Civil Law: Questions and Suggested Answers

Civil Law Q&As (2007-2013) hectorchristopher@yahoo.com dbaratbateladot@gmail.
com
A Compilation of the
Questions and Suggested Answers
In the
PHILIPPINE BAR EXAMINATIONS 2007-2013
In
CIVIL LAW
Compiled and Arranged By:
Baratbate-Ladot, Delight
6DOLVH+HFWRU&KULVWRSKHU-D\-$UK-U0
(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)

E>dK<z&Wtz</z,ztDd-Leroy Satchel Paige
Page 1 of 180

Civil Law Q&As (2007-2013) hectorchristopher@yahoo.com dbaratbateladot@gmail.com
FOREWORD
This work is a compilation of the ANSWERS TO BAR
EXAMINATION QUESTIONS by the UP LAW COMPLEX ,
Philippine Association of Law Schools from 2007-2010 and
ORFDO ODZ VWXGHQWV DQG ODZ\HUV IRUXP VLWHV IURP -2013
and not an original creation or formulation of the author.
The authors were LQVSLUHGE\WKHZRUNRI6LOOLPDQ8QLYHUVLW\V

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

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

solely those of the authors in the given references and do not
necessarily represent those of the authors of this work.
The Authors.

Page 2 of 180

TABLE OF CONTENTS
7LWOHVDUHEDVHGRQ6LOOLPDQV&RPSLODWLRQ>$UUDQJHGE\7RSLF@
Persons
Capacity: Juridical Capacity (2008)...............................................................................12
Capacity; Juridical Capacity of Donee; Requisites for Acceptance (2012).......................12
Capacity: Legal Capacity; Lex Rei Sitae (2007)...............................................................13
Correction of Entries; Clerical Error Act (2008).............................................................14
Nationality Principle (2009)...........................................................................................14
Nationality Principle; Change of Name not Covered (2009).............................................15
Conflict of Laws
Processual Presumption (2009)......................................................................................16
Jurisdiction; Courts may Assume Jurisdiction over Conflict of Laws Cases (2010).........17
Adoption
Adoption; Termination; Death of Adopter (2009)............................................................17
Adoption; Illegitimate Child (2010)................................................................................18
$GRSWLRQ,OOHJLWLPDWH&KLOG8VHRI0RWKHUV6XUQDPHDV0LGGOH1DPH..............19
&RQVHQW&RQVHQWRIWKH$GRSWHUV+HLUV.............................................................19
Qualifications of Adopter (2010)....................................................................................20

Page 3 of 180

Family Code
Marriage; Annulment; Grounds (2009)...........................................................................20
Marriage; Annulment; Grounds (2007)...........................................................................21
Marriage; Annulment; Parties (2012)..............................................................................22
Marriage; Annulment; Support Pendente Lite (2010)......................................................22
Marriage; Divorce Decrees; Filipino Spouse Becoming Alien (2009)................................23
Marriage; Divorce Decrees; Foreign Spouse Divorces Filipino Spouse (2012)..................24
Marriage; Divorce Decrees; Foreign Spouse Divorces Filipino Spouse (2010)..................25
Marriage; Legal Separation; Prescription (2012).............................................................25
Marriage; Legal Separation; Prescription (2007).............................................................26
Marriage; Psychological Incapacity (2013).....................................................................26
Marriage; Psychological Incapacity (2012).....................................................................28
Marriage; Requisites (2008)...........................................................................................28
Marriage; Subsequent Marriage (2008)...........................................................................29
Marriage; Void Marriages; By Reason of Public Policy (2008)..........................................30
Marriage; Void Marriages; By Reason of Public Policy (2007)..........................................30
Marriage; Void Marriages; Property Relations (2009)......................................................30
Marriage; Void Marriages; Status of Children (2009).......................................................31
Parental Authority; Illegitimate Minor Child (2009).......................................................32
Parental Authority; In Vitro Fertilization (2010)............................................................32

Page 4 of 180

Paternity & Filiation; Child Born Under a Void Marriage (2010)....................................33
Paternity & Filiation; Impugning Legitimacy (2010).......................................................34
Paternity & Filiation; In Vitro Fertilization;
6XUURJDWH0RWKHUV5HPHG\WR5HJDLQ&XVWRG\...................34
Paternity & Filiation; Legitimacy; Presumption (2008)..................................................35
Paternity & Filiation; Legitimation of a Child from a Previous Valid Marriage (2008).....36
Paternity & Filiation; Legitimation of a Dead Child (2009).............................................37
Paternity & Filiation; Support: Ascendants & Descendants;
Collateral Blood Relatives (2008)...................................................37
Paternity & Filiation; Use of Surname; Illegitimate Child (2009)....................................38
Paternity & Filiation; Who May Impugn Legitimacy (2009)............................................39
Property Relations; Adulterous Relationship (2009).......................................................39
Property Relations; Accession (2012).............................................................................40
Property Relations; Ante-Nuptial Debt (2007)................................................................40
Property Relations; Unions Without Marriage (2012)......................................................41
Property Relations; Unions Without Marriage (2012)......................................................42
Property Relations; Void Marriages (2010).....................................................................43
Property Relations; Void Marriages (2010).....................................................................45

Page 5 of 180

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

Page 6 of 180

Wills; Prohibition to Partition of a Co-Owned Property (2010)........................................60
Wills; Notarial Wills; Blind Testator; Requisites (2008)...................................................61
Wills; Testamentary Disposition; Period to Prohibit Partition (2008)..............................61
Wills; Witnesses to a Will, Presence required; Thumbmark as Signature (2007)..............62
Donation
Donations; Formalities; In Writing (2007)......................................................................63
Donations; Illegal & Impossible Conditions (2007).........................................................64
Donation; Inter Vivos (2013)..........................................................................................64
Property
Accretion; Alluvium (2008)............................................................................................65
Accretion; Rights of the Riparian Owner (2009).............................................................67
Builder; Good Faith; Requisites (2013)...........................................................................68
Easement; Prescription; Acquisitive Prescription (2009)................................................70
Easement; Right of Way (2013)......................................................................................70
Easement; Right of Way (2010)......................................................................................72
Hidden Treasure (2008).................................................................................................73
Mortgage; Public or Private Instrument (2013)...............................................................74
Occupation vs. Possession (2007)..................................................................................76
Ownership; Co-Ownership (2009)...................................................................................76
Ownership; Co-Ownership (2008)...................................................................................77

Page 7 of 180

Property; Movable or Immovable (2007).........................................................................78
Land Titles and Deeds

Acquisition of Lands; Sale of Real Property to an Alien (2009).......................................79
Non-Registrable Properties (2007)..................................................................................80
Prescription; Acquisitive Prescription (2008).................................................................81
Prescription; Judicially Foreclosed Real Property Mortgage (2012)................................82
Purchaser in Good Faith; Mortgaged Property (2008).....................................................83
Registration; Governing Law (2007)...............................................................................84
Registration; Party Who First took Possession (2013)....................................................85
Registration; Requisites; Proof (2013)............................................................................86
Remedies; Fraud; Rights of Innocent Purchaser (2009)..................................................89
Contracts
Contract to Sell vs. Conditional Contract of Sale (2012)................................................90
Rescission of Contract; Fortuitous Event (2008)............................................................90
Stipulation; Arbitration Clause (2009)............................................................................91
Obligations
Extinguishment; Compensation (2009)..........................................................................91
Extinguishment; Compensation (2008)..........................................................................92
Extinguishment; Novation (2008)..................................................................................93
Extinguishment; Payment of Check (2013)....................................................................94

Page 8 of 180

Extinguishment; Payment of Check; Legal Tender (2008)..............................................95
Liability; Solidary Liability (2008)..................................................................................96
Obligations; Without Agreement (2007).........................................................................97
Trust
Trust De Son Tort (2007)...............................................................................................98
Sales
Condominium Act; Partition of a Condominium (2009)..................................................99
Mortgage; Equitable Mortgage (2012).............................................................................99
2SWLRQ&RQWUDFW/LTXRU 3XOXWDQDV&RQVLGHUDWLRQ......................................100
Right of First Refusal; Lessee; Effect (2008).................................................................101
Lease
Builder; Good Faith; Useful Improvements (2013)........................................................103
Lease; Caveat Emptor (2009).......................................................................................104
Agency
Agency; Sale of a Real Property through an Agent (2010).............................................104
Partnership
Liability; Liability of a Partner (2010)..........................................................................105
Oral Partnership (2009)...............................................................................................106
Share; Demand during the Existence of Partnership (2012)..........................................107

Page 9 of 180

Commodatum & Mutuum

Mutuum; Interest; Solutio Indebiti (2012)....................................................................107
Guaranty
Guaranty (2009)...........................................................................................................108
Surety
Surety (2010)...............................................................................................................108
Pledge
Pledge; Pactum Commissorium (2009).........................................................................109
Torts and Damages

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

Page 10 of 180

MULTIPLE CHOICE QUESTIONS
2013 Civil Law Exam MCQ (OctobeU..........118
2012 Civil Law Exam MCQ (OctobeU.....130
2011 Civil Law Exam MCQ (NovembHU.......149
2010 Civil Law Exam MCQ (SeptembHU......176
2007 Civil Law Exam MCQ (September 09, ......179

Page 11 of 180

Persons mother's womb. However, if the fetus

had an intra-uterine life of less than
Capacity: Juridical Capacity (2008) seven months, it is not deemed born if it

dies within twenty-four (24) hours after
No. II. At age 18, Marian found out that she its complete delivery from the maternal
was pregnant. She insured her own life and womb. The act of naming the unborn
named her unborn child as her sole child as sole beneficiary in the insurance
beneficiary. When she was already due to is favorable to the conceived child and
give birth, she and her boyfriend Pietro, the therefore the fetus acquires presumptive
father of her unboarn child, were or provisional personality. However, said
kidnapped in a resort in Bataan where they presumptive personality only becomes
were vacationing. The military gave chase conclusive if the child is born alive. The
and after one week, they were found in an child need not survive for twenty-four
abandoned hut in Cavite. Marian and Pietro (24) hours as required under Art. 41 of
were hacked with bolos. Marian and the the Code because "Marian was already
baby delivered were both found dead, with due to give birth," indicating that the
the baby's umbilical cord already cut. Pietro child was more than seven months old.
survived.
(A). Can Marian's baby be the beneficiary of

Capacity; Juridical Capacity of Donee;
the insurance taken on the life of the
Requisites for Acceptance (2012)
mother? (2%)
No.I. b) Ricky donated P 1 Million to the

SUGGESTED ANSWER:
unborn child of his pregnant girlfriend,
Yes, the baby can be the beneficiary of which she accepted. After six (6) months of
the life insurance of Marian. Art. 40 NCC pregnancy, the fetus was born and baptized
provides that "birth determines as Angela. However, Angela died 20 hours
personality; but the conceived child after birth. Ricky sought to recover the P 1
shall be considered born for all purposes Million. Is Ricky entitled to recover?
that are favorable to it, provided that it Explain. (5%)
be born later with the conditions

SUGGESTED ANSWER:
specified in Art. 41. Article 41 states
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

Page 12 of 180

fetus a person for purposes favorable to acquire a house in Australia because

it provided it is born later in accordance Australian Laws allow aliens to acquire
with the provision of the NCC. While the property from the age of 16.
donation is favorable to the fetus, the
donation did not take effect because the SUGGESTED ANSWER:
fetus was not born in accordance with

TRUE. Since Australian Law allows alien
the NCC.
to acquire property from the age of 16,
To be considered born, the fetus that Roberta may validly own a house in
had an intrauterine life of less than Australia, following the principle of lex
seven (7) months should live for 24 rei sitae enshrined in Art. 16, NCC,
hours from its complete delivery from which states "Real property as well as
WKHPRWKHUVZRPE6LQFH$QJHODKDGDQ personal property is subject to the law of
intrauterine life of less than seven (7) the country where it is situated."
months but did not live for 24 hours, she Moreover, even assuming that legal
was not considered born and, therefore, capacity of Roberta in entering the
did not become a person. Not being a contract in Australia is governed by
person, she has no juridical capacity to Philippine Law, she will acquire
be a donee, hence, the donation to her ownership over the property bought
did not take effect. The donation not until the contract is annulled.
being effective, the amount donated may

ALTERNATIVE ANSWER:
be recovered. To retain it will be unjust
enrichment.
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

Page 13 of 180

Correction of Entries; Clerical Error Act the Rules of Court because said changes
(2008) are substantive corrections.
No. IV. Gianna was born to Andy and (B). Instead of a judicial action, can
Aimee, who at the time Gianna's birth were administrative proceedings be brought for
not married to each other. While Andy was the purpose of making the above
single at the time, Aimee was still in the corrections? (2%)
process of securing a judicial declaration of
nullity on her marriage to her ex-husband. SUGGESTED ANSWER:
Gianna's birth certificate, which was signed

No. An administrative proceeding cannot
by both Andy and Aimee, registered the
be brought for the purpose of making the
status of Gianna as "legitimate", her
above corrections. R.A. 9048, otherwise
surname carrying that of Andy's and that
known as the Clerical Error Act, which
her parents were married to each other.
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
said Act (Silverio v. Republic, G.R. No.
b). Change her surname from that of Andy's
174689, 22 Oct., 2007).
to Aimee's maiden surname? (1%)
SUGGESTED ANSWER:
Nationality Principle (2009)
Yes, a judicial action for correction of

No.XII. Emmanuel and Margarita, American
entries in Gianna's birth certificate can
citizens and employees of the U.S. State
be successfully maintained to change (a)
Department, got married in the African
her status from "legitimate" to
state of Kenya where sterility is a ground
"illegitimate," and (b) her surname from
for annulment of marriage. Thereafter, the
that of Andy's to Aimee's maiden
spouses were assigned to the U.S. Embassy
surname in accordance with Rule 108 of
LQ 0DQLOD 2Q WKH ILUVW \HDU RI WKH VSRXVHV

Page 14 of 180

tour of duty in the Philippines, Margarita

filed an annulment case against Emmanuel ALTERNATIVE ANSWER:
before a Philippine court on the ground of The forum has jurisdiction over an
KHU KXVEDQGV VWHULOLW\ DW WKH WLPH RI WKH action for the annulment of marriage
celebration of the marriage. solemnized elsewhere but only when the
party bringing the actions is domiciled
(A). Will the suit prosper? Explain your in the forum. In this case, none of the
answer. (3%) parties to the marriage is domiciled in
the Philippines. They are here as
SUGGESTED ANSWER:
officials of the US Embassy whose stay in
No, the suits will not prosper. As applied
the country is merely temporary, lasting
to foreign nationals with the respect to
only during their fixed tour of duty.
family relations and status of persons,
Hence, the Philippine courts have no
the nationality principle set forth in
jurisdiction over the action.
Article 15 of the Civil Code will govern
the relations of Emmanuel and
Margarita. Since they are American
Nationality Principle; Change of Name
citizens, the governing law as to the
not Covered (2009)
ground for annulment is not Kenyan Law
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 Emmanuel and Margarita as of New York, what law shall apply? Explain.
recognized under Philippine Law. Hence, (2%)
the Philippine court will not give due
course to the case based on Kenyan Law. SUGGESTED ANSWER:
The nationality principle as expressed in New York law shall apply. The petition of
the application of national law of foreign change of name file din New York does
nationals by Philippine courts is not concern the legal capacity or status
established by precedents (Pilapil v. of the petitioner. Moreover, it does nto
Ibay-Somera, 174 SCRA 653[1989], affect the registry of any other country
Garcia v. Recio, 366 SCRA 437 [2001], including the country of birth of the
Llorente v. Court of Appeals 345 SCRA petitioner. Whatever judgment is
92 [2000], and Bayot v. Court of Appeals rendered in that petition will have effect
570 SCRA 472 [2008]). only in New York. The New York court

Page 15 of 180

cannot, for instance, order the Civil petitioner and his transactions in the
Registrar in the Philippines to change its Philippines. The Philippine court can
records. The judgment of the New York never acquire jurisdiction over the
court allowing a change in the name of custodian in the US of the records of the
the petitioner will be limited to the petitioner. Moreover, change of name
records of the petitioner in New York has nothing to do with the legal capacity
and the use of her new name in all or status of the alien. Since Philippine
transactions in New York. Since the records and transactions are the only
records and processes in New York are ones affected, the Philippine court may
the only ones affected, the New York effect the change only in accordance
court will apply New YorK law in with the laws governing those records
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 Filipinos even though sojourning of lex patriae or the nationality
abroad. principle, by which his legal status is
ALTENATIVE ANSWER: governed by national law, the matter of
If Ligaya, a Filipino, files a petition for change of name being included in the
change of name with the District Court legal status. The Supreme Court has
of New YoRk, the laws of New York will reiterate in several cases, that the lex
govern since change of name is not one patriae as provided in Article 15 of the
of those covered by the principles of Civil Code is applicable to foreign
nationality. nationals in determining their legal
status (supra).
(B). If Henry, an American citizen residing
in the Philippines, files a petition for change
Conflict of Laws
of name before a Philippine court, what law
shall apply? Explain. (2%)
Processual Presumption (2009)
SUGGESTED ANSWER:
No.I. TRUE or FALSE. Answer TRUE if the
Philippine law will apply. The petition
statement is true, or FALSE if the
for change of name in the Philippines
statement is false. Explain your answer in
will affect only the records of the
not more than two (2) sentences.

Page 16 of 180

(A). The doctrine of "processual (1) Public Order. To maintain peace and
presumption" allows the court of the forum order, disputes that disturb the peace of
to presume that the foreign law applicable the forum should be settled by the court
to the case is the same as the local or of the forum even though the application
domestic law. (1%) of the foreign law is necessary for the
purpose.
SUGGESTED ANSWER:
TRUE. If the foreign law necessary to the (2) Humanitarian Principle. An aggrieved
resolve an issue is not proven as a fact, party should not be left without remedy
the court of the forum may presume that in a forum even though the application
the foreign law is the same as the law of of the foreign law by the courts of the
the forum. forum is unavoidable in order to extend

relief.
Adoption
Jurisdiction; Courts may Assume
Jurisdiction over Conflict of Laws Cases
Adoption; Termination; Death of Adopter
(2010)
(2009)
No.III. Define, Enumerate or Explain. (2%

No.XIII. Rafael, a wealthy bachelor, filed a
each)
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. During the pendency of the
laws case. adoption proceedings, Rafael died of natural

causes. The Office of the Solicitor General
SUGGESTED ANSWER: files a motion to dismiss the petition on the
ground that the case can no longer proceed
(1) Statute theory. There is a domestic
EHFDXVHRIWKHSHWLWLRQHUVGHDWK
law authorizing the local court to
assume jurisdiction. (A). Should the case be dismissed? Explain.
(2%)
(2) Comity theory. The local court
assumes jurisdiction based on the
SUGGESTED ANSWER:
principle of comity or courtesy.
It depends on the stage of the
ALTERNATIVE ANSWER: proceedings when Rafael died. If he died

after all the requirements under the law

Page 17 of 180

have been complied with and the case is Adoption; Illegitimate Child (2010)
already submitted for resolution, the
court may grant the petition and issue a No.VIII. Spouses Rex and Lea bore two
decree of adoption despite the death of children now aged 14 and 8. During the
the adopter (Section 13, RA 8552). subsistence of their marriage, Rex begot a
Otherwise, the death of the petitioner child by another woman. He is now 10
shall have the effect terminating the years of age.
proceedings.
2Q/HDVGLVFRYHU\RI5H[VIDWKHULQJDFKLOG
(B). Will your answer be the same if it was by another woman, she filed a petition for
Dolly who died during the pendency of the legal separation which was granted.
adoption proceedings? Explain. (2%)

Rex now wants to adopt his illegitimate
SUGGESTED ANSWER: child.
No, if it was Dolly who died, the case

(A) WKRVH FRQVHQW LV QHHGHG IRU 5H[V
should be dismissed. Her death
adoption of his illegitimate child? (2.5%)
terminates the proceedings (Art. 13,
Domestic Adoption Law).
SUGGESTED ANSWER:
ALTERNATIVE ANSWER: The consent of the 14-year-old

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 should issue the decree of longer required because there was
adoption if will be for the best interest of 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

SUGGESTED ANSWER:
adoptee who dies because adoption is
primarily for his benefit. Yes, he can still adopt his illegitimate
child but with the consent of his spouse,

