Professional Documents
Culture Documents
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 Me
ant To Do.-Leroy Satchel Paige
Page 1 of 180
"birth
the
determines
conceived
child
after birth. Ricky sought to recover the P 1
shall be considered born for all purposes
Million.
that are favorable to it, provided that it
Explain. (5%)
be
born
later
with
the
conditions
specified in Art. 41. Article 41 states
Is
Ricky
entitled
to
recover?
SUGGESTED ANSWER:
that "for civil purposes, the fetus shall
Yes, Ricky is entitled to recover the
be considered born if it is alive at the
P1,000,000.00. The NCC considers a
time it is completely delivered from the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 12 of 180
acquire
bought
ALTERNATIVE ANSWER:
FALSE. Laws relating to family rights
and duties, or to the status, condition or
legal capacity of persons are binding
Capacity: Legal Capacity; Lex Rei Sitae
upon the citizens of the Philippines,
(2007)
even though living abroad (Art. 15, NCC).
The age of majority under Philippine law
No.VII. Write "TRUE" if the statement is
is 18 years (R.A. No. 6809); hence,
true or "FALSE" if the statement is false. If
Roberta, being only 17 years old, has no
the statement is FALSE, state the reason.
legal capacity to acquire and own land.
(2% each).
(1). Roberta, a Filipino, 17 years of age,
without the knowledge of his parents, can
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 13 of 180
as
"legitimate",
her
surname carrying that of Andy s and that
her parents were married to each other.
SUGGESTED ANSWER:
No. An administrative proceeding cannot
be brought for the purpose of making the
above corrections. R.A. 9048, otherwise
known as the Clerical Error Act, which
authorizes the city or municipal civil
(A). Can a judicial action for correction of
registrar or the consul general to correct
entries in Gianna s birth certificate be
a clerical or typographical error in an
successfully maintained to:
entry and/or change the first name or
nickname in the civil register without
a). Change her status from "legitimate" to
need of a judicial order. Errors that
"illegitimate" (1%);
involve the change of nationality, age,
status, surname or sex of petitioner are
and
not included from the coverage of the
b). Change her surname from that of Andy s
to Aimee s maiden surname? (1%)
SUGGESTED ANSWER:
entries in Gianna s birth certificate can
be successfully maintained to change (a)
status
from
"legitimate"
to
"illegitimate," and (b) her surname from
that
of
Andy s
to
174689, 22 Oct., 2007).
Nationality Principle (2009)
Yes, a judicial action for correction of
her
said Act (Silverio v. Republic, G.R. No.
Aimee s
maiden
surname in accordance with Rule 108 of
No.XII. Emmanuel and Margarita, American
citizens and employees of the U.S. State
Department, got married in the African
state of Kenya where sterility is a ground
for annulment of marriage. Thereafter, the
spouses were assigned to the U.S. Embassy
in Manila. On the first year of the spouses
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 14 of 180
they
are
Philippines.
They
are
here
as
officials of the US Embassy whose stay in
the country is merely temporary, lasting
only during their fixed tour of duty.
Hence, the Philippine courts have no
jurisdiction over the action.
and
American
citizens, the governing law as to the
ground for annulment is not Kenyan Law
Nationality Principle; Change of Name
not Covered (2009)
which Magarita invokes in support of
No.XX. (A). If Ligaya, a Filipino citizen
sterility as such ground; but should be
residing in the United States, files a petition
U.S. Law, which is the national Law of
for change of name before the District Court
both
of New York, what law shall apply? Explain.
Emmanuel
and
Margarita
as
recognized under Philippine Law. Hence,
(2%)
the Philippine court will not give due
Whatever
judgment
is
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 15 of 180
in
acquire
jurisdiction
over
the
resolving the petition.
and transactions that law cannot be but
ALTERNATIVE ANSWER:
Philippine law.
Philippine law shall apply (Art 15, NCC).
ALTERNATIVE ANSWER:
Status, conditions, family rights and
U.S. law shall apply as it is his national
duties are governed by Philippine laws as
law. This is pursuant to the application
to
of
Filipinos
even
though
sojourning
lex
patriae
or
the
nationality
abroad.
principle, by which his legal status is
ALTENATIVE ANSWER:
governed by national law, the matter of
only
the
records
of
the
No.I. TRUE or FALSE. Answer TRUE if the
statement
is
true,
or
FALSE
if
the
statement is false. Explain your answer in
not more than two (2) sentences.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 16 of 180
may
Adoption
Assume
Jurisdiction over Conflict of Laws Cases
(2010)
Adoption; Termination; Death of Adopter
(2009)
No.III. Define, Enumerate or Explain. (2%
each)
No.XIII. Rafael, a wealthy bachelor, filed a
petition for the adoption of Dolly, a one(C) Give at least two reasons why a court
year old foundling who had a severe heart
may assume jurisdiction over a conflict of
ailment.
laws case.
adoption proceedings, Rafael died of natural
During
the
pendency
of
the
causes. The Office of the Solicitor General
files a motion to dismiss the petition on the
SUGGESTED ANSWER:
(1) Statute theory. There is a domestic
law
authorizing
the
local
court
to
assume jurisdiction.
(2)
Comity
assumes
theory.
ground that the case can no longer proceed
because of the petitioners death.
(A). Should the case be dismissed? Explain.
The
jurisdiction
local
based
principle of comity or courtesy.
ALTERNATIVE ANSWER:
on
court
the
(2%)
SUGGESTED ANSWER:
It
depends
on
the
stage
of
the
proceedings when Rafael died. If he died
after all the requirements under the law
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 17 of 180
should
be
terminates
dismissed.
the
Her
death
proceedings (Art. 13,
Domestic Adoption Law).
(A) Whose consent is needed for Rexs
adoption of his illegitimate child? (2.5%)
SUGGESTED ANSWER:
ALTERNATIVE ANSWER:
The
It depends. If all the requirements under
legitimate child, of the 10- year -old
the law have already been complied with
illegitimate child and of the biological
and the case is already submitted for
mother of the illegitimate child are
resolution, the death of the adoptee
needed for the adoption (Section 7 and
should not abate the proceedings. The
9, RA 8552). The consent of Lea is no
court
longer
should
issue
the
decree
of
adoption if will be for the best interest of
consent
required
of
the
14-year-old
because
there
was
already a final decree of legal separation.
the adoptee. While RA8552 provides only
for the case where it is the petitioner
(B) If there was no legal separation, can Rex
who dies before the decree is issued, it is
still adopt his illegitimate child? Explain.
with more compelling reason that the
(2.5%)
decree should be allowed in case it is the
adoptee who dies because adoption is
primarily for his benefit.
SUGGESTED ANSWER:
Yes, he can still adopt his illegitimate
child but with the consent of his spouse,
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 18 of 180
his
lineage
on
his
mothers side and reinforce his right to
No.IV.b) Honorato filed a petition to adopt
his
law against it. Moreover, it will also be
her
mothers
middle
name
and
inherit from his mother and her family.
Lastly, it will make the adopted child
conform with the time-honored Filipino
tradition
of
carrying
the
mothers
surname as the persons middle name.
surname; and that he is now a widower and
qualified to be her adopting parent. He
prayed that Stephanies middle name be
Consent; Consent of the Adopters Heirs
changed from "Astorga" to "Garcia," which
(2008)
is her mothers surname and that her
surname "Garcia" be changed to "Catindig,"
No.V. Despite several relationships with
which is his surname. This the trial court
different
Philippine
law
requires
husband and wife to adopt jointly except
on certain situations enumerated in the
law. The case of John does not fall in
any of the exceptions (R.A. 8552).
Family Code
not
necessary because she was not legally
Marriage; Annulment; Grounds (2009)
adopted by Andrew. Jane s consent is
likewise not necessary because she is
No.XII. Emmanuel and Margarita, American
not a child of Andrew. Sandy, an orphan
citizens and employees of the U.S. State
since birth, is eligible for adoption under
Department, got married in the African
Sec. 8(f) of RA 8552, provided that
state of Kenya where sterility is a ground
Andrew obtains the written consent of
for annulment of marriage. Thereafter, the
the other children mentioned above,
spouses were assigned to the U.S. Embassy
including Amy and Elena obtains the
in Manila. On the first year of the spouses
written consent of Jane, if she is over
tour of duty in the Philippines, Margarita
ten years old (Sec. 9(d), RA 8552).
filed an annulment case against Emmanuel
before a Philippine court on the ground of
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 20 of 180
to
avoid
or
annul
the
marriage. Hence, the Philippine court
has to deny the petition.
are residents of the Philippines but
because they are Filipino citizens. The
Philippine court, however, shall apply
the law of the place where the marriage
Marriage; Annulment; Grounds (2007)
was celebrated in determining its formal
No. VII. Write "TRUE" if the statement is
validity (Article 26, FC; Article 17, NCC).
true or "FALSE" if the statement is false. If
the statement is FALSE, state the reason.
Since the marriage was celebrated in
(2% each).
Kenya in accordance with Kenyan law,
the formal validity of such marriage is
(4). The day after John and Marsha got
governed by Kenyan law and any issue as
married,
to the formal validity of that marriage
impotent. Marsha continued to live with
John
told
her
that
he
was
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ground
firms to G and their two children, aged 18
Physical
within
incapacity
five
years
from
its
their
absolute
community
of
and 19.
celebration.
B also opened a bank account in the
amount of P3 million in the name of the two
children to answer for their educational
Marriage; Annulment; Parties (2012)
expenses until they finish their college
No.IX.b) A petition for declaration of nullity
degrees.
of a void marriage can only be filed by
either the husband or the wife? Do you
For her part, G undertook to shoulder the
agree? Explain your answer. (5%)
day-to-day living expenses and upkeep of
the
I
agree.
Under
The
Court
approved
the
spouses agreement on September 8, 2000.
SUGGESTED ANSWER:
Yes,
children.
the
rules
(A) Suppose the business firms suffered
promulgated by the Supreme Court, a
reverses, rendering G unable to support
direct action for declaration of nullity
herself and the children. Can G still ask for
may only be filed by any of the spouses.
support pendente lite from B? Explain. (3%)
ALTERNATIVE SUGGESTED ANSWER:
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 22 of 180
year
thereafter,
returned
Wilma
and
and
established
permanent residence in the Philippines.
their college degrees, can they ask for more
(A). Is the divorce obtained by Wilma from
support from B? Explain. (3%)
Harry
recognized
in
the
Philippines?
Explain your answer. (3%)
SUGGESTED ANSWER:
Yes, the two children can still ask for
SUGGESTED ANSRWER :
support for schooling or training for
some professions,
trade
or
vocation,
even beyond the
they shall have
their education
2, Family Code;
Phil.
634
{1954}].Their
having
have
capacity
to
contract a subsequent marriage, it must
also be proven that the foreign divorced
obtained abroad by the foreigner spouse
SUGGESTED ANSWER:
give such foreigner spouse capacity to
Yes, he is capacitated to remarry. While
the second paragraph of Art 26 of the
Family Code is applicable only to a
remarry.
ALTERNATIVE ANSWER:
Filipino who married a foreigner at the
TRUE, Art 26 (2) (FC), clearly provides
time of marriage, the Supreme Court
that the decree of divorce obtained
ruled in the case of Republic v. Orbecido,
abroad
G.R. No. 154380, 5 Oct, 2005, that the
sufficient
said
spouse to remarry.
provision
equally
applies
to
a
by
the
to
foreigner
capacitate
spouse
the
is
Filipino
Filipino who married another Filipino at
the time of the marriage, but who was
already a foreigner when the divorce was
Marriage; Legal Separation; Prescription
obtained.
(2012)
No.IV.a)
Marriage;
Divorce
Decrees;
Foreign
Spouse Divorces Filipino Spouse (2010)
No.I. True or False.
(A). Under Article 26 of the Family Code,
when a foreign spouse divorces his/her
Filipino spouse, the latter may re-marry by
After
they
got
married,
Nikki
discovered that Christian was having an
affair with another woman.
But
Nikki
decided to give it a try and lived with him
for two (2) years. After two (2) years, Nikki
filed an action for legal separation on the
ground of Christians sexual infidelity. Will
the action prosper? Explain. (5%)
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 25 of 180
Incapacity
(2013)
action would prosper because the action
will surely be within five (5) years from
No.I. You are a Family Court judge and
the commission of the latest act of
before you is a Petition for the Declaration
sexual infidelity. Every act of sexual
of Nullity of Marriage (under Article 36 of
liaison is a ground for legal separation.
the Family Code)filed by Maria against Neil.
Maria claims that Neil is psychologically
incapacitated to comply with the essential
Marriage; Legal Separation; Prescription
(2007)
obligations of marriage because Neil is a
drunkard, a womanizer, a gambler, and a
mama s boy- traits that she never knew or
No.VII. Write "TRUE" if the statement is
true or "FALSE" if the statement is false. If
the statement is FALSE, state the reason.
(2% each).
saw when Neil was courting her. Although
summoned, Neil did not answer Maria s
petition and never appeared in court.
To support her petition, Maria presented
(2). If a man commits several acts of sexual
infidelity, particularly in 2002, 2003, 2004,
2005, the prescriptive period to file for legal
three witnesses- herself, Dr. Elsie Chan,
and Ambrosia. Dr. Chan testified on the
psychological
report
on
Neil
that
she
prepared. Since Neil never acknowledged
determine
is
It
of
is
the
existence
of
(Marcos
v.
corroborated
Ambrosias
sufficiently
a
by
testimonies,
prove
Neils
psychological incapacity to assume his
marital obligations.
and
serious enough to prevent Neil from
performing
his
essential
marital
obligations. Dr. Chans report contains
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 27 of 180
Should
examine
the
the
narration
annulment
years of age, her parents forcibly took her
granted? Explain. (5%)
back and arranged for her marriage to
Brad. Although Faye lived with Brad after
SUGGESTED ANSWER:
The annulment cannot be guaranteed
solely on the basis of the psychological
report. For the report to prove the
psychological
respondent,
it
incapacity
of
the
is
that
the
required
psychologist should personally examine
the respondent and the psychological
report
should
be
based
on
the
psychologists independent assessment
of the facts as to whether or not the
respondent
is
psychologically
incapacitated.
Since,
the
the
marriage,
Roderick
continued
to
regularly visit Faye while Brad was away at
work. During their marriage, Faye gave
birth to a baby girl, Laica. When Faye was
25 years old, Brad discovered her continued
liason with Roderick and in one of their
heated arguments, Faye shot Brad to death.
She lost no time in marrying her true love
Roderick,
without
a
marriage
license,
claiming that they have been continuously
cohabiting for more than 5 years.
(A). Was the marriage of Roderick and Faye
psychologist
did
not
personally examine the respondent, and
valid? (2%)
SUGGESTED ANSWER:
his report is based solely on the story of
the petitioner who has an interest in the
No. The marriage of Roderick and Faye is
outcome of the petition, the marriage
not valid. Art. 4, FC provides that the
priest
refused
to
solemnize
present case, the marriage of Roderick
marriages except in his church. Is the
and Faye cannot be considered as a
marriage valid? Explain fully. (5%)
marriage
of
exceptional
character,
because there were 2 legal impediments
during their cohabitation: minority on
the part of Faye, during the first two
years of cohabitation; and, lack of legal
capacity, since Faye married Brad at the
age of 18. The absence of a marriage
license made the marriage of Faye and
Roderick void ab initio.
