack of proper
authentication. She claims that the
an alteration that requires

authentication by the full signature of
the testator to be valid and effective. Not
having an authenticated, the designation

of Gregorio as an heir was ineffective,
(Kalaw v. Relova, G.R. No. L-40207, Sept
Wills; Holographic Wills; Probate (2009)
28, 1984).
No.VI. On December 1, 2000, Dr. Juanito

Fuentes executed a holographic will,
wherein he gave nothing to his recognized
illegitimate son, Jay. Dr. Fuentes left for the
Page 57 of 180
Fuentes executed his will in accordance

with the Philippine law, the Philippine
United States, passed the New York medical
licensure examinations, resided therein,
and became a naturalized American citizen.
He died in New York in 2007. The laws of
court shall apply the New Civil Code in
New York do not recognize holographic wills
determining the formal validity of the
or compulsory heirs.
holographic will. The subsequent change

in the citizenship of Dr. Fuentes did not
affect the law governing the validity of
(A). Can the holographic will of Dr. Fuentes
his will. Under the new Civil Code, which
be admitted to probate in the Philippines?
was the law used by Dr. Fuentes, the law
Why or why not? (3%)
enforced at the time of execution of the

will shall govern the formal validity of
SUGGESTED ANSWER:
the will (Art. 795, NCC).
(B). Assuming that the will is probated in

Yes, the holographic will of Dr. Fuentes
the Philippines, can Jay validly insist that
may be admitted to probate in the
he be given his legitime? Why or why not?
Philippines because there is no public
(3%)
policy violated by such probate. The only

issue at probate is the due execution of
the will which includes the formal
SUGGESTED ANSWER:
validity of the will. As regards formal

validity, the only issue the court will
resolve at probate is whether or not the
No, Jay cannot insist because under New
will was executed in accordance with the
York law he is not a compulsory heir
form prescribed by the law observed by
entitled to a legitime.
the testator in the execution of his will.

For purposes of probate in the
Philippines, an alien testator may
The national law of the testator
observe the law of the place where the
determines who his heirs are, the order
will was executed (Art 17, NCC), or the
that they succeed, how much their
formalities of the law of the place where
successional rights are, and whether or
he resides, or according to the
not a testamentary disposition in his will
formalities of the law of his own country,
is valid (Art 16, NCC). Since, Dr. Fuentes
or in accordance with the Philippine
was a US citizen, the laws of the New
Civil Code (Art. 816, NCC). Since Dr.
York determines who his heirs are. And

since the New York law does not
recognize the concept of compulsory
heirs, Jay is not a compulsory heir of Dr.

Fuentes entitled to a legitime.
Page 58 of 180
(B). Are the testamentary dispositions

Wills; Joint Wills (2008)
No. XI. John and Paula, British citizens at
valid? (2%)
SUGGESTED ANSWER:
birth, acquired Philippine citizenship by

naturalization after their marriage. During
their marriage the couple acquired
substanial landholdings in London and in
Makati. Paula bore John three children,
Peter, Paul and Mary. In one of their trips to
London, the couple executed a joint will
appointing each other as their heirs and
providing that upon the death of the
survivor between them the entire estate
would go to Peter and Paul only but the two
No. The testamentary dispositions are

not valid because (a) omission of Mary, a
legitimate child, is tantamount to
preterition which shall annul the
institution of Peter and Paul as heirs
(Art. 854, Civil Code); and, (b) the
disposition that Peter and Paul could not
could not dispose of nor divide the London
dispose of nor divide the London estate
estate as long as they live. John and Paul
for more than 20 years is void (Art. 870,
died tragically in the London Subway
Civil Code).
terrorist attack in 2005. Peter and Paul filed

a petition for probate of their parent's will
before a Makati Regional Trial Court.
(A). Should the will be admitted to probate?

(2%)
Wills; Joint Wills; Probate (2012)
SUGGESTED ANSWER:
No.VII.b) John Sagun and Maria Carla

Camua, British citizens at birth, acquired
No. The will cannot be admitted to
probate because a joint will is expressly
prohibited under Art. 818 of the Civil
Code. This provision applies John and
Paula became Filipino citizens after
their marriage.
Philippine citizenship by naturalization

after their marriage. During their marriage,
the couple acquired substantial
landholdings in London and in Makati.
Maria begot three (3) children, Jorge,
Luisito, and Joshur. In one of their trips to
London estate as long as they live. John
and Maria died tragically in the London
survivor between them, the entire estate
subway terrorist attack in 2005. Jorge and
would go to Jorge and Luisito only but the
Luisito filed a petition for probate of their
two (2) could not dispose of nor divide the
parents will before a Makati Regional Trial
Page 59 of 180
totally excluded from the inheritance of

his parents.
Court. Joshur vehemently objected because
he was preterited.
(3) Is the testamentary prohibition against

the division of the London estate valid?
Explain. (1%)
(1) Should the will be admitted to probate?

Explain. (2%)
SUGGESTED ANSWER:
No, the will should not be admitted to

probate. Since the couples are both
Filipino citizens, Art 818 and 819 of the
NCC shall apply. Said articles prohibits
the execution of joint wills and make
them void, even though authorized of
the country where they were executed.
SUGGESTED ANSWER:
Assuming the will of John and Maria was

valid, the testamentary prohibition on the
division of the London estate shall be valid
but only for 20 years. Under Arts 1083 and
494 of the NCC, a testamentary disposition
of the testator cannot forbid the partition of
all or part of the estate for a period longer
than twenty (20) years.
(2) Are the testamentary dispositions valid?

Explain. (2%)
SUGGESTED ANSWER:
Wills; Prohibition to Partition of a CoOwned Property (2010)
Since the joint will is void, all the

testamentary disposition written therein
are also void. However, if the will is
valid, the institutions of the heirs shall
be annulled because Joshur was
preterited. He was preterited because he
will receive nothing from the will, will
receive nothing in testacy, and the facts
do not show that he received anything as
an advance on his inheritance. He was
No.I. True or False.
(B) X, a widower, died leaving a will stating
FALSE, The other three co heirs may
that the house and lot where he lived
not anytime demand the partition of the
cannot be partitioned for as long as the

youngest of his four children desires to stay
there. As coheirs and co-owners, the other
three may demand partition anytime. (1%)
house and lot since it was expressly

provided by the decedent in his will that
the same cannot be partitioned while his
youngest child desires to stay there.
Article 1083 of the New Civil Code allows
SUGGESTED ANSWER:
a decedent to prohibit, by will, the

partition of a property and his estate for
a period not longer than 20 years no
Page 60 of 180
Assuming that he is of legal age (Art.

797, Civil Code) and of sound mind at
the time of execution of the will (Art.
matter what his reason maybe. Hence,
798, Civil Code), Stevie, a blind person,
the three co-heir cannot demand its
can make a notarial will, subject to
partition at anytime but only after 20
compliance with the "two-reading rule"
years from the death of their father.
(Art. 808, Civil Code) and the provisions
Even if the deceased parent did not leave
of Arts. 804, 805 and 806 of the Civil
a will, if the house and lot constituted
Code.
their family home, Article 159 of the

Family Code prohibits its partition for a
period of ten (10) years, or for as long as
there is a minor beneficiary living in the
family home.
(B). Act as a witness to a will? (1%)
SUGGESTED ANSWER:
Wills; Notarial Wills; Blind Testator;
Stevie cannot be a witness to a will. Art.

820 of the Civil Code provides that "any
person of sound mind and of the age of
Requisites (2008)
eighteen years or more, and not blind,

deaf or dumb, and able to read and write,
may be a witness to the execution of a
will.
No. XIV. Stevie was born blind. He went to

school for the blind, and learned to read in
Baille Language. He Speaks English
fluently. Can he:
(A). Make a will? (1%)
SUGGESTED ANSWER:
(C). In either of the above instances, must

the will be read to him? (1%)
SUGGESTED ANSWER:
If Stevie makes a will, the will must be

read to him twice, once by one of the
subscribing witnesses, and again, by the
notary public before whom the will is

acknowledged (Art. 808, Civil Code).
No. XI. John and Paula, British citizens at

birth, acquired Philippine citizenship by
naturalization after their marriage. During
their marriage the couple acquired
substanial landholdings in London and in
Makati. Paula bore John three children,
Peter, Paul and Mary. In one of their trips to
Wills; Testamentary Disposition; Period

to Prohibit Partition (2008)

Page 61 of 180
No.VI. Clara, thinking of her mortality,

drafted a will and asked Roberta, Hannah,
Luisa and Benjamin to be witnesses.
survivor between them the entire estate
would go to Peter and Paul only but the two
could not dispose of nor divide the London
During the day of signing of her will, Clara

fell down the stairs and broke her arms.
Coming from the hospital, Clara insisted on
signing her will by thumb mark and said
estate as long as they live. John and Paul

died tragically in the London Subway
terrorist attack in 2005. Peter and Paul filed
a petition for probate of their parent's will
before a Makati Regional Trial Court.
that she can sign her full name later. While

the will was being signed, Roberta
experienced a stomach ache and kept going
(C). Is the testamentary prohibition against

the division of the London estate valid? (2%)
to the restroom for long periods of time.

Hannah, while waiting for her turn to sign
the will, was reading the 7
th
Harry Potter
book on the couch, beside the table on

SUGGESTED ANSWER:
which everyone was signing. Benjamin,

aside from witnessing the will, also offered
to notarize it. A week after, Clara was run
over by a drunk driver while crossing the
street in Greenbelt.
No. the testamentary prohibition against

the division of the London estate is void
(Art. 870, Civil Code). A testator,
however, may prohibit partition for a
May the will of Clara be admitted to

probate? Give your reasons briefly. (10%)
period which shall not exceed twenty

(20) years (Art. 870 in relation to Art.
494, par 3, Civil Code).
SUGGESTED ANSWER:
Probate should be denied. The

requirement that the testator and at
least three (3) witnesses must sign all in
Wills; Witnesses to a Will, Presence
required; Thumbmark as Signature
(2007)
the "presence" of one another was not

complied with. Benjamin who notarized
the will is disqualified as a witness,
hence he cannot be counted as one of
the three witnesses (Cruz v. Villasor, 54
SCRA 31, 1973). The testatrix and the
other witnesses signed the will not in
the other witnesses sign the will by
the presence of Roberta because she was
merely casting her eyes in the proper
in the restroom for extended periods of
direction (Jaboneta v. Gustilo, 5 Phil
time. Inside the restroom, Roberta could
541, 1906; Nera v. Rimando, 18 Phil
not have possibly seen the testatrix and
Page 62 of 180
No. VIII. In 1986, Jennifer and Brad were

madly in love. In 1989, because a certain
Picasso painting reminded Brad of her,
451, 1914). Therefore, the testatrix
signed the will in the presence of only
two witnesses, and only two witnesses
signed the will in the presence of the
Jennifer acquired it and placed it in his

bedroom. In 1990, Brad and Jennifer broke
up. While Brad was mending his broken
heart, he met Angie and fell in love.
testatrix and of one another.
It is to be noted, however, that the
Because the Picasso painting reminded
thumb mark intended by the testator to
Angie of him, Brad in his will bequeathed
be his signature in executing his last will

and testament is valid (Payad v.
Tolentino, 62 Phil 848, 1936; Matias v.
Salud, L-104 Phil 1046, 23 June, 1958).
The problem, however, states that Clara
"said that she can sign her full name
later;" Hence, she did not consider her
the painting to Angie. Brad died in 1995.

Saddened by Brad's death, Jennifer asked
for the Picasso painting as a remembrance
of him. Angie refused and claimed that
Brad, in his will, bequeathed the painting
to her. Is Angie correct? Why or why not?
(10%)
thumb mark as her "complete" signature,

and intended further action on her part.
The testatrix and the other witness
SUGGESTED ANSWER:
signed the will in the presence of

Hannah, because she was aware of her
function and role as witness and was in a
position to see the testatrix and the
other witnesses sign by merely casting
her eyes in the proper direction.
NO. Angie is not correct. The Picasso

painting is not given or donated by
Jennifer to Brad. She merely "placed it
in his bedroom." Hence, she is still the
owner of the painting. Not being the
Donation
owner of the Picasso painting, Brad

cannot validly bequeath the same to
Angie (Art. 930, NCC). Even assuming
that the painting was impliedly given or
donated by Jennifer to Brad, the
Donations; Formalities; In Writing (2007)
donation is nevertheless void for not

being in writing. The Picasso painting
must be worth more than 5,000 pesos.
Under Art. 748, NCC, the donation and
acceptance of a movable worth more
than 5,000 pesos must be in writing,
otherwise the donation is void. The

donation being void, Jennifer remained
the owner of the Picasso painting and
ALTERNATIVE ANSWER:
Brad could not have validly disposed of

said painting in favor of Angie in his will.
Page 63 of 180
(B). Illegal and impossible conditions in a

simple donation v. illegal and impossible
conditions in an onerous donation. (5%)
YES. Angie is correct. Even assuming
that there was void donation because the
same was not in writing, Brad was in
SUGGESTED ANSWER:
uninterrupted possession of the Picasso

painting from 1989 to 1995, lasting for
six (6) years prior to his death. Brad has
already acquired ownership of the
painting through acquisitive
prescription. Under Art. 1132, NCC,
ownership of movables prescribes
through continuous possession for four
Illegal and impossible conditions in a

simple donation are considered as not
written. Such conditions, shall therefore,
be disregarded but the donation remains
valid (Art. 727, NCC). On the other hand,
(4) years in good faith and for eight (8)

years without need of other conditions.
A void donation may be the basis of
illegal and impossible donations imposed
possession in the concept of owner and
in an onerous donation shall annul the
of just title for purposes of acquisitive
donation (Art. 1183, NCC). This is so,
prescription.
because onerous donations are governed

by the law on contracts (Art. 733, NCC).
Donations;
Illegal &
Impossible
Donation; Inter Vivos (2013)
Conditions (2007)
No.I. Distinguish the following concepts:
No.V. Josefa executed a deed of donation

covering a one-hectare rice land in favor of
her daughter, Jennifer. The deed specifically
provides that:
"For and in consideration of her love and
declaration by Josefa and Jennifer that the
service Jennifer has shown and given to me,
land will remain in Josefa's possession and
I hereby freely, voluntarily and irrevocably
cannot be alienated, encumbered, sold or
donate to her my one-hectare rice land
disposed of while Josefa is still alive.
covered by TCT No. 11550, located in San

Fernando, Pampanga. This donation shall
take effect upon my death."
Advise Jennifer on whether the deed is a

donation inter vivos or mortis causa and
explain the reasons supporting your advice.
The deed also contained Jennifer's signed
(8%)
acceptance, and an attached notarized
Page 64 of 180
donation which state that the same will

only take effect upon the death of the
donor and that there is a prohibition to
SUGGESTED ANSWER:
alienate, encumber, dispose, or sell the
The donation is a donation inter vivos.

same should be harmonized with its
express irrevocability (Austria-Magat v.
CA, G.R. No. 106755, Feb 1, 2002).
When the donor intends that the
donation shall take effect during the
lifetime of the donor, though the
ALTERNATIVE ANSWER:
property shall not be delivered till after

the donors death, this shall be a
donation inter vivos (Art. 729, Civil
The donation is donation mortis causa.
Code).
The Civil Code prefers inter vivos

transmissions. Moreover, mortis causa
donations should follow the formalities of a
will (Art. 728, Civil Code). Here there is no
showing that such formalities were
followed. Thus, it is favorable to Jennifer
that the deed is a donation inter vivos.
The deed clearly states that the donation

shall take effect upon the death of the
donor, Josefa. The donor, moreover,
retained ownership of the subject
property as it was declared that the
property cannot be alienated,
encumbered, sold or disposed of while
the donor is still alive.
Furthermore, what is most significant in

determining the type of donation is the
absence of stipulation that the donor
As the donation is in the nature of a
could revoke the donation; on the
mortis causa disposition, the formalities
contrary, the deeds expressly declare
of a will should have been complied with
them to be irrevocable, a quality
under Art. 728 of the Civil Code,
absolutely incompatible with the idea of
otherwise, the donation is void and
conveyances mortis causa where
would produce no effect (The National
revocability is the essence of the act, to
Treasure of the Philippines v. Vda. de
the extent that a testator cannot
Meimban, G.R. No. L-61023, Aug 22,
lawfully waive or restrict his right of
1984).
revocation. The provisions of the deed of
Property
No. IX. The properties of Jessica and Jenny,
who are neighbors, lie along the banks of
the Marikina River. At certain times of the
Accretion; Alluvium (2008)
year, the river would swell and as the water

recedes, soil, rocks and other materials are
Page 65 of 180
not formed solely by the natural effect of

the water current of the river bordering
deposited on Jessica's and Jenny's
properties. This pattern of the river
swelling, receding and depositing soil and
other materials being deposited on the
land but is also the consequences of the
neighbors' properties have gone on for
direct and deliberate intervention of
many years. Knowing his pattern, Jessica
man, it is man-made accretion and a
constructed a concrete barrier about 2
part of the public domain (Tiongco v.
meters from her property line and

extending towards the river, so that when
the water recedes, soil and other materials
are trapped within this barrier. After several
years, the area between Jessica's property
line to the concrete barrier was completely
filled with soil, effectively increasing
Jessica's property by 2 meters. Jenny's
Director of Lands, 16 C.A. Rep 211, cited

in Nazareno v. C.A., G.R. No. 98045, 26
June 1996). Thus, Jessica cannot legally
claim ownership of the additional 2
meters of land along her property
because she constructed a concrete
barrier about 2 meters from her property
property, where no barrier was constructed,
causing deposits of soil and other
also increased by one meter along the side
materials when the water recedes. In
of the river.
other words, the increase in her property

was not caused by nature but was manmade.
(A). Can Jessica and Jenny legally claim

ownership over the additional 2 meters and
one meter, respectively, of land deposited
along their properties?(2%)
(B). If Jessica's and Jenny's properties are

registered, will the benefit of such
registration extend to the increased area of
their properties? (2%)
SUGGESTED ANSWER:
SUGGESTED ANSWER:
Only Jenny can claim ownership over

the additional one meter of land
deposited along her property. Art. 457 of
If the properties of Jessica and Jenny
the Civil Code provides that "to the
are registered, the benefit of such
owners of lands adjoining the banks of
registration does not extend to the
river belong the accretion which they
increased area of their properties.
gradually receive from the effects of the
Accretion does not automatically
current of the water." Where the land is
become registered land because there is

a specific technical description of the lot
in its Torrens title. There must be a
System (Grande v. CA, G.R. No. L-17652,
separate application for registration of
30 June, 1962).
the alluvial deposits under the Torrens
Page 66 of 180
Ulpiano and his family as farmworkers

therein. Over the years, the river has
brought silt and sediment from its sources
(C). Assume the two properties are on a cliff
adjoining the shore of Laguna Lake. Jessica
and Jenny had a hotel built on the
up in the mountains and forests so that

gradually the land owned by Marciano
increased in area by three hectares.
properties. They had the erath and rocks

excavated from the properties dumped on
the adjoining shore, giving rise to a new
patch of dry land. Can they validly lay claim
to the patch of land? (2%)
Ulpiano built three huts on this additional

area, where he and his two married
children live. On this same area, Ulpiano
SUGGESTED ANSWER:
and his family planted peanuts, monggo

beans and vegetables. Ulpiano also
regularly paid taxes on the land, as shown
by tax declarations, for over thirty years.
No. Jessica and Jenny cannot validly lay

claim to the patch of land because in
order to acquire land by accretion, there
should be a natural and actual
continuity of the accretion to the land of
the riparian owner caused by natural ebb
and flow of the current of the river
When Marciano learned of the increase in

the size of the land, he ordered Ulpiano to
demolish the huts, and demanded that he
be paid his share in the proceeds of the
harvest. Marciano claims that under the
Civil Code, the alluvium belongs to him as a
registered riparian owner to whose land the
(Delgado v. Samonte, CA-G.R. No. 34979-
accretion attaches, and that his right is
R, 10 Aug 1966).
enforceable against the whole world.
(A). Is Marciano correct? Explain. (3%)
SUGGESTED ANSWER:
Accretion; Rights of the Riparian Owner
(2009)
Marcianos contention is correct. Since

that accretion was deposited on his land
No.XVI. Marciano is the owner of a parcel of

land through which a river runs out into
the sea. The land had been brought under
the Torrens System, and is cultivated by
by the action of the waters of the river

and he did not construct any structure
to increase the deposition of soil and
silt, Marciano automatically owns the
accretion. His real right of ownership is
enforceable against the whole world
deposited through accretion was not
including Ulpiano and his two married
automatically registered. As an
children. Although Marcianos land is
unregistered land, it is subject to
registered, the three (3) hectares land
acquisitive prescription by third persons.
Page 67 of 180
he has the right to deduct from the

value of the fruits the expenses for
Although Ulpiano and his children live in

the three (3) hectare unregistered land
production, gathering and preservation

of the fruits (Art 443, NCC).
owned by Marciano, they are farm

workers; therefore, they are possessors
not in the concept of owners but in the
concept of mere holders. Even if they
possess the land for more than 30 years,
they cannot become the owners thereof
through extraordinary acquisitive
prescription, because the law requires
possession in the concept of the owner.
He may also ask for reimbursement of

the taxes he has paid, as these are
charges on the land owned by Marciano.
This obligation is based on a quasicontract (Art 2175, NCC).
Payment of taxes and tax declaration are

not enough to make their possession one
in the concept of owner. They must
repudiate the possession in the concept
of holder by executing unequivocal acts
of repudiation amounting to ouster of
Marciano, known to Marciano and must
Builder; Good Faith; Requisites (2013)
be proven by clear and convincing

evidence. Only then would his
possession become adverse.
No.VIII. Ciriaco Realty Corporation (CRC)
sold to the spouses Del a Cruz a500-square
(B). What rights, if any, does Ulpiano have
meter land (Lot A) in Paranaque. The land
against Marciano? Explain. (3%)
now has a fair market value of Pl,200,000.

CRC likewise sold to the spouses Rodriguez,
a 700-square meter land (Lot B) which is
SUGGESTED ANSWER:
Although Ulpiano is a possessor in bad

faith, because he knew he does not own
the land, he will lose the three huts he
built in bad faith and make an
accounting of the fruits he has gathered,
adjacent to Lot A. Lot B has a present fair

market value of P1,500,000.
The spouses Dela Cruz constructed a house

on Lot B, relying on their presentation of
the CRC sales agent that it is the property
they purchased. Only upon the completion
of their house did the spouses Dela Cruz

discovered that they had built on Lot B
owned by the spouses Rodriguez, not on Lot
A that they purchased. They spent P 1
000,000 for the house.
As their lawyer, advise the spouses Dela

Cruz on their rights and obligations under
the given circumstances, and the recourses
Page 68 of 180
to appropriate as his own the works after

payment of the indemnity provided for
in Art 546 and 548, or
and options open to them to protect their
interests. (8%)
to oblige the one who built to pay the
SUGGESTED ANSWER:
Based on the fact as stated, the spouses

Dela Cruz as builders and the spouses
Rodriguez as land owners, are both in
good faith. The spouses Dela Cruz are
builder in good faith because before
constructing the house they exercised
due diligence by asking the Agent of CRC
the location of the lot A, and they relied
price of the land.
However, the builder cannot be obliged

to buy the land if its value is
considerable more than that of the
building.. In such case, he shall pay
reasonable rent of the owner of the land
does not choose to appropriate the
building or trees after proper indemnity
(Art 448, Civil Code).
on the information given by the agent

who is presumed to know the identity of
the lot purchased by the Dela Cruz
spouses (Pleasantville v. CA, 253 SCRA
10, 1996). On the other hand, there is no
showing that the land owners, spouse
Rodriguez acted in bad faith. The facts
do not show that the building was done
with their knowledge and without
opposition on their part (Art 453, Civil
Code). The good faith is always presumed
(Art. 527, Civil Code).
The house constructed by the spouses

Dela Cruz is considered as a useful
expense, since it increased the value of
the lot. As such, should the spouses
Rodriguez decides to appropriate the
house, the spouses Dela Cruz are
entitled to the right of retention pending
reimbursement of the expenses they
incurred or the increase in value which
the thing may have acquired by reason of
the improvement (Art 546, Civil Code).
Thus, the spouses Dela Cruz may
The owner of the land on which anything

has been built, sown, or planted in good
faith shall have the right:
demand P1,000,000.00 as payment of

the expenses in building the house or
increase in value of the land because of
the house as a useful improvement, as
may be determined by the court form
the evidence presented during the trial
(Depra v. Dumlao, 136 SCRA 475, 1985;
Technogas Phils v. CA, 268 SCRA 5,

1997).
Page 69 of 180
Easement;
Prescription;
Acquisitive
No.VII.In 2005, Andres built a residential
Prescription (2009)
house on a lot whose only access to the

national highway was a pathway crossing
Brando's property. Andres and others have
been using this pathway (pathway A) since
1980.

In 2006, Brand0 fenced off his property,

thereby blocking Andres' access to the
national highway. Andres demanded that
(C). Acquisitive prescription of a negative
part of the fence be removed to maintain
easement runs from the time the owner of
his old access route to the highway
the dominant estate forbids, in a notarized
(pathway A), but Brando refused, claiming
document, the owner of the servient estate
that there was another available pathway
from executing an act which would be
(pathway B) for ingress and egress to the
lawful without the easement. (1%)
highway. Andres countered that pathway B

has defects, is circuitous, and is extremely
inconvenient to use.
SUGGESTED ANSWER:
To settle their dispute, Andres and Brando
True. In negative easements, acquisitive
prescription runs from the moment the
owner of the dominant estate forbade, by
an instrument acknowledged before
notary public, the owner of the servient
estate from executing an act which
hired Damian, a geodetic and civil engineer,

to survey and examine the two pathways
and the surrounding areas, and to
determine the shortest and the least
prejudicial way through the servient
estates. After the survey, the engineer
concluded that pathway B is the longer
would be lawful without the easement
route and will need improvements and
(Art. 621, NCC).
repairs, but will not significantly affect the

use of Brando's property. On the other
hand, pathway A that had long been in
place, is the shorter route but would
significantly affect the use of Brando's
property.
In light of the engineer's findings and the
SUGGESTED ANSWER:
circumstances of the case, resolve the

parties' right of way dispute. (6%)
Page 70 of 180
The first and fourth requisites are not

Andres is not entitled to the easement of
right of way for Pathway A. Pathway B
complied with. First, there is another

available outlet to the national highway
must be used.
The owner of a dominant estate may
(Pathway B). Second, the right of way
validly obtain a compulsory right of way
obtained (Pathway A) is not the least
only after he has established the
prejudicial to Brandos property, as
existence of four requisites, to wit:
evidence by the reports of the geodetic

and civil engineer.
The (dominant) estate is surrounded by

other immovables and is without
When there is already an existing
adequate outlet to a public highway;
adequate outlet from the dominant

estate to the public highway, even if the
said outlet, for one reason or another, be
After payment of the proper indemnity;
inconvenient, the need to open up

another servitude is entirely unjustified
(Costabella Corporation v. CA, G.R. No.
The isolation was not due to the

proprietors own acts; and
80511, Jan 25, 1991). The rule that the

easement of right of way shall be
established at the point least prejudicial
to the servient estate is controlling
The right of way claimed is at a point

least prejudicial to the servient estate,
(Quimen v. Quimen and CA, G.R. No.

112331, May 29, 1996).
and insofar as consistent with this rule,

where the distance from the dominant
estate to the public highway maybe the
shortest (Art 650, civil Code).
(Note: It is not clear from the problem if there

exists an easement in favor of the lot
belonging to Andres and if Brandos lot is
burdened as a servient estate by a right of
However, the Supreme Court has

consistently ruled that in case both
criteria cannot be complied with, the
right of way shall be established at the
point least prejudicial to the servient
estate.
way as a servient estate. If there is such an

easement burdening Brandos lot, was it
created as legal easement or as a voluntary
easement. If the used pathway was only a
tolerance, then Brando may close it. Andres
must ask for the constitution of a legal
easement through Brandos lot by proving
the four requisites required by Art 649 and

65, Civil Code).
Page 71 of 180
The easement of the right of way is a

real right which attaches to, and is

inseperable from, the estate to which it
belongs.
No.XIII. Franz was the owner of Lot E which

was surrounded by four (4) lots one of
The sale of the property includes the
which Lot C he also owned. He promised

Ava that if she bought Lot E, he would give
her a right of way in Lot C.
easement or servitude, even if the deed
of sale is silent on the matter.
Convinced, Ava bought Lot E and, as
promised, Franz gave her a right of way in
Lot C.
The vendee of the property in which a
Ava cultivated Lot E and used the right of
way granted by Franz.
servitude or easement exists cannot

close or put obstructions thereon to
prevent the dominant estate from using
it.
Ava later found gainful employment abroad.