Page 18 of 180

of his 14-year-old legitimate child, of the Adoption of Stephanie Nathy Astorga

illegitimate child, and of the biological Garcia, G.R. No. 148311, March 31,
mother of the illegitimate child (Section 2005, the Supreme Court ruled that the
7 and 9, RA 8552). adopted child may use the surname of
the natural mother as his middle name
because there is no prohibition in the
law against it. Moreover, it will also be
Adoption; Illegitimate Child; Use of
for the benefit of the adopted child who
0RWKHUV 6XUQDPH DV 0LGGOH 1DPH
shall preserve his lineage on his
(2012)
PRWKHUV VLGH DQG UHLQIRUFH KLV ULJKW WR
inherit from his mother and her family.
No.IV.b) Honorato filed a petition to adopt
Lastly, it will make the adopted child
his minor illegitimate child Stephanie,
conform with the time-honored Filipino
DOOHJLQJ WKDW 6WHSKDQLHV PRWKHU LV *HPPD
WUDGLWLRQ RI FDUU\LQJ WKH PRWKHUV
Astorga Garcia; that Stephanie has been
VXUQDPHDVWKHSHUVRQVPLGGOHQDPH
XVLQJ KHU PRWKHUV PLGGOH QDPH DQG
surname; and that he is now a widower and
qualified to be her adopting parent. He
SUD\HG WKDW 6WHSKDQLHV PLGGOH QDPH EH Consent; Consent of tKH $GRSWHUV +HLUV
changed from "Astorga" to "Garcia," which (2008)
LV KHU PRWKHUV VXUQDPH DQG WKDW KHU
surname "Garcia" be changed to "Catindig," No.V. Despite several relationships with
which is his surname. This the trial court different women, Andrew remained
denied. Was the trial court correct in unmarried. His first relationship with
GHQ\LQJ +RURUDWRV UHTXHVW IRU 6WHSKDQLHV Brenda produced a daughter, Amy, now 30
XVHRIKHUPRWKHUVVXUQDPHDVKHUPLGGOH years old. His second, with Carla, produced
name? Explain. (5%) two sons: Jon and Ryan. His third, with
Donna, bore him no children although
SUGGESTED ANSWER: Elena has a daughter Jane, from a previous
relationship. His last, with Fe, produced no
No, the trial court was not correct. There
biological children but they informally
is no law prohibiting an illegitimate child
adopted without court proceedings, Sandy's
adopted by his natural father to use as
now 13 years old, whom they consider as
PLGGOH QDPH KLV PRWKHUV VXUQDPH 7KH
their own. Sandy was orphaned as a baby
law is silent as to what middle name an
and was entrusted to them by the midwife
adoptee may use. In case of In re:
who attended to Sandy's birth. All the

Page 19 of 180

children, including Amy, now live with Qualifications of Adopter (2010)

andrew in his house.
No.IX. Eighteen-year old Filipina Patrice
(A). Is there any legal obstacle to the legal had a daughter out of wedlock whom she
adoption of Amy by Andrew? To the legal named Laurie. At 26, Patrice married
adoption of Sandy by Andrew and Elena? American citizen John who brought her to
(2%) live with him in the United States of
America. John at once signified his
SUGGESTED ANSWER: willingness to adopt Laurie.
Yes, there is a legal obstacle to the legal Can John file the petition for adoption? If
adoption of Amy by Andrew. Under Sec. yes, what are the requirements? If no, why?
9(d) of RA 8552, the New Domestic (5%)
Adoption Act of 1998, the written
consent of the illegitimate SUGGESTED ANSWER:
sons/daughters, ten (10) years of age or
No, John cannot file the petition to
over, of the adopter, if living with said
adopt alone. Philippine law requires
adopter and the latter's spouse, if any, is
husband and wife to adopt jointly except
necessary to the adoption. All the
on certain situations enumerated in the
children of Andrew are living with him.
law. The case of John does not fall in
Andrew needs to get the written consent
any of the exceptions (R.A. 8552).
of Jon, Ryan, Vina and Wilma, who are
all ten (10) years old or more. Sandy's Family Code
consent to Amy's adoption is 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 LQ 0DQLOD 2Q WKH ILUVW \HDU RI WKH VSRXVHV
written consent of Jane, if she is over tour of duty in the Philippines, Margarita
ten years old (Sec. 9(d), RA 8552). filed an annulment case against Emmanuel
before a Philippine court on the ground of

Page 20 of 180

KHU KXVEDQGV VWHULOLW\ DW WKH WLPH RI WKH shall be determined by applying Kenyan
celebration of the marriage. law and not Philippine law.
(B). Assume Emmanuel and Margarita are However, while Kenyan law governs the
both Filipinos. After their wedding in formal validity of the marriage, the legal
Kenya, they come back and take up capacity of the Filipino parties to the
residence in the Philippines. Can their marriage is governed not by Kenyan law
marriage be annulled on the ground of but by Philippine law (Article 15, NCC).
(PPDQXHOVVWHULOLW\"([SODLQ Sterility of a party as a ground for the
annulment of the marriage is not a
SUGGESTED ANSWER:
matter of form but a matter of legal
No, the marriage cannot be annulled
capacity. Hence, the Philippine court
under the Philippine law. Sterility is not
must apply Phillippine law in
a ground for annulment of marriage
determining the status of the marriage
under Article 45 of the Family Code.
on the ground of absence or defect in the
legal capacity of the Filipino parties.
ALTERNATIVE ANSWER:
Since sterility does not constitute
No, the marriage cannot be annulled in
absence or defect in the legal capacity of
the Philippines.
the parties under Philippine law, there is
no ground to avoid or annul the
The Philippine court shall have
marriage. Hence, the Philippine court
jurisdiction over the action to annul the
has to deny the petition.
marriage not only because the parties
are residents of the Philippines but
because they are Filipino citizens. The
Philippine court, however, shall apply
Marriage; Annulment; Grounds (2007)
the law of the place where the marriage
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, John told her that he was
to the formal validity of that marriage impotent. Marsha continued to live with

Page 21 of 180

John for 2 years. Marsha is now estopped No, I do not agree. There are others who
from filing an annulment case against may file a petition for declaration of
John. nullity such as the other spouse in
bigamous marriages.
SUGGESTED ANSWER:
FALSE. Marsha is not estopped from

filing an annulment case against John Marriage; Annulment; Support Pendente
on the ground of his impotence, because Lite (2010)
she learned of his impotence after the
celebration of the marriage and not No.V. G filed on July 8, 2000 a petition for
before. Physical incapacity to declaration of nullity of her marriage to B.
consummate is a valid ground for the During the pendency of the case, the couple
annulment of marriage if such incapacity entered into a compromise agreement to
was existing at the time of the marriage, dissolve their absolute community of
continues and appears to be incurable. property. B ceded his right to their house
The marriage may be annulled on this and lot and all his shares in two business
ground within five years from its firms to G and their two children, aged 18
celebration. and 19.
B also opened a bank account in the

amount of P3 million in the name of the two
Marriage; Annulment; Parties (2012) children to answer for their educational

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 children. The Court approved the
SUGGESTED ANSWER: VSRXVHVDJUHHPHQWRQ6HSWHPEHU
Yes, I agree. Under 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:

Page 22 of 180

SUGGESTED ANSWER: Marriage; Divorce Decrees; Filipino

Spouse Becoming Alien (2009)
If B acquiesces and does not file the
action to impugn the legitimacy of the No.IV. Harry married Wilma, a very wealthy
child within the prescriptive period for woman. Barely five (5) years into the
doing so in Article 170 of the Family marriage, Wilma fell in love with Joseph.
Code, G's daughter by another man shall Thus, Wilma went to a small country in
be conclusively presumed as the Europe, became a naturalized citizen of
legitimate daughter of B by G. that country, divorced Harry, and married
Joseph. A year thereafter, Wilma and
(B) Suppose in late 2004 the two children
Joseph returned and established
had squandered the P3 million fund for
permanent residence in the Philippines.
their education before they could obtain
their college degrees, can they ask for more (A). Is the divorce obtained by Wilma from
support from B? Explain. (3%) Harry recognized in the Philippines?
Explain your answer. (3%)
SUGGESTED ANSWER:
SUGGESTED ANSRWER :
Yes, the two children can still ask for
support for schooling or training for
As to Wilma, the divorced obtained by
some professions, trade or vocation,
her is recognized as valid in the
even beyond the age of majority until
Philippines because she is now a
they shall have finished or completed
foreigner. Philippine personal laws do
their education (Article 194, Paragraph
not apply to a foreigner. However,
2, Family Code; Javier v. Lucero, 94
recognition of the divorce as regards
Phil. 634 {1954}].Their having
Harry will depend on the applicability to
squandered the money given to them for
his case of the second paragraph of
their education will not deprive them of
Article 26 of the Family Code. If it is
their right to complete an education, or
applicable, divorce is recognized as to
to extinguish the obligation of the
him and, therefore, he can remarry.
parents to ensure the future of their
However, if it is not applicable, divorce
children.
is not recognized as to him and,
consequently, he cannot remarry.
ALTERNATIVE ANSWER:

Page 23 of 180

Yes , the divorce obtained by Wilma is SUGGESTED ANSWER :

recognized as valid in the Philippines. At
the time she got the divorce, she was Yes, he can validly marry Elizabeth,
already a foreign national having been applying the doctrine laid down by the
QDWXUDOL]HG DV D FLWL]HQ RI WKDW VPDOO Supreme Court in Republic v. Obrecido
FRXQWU\LQ(XURSH%DVHGRQSUHFHGHQWV (427 SCRA 114 [2005]). Under the second
established by the Supreme Court ( paragraph of Article 26 of the Family
Bayot v. CA, 570 SCRA 472 [2008]), Code, for the Filipino spouse to have
divorce obtained by a foreigner is capacity to remarry, the law expressly
recognized in the Philippines if validly requires the spouse who obtained the
obtained in accordance with his or her divorce to be a foreigner at the time of
national law . the marriage. Applying this requirement
to the case of Harry it would seem that
(B). If Harry hires you as his lawyer, what he is not given the capacity to remarry.
legal recourse would you advise him to This is because Wilma was a Filipino at
take? Why? (2%) the time of her marriage to Harry.
SUGGESTED ANSWER:
In Republic v. Obrecido, however, the
Supreme Court ruled that a Filipino
I will advice Harry to:
spouse is given the capacity to remarry
even though the spouse who obtained
(1) Dissolve and liquidate his property
the divorce was a Filipino at the time of
relations with Wilma ; and
the marriage, if the latter was already a
foreigner when the divorce was already
(2) If he will remarry, file a petition for
obtained abroad. According to the court,
the recognition and enforcement of the
to rule otherwise will violate the equal
foreign judgment of divorced (Rule
protection clause of the Constitution.
39,Rules of Court ).
(C). Harry tells you that he has fallen in

Marriage; Divorce Decrees; Foreign
love with another woman, Elizabeth, and
Spouse Divorces Filipino Spouse (2012)
wants to marry her because, after all,
Wilma is already married to Joseph. Can (b) Cipriano and Lady Miros married each
Harry legally marry Elizabeth? Explain. other. Lady Miros then left for the US and
(2%) there, she obtained American citizenship.

Page 24 of 180

Cipriano later learned all about this proving only that the foreign spouse has
including the fact that Lady Miros has obtained a divorce against her or him
divorced him in America and that she had abroad. (1%)
remarried there. He then filed a petition for
authority to remarry, invoking Par. 2, Art. SUGGESTED ANSWER :
26 of the Family Code. Is Cipriano

FALSE, In Garcia v. Recio , 366 SCRA
capacitated to re-marry by virtue of the
437 (2001) , the SC held that for a
divorce decree obtained by his Filipino
Filipino spouse to have capacity to
spouse who was later naturalized as an
contract a subsequent marriage, it must
American citizen? Explain. (5%)
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 remarry.
the second paragraph of Art 26 of the
ALTERNATIVE ANSWER:
Family Code is applicable only to a
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 by the foreigner spouse is
G.R. No. 154380, 5 Oct, 2005, that the sufficient to capacitate the Filipino
said provision equally applies to a spouse to remarry.
Filipino who married another Filipino at
the time of the marriage, but who was
already a foreigner when the divorce was
obtained. Marriage; Legal Separation; Prescription
(2012)
No.IV.a) After they got married, Nikki

Marriage; Divorce Decrees; Foreign discovered that Christian was having an
Spouse Divorces Filipino Spouse (2010) affair with another woman. But Nikki
decided to give it a try and lived with him
No.I. True or False.
for two (2) years. After two (2) years, Nikki
filed an action for legal separation on the
(A). Under Article 26 of the Family Code,
JURXQG RI &KULVWLDQV VH[XDO LQILGHOLW\ :LOO
when a foreign spouse divorces his/her
the action prosper? Explain. (5%)
Filipino spouse, the latter may re-marry by

Page 25 of 180

SUGGESTED ANSWER: the sexual infidelity committed in 2003,

the prescriptive period runs from 2003
Although the action for legal separation
and so on. The action for legal
has not yet prescribed, the prescriptive
separation for the last act of sexual
SHULRG EHLQJ \HDUV LI 2EHFLGRV DIIDLU
infidelity in 2005 will prescribe in 2010.
with another woman was ended when
Nikki decided to live with him again,
1LNNLV action will not prosper on
account of condonation. However, if Marriage; Psychological Incapacity
VXFK DIIDLU LV VWLOO FRQWLQXLQJ 1LNNLV (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
obligations of marriage because Neil is a
Marriage; Legal Separation; Prescription
drunkard, a womanizer, a gambler, and a
(2007)
mama's boy- traits that she never knew or
saw when Neil was courting her. Although
No.VII. Write "TRUE" if the statement is
summoned, Neil did not answer Maria's
true or "FALSE" if the statement is false. If
petition and never appeared in court.
(2% each).
To support her petition, Maria presented
three witnesses- herself, Dr. Elsie Chan,
(2). If a man commits several acts of sexual
and Ambrosia. Dr. Chan testified on the
infidelity, particularly in 2002, 2003, 2004,
psychological report on Neil that she
2005, the prescriptive period to file for legal
prepared. Since Neil never acknowledged
separation runs from 2002.
n9r responded to her invitation for
SUGGESTED ANSWER: interviews, her report is solely based on her

interviews with Maria and the spouses'
FALSE. The five-year prescriptive period minor children. Dr. Chan concluded that
for filing legal separation runs from the Neil is suffering from Narcissistic
occurrence of sexual infidelity Personality Disorder, an ailment that she
committed in 2002 runs from 2002, for found to be already present since Neil's

Page 26 of 180

early adulthood and one that is grave and mere conclusions. Being a drunkard, a
incurable. Maria testified on the specific ZRPDQL]HUDJDPEOHUDQGDPDPDVER\
instances when she found Neil drunk, with PHUHO\ VKRZV 1HLOV IDLOXUH to perform
another woman, or squandering the his marital obligations. In a number of
family's resources in a casino. Ambrosia, cases, the Supreme Court did not find
the spouses' current household help, the existence of psychological incapacity
corroborated Maria's testimony. in cases where the respondent showed
habitual drunkenness (Republic v.
On the basis of the evidence presented, will Melgar, G.R. No. 139676, 2006), blatant
you grant the petition? (8%) display of infidelity and irresponsibility
(Dedel v. CA, 2004) or being hooked to
SUGGESTED ANSWER:
gambling and drugs (Republic v. Tanyag-
San Jose, G.R. No. 168328, 2007).
No. The petition should be denied.
ALTERNATIVE ANSWER:
The psychological incapacity under Art.
36 of the Family Code must be
Yes. The petition should be granted.
characterized by (a) gravity, (b) juridical
antecedence, and (c) incurability. It is The personal medical or psychological
not enough to prove that the parties examination of respondent is not a
failed to meet their responsibilities and requirement for declaration of
duties as married persons; it is essential psychological incapacity. It is the
that they must be shown to be incapable totality of the evidence presented which
of doing so, due to some physiological shall determine the existence of
(not physical) illness (Republic v. CA and psychological incapacity (Marcos v.
Molina, G.R. No. 108763, Feb 13, 1997). Marcos, G.R. No. 136490, Oct 19, 2000).
'U &KDQV UHSRUW FRUURborated by
In this case, the pieces of evidence
0DULDV DQG $PEURVLDV WHVWLPRQLHV
presented are not sufficient to conclude
WKHUHIRUH VXIILFLHQWO\ SURYH 1HLOV
that indeed Neil is suffering from
psychological incapacity to assume his
psychological incapacity [Narcissistic
marital obligations.
Personality Disorder] existing already
before the marriage, incurable and
serious enough to prevent Neil from
performing his essential marital
REOLJDWLRQV 'U &KDQV UHSRUW FRQWDLQV

Page 27 of 180

Marriage; Psychological Incapacity the said report is the only evidence of

(2012) UHVSRQGHQWVSVychological incapacity.
No.II.b) The petitioner filed a petition for

declaration of nullity of marriage based Marriage; Requisites (2008)
allegedly on the psychological incapacity of
the respondent, but the psychologist was No. III. Roderick and Faye were high school
not able to personally examine the sweethearts. When Roderick was 18 and
respondent and the psychological report Faye, 16 years old, they started to live
was based only on the narration of together as husband and wife without the
petitioner. Should the annulment be benefit of marriage. When Faye reached 18
granted? Explain. (5%) years of age, her parents forcibly took her
back and arranged for her marriage to
SUGGESTED ANSWER: Brad. Although Faye lived with Brad after
the marriage, Roderick continued to
The annulment cannot be guaranteed
regularly visit Faye while Brad was away at
solely on the basis of the psychological
work. During their marriage, Faye gave
report. For the report to prove the
birth to a baby girl, Laica. When Faye was
psychological incapacity of the
25 years old, Brad discovered her continued
respondent, it is required that the
liason with Roderick and in one of their
psychologist should personally examine
heated arguments, Faye shot Brad to death.
the respondent and the psychological
She lost no time in marrying her true love
report should be based on the
Roderick, without a marriage license,
SV\FKRORJLVWV LQGHSHQGHQW DVVHVVPHQW
claiming that they have been continuously
of the facts as to whether or not the
cohabiting for more than 5 years.
respondent is psychologically
incapacitated. (A). Was the marriage of Roderick and Faye
valid? (2%)
Since, the psychologist did not
personally examine the respondent, and SUGGESTED ANSWER:
his report is based solely on the story of
the petitioner who has an interest in the No. The marriage of Roderick and Faye is
outcome of the petition, the marriage not valid. Art. 4, FC provides that the
cannot be annulled on the ground of absence of any of the essential or formal
UHVSRQGHQWV SV\FKRORJLFDO LQFDSDFLW\ LI requisites renders the marriage void ab
initio. However, no license shall be

Page 28 of 180

necessary for the marriage of a man and reqiured to submit the required certificate
a woman who have lived together as of capacity to marry from the German
husband and wife for at least 5 years and Embassy in Manila, Adolf stated in the
without any legal impediment to marry application for marriage license that he was
each other. In Republic v. Dayot, G.R. a Filipino citizen. With the marriage license
No. 175581, 28 March 2008, reiterating stating that Adolf was a Filipino, the couple
the doctrine in Nial v. Bayadog, G.R. got married in a ceremony officiated by the
No. 133778, 14 March 2000, this five- Parish Priest of Calamba, Laguna in a
year period is characterized by beach in Nasugbu, Batangas, as the local
exclusivity and continuity. In the parish priest refused to solemnize
present case, the marriage of Roderick marriages except in his church. Is the
and Faye cannot be considered as a marriage valid? Explain fully. (5%)
marriage of exceptional character,
because there were 2 legal impediments SUGGESTED ANSWER:
during their cohabitation: minority on

No. The marriage is not valid. Art. 41 FC
the part of Faye, during the first two
allows the present spouse to contract a
years of cohabitation; and, lack of legal
subsequent marriage during the
capacity, since Faye married Brad at the
subsistence of his previous marriage
age of 18. The absence of a marriage
provided that: (a) his prior spouse in the
license made the marriage of Faye and
first marriage had been absent for four
Roderick void ab initio.
consecutive years; (b) that the spouse
present has a well-founded belief that
Marriage; Subsequent Marriage (2008) the absent spouse was already dead, and
(C) present spouse instituted a summary
No. I. Ana Rivera had a husband, a Filipino proceeding for the declaration of the
citizen like her, who was among 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 Ana was among the
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. The body of the deceased
German father and a Filipino mother husband was not recovered to confirm
residing in Stuttgart. To avoid being his death. Thus, following Art. 41, Ana

Page 29 of 180

should have first secured a judicial while Jane is a child of Elena from a
declaration of his presumptive death previous relationship. Thus, their
before she married Adolf. The absence of marriage is not one of the prohibited
the said judicial declaration marriages enumerated under Art. 38 of
incapacitated Ana from contracting her the FC.
second marriage, making it void ab
initio.
Marriage; Void Marriages; By Reason of
Marriage; Void Marriages; By Reason of Public Policy (2007)
Public Policy (2008) No. VII. Write "TRUE" if the statement is

No.V. Despite several relationships with the statement is FALSE, state the reason.
different women, Andrew remained (2% each).
unmarried. His first relationship with
Brenda produced a daughter, Amy, now 30 (5). Amor gave birth to Thelma when she
years old. His second, with Carla, produced was 15 years old. Thereafter, Amor met
two sons: Jon and Ryan. His third, with David and they got married when she was
Donna, bore him no children although 20 years old. David had a son, Julian, with
Elena has a daughter Jane, from a previous his ex-girlfriend Sandra. Julian and Thelma
relationship. His last, with Fe, produced no can get married.