SUGGESTED ANSWER:
No. The marriage is not valid. Art. 41 FC
allows the present spouse to contract a
subsequent
marriage
during
the
subsistence of his previous marriage
provided that: (a) his prior spouse in the
first marriage had been absent for four
consecutive years; (b) that the spouse
present has a well-founded belief that
the absent spouse was already dead, and
Marriage; Subsequent Marriage (2008)
(C) present spouse instituted a summary
No. I. Ana Rivera had a husband, a Filipino
proceeding for the declaration of the
citizen
the
presumptive death of absent spouse.
passengers on board a commercial jet plane
Otherwise, the second marriage shall be
which crashed in the Atlantic Ocean ten
null and void. In the instant case, the
(10) years earlier and had never been heard
husband
of ever since. Believing that her husband
passengers on board a commercial jet
had died, Ana married Adolf Cruz Staedtler,
plane which crashed in the Atlantic
a divorced German national born of a
Ocean.
German
father
mother
husband was not recovered to confirm
residing
in
being
his death. Thus, following Art. 41, Ana
like
her,
who
and
a
Stuttgart.
was
among
Filipino
To
avoid
of
The
Ana
body
was
of
among
the
the
deceased
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 29 of 180
Mayor
Thereafter, the couple lived together as
showed him the marriage contract forms
husband and wife, and had three sons.
and told him that the couple and their
at
the
wedding
reception,
she
witnesses were waiting in his office. The
(C). What property regime governs the
Mayor forthwith signed all the copies of the
properties acquired by the couple? Explain.
marriage
(2%)
secretary who returned to the Mayors
contract,
gave
them
to
the
office. She then gave copies of the marriage
SUGGESTED ANSWER:
contract to the parties, and told Michael
and Anna that they were already married.
The marriage being void, the property
Thereafter, the couple lived together as
relationship that governed their union is
husband and wife, and had three sons.
special co-ownership under Article 147
of the Family Code. This is on the
the
mother,
can
exercise
SUGGESTED ANSWER:
parental authority. Since the child was
Venus is illegitimate. She was conceived
born
is
and born outside a valid marriage. Thus,
illegitimate and the mother has the
she is considered illegitimate (Art 165,
exclusive parental authority and custody
Family
over the child.
legitimated by the subsequent marriage
out
of
wedlock,
the
child
ALTERNATIVE ANSWER:
Code).
While
Venus
was
of her parents, such legitimation was
rendered
ineffective
when
the
said
Gigolo can exercise parental authority
marriage was later on declared null and
over the child. Majorette has no blood
void
relation to the child. She is just a
license.
carrier of the child.
due
to
absence
of
a
marriage
Under Article 178 of the Family Code,
legitimation
subsequent
shall
valid
take
place
marriage
by
a
between
Paternity & Filiation; Child Born Under a
parents. The annulment of a voidable
Void Marriage (2010)
marriage
shall
legitimation.
not
The
affect
inclusion
the
of
the
No.X. In 1997, B and G started living
underscored
together without the benefit of marriage.
necessarily implies that the Article s
The relationship produced one offspring,
application
Venus. The couple acquired a residential lot
marriages.
portion
is
It
in
limited
follows
the
to
that
Article
voidable
when
the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 33 of 180
be
daughter by another man.
legitimate daughter of B by G.
No.IV.
Spouses
offsprings.
B
Albeit
personality
and
they
differences,
G
begot
had
the
conclusively
presumed
as
the
(A). If G gives the surname of B to her
daughter by another man, what can B do to
protect their legitimate children s interests?
Explain. (5%)
Paternity
&
Fertilization;
Filiation;
In
Surrogate
Vitro
Mothers
Remedy to Regain Custody (2010)
SUGGESTED ANSWER:
No.VI. Gigolo entered into an agreement
B can impugn the status of G s daughter
with Majorette for her to carry in her womb
by
his baby via in vitro fertilization. Gigolo
another
daughter
on
man
the
as
his
ground
legitimate
that
for
undertook to underwrite Majorettes prebiological reason he could not have been
natal expenses as well as those attendant
the father of the child, a fact that may
to her delivery. Gigolo would thereafter pay
be proven by the DNA test. Having been
Majorette P2 million and, in return, she
born during the marriage between B and
would give custody of the baby to him.
G, G s daughter by another man is
presumed as the child of B under Article
After Majorette gives birth and delivers the
164 of the Family Code. In the same
baby to Gigolo following her receipt of P2
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 34 of 180
Roderick
without
a
continued
marriage
die
after
the
without
filing
having
of
the
desisted
license,
claiming that they have been continuosly
(D).
cohabiting for more than 5 years.
marriage of her biological parents? (1%)
(B). What is the filiation status of Laica?
SUGGESTED ANSWER:
(2%)
Can
Laica
be
legitimated
by
the
No. Laica cannot be legitimated by the
marriage
SUGGESTED ANSWER:
of
her
biological
parents
because only children conceived and
Laica
is
legitimate
children
born outside of wedlock of parents who
conceived or born during the marriage of
at the time of the conception of the
the
former were not disqualified by any
parents
are
because
presumed
to
be
legitimate (Art. 164, FC).
impediment to marry each other may be
legitimated (Art. 177, FC).
(C).Can Laica bring an action to impugn her
own status on the ground that based on
DNA results, Roderick is her biological
father? (2%)
Paternity & Filiation; Legitimation of a
Child from a Previous Valid Marriage
SUGGESTED ANSWER:
(2008)
No. Laica cannot bring an action to
impugn her own status. In Liyao Jr. v.
Tanhoti-Liyao,
G.R.
No.
138961,
07
No. IV. Gianna was born to Andy and
Aimee, who at the time Gianna s birth were
not married to each other. While Andy was
single at the time, Aimee was still in the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 36 of 180
Amy, now 30
Carla, produced
third, with
although
cannot
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 38 of 180
Four
children,
namely:
Alberto,
will successfully impugn such status.
Baldomero, Caridad, and Dioscoro, were
born to the spouses Conrado and Clarita de
In the problem, therefore, the filiation of
la Costa. The childrens birth certificates
Alberto and Baldomero as legitimate
were duly signed by Conrado, showing
children of Condrado cannot be changed
them to be the couples legitimate children.
by their recognition by Edilberto as his
Later, one Edilberto de la Cruz executed a
notarial document acknowledging Alberto
and Baldomero as his illegitimate children
>with
Clarita.
Edilberto
died
leaving
substantial properties. In the settlement of
his
estate,
Alberto
intervened
claiming
deceaseds
illegitimate
and
shares
Baldomero
as
the
children.
The
legitimate family of Edilberto opposed the
claim.
illegitimate children. Before they can be
conferred
illegitimate
first
the
status
children,
impugn
their
of
Edilbertos
Condrado
must
legitimacy.
Since
Condrado has not initiated any action to
impugn their legitimacy, they continue
to be the legitimate of Condrado. They
cannot be the illegitimate children of
Edilberto at the same time. Not being
the illegitimate children of Edilberto,
they have no right to inherit from him.
Are Alberto and Baldomero entitled to share
in the estate of Edilberto? Explain. (4%)
Property
Alberto
and
Baldomero
Adulterous
Relationship (2009)
SUGGESTED ANSWER:
No,
Relations;
are
not
entitled to share in Edilbertos estate.
No. XI. TRUE or FALSE. Answer TRUE if
the statement is true, or FALSE if the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 39 of 180
the
deemed
to
property.
to
have
the
The
not
contributed in the earning of the salary
of the married partner.
the
such
building,
case,
the
the
land
building becomes paraphernal propery.
Note: The rule on reverse accession is
applicable only to the regime of conjugal
partnership of gains in both the Family
Code and the New Civil Code. The foregoing
answer assumes that CPG is the regime of
the property relations of the spouses.
Property Relations; Ante-Nuptial Debt
Property Relations; Accession (2012)
No.III.(a) Maria, wife of Pedro, withdrew P 5
Million from their conjugal funds. With this
money, she constructed a building on a lot
which she inherited from her father. Is the
(2007)
No. VII. Write "TRUE" if the statement is
true or "FALSE" if the statement is false. If
the statement is FALSE, state the reason.
(2% each).
building conjugal or paraphernal? Reasons.
(5%)
(3). An individual, While single, purchases a
house and lot in 1990 and borrows money
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 40 of 180
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 41 of 180
his
his
If, on the other hand, Jambrich and
Descallar were not capacitated to marry
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 42 of 180
question
purchase
price
came from Jambrich, the entire property
third (1/3)
is his even though he is disqualified from
February 14, 1990 out of a cash gift
owning it. His subsequent transfer to
given to her by her parents on her
Borromeo,
it
graduation on April 6, 1989; and the
removed the disqualification. In such
balance was paid out of the spouses
case, all the properties are owned by
joint income; and
Borromeo.
Descallar
however,
If,
on
is
the
valid
as
other
hand
to
their
contributed
was
(representing
paid
by
G
on
an apartment unit donated to B by
an uncle on June 19, 1987.
acquisition, the properties are co-owned
by Descallar and Borromeo in proportion
to the respective contributions of the
Descallar and Jambrich.
(A) Who owns the foregoing properties?
Explain. (5%)
SUGGESTED ANSWER:
Note: The facts of the problem are not
exactly the same as in the case of
Borromeo v. Descallar, G.R. NO. 159310,
Feb 24, 2009, hence, the difference in
the resulting answer.
Since the marriage was declared void ab
initio in 2001, no Absolute Community
or
Conjugal
Partnership
established between
property
relation
is
was
ever
B and G. Their
governed
by
a
special co-ownership under Article 147
Property
Relations;
Void
Marriages
(2010)
No.VII. G and B were married on July 3,
1989. On March 4, 2001, the marriage,
which bore no offspring, was declared
void ab initio under Article 36 of the Family
Code. At the time of the dissolution of the
of the Family Code because they were
capacitated to marry each other.
Under
that
Article
147,
wages
and
salaries of the former spouses earned
during their cohabitation shall be owned
by them in equal shares while properties
acquired thru their work for industry
shall be owned by them in proportion to
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 43 of 180
extent
its
because it did not come from his wage or
acquisition in the form of the down
salary, or from his work or industry. It
payment he made before the celebration
was
of the marriage. The money he used to
uncle.
for
his
contributions
in
still
be
acquired
his
exclusive
gratuitously
property
from
his
pay the down payment was not earned
during the cohabitation, hence, it is his
exclusive property.
(B) If G and B had married on July 3, 1987
and their marriage was dissolved in 2007,
who owns the properties? Explain. (5%)
(2) 1/3 of the house and lot is owned by
SUGGESTED ANSWER:
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 44 of 180
Community
or
Conjugal
Partnership was established between B
and G. Their properties are governed by
the special co-ownership provision of
Article 147 of the Family Code because
both B and G were capacitated to marry
each other. The said Article provides
that when a man and a woman who are
capacitated to marry each other,
live
exclusively with each other as husband
and wife without the benefit of marriage,
or under a void marriage: (1) their wages
Property
Relations;
Void
Marriages
(2010)
No.X. In 1997, B and G started living
together without the benefit of marriage.
The relationship produced one offspring,
Venus. The couple acquired a residential lot
and salaries shall be owned by them in
equal shares; and (2) property acquired
by both of them through their work or
industry shall be governed by the rules
on co-ownership. In co-ownership, the
parties are co-owners if they contributed
something of value in the acquisition of
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 45 of 180
who
inherits the property? (2%)
three (3) children. Paula later obtained a
judgment of nullity of marriage. Their
absolute community of property having
SUGGESTED ANSWER:
Ruffa
will
inherit
been dissolved, they delivered P1 million to
the
property
as
Scarlet s heir. Scarlet acquires a right to
the
succession
3
children
as
their
presumptive legitimes.
she
children by his second wife Marie. Peter
should predecease Ruffa (Art. 866, Civil
and Marie, having successfully engaged in
Code).
business, acquired real properties. Peter
even
time
their
Peter later re-married and had two (2)
death,
the
of
of
Raymond s
from
each
though
(C). If Ruffa predeceases Raymond, can
later died intestate.
Scarlet inherit the property directly from
(A). Who are Peters legal heirs and how will
Raymond? (2%)
his estate be divided among them? (5%)
SUGGESTED ANSWER:
SUGGESTED ANSWER:
If
Ruffa
Raymond s
predeceases
widowed
mother
Raymond,
will
be
entitled to the inheritance. Scarlet, an
illegitimate child, cannot inherit the
property by intestate succession from
Raymond who is a legitimate relative of
The legal heirs of Peter are his children
by the first and second marriages and
his surviving second wife.
Their shares in the estate of Peter will
depend, however, on the cause of the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 47 of 180
of the estate
second spouse
3
distributed
is
marriage
children are illegitimate and the estate
be
nullity
legitimate of the estate for
marriage are legitimate and all of the
legal heirs shall share the estate of Peter
of
illegitimate 1/12
of
estate
for
each of first marriage
illegitimate child of the first marriage
shall receive half of the share of a
legitimate child of the second marriage,
and the second wife will inherit a share
equal to that of a legitimate child. In no
case may the two legitimate children of
the second marriage receive a share less
than one-half of the estate which is their
legitime.
When
the
estate
is
not
sufficient to pay all the legitimes of the
compulsory heirs, the legitime of the
Note: The legitime of an illegitimate
child is supposed to be the legitime of
a legitimate child or 1/8 of the estate.
children
marriage
by
first 1/6 of the estate
for each
2 children by second 1/6 of the estate
marriage
for each
Surviving
second 1/6 of the estate
spouse
(B). What is the effect of the receipt by
Peters 3 children by his first marriage of
their presumptive legitimes on their right to
inherit following Peters death? (5%)
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
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 48 of 180
from
is
Ricky
Franco and Ricky is a legitimate relative
of Franco.
Heirs; Representation; Iron-Curtain Rule
(2012)
Heirs; Reserva Troncal (2009)
No.VIII.a) Ricky and Arlene are married.
They begot Franco during their marriage.
No. I. TRUE or FALSE. Answer TRUE if the
Franco had an illicit relationship with
statement
Audrey and out of which, they begot Arnel.
statement is false. Explain your answer in
Frnaco
not more than two (2) sentences.
predeceased
Ricky,
Arlene
and
is
true,
or
FALSE
if
the
Arnel. Before Ricky died, he executed a will
which when submitted to probate was
(B).In reservatroncal, all reservatarios (reser
opposed by Arnel on the ground that he
vees) inherit as a class and in equal shares
should be given the share of his father,
regardless of their proximity in degree to
direct
laws
line
of
intestate
excludes
the
ascending ,the nearer excludes the more
remote, the nephews and nieces exclude
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 49 of 180
deceased
husband. The wife will receive half of the
intestate estate, while the siblings or
respective
of a
deceased full-blood brother)? Explain. (3%)
SUGGESTED ANSWER:
estate or P5,000,000.00. The other half
Having died intestate, the estate of
heirs
sister, and three nephews (sons
The wife will receive one half (1/2) of the
SUGGESTED ANSWER:
their
will
(B). If Ramon is survived by his wife, a half(A). If Ramon is survived by his wife, three
intestate
nephew
P1,000,000.00
No. VII. Ramon Mayaman died intestate,
the
The
representatives,
will
inherit the other half to be divided
among them equally. If some siblings are
of the full-blood and the other of the half
blood, a half blood sibling will receive
half the share of a full-blood sibling.
shall be inherited by (1) the full-blood
brother,
represented
by
his
three
children, and (2) the half-sister. They
will divide the other half between them
such that the share of the half-sister is
just half the share of the full-blood
brother.