On her return after more than 10 years, the
right of way was no longer available to her
because Franz had in the meantime sold
Lot C to Julia who had it fenced.
Avas working abroad for more than ten

(10) years should not be construed as
non-user, because it cannot be implied
(A). Does Ava have a right to demand from

Julia the activation of her right of way?
Explain. (2.5%)
from the fact that she or those she left

behind to cultivate the lot no longer use
the right of way.
SUGGESTED ANSWER:
Note: Since a right of way is a
Yes. Ava has the right to demand from
Julia the activation of the right of way,
for the following reasons:
discontinuous easement, the period of

ten years of non-user, shall be computed
from the day it ceased to be used under
Act 6341 (2) CC.
(5) Renunciation or waiver of an
Yes. Ava has the right to demand from
easement must be specific, clear, express
Julia the activation of the right of way. A
and made in a public instrument in
voluntary easement of right of way, like
accordance of Art 1358 of the New Civil
any other contract, could be
Code.
extinguished only by mutual agreement

or by renunciation of the owner of the
dominant estate. Also, like any other
ALTERNATIVE ANSWER:
Page 72 of 180
ALTERNATIVE ANSWER:
contract, an easement is generally
effective between parties, their heirs and
assignees, except in case where the
rights and obligations arising from the
No. There was merely a promise to Ava
contract are not transmissible by their
that a right of way shall be granted to
nature, or by stipulations or by provision

of law (Unisource Commercial v. Chung,
593 SCRA 530 [2009]).
her in lot C if Ava purchase lot E. The
(B). Assuming Ava opts to demand a right of
way from any of the owners of Lots A, B,
and D, can she do that? Explain. (2.5%)
promise was not reduced to writing (Obra

v. Baldria, 529 SCRA 621 [2007]). Hence,
it was not or could not have been
registered as to warn buyers of lot C
about the existence of the easement on
SUGGESTED ANSWER:
the property. Not having been annotated

on the TCT to lot C, the buyer acquired
lot C free from such right of way granted
Yes. Ava has the option to demand a
to Ava.
right of way on any of the remaining lots

of Franz more so after Franz sold lot C
to Julia. The essential elements of a
legal right of way under Art 649 and 650
of the New Civil Code are complied with.
Hidden Treasure (2008)
ALTERNATIVE ANSWER:
Yes. Ava has the option to demand a

right of way from the other lots. The law
provides that whenever a piece of land
acquired by sale, exchange or partition is
surrounded by other estates of the
vendor, exchanger, or co-owner, he shall
No. VIII. Adam, a building contractor, was

engaged by Blas to construct a house on a
lot which he (Blas) owns. While digging on
the lot in order to lay down the foudation of
the house, Adam hit a very hard object. It
turned out to be the vault of the old Banco
be obliged to grant a right of way
de las Islas Filipinas. Using a detonation
without indemnity (Art 652, NCC).
device, Adam was able to open the vault

containing old notes and coins which were
in circulation during the Spanish era. While
(i). Adam, as finder;
the notes and coins are no longer legal

tender, they were valued at P100 million
because of their historical value and the
coins silver nickel content. The following
filed legal claims over the notes and coins:
(ii). Blas, as owner of the property where

they were found;
Page 73 of 180
made on the property of another, or of

the State and by chance, one-half of it
shall belong to the finder who is not a
(iii). Bank of the Philippine Islands, as
successor-in-interest of the owner of the
trespasser (Art. 438, Civil Code). In the
vault; and
(iv). The Philippine Government because of

their historical value.
present case, Adam, as finder, and Blas,

as owner of the land, are entitled to
share 50-50 in the treasure. The
government can only claim if it can
(A). Who owns the notes and coins? (4%)
establish that the notes and coins are of

interest to science or the arts, then it
must pay just price of the things found,
SUGGESTED ANSWER:
The notes and coins are no longer owned

by the Bank of the Philippine Islands,
which has either lost or abandoned the
vault and its contents, and it has not
to be divided equally between Adam and

Blas (Art. 438, Civil Code).
(B). Assuming that either or both Adam and

Blas are adjudged as owners, will the notes
and coins be deemed part of their absolute
community or conjugal partnership of gains
with their respective spouses? (2%)
taken any effort to search, locate or

recover the vault. In any case, since the
vault is in actual possession of Adam,
SUGGESTED ANSWER:
BPI may attempt, in a judicial action to

recover, to rebut the presumption of
ownership in favor of Adam and Blas
(Art. 433, Civil Code). Hidden treasure is
any hidden and unknown deposit of
money, jewelry, or other precious
objects, the lawful ownership of which
does not appear. Given the age and
importance of the items found, it would
be safe to consider the vault, notes and
coins abandoned by BPI and its
predecessor (Art. 439, Civil Code). It
belongs to the owner of the land on
which it is found. When the discovery is
If either or both Adam and Blas are

adjudged as owners, the notes and coins
shall be deemed part of their absolute
community or conjugal partnership of
gains with their respective spouses (Art.
117, par 4, FC).
No.VI. Lito obtained a loan of P1,000,000

Mortgage; Public or Private Instrument
(2013)
from Ferdie, payable within one year. To

secure payment, Lito executed a chattel
mortgage on a Toyota Avanza and a real
estate mortgage on a 200-square meter
piece of property.
Page 74 of 180
It is important to note that under Art.

(A) Would it be legally significant - from the
point of view of validity and enforceability -
1358 of the Civil Code, all the other

contracts where the amount involved
if the loan and the mortgages were in public

or private instruments? (6%)
SUGGESTED ANSWER:
exceeds Five Hundred pesos (P500.00)

must appear in writing, even in private
one. However, the requirement is not for
validity of the contract, but only for its
greater efficacy.
From the point of view of validity and

enforceability, there would be legal
significance if the mortgage was in a
public or private instrument. As for the
loan, there is no legal significance
except of interest were charged on the
loan, in which case, the charging of
interest must be in writing.
With regard to the chattel mortgage, Art.

1508, the Chattel Mortgage Law, requires
an affidavit of good faith stating that the
chattel mortgage is supposed to stand as
security of the loan; thus, for the
validity of the chattel mortgage, it must
be in a public document and recorded in
the Chattel Mortgage Register in the
A contract of loan is a real contract and

is perfected upon delivery of the object
of the obligation (Art 1934, Civil Code).
Thus, a contract of loan is valid and
enforceable even if it is neither in a
private nor in a public document.
Register of Deeds. A real estate

mortgage, under the provisions of Art.
2125 of the Civil Code, requires that in
order that a mortgage may be validly
constituted the document in which it
appears be recorded. If the instrument is
not recorded, the mortgage is
nevertheless valid and binding between
As a rule, contracts shall be obligatory in

whatever form they may have been
entered into provided all the essential
requisites for their validity are present.
With regards to its enforceability, a
contact of loan is not among those
enumerated under Art. 1403 (2) of the
Civil Code, which are covered by the
Statute of Frauds.
the parties. Hence, for validity of both

chattel and real estate mortgages, they
must appear in a public instrument. But
the purpose of enforceability, it is
submitted that the form of the contract,
whether in a public or private document,
would be immaterial (Mobil Oil v.
Diocaresa, 29 SCRA 656, 1969).
Also, under Art 1358, acts and contracts
or transmission of real rights over
which have for their object the creation
immovable property must be in a public
Page 75 of 180
Occupation is a mode of acquiring

document for greater efficacy and a real
estate mortgage is a real right over
immovable property.
dominion by the seizure of corporeal

things which have no owner, with the
intention of acquiring the ownership
thereof. It is an original mode of
acquiring ownership upon seizure of a
res nullius by the occupant who has the
intention to become the owner thereof.
Possession, on the other hand, is the
holding of the thing or an enjoyment of a
Occupation vs. Possession (2007)
No.I. Distinguish the following concepts:
right. Possession may be the real right of

possession or jus possessiones or it can
be merely the right to possess or jus
(A). Occupation v. possession. (5%)
possedendi, which are among the basic

rights of ownership. If the real right of
possession is possession in the concept
SUGGESTED ANSWER:
of owner, but subject to certain

limitations, it may ripen into full
ownership of the thing or property right
through acquisitive prescription
depending on whether it is a case of
Occupation is an original mode of
ordinary or extraordinary prescription
acquiring ownership (Art. 712, NCC).
and whether the property is movable or
Things appropriable by nature which are
immovable.
without an owner, such as animals that

are the object of hunting and fishing,
hidden treasure and abandoned
movables, are acquired by occupation
(Art. 713, NCC). However, ownership of a
piece of land cannot be acquired by
Ownership; Co-Ownership (2009)
occupation (Art. 714, NCC).
ALTERNATIVE ANSWER:


(D). The renunciation by a co-owner of his

undivided share in the co-owned property
in lieu of the performance of his obligation
SUGGESTED ANSWER:
True, Under the Civil Code, a co-owner

may renounce his share in the co-owned
to contribute to taxes and expenses for the
property in lieu of paying for his share in
preservation of the property constitutes
the taxes and expenses for the
dacion en pago. (1%)
preservation of the co-owned property.
Page 76 of 180
(A). Can Cathy lawfully ask for demolition of

Bobby's house? (3%)
In effect, there is dacion en pago
because the co-owner is discharging his
monetary obligation by paying it with his
non-monetary interest in the co-owned
SUGGESTED ANSWER:
property. The fact that he is giving up

his entire interest simply means that he
is accepting the value of his interest as
equivalent to his share in the taxes and
Yes, Cathy can lawfully ask for the
expenses of preservation.
demolition of Bobby's house. Where

there are two or more heirs, the whole
estate of the decedent, is, before
partition, owned in common by such
heirs, subject to the payment of debts of
the deceased (Art. 1078, Civil Code),
Ownership; Co-Ownership (2008)
Under the rules on co-ownership, "none

of the co-owners shall, without the
consent of the others make alterations
in the thing owned in common, even
No. VI. Alex died without a will, leaving only

an undeveloped and untitled lot in Tagiug
City. He is survived by his wife and 4
children. His wife told the children that she
is waiving her share in the property, and
though benefits for all would results

therefrom." In Cruz v. Catapang, G.R. No.
164110, 12 Feb., 2008, the Court held
that "alterations include any act of strict
dominion or ownership such as
allowed Bobby, the eldest son who was
construction of a house." In the present
about to get married, to construct his
case, of Alex is the real owner of the
house on of the lot, without however
undeveloped and untitled lot in Taguig,
obtaining the consent of his siblings. After
co-ownership is created among his wife
settlement of Alex's estate and partition

among the heirs, it was discovered that
Bobby's house was constructed on the
portion allocated to his sister, Cathy asked
Bobby to demolish his house and vacate the
portion alloted to her. In leiu of demolition,
Bobby offered to purchase from Cathy the
lot portion on which his house was
constructed. At that time, the house
constructed was valued at P350.000.
and four children over said property

upon his death. Since the construction
of the house by Bobby was done without
obtaining the consent of his siblings, the
alteration effected is illegal. Bobby is
considered to be in bad faith and as a
sanction for his conduct, he can be
compelled by Cathy to demolish or
remove the structure at his own
expense.
(B). Can Bobby legally insist on purchasing

the land? (2%)
Page 77 of 180
(A).Is the platform movable or immovable

property?
SUGGESTED ANSWER:
SUGGESTED ANSWER:
No. Bobby cannot legally insist on

purchasing the land. Being in bad faith,
The platform is an immovable property
he has no option to pay for the price of
under Art. 415 (9) NCC, which provides
the lot (Art. 450, Civil Code).
that "docks and structures which,

though floating, are intended by their
nature and object to remain at a fixed

place on a river, lake or coast." Since the
Property; Movable or Immovable (2007)
floating platform is a petroleum

operation facility, it is intended to
remain permanently where it is situated,
even if it is tethered to a ship which is
No.II. Manila Petroleum Co. owned and
anchored to the seabed.
operated a petroleum operation facility off

the coast of Manila. The facility was located
on a floating platform made of wood and
ALTERNATIVE ANSWER:
metal, upon which was permanently

attached the heavy equipment for the
petroleum operations and living quarters of
the crew. The floating platform likewise
contained a garden area, where trees,
The platform is a movable property
plants and flowers were planted. The
because it is attached to a movable
platform was tethered to a ship, the MV
property, i.e. the vessel which was
101, which was anchored to the seabed.
merely anchored to the seabed. The fact

that the vessel is merely anchored to the
sea bed only shows that it is not
Please briefly give the reason for your
intended to remain at a fixed place;
answers. (10%)
hence, it remains a movable property. If

the intention was to make the platform
stay permanent where it was moored, it
would not have been simply tethered to a

vessel but itself anchored to the seabed.
The thing and living quarters of the crew

are immovable property under Art. 415
(B). Are the equipment and living quarters

movable or immovable property?
(3) NCC, classifies as an immovable

"everything attached to an immovable in
SUGGESTED ANSWER:
a fixed manner, in such a way that it

cannot be separated therefrom without
breaking the material or deterioration of
Page 78 of 180
SUGGESTED ANSWER:
the object." Both the equipment and the
living quarters are permanently attached
to the platform which is also an
immovable. The equipment can also be
The trees, plants and flowers planted in
classified as an immovable property
the garden area of the platform are
under Art. 415 (5) NCC because such
immovable property under Art. 415 (2)
equipment are "machinery, receptacles,
NCC which classifies as an immovable
instruments or implements intended by
property "trees, plants and growing
the owner of the tenement for an
fruits, while they are attached to the
industry or works which may be carried
land or form an integral part of an
on in a building or on a piece of land and
immovable, the petroleum operation
which tend directly to meet the needs of
facility.
the industry or works." It is logically

assumed that the petroleum industry
may be carried on in a building or on a
piece of land and the platform is
ALTERNATIVE ANSWER:
analogous to a building.
ALTERNATIVE ANSWER:
The trees, plants and flowers planted in

the garden area of the platform are
movable property because they are not
permanently attached t the land and do
not form an integral part of an
The equipment and living quarters of the
immovable. The platform is not an
crew are movable properties since they
immovable property for the same reason
are attached to a platform which is also
already given in the Alternative Answer
a movable property, because it is simply
to Item (a) above.
attached to a vessel is likewise a

movable property since it was merely
anchored on the seabed only shows that
it is not intended to remain at a fixed
Land Titles and Deeds
place; hence, it remains a movable

property.
Acquisition of Lands; Sale of Real
(C). Are the trees, plants and flowers
immovable or movable property?
Property to an Alien (2009)
children, one of whom, Julian, is a

No.XIX. In 1972, Luciano de la Cruz sold to
naturalized Filipino citizen. Six years after
Chua Chung Chun, a Chinese citizen, a

parcel of land in Binondo. Chua died in
1990, leaving behind his wife and three
Chuas death, the heirs executed an

extrajudicial settlement of estate, and the
parcel of land was allocated to Julian. In
Page 79 of 180
Non-Registrable Properties (2007)

2007, Luciano filed suit to recover the land
he sold to Chua, alleging that the sale was
void because it contravened the
Constitution which prohibits the sale of
private lands to aliens. Julian moved to
dismiss the suit on grounds of pari delicto,
No.IV. (B). What properties are not

registrable? (5%)
laches and acquisitive prescription. Decide

the case with reasons. (4%)
SUGGESTED ANSWER:
The case must be dismissed. Julian, who

is a naturialized Filipino citizen and to
whom the property was allocated in a n
Supply this information.
SUGGESTED ANSWER:
The following properties are not

registrable:
extra-judicial partition of the estate, is

now the owner of the property. The
defect in ownership of the property of
(1.) Properties of the Public dominion;
Julians alien father has already been

cured by its transfer to Julian. It has
(2.) Properties for public use or public
been validated by the transfer of the
service;
property to a Filipino citizen. Hence,

there is no more violation of the
Constitution because the subject real
property is now owned by a Filipino
citizen (Halili v. CA, 287 SCRA 465,
(3.) Inalienable lands of the public

domain;
[1998]). Further, after the lapse of 35

year, laches has set in and the motion to
dismiss may be granted, for the failure of
Luciano to question the ownership of
(4.) Military installations, civil and quasipublic lands; and
Chua before its transfer of ownership to

Julian.
(5.) All lands not classified as alienable

and disposable.
canals, rivers, torrents, ports and

ALTERNATIVE ANSWER:
bridges constructed by the State, banks,

shores, roadsteads, and the like, are
incapable of private appropriation, much
less registration (Art. 420 NCC). This
includes public markets, public plazas,
(1). Properties of public dominium
municipal streets and public buildings
intended for public use, like roads,
Page 80 of 180
to the public domain, and can only be

acquired by lease if not needed by the
government for public or quasi-public
(Municipality of Antipolo v. Zapanta, 133
purposes.
SCRA 820, 1986; Martinez v. CA, 56

SCRA 647, 1974; Navera v. Quicho, 5
SCRA 454, 1962).
(7.) Lands reclaimed by the government
(2.) Lands proclaimed or classified as
forest, timberlands, mineral lands and
national parks. Under Sec 2, Art XII,
Constitution of the Philippines, these
from the sea, lakes, or other bodies of

water are disposed or acquisible only by
lease and not otherwise, under the
Public Land Act.
lands are inalienable.
(3.) Lands that are reserved by law or

Presidential proclamation for military,
civic or quasi-public purpose, Under Sec
88, Chapter XII of the Public Land Act,
Prescription; Acquisitive Prescription
such lands shall be inalienable and shall
(2008)
not be subject to occupation, entry, sale,

lease or other disposition.
No. VII. Anthony bought a piece of untitled
agricultural land from Bert. Bert, in turn,
(4.) In general, all lands of the public
domain that has not been classified as
alienable and disposable under the Public
Land Act.
acquired the property by forging carlo's

signature in a deed of sale over the
property. Carlo had been in possession of
the property for 8 years, declared it for tax
purposes, and religiously paid all taxes due
on the property. Anthony is not aware of the
(5.) Lands that form part of the seabed,
defect in Bert's title, but has been in actual

physical possession of the property from
riverbed or lakebed. These lands are not
the time he bought it from Bert, who had
susceptible to private appropriation.
never been in possession of the property for

one year.
(6.) Foreshore lands is that strip of land

that lies between the high and low water
marks and alternately wet and dry
according to the flow of the tide belong
(A). Can Anthony acquire ownership of the

property by acquisitive prescription? How
many more years does he have possess it to
acquire ownership? (2%)
Yes, Anthony can acquire ownership of

SUGGESTED ANSWER:
the property through acquisitive

prescription. In the present case,
Anthony is a buyer/possessor in good
Page 81 of 180
SUGGESTED ANSWER:
faith because he was not aware of the

defect in Bert's title (Art. 526, Civil
Code). As such, Anthony can acquire
ownership and other real rights over
immovable property through open,
continuous possession of 10 years (Art.
Yes, Carlos can appropriate only a

portion of the standing crops on the
property once he recovers possession.
Anthony being a possessor in good faith,
1134, Civil Code). Anthony needs nine
(9) more years of possession, in addition
shall have a right to a part of the
to his one (1) year of possession in good
expenses of cultivation, and to a part of
faith.
the net harvest of the standing crops,

both in proportion to the time of the
possession (Art 545, Civil Code).
(B).If Carlo is able to legally recover his

property, can he require Anthony to
account for all the fruits he has harvested
from the property while in possession? (2%)
SUGGESTED ANSWER:
If Carlo is able to legally recover his
Prescription; Judicially Foreclosed Real
Property Mortgage (2012)
property, he cannot require Anthony to

account for all the fruits harvested from
the property. Anthony is entitled to the
fruits harvested in good faith before his
possession was legally interrupted (Art.
544, Civil Code).
(C).If there are standing crops on the

property when Carlo recovers possession,
can Carlo appropriate them? (2%)
No.IX.a) Does the right to request for the

issuance of a writ of possession over a
foreclosed real property prescribe in five (5)
years? (5%)
SUGGESTED ANSWER:
Yes, it prescribes in five (5) years. If the
bidder within five (5) years after the
real property mortgaged is judicially
judgment of foreclosure. The writ of
foreclosed, the action for judicial
possession is an order commanding the
foreclosure should be filed within a
sheriff to place a person named therein
period of ten (10) years. The request for
in possession of real property (BPI v.
issuance of a writ of possession should
Icot. G.R. No. 168081, Oct 12, 2009).
be filed upon motion of the winning
Page 82 of 180
Purchaser in Good Faith; Mortgaged
of Deeds under Act. 3344 and obtained a

tax declaration in its name.
Property (2008)
(A). Was Dehlma a purchaser in good faith?

(2%)
No. XIX. Juliet offered to sell her house and

lot, together with all the furniture and
SUGGESTED ANSWER:
appliances therein to Dehlma. Before

agreeing to purchase the property, Dehlma
went to the Register of Deeds to verify
Juliet's title. She discovered that while the
property was registered in Juliet's name
under the Land Registration Act, as
amended by the Property Registration
Decree, it property, Dehlma told Juliet to
redeem the property from Elaine, and gave
her an advance payment to be used for
purposes of realesing the mortgage on the
property. When the mortgage was released,
Yes, Dehlma is a purchaser in good faith.

In the present case, before Dehlma
bought the property, she went to the
Register of Deeds to verify Juliet's title.
When she discovered that the property
was mortgaged to Elaine, she gave an
advance payment so that Juliet could
release the mortgage. It was only after
Juliet executed a Deed of Absolute Sale over
the mortgage was released and free from
the property which was duly registered with
the claims of other persons that Dehlma
the Registry of Deeds, and a new TCT was
bought the property. Thus, Dehlma is a
issued in Dehlma's name. Dehlma
purchaser in good faith (Mathay v. CA,
immediately took possession over the house

and lot and the movables therein.
G.R. No. 115788, 17 Sept, 1998).
Thereafter, Dehlma went to theAssessor's

Office to get a new tax declaration under
her name. She was surprised to find out
that the property was already declared for
(B). Who as between Dehlma and XYZ Bank

has a better right to the house and lot? (2%)
tax purposes in the name of XYZ Bank

which had foreclosed the mortgage on the
property before it was sold to her. XYZ Bank
SUGGESTED ANSWER:
was also the purchaser in the foreclosure

sale of the property. At that time, the
property was still unregistered but XYZ
Bank registered the Sheriff's Deed of
Conveyance in the day book of the Register
Between Dehlma and XYZ Bank, Dehlma

has a better right to the house and lot.
After the release of the mortgage, the
instruments resulting from agreement of
Deed of Absolute Sale was registered and
parties thereto and does not apply to
a new title was issued in Dehlma's name.
deeds of a sheriff conveying to a
Act 3344 is applicable exclusively to
Page 83 of 180
who roam all over the Philippines to look for

and conduct investigations on prospective
sites for acquisition and development,
purchaser unregistered lands sold to him
under execution (Williams v. Suer, 49
Phil. ,534).
whether developed, semi-developed or raw

land. The management of Bedrock asks you
as the company counsel to prepare a
manual containing a summary of the
pertinent laws and regulations relating to
(C). Who owns the movables inside the

house? (2%)
land registration and acquisition of title to
SUGGESTED ANSWER:
Dehlma owns the movables because
land. The manual should include the

following items:
(A). What is the governing law? (5%)
when she acquired the house and lot

from Juliet, all the furniture and
appliances therein were included in the
SUGGESTED ANSWER:
sale. As owner of the real property,

Dehlma also owns the movables found
therein (Art. 542, Civil Code).
The governing law is the Land

Registration Act as amended by Property
Registration Decree (Act 496 as amended
by PD 1529).
Registration; Governing Law (2007)
[Note: It is respectfully recommended

that full credit be given to examinees
who did not give the exact title or
number of the law but merely stated a
description of the law.]
No.IV. Bedrock Land & Property

Development Corp. is a development
company engaged in developing and selling
subdivisions, condominium units and
industrial estates. In order to replenish its
inventories, it embarked on an aggressive
land banking program. It employed "scouts"
ALTERNATIVE ANSWER:
In general, the governing law relating to
Torrens System by voluntary ordinary
registration and acquisition of title to
judicial proceedings.
land is Act 496 of 1902 as amended by

PD 1529, otherwise known as Property
Registration Decree of June 11, 1978.
(2.) Chapter II-II governs compulsory

registration of lands through cadastral
proceedings.
(1.) Chapter III-I governs original

registration of land title under the
Page 84 of 180
(b) Amendment and alteration of

certificate of title;
(3.) Section 103 governs registration of
homestead, sales, free patent under CA
No. 141, as amended, otherwise known
as the Public Land Act.
(4.) Section 104 governs registration of

certificates of land transfers,
emancipation patents and Certificates of
Land Ownership Award (CLOA) under
(c) Replacement of lost or destroyed

owner's duplicate certificate of title.
(9.) R.A. No. 26 governs judicial

reconstitution of lost or destroyed
originals of the certificate of title.
Comprehensive Land Reform Law.