SUGGESTED ANSWER:
adopted without court proceedings, Sandy's
now 13 years old, whom they consider as
TRUE. Julian and Thelma can get
their own. Sandy was orphaned as a baby
married. Marriage between stepbrothers
and was entrusted to them by the midwife
and stepsisters are not among the
marriages prohibited under the Family
children, including Amy, now live with
Code.
andrew in his house.
(D). Can Jon and Jane legally marry? (1%)

Marriage; Void Marriages; Property
SUGGESTED ANSWER: Relations (2009)
Yes. Jon and Jane can marry each other; No. III. In December 2000, Michael and
Jon is an illegitimate child of Andrew Anna, after obtaining a valid marriage

Page 30 of 180

license, went to the Office of the Mayor of impediment for them to validity marry
Urbano, Bulacan, to get married. The each other.
0D\RU ZDV QRW WKHUH EXW WKH 0D\RUV
secretary asked Michael and Anna and
their witnesses to fill up and sign the Marriage; Void Marriages; Status of
required marriage contract forms. The Children (2009)
secretary then told them to wait, and went
out to look for the Mayor who was attending No. III. In December 2000, Michael and
a wedding in a neighboring municipality. Anna, after obtaining a valid marriage

license, went to the Office of the Mayor of
When the secretary caught up with the Urbano, Bulacan, to get married. The
Mayor at the wedding reception, she 0D\RU ZDV QRW WKHUH EXW WKH 0D\RUV
showed him the marriage contract forms secretary asked Michael and Anna and
and told him that the couple and their their witnesses to fill up and sign the
witnesses were waiting in his office. The required marriage contract forms. The
Mayor forthwith signed all the copies of the secretary then told them to wait, and went
marriage contract, gave them to the out to look for the Mayor who was attending
VHFUHWDU\ ZKR UHWXUQHG WR WKH 0D\RUV a wedding in a neighboring municipality.
office. She then gave copies of the marriage
contract to the parties, and told Michael When the secretary caught up with the
and Anna that they were already married. Mayor at the wedding reception, she
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
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 contract, gave them to the
(2%) VHFUHWDU\ ZKR UHWXUQHG WR WKH 0D\RUV
office. She then gave copies of the marriage
SUGGESTED ANSWER: contract to the parties, and told Michael
and Anna that they were already married.
The marriage being void, the property Thereafter, the couple lived together as
relationship that governed their union is husband and wife, and had three sons.
special co-ownership under Article 147
of the Family Code. This is on the (A). Is the marriage of Michael and Anna
assumption that there was no valid, voidable, or void? Explain your
answer. (3%)

Page 31 of 180

SUGGESTED ANSWER : (C). When Rona reaches seven (7) years old,
she tells Rodolfo that she prefers to live
The marriage is void because the formal with him, because he is better off
requisite of marriage ceremony was financially than Nanette. If Rodolfo files an
absent ( Art.3, F.C. 209, Family Code). action for the custody of Rona, alleging that
KHLV5RQDVFKRLFHDVFXVWRGLDOSDUHQWZLOO
ALTERNATIVE ANSWER: WKH FRXUW JUDQW 5RGROIRV SHWLWLRQ" :K\ RU
The marriage is void because an why not? (2%)
essential requisite was absent: consent
of the parties freely given in the SUGGESTED ANSWER:
presence of the solemnizing officer (Art No, because Rodolfo has no parental
.2, FC). authority over Rona. He who has the

parental authority has the right to
(B). What is the status of the three children custody. Under the Family Code, the
of Michael and Anna? Explain your answer. mother alone has parental authority over
(2%) the illegitimate child. This is true even if
illegitimate father recognized the child
SUGGESTED ANSWER: and even though he is giving support for
The children are illegitimate, having the child. To acquire custody over Rona,
been born outside a valid marriage. Rodolfo should first deprive Nanette of
parental authority if there is ground
under the law, and in a proper court
Parental Authority; Illegitimate Minor proceedings. In the same action, the
Child (2009) court may award custody of Rona to
Rodolfo if it is for her best interest.
No.XIV. Rodolfo, married to Sharon, had an
illicit affair with his secretary, Nanette, a
19-year old girl, and begot a baby girl,
Parental Authority; In Vitro Fertilization
Rona. Nanette sued Rodolfo for damages:
(2010)
actual, for hospital and other medical
expenses in delivering the child by No.VI. Gigolo entered into an agreement
caesarean section; moral, claiming that with Majorette for her to carry in her womb
Rodolfo promised to marry her, his baby via in vitro fertilization. Gigolo
representing that he was single when, in underWRRN WR XQGHUZULWH 0DMRUHWWHV SUH-
fact, he was not; and exemplary, to teach a natal expenses as well as those attendant
lesson to like-minded Lotharios.

Page 32 of 180

to her delivery. Gigolo would thereafter pay in Paraaque. After four (4) years or in
Majorette P2 million and, in return, she 2001, G having completed her 4-year
would give custody of the baby to him. college degree as a fulltime student, she
and B contracted marriage without a
After Majorette gives birth and delivers the license.
baby to Gigolo following her receipt of P2
million, she engages your services as her The marriage of B and G was, two years
lawyer to regain custody of the baby. later, declared null and void due to the
absence of a marriage license.
(C) Who of the two can exercise parental
authority over the child? Explain. (2.5%) (B). Is Venus legitimate, illegitimate, or
legitimated? Explain briefly. (3%)
SUGGESTED ANSWER:
SUGGESTED ANSWER:
Majorette, the mother, can exercise
parental authority. Since the child was Venus is illegitimate. She was conceived
born out of wedlock, the child 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 Code). While Venus was
over the child. legitimated by the subsequent marriage
of her parents, such legitimation was
ALTERNATIVE ANSWER:
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 due to absence of a marriage
relation to the child. She is just a license.
FDUULHURIWKHFKLOG
Under Article 178 of the Family Code,
OHJLWLPDWLRQ VKDOO WDNH SODFH E\ D
subsequent valid marriage between
Paternity & Filiation; Child Born Under a parents. The annulment of a voidable
Void Marriage (2010) marriage shall not affect the

OHJLWLPDWLRQ 7KH LQFOXVLRQ RI WKH
No.X. In 1997, B and G started living underscored portion in the Article
together without the benefit of marriage. necessarily implies that the Article's
The relationship produced one offspring, application is limited to voidable
Venus. The couple acquired a residential lot marriages. It follows that when the

Page 33 of 180

subsequent marriage is null or void, the action to impugn, B can pray for the
legitimation must also be null and void. correction of the status of the said
In the present problem, the marriage daughter in her record of birth.
between B and G was not voidable but
void. Hence, Venus has remained an (B). If B acquiesces to the use of his
illegitimate child. VXUQDPH E\ *V GDXJKWHU E\ another man,

what is/are the consequence/s? Explain.
(5%)
Paternity & Filiation; Impugning SUGGESTED ANSWER:

Legitimacy (2010)
If B acquiesces and does not file the
No.IV. Spouses B and G begot two action to impugn the legitimacy of the
offsprings. Albeit they had serious child within the prescriptive period for
personality differences, the spouses doing so in Article 170 of the Family
continued to live under one roof. B begot a Code, G's daughter by another man shall
son by another woman. G also begot a be conclusively presumed as the
daughter by another man. legitimate daughter of B by G.
(A). If G gives the surname of B to her

daughter by another man, what can B do to
Paternity & Filiation; In Vitro
protect their legitimate children's interests?
)HUWLOL]DWLRQ 6XUURJDWH 0RWKHUV
Explain. (5%)
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 another man as his legitimate his baby via in vitro fertilization. Gigolo
daughter on the ground that for XQGHUWRRN WR XQGHUZULWH 0DMRUHWWHV SUH-
biological reason he could not have been natal expenses as well as those attendant
the father of the child, a fact that may to her delivery. Gigolo would thereafter pay
be proven by the DNA test. Having been Majorette P2 million and, in return, she
born during the marriage between B and would give custody of the baby to him.
G, G's daughter by another man is
presumed as the child of B under Article After Majorette gives birth and delivers the
164 of the Family Code. In the same baby to Gigolo following her receipt of P2

Page 34 of 180

million, she engages your services as her No, he cannot. Both he and Majorette are
lawyer to regain custody of the baby. guilty of violating the provision of the
Anti-Child Abuse Law (RA7610) on child
(A) What legal action can you file on behalf trafficking. Being in pari delicto, the
of Majorette? Explain. (2.5%) partners shall be left where they are and
Gigolo cannot demand the return of
SUGGESTED ANSWER:
what he paid.
As her lawyer, I can file a petition for

ALTERNATIVE ANSWER:
habeas corpus on behalf Majorette to
recover custody of her child. Since she is Yes. The agreement between Gigolo and
the mother of the child that was born Majorette is a valid agreement.
out of wedlock, she has exclusive
parental authority and custody over the (D) Is the child entitled to support and
child. Gigolo, therefore, has no right to inheritance from Gigolo? Explain. (2.5%)
have custody of the child and his refusal

SUGGESTED ANSWER:
to give up custody will constitute illegal
detention for which habeas corpus is the If Gigolo voluntarily recognized the child
proper remedy. as his illegitimate child in accordance
with Article 175 in relation to Article
ALTERNATIVE ANSWER:
172 of the Family Code, the child is
The action to regain custody will not entitled to support and inheritance from
prosper. In the first place Majorette Gigolo.
cannot regain custody of the baby. As
ALTERNATIVE ANSWER:
surrogate mother she merely carries the
child in her womb for its development. Yes, because Gigolo is the natural and
The child is the child of the natural biological parent of the baby.
parents- Gigolo and his partner. The
agreement between Gigolo and Majorette
is a valid agreement.
Paternity & Filiation; Legitimacy;
(B) Can Gigolo demand from Majorette the Presumption (2008)
return of the P2 million if he returns the No. III. Roderick and Faye were high school
baby? Explain. (2.5%) sweethearts. When Roderick was 18 and
Faye, 16 years old, they started to live
SUGGESTED ANSWER: together as husband and wife without the

Page 35 of 180

benefit of marriage. When Faye reached 18 March 2002, the Supreme Court ruled
years of age, her parents forcibly took her that impugning the legitimacy of the
back and arranged for her marriage to child is a strictly personal right of
Brad. Although Faye lived with Brad after husband, except: (a) when the husband
the marriage, Roderick continued to died before the expiration of the period
regularly visit Faye while Brad was away at fixed for bringing the action; (b) if he
work. During their marriage, Faye gave should die after the filing of the
birth to a baby girl, Laica. When Faye was complaint, without having desisted
25 years old, Brad discovered her continued therefrom, or (c) if the child was born
liason with Roderick and in one of their after the death of the husband. Laica's
heated arguments, Faye shot Brad to death. case does not fall under any of the
She lost no time in marrying her true love exceptions.
Roderick, without a marriage license,
claiming that they have been continuosly (D). Can Laica be legitimated by the
cohabiting for more than 5 years. marriage of her biological parents? (1%)
(B). What is the filiation status of Laica? SUGGESTED ANSWER:
(2%)
No. Laica cannot be legitimated by the
SUGGESTED ANSWER: marriage of her biological parents

because only children conceived and
Laica is legitimate because children born outside of wedlock of parents who
conceived or born during the marriage of at the time of the conception of the
the parents are presumed to be former were not disqualified by any
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. IV. Gianna was born to Andy and
No. Laica cannot bring an action to
Aimee, who at the time Gianna's birth were
impugn her own status. In Liyao Jr. v.
not married to each other. While Andy was
Tanhoti-Liyao, G.R. No. 138961, 07
single at the time, Aimee was still in the

Page 36 of 180

process of securing a judicial declaration of statement is false. Explain your answer in

nullity on her marriage to her ex-husband. not more than two (2) sentences.
Gianna's birth certificate, which was signed
by both Andy and Aimee, registered the (E). A dead child can be legitimated. (1%)
status of Gianna as "legitimate", her

SUGGESTED ANSWER:
surname carrying that of Andy's and that
her parents were married to each other.
TRUE To be legitimated, the law does
not require a child to be alive at the
(C). Assuming that Aimee is successful in
same time of the marriage of his / her
declaring her former marriage void, and
parents ( Article 177, FC ). Furthermore,
Andy and Aimee subsequently married each
Art. 181 of the Family Code which states
other, would Gianna be legitimated? (1%)
WKDW>7K@HOOHJLWLPDWLRQ RIFKLOGUHQ ZKR
SUGGESTED ANSWER: died before the celebration of marriage

ZLOOEHQHILWWKHLUGHVFHQGDQWVGRHVQRW
Gianna cannot be legitimated by the preclude instances where such
subsequent marriage of Andy and Aimee. legitimation will benefit no one but the
Art. 177 of the FC provides that "only child's ascendants ,or other relatives .
children conceived and born outside of
wedlock of parents who, at the time of
the conception of the former, were not Paternity & Filiation; Support:
disqualified by any impediment to marry Ascendants & Descendants; Collateral
each other may be legitimated." In the Blood Relatives (2008)
present case, a legal impediment was

No.V. Despite several relationships with
existing at the time of the conception of
different women, Andrew remained
Gianna. Her mother, Aimee, was still
unmarried. His first relationship with
alive in the process of securing judicial
Brenda produced a daughter, Amy, now 30
declaration of nullity on her marriage to
years old. His second, with Carla, produced
her ex-husband.
two sons: Jon and Ryan. His third, with
Donna, bore him no children although
Paternity & Filiation; Legitimation of a Elena has a daughter Jane, from a previous
Dead Child (2009) relationship. His last, with Fe, produced no

No. I. TRUE or FALSE. Answer TRUE if the adopted without court proceedings, Sandy's
statement is true, or FALSE if the now 13 years old, whom they consider as

Page 37 of 180

their own. Sandy was orphaned as a baby Paternity & Filiation; Use of Surname;
and was entrusted to them by the midwife Illegitimate Child (2009)
children, including Amy, now live with No.XIV. Rodolfo, married to Sharon, had an
andrew in his house. illicit affair with his secretary, Nanette, a

(B). In his old age, can Andrew be legally Rona. Nanette sued Rodolfo for damages:
entitled to claim support from Amy, Jon, actual, for hospital and other medical
Ryan, Vina, Wilma, and Sandy assuming expenses in delivering the child by
that all of them have the means to support caesarean section; moral, claiming that
him? (1%) Rodolfo promised to marry her,
representing that he was single when, in
SUGGESTED ANSWER: fact, he was not; and exemplary, to teach a
Andrew, in his old age, cannot be legally
entitled to claim support because Art. (B). Suppose Rodolfo later on acknowledges
195, par 2 of the FC limits the giving of Rona and gives her regular support, can he
support to "legitimate ascendants and compel her to use his surname? Why or
descendants." why not? (2%)
(C). Can Amy, Jon, Ryan, Vina, Wilma, and SUGGESTED ANSWER:
Sandy legally claim support from each No. he has no right to compel Rona to
other? (2%) use his surname. The law does not give
him the right simply because he gave her
SUGGESTED ANSWER:
support (RA 9255).
Amy, Jon, Ryan, Vina, Wilma and Sandy

Under the Family Code, an illegitimate
cannot legally claim support from each
child was required to use only the
other because Art. 195, par 5 limits the
surname of the mother. Under RA 9255,
giving of support to "legitimate brothers
otherwise known as the Revilla law,
and sisters, whether full or half blood."
however, the illegitimate child is given
the option to use the surname of the
illegitimate father when the latter has
recognized the former in accordance
with law. Since the choice belongs to the
illegitimate child, Rodolfo cannot

Page 38 of 180

compel Rona, if already of age, to use They are not related at all to Edilberto.
the surname against her will. If Rona is They were born during the marriage of
still a minor, to use the surname of Conrado and Clarita, hence, are
Rodolfo will require the consent of considered legitimate children of the
Rona's mother who has sole parental said spouses. This status is conferred on
authority over her. them at birth by law.
Under Philippine law, a person cannot

Paternity & Filiation; Who May Impugn have more than one natural filiation.
Legitimacy (2009) The legitimate filiation of a person can
be changed only if the legitimate father
No.V. Four children, namely: Alberto, will successfully impugn such status.
Baldomero, Caridad, and Dioscoro, were
born to the spouses Conrado and Clarita de In the problem, therefore, the filiation of
OD &RVWD 7KH FKLOGUHQV ELUWK FHUWLILFDWHV Alberto and Baldomero as legitimate
were duly signed by Conrado, showing children of Condrado cannot be changed
WKHPWREHWKHFRXSOHVOHJLWLPDWHFKLOGUHQ by their recognition by Edilberto as his
illegitimate children. Before they can be
Later, one Edilberto de la Cruz executed a
FRQIHUUHG WKH VWDWXV RI (GLOEHUWRV
notarial document acknowledging Alberto
illegitimate children, Condrado must
and Baldomero as his illegitimate children
first impugn their legitimacy. Since
>with Clarita. Edilberto died leaving
Condrado has not initiated any action to
substantial properties. In the settlement of
impugn their legitimacy, they continue
his estate, Alberto and Baldomero
to be the legitimate of Condrado. They
intervened claiming shares as the
cannot be the illegitimate children of
GHFHDVHGV LOOHJLWLPDWH FKLOGUHQ 7KH
Edilberto at the same time. Not being
legitimate family of Edilberto opposed the
the illegitimate children of Edilberto,
claim.
they have no right to inherit from him.
Are Alberto and Baldomero entitled to share

in the estate of Edilberto? Explain. (4%)
Property Relations; Adulterous
SUGGESTED ANSWER: Relationship (2009)
No. XI. TRUE or FALSE. Answer TRUE if

No, Alberto and Baldomero are not
the statement is true, or FALSE if the
HQWLWOHG WR VKDUH LQ (GLOEHUWRV HVWDWH

Page 39 of 180

statement is false. Explain your answer in SUGGESTED ANSWER:

It depends. If the value of the building is
(B). If there is no marriage settlement, the more than the value of the land, the
salary of a "spouse" in an adulterous building is conjugal and the land
marriage belongs to the conjugal becomes conjugal property under Art.
partnership of gains. (1%) 120 of the Family Code. This is a case of

reverse accession, where the building is
SUGGESTED ANSWER: considered as the principal and the land,
False. In adulterous relationship, the the accessory. If, on the other hand, the
salary of a married partner belongs to value of the land is more than the value
the absolute community, or conjugal of the building, then the ordinary rule of
partnership, of such married partner accession applies where the land is the
with his or her lawful spouse. Under principal and the building, the
Articles 148 of the Family Code, the accessory. In such case, the land
property relations between married remains paraphernal property and the
partner and his/her paramour is building becomes paraphernal propery.
governed by ordinary co-ownership
Note: The rule on reverse accession is
where the partners become co-owners
applicable only to the regime of conjugal
only when they contributed to the
partnership of gains in both the Family
acquisition of the property. The
Code and the New Civil Code. The foregoing
paramour is deemed to have not
answer assumes that CPG is the regime of
contributed in the earning of the salary
the property relations of the spouses.
of the married partner.
Property Relations; Ante-Nuptial Debt

Property Relations; Accession (2012)
(2007)
No.III.(a) Maria, wife of Pedro, withdrew P 5

No. VII. Write "TRUE" if the statement is
Million from their conjugal funds. With this
money, she constructed a building on a lot
which she inherited from her father. Is the
(2% each).
building conjugal or paraphernal? Reasons.
(5%) (3). An individual, While single, purchases a
house and lot in 1990 and borrows money

Page 40 of 180

in 1992 to repair it. In 1995, such Property Relations; Unions Without

individual gets married while the debt is Marriage (2012)
still being paid. After the marriage, the debt
is still the responsibility of such individual. No.V. a) Spouses Primo and Monina Lim,
childless, were entrusted with the custody
SUGGESTED ANSWER: of two (2) minor children, the parents of
whom were unknown. Eager of having
FALSE. The absolute Community of children of their own, the spouses made it
property is liable for the ante-nuptial DSSHDU WKDW WKH\ ZHUH WKH FKLOGUHQV
debts of either spouse in so far as the parents by naming them Michelle P. Lim
same redounded to the benefit of the and Michael Jude Lim. Subsequently,
family (Art. 94 par.7, FC). 0RQLQD PDUULHG $QJHO 2ODULR DIWHU 3ULPRV
death.
ALTERNATIVE ANSWER:
She decided to adopt the children by

FALSE. The debt is already the
availing the amnesty given under R.A. 8552
responsibility of the community
to those individuals who simulated the
property, because the property already
birth of a child. She filed separate petitions
constitutes absolute community
for the adoption of Michelle, then 25 years
property under Art. 91 of FC which took
old and Michael, 18. Both Michelle and
effect in 1988 while the house and lot
Michael gave consent to the adoption.
here involved was purchased in 1990.
There is no indication that the spouse The trial court dismissed the petition and
who bought the property had legitimate ruled that Monina should have filed the
descendants by a former marriage, which petition jointly with her new husband.
would exclude the house and lot from Monina, in a Motion for Reconsideration
the community property, Art. 92 par 3, argues that mere consent of her husband
FC). If the spouses established a conjugal would suffice and that joint adoption is not
partnership, the property belongs to the needed, for the adoptees are already
individual spouse if full ownership was emancipated.
vested before marriage (Art. 118, FC).
Is the trial court correct in dismissing the
petitions for adoption? Explain. (5%)
SUGGESTED ANSWER:

Page 41 of 180

Yes, the trial court was correct. At the Borromeo discovered that titles to the three
time the petitions for adoptions were (3) lots have been transfereed in the name
filed, petitioner had already remarried. of Descallar. Who is the rightful owner of
Under the law, husband and wife shall the properties? Explain. (5%)
adopt jointly, except in the cases
enumerated in the law. The adoption SUGGESTED ANSWER:
cases of Michelle and James do not fall

It depends. On the assumption that the
in any of the exceptions provided in the
Family Code is the applicable law, the
law where a spouse is permitted to adopt
ownership of the properties depends on
alone. Hence, Monina should adopt
whether or not, Jambrich and Descallar
jointly with her husband Angel (Adoption
are capacitated to marry each other
of Michelle P. Lim, G.R. Nos. 168992-93,
during their cohabitation, and whether
May 21, 2009).
or not both have contributed funds for
the acquisition of the properties.
If both of them are capacitated to marry

Property Relations; Unions Without
each other, Art 147- co-ownership will
Marriage (2012)
apply to their property relations and the
No.V. b) Jambrich, an Austrian, fell in-love properties in question are owned by
and lived together with Descallar and them in equal shares even though all the
bought their houses and lots at Agro-Macro funds used in acquiring the properties
Subdivision. In the Contracts to Sell, came only from the salaries or wages, or
Jambrich and Descallar were referred to as the income of Jambrich from his
the buyers. When the Deed of Absolute Sale business or profession. In such case,
was presented for registration before the while Jambrich is disqualified to own
Register of Deeds, it was refused because any part of the properties, his
Jambrich was an alien and could not subsequent transfer of all his interest
acquire alienable lands of the public therein to Borromeo, a Filipino, was
domain. After Jambrich and Descallar valid as it removed the disqualification.
separated, Jambrich purchased an engine In such case, the properties are owned
and some accessories for his boat from by Borromeo and Descallar in equal
Borromeo. To pay for his debt, he sold his shares.
rights and interests in the Agro-Macro

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

Page 42 of 180

each other Art. 148-co-ownership marriage, the couple possessed the

governs their property relations. Under following properties:
this regime, Jambrich and Descallar are
co-owners of the properties but only if x a house and lot acquired by B on
both of them contributed in their August 3, 1988, one third (1/3) of
acquisition. If all the funds used in the purchase price (representing
acquiring the properties in question downpayment) of which he paid; one
came from Jambrich, the entire property third (1/3) was paid by G on
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, however, is valid as it graduation on April 6, 1989; and the
removed the disqualification. In such EDODQFHZDVSDLGRXWRIWKHVSRXVHV
case, all the properties are owned by joint income; and
Borromeo. If, on the other hand x an apartment unit donated to B by

Descallar contributed to their an uncle on June 19, 1987.
acquisition, the properties are co-owned

(A) Who owns the foregoing properties?
by Descallar and Borromeo in proportion
Explain. (5%)
to the respective contributions of the
Descallar and Jambrich.
SUGGESTED ANSWER:
Note: The facts of the problem are not
Since the marriage was declared void ab
exactly the same as in the case of
initio in 2001, no Absolute Community
Borromeo v. Descallar, G.R. NO. 159310,
or Conjugal Partnership was ever
Feb 24, 2009, hence, the difference in
established between B and G. Their
the resulting answer.
property relation is governed by a
VSHFLDOFR-RZQHUVKLSXQGHU$UWLFOH
Property Relations; Void Marriages of the Family Code because they were
(2010) capacitated to marry each other.
Under that Article 147, wages and

No.VII. G and B were married on July 3,
VDODULHV RI WKH IRUPHU VSRXVHV HDUQHG
1989. On March 4, 2001, the marriage,
during their cohabitation shall be owned
which bore no offspring, was declared
by them in equal shares while properties
void ab initio under Article 36 of the Family
acquired thru their work for industry
Code. At the time of the dissolution of the
shall be owned by them in proportion to

Page 43 of 180

their respective contributions. Care and G. She is an undivided co-owner to the

maintenance of the family is recognized extent for her contribution in its
as a valuable contribution. In the acquisition when she paid 1/3 of the
absence of proof as to the value of their purchase price using the gift from her
respective contributions, they shall parents. Although the gift was acquired
share equally. by G during her cohabitation with B, it is
her exclusive property. It did not consist
If ownership of the house and lot was
of wage or salary or fruit of her work or
acquired by B on August 3, 1988 at the
industry.
time he bought it on installment before
he got married, he shall remain owner of
(3) 1/3 of the house is co-owned by B
the house and lot but he must reimburse
and G because the payment came from
G for all the amounts she advanced to
their co-owned funds, i.e., their joint
pay the purchase price and for one-half
income during their cohabitation which
share in the last payment from their
is shared by them equally in the absence
joint income. In such case, the house
of any proof to the contrary.
and lot were not acquired during their
cohabitation, hence, are not co-owned by
After summing up their prospective
B and G.
shares, B and G are undivided co-owners
But if the ownership of the house and lot of the house and lot in equal shares.
was acquired during the cohabitation,

As to the apartment, it is owned
the house and lot will be owned as
exclusive by B because he acquired it
follows:
before their cohabitation. Even if he
(1) 1/3 of the house and lot is owned by acquired it during their cohabitation, it
B. He is an undivided co-owner to that will still be his exclusive property
extent for his contributions in 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 acquired gratuitously from his
of the marriage. The money he used to uncle.

pay the down payment was not earned
(B) If G and B had married on July 3, 1987
during the cohabitation, hence, it is his
and their marriage was dissolved in 2007,
exclusive property.
who owns the properties? Explain. (5%)
(2) 1/3 of the house and lot is owned by

SUGGESTED ANSWER:

Page 44 of 180

The answer is the same as in letter A. in Paraaque. After four (4) years or in
Since the parties to the marriage which 2001, G having completed her 4-year
was later declared void ab initio were college degree as a fulltime student, she
capacitated to marry each other, the and B contracted marriage without a
applicable law under the New Civil Code license.
was Article 144.This Article is
substantially the same as Article 147 of The marriage of B and G was, two years
the Family Code. later, declared null and void due to the
absence of a marriage license.
Hence, the determination of ownership
will remain the same as in question A. (A). If you were the judge who declared the
And even assuming that the two nullity of the marriage, to whom would you
provisions are not the same, Article 147 award the lot? Explain briefly. (3%)
of the Family Code is still the law that
will govern the property relations of B SUGGESTED ANSWER:
and G because under Article 256, the

Since the marriage was null and void, no
Family Code has retroactive effect
Absolute Community or Conjugal
insofar as it does not prejudice or impair
Partnership was established between B
vested or acquired rights under the new
and G. Their properties are governed by
Civil Code or other laws. Applying Article
WKH VSecial co-RZQHUVKLS SURYLVLRQ RI
147 retroactively to the case of G and B
Article 147 of the Family Code because
will not impair any vested right. Until
both B and G were capacitated to marry
the declaration of nullity of the marriage
each other. The said Article provides
under the Family Code, B and G have not
that when a man and a woman who are
as yet acquired any vested right over the
capacitated to marry each other, live
properties acquired during their
exclusively with each other as husband
cohabitation.
and wife without the benefit of marriage,
or under a void marriage: (1) their wages
and salaries shall be owned by them in
Property Relations; Void Marriages
equal shares; and (2) property acquired
(2010)
by both of them through their work or
industry shall be governed by the rules
No.X. In 1997, B and G started living
on co-ownership. In co-ownership, the
together without the benefit of marriage.
parties are co-owners if they contributed
The relationship produced one offspring,
something of value in the acquisition of
Venus. The couple acquired a residential lot

Page 45 of 180

the property. Their share is in Succession

proportion to their respective
contributions. In an ordinary co- Disposition; Mortis Causa vs. Intervivos;
ownership the care and maintenance of Corpse (2009)
the family is not recognized as a
valuable contribution for the acquisition No. XI. TRUE or FALSE. Answer TRUE if
RIDSURSHUW\,QWKH$UWLFOHVSHFLDO the statement is true, or FALSE if the
co-RZQHUVKLS KRZHYHU FDUH DQG statement is false. Explain your answer in
maintenance is recognized as a valuable not more than two (2) sentences.
contribution which will entitle the
contributor to half of the property (E). A person can dispose of his corpse
acquired. through an act intervivos. (1%)
Having been acquired during their SUGGESTED ANSWER:

cohabitation, the residential lot is False. A persons cannot dispose of his
presumed acquired through their joint corpse through an act inter vivos, i.e.,
work and industr under Article 147, an act to take effect during his lifetime.
hence, B and G are co-owners of the said Before his death there is no corpse to
property in equal shares. dispose. But he is allowed to do so
through an act mortis causa, i.e., an act
Article 147 also provides that when a
to take effect upon his death.
party to the void marriage was in bad
faith, he forfeits his share in the co-
ownership in favor of the common
children or descendants, the default of Heirs; Fideicommissary Substitution
children or descendants, the forfeited (2008)
share shall belong to the innocent party.
In the foregoing problem, there is no No. XIII. Raymond, single, named his sister
showing that one party was in bad faith. Ruffa in his will as a devisee of a parcel of
Hence, both shall be presumed in good land which he owned. The will imposed
faith and no forfeiture shall take place. upon Ruffa the obligation of preseving the
land and transferring it, upon her death, to
her illegitimate daughter Scarlet who was
then only one year old. Raymond later died,
leaving behind his widowed mother, Ruffa
and Scarlet.

Page 46 of 180

(A). Is the condition imposed upon Ruffa, to Ruffa (Art. 992, Civil Code). Moreover,
preserve the property and to transmit it Scarlet is not a compulsory heir of
upon her death to Scarlet, valid? (1%) Raymond, hence she can inherit only by
testamentary succession. Since
SUGGESTED ANSWER: Raymond executed a will in the case at
bar, Scarlet may inherit from Raymond.
Yes, the condition imposed upon Ruffa
to preserve the property and to transmit
it upon her death to Scarlet is valid
because it is tantamount to Heirs; Intestate Succession; Legitime;
fideicommissary substitution under Art. Computation (2010)
863 of the Civil Code.
No.XI. The spouses Peter and Paula had
(B). If Scarlet predeceases Ruffa, who three (3) children. Paula later obtained a
inherits the property? (2%) judgment of nullity of marriage. Their
absolute community of property having
SUGGESTED ANSWER: been dissolved, they delivered P1 million to
each of their 3 children as their
Ruffa will inherit the property as
presumptive legitimes.
Scarlet's heir. Scarlet acquires a right to
the succession from the time of Peter later re-married and had two (2)
Raymond's death, even though 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
later died intestate.
(C). If Ruffa predeceases Raymond, can
Scarlet inherit the property directly from (A). :KRDUH3HWHUVOHJDOKHLUVDQGKRZZLOO
Raymond? (2%) his estate be divided among them? (5%)
SUGGESTED ANSWER: SUGGESTED ANSWER:
If Ruffa predeceases Raymond, The legal heirs of Peter are his children
Raymond's widowed mother will be by the first and second marriages and
entitled to the inheritance. Scarlet, an his surviving second wife.
illegitimate child, cannot inherit the
Their shares in the estate of Peter will
property by intestate succession from
depend, however, on the cause of the
Raymond who is a legitimate relative of

Page 47 of 180

nullity of the first marriage. If the (B) If the ground of nullity is not
nullity of the first marriage was psychological capacity:
psychological incapacity of one or both 2 legitimate of the estate for
spouses, the three children of that void children each of second
marriage are legitimate and all of the marriage
legal heirs shall share the estate of Peter
Surviving of the estate
in equal shares. If the judgment of
second spouse
nullity was for other causes, the three
children are illegitimate and the estate 3 illegitimate 1/12 of estate for
shall be distributed such that an children each of first marriage
illegitimate child of the first marriage

shall receive half of the share of a
Note: The legitime of an illegitimate
legitimate child of the second marriage,
child is supposed to be the legitime of
and the second wife will inherit a share
a legitimate child or 1/8 of the estate.
equal to that of a legitimate child. In no
But the estate will not be sufficient to
case may the two legitimate children of
pay the said legitime of the 3
the second marriage receive a share less
illegitimate children, because only of
than one-half of the estate which is their
the estate is left after paying the
legitime. When the estate is not
legitime of the surviving spouse which is
sufficient to pay all the legitimes of the
preferred.
compulsory heirs, the legitime of the
spouse is preferred and the illegitimate Hence, the remaining of the estate
children suffer the reduction. shall be divided among the 3 illegitimate
children.
Computation:
(A) If the ground of nullity is (B). What is the effect of the receipt by
psychological incapacity: 3HWHUV FKLOGUHQ E\ KLV ILUVW PDUULDJH RI

their presumptive legitimes on their right to
3 children by first 1/6 of the estate
LQKHULWIROORZLQJ3HWHUVGHDWK"
marriage for each
2 children by second 1/6 of the estate SUGGESTED ANSWER:

marriage for each
,QWKHGLVWULEXWLRQRI3HWHUVHVWDWHof
Surviving second 1/6 of the estate
the presumptive received by the 3
spouse
children of the first marriage shall be
FROODWHG WR 3HWHUV HVWDWH DQG VKDOO EH

Page 48 of 180

imputed as an advance of their Art 992 of the NCC, an illegitimate child

respective inheritance from Peter. Only has no right to inherit ab intestato from
half of the presumptive legitime is the legitimate children and relatives of
collated to the estate of Peter because his father or mother. Arnel is
the other half shall be collated to the disqualified to inherit from Ricky
estate of his first wife. because Arnel is an illegitimate child of
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 is true, or FALSE if the
Audrey and out of which, they begot Arnel. statement is false. Explain your answer in
Frnaco predeceased Ricky, Arlene and not more than two (2) sentences.
Arnel. Before Ricky died, he executed a will
which when submitted to probate was (B).In reservatroncal, all reservatarios (reser
opposed by Arnel on the ground that he vees) inherit as a class and in equal shares
should be given the share of his father, regardless of their proximity in degree to
Franco. Is the opposition of Arnel correct? the prepositus. (1%)
Why? (5%)
SUGGESTED ANSWER:
SUGGESTED ANSWER: FALSE. Not all the relatives within the

third degree will inherit as reservatario ,
No, his opposition is not correct. Arnel and not all those who are entitled to
cannot inherit from Ricky in the inherit will inherit in the equal shares .
representation of his father Franco. In The applicable laws of intestate
representation, the representative must succession will determine who among
not only be a legal heir of the person he the relatives will inherit as reservatarios
is representing, he must also be a legal and what shares they will tak, i.e., the
heir of the decedent he seeks to inherit direct line excludes the collateral, the
from. descending direct line excludes the
ascending ,the nearer excludes the more
While Arnel is a legal heir of Franco, he
remote, the nephews and nieces exclude
is not a legal heir of Ricky because under

Page 49 of 180

the uncles and the aunts, and half blood (1). The wife of Ramon will, therefore,
relatives inherit half the share of receive one half () of the estate or the
full-blooded relatives. amount of P5,000,000.00.
(2). The three (3) full-blood brothers, will,
therefore, receive P1,000,000.00 each.
(3). The nephew will receive
Intestate Succession (2008)
P1,000,000.00 by right of
representation.
No. VII. Ramon Mayaman died intestate,
(4). The two (2) half-brothers will receive
leaving a net estate of P10,000,000.00.
P500,000.00 each.
Determine how much each heir will receive
from the estate:
(B). If Ramon is survived by his wife, a half-
sister, and three nephews (sons of a
(A). If Ramon is survived by his wife, three
deceased full-blood brother)? Explain. (3%)
full-blood brothers, two half-brothers, and
one nephew (the son of a deceased full-
SUGGESTED ANSWER:
blood brother)? Explain. (3%)
The wife will receive one half (1/2) of the
estate or P5,000,000.00. The other half
SUGGESTED ANSWER:
shall be inherited by (1) the full-blood
Having died intestate, the estate of
brother, represented by his three
Ramon shall be inherited by his wife and
children, and (2) the half-sister. They
his full and half blood siblings or their
will divide the other half between them
respective representatives. In intestacy,
such that the share of the half-sister is
if the wife concurs with no one but the
just half the share of the full-blood
siblings of the husband, all of them are
brother. The share of the full-blood
the intestate heirs of the deceased
brother shall in turn be inherited by the
husband. The wife will receive half of the
three nephews in equal shares by right of
intestate estate, while the siblings or
presentation.
their respective representatives, will
inherit the other half to be divided
Therefore, the three (3) nephews will
among them equally. If some siblings are
receive P1,111,111.10 each the half-
of the full-blood and the other of the half
sister will receive the sum of
blood, a half blood sibling will receive
P1,666,666.60.
half the share of a full-blood sibling.

Page 50 of 180

Intestate Succession (2008) (D). How should the house and lot, and the
cash be distributed? (1%)
No.X. Arthur executed a will which
contained only: (i) a provision disinheriting SUGGESTED ANSWER:
his daughter Bernica for running off with a
married man, and (ii) a provision disposing Since the probate of the will cannot be
of his share in the family house and lot in allowed, the rules on intestate
favor of his other children Connie and Dora. succession apply. Under Art. 996 of the
He did not make any provisions in favor of Civil Code, if a widow or widower and
his wife Erica, because as the will stated, legitimate children or descendants are
she would anyway get of the house and left, the surviving spouse has the same
lot as her conjugal share. The will was very share as of the children. Thus, ownership
brief and straightforward and both the over the house and lot will be created
above provisions were contained in page 1, among wife Erica and her children
which Arthur and his instrumental witness, Bernice, Connie and Dora. Similarly, the
signed at the bottom. Page 2 contained the amount of P 1 million will be equally
attestation clause and the signatures, at divided among them.
the bottom thereof, of the 3 instrumental

witnesses which included Lambert, the
driver of Arthur; Yoly, the family cook, and
Intestate Succession; Rights of
Attorney Zorba, the lawyer who prepared
Representation: Illegitimate, Adopted
the will. There was a 3rd page, but this only
Child; Iron Curtain Rule (2007)
contained the notarial acknowledgement.
The attestation clause stated the will was No. X. For purpose of this question, assume
signed on the same occasion by Arthur and all formalities and procedural requirements
his instrumental witnesses who all signed have been complied with.
in the presence of each other, and the
notary public who notarized the will. There In 1970, Ramon and Dessa got married.
are no marginal signatures or pagination Prior to their marriage, Ramon had a child,
appearing on any of the 3 pages. Upon his Anna. In 1971 and 1972, Ramon and Dessa
death, it was discovered that apart from the legally adopted Cherry and Michelle
house and lot, he had a P 1 million account respectively. In 1973, Dessa died while
deposited with ABC bank. giving birth to Larry Anna had a child, Lia.
Anna never married. Cherry, on the other
hand, legally adopted Shelly. Larry had

Page 51 of 180

twins, Hans and Gretel, with his girlfriend, also of the person from whom the person
Fiona. In 2005, Anna, Larry and Cherry being represented was supposed to
died in a car accident. In 2007, Ramon inherit. While Shelly is a legal heir of
died. Who may inherit from Ramon and Cherry, Shelly is not a legal heir of
who may not? Give your reason briefly. Ramon. Adoption created a purely
(10%) personal legal relation only between
Cherry and Shelly.
SUGGESTED ANSWER:
(2). Hans and Gretel are barred from
The following may inherit from Ramon: inheriting from Ramon under Art. 992,
NCC. Being illegitimate children, they
(1). Michelle, as an adopted child of
cannot inherit ab intestao from Ramon.
Ramon, will inherit as a legitimate child
of Ramon. As an adopted child, Michelle ALTERNATIVE ANSWER:
has all the rights of a legitimate child
(Sec 18, Domestic Adoption Law). The problem expressly mentioned the
dates of the adoption of Cherry and
(2). Lia will inherit in representation of Michelle as 1971 and 1972. During that
Anna. Although Lia is an illegitimate time, adoption was governed by the New
child, she is not barred by Articles 992, Civil Code. Under the New Civil Code,
because her mother Anna is an husband and wife were allowed to adopt
illegitimate herself. She will represent separately or not jointly with the other
Anna as regards Anna's legitime under spouse. And since the problem does not
Art. 902, NCC and as regards Anna's specifically and categorically state, it is
intestate share under Art. 990, NCC. possible to construe the use of the word
"respectively" in the problem as
The following may not inherit from
indicative of the situation that Cherry
Ramon:
was adopted by Ramon alone and
Michelle was adopted by Dessa alone. In
(1). Shelly, being an adopted child, she
such case of separate adoption the
cannot represent Cherry. This is because
alternative answer to the problem will be
adoption creates a personal legal relation
as follows: Only Lia will inherit from
only between the adopter and the
Ramon in representation of Ramon's
adopted. The law on representation
illegitimate daughter Anna. Although Lia
requires the representative to be a legal
is an illegitimate child, she is not barred
heir of the person he is representing and
from inheriting from Ramon because her

Page 52 of 180

mother is herself illegitimate. Shelly SUGGESTED ANSWER:

cannot inherit in representation of
A testator may dispose of by will the free
Cherry because Shelly is just an adopted
portion of his estate. Since the legitime
child of Cherry. In representation, the
of JCP is 1/8 of the estate, SGO is of
representative must not only be a legal
the estate and that of HBR and RVC is
heir of the person he is representing but
of the hereditary estate under Art 889 of
also of the decedent from whom the
the NCC, the remaining 1/8 of the estate
represented person is supposed to
is the free portion which the testator
inherit. In the case of Shelly, while she
may dispose of by will.
is a legal heir of Cherry by virtue of
adoption, she is not a legal heir of
Ramon. Adoption creates a personal
legal relation only between the adopting Legitime; Compulsory Heirs (2008)
parent and the adopted child (Teotico v.
Del Val, 13 SCRA 406, 1965. Michelle No. XII. Ernesto, an overseas Filipino
cannot inherit from Ramon, because she worker, was coming home to the Philippines
was adopted not by Ramon but by Dessa. after working for so many years in the
In the eyes of the law, she is not related Middle East. He had saved P100.000 in his
to Ramon at all. Hence, she is not a legal saving account in Manila which intended to
heir of Ramon. Hans and Gretel are not use to start a business in his home
entitled to inherit from Ramon, because country. On his flight home, Ernesto had a
they are barred by Art. 992 NCC. Being fatal heart attack. He left behind his
illegitimate children of Larry, they widowed mother, his common-law wife and
cannot inherit from the legitimate their twins sons. He left no will, no debts,
relatives of their father Larry. Ramon is no other relatives and no other properties
a legitimate relative of Larry who is the except the money in his saving account.
legitimate father. Who are the heirs entitled to inherint from
him and how much should 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?