The share
of
the full-blood
brother shall in turn be inherited by the
three nephews in equal shares by right of
presentation.
Therefore, the three (3) nephews will
receive P1,111,111.10 each the halfsister
will
receive
the
sum
of
P1,666,666.60.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 50 of 180
adopted.
The
the
adopter
law
on
and
the
representation
requires the representative to be a legal
heir of the person he is representing and
in
the
problem
as
indicative of the situation that Cherry
was
(1). Shelly, being an adopted child, she
only
"respectively"
adopted
by
Ramon
alone
and
Michelle was adopted by Dessa alone. In
such
case
of
separate
adoption
the
from
of
Larry,
the
him
XII.
Ernesto,
and
how
an
overseas
much
should
Filipino
each
receive?(3%)
Legitimes; Compulsory Heirs (2012)
SUGGESTED ANSWER:
No.VIII.b) How can RJP distribute his estate
The mother and twin sons are entitled to
by will, if his heirs are JCP, his wife; HBR
inherit from Ernesto. Art. 991 of the
and RVC, his parents; and an illegitimate
Civil Code, provides that if legitimate
child, SGO?
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 53 of 180
of
Death
between
persons called to succeed each other
(2008)
No. II. At age 18, Marian found out that she
was pregnant. She insured her own life and
named
her
unborn
child
as
her
sole
beneficiary. When she was already due to
give birth, she and her boyfriend Pietro, the
father
of
her
unboarn
child,
were
kidnapped in a resort in Bataan where they
were vacationing. The military gave chase
and after one week, they were found in an
abandoned hut in Cavite. Marian and Pietro
were hacked with bolos. Marian and the
baby delivered were both found dead, with
the baby s umbilical cord already cut. Pietro
survived.
baby was also hacked to death. The
baby s death could have been due to lack
of nutrition.
ALTERNATIVE ANSWER:
The baby is presumed to have died ahead
of Marian. Under Par. 5, rule 131, Sec. 5
(KK) of the Rules of Court, if one is
under 15 or above 60 and the age of the
other is in between 15 and 60, the latter
is presumed to have survived. In the
instant case, Marian was already 18
when
she
found
out
that
she
was
pregnant. She could be of the same age
or maybe 19 years of age when she gave
birth.
(C). Will Pietro, as surviving biological
father of the baby, be entitled to claim the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 55 of 180
of
from
Roberto,
however, will succeed their grandfather,
Dr. Lopez ,in representation of their
No. II. Dr. Lopez, a 70-year old widower,
father Roberto and together Roberto will
and his son Roberto both died in a fire that
receive 1/3 of the estate of Dr. Lopez
gutted their home while they were sleeping
since their father Roberto was one of the
in their air-conditioned rooms. Robertos
three children of Dr. Lopez . Marilyn
wife, Marilyn, and their two children were
cannot represent her husband Roberto
spared because they were in the province at
because the right is not given by the law
the time. Dr. Lopez left an estate worth
to a surviving spouse.
P20M and a life insurance policy in the
amount of P1M with his three children --As to the proceeds of the insurance on
one of whom is Roberto --- as beneficiaries.
the life of Dr. Lopez:
Marilyn is now claiming for herself and her
Since succession is
children her husbands share in the estate
regards
left by Dr. Lopez, and her husbands share
provisions of the Rules of Court (Rule
in the proceeds of Dr. Lopezs life insurance
and
does
not
require
However, if the cancellation of Rosas
name was not done by the testator
himself, such cancellation shall not be
effective and the will in its original tenor
Wills; Holographic Wills; Insertions &
shall remain valid. The effectively of the
Cancellations (2012)
holographic will cannot be left to the
mercy of unscrupulous third parties.
No.VII.a) Natividads holographic will, which
had only one (1) substantial provision, as
The writing of Gregorios name as sole
first written, named Rosa as her sole heir.
heir was ineffective, even though written
However, when Gregorio presented it for
by the testator himself, because such is
probate, it already contained an alteration,
an
naming Gregorio, instead of Rosa, as sole
authentication by the full signature of
heir,
by
the testator to be valid and effective. Not
Natividads signature. Rosa opposes the
having an authenticated, the designation
probate
of Gregorio as an heir was ineffective,
but
without
alleging
authentication.
authentication
such
She
lack
claims
of
proper
that
the
unaltered form of the will should be given
alteration
that
requires
(Kalaw v. Relova, G.R. No. L-40207, Sept
28, 1984).
effect. Whose claim should be granted?
Explain. (5%)
SUGGESTED ANSWER:
Wills; Holographic Wills; Probate (2009)
It depends. If the cancellation of Rosas
No.VI. On December 1, 2000, Dr. Juanito
name in the will was done by the
Fuentes
testator himself, Rosas claimed that the
wherein he gave nothing to his recognized
holographic will in its original tenor
illegitimate son, Jay. Dr. Fuentes left for the
executed
a
holographic
will,
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 57 of 180
he
since
purposes
Philippines,
resides,
of
an
or
probate
alien
in
testator
according
to
the
national
they
the
law
succeed,
New
of
the
how
York
testator
much
law
does
their
not
formalities of the law of his own country,
recognize the concept of compulsory
or in accordance with the Philippine
heirs, Jay is not a compulsory heir of Dr.
Civil Code (Art. 816, NCC). Since Dr.
Fuentes entitled to a legitime.
Fuentes executed his will in accordance
with the Philippine law, the Philippine
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 58 of 180
couple
acquired
substantial
landholdings in London and in Makati.
Maria
begot
three
(3)
children,
Jorge,
Luisito, and Joshur. In one of their trips to
SUGGESTED ANSWER:
London, the couple executed a joint will
No. The will cannot be admitted to
appointing each other as their heirs and
probate because a joint will is expressly
providing that upon the death of the
prohibited under Art. 818 of the Civil
survivor between them, the entire estate
Code. This provision applies John and
would go to Jorge and Luisito only but the
Paula became Filipino citizens after their
two (2) could not dispose of nor divide the
marriage.
London estate as long as they live. John
and Maria died tragically in the London
(B).
Are
valid? (2%)
the
testamentary
dispositions
subway terrorist attack in 2005. Jorge and
Luisito filed a petition for probate of their
parents will before a Makati Regional Trial
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 59 of 180
Joshur
was
cannot be partitioned for as long as the
youngest of his four children desires to stay
there. As coheirs and co-owners, the other
three may demand partition anytime. (1%)
SUGGESTED ANSWER:
preterited. He was preterited because he
will receive nothing from the will, will
FALSE, The other three co heirs may
receive nothing in testacy, and the facts
not anytime demand the partition of the
do not show that he received anything as
house and lot since it was expressly
an advance on his inheritance. He was
provided by the decedent in his will that
totally excluded from the inheritance of
the same cannot be partitioned while his
his parents.
youngest child desires to stay there.
Article 1083 of the New Civil Code allows
(3) Is the testamentary prohibition against
a decedent to prohibit, by will, the
the division of the London estate valid?
partition of a property and his estate for
Explain. (1%)
a period not longer than 20 years no
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 60 of 180
Roberta
to notarize it. A week after, Clara was run
(C). Is the testamentary prohibition against
over by a drunk driver while crossing the
the division of the London estate valid? (2%)
street in Greenbelt.
SUGGESTED ANSWER:
May the will of Clara be admitted to
No. the testamentary prohibition against
the division of the London estate is void
(Art.
870,
Civil
Code).
A
probate? Give your reasons briefly. (10%)
SUGGESTED ANSWER:
testator,
however, may prohibit partition for a
Probate
should
be
denied.
The
period which shall not exceed twenty
requirement that the testator and at
(20) years (Art. 870 in relation to Art.
least three (3) witnesses must sign all in
494, par 3, Civil Code).
the "presence" of one another was not
complied with. Benjamin who notarized
the will is disqualified as a witness,
Wills; Witnesses to
required;
a
Thumbmark
Will, Presence
as
Signature
(2007)
the three witnesses (Cruz v. Villasor, 54
SCRA 31, 1973). The testatrix and the
other witnesses signed the will not in
No.VI. Clara, thinking of her mortality,
drafted a will and asked Roberta, Hannah,
Luisa
hence he cannot be counted as one of
and
Benjamin
to
be
witnesses.
During the day of signing of her will, Clara
fell down the stairs and broke her arms.
Coming from the hospital, Clara insisted on
signing her will by thumb mark and said
the presence of Roberta because she was
in the restroom for extended periods of
time. Inside the restroom, Roberta could
not have possibly seen the testatrix and
the other witnesses sign the will by
merely casting her eyes in the proper
direction (Jaboneta v. Gustilo, 5 Phil
541, 1906; Nera v. Rimando, 18 Phil
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 62 of 180
SUGGESTED ANSWER:
Salud, L-104 Phil 1046, 23 June, 1958).
The problem, however, states that Clara
NO. Angie is not correct. The Picasso
"said that she can sign her full name
painting is not given or donated by
later;" Hence, she did not consider her
Jennifer to Brad. She merely "placed it
thumb mark as her "complete" signature,
in his bedroom." Hence, she is still the
and intended further action on her part.
owner of the painting. Not being the
The testatrix and the other witness
owner of the Picasso painting, Brad
signed
of
cannot validly bequeath the same to
Hannah, because she was aware of her
Angie (Art. 930, NCC). Even assuming
function and role as witness and was in a
that the painting was impliedly given or
position to see the testatrix and the
donated
other witnesses sign by merely casting
donation is nevertheless void for not
her eyes in the proper direction.
being in writing. The Picasso painting
the
will
in
the
presence
Donation
Donations; Formalities; In Writing (2007)
by
Jennifer
to
Brad,
the
must be worth more than 5,000 pesos.
Under Art. 748, NCC, the donation and
acceptance of a movable worth more
than 5,000 pesos must be in writing,
No. VIII. In 1986, Jennifer and Brad were
otherwise the donation is void. The
madly in love. In 1989, because a certain
donation being void, Jennifer remained
Picasso painting reminded Brad of her,
the owner of the Picasso painting and
Jennifer acquired it and placed it in his
Brad could not have validly disposed of
bedroom. In 1990, Brad and Jennifer broke
said painting in favor of Angie in his will.
up. While Brad was mending his broken
heart, he met Angie and fell in love.
ALTERNATIVE ANSWER:
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 63 of 180
deed
clearly
states
that
the
donation inter vivos (Art. 729, Civil
donation shall take effect upon the
Code).
death of the donor, Josefa. The donor,
moreover, retained ownership of the
The
Civil
Code
prefers
inter
vivos
subject property as it was declared that
transmissions. Moreover, mortis causa
the
property
cannot
be
alienated,
donations should follow the formalities
encumbered, sold or disposed of while
of a will (Art. 728, Civil Code). Here there
the donor is still alive.
is no showing that such formalities were
followed. Thus, it is favorable to Jennifer
As the donation is in the nature of a
that the deed is a donation inter vivos.
conveyances
mortis
causa
where
Property
revocability is the essence of the act, to
the
extent
that
a
testator
cannot
Accretion; Alluvium (2008)
lawfully waive or restrict his right of
revocation. The provisions of the deed of
No. IX. The properties of Jessica and Jenny,
donation which state that the same will
who are neighbors, lie along the banks of
only take effect upon the death of the
the Marikina River. At certain times of the
donor and that there is a prohibition to
year, the river would swell and as the water
alienate, encumber, dispose, or sell the
recedes, soil, rocks and other materials are
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 65 of 180
and
extending towards the river, so that when
meters
the water recedes, soil and other materials
because
are trapped within this barrier. After several
barrier about 2 meters from her property
years, the area between Jessica s property
causing
line to the concrete barrier was completely
materials when the water recedes. In
filled
increasing
other words, the increase in her property
Jessica s property by 2 meters. Jenny s
was not caused by nature but was manproperty, where no barrier was constructed,
made.
with
soil,
effectively
of
land
she
along
her
constructed
deposits
of
a
soil
property
concrete
and
other
also increased by one meter along the side
(B). If Jessica s and Jenny s properties are
of the river.
registered,
will
the
benefit
of
such
(A). Can Jessica and Jenny legally claim
registration extend to the increased area of
ownership over the additional 2 meters and
their properties? (2%)
one meter, respectively, of land deposited
along their properties?(2%)
SUGGESTED ANSWER:
SUGGESTED ANSWER:
If the properties of Jessica and Jenny
are
registered,
the
the
land
increased
deposited along her property. Art. 457 of
Accretion
the Civil Code provides that "to the
the
properties.
automatically
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 66 of 180
proven
evidence.
by
Only
clear
and
then
convincing
would
his
possession become adverse.
against Marciano? Explain. (3%)
faith, because he knew he does not own
the land, he will lose the three huts he
faith
meter land (Lot A) in Paranaque. The land
now has a fair market value of Pl,200,000.
CRC likewise sold to the spouses Rodriguez,
a 700-square meter land (Lot B) which is
adjacent to Lot A. Lot B has a present fair
market value of P1,500,000.
on Lot B, relying on their presentation of
the CRC sales agent that it is the property
of their house did the spouses Dela Cruz
Although Ulpiano is a possessor in bad
bad
sold to the spouses Del a Cruz a500-square
they purchased. Only upon the completion
SUGGESTED ANSWER:
in
No.VIII. Ciriaco Realty Corporation (CRC)
The spouses Dela Cruz constructed a house
(B). What rights, if any, does Ulpiano have
built
Builder; Good Faith; Requisites (2013)
and
make
an
accounting of the fruits he has gathered,
he has the right to deduct from the
value of the fruits the expenses for
discovered that they had built on Lot B
owned by the spouses Rodriguez, not on Lot
A that they purchased. They spent P 1
000,000 for the house.
As their lawyer, advise the spouses Dela
Cruz on their rights and obligations under
the given circumstances, and the recourses
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 68 of 180
property.
No.VII.In 2005, Andres built a residential
In light of the engineer s findings and the
house on a lot whose only access to the
circumstances of the case, resolve the
national highway was a pathway crossing
parties
the
existing
dominant
estate to the public highway, even if the
(1) The (dominant) estate is surrounded
said outlet, for one reason or another, be
by other immovables and is without
inconvenient,
adequate outlet to a public highway;
another servitude is entirely unjustified
(2)
After
payment
of
the
proper
indemnity;
proprietors own acts; and
need
to
open
up
(Costabella Corporation v. CA, G.R. No.
80511, Jan 25, 1991). The rule that the
easement
(3) The isolation was not due to the
the
of
right
of
way
shall
be
established at the point least prejudicial
to the servient estate is controlling
(Quimen v. Quimen and CA, G.R. No.
(4) The right of way claimed is at a point
least prejudicial to the servient estate,
and insofar as consistent with this rule,
where the distance from the dominant
estate to the public highway maybe the
shortest (Art 650, civil Code).
112331, May 29, 1996).