(10.) R.A. No. 6732 governs
(5.) Chapter V governs the registration of
land dealings on registered land like
administrative reconstitution of lost or

destroyed original certificates of title.
conveyances, transfers, mortgages,

leases, powers of attorney, trusts and
similar contracts inter vivos.
(11.) Section 113 governs the

registration of instruments affecting
unregistered private lands.
(6.) Chapter V-II governs the registration

of involuntary dealings on registered
land like attachments, adverse claims,
enforcement of liens on registered land,
notices of lis pendens. (7.) Chapter VI
governs the registration of judgments,
orders and partitions, condemnation in
(12.) Section 117 governs "consultas,"

where the Register of Deeds refuses to
register a deed or when he is in doubt as
to what action to take on an instrument
presented for registration.
eminent domain proceedings, judicial

and extra-judicial settlement of estates.
(8.) Sections 107, 108 and 109 govern

petitions and actions after original
registration like: (a).Compulsory
Registration; Party Who First took
surrender of withheld owner's duplicate
Possession (2013)
certificate of title;
No.IX.Rica petitioned for the annulment of
to Atty. Cruz a parcel of land in Taguig that
her ten-year old marriage to Richard.
he recently purchased with his lotto
Richard hired Atty. Cruz to represent him in
winnings. The transfer documents were
the proceedings. In payment for Atty. Cruz's
duly signed and Atty. Cruz
acceptance and legal fees, Richard conveyed
Page 85 of 180
urged that the land itself is not the

object of the litigation, the annulment of
marriage, if granted, will carry with it
immediately took possession by fencing off
the property's entire perimeter.
Desperately needing money to pay for his

mounting legal fees and his other needs
the liquidation of the absolute

community or conjugal partnership of
and despite the transfer to Atty. Cruz,
the spouses as the case may be (Art. 50
Richard offered the same parcel of land for
in relation to Art 43 of the Family Code).
sale to the spouses Garcia. After inspection
Richard purchased the land with his
of the land, the spouses considered it a
lotto winnings during the pendency of
good investment and purchased it from

Richard. Immediately after the sale, the
spouses Garcia commenced the
construction of a three-story building over
the land, but they were prevented from
doing this by Atty. Cruz who claimed he has
a better right in light of the prior
conveyance in his favor.
the suit for annulment and on the

assumption that the parties are
governed by the regime of absolute
community or conjugal partnership,
winnings from gambling or betting will
form part thereof. Also, since the land is
part of the absolute community or
conjugal partnership of Richard and
Rica, it may not be sold or alienated
Is Atty. Cruz's claim correct? (8%)
without the consent of the latter and

any disposition or encumbrance of the
property of the community or the
SUGGESTED ANSWER:
conjugal property without the consent of

the other spouse is void (Art 96 and Art
124, Family Code).
No. Atty. Cruz is not correct. At first

glance, it may appear that Atty. Cruz is
the one who has the better right because
he first took possession of the property.
However, a lawyer is prohibited under
Art 1491 of the Civil Code from
Registration; Requisites; Proof (2013)
acquiring the property and rights which

may be the object of any litigation in
which they may take part by virtue of
their profession. While the suit is for
annulment of marriage and it may be
No.X. Manuel was born on 12 March 1940

in a 1 000-square meter property where he
grew up helping his father, Michael,
Commonwealth government in 1935, but
cultivate the land. Michael has lived on the
for some reason never secured any title to
property since the land was opened for
the property other than a tax declaration in
settlement at about the time of the
his name. He has held the property through
Page 86 of 180
applied for forms part of the alienable

and disposable (A & D) portion of the
public domain, and (b) that the applicant
the years in the concept of an owner and
his stay was uncontested by others. He has
also conscientiously and continuously paid
the realty taxes on the land.
has been in open, continuous and

notorious possession and occupation
thereof under bona fide claim of
Michael died in 2000 and Manuel - as

ownership since June 12, 1945, or
earlier. However, it is only necessary
Michaels only son and heir -now wants to
that the land is already declared A & D
secure and register title to the land in his
land at the time for application for
own name. He consults you for legal advice
registration is filed (Malabanan v.
as he wants to perfect his title to the land
Republic, G.R. No. 180067, June 30,
and secure its registration in his name.
(A) What are the laws that you need to

consider in advising Manuel on how he can
perfect his title and register the land in his
name? Explain the relevance of these laws
to your projected course of action. (4%)
2009).
Manuel could also invoke Sec 14 (2) of

the same Decree, which allows
registration through ordinary acquisitive
prescription for thirty years, provided,
however, that the land is patrimonial
in character, i.e. already declared by the
SUGGESTED ANSWER:
government (a) as A & D, and (b) no

longer needed for public use or public
service (Malabanan, supra).
(Note: With all due respect, it is

recommended that the examiner accept and
Manuel could also file an application for
give full credit to any of the answers given in

each of the following paragraphs.)
confirmation of imperfect or incomplete

title through judicial legalization
I would advice Manuel to file an

application for registration under Sec 14
of Pres. Decree No. 1529, or the Property
Registration Decree (PRD), specifically
Sec14 (1) which requires (a) that the land
under Sec. 48 (b) of CA no. 141, or the

Public Land Act (PLA). But, as held in
Malabanan, there is no substantial
difference between this provision and
Sec 14 (1) of the PRD. Both refer to
agricultural lands already classified as
alienable and disposable at the time the
under the PRD, there already exists a
application is filed, and require
title which is to be confirmed, whereas
possession and occupation since June
under the PLA, the presumption is that
12, 1945. The only difference is that
land is still public land (Republic v.
Page 87 of 180
SUGGESTED ANSWER:
Aquino, G.R. No. L-33983, January 27,
1983).
Manuel has a the burden to overcome
Manuel may also invoke vested rights
the presumption of State ownership by
acquired under Rep. Act. No. 1942, dated

June 2, 1957, which amended Sec. 48 (b)
of the PLA by providing for a prescriptive
well-nigh
incontrovertible
evidence
period of thirty years for judicial

confirmation of imperfect title. It must
only be demonstrated that possession
and occupation commenced on January
24, 1947 and the 30-year period was
completed prior to the effectivity of PD
No. 1073 on January 25, 1977. PD No.
1073 now requires possession and
occupation since June 12, 1945
(Republic v. Espinosa, G.R. No. 171514,
July 18, 2012).
Another alternative is for Manuel to

secure title through administrative
proceedings under the homestead or free
patent provisions of the PLA. The title
issued has the same efficacy and validity
as a title issued through judicial
proceedings, but with the limitations
that the land cannot be sold or disposed
of within five years from the issuance of
patent (Sec. 118, CA No. 141, as
amended).
(B) What do you have to prove to secure

Manuel's objectives and what
documentation are necessary? (4%)
(Ong v. Republic, G.R. No. 175746,

March 12, 2008). Accordingly, he must
show that ht eland is already classified
as A & D at the time the application for
registration is filed and that he has
been in possession and occupation
thereof in the manner required by law
since June 12, 1945, or earlier.
Manuel may tack his possession to that

of his predecessor-in-interest (Michael)
by the testimony of disinterested and
knowledgeable eyewitnesses. Overt acts
of possession may consist in introducing
valuable improvements like fencing the
land, constructing a residential house
thereon, cultivating the land and
planting fruit bearing trees, declaring
the land for taxation purposes and
paying realty taxes, all of which are
corroborative proof of possession.
To identify the land, he must submit the

tracing cloth plan or a duly-certified
blueprint or whiteprint copy thereof
(Director of Lands v. Reyes, G.R. No. L27594, November 28, 1975; Director of
Lands v. CA and Iglesia ni Cristo, G.R.
No. L-56613, March 14, 1988).
To show the classification of the land as

A & D, the application must be
accompanied by (1) a CENRO or PENRO
Page 88 of 180
In 2006, the spouses Teodoro and Anita

came to the Philippines for a visit and
discovered what had happened to their
certification; and (2) a certified true
copy of the original classification
approved by the DENR Secretary
(Republic v. Bantigue, G.R.No. 162322,
property. They immediately hire you as

lawyer. What action or actions will you
institute in order to vindicate their rights?
Explain fully. (4%)
March 14, 2012). A presidential or

legislative act may also be considered.
Remedies; Fraud; Rights of Innocent
SUGGESTED ANSWER:
I will institute the following actions

against Atty. Tan:
Purchaser (2009)
(a). A civil action for damage for the

No.IX. Before migrating to Canada in 1992,
the spouses Teodoro and Anita entrusted
all their legal papers and documents to
fraudulent transfer of the title in his

name and to recover the value of the
property;
their nephew, Atty. Tan. Taking advantage

of the situation, Atty. Tan forged a deed of
sale, making it appear that he had bought
the couples property in Quezon City. In
(b). An action against the National

Treasurer for compensation from the
2000, he succeeded in obtaining a TCT over

the property in his name. Subsequently,
Atty. Tan sold the same property to Luis,
who built an auto repair shop on the
State Assurance Fund which is set aside

by law to pay those who lose their land
suffer damages as a consequence of the
operation of the Torrens system;
property. In 2004, Luis registered the deed

of conveyance, and title over the property
was transferred in his name.
(c). A criminal action for forgery or
falsification of public document;
Any action against Luis will not prosper

(d). A complaint with the Supreme
Court/Integrated Bar of the Philippines
to disbar or suspend him or other
disciplinary action for violation or the
Code of Professional Ethics.
because he is an innocent purchaser for

value. The Title to the land he bought
was already in the name of the person
who sold the property to him, and there
is nothing on the title which will make
him suspect about the fraud committed
by Atty. Tan.
Page 89 of 180
Rescission of Contract; Fortuitous Event

(2008)
Contracts
No.XVIII. AB Corp. entered into a contract

with XY Corp. whereby the former agreed to
construct the research and laboratory
facilities of the latter. Under the terms of
Contract to Sell vs. Conditional Contract

of Sale (2012)
the contract, AB Corp. agreed to complete

the facility in 18 months, at the total
contract price of P10 million. XY Corp. paid
50% of the total contract price, the balance
No.X.a) A contract to sell is the same as a

conditional contract of sale. Do you agree?
Explain your answer. (5%)
to be paid upon completion of the work. The

work stated immediately, but AB Corp. later
experienced work slippage because of labor
unrest in his company. AB Corp.'s
employees claimed that they are not being
SUGGESTED ANSWER:
paid on time; hence, the work slowdown. As

of the 17th month, work was only 45%
completed. AB Corp. asked for extension of
time, claiming that its labor problems is a
No. A contract to sell is a species of

conditional sale. The contract to sell
does not sell a thing or property; it sells
the right to buy property. A conditional
sale is a sale subject to the happening or
performance of a condition, such as
case of fortuitous event, but this was

denied by XY Corp. When it became certain
that the contruction could not be finished
on time, XY Corp. sent written notice
cancelling the contract, and requiring AB
Corp. to immediately vacate the premises.
payment of the full purchase price, or

the performance of other prestation to
give, to do or not to do. Compliance with
the condition automatically gives the
(A). Can the labor unrest be considered a

fortuitous event? (1%)
right to the vendee to demand the

delivery of the object of the sale. In a
contract to sell, however, the compliance
SUGGESTED ANSWER:
with the condition does not

automatically sell the property to the
vendee. It merely gives the vendee the
right to compel the vendor to execute
No. The labor unrest cannot be
the deed of absolute sale.
considered a fortuitous event under Art.

1174 of the Civil Code. A fortuitous
event should occur independent of the
Page 90 of 180
will of the debtor or without his

participation or aggravation (Paras, Civil
Code Annotated, vol. IV, 2000 ed., p
159). As mentioned in the facts, labor
Stipulation; Arbitration Clause (2009)
unrest of the employees was caused by

AB Corp.'s failure to pay its employees
on time.
(B). Can XY Corp. unilaterrally and
immediately cancel the contract? (2%)
SUGGESTED ANSWER:

No, XY Corp. cannot unilaterally and

immediately cancel the contract. In the
absence of any stipulation for automatic
(A). A clause in an arbitration contract

granting one of the parties the power to
choose more arbitrators than the other
renders the arbitration contract void. (1%)
rescission, rescission must be judicial

SUGGESTED ANSWER:
(C). Must AB Corp. return the 50%
downpayment? (2%)
True. The Civil Code provides that Any

clause giving one of the parties power to
SUGGESTED ANSWER:
choose more arbitrators than the other

is void and of no effect (Art 2045, NCC).
Obligations
AB Corp. need not return the 50% down
payment because 45% of the work was
already completed, otherwise, XY Corp.
would be unjustly enriching itself at the
expense of AB Corp.
monthly installment payments. On the

third, fourth and fifth months, the
corresponding checks bounced.
No.XV. Sarah had a deposit in a savings
account with Filipino Universal Bank in the
amount of five million pesos
The bank then declared the whole
(P5,000,000.00). To buy a new car, she
obligation due, and proceeded to deduct the
obtained a loan from the same bank in the
amount of one million pesos
amount of P1,200,000.00, payable in twelve

monthly installments. Sarah issued in favor
of the bank post-dated checks, each in the
amount of P100,000.00, to cover the twelve
(P1,000,000.00) from Sarahs deposit after

notice to her that this is a form of
Page 91 of 180
compensation allowed by law. Is the bank
correct? Explain. (4%)
SUGGESTED ANSWER:
No. XV. Eduardo was granted a loan by XYZ

Bank for the purpose of improving a
No, the bank is not correct. While the

Bank is correct about the applicability of
compensation, it was not correct as to
the amount compensated.
building which XYZ leased from him.

Eduardo, executed the promissory note
("PN") in favor of the bank, with his friend
Recardo as co-signatory. In the PN, they
both acknowledged that they are
"individually and collectively" liable and
waived the need for prior demand. To
A bank deposit is a contract of loan,

where the depositor is the creditor and
the bank the debtor. Since Sarah is also
the debtor of the bank with respect to
the loan, both are mutually principal
debtors and creditors of each other. Both
obligation are due, demandable and
liquidated but only up to the extent of
secure the PN, Recardo executed a real

estate mortgage on his own property. When
Eduardo defaulted on the PN, XYZ stopped
payment of rentals on the building on the
ground that legal compensation had set in.
Since there was still a balance due on the
PN after applying the rentals, XYZ
foreclosed the real estate mortgage over
Recardo's property. Recardo opposed the
P300,000.00 (covering the unpaid third,
foreclosure on the ground that he is only a
fourth and fifth monthly installments).
co-signatory; that no demand was made
The entire one million was not yet due
upon him for payment, and assuming he is
because the loan has no acceleration

clause in case of default. And since there
is no retention or controversy
commenced by third person and
communicated in due time to the debtor,
then all the requisites of legal
compensation are present but only up to
the amount of P300,000.00. The bank,
liable, his liability should not go beyond

half the balance of the loan. Further,
Recardo said that when the bank invoked
compensation between the reantals and the
amount of the loan, it amounted to a new
contract or novation, and had the effect of
extinguishing the security since he did not
give his consent (as owner of the property
under the real estate mortgage) thereto.
therefore, may deduct P300,000.00 from

(A). Can XYZ Bank validly assert legal
Sarahs bank deposit by way of
compensation.
compensation? (2%)
Page 92 of 180

SUGGESTED ANSWER:

Yes, XYZ Bank can validly assert legal

compensation. In the present case, all of
the elements of legal compensation are
present: (1) XYZ Bank is the creditor of
Eduardo while Eduardo is the lessor of
XYZ Bank; (2) both debts consist in a
sum of money, or if the things due are

consumable, they be of the same kind,
and also of the same quality if the latter
has been stated; (3) the two debts be
due; (4) they be liquidated and

demandable, and (5) over neither of them
there be any retention or controversy,
commenced by third persons and
communicated in due time to the debtor

(C). Does Recardo have basis under the

Civil Code for claiming that the original
contract was novated? (2%)
Extinguishment; Novation (2008)
SUGGESTED ANSWER:

No. Recardo has no basis for claiming
novation of the original contract when
the bank invoked compensation because
there was simply partial compensation
(Art. 1290, Civil Code) and this would

not bar the bank from recovering the
remaining balance of the obligation.
No. In order that an obligation may be
extinguished by another, it is imperative
ALTERNATIVE ANSWER:
Page 93 of 180
A check, whether a managers check or

that it be so declared in unequivocal
terms, or that the old and new
obligations be on every point compatible
with each other. Novation is never
an ordinary check is not legal tender,

and an offer of a check in payment of a
debt is not a valid tender of payment and
may be refused receipt by the oblige
presumed (Art. 1292, Civil Code).
or creditors (Philippine Airlines v. CA

and Amelia Tan, G.R. No. L-49188,
1990). Mere delivery of checks does not
discharge the obligation under a
Extinguishment; Payment of Check
(2013)
judgment. A check shall produce the

effect of payment only when they have
been cashed or where through the fault
of the creditor they have been impaired
No.VI. Lito obtained a loan of P1,000,000
from Ferdie, payable within one year. To

secure payment, Lito executed a chattel
mortgage on a Toyota Avanza and a real
However, it is not necessary that the
estate mortgage on a 200-square meter
right of redemption be exercised by
piece of property.
delivery of legal tender. A check may be

used for the exercise of right of
redemption, the same being a right and
(B) Lito's failure to pay led to the extra-
not an obligation. The tender of a check
judicial foreclosure of the mortgaged real
is sufficient to compel redemption but is
property. Within a year from foreclosure,

Lito tendered a manager's check to Ferdie to
redeem the property. Ferdie refused to
accept payment on the ground that he
wanted payment in cash: the check does
not qualify as legal tender and does not
not in itself a payment that relieves the

redemptioner from his liability to pay
the redemption price (Biana v. Gimenez,
G.R. No. 132768, Sept 9, 2005, citing
Fortunado v. CA).
include the interest payment. Is Ferdie's

refusal justified? (4%)
Redemption within the period allowed by

law is not a matter of intent but a
SUGGESTED ANSWER:
question of payment or valid tender of

full redemption prices within the said
period. Whether redemption is being
made under Art. 3135 or under the
payment to make said redemption valid
General Banking Law, the mortgagor or
(Heirs of Quisumbing v. PNB and SLDC,
his assignee is required to tender
G.R. No. 178242, Jan 20, 2009).
Page 94 of 180
Gustavo accepted the check, but forgot to

deposit it until Sept. 12, 2008. His bank
refused to accepted the check because it
Moreover, Ferdies refusal was justified
on the ground that the amount tendered
does not include interest. In order to
effect the redemption of the foreclosed
had become stale. Gustavo now wants

Felipe to pay him in cash the amount of
P5,600. Claiming that the previous
payment was not in legal tender, and that
property, the payment to the purchaser

must include the following sums: (a) the
bid price; (b) the interest on the bid
price, computed at one per centum (1%)
there has been extraordinary deflation
per month; and (c) the assessments and
since 1998, and therefore, Felipe should
taxes, if any, paid by the purchaser with
pay him the value of the debt at the time it
the same rate of interest (Sec 28, 1997

Rules of Civil Procedure). Unless there is
an express stipulation to that effect, the
creditor cannot be compelled to receive
partial payment of the prestation (Art.
1248, Civil Code).
was incurred. Felipe refused to pay him

again, claiming that Gustavo is estopped
from raising the issue of legal tender,
having accepted the check in March, and
that it was Gustavo's negligence in not
depositing the check immediately that
caused the check to become stale.
(A). Can Gustavo now raised the issue that

the cashier's check is not legal tender? (2%)
Extinguishment;
Payment
of
SUGGESTED ANSWER:
Check;
Legal Tender (2008)
No. Gustavo previously accepted a check

as payment. It was his fault why the
check became stale. He is now estopped
from raising the issue that a cashier's
No. XVII. Felipe borrowed $100 from
check is not legal tender.
Gustavo in 1998, when the Phil P - US$

exchange rate was P56 - US$1. On March
1, 2008, Felipe tendered to Gustavo a
(B). Can Felipe validly refuse to pay Gustavo
cashier's check in the amount of P4,135 in
again? (2%)
payment of his US$ 100 debt, based on the

Phil P - US$ exchange rat at that time.
SUGGESTED ANSWER:
Although a check is not legal tender

(Belisario v. Natividad. 60 Phil 156),
there are instances when a check
produces the effects of payment, for
Yes, Felipe can refuse to pay Gustavo,

who allowed the check to become stale.
example: (a) when the creditor is in

estoppel or he had previously promised
he would accept a check (Paras, Civil
Page 95 of 180

Code Annotated, Vol IV, 2000 ed., p.
394); (b) when the check has lost its
value because of the fault of the creditor
(Art. 1249, 2nd par.),as when he was
unreasonably delayed in presenting the
check for payment (PNB v. Seeto, G.R.

No, L-4388, 13 August 1952).
(C). Can Felipe compel Gustavo to receive

US$100 instead? (1%)

SUGGESTED ANSWER:

Felipe cannot compel Gustavo to receive

US$100 because under RA 529, payment
of loans should be at Philippine currency
at the rate of exchange prevailing at the
time of the stipulated date of payment.
Felipe could only compel Gustavo to

receive US$ 100 if they stipulated that
obligation be paid in foreign currency
(R.A. 4100).

(B). Can Recardo's property be foreclosed to

pay the full balance of the loan? (2%)
Liability; Solidary Liability (2008)
SUGGESTED ANSWER:
in the promissory note, he acknowledged

Yes, Recardo's property can be foreclosed
to pay the full balance of the loan
because when he signed as co-signatory
he is solidarily liable with Eduardo. In

solidary obligations, a creditor has the
right to demand full payment of the
obligation from any of
Page 96 of 180
which arise from certain lawful,

voluntary and unilateral acts to the end
that no one shall be unjustly enriched or
the solidary debtors (Art. 1207, Civil
benefited at the expense of another. (Art.
Code).
2142, NCC)
First Example of an obligation without

an agreement is a case of negotiorum
gestio, whereby one who voluntarily
takes charge of the agency or
Obligations; Without Agreement (2007)
No.V. What are obligations without an

agreement"? Give five examples of
situations giving rise to this type of
obligations? (10%)
management of the business or property

of another without any power from the
latter, is obliged to continue the same

until the termination of the affair and its
incidents, or to require the person
concerned to substitute him, if the
owner is in a position to do so (Art.
SUGGESTED ANSWER:
2144, NCC).
Second example, a case of solutio

"Obligations without an agreement" are
obligations that do not arise from
contract such as those arising from: 1.
delicts; 2. quasi-delicts; 3. solutio
indebiti; 4. negotiorum gestio; and 5. all
other obligations arising from law.
ALTERNATIVE ANSWER:
indebiti may also give rise to an

obligation without an agreement. This
refers to the obligation to return which
arises when something is received when
there is no right to demand it, and it was
unduly delivered through mistake (Art.
2154, NCC).
Third example, is when without the

knowledge of the person obliged to give
support, it is given by a stranger, the
latter shall have a right to claim the
"Obligations without an agreement" refer

to the juridical relation of quasi-contract
same from the former, unless it appears

that he gave it out of piety and without
intention of being repaid (Art. 2164,
is treated or helped while he is not in a
NCC).
condition to give consent to a contract,

he shall be liable to pay for the services
of the physician or other person aiding
Fourth example, is when through
him, unless the service has been
accident or other causes a person is
rendered out of pure generosity (Art.
injured or becomes seriously ill, and he
2167, NCC).
Page 97 of 180
SUGGESTED ANSWER:
Fifth instance of an obligation without
an agreement is when the person obliged
to support an orphan or an insane or
other indigent person unjustly refuses to
A constructive trust is a trust NOT
give support to the latter, any third
created by any word or phrase, either
person may furnish support to the needy
expressly or impliedly, evincing a direct
individual, with right of reimbursement
intention to create a trust, but is one
from the person obliged to give support.
that arises in order to satisfy the
The provisions of this article apply when
demands of justice. It does not come
the father or mother of a child under
about by agreement or intention but
eighteen years of age unjustly refuses to
mainly operation of law and construed as
support him (Art. 2166, NCC).
a trust against one who, by fraud, duress

or abuse of confidence, obtains or holds
the legal right to property which he
Trust
ought not, in equity and good

Trust De Son Tort (2007)
conscience, to hold (Heirs of Lorenzo Yap

v. CA, 371 Phil 523, 1991). The following
are examples of constructive trust: 1.
Art. 1456 NCC which provides: "If
property is acquired through mistake or
No.III. Explain the following concepts and

doctrines and give an example of each:
fraud, the person obtaining it is, by force

of law considered a trustee of an implied
trust for the benefit of the person for
(A).
concept
of
trust de
son
tort (constructive trust) (5%)
whom the property comes." 2. Art 1451

NCC which provides: "When land passes
by succession through any person and he
causes the legal title to be put in the
name of another, a trust is established
by implication of law for the benefit of
the true owner." 3. Art 1454 NCC which
provides: "If an absolute conveyance of
property is made in order to secure the
performance of an obligation of the
grantor toward the grantee, a trust by
virtue of law is established. If the
relationship uses trust funds for the
fulfillment of the obligation is offered by
purchase of property and causes
the grantor when it becomes due, he
conveyance to be made to him or to
may demand the reconveyance of the
third person, a trust is established by
property to him." 4. Art 1455 NCC which
operation of law in favor of the person to
provides: "When any trustee, guardian or
whom the funds belong."
any person holding a fiduciary
Page 98 of 180
opposed to the restoration of the

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

Act;
Partition
of
Condominium (2009)
No.XVIII. The Ifugao Arms is a

condominium project in Baguio City. A
strong earthquake occurred which left huge
Mortgage; Equitable Mortgage (2012)
No.VI. (b) Eulalia was engaged in the

business of buying and selling large cattle.
In order to secure the financial capital, she
cracks in the outer walls of the building. As

a result, a number of condominium units
were rendered unfit for use. May Edwin,
owner of one of the condominium units
affected, legally sue for partition by sale of
the whole project? Explain. (4%)
advanced for her employees (biyaheros). She

required them to surrender TCT of their
properties and to execute the corresponding
Deeds of Sale in her favor. Domeng
SUGGESTED ANSWER:
Bandong was not required to post any

security but when Eulalia discovered that
he incurred shortage in cattle procurement
operation, he was required to execute a
Yes, Edwin may legally sue for partition

by sale of the whole condominium
project under the following conditions:
Deed of Sale over a parcel of land in favor of

Eulalia. She sold the property to her
grandneice Jocelyn who thereafter
instituted an action for ejectment against
the Spouses Bandong.
(a) the damage or destruction caused by

the earthquake has rendered one-half
(1/2) or more of the units therein
untenantable, and (b) that the
condominium owners holding an
aggregate of more than thirty percent
(30%) interests of the common areas are
To assert their right, Spouses Bandong filed

an action for annulment of sale against
Eulalia and Jocelyn alleging that there was
no sale intended but only equitable
mortgage for the purpose of securing the
shortage incurred by Domeng in the
amount of P 70, 000.00 while employed as
The contract between Domeng Bandong
"biyahero" by Eulalia. Was the Deed of Sale
and Eulalia was an equitable mortgage
between Domeng and Eulalia a contract of

sale or an equitable mortgage? Explain.
(5%)
rather than a contract of sale. The

purported deed of sale was actually
intended to merely secure the payment
of the shortage incurred by Domeng in
SUGGESTED ANSWER:
the conduct of the cattle-buying

operations. Under Art 1602, Civil Code,
Page 99 of 180
down and drank the first bottle from the

case of bourbon.
the contract shall be presumed to be an
equitable mortgage when it may be fairly
On June 15, 2013, Sergio learned of
inferred that the real intention of the
another buyer, Roberto, who was
parties is simply to secure the payment

of a debt or the performance of any
other obligation. The present transaction
was clearly intended to just secure the
shortage incurred by Eulalia because
Bandung remained in possession of the
offering P800,000 in ready cash for the

land. When Roberto confirmed that he
could pay in cash as soon as Sergio could
property inspite of the execution of the
get the documentation ready, Sergio
sale.
decided to withdraw his offer to Marcelo,

hoping to just explain matters to his friend.
Marcelo, however, objected when the
withdrawal was communicated to him,
taking the position that they have a firm
and binding agreement that Sergio cannot
simply walk away from because he has an
option to buy that is duly supported by a
Option Contract; Liquor & Pulutan as
duly accepted valuable consideration.
Consideration (2013)
(A) Does Marcelo have a cause of action
No.III.Sergio is the registered owner of a
against Sergio? (5%)
SUGGESTED ANSWER:
500-square meter land. His friend, Marcelo,

who has long been interested in the
property, succeeded in persuading Sergio to
sell it to him. On June 2, 2012, they agreed
Yes. Marcelo has a cause of action
on the purchase price of P600,000 and that
against Sergio.
Sergio would give Marcelo up to June30,

2012 within which to raise the amount.
Marcelo, in a light tone usual between
them, said that they should seal their
agreement through a case of Jack Daniels
Black and P5,000 "pulutan" money which
he immediately handed to Sergio and which
the latter accepted. The friends then sat
Under Art. 1324, when the offerer has

allowed the offeree a certain period to
accept, the offer may be withdrawn at
any time before acceptance by
communicating such withdrawal, except
when the option is founded upon
An accepted unilateral promise to buy or
consideration, as something paid or
sell a determinate thing for a price
promised.
certain is binding upon him if the

promise is supported by a consideration
distinct from the price (Art. 1479).
Page 100 of 180
The contract at issue in the present case

is the option contract, not the contract
of sale for the real property. Therefore,
Consideration in an option contract may
Art. 1403 does not apply.
be anything of value,, unlike in sale

where it must be the price certain in
money or its equivalent (San Miguel
Properties Inc. v. Spouses Huang, G.R.
No. 137290, July 31, 2000).
The Statute of Frauds covers an

agreement for the sale of real property
or of an interest therein. Such
Here, the case of Jack Daniels Black and

the P5,000.00 pulutan money was a
consideration to seal their agreement,
an agreement that Marcelo is given until
June 30, 2012 to buy the parcel of land.
There is also no showing that such
consideration will be considered part of
the purchase price. Thus, Sergios
unilateral withdrawal of the offer
violated the Option Contract between
him and Marcelo.
agreement is unenforceable by action,

unless the same, or some note or
memorandum, thereof, be in writing,
(Art. 1403 (e), Civil Code). Here, Marcelo
and Sergio merely entered into an
Option Contract, which refers to a
unilateral promise to buy or sell, which
need not be in writing to be enforceable
(Sanchez v. Rigos, G.R. No. L-25494,
June 14, 1972, citing Atkins, Kroll and
Co. Inc. v. Cua Hian Tek and
Southwestern Sugar & Molasses Co. v.
Atlantic Gulf & Pacific Co.).
(B) Can Sergio claim that whatever they

might have agreed upon cannot be enforced
because any agreement relating to the sale
ALTERNATIVE ANSWER:
of real property must be supported by

evidence in writing and they never reduced
their agreement to writing? (3%)
No. Sergios claim has no legal basis.
SUGGESTED ANSWER:
The contract of sale has already been
No. Sergios claim has no legal basis.
partially executed which takes it outside

the ambit of the Statute of Frauds is
applicable only to executory contracts,
not to contracts that are totally or
partially performed (Carbonnel v. Poncio,
G.R. No. L-11231, May 12, 1958).
Right of First Refusal; Lessee; Effect