Page 53 of 180

ascendants are left, the twin sons shall The attestation clause stated the will was
divide the inheritance with them taking signed on the same occasion by Arthur and
one-half of the estate. Thus, the widowed his instrumental witnesses who all signed
mother gets P50,000.00 while the twin in the presence of each other, and the
sons shall receive P25,000.00 each. The notary public who notarized the will. There
common-law wife cannot inherit from are no marginal signatures or pagination
him because when the law speaks "widow appearing on any of the 3 pages. Upon his
or widower" as a compulsory heir, the death, it was discovered that apart from the
law refers to a legitimate spouse (Art. house and lot, he had a P 1 million account
887, par 3, Civil Code). deposited with ABC bank.
(A). Was Erica preterited? (1%)
Preterition; Disinheritance (2008) SUGGESTED ANSWER:
No.X. Arthur executed a will which Erica cannot be preterited. Art. 854 of
contained only: (i) a provision disinheriting the Civil Code provides that only
his daughter Bernica for running off with a compulsory heirs in the direct line can
married man, and (ii) a provision disposing be preterited.
of his share in the family house and lot in
favor of his other children Connie and Dora. (B). What other defects of the will, if any,
He did not make any provisions in favor of can cause denial of probate? (2%)
his wife Erica, because as the will stated,

SUGGESTED ANSWER:
she would anyway get of the house and
lot as her conjugal share. The will was very
The other defects of the will that can
brief and straightforward and both the
cause its denial are as follows: (a) Atty.
above provisions were contained in page 1,
Zorba, the one who prepared the will was
which Arthur and his instrumental witness,
one of the three witnesses, violating the
signed at the bottom. Page 2 contained the
three-witnesses rule; (b) no marginal
attestation clause and the signatures, at
signature at the last page; (c ) the
the bottom thereof, of the 3 instrumental
attestation did not state the number of
witnesses which included Lambert, the
pages upon which the will is written;
driver of Arthur; Yoly, the family cook, and
and, (d) no pagination appearing
Attorney Zorba, the lawyer who prepared
correlatively in letters on the upper part
the will. There was a 3rd page, but this only
of the three pages (Azuela v. C.A., G.R.
contained the notarial acknowledgement.

Page 54 of 180

No. 122880, 12 Apr 2006 and cited cases (B). Between Marian and the baby, who is
therein, Art 805 and 806, Civil Code). presumed to have died ahead? (1%)
(C). Was the disinheritance valid? (1%) SUGGESTED ANSWER:
SUGGESTED ANSWER: Marian is presumed to have died ahead

of the baby. Art. 43 applies to persons
Yes, the disinheritance was valid. Art. who are called to succeed each other.
919, par 7, Civil Code provides that The proof of death must be established
"when a child or descendant leads a by positive or circumstantial evidence
dishonorable or disgraceful life, like derived from facts. It can never be
running off with a married man, there is established from mere inference. In the
sufficient cause for disinheritance." present case, it is very clear that only
Marian and Pietro were hacked with
bolos. There was no showing that the
baby was also hacked to death. The
Succession; Proof of Death between
baby's death could have been due to lack
persons called to succeed each other
of nutrition.
(2008)
ALTERNATIVE ANSWER:
No. II. At age 18, Marian found out that she
was pregnant. She insured her own life and
The baby is presumed to have died ahead
named her unborn child as her sole
of Marian. Under Par. 5, rule 131, Sec. 5
beneficiary. When she was already due to
(KK) of the Rules of Court, if one is
give birth, she and her boyfriend Pietro, the
under 15 or above 60 and the age of the
father of her unboarn child, were
other is in between 15 and 60, the latter
kidnapped in a resort in Bataan where they
is presumed to have survived. In the
were vacationing. The military gave chase
instant case, Marian was already 18
and after one week, they were found in an
when she found out that she was
abandoned hut in Cavite. Marian and Pietro
pregnant. She could be of the same age
were hacked with bolos. Marian and the
or maybe 19 years of age when she gave
baby delivered were both found dead, with
birth.
the baby's umbilical cord already cut. Pietro
survived. (C). Will Pietro, as surviving biological
father of the baby, be entitled to claim the

Page 55 of 180

proceeds of the life insurance on the life of

Marian? (2%) Marilyn is not entitled to a share in the
estate of Dr. Lopez. For purpose of
SUGGESTED ANSWER: succession, Dr. Lopez and his son
Roberto are presumed to have died at
Pietro, as the biological father of the
the same time, there being no evidence
baby, shall be entitled to claim the
to prove otherwise, and there shall be no
proceeds of life insurance of the Marian
transmission of rights from one to the
because he is a compulsory heir of his
other (Article 43, NCC). Hence, Roberto,
child.
inherited nothing from his father that
Marilyn would in turn inherit from
Roberto .The children of Roberto,
Succession; Rule on Survivorship (2009) 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-FRQGLWLRQHG URRPV 5REHUWRV 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 not involved as
FKLOGUHQ KHU KXVEDQGV VKDUH LQ WKH HVWDWH regards the insurance contract, the
OHIW E\ 'U /RSH] DQG KHU KXVEDQGV VKDUH provisions of the Rules of Court (Rule
LQWKHSURFHHGVRI'U/RSH]VOLIHLQVXUDQFH 131, Sec. 3 , [jj] [5] ) on survivorship
SROLF\ 5XOH RQ WKH YDOLGLW\ RI 0DULO\QV shall apply. Under the Rules, Dr. Lopez,
claims with reasons. (4%) who was 70 years old, is presumed to
have died ahead of Roberto who is
SUGGESTED ANSWER :
presumably between the ages 15 and 60.
Having survived the insured, Roberto's
As to the Estate of Dr. Lopez:
right as a beneficiary became vested

Page 56 of 180

upon the death of Dr. Lopez. When should be given effect must be denied.
Roberto died after Dr. Lopez, his right to The said cancellation has revoked the
receive the insurance became part of his entire will as nothing remains of the will
hereditary estate, which in turn was after the name of Rosa was cancelled.
inherited in equal shares by his legal Such cancellation is valid revocation of
heirs, namely, his spouse and children. the will and does not require
Therefore, Roberto's children and his authentication by the full signature of
spouse are entitled to Roberto's the testator to be effective.
one-third share in the insurance
+RZHYHU LI WKH FDQFHOODWLRQ RI 5RVDV
proceeds.
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.D1DWLYLGDGVKRORJUDSKLFZLOOZKLFK
had only one (1) substantial provision, as 7KH ZULWLQJ RI *UHJRULRV QDPH DV VROH
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 alteration that requires
naming Gregorio, instead of Rosa, as sole authentication by the full signature of
heir, but without authentication by the testator to be valid and effective. Not
1DWLYLGDGV VLJQDWXUH 5RVD RSSRVHV WKH having an authenticated, the designation
probate alleging such lack of proper of Gregorio as an heir was ineffective,
authentication. She claims that the (Kalaw v. Relova, G.R. No. L-40207, Sept
unaltered form of the will should be given 28, 1984).
effect. Whose claim should be granted?

Explain. (5%)
Wills; Holographic Wills; Probate (2009)

SUGGESTED ANSWER:
,W GHSHQGV ,I WKH FDQFHOODWLRQ RI 5RVDV No.VI. On December 1, 2000, Dr. Juanito
name in the will was done by the Fuentes executed a holographic will,
WHVWDWRUKLPVHOI5RVDVFODLPHGWKDWWKH wherein he gave nothing to his recognized
holographic will in its original tenor illegitimate son, Jay. Dr. Fuentes left for the

Page 57 of 180

United States, passed the New York medical court shall apply the New Civil Code in
licensure examinations, resided therein, determining the formal validity of the
and became a naturalized American citizen. holographic will. The subsequent change
He died in New York in 2007. The laws of in the citizenship of Dr. Fuentes did not
New York do not recognize holographic wills affect the law governing the validity of
or compulsory heirs. his will. Under the new Civil Code, which
was the law used by Dr. Fuentes, the law
(A). Can the holographic will of Dr. Fuentes enforced at the time of execution of the
be admitted to probate in the Philippines? will shall govern the formal validity of
Why or why not? (3%) the will (Art. 795, NCC).
SUGGESTED ANSWER: (B). Assuming that the will is probated in

Yes, the holographic will of Dr. Fuentes the Philippines, can Jay validly insist that
may be admitted to probate in the he be given his legitime? Why or why not?
Philippines because there is no public (3%)
policy violated by such probate. The only
issue at probate is the due execution of SUGGESTED ANSWER:
the will which includes the formal No, Jay cannot insist because under New
validity of the will. As regards formal York law he is not a compulsory heir
validity, the only issue the court will entitled to a legitime.
resolve at probate is whether or not the
will was executed in accordance with the The national law of the testator
form prescribed by the law observed by determines who his heirs are, the order
the testator in the execution of his will. that they succeed, how much their
For purposes of probate in the successional rights are, and whether or
Philippines, an alien testator may not a testamentary disposition in his will
observe the law of the place where the is valid (Art 16, NCC). Since, Dr. Fuentes
will was executed (Art 17, NCC), or the was a US citizen, the laws of the New
formalities of the law of the place where York determines who his heirs are. And
he resides, or according to the since the New York law does not
formalities of the law of his own country, recognize the concept of compulsory
or in accordance with the Philippine heirs, Jay is not a compulsory heir of Dr.
Civil Code (Art. 816, NCC). Since Dr. Fuentes entitled to a legitime.
Fuentes executed his will in accordance

with the Philippine law, the Philippine

Page 58 of 180

Wills; Joint Wills (2008) SUGGESTED ANSWER:
No. XI. John and Paula, British citizens at No. The testamentary dispositions are
birth, acquired Philippine citizenship by not valid because (a) omission of Mary, a
naturalization after their marriage. During legitimate child, is tantamount to
their marriage the couple acquired preterition which shall annul the
substanial landholdings in London and in institution of Peter and Paul as heirs
Makati. Paula bore John three children, (Art. 854, Civil Code); and, (b) the
Peter, Paul and Mary. In one of their trips disposition that Peter and Paul could not
to London, the couple executed a joint will dispose of nor divide the London estate
appointing each other as their heirs and for more than 20 years is void (Art. 870,
providing that upon the death of the Civil Code).
survivor between them the entire estate
would go to Peter and Paul only but the two
could not dispose of nor divide the London
Wills; Joint Wills; Probate (2012)
estate as long as they live. John and Paul
died tragically in the London Subway
No.VII.b) John Sagun and Maria Carla
terrorist attack in 2005. Peter and Paul
Camua, British citizens at birth, acquired
filed a petition for probate of their parent's
Philippine citizenship by naturalization
will before a Makati Regional Trial Court.
after their marriage. During their marriage,
the couple acquired substantial
(A). Should the will be admitted to probate?
landholdings in London and in Makati.
(2%)
Maria begot three (3) children, Jorge,
SUGGESTED ANSWER: Luisito, and Joshur. In one of their trips to

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 the testamentary dispositions subway terrorist attack in 2005. Jorge and
valid? (2%) Luisito filed a petition for probate of their
SDUHQWV ZLOO EHIRUH D 0DNDWL 5HJLRQDO 7ULDO

Page 59 of 180

Court. Joshur vehemently objected because SUGGESTED ANSWER:

he was preterited.
Assuming the will of John and Maria was
(1) Should the will be admitted to probate? valid, the testamentary prohibition on the
Explain. (2%) division of the London estate shall be valid

but only for 20 years. Under Arts 1083 and
SUGGESTED ANSWER: 494 of the NCC, a testamentary disposition
of the testator cannot forbid the partition of
No, the will should not be admitted to
all or part of the estate for a period longer
probate. Since the couples are both
than twenty (20) years.
Filipino citizens, Art 818 and 819 of the
NCC shall apply. Said articles prohibits
the execution of joint wills and make
them void, even though authorized of Wills; Prohibition to Partition of a Co-
the country where they were executed. Owned Property (2010)
(2) Are the testamentary dispositions valid? No.I. True or False.

Explain. (2%)
(B) X, a widower, died leaving a will stating
SUGGESTED ANSWER: that the house and lot where he lived
cannot be partitioned for as long as the
Since the joint will is void, all the
youngest of his four children desires to stay
testamentary disposition written therein
there. As coheirs and co-owners, the other
are also void. However, if the will is
three may demand partition anytime. (1%)
valid, the institutions of the heirs shall
be annulled because Joshur was 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

Page 60 of 180

matter what his reason maybe. Hence, (B). Act as a witness to a will? (1%)
the three co-heir cannot demand its
partition at anytime but only after 20 SUGGESTED ANSWER:
years from the death of their father.

Stevie cannot be a witness to a will. Art.
Even if the deceased parent did not
820 of the Civil Code provides that "any
leave a will, if the house and lot
person of sound mind and of the age of
constituted their family home, Article
eighteen years or more, and not blind,
159 of the Family Code prohibits its
deaf or dumb, and able to read and write,
partition for a period of ten (10) years, or
may be a witness to the execution of a
for as long as there is a minor
will.
beneficiary living in the family home.
(C). In either of the above instances, must

the will be read to him? (1%)
Wills; Notarial Wills; Blind Testator;

SUGGESTED ANSWER:
Requisites (2008)
If Stevie makes a will, the will must be

No. XIV. Stevie was born blind. He went to
read to him twice, once by one of the
school for the blind, and learned to read in
subscribing witnesses, and again, by the
Baille Language. He Speaks English
notary public before whom the will is
fluently. Can he:
acknowledged (Art. 808, Civil Code).
(A). Make a will? (1%)
SUGGESTED ANSWER:
Wills; Testamentary Disposition; Period
Assuming that he is of legal age (Art. to Prohibit Partition (2008)
797, Civil Code) and of sound mind at

No. XI. John and Paula, British citizens at
the time of execution of the will (Art.
birth, acquired Philippine citizenship by
798, Civil Code), Stevie, a blind person,
naturalization after their marriage. During
can make a notarial will, subject to
their marriage the couple acquired
compliance with the "two-reading rule"
substanial landholdings in London and in
(Art. 808, Civil Code) and the provisions
Makati. Paula bore John three children,
of Arts. 804, 805 and 806 of the Civil
Peter, Paul and Mary. In one of their trips
Code.
to London, the couple executed a joint will
appointing each other as their heirs and

Page 61 of 180

providing that upon the death of the that she can sign her full name later. While
survivor between them the entire estate the will was being signed, Roberta
would go to Peter and Paul only but the two experienced a stomach ache and kept going
could not dispose of nor divide the London to the restroom for long periods of time.
estate as long as they live. John and Paul Hannah, while waiting for her turn to sign
died tragically in the London Subway the will, was reading the 7th Harry Potter
terrorist attack in 2005. Peter and Paul book on the couch, beside the table on
filed a petition for probate of their parent's which everyone was signing. Benjamin,
will before a Makati Regional Trial Court. aside from witnessing the will, also offered
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

probate? Give your reasons briefly. (10%)
No. the testamentary prohibition against
the division of the London estate is void SUGGESTED ANSWER:
(Art. 870, Civil Code). A 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,
hence he cannot be counted as one of
Wills; Witnesses to a Will, Presence
the three witnesses (Cruz v. Villasor, 54
required; Thumbmark as Signature
SCRA 31, 1973). The testatrix and the
(2007)
other witnesses signed the will not in
the presence of Roberta because she was
No.VI. Clara, thinking of her mortality,
in the restroom for extended periods of
drafted a will and asked Roberta, Hannah,
time. Inside the restroom, Roberta could
Luisa and Benjamin to be witnesses.
not have possibly seen the testatrix and
During the day of signing of her will, Clara
the other witnesses sign the will by
fell down the stairs and broke her arms.
merely casting her eyes in the proper
Coming from the hospital, Clara insisted on
direction (Jaboneta v. Gustilo, 5 Phil
signing her will by thumb mark and said
541, 1906; Nera v. Rimando, 18 Phil

Page 62 of 180

451, 1914). Therefore, the testatrix Because the Picasso painting reminded
signed the will in the presence of only Angie of him, Brad in his will bequeathed
two witnesses, and only two witnesses the painting to Angie. Brad died in 1995.
signed the will in the presence of the Saddened by Brad's death, Jennifer asked
testatrix and of one another. for the Picasso painting as a remembrance
of him. Angie refused and claimed that
It is to be noted, however, that the Brad, in his will, bequeathed the painting to
thumb mark intended by the testator to her. Is Angie correct? Why or why not?
be his signature in executing his last will (10%)
and testament is valid (Payad v.
Tolentino, 62 Phil 848, 1936; Matias v. SUGGESTED ANSWER:
Salud, L-104 Phil 1046, 23 June, 1958).
The problem, however, states that Clara NO. Angie is not correct. The Picasso
"said that she can sign her full name painting is not given or donated by
later;" Hence, she did not consider her Jennifer to Brad. She merely "placed it
thumb mark as her "complete" signature, in his bedroom." Hence, she is still the
and intended further action on her part. owner of the painting. Not being the
The testatrix and the other witness owner of the Picasso painting, Brad
signed the will in the presence 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 by Jennifer to Brad, the
other witnesses sign by merely casting donation is nevertheless void for not
her eyes in the proper direction. being in writing. The Picasso painting
must be worth more than 5,000 pesos.
Donation
Under Art. 748, NCC, the donation and
acceptance of a movable worth more
Donations; Formalities; In Writing (2007)
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

ALTERNATIVE ANSWER:
heart, he met Angie and fell in love.