(Note: It is not clear from the problem if there
exists an easement in favor of the lot
belonging to Andres and if Brandos lot is
burdened as a servient estate by a right of
way as a servient estate. If there is such an
has
easement burdening Brandos lot, was it
consistently ruled that in case both
created as legal easement or as a voluntary
criteria cannot be complied with, the
easement. If the used pathway was only a
right of way shall be established at the
tolerance, then Brando may close it. Andres
point least prejudicial to the servient
must ask for the constitution of a legal
estate.
easement through Brandos lot by proving
However,
the
Supreme
Court
the four requisites required by Art 649 and
The first and fourth requisites are not
65, Civil Code).
complied with. First, there is another
available outlet to the national highway
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 71 of 180
right
of
way
is
a
because Franz had in the meantime sold
discontinuous easement, the period of
Lot C to Julia who had it fenced.
ten years of non-user, shall be computed
from the day it ceased to be used under
(A). Does Ava have a right to demand from
Julia the activation of her right of way?
Explain. (2.5%)
SUGGESTED ANSWER:
Act 6341 (2) CC.
(5)
Renunciation
easement
must
or
be
waiver
specific,
of
an
clear,
express and made in a public instrument
in accordance of Art 1358 of the New
Yes. Ava has the right to demand from
Civil Code.
Julia the activation of the right of way,
ALTERNATIVE ANSWER:
for the following reasons:
Yes. Ava has the right to demand from
(1) The easement of the right of way is a
estates
of
without indemnity (Art 652, NCC).
(i). Adam, as finder;
ALTERNATIVE ANSWER:
(ii). Blas, as owner of the property where
No. There was merely a promise to Ava
they were found;
that a right of way shall be granted to
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 73 of 180
a loan of P1,000,000
within one year. To
executed a chattel
Avanza and a real
200-square meter
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 74 of 180
there
there
is
no
would
legal
be
A contract of loan is a real contract and
is perfected upon delivery of the object
of the obligation (Art 1934, Civil Code).
Thus, a contract of loan is valid and
enforceable even if it is neither in a
private nor in a public document.
As a rule, contracts shall be obligatory in
whatever form they
may
have been
entered into provided all the essential
requisites for their validity are present.
With regards to its enforceability, a
contact of loan is not among those
enumerated under Art. 1403 (2) of the
Civil Code, which are covered by the
Statute of Frauds.
It is important to note that under Art.
1358 of the Civil Code, all the other
contracts where the amount involved
the
Chattel
in
the
Mortgage
Chattel
Law,
Mortgage
estate mortgage, under the provisions of
Art. 2125 of the Civil Code, requires that
in order that a mortgage may be validly
constituted the document in which it
appears be recorded. If the instrument is
not
recorded,
the
mortgage
is
nevertheless valid and binding between
the parties. Hence, for validity of both
chattel and real estate mortgages, they
must appear in a public instrument. But
the
purpose
of
enforceability,
it
is
submitted that the form of the contract,
whether in a public or private document,
would
be
immaterial
(Mobil
Oil
v.
Diocaresa, 29 SCRA 656, 1969).
Also, under Art 1358, acts and contracts
which have for their object the creation
or
transmission
of
real
rights
over
immovable property must be in a public
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 75 of 180
Occupation
is
an
original
mode
of
immovable.
acquiring ownership (Art. 712, NCC).
Things appropriable by nature which are
without an owner, such as animals that
Ownership; Co-Ownership (2009)
are the object of hunting and fishing,
hidden
treasure
and
abandoned
No. XI. TRUE or FALSE. Answer TRUE if
movables, are acquired by occupation
the statement is true, or FALSE if the
(Art. 713, NCC). However, ownership of a
statement is false. Explain your answer in
piece of land cannot be acquired by
not more than two (2) sentences.
occupation (Art. 714, NCC).
(D). The renunciation by a co-owner of his
ALTERNATIVE ANSWER:
undivided share in the co-owned property
in lieu of the performance of his obligation
Occupation
is
a
mode
of
acquiring
to contribute to taxes and expenses for the
dominion by the seizure of corporeal
preservation
things which have no owner, with the
constitutes dacion en pago. (1%)
of
the
property
intention of acquiring the ownership
thereof.
It
is
an
original
mode
of
SUGGESTED ANSWER:
acquiring ownership upon seizure of a
True, Under the Civil Code, a co-owner
res nullius by the occupant who has the
may renounce his share in the co-owned
intention to become the owner thereof.
property in lieu of paying for his share in
Possession, on the other hand, is the
the
holding of the thing or an enjoyment of a
preservation of the co-owned property.
taxes
and
expenses
for
the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 76 of 180
decedent,
is,
Where
before
Under the rules on co-ownership, "none
of
Ownership; Co-Ownership (2008)
the
co-owners
shall,
without
the
consent of the others make alterations
in the thing owned in common, even
No. VI. Alex died without a will, leaving only
though benefits for all would results
an undeveloped and untitled lot in Tagiug
therefrom." In Cruz v. Catapang, G.R. No.
City. He is survived by his wife and 4
164110, 12 Feb., 2008, the Court held
children. His wife told the children that she
that "alterations include any act of strict
is waiving her share in the property, and
dominion
allowed Bobby, the eldest son who was
construction of a house." In the present
about to get married, to construct his
case, of Alex is the real owner of the
house on 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
structure
such
demolish
at
his
as
or
own
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 77 of 180
(3)
NCC, classifies as an immovable
"everything attached to an immovable in
a fixed manner, in such a way that it
cannot be separated therefrom without
breaking the material or deterioration of
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 78 of 180
an
integral
The
part
of
an
is
not
an
platform
immovable property for the same reason
ALTERNATIVE ANSWER:
already given in the Alternative Answer
The equipment and living quarters of the
to Item (a) above.
crew are movable properties since they
are attached to a platform which is also
Land Titles and Deeds
a movable property, because it is simply
attached to a
vessel is likewise a
movable property since it was merely
Acquisition
of
Lands;
Sale
of
Real
Property to an Alien (2009)
anchored on the seabed only shows that
it is not intended to remain at a fixed
No.XIX. In 1972, Luciano de la Cruz sold to
place;
Chua Chung Chun, a Chinese citizen, a
hence,
it
remains
a
movable
property.
parcel of land in Binondo. Chua died in
1990, leaving behind his wife and three
(C). Are the trees, plants and flowers
children,
immovable or movable property?
naturalized Filipino citizen. Six years after
Chuas
SUGGESTED ANSWER:
one
death,
of
whom,
the
heirs
Julian,
is
executed
a
an
extrajudicial settlement of estate, and the
parcel of land was allocated to Julian. In
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 79 of 180
are
not
registrable:
The case must be dismissed. Julian, who
is a naturialized Filipino citizen and to
(1.) Properties of the Public dominion;
whom the property was allocated in a n
(2.) Properties for public use or public
extra-judicial partition of the estate, is
service;
now the owner of the property. The
defect in ownership of the property of
(3.)
Inalienable
Julians alien father has already been
domain;
lands
of
the
public
cured by its transfer to Julian. It has
been validated by the transfer of the
(4.) Military installations, civil and quasiproperty to a Filipino citizen. Hence,
public lands; and
there
is
no
more
violation
of
the
Constitution because the subject real
property is now owned by a Filipino
citizen (Halili v. CA, 287 SCRA 465,
[1998]). Further, after the lapse of 35
(5.) All lands not classified as alienable
and disposable.
ALTERNATIVE ANSWER:
year, laches has set in and the motion to
(1).
dismiss may be granted, for the failure of
intended
Luciano to question the ownership of
canals, rivers, torrents, ports and bridges
Chua before its transfer of ownership to
constructed by the State, banks, shores,
Julian.
roadsteads, and the like, are incapable of
Properties
private
for
of
public
public
use,
appropriation,
dominium
like
much
roads,
less
registration (Art. 420 NCC). This includes
public markets, public plazas, municipal
streets
and
public
buildings
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 80 of 180
as
Registration
Decree, it property, Dehlma told Juliet to
redeem the property from Elaine, and gave
her an advance payment to be used for
purposes of realesing the mortgage on the
property. When the mortgage was released,
Juliet executed a Deed of Absolute Sale
over the property which was duly registered
with the Registry of Deeds, and a new TCT
was issued in Dehlma s name. Dehlma
immediately took possession over the house
and
lot
and
the
movables
therein.
Thereafter, Dehlma went to theAssessor s
Office to get a new tax declaration under
SUGGESTED ANSWER:
Yes, Dehlma is a purchaser in good faith.
In
the
present
case,
before
Dehlma
bought the property, she went to the
Register of Deeds to verify Juliet s title.
When she discovered that the property
was mortgaged to Elaine, she gave an
advance payment so that Juliet could
release the mortgage. It was only after
the mortgage was released and free from
the claims of other persons that Dehlma
bought the property. Thus, Dehlma is a
purchaser in good faith (Mathay v. CA,
G.R. No. 115788, 17 Sept, 1998).
(B). Who as between Dehlma and XYZ Bank
has a better right to the house and lot? (2%)
SUGGESTED ANSWER:
her name. She was surprised to find out
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 83 of 180
law
because
Juliet,
the
governing
the
furniture
and
appliances therein were included in the
sale. As owner of the real property,
[Note: It is respectfully recommended
Dehlma also owns the movables found
that full credit be given to examinees
therein (Art. 542, Civil Code).
who did not give the exact title or
number of the law but merely stated a
description of the law.]
Registration; Governing Law (2007)
ALTERNATIVE ANSWER:
No.IV.
Property
In general, the governing law relating to
development
registration and acquisition of title to
company engaged in developing and selling
land is Act 496 of 1902 as amended by
subdivisions,
PD 1529, otherwise known as Property
Bedrock
Development
Land
Corp.
is
&
a
condominium
units
and
industrial estates. In order to replenish its
Registration Decree of June 11, 1978.
inventories, it embarked on an aggressive
land banking program. It employed "scouts"
(1.)
who roam all over the Philippines to look for
registration
and conduct investigations on prospective
Torrens System by voluntary ordinary
sites
judicial proceedings.
for
acquisition
and
development,
whether developed, semi-developed or raw
land. The management of Bedrock asks you
as the company counsel to prepare a
manual
containing
a
summary
of
the
Chapter
of
III-I
land
governs
title
original
under
the
(2.) Chapter II-II governs compulsory
registration of lands through cadastral
proceedings.
pertinent laws and regulations relating to
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 84 of 180
(11.)
land dealings on registered land like
registration
conveyances,
unregistered private lands.
transfers,
mortgages,
leases, powers of attorney, trusts and
similar contracts inter vivos.
R.A.
No.
Section
of
6732
113
governs
governs
instruments
the
affecting
(12.) Section 117 governs "consultas,"
where the Register of Deeds refuses to
(6.) Chapter V-II governs the registration
register a deed or when he is in doubt as
of involuntary dealings on registered
to what action to take on an instrument
land like attachments, adverse claims,
presented for registration.
enforcement of liens on registered land,
notices of lis pendens. (7.) Chapter VI
governs the registration of judgments,
orders and partitions, condemnation in
eminent domain proceedings, judicial
and extra-judicial settlement of estates.
(8.) Sections 107, 108 and 109 govern
petitions
and
registration
actions
after
original
like:
(a).Compulsory
surrender of withheld owner s duplicate
certificate of title;
(b)
Amendment
certificate of title;
Registration;
Party
Who
First
took
Possession (2013)
No.IX.Rica petitioned for the annulment of
her
ten-year
old
marriage
to
Richard.
Richard hired Atty. Cruz to represent him
in the proceedings. In payment for Atty.
Cruz s acceptance and legal fees, Richard
conveyed to Atty. Cruz a parcel of land in
Taguig that he recently purchased with his
and
alteration
of
commenced
the
that
the
parties
the regime
or
conjugal
of
are
absolute
partnership,
construction of a three-story building over
part
the land, but they were prevented from
conjugal
doing this by Atty. Cruz who claimed he
Rica, it may not be sold or alienated
has a better right in light of the prior
without the consent of the latter and
conveyance in his favor.
any disposition or encumbrance of the
of
property
Is Atty. Cruz s claim correct? (8%)
the
absolute
partnership
of
the
community
of
Richard
community
or
or
and
the
conjugal property without the consent of
the other spouse is void (Art 96 and Art
SUGGESTED ANSWER:
124, Family Code).
No. Atty. Cruz is not correct. At first
glance, it may appear that Atty. Cruz is
the one who has the better right because
he first took possession of the property.
Registration; Requisites; Proof (2013)
However, a lawyer is prohibited under
No.X. Manuel was born on 12 March 1940
Art
in a 1 000-square meter property where he
1491
of
the
Civil
Code
from
acquiring the property and rights which
grew
may be the object of any litigation in
cultivate the land. Michael has lived on the
which they may take part by virtue of
property since the land was opened for
to
file
an
of Pres. Decree No. 1529, or the Property
Registration Decree (PRD), specifically
Sec14 (1) which requires (a) that the land
applied for forms part of the alienable
and disposable (A & D) portion of the
public domain, and (b) that the applicant
been
notorious
thereof
in
open,
possession
under
bona
continuous
and
fide
incomplete
and
occupation
claim
of
of
title
imperfect
through
or
judicial
legalization under Sec. 48 (b) of CA no.
141, or the Public Land Act (PLA). But,
as
application for registration under Sec 14
has
confirmation
held
in
substantial
Malabanan,
difference
there
between
is
no
this
provision and Sec 14 (1) of the PRD.
Both refer to agricultural lands already
classified as alienable and disposable at
the time the application is filed, and
require possession and occupation since
June 12, 1945. The only difference is
that under the PRD, there already exists
a title which is to be confirmed, whereas
under the PLA, the presumption is that
land is still public land (Republic v.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 87 of 180
been
only be demonstrated that possession
thereof in the manner required by law
and occupation commenced on January
since June 12, 1945, or earlier.
in
possession
and
occupation
24, 1947 and the 30-year period was
completed prior to the effectivity of PD
Manuel may tack his possession to that
No. 1073 on January 25, 1977. PD No.
of his predecessor-in-interest (Michael)
1073
and
by the testimony of disinterested and
1945
knowledgeable eyewitnesses. Overt acts
(Republic v. Espinosa, G.R. No. 171514,
of possession may consist in introducing
July 18, 2012).
valuable improvements like fencing the
now
occupation
requires
since
possession
June
12,
land, constructing a residential house
Another alternative is for Manuel to
thereon,
secure
planting fruit bearing trees, declaring
title
through
administrative
cultivating
the
land
and
proceedings under the homestead or free
the
patent provisions of the PLA. The title
paying realty taxes, all of which are
issued has the same efficacy and validity
corroborative proof of possession.
as
a
title
issued
through
land
for
taxation
purposes
and
judicial
proceedings, but with the limitations
To identify the land, he must submit the
that the land cannot be sold or disposed
must
be
accompanied by (1) a CENRO or PENRO
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 88 of 180
however,
the
compliance with the condition does not
automatically sell the property to the
vendee. It merely gives the vendee the
50% of the total contract price, the balance
to be paid upon completion of the work. The
work stated immediately, but AB Corp. later
experienced work slippage because of labor
unrest
in
his
company.
AB
Corp. s
employees claimed that they are not being
paid on time; hence, the work slowdown. As
of the 17th month, work was only 45%
completed. AB Corp. asked for extension of
time, claiming that its labor problems is a
case of fortuitous event, but this was
denied by XY Corp. When it became certain
that the contruction could not be finished
on time, XY Corp. sent written notice
cancelling the contract, and requiring AB
Corp. to immediately vacate the premises.
right to compel the vendor to execute
(A). Can the labor unrest be considered a
the deed of absolute sale.
fortuitous event? (1%)
SUGGESTED ANSWER:
No.