(2008)
No.XVI. Dux leased his house to Iris for a

period of 2 years, at the rate of P25,000.00
Page 101 of 180
would make her privy to the agreement

of Dux and Iris, aware of the right of first
monthly, payable annually in advance. The
contract stipulated that it may be renewed
for another 2-year period upon mutual
agreement of the parties. The contract also
refusal. This makes the mother a buyer
granted Iris the right of first refusal to
in bad faith, hence giving more ground
purchase the property at any time during
for rescission of the sale to her
the lease, if Dux decides to sell the property
(Equatorial Realty, et al. v. Mayfair
at the same price that the property is

offered for sale to a third party. Twenty-
Theater, G.R. No. 106063, 21 Nov. 1996).
three months after execution of the lease

contract, Dux sold breach of her right of
first refusal. Dux said there was no breach
ALTERNATIVE ANSWER:
because the property was sold to his

mother who is not a third party. Iris filed an
action to rescind the sale and to compel
Dux to sell the property to her at the same
price. Alternatively, she asked the court to
extend the lease for another 2 years on the
same terms.
No, Iris cannot seek rescission of the

sale of the property to Duxs mother
because the sale is not one of those
rescissible contracts under Art. 1381 of
the Civil Code.
(A). Can Iris seek rescission of the sale of

the property to Dux's mother? (3%)
(B). Will the alternative prayer for extension
of the lease prosper? (2%)
SUGGESTED ANSWER:
SUGGESTED ANSWER:
Yes, because the right of first refusal is

included in the contract signed by the
parties. Only if the lessee failed to
exercise the right of first refusal could
the lessor lawfully sell the subject
property to others, under no less than
the same terms and conditions
previously offered to the lessee. Granting
that the mother is not a third party, this
No. The contract stipulated that it may

be renewed for another 2-year period
upon mutual agreement of the parties.
Contracts are binding between the
parties; validity or compliance cannot be
left to the will of one of the parties (Art.
1308, Civil Code).
ALTERNATIVE ANSWER:
(a) there is a stipulation in the contract

of sale; (b) Dux's mother is aware of the
existing contract of lease; or (c) the lease
is recorded in the Registry of Property
It depends. The alternative prayer for
the extension of the lease may prosper if
Page 102 of 180
the improvements and leaving the building

in its original state.
Lease
(IVa) Resolve Boboy's claim that as a builder

in good faith, he should be
Builder;
Good Faith; Useful

reimbursed the value of the improvements
Improvements (2013)
he introduced. (4%)
SUGGESTED ANSWER:
No.IV.Anselmo is the registered owner of a
land and a house that his friend Boboy
occupied for a nominal rental and on the
condition that Boboy would vacate the
property on demand. With Anselmo's
knowledge, Boboy introduced renovations
consisting of an additional bedroom, a
covered veranda, and a concrete block
fence, at his own expense.
Boboys claim that he is a builder in

good faith has no basis. A builder in good
faith is someone who occupies the
property in concept of an owner. The
provisions on builder-planter-sower
under the Civil Code cover cases in
which the builder, planter and sower
believe themselves to be owners of the
Subsequently, Anselmo needed the property
land, or at least, to have a claim of title
as his residence and thus asked Boboy to
thereto.
vacate and turn it over to him. Boboy,

despite an extension, failed to vacate the
property, forcing Anselmo to send him a
written demand to vacate.
As Boboy is a lessee of the property,

even if he was paying nominal rental,
Art. 1678, Civil Code, is applicable.
In his own written reply, Boboy signified

that he was ready to leave but Anselmo
must first reimburse him the value of the
improvements he introduced on the
property as he is a builder in good faith.
Anselmo refused, insisting that Boboy
Under this provision, if the lessee makes,

in good faith, useful improvements
which are suitable to the use for which
the lease is intended, without altering
the form or substance of the property
leased, the lessor upon the termination
cannot ask for reimbursement as he is a
of the lease, shall pay the lessee one-half
mere lessee. Boboy responded by removing
of the value of improvements at that
time. Should the lessor refuse to
the principal thing may suffer damage
reimburse said amount, the lessee may
thereby.
remove the improvements, even though
Page 103 of 180
building to Ildefonso. Thereafter, the latter

notified all the tenants that he is the new
owner of the building. Ildefonso ordered the
(IVb) Can Boboy be held liable for damages
for removing the improvements over
Anselmo's objection? (4%)
tenants to vacate the premises within thirty

(30) days from notice because he had other
plans for the building. The tenants refused
to vacate, insisting that they will only do so
when the term of their lease shall have
SUGGESTED ANSWER:
No. Boboy cannot be held liable for

damages.
The lessor, Anselmo, refused to
expired. Is Ildefonso bound to respect the
lease contracts between Jude and his

tenants? Explain your answer. (3%)
SUGGESTED ANSWER:
reimburse one-half of the value of the

improvements, so the lessee, Boboy, may
remove the same, even though the
principal thing may suffer damage
thereby. If in removing the useful
improvements Boboy caused more
impairment in the property leased than
is necessary he will be liable for damages
Yes, Ildefonso must respect the lease

contracts between Jude and his tenants.
While it is true that the said lease
contracts were not registered and
annotated on the title to the property,
Ildefonso is still not an innocent
purchaser for value. He ought to know
the existence of the lease because the
building was already occupied by the
tenants at the time he bought it.
Applying the principle of caveat emptor,
he should have checked and known the
status of the occupants of their right to
occupy the building before buying it.
Lease; Caveat Emptor (2009)
No.VIII. Jude owned a building which he

had leased to several tenants. Without
informing his tenants, Jude sold the
Agency
Agency; Sale of a Real Property through
overseas call to sell the land and sign a
an Agent (2010)
contract of sale on her behalf.
No.XVI. X was the owner of an unregistered
Y thus sold the land to B1 on March 31,
parcel of land in Cabanatuan City. As she

was abroad, she advised her sister Y via
2001 and executed a deed of absolute sale

on behalf of X. B1 fully paid the purchase
price.
Page 104 of 180
Under the facts, B-1 has a better right to

the land. Given the fact that the Deed of
Sale in favor of B-1 and B-2 are not
B2, unaware of the sale of the land to B1,
signified to Y his interest to buy it but
asked Y for her authority from X. Without
informing X that she had sold the land to
inscribed in the Registry of Deeds, the

case is governed by Art 1544 of the New
Civil Code which provides that in case of
B1, Y sought X for a written authority to

sell.
double sales of an immovable property,
X e-mailed Y an authority to sell the land. Y
the ownership shall pertain to the
thereafter sold the land on May 1, 2001 to
person who is in good faith was first in
B2 on monthly installment basis for two

years, the first installment to be paid at the
end of May 2001.
Who between B1 and B2 has a better right

over the land? Explain. (5%)
possession and in the absence thereof to

the person who presents the oldest title,
provide there is good faith.
In a case, the Supreme Court has held

that in a sale of real estate the execution
of a notarial document of sale is
SUGGESTED ANSWER:
tantamount to delivery of the possession

of the property sold. The ownership of
the land therefore pertains to the first
B-2 has a better title. This is not a case

of double sale. Since the first sale was
void. The law provides that when a sale
of a piece of land or any interest therein
is through an agent, the authority of the
latter shall be in writing; otherwise, the
sale shall be void (Art 1874, NCC). The
property was sold by Y to B1 wihtout any
written authority from the owner X.
buyer. It may also be mentioned that

under Art 3344 no instruments or deed
establishing, transmitting,
acknowledging, modifying, or
extinguishing right to real property not
registered under Act 496 shall be valid
except as between the parties. Thus, the
Deed of Sale of B-2 has no binding effect
on B-1.
Hence, the sale to B1 was void.
Partnership
ALTERNATIVE ANSWER:
Liability; Liability of a Partner (2010)
past break-even stage and started to garner

considerable profits, C died. A and B
continued the business without dissolving
No.XV. A, B, and C entered into a
partnership to operate a restaurant
business. When the restaurant had gone
the partnership. They in fact opened a

branch of the restaurant, incurring
obligations in the process. Creditors started
Page 105 of 180
partnership at will and if there are no

sufficient funds, the creditors may go
after the private properties of A and B
demanding for the payment of their
obligations.
(Art 816, NCC). Creditors may also sue

the estate of C. The estate is not excused
from the liabilities of the partnership
(A). Who are liable for the settlement of the

partnerships obligations? Explain? (3%)
even if C is dead already but only up to

the time that he remained a partner (Art
1829, 1835, par 2, NCC; Testate Estate
of Mota v. Serra, 47 Phil
SUGGESTED ANSWER:
464 [1925]). However, the liability of Cs
The two remaining partners, A and B, are
liable. When any partner dies and the
business is continued without any
settlement of accounts as between him
or his estate, the surviving partners are
held liable for continuing the business
individual properties shall be subject

first to the payment of his separate
debts (Art 1835. NCC).
despite the death of C (Art 1841, 1785,

par 2, and Art 1833 of NCC).
(B).What are the creditors recourse/s?
Explain. (3%)
SUGGESTED ANSWER:
Oral Partnership (2009)

Creditors can file the appropriate

actions, for instance, an action for
collection of sum of money against the
(C). An oral partnership is valid. (1%)
SUGGESTED ANSWER:
contribution of an immovable property

TRUE. Partnership is a consensual
contract, hence, it is valid even though
not in writing.
or a real right, an oral contract of

partnership is void. In such a case, the
contract of partnership to be valid, must
be in a public instrument ( Art. 1771
,NCC ), and the inventory of said
ALTERNATIVE ANSWER:
property signed by the parties must be

attached to said public instrument (Art.
1773, NCC).
TRUE. An oral is a consensual of the

partnership is valid even though not in
writing. However, If it involves
ALTERNATIVE ANSWER:
Page 106 of 180
SUGGESTED ANSWER:
TRUE. Partnership is a consensual

contract, hence, it is valid even though
not in writing. The oral contract of
partnership is also valid even if an
immovable property or real right is
contributed thereto. While the law, in
such a case, requires the partnership to
be in a public document, the law does
not expressly declare the contract void if
not executed in the required form
(Article 1409 (7 ,NCC ). And there being
Yes, he is not entitled to the return of

his contribution to the capital of the
partnership, but only to the net profits
from the partnership business during the
life of the partnership period. If he is a
limited partner, however, he may ask for
the return of his contributions as
provided in Art 1856 and 1857, Civil
Code.
nothing in the law from which it can be

inferred that the said requirement is
prohibitory or mandatory (Article 5,
Commodatum & Mutuum
NCC), the said oral contract of

partnership must also be valid. The
interested party may simply require the
contract to be made into a public
document in order to comply with the
Mutuum; Interest; Solutio Indebiti

(2012)
required form (Article 1357, NCC). The

purpose of the law in requiring a public
document is simply to notify the public
about the contribution.
No.VI.a) Siga-an granted a loan to

Villanueva in the amount of P 540, 000.00.
Such agreement was not reduced to writing.
Siga-an demanded interest which was paid
by Villanueva in cash and checks. The total
amount Villanueva paid accumulated to P
1, 200, 000.00. Upon advice of her lawyer,
Villanueva demanded for the return of the
Share; Demand during the Existence of

Partnership (2012)
No.X.b) A partner cannot demand the

return of his share (contribution) during
excess amount of P 660, 000.00 which was

ignored by Siga-an.
(1) Is the payment of interest valid? Explain.

(3%)
the existence of a partnership. Do you

agree? Explain your answer. (5%)
SUGGESTED ANSWER:
No, Art. 1956, Civil Code, provides that

(2) Is solution indebiti applicable? Explain.
no interest shall be due unless it has
been expressly stipulated in writing.
(2%)
Page 107 of 180
FALSE. An oral contract of guaranty,

being a special promise to answer for the
debt of
SUGGESTED ANSWER:
another, is unenforceable unless in
writing (Article 1403 [2] b, NCC ).
Yes, Solutio Indebiti is applicable
because Villanueva Overpaid by
P600,000.00 representing interest
payment which is not due. He can,
ALTERNATIVE ANSWER:
therefore, demand its return.

TRUE. An oral promise of guaranty is
Guaranty
valid and binding. While the contract is

valid, however ,it is unenforceable
because it is not writing . Being a special
promise answer for the debt, or
Guaranty (2009)

(D). An oral promise of guaranty is valid
miscarriage of another, the Statute of

Frauds requires it to be in writing to be
enforceable ( Article 1403 [2] b, NCC).The

validity of the contract should be
distinguished from its enforceability .
Surety
and binding. (1%)
SUGGESTED ANSWER :
Surety (2010)

each)
whereas, in suretyship, the undertaking

(A). What is the difference between
"guaranty" and "suretyship"?
SUGGESTED ANSWER:
Guaranty and Suretyship distinguished
(1)The obligation in guaranty is

secondary; whereas, in suretyship, it is
primary.
is to pay if the principal debtor does not

pay .
In guranty, the guarantor is entitled to

the benefit of excussion; whereas, in
suretyship the surety is not entitled.
(4) Liability in guaranty depends upon an

independent agreement to pay the
obligations of the principal if he fails to
do so; whereas, in suretyship, the surety
In guranty, the undertaking is to pay if
assumes liability as a regular party.
the principal debtor cannot pay;
Page 108 of 180
The contract is valid because Rosario

has to execute a document in favor of
Jennifer to transfer the ownership of the
(5)The Guarantor insures the solvency of
pledged ring to the latter. The contract
the principal debtor; whereas, the surety
does not amount to pactum
insures the debt.
commissorium because it does not

provide for the automatic appropriation
by the pledgee of the thing pledged in
(6)In a guaranty, the guarantor is
case of default by the pledgor.
subsidiarlty liable; whereas, in a

suretyship, the surety binds himself
solidarity with the principal debtor (Art
2047, Civil Code).
(B). Will your answer to [a] be the same if

the contract stipulates that upon failure of
Pledge
Rosario to redeem the ring on due date,

Jennifer may immediately sell the ring and
appropriate the entire proceeds thereof for
herself as full payment of the loan?
Reasons. (3%)
Pledge; Pactum Commissorium (2009)

SUGGESTED ANSWER:
No.XVII. Rosario obtained a loan of

P100,000.00 from Jennifer, and pledged her
diamond ring. The contract signed by the
parties stipulated that if Rosario is unable
to redeem the ring on due date, she will
No, my answer will be different. While

the contract of pledge is valid, the
stipulation authorizing the pledgee to
immediately sell the thing pledged is
void under Art 2088 of the New Civil
execute a document in favor of Jennifer

providing that the ring shall automatically
be considered full payment of the loan.
Code, which provides that the creditor

cannot appropriate the things given by
(A). Is the contract valid? Explain. (3%)
way of pledge or mortgage, or dispose of

them xxx. Jennifer cannot immediately
sell by herself the thing pledged. It must
SUGGESTED ANSWER:
be foreclosed by selling it at a public

auction in accordance with the
procedure under Art 2112 of the New
Civil Code.
Torts and Damages
No.I. a) Roberto was in Nikko Hotel when he

bumped into a friend who was then on her
way to a wedding reception being held in
said hotel. Roberto alleged that he was then
invited by his friend to join her at the
Damages (2012)
wedding reception and carried the basket

full of fruits which she was bringing to the
affair. At the reception, the wedding
Page 109 of 180
wedding reception, that does not give

the hotel the license to humiliate
Roberto. If the wedding coordinator of
coordinator of the hotel noticed him and
asked him, allegedly in a loud voice, to leave
as he was not in the guest list. He retorted
that he had been invited to the affair by his
friend, who however denied doing so.
the hotel acted wrongfully e.g. with the

abuse of right, unfairly, or in a matter
that exposed Roberto to unnecessary
ridicule or shame, his action will
Deeply embarrassed by the incident,

Roberto then sued the hotel for damages
under Articles 19 and 21 of the
prosper. Otherwise, Robertos action will
Civil Code. Will Robertos action prosper?
Explain. (5%)
SUGGESTED ANSWER:
No. Robertos action will not prosper.
not prosper.
The hotel is liable for the wrongful acts

of its employees.
COMMENT:
The facts of the problem are almost

similar to the facts of Nikko Hotel
From the facts given in the problem, the

wedding coordinator did not abuse her
right when she asked him to leave the
wedding reception because he was not in
the guest list. Hotel Nikko could not be
held liable for damages as its liable
spring from the liability of its employee
(Nikko Hotel Manila Garden v. Reyes,
G.R. No. 154259, Feb 28, 2005).
ALTERNATIVE ANSWER:
It depends. While the hotel has the right

to exclude an uninvited guest from the
Manila Garden v. Reyes, G.R. No.

154259, Feb 28, 2005. In the said case,
however, there is a categorical finding
that the hotel employee did not, exposed
the complainant to the ridicule, shame
or embarrassment; hence, did not
commit any abuse of right. The present
problem makes no statement of that
finding. In the contrary, the problem
states that it is a mere allegation.
Damages; Moral & Exemplary (2009)

Page 110 of 180
Fortune filed a complaint against VinzonsChato to recover damages for the alleged
violation of its constitutional rights arising
(A). If you were the judge, would you award
from Vinzons-Chatos issuance of Revenue
all the claims of Nanette? Explain. (3%)

Memorandum Circular No. 37-934 (which
SUGGESTED ANSWER:
re-classified Fortune cigarettes as locally

manufactured with foreign brands and
thereby imposed higher taxes), which the
If Rodolfo's marriage could not have
Supreme Court later declared invalid.
been possibly known to Nanette or there

is no gross negligence on the part of
Nanette, Rodolfo could be held liable for
moral damages.
Vinzons-Chato filed a Motion to Dismiss

arguing that she cannot be held liable for
damages for acts she performed while in
the discharge of her duties as BIR
Commissioner. Is she correct? Explain. (5%)
If there is gross negligence in a suit for

quasi-delict, exemplary could be
awarded.
SUGGESTED ANSWER:
Yes. As a general rule, a public officer is

not liable for acts performed in the
discharge of his duties. The exceptions
are when he acted with malice, bad faith,
Damages; Public Officers acting in the
Performance of their Duties (2012)
or gross negligence in the performance

of his duty, or when his act is in
violation of a Constitutional guaranteed
right and liberties of a person under
No.II.a) Liwayway Vinzons-Chato was then
Art32 of the NCC.
the Commissioner of Internal Revenue

while Fortune Tobacco Corporation is an
entity engaged in the manufacture of
The public officer is not automatically
different brands of cigarettes, among which
considered to have violated the rights or
are "Champion," "Hope," and "More"
liberties of a person simply because the
cigarettes.
rule the public officer issued was

declared invalid by the court. The
complainant must still allege and prove
the particular injury or prejudice he has
The problem does not state any fact from
suffered from the violation of his
which any malice, bad faith or gross
constitutional right by the issuance of
negligence on the part of Vinzons-Chato
the invalidated rule.
may be inferred, or the particular injury

or prejudice the complainant may have
suffered as a result of the violation of his
constitutional right. Hence, she
Page 111 of 180
happened, Rommel shall be solidarily

liable with the driver.
cannot be held liable. The facts
presented are similar to facts of the case
of Vinzons-Chato v. Fortune, G.R. No.
141309, Dec 23, 2008.
In case the driver is convicted of

reckless imprudence and cannot pay the
civil liability, Rommel is subsidiarily
liable for the damage awarded against
Death Indemnity (2009)
the driver and the defense of diligence is

not available.
(B).Would your answer be the same if

No. X. Rommels private car, while being
Rommel was in the car at the time of the
driven by the regular family driver, Amado,
accident? Explain. (2%)
hits a pedestrian causing the latters death.

Rommel is not in the car when the incident
happened.
(A). Is Rommel liable for damages to the

heirs of the deceased? Explain. (2%)
SUGGESTED ANSWER:
Yes, my answer would be the same.

Rommel, who was in the car, shall be
liable for damages if he could have
SUGGESTED ANSWER:
prevented the misfortune by the use of

due diligence in supervising his driver
but failed to exercise it (Art. 2184, NCC).
Yes, Rommel may be held liable for

damages if he fails to prove that he
In such case, his liability is solidary with

his driver.
exercised the diligence of a good father

of a family (Art. 2180, par 5, NCC) in
selecting and supervising his family
ALTERNATIVE ANSWER:
driver. The owner is presumed liable

unless he proves the defense of
diligence. If the driver was performing
his assigned task when the accident
Yes, my answer will be the same except

that in such case the liability of the
owner is not presumed. When the owner

is inside the vehicle, he becomes liable
only when it is shown that he could have
prevented the misfortune by the use of
Doctrine of Discovered Peril (Last Clear
due diligence (Art. 2184, NCC). For the

owner to be held liable, the burden of
proving that he could have prevented
Chance) (2007)
the misfortune rests on the shoulder of

the victim.
No.III. Explain the following concepts and

doctrines and give an example of each:
Page 112 of 180
Event (2010)
(B). doctrine of discovered peril (last clear

chance) (5%)
No.XIV. Primo owns a pet iguana which he

keeps in a man-made pond enclosed by a
SUGGESTED ANSWER:
The doctrine of last clear chance states

that where the plaintiff was guilty of
prior or antecedent negligence, but the
defendant, who had the ultimate
fence situated in his residential lot. A
typhoon knocked down the fence of the

pond and the iguana crawled out of the gate
of Primos residence. N, a neighbor who was
passing by, started throwing stones at the
iguana, drawing the iguana to move toward
opportunity to avoid the impending
him. N panicked and ran but tripped on
harm failed to do so, it is the defendant
something and suffered a broken leg.
who is liable for all the consequences of

the accident notwithstanding the prior
negligence of the plaintiff. An example is
Is anyone liable for Ns injuries? Explain.
where a person was riding a pony on a

bridge and improperly pulled the pony to
the wrong side when he saw a car
(4%)
coming. The driver of the car did not

stop or change direction, and nearly hit
the horse, and, the frightened animal
jumped to its death. The driver of the
car is guilty of negligence because he
SUGGESTED ANSWER:
had a fair opportunity to avoid the

accident and failed to avail himself of
that opportunity. He is liable under the
doctrine of last clear chance (Picart v.
Smith, 37 Phil. 809, 1918).
No one is liable. The possessor of an

animal or whoever may make use of the
same is responsible for the damage it
may cause, although it may escape or be
lost. This responsibility shall cease only
in case the damage should come from
force majeure or from the fault of the
person who has suffered damage (Art
Liability; Owner of a Pet; Fortuitous
2183, NCC).
No.XII. On May 5, 1989, 16-year old

Rozanno, who was issued a student permit,
drove to school a car, a gift from his
parents. On even date, as his class was
Liability; Special Parental Authority
(2010)
scheduled to go on a field trip, his teacher

requested him to accommodate in his car,
as he did, four (4) of his classmates
Page 113 of 180
(B). How about the damage to the jeepney?

because the van rented by the school was
Explain. (2%)
too crowded. On the way to a museum

which the students were scheduled to visit,
Rozanno made a wrong maneuver, causing
SUGGESTED ANSWER:
a collision with a jeepney. One of his

classmates died. He and the three (3) others
were badly injured.
With respect to the damages caused to

the jeepney, only Rozanno should be
held liable because his negligence or
(A). Who is liable for the death of Rozannos
tortuous act was the sole, proximate and
classmate and the injuries suffered by
immediate cause thereof.
Rozanno and his 3 other classmates?

Explain. (2%)
(C). Under the same facts, except the date of

SUGGESTED ANSWER:
occurrence of the incident, this time in

mid-1994, what would be your answer?
Explain. (2%)
At the time the incident occurred in May

1989, Rozanno was still a minor. Being a
SUGGESTED ANSWER:
minor, Art 218 of the Family Code

applies. Pursuant to Art 218, the school,
its administrators and teachers shall be
Since Rozanno was 16 years old in 1989,
liable for the acts of minor Rozanno
if the incident happened sometime in
because of the special parental authority
the middle of 1994, Rozanno have been
and responsibility that they exercise
21 years old at the time. Hence, he was
over him. The authority applies to all
already of legal age. The law reducing the
authorized activities, whether inside or
age of majority to 18 years took effect in
outside the premises of the school,
December 1989.
entity or institution. The field trip on

which occasion Rozanno drove the car,
was an authorized activity, and , thus,
covered by the provision. Furthermore,
the parents of Rozanno are subsidiarily
liable pursuant to Art 219 (FC), and
principally liable under Art 221 (FC), if
they are negligent.
Being of legal age, articles 218, 219, and

221 of the Family Code are no longer
applicable. In such case, only Rozanno
will be personally responsible for all the
consequences of his act unless his
school or his parents were themselves
also negligent and such negligence
contributed to the happening of the
parents are not liable under Art 218, 218
incident. In that event, the school or his
or 221 of the Family Code, but will be
Page 114 of 180
exemplary
damages, P1 00,000 nominal
liable under general provision on the
Civil Code on quasi-delict.
damages
and P50,000 attorney's fees.
Assuming the police report to be correct

Quasi-Delict; Claims; Requisites (2013)
and as the lawyer for the bicycle rider, what

evidence (documentary and testimonial)
and legal arguments will you present in
No.II. A collision occurred at an intersection

involving a bicycle and a taxicab. Both the
bicycle rider (a businessman then doing his
morning exercise) and the taxi driver
court to justify the damages that your client

claims? (8%)
claimed that the other was at fault. Based

on the police report, the bicycle crossed the
intersection first but the taxicab, crossing
at a fast clip from the bicycle's left, could
SUGGESTED ANSWER:
not brake in time and hit the bicycle's rear

wheel, toppling it and throwing the bicycle
rider into the sidewalk 5 meters away.
I will the base the claim of my client on
quasi-delict under Art 2176 of the Civil
The bicycle rider suffered a fractured right
Code of the Philippines. The requisites
knee, sustained when he fell on his right
for a claim under quasi-delict to prosper
side on the concrete side walk. He was

hospitalized and was subsequently
are as follows:
operated on, rendering him immobile for 3

weeks and requiring physical rehabilitation
for another 3 months. In his complaint for
damages, the rider prayed for the award
Act or omission, there being fault or

negligence;
ofP1,000,000 actual damages,P200,000

Damage or injury; and
moral
damages, P200,000
To prove actual damages aside from the

Causal connection between the damage
and the act or omission.
testimony of client, I will present his

hospital and medical bills. Receipts paid
on the rehabilitation will also be
presented. [The sentence in red should
The case clearly involves quasi-delict

where my client, the bicycle rider,
suffered injury as a result of the
negligence of the over-speeding taxi
driver, without fault on my clients part.
be replaced with the following sentence

because he is a businessman and not an
employee. Furthermore, I will present
income tax returns, contracts and other
documents to prove unrealized profits as
a result of this temporary injury.] I will
Page 115 of 180
Exemplary damages may be granted if

the defendant acted in wanton,
also call the attending physician to
testify as to the extent of the injuries
suffered by my client, and to corroborate
the contents of the medical documents.
fraudulent, reckless, oppressive, or

malevolent manner. While the amount of
exemplary damages may not be proved,
Based on Art. 2202, in quasi-delicts, the

defendant shall be liable for all damages
which are the natural and probable
consequences of the act or omission
complained of. It is not necessary that
the damages have been foreseen or could
have been foreseen by the defendant.
the plaintiff must show that he is

entitled to moral or compensatory
damages. In support of this, I will
present the police report showing the
circumstance under which the accident
took place, taking into account the
actions of the parties. I will ask the
officials who responded to the accident
to testify as to the conduct of the
Unlike actual damages, no proof of

pecuniary loss is necessary in order that
moral, nominal, temperate liquidated or
parties at the time of the accident in

order to determine whether defendant
was guilty of gross negligence.
exemplary damages may be adjudicated.