Page 63 of 180

YES. Angie is correct. Even assuming illegal and impossible donations imposed
that there was void donation because the in an onerous donation shall annul the
same was not in writing, Brad was in donation (Art. 1183, NCC). This is so,
uninterrupted possession of the Picasso because onerous donations are governed
painting from 1989 to 1995, lasting for by the law on contracts (Art. 733, NCC).
six (6) years prior to his death. Brad has
already acquired ownership of the
painting through acquisitive
Donation; Inter Vivos (2013)
prescription. Under Art. 1132, NCC,
ownership of movables prescribes
No.V. Josefa executed a deed of donation
through continuous possession for four
covering a one-hectare rice land in favor of
(4) years in good faith and for eight (8)
her daughter, Jennifer. The deed
years without need of other conditions.
specifically provides that:
A void donation may be the basis of
possession in the concept of owner and "For and in consideration of her love
of just title for purposes of acquisitive and service Jennifer has shown and
prescription. given to me, I hereby freely,
voluntarily and irrevocably donate to
her my one-hectare rice land covered
by TCT No. 11550, located in San
Donations; Illegal & Impossible
Fernando, Pampanga. This donation
Conditions (2007)
shall take effect upon my death."
No.I. Distinguish the following concepts:

The deed also contained Jennifer's signed
(B). Illegal and impossible conditions in a acceptance, and an attached notarized
simple donation v. illegal and impossible declaration by Josefa and Jennifer that the
conditions in an onerous donation. (5%) land will remain in Josefa's possession and
cannot be alienated, encumbered, sold or
SUGGESTED ANSWER: disposed of while Josefa is still alive.
Illegal and impossible conditions in a Advise Jennifer on whether the deed is a

simple donation are considered as not donation inter vivos or mortis causa and
written. Such conditions, shall therefore, explain the reasons supporting your advice.
be disregarded but the donation remains (8%)
valid (Art. 727, NCC). On the other hand,

Page 64 of 180

SUGGESTED ANSWER: same should be harmonized with its

express irrevocability (Austria-Magat v.
The donation is a donation inter vivos. CA, G.R. No. 106755, Feb 1, 2002).
When the donor intends that the ALTERNATIVE ANSWER:

donation shall take effect during the
lifetime of the donor, though the The donation is donation mortis causa.
property shall not be delivered till after
WKH GRQRUV GHDWK WKLV VKDOO EH D The deed clearly states that the
donation inter vivos (Art. 729, Civil donation shall take effect upon the
Code). death of the donor, Josefa. The donor,

moreover, retained ownership of the
The Civil Code prefers inter vivos subject property as it was declared that
transmissions. Moreover, mortis causa the property cannot be alienated,
donations should follow the formalities encumbered, sold or disposed of while
of a will (Art. 728, Civil Code). Here there the donor is still alive.
is no showing that such formalities were
followed. Thus, it is favorable to Jennifer As the donation is in the nature of a
that the deed is a donation inter vivos. mortis causa disposition, the formalities
of a will should have been complied with
Furthermore, what is most significant in under Art. 728 of the Civil Code,
determining the type of donation is the otherwise, the donation is void and
absence of stipulation that the donor would produce no effect (The National
could revoke the donation; on the Treasure of the Philippines v. Vda. de
contrary, the deeds expressly declare Meimban, G.R. No. L-61023, Aug 22,
WKHP WR EH LUUHYRFDEOH D TXDOLW\ 1984).
absolutely incompatible with the idea of
conveyances mortis causa where Property
revocability is the essence of the act, to
the extent that a testator cannot Accretion; Alluvium (2008)
lawfully waive or restrict his right of
revocation. The provisions of the deed of No. IX. The properties of Jessica and Jenny,
donation which state that the same will who are neighbors, lie along the banks of
only take effect upon the death of the the Marikina River. At certain times of the
donor and that there is a prohibition to year, the river would swell and as the water
alienate, encumber, dispose, or sell the recedes, soil, rocks and other materials are

Page 65 of 180

deposited on Jessica's and Jenny's land but is also the consequences of the
properties. This pattern of the river direct and deliberate intervention of
swelling, receding and depositing soil and man, it is man-made accretion and a
other materials being deposited on the part of the public domain (Tiongco v.
neighbors' properties have gone on for Director of Lands, 16 C.A. Rep 211, cited
many years. Knowing his pattern, Jessica in Nazareno v. C.A., G.R. No. 98045, 26
constructed a concrete barrier about 2 June 1996). Thus, Jessica cannot legally
meters from her property line and claim ownership of the additional 2
extending towards the river, so that when meters of land along her property
the water recedes, soil and other materials because she constructed a concrete
are trapped within this barrier. After several barrier about 2 meters from her property
years, the area between Jessica's property causing deposits of soil and other
line to the concrete barrier was completely materials when the water recedes. In
filled with soil, effectively increasing other words, the increase in her property
Jessica's property by 2 meters. Jenny's was not caused by nature but was man-
property, where no barrier was constructed, made.
also increased by one meter along the side
of the river. (B). If Jessica's and Jenny's properties are
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 benefit of such
Only Jenny can claim ownership over registration does not extend to the
the additional one meter of land increased area of their properties.
deposited along her property. Art. 457 of Accretion does not automatically
the Civil Code provides that "to the become registered land because there is
owners of lands adjoining the banks of a specific technical description of the lot
river belong the accretion which they in its Torrens title. There must be a
gradually receive from the effects of the separate application for registration of
current of the water." Where the land is the alluvial deposits under the Torrens
not formed solely by the natural effect of System (Grande v. CA, G.R. No. L-17652,
the water current of the river bordering 30 June, 1962).

Page 66 of 180

(C). Assume the two properties are on a cliff Ulpiano built three huts on this additional
adjoining the shore of Laguna Lake. Jessica area, where he and his two married
and Jenny had a hotel built on the children live. On this same area, Ulpiano
properties. They had the erath and rocks and his family planted peanuts, monggo
excavated from the properties dumped on beans and vegetables. Ulpiano also
the adjoining shore, giving rise to a new regularly paid taxes on the land, as shown
patch of dry land. Can they validly lay claim by tax declarations, for over thirty years.
to the patch of land? (2%)
When Marciano learned of the increase in
SUGGESTED ANSWER: the size of the land, he ordered Ulpiano to
demolish the huts, and demanded that he
No. Jessica and Jenny cannot validly lay be paid his share in the proceeds of the
claim to the patch of land because in harvest. Marciano claims that under the
order to acquire land by accretion, there Civil Code, the alluvium belongs to him as a
should be a natural and actual registered riparian owner to whose land the
continuity of the accretion to the land of accretion attaches, and that his right is
the riparian owner caused by natural ebb enforceable against the whole world.
and flow of the current of the river
(Delgado v. Samonte, CA-G.R. No. 34979- (A). Is Marciano correct? Explain. (3%)
R, 10 Aug 1966).
SUGGESTED ANSWER:
0DUFLDQRV FRQWHQWLRQ LV FRUUHFW 6LQFH
that accretion was deposited on his land
Accretion; Rights of the Riparian Owner by the action of the waters of the river
(2009) and he did not construct any structure
to increase the deposition of soil and
No.XVI. Marciano is the owner of a parcel of
silt, Marciano automatically owns the
land through which a river runs out into
accretion. His real right of ownership is
the sea. The land had been brought under
enforceable against the whole world
the Torrens System, and is cultivated by
including Ulpiano and his two married
Ulpiano and his family as farmworkers
FKLOGUHQ $OWKRXJK 0DUFLDQRV ODQG LV
therein. Over the years, the river has
registered, the three (3) hectares land
brought silt and sediment from its sources
deposited through accretion was not
up in the mountains and forests so that
automatically registered. As an
gradually the land owned by Marciano
unregistered land, it is subject to
increased in area by three hectares.
acquisitive prescription by third persons.

Page 67 of 180

production, gathering and preservation

Although Ulpiano and his children live in of the fruits (Art 443, NCC).
the three (3) hectare unregistered land
owned by Marciano, they are farm He may also ask for reimbursement of
workers; therefore, they are possessors the taxes he has paid, as these are
not in the concept of owners but in the charges on the land owned by Marciano.
concept of mere holders. Even if they This obligation is based on a quasi-
possess the land for more than 30 years, contract (Art 2175, NCC).
they cannot become the owners thereof
through extraordinary acquisitive
prescription, because the law requires
Builder; Good Faith; Requisites (2013)
possession in the concept of the owner.
Payment of taxes and tax declaration are
No.VIII. Ciriaco Realty Corporation (CRC)
not enough to make their possession one
sold to the spouses Del a Cruz a500-square
in the concept of owner. They must
meter land (Lot A) in Paranaque. The land
repudiate the possession in the concept
now has a fair market value of Pl,200,000.
of holder by executing unequivocal acts
CRC likewise sold to the spouses Rodriguez,
of repudiation amounting to ouster of
a 700-square meter land (Lot B) which is
Marciano, known to Marciano and must
adjacent to Lot A. Lot B has a present fair
be proven by clear and convincing
market value of P1,500,000.
evidence. Only then would his
possession become adverse. The spouses Dela Cruz constructed a house
on Lot B, relying on their presentation of
(B). What rights, if any, does Ulpiano have
the CRC sales agent that it is the property
against Marciano? Explain. (3%)
they purchased. Only upon the completion
of their house did the spouses Dela Cruz
SUGGESTED ANSWER:
discovered that they had built on Lot B
Although Ulpiano is a possessor in bad
owned by the spouses Rodriguez, not on Lot
faith, because he knew he does not own
A that they purchased. They spent P 1
the land, he will lose the three huts he
000,000 for the house.
built in bad faith and make an
accounting of the fruits he has gathered,
As their lawyer, advise the spouses Dela
he has the right to deduct from the
Cruz on their rights and obligations under
value of the fruits the expenses for
the given circumstances, and the recourses

Page 68 of 180

and options open to them to protect their However, the builder cannot be obliged
interests. (8%) to buy the land if its value is
considerable more than that of the
SUGGESTED ANSWER: building.. In such case, he shall pay
reasonable rent of the owner of the land
Based on the fact as stated, the spouses
does not choose to appropriate the
Dela Cruz as builders and the spouses
building or trees after proper indemnity
Rodriguez as land owners, are both in
(Art 448, Civil Code).
good faith. The spouses Dela Cruz are
builder in good faith because before The house constructed by the spouses
constructing the house they exercised Dela Cruz is considered as a useful
due diligence by asking the Agent of CRC expense, since it increased the value of
the location of the lot A, and they relied the lot. As such, should the spouses
on the information given by the agent Rodriguez decides to appropriate the
who is presumed to know the identity of house, the spouses Dela Cruz are
the lot purchased by the Dela Cruz entitled to the right of retention pending
spouses (Pleasantville v. CA, 253 SCRA reimbursement of the expenses they
10, 1996). On the other hand, there is no incurred or the increase in value which
showing that the land owners, spouse the thing may have acquired by reason
Rodriguez acted in bad faith. The facts of the improvement (Art 546, Civil
do not show that the building was done Code). Thus, the spouses Dela Cruz may
with their knowledge and without demand P1,000,000.00 as payment of
opposition on their part (Art 453, Civil the expenses in building the house or
Code). The good faith is always presumed increase in value of the land because of
(Art. 527, Civil Code). the house as a useful improvement, as
may be determined by the court form
The owner of the land on which anything
the evidence presented during the trial
has been built, sown, or planted in good
(Depra v. Dumlao, 136 SCRA 475, 1985;
faith shall have the right:
Technogas Phils v. CA, 268 SCRA 5,
1997).
(1) to appropriate as his own the works
after payment of the indemnity provided
for in Art 546 and 548, or
(2) to oblige the one who built to pay the

price of the land.

Page 69 of 180

Easement; Prescription; Acquisitive In 2006, Brand0 fenced off his property,

Prescription (2009) thereby blocking Andres' access to the
national highway. Andres demanded that
No. XI. TRUE or FALSE. Answer TRUE if part of the fence be removed to maintain
the statement is true, or FALSE if the his old access route to the highway
statement is false. Explain your answer in (pathway A), but Brando refused, claiming
not more than two (2) sentences. that there was another available pathway
(pathway B) for ingress and egress to the
(C). Acquisitive prescription of a negative
highway. Andres countered that pathway B
easement runs from the time the owner of
has defects, is circuitous, and is extremely
the dominant estate forbids, in a notarized
inconvenient to use.
document, the owner of the servient estate
from executing an act which would be To settle their dispute, Andres and Brando
lawful without the easement. (1%) hired Damian, a geodetic and civil engineer,
to survey and examine the two pathways
SUGGESTED ANSWER:
and the surrounding areas, and to
True. In negative easements, acquisitive
determine the shortest and the least
prescription runs from the moment the
prejudicial way through the servient
owner of the dominant estate forbade, by
estates. After the survey, the engineer
an instrument acknowledged before
concluded that pathway B is the longer
notary public, the owner of the servient
route and will need improvements and
estate from executing an act which
repairs, but will not significantly affect the
would be lawful without the easement
use of Brando's property. On the other
(Art. 621, NCC).
hand, pathway A that had long been in
place, is the shorter route but would
significantly affect the use of Brando's
Easement; Right of Way (2013) property.
No.VII.In 2005, Andres built a residential In light of the engineer's findings and the
house on a lot whose only access to the circumstances of the case, resolve the
national highway was a pathway crossing parties' right of way dispute. (6%)
Brando's property. Andres and others have

SUGGESTED ANSWER:
been using this pathway (pathway A) since
1980.

Page 70 of 180

Andres is not entitled to the easement of (Pathway B). Second, the right of way
right of way for Pathway A. Pathway B obtained (Pathway A) is not the least
must be used. SUHMXGLFLDO WR %UDQGRV SURSHUW\ DV
evidence by the reports of the geodetic
The owner of a dominant estate may and civil engineer.
validly obtain a compulsory right of way
only after he has established the When there is already an existing
existence of four requisites, to wit: adequate outlet from the 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, the need to open up
adequate outlet to a public highway; another servitude is entirely unjustified
(Costabella Corporation v. CA, G.R. No.
(2) After payment of the proper
80511, Jan 25, 1991). The rule that the
indemnity;
easement of right of way shall be
established at the point least prejudicial
(3) The isolation was not due to the
to the servient estate is controlling
SURSULHWRUVRZQDFWVDQG
(Quimen v. Quimen and CA, G.R. No.
(4) The right of way claimed is at a point 112331, May 29, 1996).
least prejudicial to the servient estate,

(Note: It is not clear from the problem if there
and insofar as consistent with this rule,
exists an easement in favor of the lot
where the distance from the dominant
belonging to Andres and if BranGRV ORW LV
estate to the public highway maybe the
burdened as a servient estate by a right of
shortest (Art 650, civil Code).
way as a servient estate. If there is such an
However, the Supreme Court has HDVHPHQW EXUGHQLQJ %UDQGRV ORW ZDV LW
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. HDVHPHQW WKURXJK %UDQGRV ORW E\ SURYLQJ

the four requisites required by Art 649 and
The first and fourth requisites are not 65, Civil Code).
complied with. First, there is another
available outlet to the national highway

Page 71 of 180

Easement; Right of Way (2010) easement or servitude, even if the deed

of sale is silent on the matter.
No.XIII. Franz was the owner of Lot E which
was surrounded by four (4) lots one of (3) The vendee of the property in which a
which Lot C he also owned. He promised servitude or easement exists cannot
Ava that if she bought Lot E, he would give close or put obstructions thereon to
her a right of way in Lot C. prevent the dominant estate from using
it.
Convinced, Ava bought Lot E and, as
promised, Franz gave her a right of way in
$YDV ZRUNLQJ DEURDG IRU PRUH WKDQ
Lot C.
ten (10) years should not be construed as
non-user, because it cannot be implied
Ava cultivated Lot E and used the right of
from the fact that she or those she left
way granted by Franz.
behind to cultivate the lot no longer use
Ava later found gainful employment abroad. the right of way.
On her return after more than 10 years, the

right of way was no longer available to her Note: Since a right of way is a
because Franz had in the meantime sold discontinuous easement, the period of
Lot C to Julia who had it fenced. ten years of non-user, shall be computed
from the day it ceased to be used under
(A). Does Ava have a right to demand from Act 6341 (2) CC.
Julia the activation of her right of way?
(5) Renunciation or waiver of an
Explain. (2.5%)
easement must be specific, clear,
SUGGESTED ANSWER: express and made in a public instrument

in accordance of Art 1358 of the New
Yes. Ava has the right to demand from Civil Code.
Julia the activation of the right of way, ALTERNATIVE ANSWER:
for the following reasons:
Yes. Ava has the right to demand from
(1) The easement of the right of way is a Julia the activation of the right of way.
real right which attaches to, and is A voluntary easement of right of way,
inseperable from, the estate to which it like any other contract, could be
belongs. extinguished only by mutual agreement
or by renunciation of the owner of the
(2) The sale of the property includes the dominant estate. Also, like any other

Page 72 of 180

contract, an easement is generally her in lot C if Ava purchase lot E. The

effective between parties, their heirs and promise was not reduced to writing (Obra
assignees, except in case where the v. Baldria, 529 SCRA 621 [2007]). Hence,
rights and obligations arising from the it was not or could not have been
contract are not transmissible by their registered as to warn buyers of lot C
nature, or by stipulations or by provision about the existence of the easement on
of law (Unisource Commercial v. Chung, the property. Not having been annotated
593 SCRA 530 [2009]). on the TCT to lot C, the buyer acquired
lot C free from such right of way granted
(B). Assuming Ava opts to demand a right of to Ava.
way from any of the owners of Lots A, B,
and D, can she do that? Explain. (2.5%)
SUGGESTED ANSWER: Hidden Treasure (2008)
Yes. Ava has the option to demand a No. VIII. Adam, a building contractor, was
right of way on any of the remaining lots engaged by Blas to construct a house on a
of Franz more so after Franz sold lot C to lot which he (Blas) owns. While digging on
Julia. The essential elements of a legal the lot in order to lay down the foudation of
right of way under Art 649 and 650 of the house, Adam hit a very hard object. It
the New Civil Code are complied with. turned out to be the vault of the old Banco
de las Islas Filipinas. Using a detonation
ALTERNATIVE ANSWER:
device, Adam was able to open the vault
Yes. Ava has the option to demand a containing old notes and coins which were
right of way from the other lots. The law in circulation during the Spanish era. While
provides that whenever a piece of land the notes and coins are no longer legal
acquired by sale, exchange or partition is tender, they were valued at P100 million
surrounded by other estates of the because of their historical value and the
vendor, exchanger, or co-owner, he shall coins silver nickel content. The following
be obliged to grant a right of way filed legal claims over the notes and coins:
without indemnity (Art 652, NCC).
(i). Adam, as finder;
ALTERNATIVE ANSWER:
(ii). Blas, as owner of the property where
No. There was merely a promise to Ava
they were found;
that a right of way shall be granted to

Page 73 of 180

(iii). Bank of the Philippine Islands, as present case, Adam, as finder, and Blas,
successor-in-interest of the owner of the as owner of the land, are entitled to
vault; and share 50-50 in the treasure. The
government can only claim if it can
(iv). The Philippine Government because of establish that the notes and coins are of
their historical value. interest to science or the arts, then it
must pay just price of the things found,
(A). Who owns the notes and coins? (4%)
to be divided equally between Adam and
Blas (Art. 438, Civil Code).
SUGGESTED ANSWER:
(B). Assuming that either or both Adam and

The notes and coins are no longer owned
Blas are adjudged as owners, will the notes
by the Bank of the Philippine Islands,
and coins be deemed part of their absolute
which has either lost or abandoned the
community or conjugal partnership of gains
vault and its contents, and it has not
with their respective spouses? (2%)
taken any effort to search, locate or
recover the vault. In any case, since the
SUGGESTED ANSWER:
vault is in actual possession of Adam,
BPI may attempt, in a judicial action to If either or both Adam and Blas are
recover, to rebut the presumption of adjudged as owners, the notes and coins
ownership in favor of Adam and Blas shall be deemed part of their absolute
(Art. 433, Civil Code). Hidden treasure is community or conjugal partnership of
any hidden and unknown deposit of gains with their respective spouses (Art.
money, jewelry, or other precious 117, par 4, FC).
objects, the lawful ownership of which
does not appear. Given the age and
importance of the items found, it would
be safe to consider the vault, notes and Mortgage; Public or Private Instrument
coins abandoned by BPI and its (2013)
predecessor (Art. 439, Civil Code). It

No.VI. Lito obtained a loan of P1,000,000
belongs to the owner of the land on
from Ferdie, payable within one year. To
which it is found. When the discovery is
secure payment, Lito executed a chattel
made on the property of another, or of
mortgage on a Toyota Avanza and a real
the State and by chance, one-half of it
estate mortgage on a 200-square meter
shall belong to the finder who is not a
piece of property.
trespasser (Art. 438, Civil Code). In the

Page 74 of 180

(A) Would it be legally significant - from the exceeds Five Hundred pesos (P500.00)
point of view of validity and enforceability - must appear in writing, even in private
if the loan and the mortgages were in public one. However, the requirement is not for
or private instruments? (6%) validity of the contract, but only for its
greater efficacy.
SUGGESTED ANSWER:
With regard to the chattel mortgage, Art.
From the point of view of validity and 1508, the Chattel Mortgage Law,
enforceability, there would be legal requires an affidavit of good faith stating
significance if the mortgage was in a that the chattel mortgage is supposed to
public or private instrument. As for the stand as security of the loan; thus, for
loan, there is no legal significance the validity of the chattel mortgage, it
except of interest were charged on the must be in a public document and
loan, in which case, the charging of recorded in the Chattel Mortgage
interest must be in writing. Register in the Register of Deeds. A real
estate mortgage, under the provisions of
A contract of loan is a real contract and
Art. 2125 of the Civil Code, requires that
is perfected upon delivery of the object
in order that a mortgage may be validly
of the obligation (Art 1934, Civil Code).
constituted the document in which it
Thus, a contract of loan is valid and
appears be recorded. If the instrument is
enforceable even if it is neither in a
not recorded, the mortgage is
private nor in a public document.
nevertheless valid and binding between
the parties. Hence, for validity of both
As a rule, contracts shall be obligatory in
chattel and real estate mortgages, they
whatever form they may have been
must appear in a public instrument. But
entered into provided all the essential
the purpose of enforceability, it is
requisites for their validity are present.
submitted that the form of the contract,
With regards to its enforceability, a
whether in a public or private document,
contact of loan is not among those
would be immaterial (Mobil Oil v.
enumerated under Art. 1403 (2) of the
Diocaresa, 29 SCRA 656, 1969).
Civil Code, which are covered by the
Statute of Frauds.
Also, under Art 1358, acts and contracts
which have for their object the creation
It is important to note that under Art.
or transmission of real rights over
1358 of the Civil Code, all the other
immovable property must be in a public
contracts where the amount involved

Page 75 of 180

document for greater efficacy and a real right. Possession may be the real right of
estate mortgage is a real right over possession or jus possessiones or it can
immovable property. be merely the right to possess or jus
possedendi, which are among the basic
rights of ownership. If the real right of
possession is possession in the concept
Occupation vs. Possession (2007)
of owner, but subject to certain
limitations, it may ripen into full
No.I. Distinguish the following concepts:
ownership of the thing or property right
(A). Occupation v. possession. (5%) through acquisitive prescription

depending on whether it is a case of
SUGGESTED ANSWER: ordinary or extraordinary prescription
and whether the property is movable or
Occupation is an original mode of immovable.
acquiring ownership (Art. 712, NCC).
Things appropriable by nature which are
without an owner, such as animals that Ownership; Co-Ownership (2009)
are the object of hunting and fishing,
hidden treasure and abandoned 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 of the property
things which have no owner, with the constitutes dacion en pago. (1%)
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 taxes and expenses for the
holding of the thing or an enjoyment of a preservation of the co-owned property.