The
labor
unrest
cannot
be
considered a fortuitous event under Art.
1174 of the Civil Code. A fortuitous
event should occur independent of the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
SUGGESTED ANSWER:
choose more arbitrators than the other
is void and of no effect (Art 2045, NCC).
No, XY Corp. cannot unilaterally and
Obligations
immediately cancel the contract. In the
absence of any stipulation for automatic
rescission, rescission must be judicial
(Art. 1191, Civil Code).
(C).
Must
AB
Corp.
Extinguishment; Compensation (2009)
No.XV. Sarah had a deposit in a savings
return
the
50%
downpayment? (2%)
SUGGESTED ANSWER:
account with Filipino Universal Bank in the
amount
of
five
million
pesos
(P5,000,000.00). To buy a new car, she
obtained a loan from the same bank in the
amount of P1,200,000.00, payable in twelve
AB Corp. need not return the 50% down
monthly installments. Sarah issued in favor
payment because 45% of the work was
of the bank post-dated checks, each in the
already completed, otherwise, XY Corp.
amount of P100,000.00, to cover the twelve
the
rentals,
XYZ
the
half the balance of the loan. Further,
debtor, then all the requisites of legal
Recardo said that when the bank invoked
compensation are present but only up to
compensation between the reantals and the
the amount of P300,000.00. The bank,
amount of the loan, it amounted to a new
therefore, may deduct P300,000.00 from
contract or novation, and had the effect of
Sarahs
extinguishing the security since he did not
compensation.
in
due
deposit
person
applying
liable, his liability should not go beyond
bank
third
controversy
after
and
communicated
by
demandable
time
by
to
way
of
give his consent (as owner of the property
under the real estate mortgage) thereto.
(A). Can XYZ Bank validly assert legal
compensation? (2%)
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 92 of 180
under
a
judgment. A check shall produce the
effect of payment only when they have
been cashed or where through the fault
Extinguishment;
Payment
of
Check
(2013)
No.VI. Lito obtained a loan of P1,000,000
from Ferdie, payable within one year. To
secure payment, Lito executed a chattel
mortgage on a Toyota Avanza and a real
estate mortgage on a 200-square meter
piece of property.
(B) Lito s failure to pay led to the extrajudicial foreclosure of the mortgaged
real
property. Within a year from foreclosure,
Lito tendered a manager s check to Ferdie
to redeem the property. Ferdie refused to
accept payment on the ground that he
wanted payment in cash: the check does
not qualify as legal tender and does not
include the interest payment. Is Ferdie s
refusal justified? (4%)
SUGGESTED ANSWER:
of the creditor they have been impaired
(Art 1249, Civil Code).
However, it is not necessary that the
right of redemption be exercised by
delivery of legal tender. A check may be
used
for
the
exercise
of
right
of
redemption, the same being a right and
not an obligation. The tender of a check
is sufficient to compel redemption but is
not in itself a payment that relieves the
redemptioner from his liability to pay
the redemption price (Biana v. Gimenez,
refuse
to
pay
Gustavo again? (2%)
SUGGESTED ANSWER:
Yes, Felipe can refuse to pay Gustavo,
who allowed the check to become stale.
Although a check is not legal tender
(Belisario v. Natividad. 60 Phil 156),
there
are
instances
when
a
check
produces
example:
estoppel
he would
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 95 of 180
can
be
foreclosed to pay the full balance of the
loan because when he signed as cosignatory in the promissory note, he
acknowledged he is solidarily liable with
Eduardo.
In
solidary
obligations,
a
creditor has the right to demand full
payment of the obligation from any of
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 96 of 180
(1/2)
or
more
of
the
untenantable,
and
condominium
owners
(b)
units
therein
that
holding
the
an
aggregate of more than thirty percent
(30%) interests of the common areas are
opposed
to
the
and
to
execute
the
Domeng Bandong was not required to post
any security but when Eulalia discovered
that
he
incurred
shortage
in
cattle
the
amount of P 70, 000.00 while employed as
"biyahero" by Eulalia. Was the Deed of Sale
between Domeng and Eulalia a contract of
sale or an equitable mortgage? Explain.
(5%)
SUGGESTED ANSWER:
condominium project (Sec 8 [b], Republic
Act No. 472 Condominium Act).
The contract between Domeng Bandong
and Eulalia was an equitable mortgage
rather than a contract of sale. The
Mortgage; Equitable Mortgage (2012)
purported deed of sale was actually
intended to merely secure the payment
No.VI. (b) Eulalia was engaged in the
of the shortage incurred by Domeng in
business of buying and selling large cattle.
the
In order to secure the financial capital, she
operations. Under Art 1602, Civil Code,
conduct
of
the
cattle-buying
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 99 of 180
Sergio
when
the
option to buy that is duly supported by a
duly accepted valuable consideration.
Option Contract; Liquor & Pulutan as
Consideration (2013)
against Sergio? (5%)
No.III.Sergio is the registered owner of a
500-square meter land. His friend, Marcelo,
who
has
long
been
(A) Does Marcelo have a cause of action
interested
in
the
property, succeeded in persuading Sergio to
SUGGESTED ANSWER:
Yes. Marcelo has a cause of action
against Sergio.
sell it to him. On June 2, 2012, they agreed
on the purchase price of P600,000 and that
Under Art. 1324, when the offerer has
Sergio would give Marcelo up to June30,
allowed the offeree a certain period to
2012 within which to raise the amount.
accept, the offer may be withdrawn at
Marcelo, in a light tone usual between
any
them, said that they should seal their
communicating such withdrawal, except
agreement through a case of Jack Daniels
when
Black and P5,000 "pulutan" money which
consideration,
he immediately handed to Sergio and which
promised.
time
the
before
option
as
acceptance
is
founded
something
by
upon
paid
or
the latter accepted. The friends then sat
down and drank the first bottle from the
An accepted unilateral promise to buy or
case of bourbon.
sell a determinate thing for a
certain
is
binding
upon
him
price
if
the
On June 15, 2013, Sergio learned of
promise is supported by a consideration
another
distinct
buyer,
Roberto,
who
was
from
the
price
(Art.
1479).
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 100 of 180
which
Cua
into
refers
Hian
an
to
Tek
a
and
Atlantic Gulf & Pacific Co.).
violated the Option Contract between
him and Marcelo.
ALTERNATIVE ANSWER:
(B) Can Sergio claim that whatever they
No. Sergios claim has no legal basis.
might have agreed upon cannot be enforced
because any agreement relating to the sale
The contract of sale has already been
of real property must be supported by
partially executed which takes it outside
evidence in writing and they never reduced
the ambit of the Statute of Frauds is
their agreement to writing? (3%)
applicable only to executory contracts,
not to contracts that are totally or
SUGGESTED ANSWER:
partially performed (Carbonnel v. Poncio,
G.R. No. L-11231, May 12, 1958).
No. Sergios claim has no legal basis.
The contract at issue in the present case
is the option contract, not the contract
Right of First Refusal; Lessee; Effect
conditions
of sale; (b) Dux s mother is aware of the
previously offered to the lessee. Granting
existing contract of lease; or (c) the lease
that the mother is not a third party, this
is recorded in the Registry of Property
would make her privy to the agreement
(Art. 1676, Civil Code).
lessor
same
lawfully
terms
sell
and
the
of Dux and Iris, aware of the right of first
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 102 of 180
on
the
property as he is a builder in good faith.
lessee
Anselmo
Boboy
improvements at that time. Should the
cannot ask for reimbursement as he is a
lessor refuse to reimburse said amount,
mere lessee. Boboy responded by removing
the
the improvements and leaving the building
improvements,
even
in its original state.
principal
may
refused,
insisting
that
one-half
lessee
thing
of
may
the
value
of
remove
the
though
the
suffer
damage
thereby.
(IVa) Resolve Boboy s claim that as a
builder
in
good
faith,
he
should
be
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 103 of 180
in
improvements
even
may
suffer
removing
Boboy
though
the
damage
the
useful
caused
more
impairment in the property leased than
is necessary he will be liable for damages
(Art. 1678, Civil Code).
were
not
registered
and
annotated on the title to the property,
Ildefonso
is
still
not
an
innocent
purchaser for value. He ought to know
the existence of the lease because the
building was already occupied by the
tenants
at
the
time
he
bought
it.
Applying the principle of caveat emptor,
he should have checked and known the
status of the occupants of their right to
occupy the building before buying it.
Agency
Lease; Caveat Emptor (2009)
Agency; Sale of a Real Property through
No.VIII. Jude owned a building which he
had leased to several tenants. Without
informing
his
tenants,
Jude
sold
the
building to Ildefonso. Thereafter, the latter
notified all the tenants that he is the new
owner of the building. Ildefonso ordered the
tenants to vacate the premises within thirty
an Agent (2010)
No.XVI. X was the owner of an unregistered
parcel of land in Cabanatuan City. As she
was abroad, she advised her sister Y via
overseas call to sell the land and sign a
contract of sale on her behalf.
(30) days from notice because he had other
Y thus sold the land to B1 on March 31,
plans for the building. The tenants refused
2001 and executed a deed of absolute sale
to vacate, insisting that they will only do so
on behalf of X. B1 fully paid the purchase
when the term of their lease shall have
price.
document
to
of
the
sale
is
the land therefore pertains to the first
Who between B1 and B2 has a better right
buyer. It may also be mentioned that
over the land? Explain. (5%)
under Art 3344 no instruments or deed
establishing,
SUGGESTED ANSWER:
B-2 has a better title. This is not a case
of double sale. Since the first sale was
void. The law provides that when a sale
of a piece of land or any interest therein
is through an agent, the authority of the
acknowledging,
Hence, the sale to B1 was void.
ALTERNATIVE ANSWER:
or
registered under Act 496 shall be valid
except as between the parties. Thus, the
Deed of Sale of B-2 has no binding effect
on B-1.
Partnership
sale shall be void (Art 1874, NCC). The
written authority from the owner X.
modifying,
extinguishing right to real property not
latter shall be in writing; otherwise, the
property was sold by Y to B1 wihtout any
transmitting,
Liability; Liability of a Partner (2010)
No.XV.
A,
partnership
B,
and
to
C
operate
entered
a
into
a
restaurant
business. When the restaurant had gone
Under the facts, B-1 has a better right to
past break-even stage and started to garner
the land. Given the fact that the Deed of
considerable profits, C died. A and B
Sale in favor of B-1 and B-2 are not
continued the business without dissolving
inscribed in the Registry of Deeds, the
the partnership. They in fact opened a
case is governed by Art 1544 of the New
branch
Civil Code which provides that in case of
obligations in the process. Creditors started
of
the
restaurant,
incurring
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 105 of 180
if
the
not more than two (2) sentences.
or his estate, the surviving partners are
held liable for continuing the business
(C). An oral partnership is valid. (1%)
despite the death of C (Art 1841, 1785,
SUGGESTED ANSWER:
par 2, and Art 1833 of NCC).
TRUE.
Partnership
is
a
consensual
(B).What are the creditors recourse/s?
contract, hence, it is valid even though
Explain. (3%)
not in writing.
SUGGESTED ANSWER:
ALTERNATIVE ANSWER:
Creditors
actions,
can
for
file
the
instance,
an
appropriate
action
for
collection of sum of money against the
partnership at will and if there are no
sufficient funds, the creditors may go
or real
the
right
required
form
inferred that the said requirement is
prohibitory
NCC),
the
or
mandatory
said
oral
(Article
contract
of
his
contributions
as
Commodatum & Mutuum
(Article 1409 (7 ,NCC ). And there being
nothing in the law from which it can be
return
Mutuum;
Interest;
Solutio
Indebiti
(2012)
5,
of
No.VI.a)
Siga-an
granted
a
loan
to
partnership must also be valid. The
Villanueva in the amount of P 540, 000.00.
interested party may simply require the
Such agreement was not reduced to writing.
contract
public
Siga-an demanded interest which was paid
document in order to comply with the
by Villanueva in cash and checks. The total
required form (Article 1357, NCC). The
amount
purpose of the law in requiring a public
to P 1, 200, 000.00. Upon advice of her
document is simply to notify the public
lawyer, Villanueva demanded for the return
about the contribution.
of the excess amount of P 660, 000.00
to
be
made
into
a
Villanueva
paid
accumulated
which was ignored by Siga-an.
Share; Demand during the Existence of
(1)
Partnership (2012)
Explain. (3%)
No.X.b) A partner cannot demand the
SUGGESTED ANSWER:
Is
the
payment
of
interest
valid?
return of his share (contribution) during the
existence of a partnership. Do you agree?
No, Art. 1956, Civil Code, provides that
Explain your answer. (5%)
no interest shall be due unless it has
been expressly stipulated in writing.
SUGGESTED ANSWER:
(2) Is solution indebiti applicable? Explain.
(2%)
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 107 of 180
Guaranty (2009)
(A).
What
is
the
difference
between
"guaranty" and "suretyship"?
No.I. TRUE or FALSE. Answer TRUE if the
statement
is
true,
or
FALSE
if
the
statement is false. Explain your answer in
not more than two (2) sentences.
SUGGESTED ANSWER:
Guaranty and Suretyship distinguished
(1)The
(D). An oral promise of guaranty is valid
and binding. (1%)
obligation
in
guaranty
is
secondary; whereas, in suretyship, it is
primary.
SUGGESTED ANSWER :
(2) In guranty, the undertaking is to pay
if
the
principal
debtor
cannot
pay;
FALSE. An oral contract of guaranty,
whereas, in suretyship, the undertaking
being a special promise to answer for the
is to pay if the principal debtor does not
debt of
pay .
another,
is
unenforceable
unless
in
(3) In guranty, the guarantor is entitled
writing (Article 1403 [2] b, NCC ).
to the benefit of excussion; whereas, in
suretyship the surety
ALTERNATIVE ANSWER:
is not entitled.
TRUE. An oral promise of guaranty is
(4) Liability in guaranty depends upon
valid and binding. While the contract is
an independent agreement to pay the
valid,
unenforceable
obligations of the principal if he fails to
because it is not writing . Being a special
do so; whereas, in suretyship, the surety
promise
assumes liability as a regular party.
however
answer
,it
for
is
the
debt,
or
miscarriage of another, the Statute of
Frauds requires it to be in writing to be
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 108 of 180
the
loan?
Reasons. (3%)
No, my answer will be different. While
the contract of pledge is valid, the
stipulation authorizing the pledgee to
Pledge; Pactum Commissorium (2009)
Rosario
appropriate the entire proceeds thereof for
SUGGESTED ANSWER:
Pledge
No.XVII.