The assessment is left to the discretion
of the Court (Art. 2216, Civil Code).
There must be proof pecuniary
estimation, however.
Finally, attorneys fees may be recovered

when exemplary damages are awarded
Moral damages can be recovered by my

client under Articles 2219 and 2200.
Moral damages may be recovered in case
of a quasi-delict causing physical
injuries. Additionally, it must be proved
Quasi Tort (2010)
that such damages were the proximate

result of the act complained of. Medical
certificates will be presented, along with
the testimony from my client and other
eyewitness accounts, in order to support
the award for moral damages.

each)
(B). Define quasi tort. Who are the persons
Note: It is recommended that the examiner
liable under quasi torts and what are the
exercise leniency and liberality in grading
defenses available to them?
the answers given to this question. The term

quasi-tort is not part of legal developments
in civil law. In Philippine legal tradition,
quasi-
Page 116 of 180
Quasi -tort is considered as the

equivalent of quasi-delict. Hence the
rules of the latter pertaining to persons
delict has been treated as the closest civil
law equivalent of the common law tort. In
fact, in a number of Supreme Court
decisions, the two terms have been
considered synonymous. In reality, however,
who can be held liable and their defenses
the common law tort is much broader in
would also apply.
scope than the civil law quasi-delict. In

recent developments in common law, the
concept of quasi-torts can be considered as
the closest common law equivalent of the
Those liable for quasi-delict include:
civil law concept of quasi-delict. This is

because it is argued that the growing
recognition of quasi-torts as a source of
obligation is hinged on the acceptance at
common law of the civil law principles of
Those tortfeasor or the person causing

damage to another through fault or
negligence ( Article 2176 NCC ); and
quasi-delict.
Persons vicariously liable under Article
SUGGESTED ANSWER:
2180 (NCC ).
Quasi -tort is a legal concept upholding

the doctrine that some legal duty exists
that cannot be classified strictly as a
personal duty (thus resulting in a tort),
The defenses available include:
nor as a contractual duty but rather

some other kind of duty recognizable by
the law. Tort or Quasi-tort is an
That the defendant was not negligent or
Anglo American or Common Law
that he exercised due diligence ( Article
concept, while Delict or Quasi-Delict
2176 NCC );
is a Civil Law concept (Wikipedia

encyclopedia).
That although the defendant is negligent
his negligence is not the proximate
ALTERNATIVE ANSWER:
cause of the injury ( Article 2179 NCC );
That the plaintiff's own negligence was
That the cause of action has
the immediate and proximate cause of

his injury ( Article 2179 NCC );
prescribed after the lapse s (Article 2179
NCC ).
(d ) That the person vicariously liable
has observed all the diligence of a good
father of a family to prevent damage
The fact that the plaintiff had
( Article 2180 NCC ); and
committed contributory negligence is a

partial defense (Art 2179, NCC).
Page 117 of 180
The net value of Armand's estate is
MULTIPLE CHOICE
QUESTIONS
Pl,200,000.
I. (1) How much do Benny and Bonnie

stand to inherit by right of representation?
(1%)
2013
Taxation Law
Exam
P200,000
MCQ (October 13, 2013)
P300,000
P400,000
I. Armand died intestate. His full-blood
brothers, Bobby and Conrad, and half-
P150,000
blood brothers, Danny, Edward and Floro,

all predeceased him. The following are the
surviving relatives:
None of the above.
Benny and Bonnie, legitimate children of

Bobby;
SUGGESTED ANSWER:
Cesar, legitimate child of Conrad;
(E) None of the above.
Dante, illegitimate child of Danny;
If all the brothers/sisters are disqualified
to inherit, the nephews/nieces inherit
Ernie, adopted child of Edward; and
Felix, grandson of Floro.
per capita, and not by right of
Armand. In the absence of proof to the
representation (Art 975, Civil Code)
contrary, the law presumes that the

relationship is legitimate. Thus, Dante,
an illegitimate child of Danny, is barred
from inheriting from Armand pursuant
I. (2) How much is Dante's share in the net

estate? (1%)
to the iron curtain rule which

disqualifies an illegitimate child from
inheriting ab intestao from the
legitimate children and relatives of his
P150,000.
father or mother, and vice versa (Art

992, Civil Code).
P200,000.
I. (3) How much is Ernie's share in the net
P300,000.
estate . (1%)
P400,000.
P 0.
None of the above.
P400,000.
P150,000.
SUGGESTED ANSWER: E. None of the
above.
There is no showing that Danny is an

illegitimate half-blood brother of
P200,000.
None of the above. SUGGESTED

ANSWER:
Page 118 of 180
SUGGESTED ANSWER:
(A) 0 or (E) None of the above.
(D). 0. Or (E) None of the above.
The legal relationship created by
In the collateral line, representation is
adoption is strictly between the adopter
granted only to children of brother or
and the adopted. It does not extend to
sisters, Felix is a grandson of a
the relatives of either party (Sayson v.
predeceased brother.
CA, G.R. Nos. 89224-25, Jan 23, 1992).

(Note: E. None of the above: is another
(Note: E. None of the above is another
answer because Felix has no share at
answer because Ernie has no share at
all in the net estate)
all in the net estate).
II. A, B, C and D are the solidary debtors of

I. (4) How much is Felix's share in the net
X for P40,000. X released D from the
estate? (1%)
payment of his share of PI 0,000. When the

obligation became due and demandable, C
turned out to be insolvent.
P400,000.
P150,000.
Should the share of insolvent debtor C be

divided only between the two other
P300,000.
P0.
remaining debtors, A and B? (1%)
Yes. Remission of D's share carries with it

total extinguishment of his obligation to the
benefit of the solidary debtors.
None of the above.

Yes. The Civil Code recognizes remission as
a mode of extinguishing an obligation. This
clearly applies to D.
No. The rule is that gratuitous acts should
because of his insolvency, reimburse his
be restrictively construed, allowing only the
share to the debtor paying the
least transmission of rights.
obligation, such share shall be borne by

all his co-debtors, in proportion to the
No, as the release of the share of one

debtor would then increase the burden of
the other debtors without their consent.
debt of each (Art 1217, Civil Code).

Additionally, D was released only from
his share of P10,000.00 not from the
solidary tie that binds him to A, B and C.
SUGGESTED ANSWER:
III. Amador obtained a loan of P300,000
(D). No, as the release of the share of one
debtor would then increase the burden of
the other debtors without their consent.
When one of the solidary debtors cannot,
from Basilio payable on March25, 2012. As

security for the payment of his loan,
Amador constituted a mortgage on his
residential house and lot in Basilio's favor.
Page 119 of 180
(B) No, Basilio cannot compel Cacho to

pay because Basilio has not exhausted
the available remedies against Amador.
Cacho, a good friend of Amador, guaranteed
and obligated himself to pay Basilio, in case
Amador fails to pay his loan at maturity.
The guarantor cannot be compelled to

pay the creditor unless the latter has
exhausted all the property of the debtor
and has resorted to all the legal remedies
III. (1) If Amador fails to pay Basilio his loan
against the debtor (Art. 2058, Civil Code)
on March 25, 2012, can Basilio compel

Cacho to pay? (1%)
(Note: A is not the correct answer
because it states that all the assets of
No, Basilio cannot compel Cacho to pay

because as guarantor, Cacho can invoke the
principle of excussion, i.e., all the assets of
Basilio must first be exhausted.
No, Basilio cannot compel Cacho to pay

because Basilio has not exhausted the
available remedies against Amador.
Basilio (the creditor) must first be

exhausted)
III. (2) If Amador sells his residential house

and lot to Diego, can Basilio foreclose the
real estate mortgage? (1%)
Yes, Basilio can compel Cacho to pay

because the nature of Cacho's undertaking
indicates that he has bound himself
Yes, Basilio can foreclose the real estate
solidarily with Amador.
mortgage because real estate mortgage

creates a real right that attaches to the
property.
Yes, Basilio can compel Cacho who bound

himself to unconditionally pay in case
Amador fails to pay; thus the benefit of
Yes, Basilio can foreclose the real estate
excussion will not apply.
mortgage. It is binding upon Diego as the

mortgage is embodied in a public
instrument.
SUGGESTED ANSWER:
No, Basilio cannot foreclose the real
(B) Yes, Basilio can foreclose the real
estate mortgage. The sale confers
estate mortgage. It is binding upon Diego
ownership on the buyer, Diego, who must
as the mortgage is embodied in a public
therefore consent.
instrument.
No, Basilio cannot foreclose the real estate
Since the mortgage is in a public
mortgage. To deprive the new owner of
instrument, there is constructive notice
ownership and possession is unjust and

inequitable.
SUGGESTED ANSWER:
to Diego, who is the buyer if the

mortgaged property.
ALTERNATIVE ANSWER:
Page 120 of 180
Yes, Jose's refusal is justified. He is obliged

(C) No, Basilio cannot foreclose the real
estate mortgage. The sale confers
ownership on the buyer, Diego, who must
to pay for all the ordinary and

extraordinary expenses, but subject to
reimbursement from Cruz.
therefore consent.
Yes, Jose's refusal is justified. The principle
of unjust enrichment warrants the
The mortgage is not registered, thus,
reimbursement of Jose's expenses.
cannot be binding against third persons

(Art. 2125, Civil Code)
(D) No, Jose's refusal is not justified. The

expenses he incurred are useful for the
IV. Cruz lent Jose his car until Jose
preservation of the thing loaned. It is
finished his Bar exams. Soon after Cruz
Jose's obligation to shoulder these useful
delivered the car, Jose brought it to
expenses.
Mitsubishi Cubao for maintenance check

up and incurred costs of P8,000. Seeing the
car's peeling and faded paint, Jose also had
the car repainted for P10,000. Answer the
SUGGESTED ANSWER:
two questions below based on these

common facts.
(D) No, Jose's refusal is not justified. The

expenses he incurred are useful for the
preservation of the thing loaned. It is
IV. (1) After the bar exams, Cruz asked for

the return of his car. Jose said he would
Jose's obligation to shoulder these useful

expenses.
return it as soon as Cruz has reimbursed

him for the car maintenance and repainting
costs of P 18,000.
In commodatum, the bailee is obliged to

pay for the ordinary expenses for the use
and preservation of the thing loaned (Art
Is Jose's refusal justified? (1%)
1941, Civil Code).
No, Jose's refusal is not justified. In this
The bailee, Jose, has no right of
kind of contract, Jose is obliged to pay for
retention on the ground that the bailor
all the expenses incurred for the
owes him something, even if it may be
preservation of the thing loaned.
by reason of expenses. He can only
retain it if he suffers damages by reason
parked the car at the Mall of Asia's open
of a flaw or defect in the thing loaned of
parking lot, with the ignition key inside the
which the bailor knows (Art 1951, Civil
car. Car thieves broke into and took the car.
Code).
Is Jose liable to Cruz for the loss of the car

IV. (2) During the bar exam month, Jose
due to Jolie's negligence? (1%)
lent the car to his girlfriend, Jolie, who
Page 121 of 180
No, Jose is not liable to Cruz as the loss
V. In 2005, L, M, N, 0 and P formed a
was not due to his fault or negligence.
partnership. L, M and N were capitalist

partners who contributed P500,000 each,
while 0, a limited partner, contributed P1 ,
No, Jose is not liable to Cruz. In the

absence of any prohibition, Jose could lend
the car to Jolie. Since the loss was due to
000,000. P joined as an industrial partner,

contributing only his services. The Articles
of Partnership, registered with the
force majeure, neither Jose nor Jolie is

liable.
Yes, Jose is liable to Cruz. Since Jose

lent the car to Jolie without Cruz's
consent, Jose must bear the consequent
Securities and Exchange Commission,

designated L and 0 as managing partners; L
was liable only to the extent of his capital
contribution; and P was not liable for
loss of the car.
losses.
Yes, Jose is liable to Cruz. The contract
In 2006, the partnership earned a net profit
between them is personal in nature. Jose
of P800,000. In the same year, P engaged in
can neither lend nor lease the car to a third
a different business with the consent of all
person.
the partners. However, in 2007, the

partnership incurred a net loss of
P500,000. In 2008,the partners dissolved
SUGGESTED ANSWER:
the partnership. The proceeds of the sale of

partnership assets were insufficient to
settle its obligation. After liquidation, the
(C) Yes, Jose is liable to Cruz. Since Jose

lent the car to Jolie without Cruz's
partnership had an unpaid liability

ofP300,000.
consent, Jose must bear the consequent

loss of the car.
V. (l) Assuming that the just and equitable
The bailee is liable for the loss of the
thing, even if it should be through a
fortuitous event if he lends or leases the
thing to a third person, who is not a
share of the industrial partner, P, in the

profit in 2006 amounted to P1 00,000, how
much is the share of 0, a limited partner, in
the P800,000 net profit? (1%)
member of his household (Art 1942, Civil

Code).
P160,000.
P175,000.
SUGGESTED ANSWER:
P280,000.
(C) P280,000.
P200,000.
First, deduct the share of P from the

profits. P800,000 less P100,000 is
P700,000. Next, get the share of O by
None of the above.
following the proportion that the shares

of L, M, N, O is 1:1:1:2, respectively.
Page 122 of 180
partner in the losses shall be

proportionate to what he may have
contributed (Art 1797).
V. (2) In 2007, how much is the share of 0,

a limited partner, in the net loss of
P500,000? (1%)
P 0.
V. (3) Can the partnership creditors hold L,

0 and Pliable after all the assets of the
partnership are exhausted? (1%)
(A) Yes. The stipulation exempting P from

losses is valid only among the partners. L is
P1 00,000.
liable because the agreement limiting his

liability to his capital contribution is not
valid insofar as the creditors are concerned.
P125,000.
Having taken part in the management of

the partnership, 0 is liable as capitalist
partner.
P200,000.
None of the above.
No. P is not liable because there is a valid

stipulation exempting him from losses.
Since the other partners allowed him to
engage in an outside business activity, the
stipulation absolving P from liability is
SUGGESTED ANSWER:
valid. For 0, it is basic that a limited

partner is liable only up to the extent of his
capital contribution.
(D) P200,000
Yes. The stipulations exempting P and L
A limited partner shall not become liable
from losses are not binding upon the

creditors. 0 is likewise liable because the
a s a general partner unless, in addition
partnership was not formed in accordance
to the exercise of his rights and powers
with the requirements of a limited
as a limited partner, he takes part in the
partnership.
control of the business (Art 1948, Civil

Code). In the absence of stipulation as to
profits and losses, the share of each
No. The Civil Code allows the partners to

stipulate that a partner shall not be liable
for losses. The registration of the Articles of
Partnership embodying such stipulations
(E) None of the above is completely

accurate.
serves as constructive notice to the

partnership creditors.(E) None of the above
is completely accurate.
VI. Gary is a tobacco trader and also a

lending investor. He sold tobacco leaves to
Homer for delivery within a month,
None of the above is completely

accurate.
although the period for delivery was not

guaranteed. Despite Gary's efforts to deliver
on time, transportation problems and
government red tape hindered his efforts
SUGGESTED ANSWER:
and he could only deliver after 30 days.
Page 123 of 180
Yes. Homer was justified in his refusal to

accept the delivery. The contract
contemplates an obligation with a term.
Homer refused to accept the late delivery
and to pay on the ground that the agreed
term had not been complied with.
Since the delivery was made after 30 days,

contrary to the terms agreed upon, Gary
could not insist that Homer accept the
tobacco leaves.
As lending investor, Gary granted a

Pl,000,000 loan to Isaac to be paid within
two years from execution of the contract. As
security for the loan, Isaac promised to
deliver to Gary his Toyota Innova within
seven (7) days, but Isaac failed to do so.
Gary was thus compelled to demand
payment for the loan before the end of the
agreed two-year term.
(D) No. Homer was not justified in refusing

to accept the tobacco leaves. There was no
term in the contract but a mixed condition.
The fulfillment of the condition did not
depend purely on Gary's will but on other
factors, e.g., the shipping company and the
government. Homer should comply with his
obligation.
VI. (l) Was Homer justified in refusing to
SUGGESTED ANSWER:
accept the tobacco leaves? (1%)

(B) No. Homer was not justified in
Yes. Homer was justified in refusing to
refusing to accept the tobacco leaves. He
accept the tobacco leaves. The delivery was
consented to the terms and conditions
to be made within a month. Gary's promise

of delivery on a "best effort" basis made the
delivery uncertain. The term, therefore, was
ambiguous.
No. Homer was not justified in refusing

to accept the tobacco leaves. He
consented to the terms and conditions
of the sale and must abide by it.
Obligations arising from contract have
the force of law between the contracting
parties.
of the sale and must abide by it.

parties.
It is clear under the facts that the period

of delivery of the tobacco leaves was not
guaranteed. Gary anticipated other
factors which may prevent him from
making the delivery within a month.
True enough, transportation problems
and government red tape did. Such
slight delay was, thus, excusable.

parties and should be complied with in
good faith (Art. 1160, Civil Code)
VI. (2) Can Gary compel Isaac to pay his

loan even before the end of the two-year
period? (1%)
Page 124 of 180
the P1,000,000
simplybecause
Yes, Gary can compel Isaac to
immediately pay the loan. Noncompliance with the promised guaranty
the
promised security was not delivered.
or security renders the obligation

immediately demandable. Isaac lost his
right to make use of the period.
Yes, Gary can compel Isaac to immediately
SUGGESTED ANSWER:
pay the loan. The delivery of the Toyota

Innova is a condition for the loan. Isaac's
failure to deliver the car violated the
(A) Yes, Gary can compel Isaac to
condition upon which the loan was granted.
immediately pay the loan. Non-
It is but fair for Gary to demand immediate
compliance with the promised guaranty
payment.
or security renders the obligation

immediately demandable. Isaac lost his
right to make use of the period.
No, Gary cannot compel Isaac to

immediately pay the loan. The delivery of
the car as security for the loan is an
accessory contract; the principal contract is
still the P 1,000,000 loan. Thus, Isaac can
Under Art 1198 (2) of the Civil Code, the
still make use of the period.
debtor shall lose every right to make use

of the period when he does not furnish
to the creditor the guaranties or
No, Gary cannot compel Isaac to
securities which he has promised.
immediately pay the loan. Equity dictates

that Gary should have granted a reasonable
extension of time for Isaac to deliver his
Toyota Innova. It would be unfair and
VII. Lito was a commercial pilot who flew for
Pacific-Micronesian Air. In 1998, he was the
burdensome
co-pilot of the airline's Flight MA916 that
for
take-off from Agana, Guam, presumably
Isaac
mysteriously disappeared two hours after

over the Pacific Ocean. No trace of the plane
and its 105 passengers and crew was ever
to
found despite diligent search; Lito himself
pay
his wife, Lita, and their two children.
was never heard of again. Lito left behind
extreme surprise that registered in his face

when he also saw her. Shocked, she
immediately fled to her hotel and post haste
In 2008, Lita met and married Jaime. They
now have a child of their own.
returned to the country the next day. Lita

now comes to you for legal advice. She asks
you the following questions:
While on a tour with her former high school

classmates in a remote province of China in
2010, Lita was surprised to see Lito or
somebody who looked exactly like him, but
she was sure it was Lito because of the
VII. (l) If Lito is alive, what is the status of

his marriage to Lita? (1%)
Page 125 of 180
The marriage subsists because the marital

bond has not been terminated by death.
VII. (2) If Lito is alive, what is the status of

Lita's marriage to Jaime? (1%)
The marriage was terminated when Lita

married Jaime.
(A) The marriage is valid because Lita's
The marriage subsists because Lita's
marriage to Lito was terminated upon Lito's
marriage to Jaime is void.
disappearance for more than seven years.
The marriage is terminated because Lito is

presumed dead after his plane has been
missing for more than 4 years.
The marriage is valid. After an absence of

more than 10 years, Lito is already
presumed dead for all purposes.
The marriage can be formally declared

terminated if Lito would not resurface.
The marriage is void. Lito's mere absence,

however lengthy, is insufficient to authorize
SUGGESTED ANSWER:
Lita to contract a subsequent marriage.
The marriage is void. If Lito is indeed alive,

(C) The marriage subsists because Lita's
his marriage to Lita was never dissolved
marriage to Jaime is void.
and they can resume their marital relations

at any time.
For the purpose of contracting the

subsequent marriage under Art 41 of the
Family Code, the spouse present must
institute a summary proceeding as
provided in the Family Code for the
SUGGESTED ANSWER: Any answer is

correct.
declaration of presumptive death of the

absentee, without prejudice to the effect
of the reappearance of the absent
spouse.
Under Art 390 of the Civil Code, after an

absence of seven years, it being unknown
whether or not the absentee still lives,
he shall be presumed dead doe all
VIII.Which of the following actions or
purposes, except for those of succession.
defenses are meritorious: (1%)
This provision was not repealed by the

present Family Code. Applying this to
the problem, (A) may be correct. (B) may
also be correct. (C) and
An action for recovery of down payment

paid under a rescinded oral sale of real
(D) may also be correct under Art 41 of
property.
the Family Code.

A defense in an action for ejectment that
the lessor verbally promised to extend or
renew the lease.
Page 126 of 180
payment, then the vendee can file an

action to recover the down payment.
An action for payment of sum of money filed
against one who orally promised to answer
another's debt in case the latter defaults.
If, on the other hand, the vendor and the

vendee mutually agree to rescind i.e.
cancel the contract, the vendee likewise
A defense in an action for damages that the

debtor has sufficient, but unliquidated
assets to satisfy the credit acquired when it
can file an action for the recovery of the

down payment on the basis of solution
indebiti.
becomes due.
None of the above.
ALTERNATIVE ANSWER:
SUGGESTED ANSWER:
(E) None of the above.
(A) An action for recovery of down
payment paid under a rescinded oral sale
of real property.
The recovery of the down payments

should be made in the same action for
rescission. Otherwise, it would be a
An oral sale of real property is an

unenforceable contract under the
ground for dismissal under Rule 2, Sec 4

of Rules of Court.
Statute of Frauds. Since, in the problem,

the vendee paid down payment, it takes
it out of the ambit of Statute of Frauds.
The rescission here must be in the sense
of resolution of the reciprocal obligation
arising from the contract of sale. If
rescinded (resolved) by the vendee on
Lease of a real property is covered by the

Statute of Frauds. Furthermore, it also
consists of interest in real property.
Hence, it must be in writing. (Art 1403,
Civil Code)
account of the vendors failure to deliver

the thing sold, the parties will go back to
their status prior to the contract. If the
vendor refuses to return the down
A contract of guaranty is a promise to

answer for the debt of another and
hence, it is also covered by the Statute
of Frauds. It must be in writing before it
can be enforced in a court action. (Art
correct answer. Hence, letter E is also a
1403, Civil Code)
possible answer.
The fact that a debtor has unliquidated

assets does not excuse him from paying
his debt.
IX. Betty entrusted to her agent, Aida,

several pieces of jewelry to be sold on
commission with the express obligation to
turn over to Betty the proceeds of the sale,
In the technical meaning of rescission
or to return the jewelries if not sold in a
under Art 1191 of the Civil Code will be
month's time. Instead of selling the
adhered to, then there is no absolutely
jewelries, Aida pawned them with the
Page 127 of 180
in light of the unlawful deprivation of the

jewelries. However, equity dictates that
Tambunting must be reimbursed for the
Tambunting Pawnshop, and used the
pawn value of the jewelries.
money for herself. Aida failed to redeem the

pawned jewelries and after a month, Betty
discovered what Aida had done. Betty
brought criminal charges which resulted in
Aida's conviction for estafa.
I will rule in favor of Tambunting. Its good

faith takes precedence over the right of
Betty to recover the jewelries.
Betty thereafter filed an action against
I will rule in favor of Tambunting. Good
Tambunting Pawnshop for the recovery of
faith is always presumed. Tambunting's
the jewelries. Tambunting raised the
lawful acquisition in the ordinary course of
defense of ownership, additionally arguing
business coupled with good faith gives it
that it is duly licensed to engage in the
legal right over the jewelries.
pawnshop and lending business, and that it

accepted the mortgage of the jewelry in
good faith and in the regular course of its
business.
SUGGESTED ANSWER:
(A) I will rule in favor of Betty. My ruling

is based on the Civil Code provision that
If you were the judge, how will you decide
one who has lost any movable or has
the case? (1%)
been unlawfully deprived thereof may

recover it from the person in possession
of the same. Tam bunting's claim of good
faith is inconsequential.
I will rule in favor of Betty. My ruling is

based on the Civil Code provision that
one who has lost any movable or has
been unlawfully deprived thereof may
Although possession of movable property
recover it from the person in possession
acquired in good faith is equivalent to a
of the same. Tam bunting's claim of good
title, nevertheless, one who has lost any
faith is inconsequential.
movable or has been unlawfully deprived

thereof may recover it from the person
in possession of the same. Betty has
I will rule in favor of Betty. Tambunting's

claim of good faith pales into insignificance
been deprived unlawfully of her jewelries

by the estafa committed by Aida. The
pledge of the said jewelries by Aida to
(2), Civil Code). Tambuntings claim of
Tambunting pawnshop is void because
good faith is inconsequential, because,
the pledgor is not the owner (Art 2085
aside from good faith, Tambunting must

prove also that it acquired the jewelries
at a public sale in order to be able to
retain the jewelries until reimbursed by
Page 128 of 180
prompting Janet to file an action to recover

the payments. Arlene filed a motion to
dismiss, claiming that the lease on which
Betty the amount of loan including
the action is based, is unenforceable.
interest (Art 559, Civil Code).
If you were the judge, would you grant

The only exception the law allows is
Arlene's motion? (1%)
when there is acquisition in good faith of

the possessor at a public sale, in which
case, the owner cannot obtain its return
without reimbursing the price (Dizon v.
Yes, I will grant the motion because the
Suntay, 47 SCRA 160, Sept 29, 1972).
lease contract between Arlene and Janet

was not in writing, hence, Janet may not
enforce any right arising from the same
contract.
X. Arlene owns a row of apartment houses

in Kamuning, Quezon City. She agreed to
lease Apartment No. 1 to Janet for a period
of 18 months at the rate of P10,000 per
month. The lease was not covered by any
contract. Janet promptly gave Arlene two
(2) months deposit and 18 checks covering

the rental payment for 18 months. This
show of good faith prompted Arlene to
promise Janet that should Arlene decide to
No, I will not grant the motion because to

allow Arlene to retain the advance
payments would amount to unjust
enrichment.
Yes, I will grant the motion because the

action for recovery is premature; Janet
should first secure a judicial rescission of
the contract of lease.
sell the property, she would give Janet the

right of first refusal.
No. I will not grant the motion because

the cause of action does not seek to
X. (1) Not long after Janet moved in, she

received news that her application for a
enforce any right under the contract of

lease.
Master of Laws scholarship at King's

College in London had been approved.
Since her acceptance of the scholarship
entailed a transfer of residence, Janet asked
Arlene to return the advance rental
payments she made. Arlene refused,
SUGGESTED ANSWER:
(D) No. I will not grant the motion
Statute of Frauds as the same has
because the cause of action does not
already been partially performed.
seek to enforce any right under the

contract of lease.
Janet is not asking for the continued use

of the leased premises. Moreover, the
contract is aside the ambit of the
X. (2)Assume that Janet decided not to

accept the scholarship and continued
leasing Apartment No. 1. Midway through
Page 129 of 180
SUGGESTED ANSWER:
the lease period, Arlene decided to sell
Apartment No. 1 to Jun in breach of her
promise to Janet to grant her the right of
(D) No, a right of first refusal involves an
first refusal. Thus, Janet filed an action
interest over real property that must be
seeking the recognition of her right of first
embodied in a written contract to be
refusal, the payment of damages for the
enforceable.
violation of this right, and the rescission of

the sale between Arlene and Jun.
The right of first refusal involves a
Is Janet's action meritorious? (1%)
Yes, under the Civil Code, a promise to buy

and sell a determinate thing is reciprocally
demandable.
transfer of interest in the real property.