Page 76 of 180

In effect, there is dacion en pago SUGGESTED ANSWER:

because the co-owner is discharging his
monetary obligation by paying it with Yes, Cathy can lawfully ask for the
his non-monetary interest in the co- demolition of Bobby's house. Where
owned property. The fact that he is there are two or more heirs, the whole
giving up his entire interest simply estate of the decedent, is, before
means that he is accepting the value of partition, owned in common by such
his interest as equivalent to his share in heirs, subject to the payment of debts of
the taxes and expenses of preservation. the deceased (Art. 1078, Civil Code),
Under the rules on co-ownership, "none
of the co-owners shall, without the
Ownership; Co-Ownership (2008) 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 or ownership such as
allowed Bobby, the eldest son who was construction of a house." In the present
about to get married, to construct his case, of Alex is the real owner of the
house on of the lot, without however undeveloped and untitled lot in Taguig,
obtaining the consent of his siblings. After co-ownership is created among his wife
settlement of Alex's estate and partition and four children over said property
among the heirs, it was discovered that upon his death. Since the construction
Bobby's house was constructed on the of the house by Bobby was done without
portion allocated to his sister, Cathy asked obtaining the consent of his siblings, the
Bobby to demolish his house and vacate alteration effected is illegal. Bobby is
the portion alloted to her. In leiu of considered to be in bad faith and as a
demolition, Bobby offered to purchase from sanction for his conduct, he can be
Cathy the lot portion on which his house compelled by Cathy to demolish or
was constructed. At that time, the house remove the structure at his own
constructed was valued at P350.000. expense.
(A). Can Cathy lawfully ask for demolition of (B). Can Bobby legally insist on purchasing
Bobby's house? (3%) the land? (2%)

Page 77 of 180

SUGGESTED ANSWER: nature and object to remain at a fixed

place on a river, lake or coast." Since the
No. Bobby cannot legally insist on floating platform is a petroleum
purchasing the land. Being in bad faith, operation facility, it is intended to
he has no option to pay for the price of remain permanently where it is situated,
the lot (Art. 450, Civil Code). even if it is tethered to a ship which is
anchored to the seabed.
ALTERNATIVE ANSWER:
Property; Movable or Immovable (2007)
The platform is a movable property
No.II. Manila Petroleum Co. owned and because it is attached to a movable
operated a petroleum operation facility off property, i.e. the vessel which was
the coast of Manila. The facility was located merely anchored to the seabed. The fact
on a floating platform made of wood and that the vessel is merely anchored to the
metal, upon which was permanently sea bed only shows that it is not
attached the heavy equipment for the intended to remain at a fixed place;
petroleum operations and living quarters of hence, it remains a movable property. If
the crew. The floating platform likewise the intention was to make the platform
contained a garden area, where trees, stay permanent where it was moored, it
plants and flowers were planted. The would not have been simply tethered to
platform was tethered to a ship, the MV a vessel but itself anchored to the
101, which was anchored to the seabed. seabed.
Please briefly give the reason for your (B). Are the equipment and living quarters
answers. (10%) movable or immovable property?
(A).Is the platform movable or immovable SUGGESTED ANSWER:

property?
The thing and living quarters of the crew
SUGGESTED ANSWER: are immovable property under Art. 415
(3) NCC, classifies as an immovable
The platform is an immovable property
"everything attached to an immovable in
under Art. 415 (9) NCC, which provides
a fixed manner, in such a way that it
that "docks and structures which,
cannot be separated therefrom without
though floating, are intended by their
breaking the material or deterioration of

Page 78 of 180

the object." Both the equipment and the The trees, plants and flowers planted in
living quarters are permanently attached the garden area of the platform are
to the platform which is also an immovable property under Art. 415 (2)
immovable. The equipment can also be NCC which classifies as an immovable
classified as an immovable property property "trees, plants and growing
under Art. 415 (5) NCC because such fruits, while they are attached to the
equipment are "machinery, receptacles, land or form an integral part of an
instruments or implements intended by immovable, the petroleum operation
the owner of the tenement for an facility.
industry or works which may be carried
on in a building or on a piece of land and ALTERNATIVE ANSWER:
which tend directly to meet the needs of

The trees, plants and flowers planted in
the industry or works." It is logically
the garden area of the platform are
assumed that the petroleum industry
movable property because they are not
may be carried on in a building or on a
permanently attached t the land and do
piece of land and the platform is
not form an integral part of an
analogous to a building.
immovable. The platform is not an
ALTERNATIVE ANSWER: immovable property for the same reason

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 Acquisition of Lands; Sale of Real
movable property since it was merely 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; hence, it remains a movable Chua Chung Chun, a Chinese citizen, a
property. parcel of land in Binondo. Chua died in

1990, leaving behind his wife and three
(C). Are the trees, plants and flowers children, one of whom, Julian, is a
immovable or movable property? naturalized Filipino citizen. Six years after
&KXDV GHDWK WKH KHLUV H[HFXWHG DQ
SUGGESTED ANSWER: extrajudicial settlement of estate, and the
parcel of land was allocated to Julian. In

Page 79 of 180

2007, Luciano filed suit to recover the land Non-Registrable Properties (2007)
he sold to Chua, alleging that the sale was
void because it contravened the No.IV. (B). What properties are not
Constitution which prohibits the sale of registrable? (5%)
private lands to aliens. Julian moved to

Supply this information.
dismiss the suit on grounds of pari
delicto, laches and acquisitive prescription.
SUGGESTED ANSWER:
Decide the case with reasons. (4%)
The following properties are not

SUGGESTED ANSWER:
registrable:
The case must be dismissed. Julian, who

(1.) Properties of the Public dominion;
is a naturialized Filipino citizen and to
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 lands of the public
-XOLDQV DOLHQ IDWKHU KDV DOUHDG\ EHHQ domain;
cured by its transfer to Julian. It has
been validated by the transfer of the (4.) Military installations, civil and quasi-
property to a Filipino citizen. Hence, public lands; and
there is no more violation of the

(5.) All lands not classified as alienable
Constitution because the subject real
and disposable.
property is now owned by a Filipino
citizen (Halili v. CA, 287 SCRA 465,
ALTERNATIVE ANSWER:
[1998]). Further, after the lapse of 35
year, laches has set in and the motion to (1). Properties of public dominium
dismiss may be granted, for the failure of intended for public use, like roads,
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
private appropriation, much less
registration (Art. 420 NCC). This includes
public markets, public plazas, municipal
streets and public buildings

Page 80 of 180

(Municipality of Antipolo v. Zapanta, 133 (7.) Lands reclaimed by the government

SCRA 820, 1986; Martinez v. CA, 56 from the sea, lakes, or other bodies of
SCRA 647, 1974; Navera v. Quicho, 5 water are disposed or acquisible only by
SCRA 454, 1962). lease and not otherwise, under the
Public Land Act.
(2.) Lands proclaimed or classified as
forest, timberlands, mineral lands and
national parks. Under Sec 2, Art XII,
Constitution of the Philippines, these Prescription; Acquisitive Prescription
lands are inalienable. (2008)
(3.) Lands that are reserved by law or No. VII. Anthony bought a piece of untitled
Presidential proclamation for military, agricultural land from Bert. Bert, in turn,
civic or quasi-public purpose, Under Sec acquired the property by forging carlo's
88, Chapter XII of the Public Land Act, signature in a deed of sale over the
such lands shall be inalienable and shall property. Carlo had been in possession of
not be subject to occupation, entry, sale, the property for 8 years, declared it for tax
lease or other disposition. purposes, and religiously paid all taxes due
on the property. Anthony is not aware of
(4.) In general, all lands of the public the defect in Bert's title, but has been in
domain that has not been classified as actual physical possession of the property
alienable and disposable under the Public from the time he bought it from Bert, who
Land Act. had never been in possession of the
property for one year.
(5.) Lands that form part of the seabed,
riverbed or lakebed. These lands are not (A). Can Anthony acquire ownership of the
susceptible to private appropriation. property by acquisitive prescription? How
many more years does he have possess it to
(6.) Foreshore lands is that strip of land acquire ownership? (2%)
that lies between the high and low water
marks and alternately wet and dry SUGGESTED ANSWER:
according to the flow of the tide belong
to the public domain, and can only be Yes, Anthony can acquire ownership of
acquired by lease if not needed by the the property through acquisitive
government for public or quasi-public prescription. In the present case,
purposes. Anthony is a buyer/possessor in good

Page 81 of 180

faith because he was not aware of the shall have a right to a part of the
defect in Bert's title (Art. 526, Civil expenses of cultivation, and to a part of
Code). As such, Anthony can acquire the net harvest of the standing crops,
ownership and other real rights over both in proportion to the time of the
immovable property through open, possession (Art 545, Civil Code).
continuous possession of 10 years (Art.
1134, Civil Code). Anthony needs nine
(9) more years of possession, in addition
Prescription; Judicially Foreclosed Real
to his one (1) year of possession in good
Property Mortgage (2012)
faith.
No.IX.a) Does the right to request for the

(B).If Carlo is able to legally recover his
issuance of a writ of possession over a
property, can he require Anthony to
foreclosed real property prescribe in five (5)
account for all the fruits he has harvested
years? (5%)
from the property while in possession? (2%)
SUGGESTED ANSWER:
SUGGESTED ANSWER:
Yes, it prescribes in five (5) years. If the

If Carlo is able to legally recover his
real property mortgaged is judicially
property, he cannot require Anthony to
foreclosed, the action for judicial
account for all the fruits harvested from
foreclosure should be filed within a
the property. Anthony is entitled to the
period of ten (10) years. The request for
fruits harvested in good faith before his
issuance of a writ of possession should
possession was legally interrupted (Art.
be filed upon motion of the winning
544, Civil Code).
bidder within five (5) years after the
judgment of foreclosure. The writ of
(C).If there are standing crops on the
possession is an order commanding the
property when Carlo recovers possession,
sheriff to place a person named therein
can Carlo appropriate them? (2%)
in possession of real property (BPI v.
SUGGESTED ANSWER: Icot. G.R. No. 168081, Oct 12, 2009).
Yes, Carlos can appropriate only a

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

Page 82 of 180

Purchaser in Good Faith; Mortgaged of Deeds under Act. 3344 and obtained a
Property (2008) tax declaration in its name.
No. XIX. Juliet offered to sell her house and (A). Was Dehlma a purchaser in good faith?
lot, together with all the furniture and (2%)
appliances therein to Dehlma. Before
agreeing to purchase the property, Dehlma SUGGESTED ANSWER:
went to the Register of Deeds to verify

Yes, Dehlma is a purchaser in good faith.
Juliet's title. She discovered that while the
In the present case, before Dehlma
property was registered in Juliet's name
bought the property, she went to the
under the Land Registration Act, as
Register of Deeds to verify Juliet's title.
amended by the Property Registration
When she discovered that the property
Decree, it property, Dehlma told Juliet to
was mortgaged to Elaine, she gave an
redeem the property from Elaine, and gave
advance payment so that Juliet could
her an advance payment to be used for
release the mortgage. It was only after
purposes of realesing the mortgage on the
the mortgage was released and free from
property. When the mortgage was released,
the claims of other persons that Dehlma
Juliet executed a Deed of Absolute Sale
bought the property. Thus, Dehlma is a
over the property which was duly registered
purchaser in good faith (Mathay v. CA,
with the Registry of Deeds, and a new TCT
G.R. No. 115788, 17 Sept, 1998).
was issued in Dehlma's name. Dehlma
immediately took possession over the house
(B). Who as between Dehlma and XYZ Bank
and lot and the movables therein.
has a better right to the house and lot? (2%)
Thereafter, Dehlma went to theAssessor's
Office to get a new tax declaration under SUGGESTED ANSWER:
her name. She was surprised to find out
that the property was already declared for Between Dehlma and XYZ Bank, Dehlma
tax purposes in the name of XYZ Bank has a better right to the house and lot.
which had foreclosed the mortgage on the After the release of the mortgage, the
property before it was sold to her. XYZ Deed of Absolute Sale was registered and
Bank was also the purchaser in the a new title was issued in Dehlma's name.
foreclosure sale of the property. At that Act 3344 is applicable exclusively to
time, the property was still unregistered but instruments resulting from agreement of
XYZ Bank registered the Sheriff's Deed of parties thereto and does not apply to
Conveyance in the day book of the Register deeds of a sheriff conveying to a

Page 83 of 180

purchaser unregistered lands sold to him land registration and acquisition of title to
under execution (Williams v. Suer, 49 land. The manual should include the
Phil. ,534). following items:
(C). Who owns the movables inside the (A). What is the governing law? (5%)
house? (2%)
SUGGESTED ANSWER:
SUGGESTED ANSWER:
The governing law is the Land
Dehlma owns the movables because Registration Act as amended by Property
when she acquired the house and lot Registration Decree (Act 496 as amended
from Juliet, all the furniture and by PD 1529).
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. Bedrock Land & Property In general, the governing law relating to
Development Corp. is a development registration and acquisition of title to
company engaged in developing and selling land is Act 496 of 1902 as amended by
subdivisions, condominium units and PD 1529, otherwise known as Property
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.) Chapter III-I governs original
who roam all over the Philippines to look for registration of land title under the
and conduct investigations on prospective Torrens System by voluntary ordinary
sites for acquisition and development, judicial proceedings.
whether developed, semi-developed or raw

(2.) Chapter II-II governs compulsory
land. The management of Bedrock asks you
registration of lands through cadastral
as the company counsel to prepare a
proceedings.
manual containing a summary of the
pertinent laws and regulations relating to

Page 84 of 180

(3.) Section 103 governs registration of (c) Replacement of lost or destroyed

homestead, sales, free patent under CA owner's duplicate certificate of title.
No. 141, as amended, otherwise known
as the Public Land Act. (9.) R.A. No. 26 governs judicial
reconstitution of lost or destroyed
(4.) Section 104 governs registration of originals of the certificate of title.
certificates of land transfers,
emancipation patents and Certificates of (10.) R.A. No. 6732 governs
Land Ownership Award (CLOA) under administrative reconstitution of lost or
Comprehensive Land Reform Law. destroyed original certificates of title.
(5.) Chapter V governs the registration of (11.) Section 113 governs the
land dealings on registered land like registration of instruments affecting
conveyances, transfers, mortgages, unregistered private lands.
leases, powers of attorney, trusts and

(12.) Section 117 governs "consultas,"
similar contracts inter vivos.
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,
Registration; Party Who First took
orders and partitions, condemnation in
Possession (2013)
eminent domain proceedings, judicial
and extra-judicial settlement of estates. No.IX.Rica petitioned for the annulment of
her ten-year old marriage to Richard.
(8.) Sections 107, 108 and 109 govern
Richard hired Atty. Cruz to represent him
petitions and actions after original
in the proceedings. In payment for Atty.
registration like: (a).Compulsory
Cruz's acceptance and legal fees, Richard
surrender of withheld owner's duplicate
conveyed to Atty. Cruz a parcel of land in
certificate of title;
Taguig that he recently purchased with his
lotto winnings. The transfer documents
(b) Amendment and alteration of
were duly signed and Atty. Cruz
certificate of title;

Page 85 of 180

immediately took possession by fencing off the liquidation of the absolute

the property's entire perimeter. community or conjugal partnership of
the spouses as the case may be (Art. 50
Desperately needing money to pay for his in relation to Art 43 of the Family Code).
mounting legal fees and his other needs Richard purchased the land with his
and despite the transfer to Atty. Cruz, lotto winnings during the pendency of
Richard offered the same parcel of land for the suit for annulment and on the
sale to the spouses Garcia. After inspection assumption that the parties are
of the land, the spouses considered it a governed by the regime of absolute
good investment and purchased it from community or conjugal partnership,
Richard. Immediately after the sale, the winnings from gambling or betting will
spouses Garcia commenced the form part thereof. Also, since the land is
construction of a three-story building over part of the absolute community or
the land, but they were prevented from conjugal partnership of Richard and
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
property of the community or the
Is Atty. Cruz's claim correct? (8%)
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
Registration; Requisites; Proof (2013)
he first took possession of the property.
However, a lawyer is prohibited under No.X. Manuel was born on 12 March 1940
Art 1491 of the Civil Code from in a 1 000-square meter property where he
acquiring the property and rights which grew up helping his father, Michael,
may be the object of any litigation in cultivate the land. Michael has lived on the
which they may take part by virtue of property since the land was opened for
their profession. While the suit is for settlement at about the time of the
annulment of marriage and it may be Commonwealth government in 1935, but
urged that the land itself is not the for some reason never secured any title to
object of the litigation, the annulment of the property other than a tax declaration in
marriage, if granted, will carry with it his name. He has held the property through

Page 86 of 180

the years in the concept of an owner and ownership since June 12, 1945, or
his stay was uncontested by others. He has earlier. However, it is only necessary
also conscientiously and continuously paid that the land is already declared A & D
the realty taxes on the land. ODQG DW WKH WLPH IRU DSSOLFDWLRQ IRU
UHJLVWUDWLRQ LV ILOHG 0DODEDQDQ Y.
Michael died in 2000 and Manuel - as Republic, G.R. No. 180067, June 30,
0LFKDHOV RQO\ VRQ DQG KHLU -now wants to 2009).
secure and register title to the land in his
own name. He consults you for legal advice Manuel could also invoke Sec 14 (2) of
as he wants to perfect his title to the land the same Decree, which allows
and secure its registration in his name. registration through ordinary acquisitive
prescription for thirty years, provided,
(A) What are the laws that you need to KRZHYHU WKDW WKH ODQG LV SDWULPRQLDO
consider in advising Manuel on how he can in character, i.e. already declared by the
perfect his title and register the land in his government (a) as A & D, and (b) no
name? Explain the relevance of these laws longer needed for public use or public
to your projected course of action. (4%) service (Malabanan, supra).
SUGGESTED ANSWER: Manuel could also file an application for

FRQILUPDWLRQ RI LPSHUIHFW RU
(Note: With all due respect, it is
LQFRPSOHWH WLWOH WKURXJK MXGLFLDO
recommended that the examiner accept and
OHJDOL]DWLRQ XQGHU Sec. 48 (b) of CA no.
give full credit to any of the answers given in
141, or the Public Land Act (PLA). But,
each of the following paragraphs.)
as held in Malabanan, there is no
substantial difference between this
I would advice Manuel to file an
provision and Sec 14 (1) of the PRD.
application for registration under Sec 14
Both refer to agricultural lands already
of Pres. Decree No. 1529, or the Property
classified as alienable and disposable at
Registration Decree (PRD), specifically
the time the application is filed, and
Sec14 (1) which requires (a) that the land
require possession and occupation since
applied for forms part of the alienable
June 12, 1945. The only difference is
and disposable (A & D) portion of the
that under the PRD, there already exists
public domain, and (b) that the applicant
a title which is to be confirmed, whereas
has been in open, continuous and
under the PLA, the presumption is that
notorious possession and occupation
land is still public land (Republic v.
thereof under bona fide claim of

Page 87 of 180

Aquino, G.R. No. L-33983, January 27, Manuel has a the burden to overcome
1983). the presumption of State ownership by
ZHOO-QLJK LQFRQWURYHUWLEOH HYLGHQFH
0DQXHO PD\ DOVR LQYRNH YHVWHG ULJKWV (Ong v. Republic, G.R. No. 175746,
acquired under Rep. Act. No. 1942, dated March 12, 2008). Accordingly, he must
June 2, 1957, which amended Sec. 48 (b) show that ht eland is already classified
of the PLA by providing for a prescriptive DV$ 'DWWKHWLPHWKHDSSOLFDWLRQIRU
period of thirty years for judicial UHJLVWUDWLRQ LV ILOHG DQG WKDW KH KDV
confirmation of imperfect title. It must EHHQ LQ SRVVHVVLRQ DQG RFFXSDWLRQ
only be demonstrated that possession WKHUHRI LQ WKH PDQQHU UHTXLUHG E\ ODZ
and occupation commenced on January since June 12, 1945, or earlier.
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 now requires possession and by the testimony of disinterested and
occupation since June 12, 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
land, constructing a residential house
Another alternative is for Manuel to thereon, cultivating the land and
secure title through administrative planting fruit bearing trees, declaring
proceedings under the homestead or free the land for taxation purposes and
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 judicial
proceedings, but with the limitations To identify the land, he must submit the
that the land cannot be sold or disposed tracing cloth plan or a duly-certified
of within five years from the issuance of blueprint or whiteprint copy thereof
patent (Sec. 118, CA No. 141, as (Director of Lands v. Reyes, G.R. No. L-
amended). 27594, November 28, 1975; Director of
Lands v. CA and Iglesia ni Cristo, G.R.
(B) What do you have to prove to secure No. L-56613, March 14, 1988).
Manuel's objectives and what
documentation are necessary? (4%) To show the classification of the land as
A & D, the application must be
SUGGESTED ANSWER: accompanied by (1) a CENRO or PENRO