Jennifer may immediately sell the ring and
obtained
a
loan
immediately sell the thing pledged is
of
P100,000.00 from Jennifer, and pledged
her diamond ring. The contract signed by
the parties stipulated that if Rosario is
unable to redeem the ring on due date, she
will execute a document in favor of Jennifer
providing that the ring shall automatically
void under Art 2088 of the New Civil
Code, which provides that the creditor
cannot appropriate the things given by
way of pledge or mortgage, or dispose of
them xxx. Jennifer cannot immediately
sell by herself the thing pledged. It must
be foreclosed by selling it at a public
auction
be considered full payment of the loan.
in
accordance
with
the
procedure under Art 2112 of the New
Civil Code.
wedding
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 109 of 180
action
will
illicit affair with his secretary, Nanette, a
19-year old girl, and begot a baby girl,
Rona. Nanette sued Rodolfo for damages:
actual, for hospital and other medical
expenses
in
delivering
the
child
by
caesarean section; moral, claiming that
Rodolfo
promised
to
marry
her,
representing that he was single when, in
fact, he was not; and exemplary, to teach a
lesson to like-minded Lotharios.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 110 of 180
convicted
of
reckless imprudence and cannot pay the
Doctrine of Discovered Peril (Last Clear
Chance) (2007)
civil liability, Rommel is subsidiarily
liable for the damage awarded against
No.III. Explain the following concepts and
doctrines and give an example of each:
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 112 of 180
SUGGESTED ANSWER:
No one is liable. The possessor of an
animal or whoever may make use of the
same is responsible for the damage it
may cause, although it may escape or be
lost. This responsibility shall cease only
in case the damage should come from
force majeure or from the fault of the
person who has suffered damage (Art
2183, NCC).
accident and failed to avail himself of
that opportunity. He is liable under the
doctrine of last clear chance (Picart v.
Smith, 37 Phil. 809, 1918).
Liability;
Special
Parental
Authority
(2010)
No.XII. On May 5, 1989, 16-year old
Liability; Owner of a Pet; Fortuitous
Rozanno, who was issued a student permit,
Event (2010)
drove to school a car, a gift from his
parents. On even date, as his class was
No.XIV. Primo owns a pet iguana which he
scheduled to go on a field trip, his teacher
keeps in a man-made pond enclosed by a
requested him to accommodate in his car,
fence situated in his residential lot. A
as he did, four (4) of his classmates
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 113 of 180
the school,
Being of legal age, articles 218, 219, and
entity or institution. The field trip on
221 of the Family Code are no longer
which occasion Rozanno drove the car,
applicable. In such case, only Rozanno
was an authorized activity, and , thus,
will be personally responsible for all the
covered by the provision. Furthermore,
consequences
the parents of Rozanno are subsidiarily
school or his parents were themselves
liable pursuant to Art 219 (FC), and
also
principally liable under Art 221 (FC), if
contributed to the happening of the
they are negligent.
incident. In that event, the school or his
outside the premises
of
negligent
of
his
and
act
such
unless
his
negligence
parents are not liable under Art 218, 218
or 221 of the Family Code, but will be
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
where
side on the concrete side walk. He was
suffered
hospitalized
negligence
and
was
subsequently
operated on, rendering him immobile for 3
Causal
my
connection
client,
injury
of
as
the
the
a
between
bicycle
result
the
rider,
of
the
over-speeding
taxi
driver, without fault on my clients part.
weeks and requiring physical rehabilitation
for another 3 months. In his complaint for
To prove actual damages aside from the
damages, the rider prayed for the award
(documentary
and
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 115 of 180
Those
tortfeasor
Persons
or
vicariously
the
person
liable
under
the closest common law equivalent of the
civil law concept of quasi-delict. This is
because it is argued that the growing
The defenses available include:
recognition of quasi-torts as a source of
(a) That the defendant was not negligent
obligation is hinged on the acceptance at
or that he exercised due diligence (
common law of the civil law principles of
Article 2176 NCC );
quasi-delict.
(b)
SUGGESTED ANSWER:
That
negligent
Quasi -tort is a legal concept upholding
the doctrine that some legal duty exists
although
his
the
defendant
negligence
is
not
is
the
proximate cause of the injury ( Article
2179 NCC );
that cannot be classified strictly as a
(c) That the plaintiff s own negligence
personal duty (thus resulting in a tort),
was the immediate and proximate cause
nor as a contractual duty but rather
of his injury ( Article 2179 NCC );
some other kind of duty recognizable by
the law. Tort or Quasi-tort is an
(d ) That the person vicariously liable
Law
has observed all the diligence of a good
concept, while Delict or Quasi-Delict
father of a family to prevent damage (
is
Article 2180 NCC ); and
Anglo
a
American
Civil
Law
or
Common
concept
(Wikipedia
encyclopedia).
(e)
That
the
cause
of
action
prescribed after the lapse
ALTERNATIVE ANSWER:
has
s (Article
2179 NCC ).
Quasi
-tort
is
considered
as
the
equivalent of quasi-delict. Hence the
The
fact
that
the
plaintiff
had
rules of the latter pertaining to persons
committed contributory negligence is a
partial defense (Art 2179, NCC).
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 117 of 180
Bobby;
There is no showing that Danny is an
2. Cesar, legitimate child of Conrad;
illegitimate
3. Dante, illegitimate child of Danny;
Armand. In the absence of proof to the
4. Ernie, adopted child of Edward; and
contrary, the law presumes that the
5. Felix, grandson of Floro.
The
net
value
of
Armand s
half-blood
brother
of
relationship is legitimate. Thus, Dante,
estate
is
Pl,200,000.
an illegitimate child of Danny, is barred
from inheriting from Armand pursuant
to
the
iron
curtain
rule
which
I. (1) How much do Benny and Bonnie
disqualifies an illegitimate child from
stand to inherit by right of representation?
inheriting
(1%)
legitimate children and relatives of his
(A) P200,000
father or mother, and vice versa (Art
(B) P300,000
992, Civil Code).
ab
intestao
from
the
(C) P400,000
(D) P150,000
I. (3) How much is Ernie s share in the net
(E) None of the above.
estate . (1%)
(A) P 0.
SUGGESTED ANSWER:
(B) P400,000.
(E) None of the above.
(C) P150,000.
If all the brothers/sisters are disqualified
(D) P200,000.
to inherit, the nephews/nieces inherit
(E) None of the above.
SUGGESTED ANSWER:
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 118 of 180
the
debtor
paying
the
predeceased brother.
obligation, such share shall be borne by
(Note: E. None of the above: is another
all his co-debtors, in proportion to the
answer because Felix has no share at
debt of each (Art 1217, Civil Code).
all in the net estate)
Additionally, D was released only from
his share of P10,000.00 not from the
II. A, B, C and D are the solidary debtors of
solidary tie that binds him to A, B and C.
X for P40,000. X released D from the
payment of his share of PI 0,000. When the
III. Amador obtained a loan of P300,000
obligation became due and demandable, C
from Basilio payable on March25, 2012. As
turned out to be insolvent.
security for the payment of his loan,
Amador constituted a mortgage on his
residential house and lot in Basilio s favor.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 119 of 180
instrument.
the available remedies against Amador.
(C) No, Basilio cannot foreclose the real
(C) Yes, Basilio can compel Cacho to pay
estate
because the nature of Cacho s undertaking
ownership on the buyer, Diego, who
indicates
must therefore consent.
that
he
has
bound
himself
mortgage.
The
sale
confers
solidarily with Amador.
(D) No, Basilio cannot foreclose the real
(D) Yes, Basilio can compel Cacho who
estate mortgage. To deprive the new owner
bound himself to unconditionally pay in
of ownership and possession is unjust and
case Amador fails to pay; thus the benefit of
inequitable.
excussion will not apply.
SUGGESTED ANSWER:
SUGGESTED ANSWER:
(B) Yes, Basilio can foreclose the real
(B) No, Basilio cannot compel Cacho to
it
to
Mitsubishi Cubao for maintenance check
expenses.
up and incurred costs of P8,000. Seeing the
In commodatum, the bailee is obliged to
car s peeling and faded paint, Jose also had
pay for the ordinary expenses for the use
the car repainted for P10,000. Answer the
and preservation of the thing loaned (Art
two
1941, Civil Code).
questions
below
based
on
these
common facts.
The
bailee,
Jose,
has
no
right
of
retention on the ground that the bailor
IV. (1) After the bar exams, Cruz asked for
owes him something, even if it may be
the return of his car. Jose said he would
by reason of expenses. He can only
return it as soon as Cruz has reimbursed
P800,000
less
P100,000
is
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 122 of 180
SUGGESTED ANSWER:
creditors. 0 is likewise liable because the
(D) P200,000
partnership was not formed in accordance
A limited partner shall not become liable
with
a s a general partner unless, in addition
partnership.
to the exercise of his rights and powers
(D) No. The Civil Code allows the partners
as a limited partner, he takes part in the
to stipulate that a partner shall not be
control of the business (Art 1948, Civil
liable for losses. The registration of the
Code). In the absence of stipulation as to
Articles of Partnership embodying such
profits and losses, the share of each
stipulations serves as constructive notice to
partner
the partnership creditors.(E) None of the
in
the
losses
shall
be
the
requirements
of
a
limited
a
month,
problems
and
and he could only deliver after 30 days.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 123 of 180
SUGGESTED ANSWER:
payment for the loan before the end of the
(B)
No.
Homer
was
not
justified
in
agreed two-year term.
refusing to accept the tobacco leaves. He
consented to the terms and conditions
VI. (l) Was Homer justified in refusing to
of
accept the tobacco leaves? (1%)
Obligations arising from contract have
(A) Yes. Homer was justified in refusing to
the force of law between the contracting
accept the tobacco leaves. The delivery was
parties.
to be made within a month. Gary s promise
It is clear under the facts that the period
of delivery on a "best effort" basis made the
of delivery of the tobacco leaves was not
delivery uncertain. The term, therefore, was
guaranteed.
ambiguous.
factors which may prevent him from
(B)
No.
abide
anticipated
by
it.
other
True enough, transportation problems
consented to the terms and conditions
and government red
of
slight delay was, thus, excusable.
must
justified
Gary
must
refusing to accept the tobacco leaves. He
and
not
and
making the delivery within a month.
sale
was
sale
in
the
Homer
the
abide
by
it.
tape
did. Such
compel
cannot
Isaac
take-off
from
Agana,
Guam,
still the P 1,000,000 loan. Thus, Isaac can
still make use of the period.
In 2008, Lita met and married Jaime. They
(D)
now have a child of their own.
No,
Gary cannot
compel Isaac to
immediately pay the loan. Equity dictates
While on a tour with her former high school
that Gary should have granted a reasonable
classmates in a remote province of China in
extension of time for Isaac to deliver his
2010, Lita was surprised to see Lito or
Toyota Innova. It would be unfair and
somebody who looked exactly like him, but
burdensome
pay
she was sure it was Lito because of the
the
extreme surprise that registered in his face
for
the P1,000,000
Isaac
simply
to
because
promised security was not delivered.
when he also saw her. Shocked, she
immediately fled to her hotel and post haste
SUGGESTED ANSWER:
(A)
Yes,
Gary
immediately
can
pay
returned to the country the next day. Lita
compel
the
Isaac
loan.
to
Nonnow comes to you for legal advice. She asks
you the following questions:
compliance with the promised guaranty
or
security
renders
the
obligation
immediately demandable. Isaac lost his
VII. (l) If Lito is alive, what is the status of
his marriage to Lita? (1%)
right to make use of the period.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
except
This
for
provision
those
was
of
not
provided in the Family Code for the
repealed by the present Family Code.
declaration of presumptive death of the
Applying this to the problem, (A) may be
absentee, without prejudice to the effect
correct. (B) may also be correct. (C) and
of
(D) may also be correct under Art 41 of
the
reappearance
of
the
absent
spouse.
the Family Code.
VIII.Which
VII. (2) If Lito is alive, what is the status of
of
the
following
actions
or
defenses are meritorious: (1%)
Lita s marriage to Jaime? (1%)
unenforceable
the
hence, it is also covered by the Statute
Statute of Frauds. Since, in the problem,
of Frauds. It must be in writing before it
the vendee paid down payment, it takes
can be enforced in a court action. (Art
it out of the ambit of Statute of Frauds.
1403, Civil Code)
The rescission here must be in the sense
(d)
of resolution of the reciprocal obligation
unliquidated assets does not excuse him
arising from the contract of sale. If
from paying his debt.
rescinded (resolved) by the vendee on
(e) In the technical meaning of rescission
account of the vendors failure to deliver
under Art 1191 of the Civil Code will be
the thing sold, the parties will go back to
adhered to, then there is no absolutely
their status prior to the contract. If the
correct answer. Hence, letter E is also a
vendor
possible answer.
refuses
contract
to
return
under
the
down
The
fact
that
a
debtor
has
payment, then the vendee can file an
action to recover the down payment.
IX. Betty entrusted to her agent, Aida,
If, on the other hand, the vendor and the
several pieces of jewelry to be sold on
vendee mutually agree to rescind i.e.
commission with the express obligation to
cancel the contract, the vendee likewise
turn over to Betty the proceeds of the sale,
can file an action for the recovery of the
or to return the jewelries if not sold in a
down payment on the basis of solution
month s
indebiti.
jewelries,
time.
Instead
of
selling
the
Aida pawned them with the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
rule
Betty.
Tambunting pawnshop is void because
Tambunting s claim of good faith pales into
the pledgor is not the owner (Art 2085
insignificance
unlawful
(2), Civil Code). Tambuntings claim of
deprivation of the jewelries. However, equity
good faith is inconsequential, because,
dictates
be
aside from good faith, Tambunting must
reimbursed for the pawn value of the
prove also that it acquired the jewelries
jewelries.
at a public sale in order to be able to
that
in
in
light
favor
of
the
Tambunting
of
must
retain the jewelries until reimbursed by
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 128 of 180
of
the
forum;
will govern the formalities of the joint will?
b) when the property subject of
a) American law
the case is located outside of the
b) Philippine law
Philippines;
c) Canadian law
c)
when
the
foreign
law
or
d) Japanese law
judgment is penal in nature;
d)
when
the
foreign
law
is
procedural in nature.
11. A French national revokes his will in
Japan where he is domiciled. He then
changed his domicile to the Philippines
8. If a will is executed by a testator who was
where he died. The revocation of his will in
born
became
Japan is valid under Japanese law but
naturalized Japanese citizen at the time of
invalid under Philippine law. The affected
his
heir is a Malaysian national residing in the
a
Filipino
death,
testamentary
what
citizen
law
provisions
but
will
if
govern
the
will
its
is
Philippines. What law will apply?
executed in China and the property being
a) Japanese law
disposed is located in Indonesia?
b) Philippine law
a) Chinese law
c) French law
b) Philippine law
d) Malaysian law
c) Indonesia law
d) Japanese law
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 132 of 180
probated
in
the
Philippines;
b)
may
1992. They had two (2) sons, James and
John (who were both born in 1992). In
the
1993, after failing to hear from Justine,
Philippines provided that properties
Charice married Bugoy (a Filipino), by
in the estate are located in the
whom she had a daughter, Regine. In 2009,
Philippines;
Regine married James (son of Justine with
c) cannot be probated before the
Lea) in California, where such marriage is
death of the testator;
valid.
d)
may
be
be
Philippines
probated
probated
provided
in
in
it
the
was
15. What is the current status of the
executed in accordance with the
marriage of Charice and Justine under
laws of the place where the will
Philippine laws?
was executed.
a) Valid
b) Void
14. Pedro (Filipino and Bill (American)
c) Voidable
entered
d) Dissolved
into
a
contract
in
Australia,
whereby it was agreed that Pedro will build
(Note: While Art 26 of the FC does not
a commercial building for Bill in the
categorically provide that the first marriage
Philippines,
the
is dissolved by the divorce obtained by the
construction, Bill will transfer and convey
foreign spouse abroad, but provides that
his cattle ranch located in Japan in favor of
such divorce merely gives the Filipino spouse
Pedro.
the capacity to contract a second marriage, it
In
and
case
in
payment
Pedro
for
performs
his
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 133 of 180
ownership
of
the
property,
although
b) Void
payable in monthly installments for a
c) Voidable
period of four (4) years. One (1) year after
d) Unenforceable
the execution of the contract, Audrey got
married to Arnel. They executed a marriage
19. Ricky and Princess were sweethearts.
settlement whereby they agreed that their
Princess became pregnant. Knowing that
properties shall be governed by the regime
Ricky is preparing for the examinations,
of conjugal partnership of gains. Thereafter,
Marforth, a lawyer and cousin of Princess,
subsequent installments were paid from the
threatened
conjugal partnership funds. Is the land
Ricky
with
the
filing
of
a
complaint for immorality in the Supreme
conjugal or paraphernal?