As such, it is covered by the Statute of
Frauds under Art 1403 (2)(e) of the Civil

Code. It must be in writing in order to be
enforceable.
No, the promise to buy and sell a

determinate thing was not supported by a
consideration.
2012
Yes, Janet's right of first refusal was clearly
violated when the property was not offered
Taxation Law
Exam
for sale to her before it was sold to Jun.
MCQ (October 14, 2012)

No, a right of first refusal involves an
interest over real property that must be
embodied in a written contract to be
enforceable.
Which of the following is NOT included in

the attributes of juridical capacity?
None of the above.
Juridical capacity is inherent in every

natural person, and therefore it is not
acquired.
Juridical capacity is lost only through
Marriage
Deaf-mute
death.
Civil Interdiction
Juridical capacity is the fitness to be the
subject of legal relations.
Juridical capacity cannot exist without
SUGGESTED ANSWER:
capacity to act.
This question should be disregarded.
Which of the following is NOT a restriction

on ones capacity to act?
(NOTE: There is no correct answer among

the choices given. All choices are restrictions
on ones capacity to act. While Marriage is
the only one not mentioned in Articles 38
Minority
and 39 of the NCC as a restriction on
Page 130 of 180
law of the country where the properties of

the decedent are located.
capacity to act, it restricts the capacity of a
married person in cases of adoption.)
Atty. BUKO, a Filipino, executed a will while
he was in Spain. The attestation clause of
the said will does not contain Bukos
This attribute or incident of a case
determine whether it is a conflict-of-laws
case or one covered by domestic law.
Cause of action
signature. It is valid under Spanish law. At

its probate in Manila, it is being opposed on
the ground that the attestation clause does
not contain BUKOs signature.
Is the opposition correct? Choose the best

answer..
Foreign element
Yes, because it is a fatal defect.
Jurisdiction
Forum non conveniens
Yes, the will is not valid under Philippine

law.
The capacity of an heir to succeed shall be

governed by the:
national law of the decedents heirs
No, attestation clause is not an act of

the testator.
No, the governing law is Spanish law.
law of the country where the decedent was

a resident at the time of his death
Note: The facts do not state the Law

observed by the testator in executing his
will. He could have observed Spanish Law
national law of the person who died
or Philippine Law (see comment of Tolentino

to Art. 815 NCC in 3Tolentino117, 1992). If
he observed Spanish Law, the opposition is
not correct because the will is valid under

Spanish Law, hence choice (d) is the correct
answer. If he observed Philippine Law, the
opposition is still not correct because
Philippine Law does not require the testator
to sign the Attestation Clause of his will,
said clause not being his act. In such case,
choice (c) is the correct answer).
Filipino son, Ramgen. Ramons other

children RJ and Ramona, both Turkish
nationals, are disputing the bequest to
Ramgen. They plotted to kill Ramgen.
Ramon learned of the plot, so he tore his
will in two pieces out of anger. Which
statement is most accurate?
a) The mere act of Ramon Sr. is immaterial

6. Ramon, a Filipino, executed a will in
because the will is still readable.
Manila, where he left his house and located

in BP Homes Paraaque in favor of his
Page 131 of 180
If a will is executed by a testator who was

born a Filipino citizen but became
naturalized Japanese citizen at the time of
The mere act of tearing the will amounts to
revocation.
his death, what law will govern its

testamentary provisions if the will is
executed in China and the property being
disposed is located in Indonesia?
The tearing of the will may amount to

revocation if coupled with intent of
revoking it.
The act of tearing the will is material.
Chinese law
Philippine law
Indonesia law
Even if the applicable law is a foreign law, a
count in the Philippines may be constrained
to apply Philippine law under any of the
Japanese law
following instances, except:
when the foreign law, judgment or contract

is contrary to a sound and important public
policy of the forum;
A Japanese national and a Filipino national
entered into a contract for services in
when the property subject of the case is
located outside of the Philippines;
when the foreign law or judgment is

penal in nature;
when the foreign law is procedural in
Thailand. The services will be rendered in

Singapore. In case of breach, what law will
govern?
Thailand law
Philippine law
nature.
Singapore law
Japanese law
A French national revokes his will in Japan

Pedro (Filipino) and his wife Jane
(American) executed a joint will in Canada,
where such joint will is valid. In case the
joint will is probated in Japan, what law
will govern the formalities of the joint will?
where he is domiciled. He then changed his

domicile to the Philippines where he died.
The revocation of his will in Japan is valid
under Japanese law but invalid under
Philippine law. The affected heir is a
Malaysian national residing in the
Philippines. What law will apply?
American law
Japanese law
Philippine law
Philippine law
Canadian law
French law
Japanese law
Malaysian law
Page 132 of 180
with the laws of the place where the will

was executed.
In the absence of contrary stipulation in a
marriage settlement, property relations of
Filipino spouses shall be governed by ---
Pedro (Filipino and Bill (American) entered

into a contract in Australia, whereby it was
Philippines laws
agreed that Pedro will build a commercial

building for Bill in the Philippines, and in
payment for the construction, Bill will
Law of the place where the spouses reside
Law of the place where the properties are

situated
Law of the place where they were married.
transfer and convey his cattle ranch located

in Japan in favor of
Pedro. In case Pedro performs his
obligation, but Bill fails or refuses to pay,

what law will govern?
The will of a Filipino executed in a foreign

country ---
cannot be probated in the Philippines;
may be probated in the Philippines provided
American law
Philippine law
Australian law
that properties in the estate are located in

the Philippines;
cannot be probated before the death of the

testator;
may be probated in the Philippines

provided it was executed in accordance
Japanese law
(Facts for item numbers 15-18)
In 1989, Charice (Filipina) and Justine

(American), were married in the
Philippines. In 1990, they separated and
Justine went to Las Vegas where he
Valid
obtained a divorce in the same year. He

then married another Filipina, Lea, in
Canada on January 1, 1992. They had two
(2) sons, James and John (who were both
Void
born in 1992). In 1993, after failing to hear

from Justine, Charice married Bugoy (a
Filipino), by whom she had a daughter,
Voidable
Regine. In 2009, Regine married James

(son of Justine with Lea) in California,
where such marriage is valid.
Dissolved
(Note: While Art 26 of the FC does not

15. What is the current status of the
marriage of Charice and Justine under
Philippine laws?
categorically provide that the first marriage

is dissolved by the divorce obtained by the
foreign spouse abroad, but provides that
such divorce merely gives the Filipino spouse
the capacity to contract a second marriage, it
Page 133 of 180
is believed that the dissolution of the first
What is the status of the marriage between
marriage us the necessary consequence of
Regine and James under Philippine laws?
the foreign divorce.)

Valid
What id the status of the marriage between

Charice and Bugoy under Philippine laws?
Void
Valid
Voidable
Void
Unenforceable
Voidable
Ricky and Princess were sweethearts.
Princess became pregnant. Knowing that
Unenforceable
Ricky is preparing for the examinations,

Marforth, a lawyer and cousin of Princess,
threatened Ricky with the filing of a
complaint for immorality in the Supreme
Court, thus preventing him from taking
What is the status of the marriage between

Charice and Bugoy under Philippine laws?
Valid
examinations unless he marries Princess.

As a consequence of the threat, Ricky
married Princess. Can the marriage be
Void
annulled on the ground of intimidation

under Article 45 of the Family Code?
Choose the best answer.
Voidable
Yes, because without the threat, Ricky
would not have married Princess.
Unenforceable
Yes, because the threat to enforce the claim
Audrey, single, bought a parcel of land in
of Princess vitiates the consent of Ricky in
Malolos City from Franco for P 1Million. A
contracting the marriage.
contract was executed between them which

already vested upon Audrey full ownership
of the property, although payable in
No, because the threat made by Marforth

is just and legal.
monthly installments for a period of four (4)

years. One (1) year after the execution of
the contract, Audrey got married to Arnel.
They executed a marriage settlement
No, because Marforth is not a party to the

contract of marriage between Princess and
Ricky.
whereby they agreed that their properties

shall be governed by the regime of conjugal
partnership of gains. Thereafter,
subsequent installments were paid from the
conjugal partnership funds. Is the land
conjugal or paraphernal?
Page 134 of 180
The donation is valid.
The land is conjugal because the

installments were paid from the conjugal
partnership funds.
Agay, a Filipino citizen and Topacio, an

Australian citizen, got married in the
consular office of the Philippines in
The land is paraphernal because

ownership thereof was acquired before
the marriage.
Australia. According to the laws of

Australia, a marriage solemnized by a
consular official is valid, provided that such
marriage is celebrated in accordance with
The land is both conjugal and paraphernal

funds of installments were paid from both
the personal funds of Audrey and the
conjugal partnership funds.
the laws of such consular official. Under

Philippine law, what is the status of the
marriage of Agay and Topacio? Choose the
best answer.
The land is paraphernal because it was

Audrey who purchased the same.
Void, because the consular official only

has authority to solemnize marriages
between Filipinos.
Ernesto donated a mobile phone worth P

32,000 to Hubert orally and delivered the
unit to Hubert who accepted. Which
statement is most accurate?
The donation is void and Ernesto may

get mobile phone back.
Valid, because according to the laws of

Australia, such consular official has
authority to celebrate the marriage.
Voidable, because there is an irregularity in

the authority of the consular official to
solemnize marriages.
The donation is void but Ernesto cannot get

the mobile phone back.
Valid, because such marriage is recognized

as valid in the place where it was
celebrated.
The donation is voidable and may be

anulled.
(Note: The issues in the problem is whether

or not the fact that one of the parties to the
marriage was an alien constituted absence
of authority or mere irregularity of authority.
The problem only give the choice, letter (a),
in case it is interpreted as absence of
authority. The problem does not give a
23. Separation of property between spouses

during the marriage may take place only:
choice in case it is interpreted as an

irregularity thereby making all the other
answers wrong).
a) by agreement of the spouses.
Page 135 of 180
b) If one of the spouses has given

b) No trial shall be held without the
ground for legal separation.

6-month cooling off period being
c) Upon order of the court.

observed.
d) If one spouse has abandoned the

c) The spouses will be entitled to live
other.
separately upon the start of the
trial.
24. The husband may impugn the

d) The prosecuting attorney has
legitimacy of his child but not on the
to conduct his own investigation.
ground that:
the
wife
is
suspected
of 27. A husband by chance discovered
infidelity.
hidden treasure on the paraphernal
b) the husband had a serious illness
property of his wife. Who owns the
that prevented him from engaging in
discovered treasure?
sexual intercourse.
a) The half pertaining to the
c) they were living apart.
husband (finder) belongs to the
d) he is physically incapable of
conjugal partnership.
sexual intercourse.
b) The half pertaining to the wife (as
owner) belongs to the conjugal

25. A marriage is void if:
partnership.
a) solemnized with a marriage

c) One half shall belong to the
license issued without complying
husband as finder and the other
with the required 10-day posting.
half shall belong to the wife as
b) solemnized by a minister whom
owner of the property.
the parties believe to have the
d) a and b
authority.
c) between parties both 23 years of

28. Which of the following marriages is void
age but without parental advice.
for reasons of public policy?
d) none of the above
a) Between brothers and sisters,
whether of the full or half blood.

26. In legal separation, which is not
b) Between step-parents and step
correct?
children.
a) The aggrieved spouse may file the
c) Between parents-in-law and
action within five (5) years from the

children-in-law.
time of the occurrence of the cause.
d) b and c
Page 136 of 180
The donation must be made in

The following constitute the different
consideration of the marriage.
circumstances or case of fraud which will

serves as ground for the annulment of a
marriage, except?
Non-disclosure of the previous conviction

by final judgment of the other party of a
The donation must be made in favor of one

or both of the future spouses.
Who are illegitimate children?
crime involving moral turpitude.
Concealment of a sexually-transmissible
disease, regardless of its nature, existing at
the time of the marriage.
Concealment of drug addiction, habitual

alcoholism, homosexuality or lesbianism
existing at the time of marriage.
Concealment by the wife or the husband

of the fact of sexual relations prior to
the marriage.
Children conceived or born outside a valid

marriage.
Children born under a valid marriage,

which was later declared void because of
the psychological incapacity of either or
both of the spouses.
Children conceived and born outside a

valid marriage.
Children born under a valid marriage, but

the parents later obtained a legal
Which of the following is not a requisite for
separation.
a valid donation propter nuptias?
The donation must be made before the

An illegitimate child may use the surname

of his father when his filiation is
established in any of the following
instances, except:
The donation shall be automatically

revoked in case of non-celebration of the
marriage.
Filiation has been recognized by the father

through the record of birth appearing in
the civil register
Under RA 8043, an adopter is required to
be at least ____ years old and ____ years
Admission of filiation by the father in a
older than the child to be adopted at the
public document.
time of the application unless the adopter is

the parent by nature of the child.
Private handwritten instrument is made by

the father acknowledging his filiation.
30 and 15
Affidavit by the mother stating the name
27 and 16
of his true father.
Page 137 of 180
Conviction of the parents of a crime

50 and 10
which carries with it the penalty of civil

interdiction.
18 and 15
The court, in an action filed for the
purpose, may suspend parental authority if
Under RA 8043, a child qualified to be
adopted is any person below _____ years
old.
18
21
the parent or the person exercising parental

authority commits any of the following acts,
except:
Treats the child with excessive harshness or

cruelty.
Gives the child corrupting orders, counsel

or example.
15
Compels the child to take up a course in
16
Which of the following DOES NOT result in

permanent termination of parental
college against his/her will.
d) Subjects the child or allows him to be

subjected to acts of lasciviousness.
authority?
Death of the parents.
37. Which of the following statements is

wrong?
Death of the child.

The possessor in bad faith shall reimburse
the fruits received and those which the
Emancipation of the child.
legitimate possessor could have received.
The possessor in bad faith has right of

reimbursement for necessary expenses and
those for the production, gathering and
preservation of the fruits.
Which phrase most accurately completes

the statement The expenses incurred in
improvements for the luxury or mere
pleasure shall not be refunded to thew
The possessor in bad faith is not entitled to
possessor in bad faith:
a refund of ornamental expenses.

but he may remove the objects for which
The possessor in bad faith is entitled to
a refund of useful expenses.
such expenses have been incurred,

provided that the thing suffers no injury
thereby, and that the lawful possessor
does not prefer to retain them.
Page 138 of 180
the expiration of one (1) year. What action is

being referred to?
and he may not remove the objects for
which such expenses have been incurred.
Accion publiciana
and he may not remove the objects for
Accion reinvindicatoria
which such expenses have been incurred,

unless he pays the value they may have at
the time he entered into possession.
but he may remove the objects for which

such expenses have been incurred.
The following are the limitations on the

right of ownership imposed by the owner
Accion interdictal
Quieting of Title
Action to recover real property based on

ownership. Here, the object is the recovery
himself, except:
Will/Succession
Mortgage
Pledge
of the dominion over the property as owner.

What action is being referred to?
Accion publiciana
Lease
Accion interdictal
A plenary action for the recovery of the

possession of real estate, upon mere
allegation and proof of a better right
thereto, and without allegation of proof of
title. This action can only be brought after
Quieting of Title
A summary action to recover physical or

material possession only and must be
brought within one (1) year from the time
the cause of action arises. What action is
vehicles and weapons of the Armed Forces

of the Philippines.
being referred to?

rivers.
Accion publiciana
lands reclaimed by the state from the sea.
Accion interdictal
SUGGESTED ANSWER:
Quieting of Title
This question should be disregarded

because there is no correct answer.
The following things are property of public

dominion, except:
(Note: At first glance, one gets the impression

that vehicles and weapons of the AFP are
not property of the public domain. But they
are actually property of the public dominion
ports and bridges constructed by the State.
under the second paragraph of Art 420 of
Page 139 of 180
Creditors of the deceased
the NCC. Property of the state which are not
Devisees or legatees
for public use but are intended for some

public service are properties of the public
dominion. While the vehicles and weapons
of the AFP are not for public use, they are
Compulsory heirs of the donor
used for the defense of the State which is a

public service.)
The surviving spouse of the donee.
Donation is perfected from the moment

wrong?
--patrimonial property of the state, when
no longer intended for public use or for
public service, shall become property of
public dominion.
all property of the State, which is not of
the donee accepts the donation.
the donor executes the deed of donation.
public dominion, is patrimonial property.

the donor knows of the donees
The property of provinces, cities and
municipalities is divided into property for
acceptance even if the latter has not

received the copy of the deed of
public use and patrimonial property.
donation.
Property is either of public dominion or of
the donee confirms that the donor has
private ownership.
learned the formers acceptance.
The following cannot ask for the reduction
The following are the elements of an
of inofficious donation, except:
obligation, except:
Juridical/Legal Tie
49. It is
a juridical relation arising
Active subject
from lawful,
voluntary and unilateral acts
Passive subject
based on the principle that no one should
Consideration
unjustly enrich himself at the expense of

another.
Quasi-contract
It is a conduct that may consist of giving,
doing, or not doing something.
Quasi-delict
Obligation
Cotract
Juridical necessity
Delict
Prestation
Contract
The following are the elements of quasidelict, except:
Page 140 of 180
Mora accipiendi
Act or omission
Mora solvendi
Fault/negligence
Compensation morae
Damage/injury
Solution indibiti
Pre-existing contract
The following are the requisites of mora
solvendi, except:
51. A debtor is liable for damages in case of
delay if he is guilty of any of the following,
except:
Obligation pertains to the debtor and is

determinate, due, demandable, and
liquidated.
default (mora)
Obligation was performed on its
maturity date.
mistake
There is judicial or extrajudicial demand by
negligence (culpa)
the creditor.
breach through contravention of the tenor
Failure of the debtor to comply with such
thereof
demand.
This term refers to a delay on the part of
It is an international evasion of the faithful
both the debtor and creditor in reciprocal
performance of the obligation.
obligations.
Negligence
normal manner; impossibility must be

absolute not partial, otherwise not force
Fraud
majeure.
Delay
Debtor contributed to the aggravation of

the injury to the creditor.
Mistake
A debtor may still be held liable for loss or

The following are the requisites of fortuitous
event, except:
damages even if it was caused by a

fortuitous event in any of the following
instances, except:
Cause is independent of the will of the

debtor.
The debtor is guilty of dolo, malice or bad

faith, has promised the same thing to two
or more persons who do not have the same
interest.
b)
The
event
The debtor contributed to the loss.

is unforeseeable/unavoidable.
The thing to be delivered is generic.
Occurrence renders it absolutely impossible
for the debtor to fulfill his obligation in a
Page 141 of 180
Yes, because Fermin and Toti should have

been impleaded as their obligation is
solidary.
The creditor is guilty of fraud, negligence or
delay or if he contravened the tenor of the
obligation.
No, because the creditor may proceed

against any one of the solidary debtors
or some or all of them simultaneously.
Buko, Fermin and Toti bound themselves

solidarily to pay Ayee the amount of P
5,000.00. Suppose Buko paid the
obligation, what is his right as against his
co-debtors?
Buko cas ask for reimbursement from

Fermin and Toti.
Buko can sue Fermin and Toti for damages.
No, because a motion to dismiss is a

prohibited pleading.
Yes, because Fermin and Toti should also

pay their share of the obligation.
Buko, Fermin and Toti are solidarily debtors

of Ayee. Twelve (12) years after the
Buko can sue for rescission.
obligation became due and demandable,

Buko paid Ayee and later on asked for
reimbursement of Fermins and Totis
Buko can claim a refund from Ayee.
shares. Is Buko correct? Why?
No, because the obligation has already

prescribed.
Buko, Fermin and Toti bound themselves
solidarily to pay Ayee the sum of P
10,000.00. When the obligation became due
Yes, because the obligation is solidary.
and demandable, Ayee sued Buko for the

payment of the P 10,000.00. Buko moved to
dismiss on the ground that there was
failure to implead Fermin and Toti who are
indispensable parties. Will the motion to
dismiss prosper? Why?
No, because in solidary obligation any one

of the solidary debtors can pay the entire
debt.
Yes, because Fermin and Toti will be unduly
demand on Buko to pay the debt. How
enriched at the expense of Buko.
much, if any, may Buko be compelled to

pay?
Buko, Fermin and Toti are solidary

P 200.000.00
debtors under a loan obligation of P
300,000.00 which has fallen due. The
P 300,000.00
creditor has, however, condoned Fermins

entire share in the debt. Since Toti has
become insolvent, the creditor makes a
P 100,000.00
Page 142 of 180
That each of the obligors is bound

principally and that he be the same time a
principal creditor of the other.
P 150,000.00
That both debts consist in a sum of money,
or if the things due are consumable, they
Dina bought a car from Jai and delivered a
check in payment of the same. Has Dina
be the same kind, and also of the same

quality if the latter has been stated.
paid the obligation? Why?

That the two (2) debts are not yet due.
No, not yet. The delivery of promissory
notes payable to order, or bills of
exchange or other mercantile documents
shall produce the effect of payment only
d) That they be liquidated and demandable.
when they have been cashed, or when

through the fault of the creditor they
have been impaired.
Yes, because a check is a valid legal tender
correct?
of payment.
All contracts are perfected by mere consent.
It depends. If the check is a managers
check or cashiers check it will produce the
effect of payment.
If its an ordinary check, no payment.
Yes, because a check is as good as cash.
All contracts are perfected by delivery of the

object.
All contracts are required to be in writing.
All contracts are required to have a valid

consideration.
The following are the requisites of legal

compensation, except:
It is a principle which holds that parties are
bound not only by what has been expressly
provided for in the contract but also to the

natural consequences that flow out of such
agreement.
Obligatory force of contracts
Mutuality of contracts
Autonomy of contracts
Relativity of contracts
66. It refers to
the rule that a contract
It is a principle which holds that contracts
must be binding to both parties and its
validity and effectivity can never be left to
the will of one of the parties.
is binding
not
only between
Page 143 of 180
parties but extends to the heirs, successors
The following are the ways by which
in interest, and assignees of the parties,

provided that the contract involved
transmissible rights by their nature, or by
stipulation or by law.
innominate
contracts
are
regulated, except:
By the stipulation of the parties.
By the general principles of quasicontracts and delicts
By the rules governing the most analogous

nominate contracts.
It is rule which holds that the freedom of
By the customs of the place.
the parties to contract includes the freedom

to stipulate, provided the stipulations are
not contrary to law, morals, good customs,
An offer becomes ineffective on any of the
public order or public policy.
following grounds, except:
Death, civil interdiction,

insanity/insolvency of either party before
acceptance is conveyed.
Acceptance of the offer by the offeree.
Qualified/conditional acceptance of the

offer, which becomes counter-offer.
Subject matter becomes illegal/impossible
d) Advertisements
for
before acceptance is communicated.

Bidders

correct?
Offers in interrelated contracts are
are only
invitations
to
perfected upon consent.
make
Offers in interrelated contracts require a
proposals and the advertiser is
single acceptance.
not
c) Business
advertisements
are definite
bound
accept
highest/lowest bidder,
unless it
appears otherwise.
offers
that
require
71.
specific acceptance.
to
The
following
are solemn
the
contracts (Contracts which must appear in
exceeds P 5,000.00.
writing), except:
Stipulation to pay interest in loans.
a) Donations of real estate or of
Sale of land through an agent (authority
movables
if
the
value
must be in writing).
Page 144 of 180
Construction contract of a 74. The following are the characteristics of
building.
a voidable contract, except:
a) Effective until set aside.
72.
The
following
are
rescissible
b) May be assailed/attacked only in
contracts, except:
an action for that purpose.
a) Entered into by guardian
c) Can be confirmed or ratified.
whenever ward suffers damage more
d) Can be assailed only by either
than of value of property.
party.
b) Agreed upon in representation of
absentees, if absentee suffers lesion

75.
The
following
are
void
by more than of value of property.

contracts, except:
c) Contracts where fraud is
a) Pactum commissorium
committed on
creditor (accion
b) Pactum de non alienando
pauliana).
c) Pactum leonina
d) Contracts entered into by
d) Pacto de retro
minors.
76. The borrower in a contract of loan or
73. The following are the requisites before a

mutuum must pay interest to the lender.
contract entered into in fraud of creditors
a) If there is an agreement in
may be rescinded, except:
writing to the effect.
a) There must be credited existing
b) As a matter of course.
prior to the celebration of the
c) If the amount borrowed is very
contract.
large.
b) There must be fraud, or at least,
d) If the lender so demands at the
the intent to commit fraud to the
maturity date.
prejudice of the creditor seeking
rescission.
77. The liability of the school, its
c) The creditor cannot in any legal

administrators and teachers, or the
manner collect his credit (subsidiary

individual, entity or institution engaged in
character of rescission)
child care over the minor child or damage
d) The object of the contract must

caused by the acts or omissions of the
unemancipated minor while under their
be legally in the possession of a
rd
person in good faith.
supervision, instruction or custody shall be:
a) Joint and subsidiary
b) Principal and solidary
Page 145 of 180
unenforceable
Principal and joint
Subsidiary and solidary.
When both parties to the contract are

minors, the contract is:
The creditor has the right to the fruits of
voidable
the thing from the time:

rescissible
the thing is delivered.
void
the obligation to deliver the things
arises.
unenforceable
the contract is perfected.

When the consent of one of the parties was
the fruits are delivered.
vitiated, the contract is:
voidable
If one of the parties to the contract is
without juridical capacity, the contract is:
voidable
rescissible
void
rescissible
void
unenforceable
An obligation which is based on equity and
same car in the name of Mr. Lacas to Atty.
natural law is known as:
Buko. The contract between Atty. Buko and

Mr. Lacas is ---
pure
void because of the absence of consent from
the owner, Mr. Lacas.
quasi-contract
valid because all of the essential requisites

of a contract are present.
civil
unenforceable because Michael Fermin
natural
had no authority but he sold the car in

the name of Mr. Lacas, the owner.
rescissible because the contract caused

Consent was given by one in representation
lesion to Atty. Buko.
of another but without authority. The

contract is:
voidable
rescissible
void
Which of the following contracts is void?
An oral sale of a parcel of land.
A sale of land by an agent in a public

instrument where his authority from the
principal is oral.
unenforceable
A donation of a wrist watch worth P
Michael Fermin, without the authority of
4,500.00.
Pascual Lacas, owner of a car, sold the
Page 146 of 180
If Aligada refuses to deliver the land on the

agreed date despite payment by Balane, the
latter may not successfully sue Aligada
A relatively simulated contract
because the contract is oral.
If Aligada refused to deliver the land,

Which of the following expresses a correct
Balane may successfully sue
principle of law? Choose the best answer.
Failure to disclose facts when there is a

duty to reveal them, does not constitute
for fulfillment of the obligation even if he

has not tendered payment of the purchase
fraud.
price.
Violence or intimidation does not render a
The contract between the parties is
contract annullable if employed not by a
rescissible.
contracting party but by a third person.

The contract between the parties is
A threat to enforce ones claim through
subject to ratification by the parties.
competent authority, if the claim is legal or

just, does not vitiate consent.
Absolute simulation of a contract always

results in a void contract.

wrong?
Creditors are protected in cases of contracts

intended to defraud them.
Aligada orally offered to sell his two-hectare
rice land to Balane for P 10Million. The
offer was orally accepted. By agreement, the
land was to be delivered (through execution
of a notarized Deed of Sale) and the price
was to be paid exactly one-month from
their oral agreement. Which statement is
most accurate?
Contracts take effect only between the

parties, their assign and heirs, except in
case where the rights and obligations
arising from the contract are not
transmissible by their nature, or by
stipulation or by provision of law.
If a contract should contain some
object of the contract are not bound
stipulation in favor of a third person, he
thereby.
may demand its fulfillment provided he

communicated his acceptance to the obligor
before its revocation.

In contracts creating real rights, third
persons who come into possession of the
the statement Any third person who

induces another to violate his contract:
Page 147 of 180
It is a legal contract.
shall be liable for damages only if he is a
party to the same contract.
Only property, rights and obligations to the

extent of the value of the inheritance are
shall be liable for damages to the other
transmitted.
contracting party.
The transmission takes place only at the
shall not be liable for damages to the other
time of death.
contracting party.
The transmission takes place either by will
shall not be liable for damages if the parties
or by operation of law.
are in pari delicto.
The following rights are extinguished by

The requisites of succession are as follows,
death, except:
except:
Legal support
Death of decedent
Parental authority
Transmissible estate
Right to inherit
Existence and capacity of successor,
designated by decedent or law
Payment of Taxes
The characteristics of succession are as

follows, except:
Agency
The attestation clause contains the
Dated;
following, except:
Signed by testator himself
the number of pages used;
Notarized by a notary public.
that the testator signed or caused another
to sign the will and every page thereof in
the presence of the instrumental witnesses;
The following are the grounds for
notary public;
the instrumental witnesses witnessed and

signed the will and all the pages thereof in
disallowance of wills, except:
The formalities required by law have not

been complied with.
the presence of the testator and one

another.
The testator was insane or mentally
incapable of making will.
The following are the formalities required in

the execution of holographic will, except:
The will was executed through force or

under duress, or influence of fear or
threats.
Entirely written;
The will contains an attestation clause.
Page 148 of 180
It is the omission in the testators will of
one, some or all of the compulsory heirs in
the statement If at the time the contract
direct line, whether living at the time of
of sale is perfected, the thing which is the
execution of the will or born after the death
object of the contract has been entirely lost:
of the testator. What principle is being

referred to?
the buyer bears the risk of loss.
reserva troncal
the contract shall be without any effect.
preterition
the seller bears the risk of loss.
fideicommissary
the buyer may withdraw from the contract.
disposicion captatoria
A contract granting a privilege to a
Any disposition made upon the condition
that the heir shall make some provision in
his will in favor of the testator or of any
other person shall be void. Here, both the
person,
for which he has paid
condition and the disposition are void.