Court, thus preventing him from taking
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 134 of 180
official
consular
and
a)
to
a
has
the
is
void
and
Ernesto may get mobile phone
(Note: The issues in the problem is whether
back.
or not the fact that one of the parties to the
b) The donation is void but Ernesto
marriage was an alien constituted absence
cannot get the mobile phone back.
of authority or mere irregularity of authority.
c) The donation is voidable and may
The problem only give the choice, letter (a),
be anulled.
in case it is interpreted as absence of
d) The donation is valid.
authority. The problem does not give a
choice in case it is interpreted as an
22. Agay, a Filipino citizen and Topacio, an
irregularity thereby making all the other
Australian
answers wrong).
consular
Australia.
citizen,
office
got
of
According
married
the
to
in
Philippines
the
laws
the
in
of
Australia, a marriage solemnized by a
23. Separation of property between spouses
consular official is valid, provided that such
during the marriage may take place only:
marriage is celebrated in accordance with
a) by agreement of the spouses.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 135 of 180
A
husband
infidelity.
hidden
treasure
b) the husband had a serious illness
property
that prevented him from engaging in
discovered treasure?
of
his
The
by
chance
on
the
wife.
paraphernal
Who
owns
a)
c) they were living apart.
husband (finder)
d) he is physically incapable of
conjugal partnership.
sexual intercourse.
b) The half pertaining to the wife (as
25. A marriage is void if:
a)
solemnized
pertaining
belongs
to
the
sexual intercourse.
owner)
half
discovered
the
belongs to the
to
the
conjugal
partnership.
marriage
c) One half shall belong to the
license issued without complying
husband as finder and the other
with the required 10-day posting.
half shall belong to the wife as
b) solemnized by a minister whom
owner of the property.
the
d) a and b
parties
with
a
believe to
have the
authority.
c) between parties both 23 years of
28. Which of the following marriages is void
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 137 of 180
most
accurately
possessor in bad faith:
harshness or cruelty.
a) but he may remove the objects
b) Gives the child corrupting orders,
for which such expenses have
counsel or example.
been incurred, provided that the
c) Compels the child to take up a
thing suffers no injury thereby,
course in college against his/her
and that the lawful possessor does
will.
not prefer to retain them.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 138 of 180
a) Will/Succession
d) Quieting of Title
b) Mortgage
c) Pledge
43. The following things are property of
d) Lease
public dominion, except:
a) ports and bridges constructed by
40. A plenary action for the recovery of the
the State.
possession
b) vehicles and weapons of the
of
real
allegation and proof
estate,
upon
mere
of a better right
Armed Forces of the Philippines.
thereto, and without allegation of proof of
c) rivers.
title. This action can only be brought after
d) lands reclaimed by the state from
the expiration of one (1) year. What action
the sea.
is being referred to?
a) Accion publiciana
SUGGESTED ANSWER:
b) Accion reinvindicatoria
This
c) Accion interdictal
a) Juridical/Legal Tie
service, shall become property of
b) Active subject
public dominion.
c) Passive subject
b) all property of the State, which is
d) Consideration
not
of
public
dominion,
is
patrimonial property.
48. It is a conduct that may consist of
c) The property of provinces, cities
giving, doing, or not doing something.
and municipalities is divided into
a) Obligation
property
b) Juridical necessity
for
public
use
and
patrimonial property.
d)
Property
is
c) Prestation
either
of
public
dominion or of private ownership.
d) Contract
49.
It
is
a
juridical
relation
arising
from lawful, voluntary and unilateral acts
45.
The following
cannot
ask for
the
reduction of inofficious donation, except:
a) Creditors of the deceased
based on the principle that no one should
unjustly enrich himself at the expense of
another.
b) Devisees or legatees
a) Quasi-contract
c) Compulsory heirs of the donor
b) Quasi-delict
d)
c) Cotract
The surviving spouse of the
donee.
d) Delict
46. Donation is perfected from the moment
50. The following are the elements of quasi-
--delict, except:
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 140 of 180
solvendi, except:
or damages even if it was caused by a
a) Obligation pertains to the debtor
fortuitous event in any of the following
and
instances, except:
is
determinate,
due,
demandable, and liquidated.
a) The debtor is guilty of dolo, malice
b) Obligation was performed on its
or bad faith, has promised the same
maturity date.
thing to two or more persons who do
c) There is judicial or extrajudicial
not have the same interest.
demand by the creditor.
b) The debtor contributed to the
d) Failure of the debtor to comply
loss.
with such demand.
c) The thing to be delivered is
generic.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 141 of 180
his co-debtors?
Buko paid Ayee and later on asked for
Buko
pay
bound
the
a)
to
Toti
cas
Ayee
ask
for
reimbursement from Fermin and
reimbursement
of
Fermins
and
Totis
shares. Is Buko correct? Why?
Toti.
a) No, because the obligation has
b) Buko can sue Fermin and Toti for
already prescribed.
damages.
b) Yes, because the obligation is
c) Buko can sue for rescission.
solidary.
d) Buko can claim a refund from
c) No, because in solidary obligation
Ayee.
innominate
not
contracts
are
regulated, except:
By
the
to
accept
the
highest/lowest bidder, unless it
a) By the stipulation of the parties.
b)
bound
appears otherwise.
general principles of
quasi-contracts and delicts
71.
c) By the rules governing the most
contracts (Contracts which must appear in
analogous nominate contracts.
writing), except:
d) By the customs of the place.
The
following
a) Donations of real estate or of
69. An offer becomes ineffective on any of
movables
the following grounds, except:
exceeds P 5,000.00.
a)
Death,
civil
interdiction,
are solemn
if
the
value
b) Stipulation to pay interest in
insanity/insolvency of either party
loans.
before acceptance is conveyed.
c) Sale of land through an agent
(authority must be in writing).
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 144 of 180
75.
by more than of value of property.
contracts, except:
c)
Contracts
committed
on
where
fraud
creditor
is
following
are
void
a) Pactum commissorium
(accion
b) Pactum de non alienando
pauliana).
d)
The
c) Pactum leonina
Contracts
entered
into
by
d) Pacto de retro
minors.
76. The borrower in a contract of loan or
73. The following are the requisites before a
mutuum must pay interest to the lender.
contract entered into in fraud of creditors
a) If there is an agreement in
offer
was
orally
accepted.
By
in
he
favor
may
of
a
third
demand
agreement, the land was to be delivered
fulfillment
(through execution of a notarized Deed of
communicated his acceptance to the
Sale) and the price was to be paid exactly
obligor before its revocation.
one-month
d)
from
their
oral
agreement.
Which statement is most accurate?
In
provided
its
contracts
he
creating
real
rights, third persons who come
a) If Aligada refuses to deliver the
into possession of the object of
land on the agreed date despite
the
payment by Balane, the latter may
thereby.
not
successfully
sue
contract
are
not
bound
Aligada
because the contract is oral.
89.
Which
phrase
most
accurately
b) If Aligada refused to deliver the
completes the statement Any third person
land, Balane may successfully sue
who induces another to violate his contract:
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 147 of 180
Existence
and
capacity
of
successor, designated by decedent
94.
The
following
are
the
formalities
or law
required in the execution of holographic
d) Payment of Taxes
will, except:
a) Entirely written;
91. The characteristics of succession are as
b) Dated;
follows, except:
c) Signed by testator himself
a) It is a legal contract.
b)
Only
property,
rights
d) Notarized by a notary public.
and
obligations to the extent of the value
95. The following are the grounds for
of the inheritance are transmitted.
disallowance of wills, except:
c) The transmission takes place only
the
condition that the heir shall make some
100. Which of the following contracts of
sale is void?
provision in his will in favor of the testator
a) Sale of EGMs car by KRP, EGMs
or of any other person shall be void. Here,
agent,
both the condition and the disposition are
reduced into writing.
void. What principle is being referred to?
b) Sale of EGMs piece of land by
whose
authority
EGMs
not
a) reserva troncal
KRP,
b) preterition
authority
c) fideicommissary
writing.
d) disposicion captatoria
c) Sale of EGMs car by KRP, a
is
agent,
is
not
whose
reduced
into
person stranger to EGM, without
98.
Which
phrase
most
accurately
EGMs consent or authority.
completes the statement If at the time the
d) Sale of EGMs piece of land by
contract of sale is perfected, the thing
KRP, a person stranger to EGM,
which is the object of the contract has been
without EGMs consent or authority.
entirely lost:
a) the buyer bears the risk of loss.
b) the contract shall be without
any effect.
2011 Taxation Law Exam
MCQ (November 13, 2011)
c) the seller bears the risk of loss.
d) the buyer may withdraw from the
contract.
(1)When does a declaration of absence of a
missing person take effect?
(A) Immediately from the issuance of
99. A contract granting a privilege to a
person,
for
which
he
has
paid
the declaration of absence.
a
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 149 of 180
this
relieved
him
of
his
perform the obligation with recourse
(A) legal parental authority.
to the new debtor.
(B) substitute parental authority.
(C)
(C) ordinary parental authority.
liable since he gave no consent to
(D) special parental authority.
the substitution.
The
original
debtor
remains
(D) The original debtor shall pay or
(3) Can future inheritance be the subject of
perform 50% of the obligation to
a contract of sale?
avoid unjust enrichment on his
(A)
No,
since
it
will
put
the
part.
paid.
correct?
that,
business
the
discomfort
since
could
class.
her
arise.
Is
and
travel
the
was
airline
(4) Upon the proposal of a third person, a
(A) No, the breach of contract may
new debtor substituted the original debtor
in fact be tortious as when it is
without the latters consent. The creditor
tainted
as
in
this
case
with
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 150 of 180
the property.
nullity of the marriage based on
(D) be the beneficial owner of the
Renes psychological incapacity.
property.
(C) She can go abroad and file for
divorce in a country that can grant
(7) X and Y were to marry in 3 months.
it.
Meantime,
X
(D) She has none since she had the
donated a house and lot to Y, which
opportunity to examine the goods
donation X wrote in a letter to Y. Y wrote
and freely entered into the marriage.
to
express
his
affection,
back, accepting the donation and took
possession of the property. Before the
(9)
Lucio
executed
a
simple
deed
of
wedding, however, Y suddenly died of heart
donation of P50 million on time deposit
evidence.
not
sufficiently
proved
by
(A) Yes, they may be subrogated
(C) Its cause is not authorized by the
to Raffys right by reimbursing to
law.
him
(D) Its cause is not specified.
within
the
required
time
what he paid Raul.
(B) Yes, they may be subrogated to
(13) Manuel came to Manila and married
Raffys right provided they buy him
Marianne. Unknown to Marianne, Manuel
out before he registers the sale.
had been previously convicted in Palawan
(C) No, they can be subrogated to
of theft and served time for it. After
Raffys
Marianne
right
conformity.
only
with
his
learned
of
his
previous
conviction, she stopped living with him.
Can Marianne seek the annulment of the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 152 of 180
institution of marriage.
(B) All persons who are of legal age
(D) No, since Manuel already served
and suffer from no civil interdiction.
the penalty for his crime.
(C) All persons who can make a last
will and testament.
(14) Arthur and Helen, both Filipinos, got
(D) All persons, whether natural or
married and had 2 children. Arthur later
artificial, who own property.
worked in Rome where he acquired Italian
citizenship. He got a divorce from Helen in
(16) The liability of the partners, including
Rome but, on returning to the Philippines,
industrial
he realized his mistake, asked forgiveness
contracts entered into in its name and for
of his wife, and resumed living with her.
its account, when all partnership assets
They had 2 more children. What is the
have been exhausted is
status of their 4 children?
partners
for
partnership
(A) Pro-rata.
(A) The children born before the
(B) Joint.
divorce are legitimate but those
(C) Solidary.
(D) voidable.
qualify as a family home.
(D) Yes, because the A and Bs
(20) An agent, authorized by a special
family actually lives in that house.
power of attorney to sell a land belonging to
the principal succeeded in selling the same
(22) Solomon sold his coconut plantation to
to a buyer according to the instructions
Aragon, Inc. for P100 million, payable in
given the agent. The agent executed the
installments of P10 million per month with
deed of absolute sale on behalf of his
6% interest per annum. Solomon married
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 154 of 180
the
liquidation
of
rule
of
applies
rule
a
since
a
for
coSolomon but the interests to the
ownership
the
conjugal partnership.
annulment brought their property
relation under the chapter on
(23) X and Y, although not suffering from
property
any impediment, cohabited as husband and
marriage.
wife
(D)
without
the
benefit
of
marriage.
Following the birth of their child, the couple
regimes
The
law
on
without
liquidation
of
partnerships applies.
got married. A year after, however, the
(25) X and Y agreed verbally before their
court annulled the marriage and issued a
marriage
decree of annulment. What is the present
illegitimate child of Y and (b) on the
status of the child?
economic regime that will govern X and Ys
(a)
on
the
paternity
of
the
(A) Legitimated.
property relations. Is the verbal agreement
(B) Illegitimate.
valid?
(C) Natural child.
(A) No,
because
a
marriage
(D) Legitimate.
settlement to be valid should be
in writing.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 155 of 180
Fidels.
that Y had an existing prior marriage. X
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 156 of 180
Y
remains valid and binding.
heirs are not bound by the contracts. This
is known as the principle of
(A) Relativity of contracts.
(31) May a spouse freely donate communal
(B) Freedom to stipulate.
or conjugal property without the consent of
(C) Mutuality of contracts.
the other?
(D) Obligatory force of contracts.
(A) Absolutely not, since the spouses
co-own such property.
(34) A buyer ordered 5,000 apples from the
(B) Yes, for properties that the
seller at P20 per apple. The seller delivered
family
6,000 apples. What are the rights and
may
spare,
regardless
of
value.
obligations of the buyer?
(C) Yes, provided the donation is
(A) He can accept all 6,000 apples
moderate
and pay the seller at P20 per
and
intended
for
(D) Void.
by smell, yet she still ate it.
(C) Acme had no transaction with
(36) Knowing that the car had a hidden
Mylene; she bought the "Sards" from
crack in the engine, X sold it to Y without
a store, not directly from Acme.
informing the latter about it. In any event,
(D) Acme enjoys the presumption of
the deed of sale expressly stipulated that X
safeness of its canning procedure
was not liable for hidden defects. Does Y
and Mylene has not overcome such
have the
presumption.
right
to
demand
from X
a
reimbursement of what he spent to repair
the engine plus damages?