What principle is being referred to?
consideration, which gives him the right to
reserva troncal
buy certain merchandise or specified

property, from another person, at anytime
within the agreed period, at a fixed price.
preterition
fideicommissary
disposicion captatoria
What contract is being referred to?
Option Contract
Contract to Sell
Contract of Sale
Sale of EGMs piece of land by
Lease
KRP, a person stranger to EGM, without

EGMs consent or authority.
Which of the following contracts of sale is

void?
2011 Taxation Law Exam

Sale of EGMs car by KRP, EGMs agent,
whose authority is not reduced into writing.
MCQ (November 13, 2011)

Sale of EGMs piece of land by KRP,
EGMs agent, whose authority is not
reduced into writing.
(1)When does a declaration of absence of a
missing person take effect?
Sale of EGMs car by KRP, a person stranger
to EGM, without
(A) Immediately from the issuance of the
declaration of absence.
EGMs consent or authority.
Page 149 of 180
No, since it will put the predecessor at the

risk of harm from a tempted buyer,
contrary to public policy.
3 months after the publication of the
Yes, since the death of the decedent is
certain to occur.
6 months after the publication of the
No, since the seller owns no inheritance
while his predecessor lives.
15 days from the issuance of the
Yes, but on the condition that the amount
of the inheritance can only be ascertained
after the obligations of the estate have been
The authority that school administrators
paid.
exercise over school children under their

supervision, instruction, or custody is
called
Upon the proposal of a third person, a new

debtor substituted the original debtor
without the latters consent. The creditor
legal parental authority.
substitute parental authority.
accepted the substitution. Later, however,

the new debtor became insolvent and
defaulted in his obligation. What is the
ordinary parental authority.
special parental authority.
effect of the new debtors default upon the

original debtor?
The original debtor is freed of liability

since novation took place and this
relieved him of his obligation.
Can future inheritance be the subject of a

contract of sale?
The original debtor shall pay or perform the

obligation with recourse to the new debtor.
The original debtor remains liable since he
the ground that a Congressman had to be
gave no consent to the substitution.
accommodated in the business class.

Lennie suffered the discomfort and
embarrassment of the downgrade. She sued
The original debtor shall pay or perform

50% of the obligation to avoid unjust
enrichment on his part.
the airlines for quasi-delict but Alta Airlines

countered that, since her travel was
governed by a contract between them, no
quasi-delict could arise. Is the airline
correct?
Lennie bought a business class ticket from

Alta Airlines. As she checked in, the
manager downgraded her to economy on
No, the breach of contract may in fact be

tortious as when it is tainted as in this
case with
Page 150 of 180
X and Y were to marry in 3 months.

arbitrariness, gross bad faith, and
malice.
Meantime, to express his affection, X

donated a house and lot to Y, which
donation X wrote in a letter to Y. Y wrote
back, accepting the donation and took
possession of the property. Before the
No, denying Lennie the comfort and
wedding, however, Y suddenly died of heart
amenities of the business class as provided
attack. Can Ys heirs get the property?
in the ticket is a tortious act.
Yes, since the facts show a breach of

contract, not a quasi-delict.
Yes, since quasi-delict presupposes the

absence of a pre-existing contractual
No, since the marriage did not take place.
Yes, since all the requisites of a donation of

an immovable are present.
relation between the parties.

No, since the donation and its
acceptance are not in a public
Which of the following is an indispensable
instrument.
requirement in an action for "quieting of

title" involving real property? The plaintiff
must
Yes, since X freely donated the property to Y

who became its owner.
be in actual possession of the property.

Rene and Lily got married after a brief
be the registered owner of the property.
courtship. After one month, Lily discovered

that while Rene presented himself as a
macho man he was actually gay. He would
have legal or equitable title to the

property.
not go to bed with her. He kept obscene

magazines of nude men and always sought
the company of handsome boys. What legal
remedy does Lily have?
be the beneficial owner of the property.
She can file an action for annulment of

marriage on ground of fraud.
She has none since she had the

opportunity to examine the goods and freely
She can seek a declaration of nullity of the
entered into the marriage.
marriage based on
Renes psychological incapacity.
Lucio executed a simple deed of donation of

P50 million on time deposit with a bank in
favor of A, B, C, D, and E,
She can go abroad and file for divorce in a

country that can grant it.
Page 151 of 180
Yes, they may be subrogated to Raffys

right by reimbursing to him within the
required time what he paid Raul.
without indicating the share of each donee.
All the donees accepted the donation in
writing. A, one of the donees, died. Will B,
Yes, they may be subrogated to Raffys right

provided they buy him out before he
registers the sale.
C, D, and E get As share in the money?

No, they can be subrogated to
Yes, accretion will automatically apply to
the joint-donees in equal shares.
Raffys right only with his conformity.
Yes, since the donors intention is to give
the whole of P50 million to the jointdonees
in equal shares.
No, since there was no impediment to Raul
selling his inheritance to a stranger.
No, A"s share will revert to the donor
because accretion applies only if the jointdonees are spouses.
When one exercises a right recognized by
No, As share goes to his heirs since the
donation did not provide for reversion to
donor.
law, knowing that he thereby causes an

injustice to another, the latter is entitled to
recover damages. This is known as the
principle of
res ipsa loquitur.

Raul, Ester, and Rufus inherited a 10hectare land from their father. Before the
land could be partitioned, however, Raul
damnum absque injuria.
sold his hereditary right to Raffy, a stranger

to the family, for P5 million. Do Ester and
Rufus have a remedy for keeping the land
vicarious liability.
within their family?

abuse of rights.
Its cause is not authorized by the law.

Which of the following is NOT a basis for
rendering a disinheritance defective or
imperfect?
Its cause is not specified.
Its cause comes from the guilt of a

spouse in a legal separation case, the
Manuel came to Manila and married
innocent-spouse having died.
Marianne. Unknown to Marianne, Manuel

had been previously convicted in Palawan of
theft and served time for it. After Marianne
The truth of its cause is denied and not

sufficiently proved by evidence.
learned of his previous conviction, she

stopped living with him. Can Marianne seek
the annulment of the
Page 152 of 180
The divorce rendered illegitimate the

marriage based on Manuels nondisclosure
of his previous crime?
No, since the assumption is that marriage

forgives all past wrongs.
children born before it since the marriage

that begot them had been nullified.
The children born before and after the

divorce are all legitimate
Yes, since the non-disclosure of that

crime is the equivalent of fraud, which is
since Philippine law does not recognize
a ground for annulment.
divorce.
No, in case of doubt, the law must be
All the children are legitimate since they
construed to preserve the institution of
were born of the same father and mother.
marriage.
Who can make a donation?
No, since Manuel already served the
penalty for his crime.
All persons who can enter into contracts
and dispose of their property.
Arthur and Helen, both Filipinos, got

married and had 2 children. Arthur later
worked in Rome where he acquired Italian
All persons who are of legal age and suffer

from no civil interdiction.
citizenship. He got a divorce from Helen in

Rome but, on returning to the Philippines,
he realized his mistake, asked forgiveness of
his wife, and resumed living with her. They
All persons who can make a last will and

testament.
had 2 more children. What is the status of

their 4 children?
All persons, whether natural or artificial,
who own property.
The children born before the divorce are
legitimate but those born after it are not
since Arthur got the divorce when he
had ceased to be a Filipino.
The liability of the partners, including
Voluntary.
industrial partners for partnership

contracts entered into in its name and for
its account, when all partnership assets
have been exhausted is
When can a missing person who left

someone to administer his property be
Pro-rata.
Joint.
declared an absentee by the court? When

he has been missing for
2 years from the receipt of the last news

about him.
Solidary.
about him.
Page 153 of 180
rescissible.
void.
about him.
unenforceable.
about him.
voidable.
Which of the following claims against the

debtor enjoys preference over the others
with respect to his specific immovable
property and real rights?
An agent, authorized by a special power of

attorney to sell a land belonging to the
principal succeeded in selling the same to a
buyer according to the instructions given
the agent. The agent executed the deed of
Unpaid price of real property sold, upon the
absolute sale on behalf of his
immovable property.
Mortgage credits recorded in the registry of

property, upon the mortgaged real estate.
principal two days after the principal died,

an event that neither the agent nor the
buyer knew at the time of the sale. What is
Taxes due, upon the land or building.
Expenses for the preservation and
the standing of the sale?
Voidable.
improvement of property, when the law

authorizes reimbursement, upon the
preserved or improved immovable.
Valid.
Void.
When bilateral contracts are vitiated with
vices of consent, they are rendered
Unenforceable.
No, because there is no judicial declaration

Spouses A and B leased a piece of land
that it is a family home.
belonging to B's parents for 25 years. The

spouses built their house on it worth
P300,000.00. Subsequently, in a case that
C filed against A and B, the court found the
latter liable to C for P200,000.00. When the
No, since the land does not belong to A

and B, it cannot qualify as a family
home.
sheriff was attaching their house for the

satisfaction of the judgment, A and B
claimed that it was exempt from execution,
being a family home. Is this claim correct?
Yes, because the A and Bs family actually

lives in that house.
Yes, because while Bs parents own the

land, they agreed to have their daughter
build her family home on it.
Solomon sold his coconut plantation to

Aragon, Inc. for P100 million, payable in
installments of P10 million per month with
6% interest per annum. Solomon married
Page 154 of 180
Legitimated.
Lorna after 5 months and they chose
conjugal partnership of gains to govern
their property relations. When they
Illegitimate.
married, Aragon had an unpaid balance of

Natural child.
P50 million plus interest in Solomons favor.
To whom will Aragons monthly payments
go after the marriage?
Legitimate.
The principal shall go to the conjugal

partnership but the interests to Solomon.
When A and B married, they chose conjugal

partnership of gains to govern their
Both principal and interests shall go to

Solomon since they are his exclusive
properties.
property relations. After 3 years, B

succeeded in getting her marriage to A
annulled on ground of the latters
psychological incapacity. What liquidation
procedure will they follow in disposing of
their assets?
Both principal and interests shall go to the

conjugal partnership since these become
due after the marriage.
They will follow the rule governing the

liquidation of a conjugal partnership of
gains where the party who acted in bad
The principal shall go to Solomon but
faith forfeits his share in the net profits.
the interests to the conjugal

partnership.
Since the marriage has been declared void,
the rule for liquidation of absolute
community of property shall be followed.
X and Y, although not suffering from any
impediment, cohabited as husband and
wife without the benefit of marriage.
Following the birth of their child, the couple
got married. A year after, however, the court
annulled the marriage and issued a decree
of annulment. What is the present status of
the child?
The liquidation of a co-ownership applies

since the annulment brought their
property relation under the chapter on
property regimes without marriage.
The law on liquidation of partnerships
economic regime that will govern X and Ys
applies.
property relations. Is the verbal agreement

valid?
X and Y agreed verbally before their

marriage (a) on the paternity of the
No, because a marriage settlement to be
illegitimate child of Y and (b) on the
valid should be in writing.
Page 155 of 180
Fidel, a Filipino with fair complexion,

married Gloria. Before the marriage, Gloria
confessed to Fidel that she was two-month
Yes, since ante-nuptial agreements need not
be in writing.
pregnant with the child of a black African

who had left the country for good. When
the child was born, Fidel could not accept it
being too black in complexion. What is the
No, because a marriage settlement cannot
status of the child?
include an agreement on the paternity of an

illegitimate child.
Illegitimate, because Gloria confessed that

the child is not
Yes, since even if it is not a valid marriage

settlement, it is a valid verbal contract.
Spouses X and Y have a minor daughter, Z,

who needs support for her education. Both
X and Y, who are financially distressed,
Fidels.
Illegitimate, because by the color of its skin,

the child could not possibly be that of Fidel.
could not give the needed support to Z. As

it happens, Zs other relatives are
financially capable of giving that support.
Legitimate, because the child was born
From whom may Z first rightfully demand
within a valid marriage.
support? From her
grandfather.
Legitimate, because Fidel agreed to treat

the child as his own after Gloria told him
who the father was.
brother.
uncle.
The husbands acts of forcibly ejecting his

wife without just cause from the conjugal
dwelling and refusing to take her back
first cousin.
constitutes
desertion.
recrimination.
a modal institution.
constructive abandonment.
a conditional institution.
de facto separation.
a collective institution.
In his will, the testator designated X as a

legatee to receive P2 million for the purpose
of buying an ambulance that the residents
of his Barangay can use. What kind of
institution is this?
X insured himself for P5 million,

designating Y, his wife, as his sole
beneficiary. The designation was
irrevocable. A few years later, X had their
marriage annulled in court on the ground
a fideicomissary institution.
that Y had an existing prior marriage. X
Page 156 of 180
Yes, in a donation mortis causa that the

donor may still revoke in his lifetime.
subsequently died, Is Y entitled to the
insurance benefits?
The decedent died intestate leaving an
Yes, since the insurance was not dependent
on the marriage.
Yes, since her designation as beneficiary

was irrevocable.
No, Xs designation of Y is revoked by
estate of P10 million. He left the following

heirs: a) Marlon, a legitimate child and b)
Cecilia, the legal spouse. Divide the estate.
Marlon gets 1/4 and Cecilia gets 3/4.
Marlon gets 2/3 and Cecilia 1/3.
operation of law upon the annulment of

their marriage based on Ys fault.
Marlon gets 1/2 and Cecilia gets 1/2.
Yes, since without judicial revocation, Xs
designation of Y remains valid and binding.
Marlon gets 3/4 and Cecilia 1/4.
May a spouse freely donate communal or
conjugal property without the consent of
the other?
Contracts take effect only between the

parties or their assigns and heirs, except
Absolutely not, since the spouses co-own

such property.
where the rights and obligations arising

from the contract are not transmissible by
their nature, by stipulation, or by provision
of law. In the latter case, the assigns or the
Yes, for properties that the family may

spare, regardless of value.
Yes, provided the donation is moderate
heirs are not bound by the contracts. This

is known as the principle of
Relativity of contracts.
and intended for charity or family

rejoicing.
Freedom to stipulate.
Mutuality of contracts.
He can accept all 6,000 apples and pay a
Obligatory force of contracts.
lesser price for the 1,000 excess apples.
He can keep the 6,000 apples without

paying for the 1,000 excess since the seller
A buyer ordered 5,000 apples from the
delivered them anyway.
seller at P20 per apple. The seller delivered

6,000 apples. What are the rights and
obligations of the buyer?
He can cancel the whole transaction since

the seller violated the terms of their
agreement.
He can accept all 6,000 apples and pay

the seller at P20 per apple.
Page 157 of 180
Yes, since the defect was not hidden; X

knew of it but he acted in bad faith in
not disclosing the fact to Y.
Lino entered into a contract to sell with
Ramon, undertaking to convey to the latter
one of the five lots he owns, without
specifying which lot it was, for the price of
P1 million. Later, the parties could not
No, because Y is in estoppel, having

changed engine without prior demand.
agree which of five lots he owned Lino

undertook to sell to Ramon. What is the
standing of the contract?
Unenforceable.
No, because Y waived the warranty against

hidden defects.
Acme Cannery produced sardines in cans

known as "Sards." Mylene bought a can of
Voidable.
Sards from a store, ate it, and
Rescissible.
suffered from poisoning caused by a
noxious substance found in the sardines.
Void.
Mylene filed a case for damages against

Acme. Which of the following defenses will
hold?
Knowing that the car had a hidden crack in
The expiry date of the "Sards" was
the engine, X sold it to Y without informing
clearly printed on its can, still the store
the latter about it. In any event, the deed of

sale expressly stipulated that X was not
sold and Mylene bought it.
liable for hidden defects. Does Y have the

right to demand from X a reimbursement of
what he spent to repair the engine plus
damages?
Yes. X is liable whether or not he was aware

of the hidden defect.
Mylene must have detected the noxious

substance in the sardines by smell, yet she
still ate it.
Acme had no transaction with Mylene; she

bought the "Sards" from a store, not directly
from Acme.
Acme enjoys the presumption of safeness of
the amount of which is well within the
its canning procedure and Mylene has not
capacity of the disposable free portion of
overcome such presumption.

Fernandos estate?
Fernando executed a will, prohibiting his

wife Marina from remarrying after his
death, at the pain of the legacy of P100
Million in her favor becoming a nullity. But
Yes, since the prohibition against

remarrying is absolute, it is deemed not
written.
a year after Fernandos death, Marina was

so overwhelmed with love that she married
another man. Is she entitled to the legacy,
Yes, because the prohibition is inhuman

and oppressive and
Page 158 of 180
In gratitude, the grooms parents made a

violates Marinas rights as a free woman.
donation of a property in writing to the

brides parents shortly before their
childrens wedding. The donation was
No, because the nullity of the prohibition

also nullifies the legacy.
No, since such prohibition is authorized

by law and is not repressive; she could
remarry but must give up the money.
accepted. What is the nature of the

donation?
It is an ordinary donation since it was

not given to the bride or groom.
It is donation propter nuptias since it was

given with the marriage in mind.
X, the owner, constituted a 10-year
usufruct on his land as well as on the
building standing on it in Ys favor. After
flood totally destroyed the building 5 years
later, X told Y that an act of God terminated
the usufruct and that he should vacate the
It is an indirect donation propter nuptias

since the bride would eventually inherit the
property from her parents.
land. Is X, the owner of the land, correct?

It is a remunatory donation.
No, since the building was destroyed
through no fault of Y.
X and Y, both Filipinos, were married and
No, since Y still has the right to use the
land and the materials left on it.
resided in Spain although they intend to

return to the Philippines at some future
time. They have not executed any marriage
settlements. What law governs their
Yes, since Y cannot use the land without
property relations?
the building.
They may choose between Spanish law and
Yes, since the destruction of the building
without the Xs fault terminated the
usufruct.
Philippine law.
Philippine law since they are both

Filipinos.
Birth determines personality. Death

extinguishes it. Under what circumstances
No regime of property relations will apply to

them.
Spanish law since they live in Spain.
may the personality of a deceased person

continue to exist?
In case of re-appearance of a missing

person presumed dead.
Page 159 of 180
Illegitimate brothers and sisters, whether of

In protecting the works of a deceased under
intellectual property laws.
In case of declaration of presumptive death

of a missing spouse.
In the settlement of the estate of a

deceased person.
Six tenants sued X, the landowner, for

willfully denying them water for their farms,
full or half-blood, are bound to support

each other, EXCEPT when
the brother or sister who needs support

lives in another place.
such brothers and sisters are not

recognized by their father.
the brother or sister in need stops schooling

without valid reason.
which water happened to flow from land

under Xs control, his intention being to
force them to leave his properties. Is X
liable for his act and why?
the need for support of a brother or

sister, already of age, is due to the
latter's fault.
No, because the tenants must be content

with waiting for rainfall for their farms.
Virgilio owned a bare and simple swimming
pool in his garden. MB, a 7-year old child,
No, since X owns both the land and the
surreptitiously entered the garden and
water.
merrily romped around the ledges of the

pool. He accidentally tripped, fell into the
pool, and drowned. MBs parents sued
Yes, because the tenants farms have the

natural right of access to water wherever it
is located.
Virgilio for damages arising from their

childs death, premised on the principle of
Yes, since X willfully caused injury to his

tenants contrary to morals, good
"attractive nuisance". Is Virgilio liable for
customs or public policy.
the death of MB?
No, the child was 7 years old and knew the
No, since the pool was bare and had no
dangers that the pool offered.
enticing or alluring gadgets, floats, or

devices in it that would attract a 7-year
old child.
Yes, being an attractive nuisance, Virgilio

had the duty to prevent children from
coming near it.
Yes, since Virgilio did not cover the

swimming pool while not in use to prevent
children from falling into it.
Page 160 of 180
No, but Rex is entitled to recover the value

The term of a 5-year lease contract between
of the land from the municipality.
X the lessor and Y the lessee, where rents

were paid from month to month, came to an
end. Still, Y continued using the property
with Xs consent. In such a case, it is
No, the transfer of ownership has been

completed.
understood that they impliedly renewed the

lease
from month to month under the same

conditions as to the rest.
under the same terms and conditions as

before.
Yes, the donation is not deemed made until

the suspensive condition has been fulfilled.
Illegitimate children, those not recognized

by their biological fathers, shall use the
surname of their
under the same terms except the rent

which they or the court must fix.
for only a year, with the rent raised by 10%

pursuant to the rental control law.
Rex, a philanthropist, donated a valuable lot
biological father subject to no condition.
mother or biological father, at the

mothers discretion.
mother.
to the municipality on the condition that it

will build a public school on such lot within 2
years from its acceptance of the donation. The
municipality properly accepted the donation
biological father unless he judicially

opposes it.
but did not yet build the public school after 2

years. Can Rex revoke the donation?
Yes, since the donation is subject to a

resolutory condition which was not
fulfilled.
Asiong borrowed P1 million from a bank,

secured by a mortgage on his land. Without
his consent, his friend Boyong paid the
whole loan. Since Asiong benefited from the
payment, can Boyong compel the bank to
subrogate him in its right as mortgagee of
Asiongs loan without his approval.
Asiong's land?
Yes, since a change of creditor took place by
No, but the bank can foreclose and pay
novation with the banks consent.
Boyong back.
Yes, since it is but right that Boyong be able
No, since Boyong paid for
to get back his money and, if not, to

foreclose the mortgage in the manner of the
bank.
Page 161 of 180
No, since Rodrigo, the other solidary

creditor, already made a prior demand
for payment from Rudolf.
Congress passed a law imposing taxes on
income earned out of a particular activity
that was not previously taxed. The law,
however, taxed incomes already earned
within the fiscal year when the law took
Yes, since the payment covers the whole

obligation.
effect. Is the law valid?
No, because laws are intended to be
Yes, since Fernando was a solidary creditor,
prospective, not retroactive.
payment to him extinguished the obligation.
No, the law is arbitrary in that it taxes

income that has already been spent.
What happens to the property regimes that

were subsisting under the New Civil Code
Yes, since tax laws are the lifeblood of the
when the Family Code took effect?
nation.
The original property regimes are
Yes, tax laws are an exception; they can
immutable and remain effective.
be given retroactive effect.

Those enjoying specific regimes under the
New Civil Code may adopt the regime of
absolute community of property under the
Rudolf borrowed P1 million from Rodrigo
Family Code.
and Fernando who acted as solidary

creditors. When the loan matured, Rodrigo
wrote a letter to Rudolf, demanding
Those that married under the New Civil
payment of the loan directly to him. Before
Code but did not choose any of its regimes
Rudolf could comply, Fernando went to see
shall now be governed by the regime of
him personally to collect and he paid him.
absolute community of property.
Did Rudolf make a valid payment?

They are superseded by the Family Code
No, since Rudolf should have split the
payment between Rodrigo and Fernando.
which has retroactive effect.
The testator executed a will following the

formalities required by the law on
succession without designating any heir.
The only testamentary disposition in the
Yes, since in recognizing his illegitimate

child, the testator has made him his heir.
will is the recognition of the testator's

illegitimate child with a popular actress. Is
the will valid?
No, because the non-designation of heirs

defeats the purpose of a will.
Page 162 of 180
Valid, since the improper venue is

No, the will comes to life only when the
proper heirs are instituted.
Yes, the recognition of an illegitimate

heir is an ample reason for a will.
A left B, his wife, in the Philippines to work

in Egypt but died in that country after a
years continuous stay. Two months after
merely an irregularity; all the elements

of a valid marriage are present.
Void, because the couple did not get local

permit for a beach wedding.
Voidable, because the Judge acted beyond

his territorial jurisdiction and is
administratively liable for the same.
As death, B gave birth to a child, claiming

it is As child. Who can assail the legitimacy
of the child?
Void, because the Judge did not solemnize

the marriage within the premises of his
court.
As other heirs apart from B.
The State which has interest in the welfare
X and Y, Filipinos, got married in Los
of overseas contract workers.
Angeles, USA, using a marriage license

issued by the Philippine consul in Los
Angeles, acting as Civil Registrar. X and Y
Any one who is outraged by Bs claim.
did not know that they were first cousins

because their mothers, who were sisters,
were separated when they were quite
No one since A died.
young. Since X did not want to continue

with the relation when he heard of it, he left
Y, came to the Philippines and married Z.
Can X be held liable for bigamy?
QR and TS who had a marriage license

requested a newly appointed Judge in
No since Xs marriage to Y is void ab initio
Manila to marry them on the beach of
or did not exist.
Boracay. Since the Judge maintained

Boracay as his residence, he agreed. The
sponsors were all public officials. What is
the status of the marriage.
No since X acted in good faith, conscious
Yes since his first marriage to Y in Los
that public policy did not approve of
Angeles is valid.
marriage between first cousins.

Allan bought Billys property through
Yes since he married Z without first
securing a judicial declaration of nullity
of his marriage to Y.
Carlos, an agent empowered with a special

power of attorney (SPA) to sell the same.
Page 163 of 180
Yes, automatic rescission is allowed

since, having the character of movables
and consumables, rice can easily
When Allan was ready to pay as scheduled,
Billy called, directing Allan to pay directly to
deteriorate.
him. On learning of this, Carlos, Billy's

agent, told Allan to pay through him as his
SPA provided and to protect his
commission. Faced with two claimants,
No, the buyer is entitled to a customary 30-
Allan consigned the payment in court. Billy
day extension of his obligation to take
protested, contending that the consignation
delivery of the goods.
is ineffective since no tender of payment

was made to him. Is he correct?
No, since there was no express agreement
regarding automatic rescission.
No, since consignation without tender of
payment is allowed in the face of the
conflicting claims on the plaintiff.
No, the seller should first determine that Y

was not justified in failing to appear.
Yes, as owner of the property sold, Billy can

demand payment directly to himself.
The wife filed a case of legal separation

against her husband on the ground of
sexual infidelity
Yes, since Allan made no announcement of

the tender.
without previously exerting earnest efforts
to come to a compromise with him. The
Yes, a tender of payment is required for a
valid consignation.
X sold Y 100 sacks of rice that Y was to

pick up from Xs rice mill on a particular
judge dismissed the case for having been

filed without complying with a condition
precedent. Is the dismissal proper?
No, efforts at a compromise will only

deepen the wifes anguish.
date. Y did not, however, appear on the

agreed date to take delivery of the rice.
After one week, X automatically rescinded
the sale without notarial notice to Y. Is the
rescission valid?
No, since legal separation like validity of

marriage is not subject to compromise
agreement for purposes of filing.
Yes, to avoid a family feud that is hurtful to

everyone.
An Australian living in the Philippines
Yes, since the dispute could have been
acquired shares of stock worth P10 million
settled with the parties agreeing to legal
in food manufacturing companies. He died
separation.
in Manila, leaving a legal wife and a child in

Australia and a live-in partner with whom
Page 164 of 180
No, after more than 6 years, the action

he had two children in Manila. He also left
a will, done according to Philippine laws,
to enforce the verbal agreement has

already elapsed.
leaving all his properties to his live-in

partner and their children. What law will
govern the validity of the disposition in the
No, since the sale cannot under the Statute
will?
of Frauds be enforced.
Australia law since his legal wife and
Yes, since X bought the land and paid Y for
legitimate child are Australians and
it.
domiciled in Australia.
Australian law since the intrinsic

validity of the provisions of a will is
governed by the decedents national law.
Philippine law since the decedent died in

Manila and he executed his will according
to such law.
Yes, after full payment, the action became

imprescriptible.
A court declared Ricardo, an old bachelor,

an absentee and appointed Cicero
administrator of his property. After a year, it
was discovered that Ricardo had died
Philippine law since the decedents

properties are in the
Philippines.
abroad. What is the effect of the fact of his

death on the administration of his
property?
With Ricardo no longer an absentee but a

deceased person, Cicero will cease to be
administrator of his properties.
X bought a land from Y, paying him cash.

Since they were friends, they did not execute
any document of sale. After 7 years, the heirs
of X asked Y to execute a deed of absolute sale
to formalize the verbal sale to their father.
Unwilling to do so, Xs heirs filed an action for
specific performance against Y. Will their
action prosper?
The administration shall be given by the

court having jurisdiction over the
intestate proceedings to a new
administrator whom it will appoint.
Cicero automatically becomes administrator
Baldo, a rejected suitor, intimidated Judy
of Ricardos estate until judicially relieved.
into marrying him. While she wanted to

question the validity of their marriage two
years after the intimidation ceased, Judy
Ciceros alienations of Ricardo's property

will be set aside.
decided in the meantime to freely cohabit

with Baldo. After more than 5 years
following their wedding, Judy wants to file a
case for annulment of marriage against
Page 165 of 180
No, because in leaving the conjugal home

without just cause, she forfeits her right
to support.
Baldo on ground of lack of consent. Will her
action prosper?
Yes, since the right to receive support is not
subject to any condition.
Yes, the action for annulment is
imprescriptible.
No, since the marriage was merely

voidable and Judy ratified it by freely
cohabiting with Baldo after the force and
In the order of intestate succession where

the decedent is legitimate, who is the last
intestate heirs or heir who will inherit if
intimidation had ceased.
No, since the action prescribed 5 years from
all heirs in the higher level are disqualified
the date of the celebration of the marriage.
or unable to inherit?
Yes, because the marriage was celebrated
Nephews and nieces.
without Judy's consent freely given.

Brothers and sisters.
Is the wife who leaves her husband without

just cause entitled to support?
No, because the wife must always be

submissive and respectful to the husband.
State.
Other collateral relatives up to the 5th

degree of consanguinity.
Yes. The marriage not having been

dissolved, the husband continues to have
an obligation to support his wife.
Roy and Carlos both undertook a contract

to deliver to Sam in Manila a boat docked in
Subic. Before they could deliver it, however,
the boat sank in a storm. The contract
provides that fortuitous event shall not
exempt Roy and Carlos from their
obligation. Owing to the loss of the motor
Solidary since Roy and Carlos failed to
boat, such obligation is deemed converted
perform their obligation to deliver the motor
into one of indemnity for damages. Is the
boat.
liability of Roy and Carlos joint or solidary?

Joint since the conversion of their
Neither solidary nor joint since they cannot
waive the defense of fortuitous event to
which they are entitled.
Solidary or joint upon the discretion of

Sam.
liability to one of indemnity for damages

made it joint.
Joanne married James, a person with no

known relatives. Through James' hard
work, he and his wife Joane prospered.
When James died, his estate alone
Page 166 of 180
amounted to P100 million. If, in his will,
The doctrine of stare decisis prescribes
James designates Joanne as his only heir,
adherence to precedents in order to
what will be the free portion of his estate.
promote the stability of the law. But the

doctrine can be abandoned
Joanne gets all; estate has no free portion

left.
When adherence to it would result in the

Governments loss of its case.
Joanne gets 1/2; the other half is free

portion.
Joanne gets 1/3; the remaining 2/3 is free

portion.
Joanne gets 1/4; the remaining 3/4 is free

portion.
When the application of the doctrine would

cause great prejudice to a foreign national.
When necessary to promote the passage of

a new law.
When the precedent has ceased to be

beneficial and useful.
A warranty inherent in a contract of sale,

whether or not mentioned in it, is known as
Ric and Josie, Filipinos, have been
the
sweethearts for 5 years. While working in a

European country where the execution of
joint wills are allowed, the two of them
warranty on quality.
executed a joint holographic will where they

named each other as sole heir of the other
in case either of them dies. Unfortunately,
warranty against hidden defects.
Ric died a year later. Can Josie have the

joint will successfully probated in the
Philippines?
warranty against eviction.

Yes, in the highest interest of comity of
warranty in merchantability.
nations and to honor the wishes of the

deceased.
Yes, since it is valid in the country where it

No, since Philippine law prohibits the
execution of joint wills and such law is
was executed, applying the principle of "lex

loci celebrationis."
binding on Ric and Josie even abroad.
Yes, since they executed their joint will out

of mutual love and care, values that the
generally accepted principles of
international law accepts.
ML inherited from his father P5 million in

legitime but he waived it in a public
instrument in favor of his sister QY who
accepted the waiver in writing. But as it
happened, ML borrowed P6 million from PF
before the waiver. PF objected to the waiver
and filed an action for its rescission on the
ground that he had the right to MLs P5
Page 167 of 180
None, since the instrument containing the

million legitime as partial settlement of
what ML owed him since ML has proved to
marriage settlement is essentially void for

containing an unrelated matter.
be insolvent. Does PF, as creditor, have the

right to rescind the waiver?
Yes, insofar as Arnold acknowledged
No, because the waiver in favor of his sister
QY amounts to a donation and she already
Mary as his illegitimate child.
accepted it.
None, since the marriage did not take place.
Yes, because the waiver is prejudicial to
the interest of a third person whose
interest is recognized by law.
No, PF must wait for ML to become solvent

and, thereafter, sue him for the unpaid
loan.
Yes, if they acquired properties while living

together as husband and wife.
Joseph, a 17-year old Filipino, married

Jenny, a 21-year old American in Illinois,
USA, where the marriage was valid. Their
parents gave full consent to the marriage of
their children. After three years, Joseph
Yes, because a legitime cannot be waived in
filed a petition in the USA to promptly
favor of a specific heir; it must be divided
divorce Jenny and this was granted. When
among all the other heirs.
Joseph turned 25 years, he returned to the

Philippines and married Leonora. What is
the status of this second marriage?
While engaged to be married, Arnold and

Josephine agreed in a public instrument to
adopt out the economic regime of absolute
community of property. Arnold
acknowledged in the same instrument that
Void, because he did not cause the

judicial issuance of declaration of the
nullity of his first marriage to Jenny
before marrying Leonora.
Josephines daughter
Valid, because Joseph's marriage to Jenny
Mary, is his illegitimate child. But
Josephine died before the marriage could
take place. Does the marriage settlement
have any significance?
is void, he being only 17 years of age when

he married her.
Valid, because his marriage to Leonora has
Void, because Joseph is still considered
all the elements of a valid marriage.
married to Jenny since the Philippines does

not recognize divorce.
Page 168 of 180
without prior efforts at reconciliation

T died intestate, leaving an estate of
shown to be futile.
P9,000,000. He left as heirs three legitimate

children, namely, A, B, and C. A has two
children, D and E. Before he died, A
irrevocably repudiated his inheritance from
unless the court first directs mediation of

the parties.
T in a public instrument filed with the

court. How much, if any, will D and E, as
without prior investigation conducted by a
public prosecutor.
As children, get from Ts estate?
Each of D and E will get P1,500,000 by

right of representation since their father
repudiated his inheritance.
X, who was abroad, phoned his brother, Y,

authorizing him to sell Xs parcel of land in
Pasay. X sent the title to Y by courier
service. Acting for his brother, Y executed a
Each of D and E will get P2,225,000

because they will inherit from the estate
equally with B and C.
D and E will get none because of the

repudiation; "B" and "C" will get As share
notarized deed of absolute sale of the land

to Z after receiving payment. What is the
status of the sale?
Valid, since a notarized deed of absolute

sale covered the transaction and full
payment was made.
by right of accretion.
Void, since X should have authorized
Each of D and E will get P2,000,000
agent Y in writing to sell the land.
because the law gives them some advantage

due to the demise of "A".
Valid, since Y was truly his brother Xs
agent and entrusted with the title needed to
effect the sale.
No decree of legal separation can be issued
Valid, since the buyer could file an action to
unless the childrens welfare is attended to
first.
compel X to execute a deed of sale.
conventional redemption.
In a true pacto de retro sale, the title and
ownership of the property sold are
immediately vested in the vendee a retro
legal redemption.
subject only to the resolutory condition of

repurchase by the vendor a retro within the
stipulated period. This is known as
equity of redemption.
equitable mortgage.
A natural obligation under the New Civil

Code of the Philippines is one which
Page 169 of 180
It is void absent an authorization from the

court.
the obligor has a moral obligation to do,
otherwise entitling the obligee to damages.
The transaction is void and can neither be

ratified by the wife nor authorized by the
court.
refers to an obligation in writing to do or

not to do.
It is considered a continuing offer by the
parties, perfected only upon the wifes
the obligee may enforce through the court if
acceptance or the courts authorization.
violated by the obligor.
cannot be judicially enforced but

authorizes the obligee to retain the
obligors payment or performance.
When the donor gives donations without

reserving sufficient funds for his support or
for the support of his dependents, his
donations are
The husband assumed sole administration

of the familys mango plantation since his
Rescissible, since it results in economic

lesion of more than 25% of the value of his
wife worked abroad.
properties.
Subsequently, without his wifes knowledge,
Voidable, since his consent to the donation
the husband entered into an antichretic
is vitiated by mindless kindness.
transaction with a company, giving it

possession and management of the
plantation with power to harvest and sell
Void, since it amounts to wanton
the fruits and to apply the proceeds to the
expenditure beyond his means.
payment of a loan he got. What is the

standing of the contract?
Reducible to the extent that the
It is void in the absence of the wifes
consent.
donations impaired the support due to

himself and his dependents.
Anne owed Bessy P1 million due on October

1, 2011 but failed to pay her on due date.
Bessy sent a demand letter to Anne giving
her 5 days from receipt within which to pay.
Two days after receipt of the letter, Anne
Yes, since Bessys refusal of the managers

check, which is presumed funded, amounts
to a satisfaction of the obligation.
personally offered to pay Bessy in

manager's check but the latter refused to
accept the same. The 5 days lapsed. May
No, since tender of payment even in

cash, if refused, will not discharge the
obligation without proper consignation
Annes obligation be considered
in court.
extinguished?
Page 170 of 180
Yes, community ownership by prescription

prevails over private claims.
Yes, since Anne tendered payment of the
full amount due.
The owner of a thing cannot use it in a way
No, since a managers check is not
considered legal tender in the Philippines.
that will injure the right of a third person.

Thus, every building or land is subject to
the easement which prohibits its proprietor
or possessor from committing nuisance like
noise, jarring, offensive odor, and smoke.
This principle is known as
The residents of a subdivision have been

using an open strip of land as passage to
the highway for over 30 years. The owner of
Jus vindicandi.
that land decided, however, to close it in

preparation for building his house on it.
The residents protested, claiming that they
Sic utere tuo ut alienum non laedas.
became owners of the land through

acquisitive prescription, having been in
possession of the same in the concept of
owners, publicly, peacefully, and
Jus dispondendi.
continuously for more than 30 years. Is this

claim correct?
Jus abutendi.
No, the residents have not been in

continuous possession of the land since
they merely passed through it in going
Janice and Jennifer are sisters. Janice sued
to the highway.
Jennifer and Laura, Jennifers business

partner for recovery of property with
damages. The complaint did not allege that
No, the owner did not abandon his right to

the property; he merely tolerated his
neighbors use of it for passage.
Janice exerted earnest efforts to come to a

compromise with the defendants and that
such efforts failed. The judge dismissed the
complaint outright for failure to comply
with a condition precedent. Is the dismissal
Yes, residents of the subdivision have

become owners by acquisitive prescription.
in order?
No, since Laura is a stranger to the

sisters, Janice has no moral obligation to
settle with her.
Yes, since members of the same family, as

parties to the suit, are required to exert
earnest efforts to settle their disputes
before coming to court.
Yes, since court should promote amicable

settlement among relatives.
Page 171 of 180
The right of a mortgagor in a judicial

foreclosure to redeem the mortgaged
property after his default in the
No, the family council, which would
ordinarily mediate the dispute, has been
eliminated under the Family Code.
X borrowed money from a bank, secured by
performance of the conditions of the

mortgage but before the sale of the
mortgaged property or confirmation of the
sale by the court, is known as
accion publiciana.
a mortgage on the land of Y, his close

friend. When the loan matured, Y offered to
pay the bank but it refused since
Y was not the borrower. Is the banks action
equity of redemption.
pacto de retro.
correct?
right of redemption.
Yes, since X, the true borrower, did not give
his consent to Ys offer to pay.
When does the regime of conjugal
No, since anybody can discharge
partnership of gains begin to exist?
Xs obligation to his benefit.
At the moment the parties take and

declare each other as husband and wife
No, since Y, the owner of the collateral,
before officiating officer.
has an interest in the payment of the

obligation.
At the time the spouses acquire properties

through joint efforts.
Yes, since it was X who has an obligation to

the bank.
On the date the future spouses executed

their marriage settlements because this is
the starting point of their marital
relationship.
On the date agreed upon by the future

spouses in their marriage settlements since
their agreement is the law between them.
Her parents.
Josie herself.
Josie, 18, married Dante, 25, without her
parents knowledge and consent, and lived
with him. After a year, Josie returned to her
The State.
parents home, complained of the

unbearable battering she was getting from
Dante, and expressed a desire to have her
marriage with him annulled. Who may
bring the action?
X, a married man, cohabited with Y, an

unmarried woman. Their relation bore them
BB, a baby boy. Subsequently, after X
became a widower, he married Y. Was BB
Dante.
legitimated by that marriage?
Page 172 of 180
Can common-law spouses donate

properties of substantial value to one
another?
Yes, since his parents are now lawfully
married.
No, they are only allowed to give
moderate gifts to each other during
Yes, since he is an innocent party and the
family rejoicing.
marriage rectified the wrong done him.

No, they cannot give anything of value to
No, since once illegitimate, a child shall
each other to prevent placing their
always remain illegitimate.
legitimate relatives at a disadvantage.
No, since his parents were not qualified
Yes, unlike the case of legally married
to marry each other when he was
spouses, such donations are not prohibited.
conceived.
Yes, as long as they leave sufficient

The presence of a vice of consent vitiates
the consent of a party in a contract and
property for themselves and for their

dependents.
this renders the contract
Rescissible.
X owed Y P1.5 million. In his will, X gave Y

legacy of P1 million but the will provided
Unenforceable.
that this legacy is to be set off against the

P1.5 million X owed Y. After the set off, X
still owed Y P500,000. Can Y still collect
this amount?
Voidable.
Yes, because the designation of Y as
Void.
legatee created a new and separate

juridical relationship between them, that
of testator-legatee.
It depends upon the discretion of the

probate court if a claim is filed in the
testate proceedings.
Josie owned a lot worth P5 million prior to
her marriage to Rey. Subsequently, their
No, because the intention of the testator in
conjugal partnership spent P3 million for
giving the legacy is to abrogate his entire
the construction of a house on the lot. The
obligation to Y.
construction resulted in an increase in the

value of the house and lot to P9 million.
Who owns the house and the lot?
No, because X had no instruction in his will

to deliver more than the legacy of P1 million
to Y.
Page 173 of 180
When the title holder concealed the matter

from the plaintiff.
Josie and the conjugal partnership of gains
will own both on a 50-50 basis.
When fortuitous circumstances prevented
Josie will own both since the value of
the plaintiff from filing the case sooner.
the house and the increase in the

propertys value is less than her lots
value; but she is to reimburse conjugal
partnership expenses.
When the plaintiff is in possession of the

property.
Josie still owns the lot, it being her

exclusive property, but the house belongs to
Conrad and Linda, both 20 years old,
the conjugal partnership.
applied for a marriage license, making it

appear that they were over 25. They
married without their parents knowledge
The house and lot shall both belong to the

conjugal partnership, with Josie entitled to
before an unsuspecting judge. After the

couple has been in cohabitation for 6 years,
reimbursement for the value of the lot.
Lindas parents filed an action to annul the

An action for reconveyance of a registered
marriage on ground of lack of parental
piece of land may be brought against the
consent. Will the case prosper?
owner appearing on the title based on a

claim that the latter merely holds such title
in trust for the plaintiff. The action
prescribes, however, within 10 years from
the registration of the deed or the date of
the issuance of the certificate of title of the
property as long as the trust had not been
No, since only the couple can question

the validity of their marriage after they
became 21 of age; their cohabitation also
convalidated the marriage.
repudiated. What is the exception to this

10-year prescriptive period?
No, since Lindas parents made no

allegations that earnest efforts have been
When the plaintiff had no notice of the deed

or the issuance of the certificate of title.
made to come to a compromise with Conrad

and Linda and which efforts failed.
Yes, since the marriage is voidable, the

couple being below 21 years of age when
they married.
Pepito executed a will that he and 3
attesting witnesses signed following the
Yes, since Lindas parents never gave their
formalities of law, except that the Notary
consent to the marriage.
Public failed to come. Two days later, the
Page 174 of 180
Conjugal since they earned the same while

Notary Public notarized the will in his law
living as husband and wife.
office where all signatories to the will

acknowledged that the testator signed the
will in the presence of the witnesses and
that the latter themselves signed the will in
the presence of the testator and of one
another. Was the will validly notarized?
No, since it was not notarized on the

occasion when the signatories affixed their
signatures on the will.
Yes, since the Notary Public has to be

present only when the signatories
Separate since their property relations

with their legal spouses are still
subsisting.
Co-ownership since they agreed to work for

their mutual benefit.
Communal since they earned the same as

common-law spouses.
acknowledged the acts required of them

in relation to the will.
What is the prescriptive period for filing an
Yes, but the defect in the mere notarization
action for revocation of a donation based on
of the will is not fatal to its execution.
acts of ingratitude of the donee?
No, since the notary public did not require
5 years from the perfection of the donation.
the signatories to sign their respective

attestations again.
1 year from the perfection of the
donation.
Venecio and Ester lived as common-law

spouses since both have been married to
4 years from the perfection of the donation.
other persons from whom they had been

separated in fact for several years.
Hardworking and bright, each earned
incomes from their respective professions
and enterprises. What is the nature of their
incomes?
Such action does not prescribe.
Before Karen married Karl, she inherited P5
It is conjugal property since the spouses
million from her deceased mother which
use it as a family car.
amount she brought into the marriage. She

later used part of the money to buy a new
Mercedes Benz in her name, which Karen
and her husband used as a family car. Is
the car a conjugal or Karens exclusive
It is Karens exclusive property since it is in

her name.
property?
It is conjugal property having been bought
during the marriage.
Page 175 of 180
No.II. Multiple choice.

It is Karens exclusive property since she
bought it with her own money.
(A). A had a 4-storey building which was
constructed by Engineer B. After five years,
Because of Xs gross negligence, Y suffered
injuries that resulted in the abortion of the
foetus she carried. Y sued X for, among
the building developed cracks and its

stairway eventually gave way and collapsed,
resulting to injuries to some lessees. Who
other damages, P1 million for the death of a

family member. Is Y entitled to indemnity
for the death of the foetus she carried?
should the lessees sue for damages? (1%)
Yes, since the foetus is already regarded as
a child from conception, though unborn.
(1). A, the owner
No, since Xs would not have known that
(2). B, the engineer
the accident would result in Ys abortion.
No, since birth determines personality,
(3). both A & B
the accident did not result in the death

of a person.
SUGGESTED ANSWER:
Yes, since the mother believed in her heart
3. Both A & B.
that she lost a child.
The lessee may proceed against A for

breach of contract, and against B for tort
or statutory liability. Under Article 1654
2010 Civil Law Exam MCQ

(September 12, 2010)
(2) of the New Civil Code, the lessor is

obliged to make all the necessary repairs
in order to keep the leased property
suitable for the use to which it has been
specifications for a building is liable for
devoted. Consequently, under Article
damage if 15 years from the completion
1659 NCC, the proprietor of a building or
of the structure the same should
structure is responsible for the damages
collapse by a reason of a defect by those
resulting from its total or partial
plans and specifications, or due to the
collapse, if it is due to lack of necessary
defects in the ground. This liability
repairs.
maybe enforced against the architect or

engineer even by a third party who has
no privity of contract with the architect
Under Article 1723, NCC, the engineer or
or engineer under Article 2192, NCC.
architect who drew up the plans and
Page 176 of 180
damages suffered by the lessee in the

problem are clearly those resulting from
defects in the construction plans or
ALTERNATIVE ANSWER:
specifications.
No.1. A , the owner .

(B) O, owner of Lot A, learning that
The lessee can sue only the lessor for
breach of contract under Article 1659 in
relation to Article 1654, NCC. The lessee
Japanese soldiers may have buried gold

and other treasures at the adjoining vacant
Lot B belonging to spouses X & Y, excavated
in Lot B where she succeeded in unearthing
cannot sue the architect or the engineer
gold and precious stones. How will the
because there was no privity of contracts
treasures found by O be divided? (1%)
between them. When sued, however, the

lessor may file a third party claim
against the architect or the engineer.
(1). 100% to O as finder
ANOTHER ALTERNATIVE ANSWER:

(2). 50% to O and 50% to the spouses X
No. 2. B, the Engineer .
and Y
(3). 50% to O and 50% to the state

Under Article 1723 the engineer or
architect who drew up the plans and
specifications for a building is liable for
(4). None of the above.
damages if within 15 years from the

completion of the structure, the same
should collapse by reason of a defect in
those plans and specifications, or due to
the defects in the ground. Under Article
SUGGESTED ANSWER:
2192 (NCC), however, if the damages

should be the result of any of the defects
in the construction mentioned in Art
1723, NCC, the third person suffering
damages may proceed only against the
engineer or architect or contractor
within the period fixed therein. The
No. 4. None of the above.
The general rule is that the treasure
allowed to the finder. In the problem, the
shall belong to the spouses X and Y, the
finding of the treasure was not by
owner of Lot B. Under Article 438 (NCC),
chance because O knew that the treasure
the exception is that when the discovery
was in Lot B. While a trespasser is also
of a hidden treasure is made on the
not entitled to any share, and there is no
property of another and by chance, one-
indication in the problem whether or not
half thereof shall belong to the owner of
O was a trespasser, O is not entitled to a
the land and the other one-half is
Page 177 of 180
share because the finding was not by
SUGGESTED ANSWER:
chance.
No. 5 None of the above is sufficient to
make B's acceptance valid .
Since the donation covered an

immovable property, the donation and
(C) A executed a Deed of Donation in favor
of B, a bachelor, covering a parcel of land
valued at P1 million. B was, however, out of
the acceptance must be in public

document and e-mail is not a public
document. Hence, No.1 is false.
the country at the time. For the donation to

be valid, (1%)
No. 2 and No.4 are both false. The

acceptance by the donees father alone
(1). B may e-mail A accepting the donation.
or mother alone, even in a public
(2). The donation may be accepted by Bs

father with whom he lives.
document, is not sufficient because the

father and mother did not have a special
power of attorney for the purpose. Under
Article 745 (NCC), the donee must accept
(3). B can accept the donation anytime

convenient to him.
the donation personally, or through an

authorized person with a special power of
attorney for the purpose; otherwise, the
donation shall be void.
(4). Bs mother who has a general power of

attorney may accept the donation for him.
No.3 is also false. B cannot accept the

donation anytime at his convenience.
(5). None of the above is sufficient to make
Under Article 749 NCC, the donee may

accept the donation only during the
lifetime of the donor.
Bs acceptance valid
(D) A executed a 5-page notarial will before a

notary public and three witnesses. All of them
signed each and every page of the will.
(3). The legacy given to Bs child is not valid
One of the witnesses was B, the father of
SUGGESTED ANSWER:
one of the legatees to the will. What is the

effect of B being a witness to the will? (1%)
No. 3. The legacy given to B's child is not
valid.
(1). The will is invalidated
The validity of the will is not affected by
(2). The will is valid and effective
the legacy in favor of the son of an
Page 178 of 180
(B). bailee;
attesting witness to the will. However,
(C) comodatario;
the said legacy is void under Article 823

NCC.
ALTERNATIVE ANSWER:
No. 2 .The will is valid and effective.
Under Article 823 ( NCC ),the legacy
(D). all the above;
(E). letters a and b
SUGGESTED ANSWER:
given in favor of the son of an

instrumental witness to a will has no
effect on the validity of the will. Hence,
the will is valid and effective.
ALTERNATIVE ANSWER:
(D). all the above
2007 Civil Law Exam MCQ

(September 09, 2007)
(2). A deposit made in compliance with a
No.IX. Multiple choice: Choose the right
legal obligation is:
answer. (2% each)

(A). an extrajudicial deposit;
(1). The parties to a bailment are the:
(B). a voluntary deposit;
(A). bailor;
(C). a necessary deposit;
(D). a deposit with a warehouseman;

(B). a contract, with a stipulation that the
SUGGESTED ANSWER:
debt will be paid through receipt of the

fruits of an immovable;
(C). Involves the payment of interests, if

owing;
(C). a necessary deposit

(D). All of the above;
(3). A contract of antichresis is always:
(E). Letters a and b
(A). a written contract;
SUGGESTED ANSWER:
Page 179 of 180
(5). In order to obtain approval of the

proposed settlement of the debtor in an
insolvency proceeding.
(D). All of the above;
(A). the court must initiate the proposal
(4). An, assignee in a proceeding under the

Insolvency Law does not have the duty of:
(B). 2/3 of the number of creditors should
agree to the settlement;
(A). suing to recover the properties of the
state of the insolvent debtor;
(C). 3/5 of the number of creditors
should agree to the settlement;
(B). selling property of the insolvent debtor;
(D). 1/3 of the total debts must be

(C). ensuring that a debtor corporation
represented by the approving creditors;
operate the business efficiently and

effectively while the proceedings are
pending;
(E). Letters a and b
(D). collecting and discharging debts owed
SUGGESTED ANSWER:
to the insolvent debtor.
SUGGESTED ANSWER:
(C). 3/5 of the number of creditors

should agree to the settlement;
(C). ensuring that a debtor corporation
[Note: Items 4&5 on Insolvency Law are
operate the business efficiently and
not included within the coverage of Civil
effectively while the proceedings are
Law but Commercial Law. It is therefore
pending;
suggested that the examinees be given

full credit for the two items regardless of
their answers.]
(2007, 2009, 2010)
UP LAW REVIEW
References:
PHILIPPINE ASSOCIATION OF LAW
SCHOOLS (2008)
Answers to Bar Examination Questions
by the UP LAW COMPLEX
lawphil.net
Page 180 of 180

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Civil Law Q&As (2007-2013)

Questions and Suggested Answers

PHILIPPINE BAR EXAMINATIONS 2007-2013

Compiled and Arranged By:

Salise, Hector Christopher Jay-Arh Jr. M.

(University of San Jose-Recoletos School of Law)

ANSWERS TO BAR EXAMINATION QUESTIONS by the

Civil Law Q&As (2007-2013)

This work is a compilation of the ANSWERS TO BAR

The authors were inspired by the work of Silliman Universitys

College of Law and its students of producing a very good

Everyone is free to distribute and mass produce copies of this

The answers (views or opinions) presented in this reviewer are

Civil Law Q&As (2007-2013)

(Titles are based on Sillimans Compilation [Arranged by Topic])

Capacity: Juridical Capacity (2008)

Capacity; Juridical Capacity of Donee; Requisites for Acceptance (2012)

Capacity: Legal Capacity; Lex Rei Sitae (2007)

Correction of Entries; Clerical Error Act (2008) 14

Nationality Principle (2009)

Nationality Principle; Change of Name not Covered (2009)

Processual Presumption (2009)

Adoption; Termination; Death of Adopter (2009) 17

Adoption; Illegitimate Child (2010)

Adoption; Illegitimate Child; Use of Mothers Surname as Middle Name (2012)

Consent; Consent of the Adopters Heirs (2008) 19

Qualifications of Adopter (2010)

Civil Law Q&As (2007-2013)

Marriage; Annulment; Grounds (2009)

Marriage; Annulment; Grounds (2007)

Marriage; Annulment; Parties (2012)

Marriage; Annulment; Support Pendente Lite (2010)

Marriage; Divorce Decrees; Filipino Spouse Becoming Alien (2009)

Marriage; Divorce Decrees; Foreign Spouse Divorces Filipino Spouse (2012) 24

Marriage; Divorce Decrees; Foreign Spouse Divorces Filipino Spouse (2010) 25

Marriage; Legal Separation; Prescription (2012) 25

Marriage; Legal Separation; Prescription (2007) 26

Marriage; Psychological Incapacity (2013)

Marriage; Psychological Incapacity (2012)

Marriage; Requisites (2008) 28

Marriage; Subsequent Marriage (2008)

Marriage; Void Marriages; By Reason of Public Policy (2008)

Marriage; Void Marriages; By Reason of Public Policy (2007)

Marriage; Void Marriages; Property Relations (2009)

Marriage; Void Marriages; Status of Children (2009)

Parental Authority; Illegitimate Minor Child (2009)

Parental Authority; In Vitro Fertilization (2010) 32

Civil Law Q&As (2007-2013)

Paternity & Filiation; Child Born Under a Void Marriage (2010)

Paternity & Filiation; Impugning Legitimacy (2010)

Paternity & Filiation; In Vitro Fertilization;

Surrogate Mothers Remedy to Regain Custody (2010) 34

Paternity & Filiation; Legitimacy; Presumption (2008) 35

Paternity & Filiation; Legitimation of a Dead Child (2009)

Paternity & Filiation; Support: Ascendants & Descendants;

Collateral Blood Relatives (2008) 37

Paternity & Filiation; Use of Surname; Illegitimate Child (2009)

Paternity & Filiation; Who May Impugn Legitimacy (2009)

Property Relations; Adulterous Relationship (2009)

Property Relations; Accession (2012)

Property Relations; Ante-Nuptial Debt (2007)

Property Relations; Unions Without Marriage (2012)