(38) Fernando executed a will, prohibiting
(A) Yes. X is liable whether or not he
his wife Marina from remarrying after his
was aware of the hidden defect.
death, at the pain of the legacy of P100
(B) Yes, since the defect was not
Million in her favor becoming a nullity. But
hidden; X knew of it but he acted
a year after Fernandos death, Marina was
both Filipinos.
without the building.
(C) No regime of property relations
(D) Yes, since the destruction of the
will apply to them.
building
(D) Spanish law since they live in
without
the
Xs
fault
terminated the usufruct.
They
may
choose
between
Spain.
(40) In gratitude, the grooms parents made
(42) Birth determines personality. Death
a donation of a property in writing to the
extinguishes it. Under what circumstances
brides
may the personality of a deceased person
parents
shortly
childrens
wedding.
The
accepted.
What
the
donation?
is
before
their
donation
was
nature
of
the
continue to exist?
(A) In case of re-appearance of a
missing person presumed dead.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 159 of 180
it.
injury to his tenants contrary to
(C) No, since the pool was bare
morals, good customs or public
and had no enticing or alluring
policy.
gadgets, floats, or devices in it
Yes,
being
an
attractive
that would attract a 7-year old
(44)
Illegitimate
brothers
and
sisters,
child.
whether of full or half-blood, are bound to
(D) Yes, since Virgilio did not cover
support each other, EXCEPT when
the swimming pool while not in use
(A) the brother or sister who needs
to prevent children from falling into
support lives in another place.
it.
(B) such brothers and sisters are not
recognized by their father.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 160 of 180
conditions as before.
(C) mother.
(C) under the same terms except the
(D)
rent which they or the court must
judicially opposes it.
biological
father
unless
he
fix.
(D) for only a year, with the rent
(49) Asiong borrowed P1 million from a
raised by 10% pursuant to the
bank, secured by a mortgage on his land.
rental control law.
Without his consent, his friend Boyong paid
the whole loan. Since Asiong benefited from
(47)
a
the payment, can Boyong compel the bank
valuable lot to the municipality on the
to subrogate him in its right as mortgagee
condition that it will build a public school
of Asiong s land?
on
Rex,
such
acceptance
a
philanthropist,
lot
within
of
the
donated
2 years from
its
donation.
The
(A) No, but the bank can foreclose
and pay Boyong back.
municipality properly accepted the donation
(B) No,
but did not yet build the public school after
Asiongs
2 years. Can Rex revoke the donation?
approval.
(A) Yes,
since
the
donation
since
Boyong
loan
paid
without
for
his
is
(C) Yes, since a change of creditor
subject to a resolutory condition
all
in Los Angeles is valid.
the
elements
of
a
valid
marriage are present.
(B) Void, because the couple did not
(57) Allan bought Billys property through
get local permit for a beach wedding.
Carlos, an agent empowered with a special
power of attorney (SPA) to sell the same.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 163 of 180
seller
automatic
should
first
(A) No, since consignation without
(59) The wife filed a case of legal separation
tender of payment is allowed in
against her husband on the ground of
the face of the conflicting claims
sexual infidelity
on the plaintiff.
without previously exerting earnest efforts
(B) Yes, as owner of the property
to come to a compromise with him. The
sold, Billy can demand payment
judge dismissed the case for having been
directly to himself.
filed without complying with a condition
(C)
Yes,
since
Allan
made
no
precedent. Is the dismissal proper?
announcement of the tender.
(A) No, efforts at a compromise will
(D) Yes, a tender of payment is
only deepen the wifes anguish.
required for a valid consignation.
since
the
the
a
law
on
governed
by
the
With
Ricardo
no
longer
an
decedents national law.
Cicero will cease to be administrator
(C) Philippine law since the decedent
of his properties.
died in Manila and he executed his
(B) The administration shall be
will according to such law.
given
(D)
Philippine
law
since
by
the
court
over
the
the
jurisdiction
decedents properties are in the
proceedings
to
Philippines.
administrator
whom
having
intestate
a
new
it
will
appoint.
(61) X bought a land from Y, paying him
(C) Cicero automatically becomes
cash. Since they were friends, they did not
administrator
execute any document of sale. After 7 years,
until judicially relieved.
the heirs of X asked Y to execute a deed of
(D) Ciceros alienations of Ricardo s
absolute sale to formalize the verbal sale to
property will be set aside.
of
Ricardos
estate
their father. Unwilling to do so, Xs heirs
filed an action for specific performance
(63) Baldo, a rejected suitor, intimidated
or
joint
upon
the
continues to have an obligation to
discretion of Sam.
support his wife.
(C) Solidary since Roy and Carlos
(C) No, because in
leaving the
failed to perform their obligation to
conjugal home without just cause,
deliver the motor boat.
she forfeits her right to support.
(D) Joint since the conversion of
(D) Yes, since the right to receive
their liability to one of indemnity
support
for damages made it joint.
is
not
subject
to
any
condition.
(67) Joanne married James, a person with
(65) In the order of intestate succession
no known relatives. Through James
hard
When
James
died,
his
estate
alone
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 166 of 180
(B) No,
known as the
prohibits the execution of joint
since
Philippine
law
(A) warranty on quality.
wills and such law is binding on
(B) warranty against hidden defects.
Ric and Josie even abroad.
(C) warranty against eviction.
(C) Yes, since they executed their
(D) warranty in merchantability.
joint will out of mutual love and
care,
values
that
the
generally
(69) The doctrine of stare decisis prescribes
accepted principles of international
adherence
law accepts.
to
precedents
in
order
to
promote the stability of the law. But the
(D) Yes, since it is valid in the
in
a
public
instrument to adopt out the economic
marrying Leonora.
regime of absolute community of property.
(B) Valid, because Joseph s marriage
Arnold
to Jenny is void, he being only 17
acknowledged
instrument
Mary,
is
that
the
Josephines
daughter
Josephine died before the marriage could
Leonora has all the elements of a
take place. Does the marriage settlement
valid marriage.
have any significance?
(D) Void, because Joseph is still
since
the
child.
years of age when he married her.
(C) Valid, because his marriage to
None,
illegitimate
same
But
(A)
his
in
instrument
considered married to Jenny since
containing the marriage settlement
the Philippines does not recognize
is essentially void for containing an
divorce.
unrelated matter.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 168 of 180
since
right
their
of
father
sale
covered
the
made.
repudiated his inheritance.
(B) Void,
since
X
should
have
(B) Each of D and E will get
authorized agent Y in writing to
P2,225,000 because they will inherit
sell the land.
from the estate equally with B and
(C) Valid, since Y was truly his
C.
brother Xs agent and entrusted
(C) D and E will get none because
with the title needed to effect the
of the repudiation; "B" and "C"
sale.
will get As share by right of
(D) Valid, since the buyer could file
accretion.
an action to compel X to execute a
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 169 of 180
Annes
from the court.
extinguished?
obligation
be
considered
(C) The transaction is void and can
(A) Yes, since Bessys refusal of the
neither be ratified by the wife nor
managers
authorized by the court.
presumed funded, amounts to a
(D) It is considered a continuing
satisfaction of the obligation.
offer by the parties, perfected
(B) No, since tender of payment
only upon the wifes acceptance
even in cash, if refused, will not
or the courts authorization.
discharge the obligation without
check,
which
is
proper consignation in court.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 170 of 180
owners
of
the
land
through
acquisitive prescription, having been in
(84) Janice and Jennifer are sisters. Janice
possession of the same in the concept of
sued
owners,
and
business partner for recovery of property
continuously for more than 30 years. Is this
with damages. The complaint did not allege
claim correct?
that Janice exerted earnest efforts to come
publicly,
peacefully,
Jennifer
and
Laura,
Jennifers
(A) No, the residents have not
to a compromise with the defendants and
been in continuous possession of
that
the land since they merely passed
dismissed the complaint outright for failure
through
to comply with a condition precedent. Is the
it
in
going
to
the
highway.
such
efforts
failed.
The
judge
dismissal in order?
(B) No, the owner did not abandon
(A) No, since Laura is a stranger to
his right to the property; he merely
the sisters, Janice has no moral
tolerated his neighbors use of it for
obligation to settle with her.
passage.
(B) Yes, since court should promote
(C) Yes, residents of the subdivision
amicable
have become owners by acquisitive
relatives.
prescription.
(C) Yes, since members of the same
(D) Yes, community ownership by
family, as parties to the suit, are
prescription prevails over private
required to exert earnest efforts to
claims.
settle their disputes before coming
settlement
among
to court.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 171 of 180
the
(A) Dante.
of
the
(B) Her parents.
mortgaged property or confirmation of the
(C) Josie herself.
sale by the court, is known as
(D) The State.
performance
mortgage
of
but
his
default
the
conditions
before
the
sale
in
(A) accion publiciana.
(B) equity of redemption.
(89) X, a married man, cohabited with Y, an
(C) pacto de retro.
unmarried woman. Their relation bore them
(D) right of redemption.
BB, a baby boy. Subsequently, after X
became a widower, he married Y. Was BB
legitimated by that marriage?
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
because
X
had
no
instruction in his will to deliver
(A) No, they are only allowed to
more than the legacy of P1 million to
give moderate gifts to each other
Y.
during family rejoicing.
(B) No, they cannot give anything of
(93) Josie owned a lot worth P5 million
value
prevent
prior to her marriage to Rey. Subsequently,
placing their legitimate relatives at a
their conjugal partnership spent P3 million
disadvantage.
for the construction of a house on the lot.
(C) Yes, unlike the case of legally
The construction resulted in an increase in
married spouses, such donations
the value of the house and lot to P9 million.
are not prohibited.
Who owns the house and the lot?
to
each
other
to
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
to
reimburse
conjugal
partnership expenses.
appear
(C) Josie still owns the lot, it being
married without their parents knowledge
her
the
before an unsuspecting judge. After the
conjugal
couple has been in cohabitation for 6 years,
exclusive
house
property,
belongs
to
the
but
that they were over 25.
They
partnership.
Lindas parents filed an action to annul the
(D) The house and lot shall both
marriage on ground of lack of parental
belong to the conjugal partnership,
consent. Will the case prosper?
with Josie entitled to reimbursement
(A) No, since only the couple can
for the value of the lot.
question
the
validity
of
their
marriage after they became 21 of
(94)
An
action
for
reconveyance
of
a
age;
their
cohabitation
also
registered piece of land may be brought
convalidated the marriage.
against the owner appearing on the title
(B) No, since Lindas parents made
based on a claim that the latter merely
no allegations that earnest efforts
holds such title in trust for the plaintiff.
have been made to come to a
The action prescribes, however, within 10
compromise with Conrad and Linda
years from the registration of the deed or
and which efforts failed.
the date of the issuance of the certificate of
(C)
title of the property as long as the trust had
voidable, the couple being below 21
not been repudiated. What is the exception
years of age when they married.
to this 10-year prescriptive period?
(D) Yes, since Lindas parents never
(A) When the plaintiff had no notice
Yes,
since
the
marriage
is
gave their consent to the marriage.
of the deed or the issuance of the
certificate of title.
(96) Pepito executed a will that he and 3
(B) When the title holder concealed
attesting witnesses signed following the
the matter from the plaintiff.
formalities of law, except that the Notary
Public failed to come. Two days later, the
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 174 of 180
the donation.
(C) Yes, but the defect in the mere
(C) 4 years from the perfection of the
notarization of the will is not fatal to
donation.
its execution.
(D) Such action does not prescribe.
(D) No, since the notary public did
not require the signatories to sign
(99)
Before
Karen
married
Karl,
she
their respective attestations again.
inherited P5 million from her deceased
mother which amount she brought into the
(97) Venecio and Ester lived as common-law
marriage. She later used part of the money
spouses since both have been married to
to buy a new Mercedes Benz in her name,
other persons from whom they had been
which Karen and her husband used as a
separated
family car. Is the car a conjugal or Karens
in
Hardworking
fact
and
for
several
years.
bright,
each
earned
exclusive property?
incomes from their respective professions
(A) It is conjugal property since the
and enterprises. What is the nature of their
spouses use it as a family car.
incomes?
(B) It is Karens exclusive property
(A) Conjugal since they earned the
since it is in her name.
same while living as husband and
(C) It is conjugal property having
wife.
been bought during the marriage.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 175 of 180
determines
personality, the accident did not
result in the death of a person.
(D) Yes, since the mother believed in
her heart that she lost a child.
(3). both A & B
SUGGESTED ANSWER:
3. Both A & B.
The lessee may proceed against A for
breach of contract, and against B for tort
or statutory liability. Under Article 1654
(2) of the New Civil Code, the lessor is
obliged to make all the necessary repairs
in order to keep the leased property
suitable for the use to which it has been
devoted.
Consequently,
under
Article
1659 NCC, the proprietor of a building or
structure is responsible for the damages
resulting
from
its
total
or
partial
collapse, if it is due to lack of necessary
repairs.
Under Article 1723, NCC, the engineer
2010 Civil Law Exam MCQ
or architect who drew up the plans and
(September 12, 2010)
specifications for a building is liable for
No.II. Multiple choice.
damage if 15 years from the completion
of
the
structure
the
same
should
collapse by a reason of a defect by those
(A). A had a 4-storey building which was
plans and specifications, or due to the
constructed by Engineer B. After five years,
defects in the ground. This liability
the
developed cracks and its
maybe enforced against the architect or
stairway eventually gave way and collapsed,
engineer even by a third party who has
resulting to injuries to some lessees. Who
no privity of contract with the architect
building
or engineer under Article 2192, NCC.
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 176 of 180
and Y
Article
&
(1). 100% to O as finder
ANOTHER ALTERNATIVE ANSWER:
Under
X
or
(4). None of the above.
architect who drew up the plans and
specifications for a building is liable for
SUGGESTED ANSWER:
damages if within 15 years from the
completion of the structure, the same
should collapse by reason of a defect in
those plans and specifications, or due to
the defects in the ground. Under Article
2192 (NCC), however, if the damages
should be the result of any of the defects
in the construction mentioned in Art
1723, NCC, the third person suffering
damages may proceed only against the
engineer
or
architect
or
contractor
within the period fixed therein. The
damages suffered by the lessee in the
problem are clearly those resulting from
defects in the construction plans or
specifications.
No. 4. None of the above.
The general rule is that the treasure
shall belong to the spouses X and Y, the
owner of Lot B. Under Article 438 (NCC),
the exception is that when the discovery
of a hidden treasure is made on the
property of another and by chance, onehalf thereof shall belong to the owner of
the
land
and
the
other
one-half
is
allowed to the finder. In the problem,
the finding of the treasure was not by
chance because O knew that the treasure
was in Lot B. While a trespasser is also
not entitled to any share, and there is no
indication in the problem whether or not
O was a trespasser, O is not entitled to a
Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Me
ant To Do.-Leroy Satchel Paige
Page 177 of 180
business
efficiently
full credit for the two items regardless of
(D). collecting and discharging debts owed
their answers.]
to the insolvent debtor.
SUGGESTED ANSWER:
References:
(C). ensuring that a debtor corporation
operate
the
business
efficiently
and
Answers
to
Bar
Examination
effectively while the proceedings are
Questions by the UP LAW COMPLEX
pending;
(2007, 2009, 2010)
(5). In order to obtain approval of the
proposed settlement of the debtor in an
insolvency proceeding.
UP LAW REVIEW
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