Page 88 of 180

certification; and (2) a certified true

copy of the original classification I will institute the following actions
approved by the DENR Secretary against Atty. Tan:
(Republic v. Bantigue, G.R.No. 162322,
March 14, 2012). A presidential or (a). A civil action for damage for the
legislative act may also be considered. fraudulent transfer of the title in his
name and to recover the value of the
property;
Remedies; Fraud; Rights of Innocent

(b). An action against the National
Purchaser (2009)
Treasurer for compensation from the
State Assurance Fund which is set aside
No.IX. Before migrating to Canada in 1992,
by law to pay those who lose their land
the spouses Teodoro and Anita entrusted
suffer damages as a consequence of the
all their legal papers and documents to
operation of the Torrens system;
their nephew, Atty. Tan. Taking advantage
of the situation, Atty. Tan forged a deed of
(c). A criminal action for forgery or
sale, making it appear that he had bought
falsification of public document;
WKH FRXSOHV SURSHUW\ LQ 4XH]RQ &LW\ ,Q
2000, he succeeded in obtaining a TCT over
(d). A complaint with the Supreme
the property in his name. Subsequently,
Court/Integrated Bar of the Philippines
Atty. Tan sold the same property to Luis,
to disbar or suspend him or other
who built an auto repair shop on the
disciplinary action for violation or the
property. In 2004, Luis registered the deed
Code of Professional Ethics.
of conveyance, and title over the property
was transferred in his name.
Any action against Luis will not prosper
In 2006, the spouses Teodoro and Anita because he is an innocent purchaser for
came to the Philippines for a visit and value. The Title to the land he bought
discovered what had happened to their was already in the name of the person
property. They immediately hire you as who sold the property to him, and there
lawyer. What action or actions will you is nothing on the title which will make
institute in order to vindicate their rights? him suspect about the fraud committed
Explain fully. (4%) by Atty. Tan.
SUGGESTED ANSWER:

Page 89 of 180

Contracts Rescission of Contract; Fortuitous Event

(2008)
Contract to Sell vs. Conditional Contract

No.XVIII. AB Corp. entered into a contract
of Sale (2012)
with XY Corp. whereby the former agreed to
No.X.a) A contract to sell is the same as a construct the research and laboratory
conditional contract of sale. Do you agree? facilities of the latter. Under the terms of
Explain your answer. (5%) the contract, AB Corp. agreed to complete

the facility in 18 months, at the total
SUGGESTED ANSWER: contract price of P10 million. XY Corp. paid
50% of the total contract price, the balance
No. A contract to sell is a species of
to be paid upon completion of the work. The
conditional sale. The contract to sell
work stated immediately, but AB Corp. later
does not sell a thing or property; it sells
experienced work slippage because of labor
the right to buy property. A conditional
unrest in his company. AB Corp.'s
sale is a sale subject to the happening or
employees claimed that they are not being
performance of a condition, such as
paid on time; hence, the work slowdown. As
payment of the full purchase price, or
of the 17th month, work was only 45%
the performance of other prestation to
completed. AB Corp. asked for extension of
give, to do or not to do. Compliance with
time, claiming that its labor problems is a
the condition automatically gives the
case of fortuitous event, but this was
right to the vendee to demand the
denied by XY Corp. When it became certain
delivery of the object of the sale. In a
that the contruction could not be finished
contract to sell, however, the
on time, XY Corp. sent written notice
compliance with the condition does not
cancelling the contract, and requiring AB
automatically sell the property to the
Corp. to immediately vacate the premises.
vendee. It merely gives the vendee the
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

Page 90 of 180

will of the debtor or without his statement is false. Explain your answer in
participation or aggravation (Paras, Civil not more than two (2) sentences.
Code Annotated, vol. IV, 2000 ed., p
159). As mentioned in the facts, labor (A). A clause in an arbitration contract
unrest of the employees was caused by granting one of the parties the power to
AB Corp.'s failure to pay its employees choose more arbitrators than the other
on time. renders the arbitration contract void. (1%)
(B). Can XY Corp. unilaterrally and SUGGESTED ANSWER:
immediately cancel the contract? (2%) 7UXH 7KH &LYLO &RGH SURYLGHV WKDW $Q\
clause giving one of the parties power to
SUGGESTED ANSWER: choose more arbitrators than the other
LVYRLGDQGRIQRHIIHFW$UW1&&
No, XY Corp. cannot unilaterally and
Obligations
immediately cancel the contract. In the
absence of any stipulation for automatic
Extinguishment; Compensation (2009)
rescission, rescission must be judicial
(Art. 1191, Civil Code). No.XV. Sarah had a deposit in a savings
account with Filipino Universal Bank in the
(C). Must AB Corp. return the 50%
amount of five million pesos
downpayment? (2%)
(P5,000,000.00). To buy a new car, she
obtained a loan from the same bank in the
SUGGESTED ANSWER:
amount of P1,200,000.00, payable in twelve
AB Corp. need not return the 50% down monthly installments. Sarah issued in favor
payment because 45% of the work was of the bank post-dated checks, each in the
already completed, otherwise, XY Corp. amount of P100,000.00, to cover the twelve
would be unjustly enriching itself at the monthly installment payments. On the
expense of AB Corp. third, fourth and fifth months, the

corresponding checks bounced.
The bank then declared the whole

Stipulation; Arbitration Clause (2009) obligation due, and proceeded to deduct the
amount of one million pesos
No. XI. TRUE or FALSE. Answer TRUE if 3 IURP 6DUDKV GHSRVLW DIWHU
the statement is true, or FALSE if the notice to her that this is a form of

Page 91 of 180

compensation allowed by law. Is the bank Extinguishment; Compensation (2008)

correct? Explain. (4%)
No. XV. Eduardo was granted a loan by
SUGGESTED ANSWER: XYZ Bank for the purpose of improving a
No, the bank is not correct. While the building which XYZ leased from him.
Bank is correct about the applicability of Eduardo, executed the promissory note
compensation, it was not correct as to ("PN") in favor of the bank, with his friend
the amount compensated. Recardo as co-signatory. In the PN, they
both acknowledged that they are
A bank deposit is a contract of loan, "individually and collectively" liable and
where the depositor is the creditor and waived the need for prior demand. To
the bank the debtor. Since Sarah is also secure the PN, Recardo executed a real
the debtor of the bank with respect to estate mortgage on his own property. When
the loan, both are mutually principal Eduardo defaulted on the PN, XYZ stopped
debtors and creditors of each other. Both payment of rentals on the building on the
obligation are due, demandable and ground that legal compensation had set in.
liquidated but only up to the extent of Since there was still a balance due on the
P300,000.00 (covering the unpaid third, PN after applying the rentals, XYZ
fourth and fifth monthly installments). foreclosed the real estate mortgage over
The entire one million was not yet due Recardo's property. Recardo opposed the
because the loan has no acceleration foreclosure on the ground that he is only a
clause in case of default. And since there co-signatory; that no demand was made
is no retention or controversy upon him for payment, and assuming he is
commenced by third person and liable, his liability should not go beyond
communicated in due time to 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
6DUDKV EDQN GHSRVLW E\ ZD\ RI extinguishing the security since he did not
compensation. give his consent (as owner of the property
under the real estate mortgage) thereto.
(A). Can XYZ Bank validly assert legal

compensation? (2%)

Page 92 of 180

SUGGESTED ANSWER: ground that legal compensation had set in.

Since there was still a balance due on the
Yes, XYZ Bank can validly assert legal PN after applying the rentals, XYZ
compensation. In the present case, all of foreclosed the real estate mortgage over
the elements of legal compensation are Recardo's property. Recardo opposed the
present: (1) XYZ Bank is the creditor of foreclosure on the ground that he is only a
Eduardo while Eduardo is the lessor of co-signatory; that no demand was made
XYZ Bank; (2) both debts consist in a upon him for payment, and assuming he is
sum of money, or if the things due are liable, his liability should not go beyond
consumable, they be of the same kind, half the balance of the loan. Further,
and also of the same quality if the latter Recardo said that when the bank invoked
has been stated; (3) the two debts be compensation between the reantals and the
due; (4) they be liquidated and amount of the loan, it amounted to a new
demandable, and (5) over neither of them contract or novation, and had the effect of
there be any retention or controversy, extinguishing the security since he did not
commenced by third persons and give his consent (as owner of the property
communicated in due time to the debtor under the real estate mortgage) thereto.
(Art. 1279, Civil Code).
(C). Does Recardo have basis under the
Civil Code for claiming that the original
contract was novated? (2%)
Extinguishment; Novation (2008)
SUGGESTED ANSWER:
XYZ Bank for the purpose of improving a No. Recardo has no basis for claiming
building which XYZ leased from him. novation of the original contract when
Eduardo, executed the promissory note the bank invoked compensation because
("PN") in favor of the bank, with his friend there was simply partial compensation
Recardo as co-signatory. In the PN, they (Art. 1290, Civil Code) and this would
both acknowledged that they are not bar the bank from recovering the
"individually and collectively" liable and remaining balance of the obligation.
waived the need for prior demand. To
secure the PN, Recardo executed a real ALTERNATIVE ANSWER:
estate mortgage on his own property. When
Eduardo defaulted on the PN, XYZ stopped No. In order that an obligation may be
payment of rentals on the building on the extinguished by another, it is imperative

Page 93 of 180

that it be so declared in unequivocal or creditors (Philippine Airlines v. CA

terms, or that the old and new and Amelia Tan, G.R. No. L-49188,
obligations be on every point compatible 1990). Mere delivery of checks does not
with each other. Novation is never discharge the obligation under a
presumed (Art. 1292, Civil Code). judgment. A check shall produce the
effect of payment only when they have
been cashed or where through the fault
of the creditor they have been impaired
Extinguishment; Payment of Check
(Art 1249, Civil Code).
(2013)
However, it is not necessary that the

No.VI. Lito obtained a loan of P1,000,000
right of redemption be exercised by
from Ferdie, payable within one year. To
delivery of legal tender. A check may be
secure payment, Lito executed a chattel
used for the exercise of right of
mortgage on a Toyota Avanza and a real
redemption, the same being a right and
estate mortgage on a 200-square meter
not an obligation. The tender of a check
piece of property.
is sufficient to compel redemption but is
not in itself a payment that relieves the
(B) Lito's failure to pay led to the extra-
redemptioner from his liability to pay
judicial foreclosure of the mortgaged real
the redemption price (Biana v. Gimenez,
property. Within a year from foreclosure,
G.R. No. 132768, Sept 9, 2005, citing
Lito tendered a manager's check to Ferdie
Fortunado v. CA).
to redeem the property. Ferdie refused to
accept payment on the ground that he
Redemption within the period allowed by
wanted payment in cash: the check does
law is not a matter of intent but a
not qualify as legal tender and does not
question of payment or valid tender of
include the interest payment. Is Ferdie's
full redemption prices within the said
refusal justified? (4%)
period. Whether redemption is being
made under Art. 3135 or under the
SUGGESTED ANSWER:
General Banking Law, the mortgagor or
$ FKHFN ZKHWKHU D PDQDJHUV FKHFN RU his assignee is required to tender
an ordinary check is not legal tender, payment to make said redemption valid
and an offer of a check in payment of a (Heirs of Quisumbing v. PNB and SLDC,
debt is not a valid tender of payment G.R. No. 178242, Jan 20, 2009).
and may be refused receipt by the oblige

Page 94 of 180

0RUHRYHU )HUGLHV UHIXVDO ZDV MXVWLILHG there has been extraordinary deflation since
on the ground that the amount tendered 1998, and therefore, Felipe should pay him
does not include interest. In order to the value of the debt at the time it was
effect the redemption of the foreclosed incurred. Felipe refused to pay him again,
property, the payment to the purchaser claiming that Gustavo is estopped from
must include the following sums: (a) the raising the issue of legal tender, having
bid price; (b) the interest on the bid accepted the check in March, and that it
price, computed at one per centum (1%) was Gustavo's negligence in not depositing
per month; and (c) the assessments and the check immediately that caused the
taxes, if any, paid by the purchaser with check to become stale.
the same rate of interest (Sec 28, 1997
Rules of Civil Procedure). Unless there is (A). Can Gustavo now raised the issue that
an express stipulation to that effect, the the cashier's check is not legal tender? (2%)
creditor cannot be compelled to receive

SUGGESTED ANSWER:
partial payment of the prestation (Art.
1248, Civil Code).
No. Gustavo previously accepted a check
as payment. It was his fault why the
check became stale. He is now estopped
Extinguishment; Payment of Check; from raising the issue that a cashier's
Legal Tender (2008) check is not legal tender.
No. XVII. Felipe borrowed $100 from (B). Can Felipe validly refuse to pay
Gustavo in 1998, when the Phil P - US$ Gustavo again? (2%)
exchange rate was P56 - US$1. On March

SUGGESTED ANSWER:
1, 2008, Felipe tendered to Gustavo a
cashier's check in the amount of P4,135 in
Yes, Felipe can refuse to pay Gustavo,
payment of his US$ 100 debt, based on the
who allowed the check to become stale.
Phil P - US$ exchange rat at that time.
Although a check is not legal tender
Gustavo accepted the check, but forgot to
(Belisario v. Natividad. 60 Phil 156),
deposit it until Sept. 12, 2008. His bank
there are instances when a check
refused to accepted the check because it
produces the effects of payment, for
had become stale. Gustavo now wants
example: (a) when the creditor is in
Felipe to pay him in cash the amount of
estoppel or he had previously promised
P5,600. Claiming that the previous
he would accept a check (Paras, Civil
payment was not in legal tender, and that

Page 95 of 180

Code Annotated, Vol IV, 2000 ed., p. secure the PN, Recardo executed a real
394); (b) when the check has lost its estate mortgage on his own property. When
value because of the fault of the creditor Eduardo defaulted on the PN, XYZ stopped
(Art. 1249, 2nd par.),as when he was payment of rentals on the building on the
unreasonably delayed in presenting the ground that legal compensation had set in.
check for payment (PNB v. Seeto, G.R. Since there was still a balance due on the
No, L-4388, 13 August 1952). PN after applying the rentals, XYZ
foreclosed the real estate mortgage over
(C). Can Felipe compel Gustavo to receive Recardo's property. Recardo opposed the
US$100 instead? (1%) foreclosure on the ground that he is only a
co-signatory; that no demand was made
SUGGESTED ANSWER:
upon him for payment, and assuming he is
liable, his liability should not go beyond
Felipe cannot compel Gustavo to receive
half the balance of the loan. Further,
US$100 because under RA 529, payment
Recardo said that when the bank invoked
of loans should be at Philippine currency
compensation between the reantals and the
at the rate of exchange prevailing at the
amount of the loan, it amounted to a new
time of the stipulated date of payment.
contract or novation, and had the effect of
Felipe could only compel Gustavo to
extinguishing the security since he did not
receive US$ 100 if they stipulated that
give his consent (as owner of the property
obligation be paid in foreign currency
under the real estate mortgage) thereto.
(R.A. 4100).
(B). Can Recardo's property be foreclosed to

pay the full balance of the loan? (2%)
Liability; Solidary Liability (2008)

SUGGESTED ANSWER:

Yes, Recardo's property can be
XYZ Bank for the purpose of improving a
foreclosed to pay the full balance of the
building which XYZ leased from him.
loan because when he signed as co-
Eduardo, executed the promissory note
signatory in the promissory note, he
("PN") in favor of the bank, with his friend
acknowledged he is solidarily liable with
Recardo as co-signatory. In the PN, they
Eduardo. In solidary obligations, a
both acknowledged that they are
creditor has the right to demand full
"individually and collectively" liable and
payment of the obligation from any of
waived the need for prior demand. To

Page 96 of 180

the solidary debtors (Art. 1207, Civil latter, is obliged to continue the same
Code). until the termination of the affair and its
incidents, or to require the person
concerned to substitute him, if the
owner is in a position to do so (Art.
Obligations; Without Agreement (2007)
2144, NCC).
No.V. What are obligations without an

Second example, a case of solutio
agreement"? Give five examples of
indebiti may also give rise to an
situations giving rise to this type of
obligation without an agreement. This
obligations? (10%)
refers to the obligation to return which
arises when something is received when
SUGGESTED ANSWER:
there is no right to demand it, and it was
"Obligations without an agreement" are unduly delivered through mistake (Art.
obligations that do not arise from 2154, NCC).
contract such as those arising from: 1.

Third example, is when without the
delicts; 2. quasi-delicts; 3. solutio
knowledge of the person obliged to give
indebiti; 4. negotiorum gestio; and 5. all
support, it is given by a stranger, the
other obligations arising from law.
latter shall have a right to claim the
ALTERNATIVE ANSWER: same from the former, unless it appears

that he gave it out of piety and without
"Obligations without an agreement" refer intention of being repaid (Art. 2164,
to the juridical relation of quasi-contract NCC).
which arise from certain lawful,
voluntary and unilateral acts to the end Fourth example, is when through
that no one shall be unjustly enriched or accident or other causes a person is
benefited at the expense of another. (Art. injured or becomes seriously ill, and he
2142, NCC) is treated or helped while he is not in a

condition to give consent to a contract,
First Example of an obligation without he shall be liable to pay for the services
an agreement is a case of negotiorum of the physician or other person aiding
gestio, whereby one who voluntarily him, unless the service has been
takes charge of the agency or rendered out of pure generosity (Art.
management of the business or property 2167, NCC).
of another without any power from the

Page 97 of 180

Fifth instance of an obligation without ought not, in equity and good

an agreement is when the person obliged conscience, to hold (Heirs of Lorenzo
to support an orphan or an insane or Yap v. CA, 371 Phil 523, 1991). The
other indigent person unjustly refuses to following are examples of constructive
give support to the latter, any third trust: 1. Art. 1456 NCC which provides:
person may furnish support to the needy "If property is acquired through mistake
individual, with right of reimbursement or fraud, the person obtaining it is, by
from the person obliged to give support. force of law considered a trustee of an
The provisions of this article apply when implied trust for the benefit of the
the father or mother of a child under person for whom the property comes." 2.
eighteen years of age unjustly refuses to Art 1451 NCC which provides: "When
support him (Art. 2166, NCC). land passes by succession through any
person and he causes the legal title to be
Trust put in the name of another, a trust is
established by implication of law for the
Trust De Son Tort (2007) benefit of the true owner." 3. Art 1454
NCC which provides: "If an absolute
No.III. Explain the following concepts and conveyance of property is made in order
doctrines and give an example of each: to secure the performance of an
obligation of the grantor toward the
(A). concept of trust de son
grantee, a trust by virtue of law is
tort (constructive trust) (5%)
established. If the fulfillment of the
obligation is offered by the grantor when
SUGGESTED ANSWER:
it becomes due, he may demand the
A constructive trust is a trust NOT reconveyance of the property to him." 4.
created by any word or phrase, either Art 1455 NCC which provides: "When any
expressly or impliedly, evincing a direct trustee, guardian or any person holding a
intention to create a trust, but is one fiduciary relationship uses trust funds
that arises in order to satisfy the for the purchase of property and causes
demands of justice. It does not come conveyance to be made to him or to
about by agreement or intention but third person, a trust is established by
mainly operation of law and construed as operation of law in favor of the person to
a trust against one who, by fraud, duress whom the funds belong."
or abuse of confidence, obtains or holds

the legal right to property which he

Page 98 of 180

Sales advanced for her employees (biyaheros).

She required them to surrender TCT of
Condominium Act; Partition of a their properties and to execute the
Condominium (2009) corresponding Deeds of Sale in her favor.
Domeng Bandong was not required to post
No.XVIII. The Ifugao Arms is a
any security but when Eulalia discovered
condominium project in Baguio City. A
that he incurred shortage in cattle
strong earthquake occurred which left huge
procurement operation, he was required to
cracks in the outer walls of the building. As
execute a Deed of Sale over a parcel of land
a result, a number of condominium units
in favor of Eulalia. She sold the property to
were rendered unfit for use. May Edwin,
her grandneice Jocelyn who thereafter
owner of one of the condominium units
instituted an action for ejectment against
affected, legally sue for partition by sale of
the Spouses Bandong.
the whole project? Explain. (4%)
To assert their right, Spouses Bandong filed

SUGGESTED ANSWER:
an action for annulment of sale against
Yes, Edwin may legally sue for partition
Eulalia and Jocelyn alleging that there was
by sale of the whole condominium
no sale intended but only equitable
project under the following conditions:
mortgage for the purpose of securing the
(a) the damage or destruction caused by
shortage incurred by Domeng in the
the earthquake has rendered one-half
amount of P 70, 000.00 while employed as
(1/2) or more of the units therein
"biyahero" by Eulalia. Was the Deed of Sale
untenantable, and (b) that the
between Domeng and Eulalia a contract of
condominium owners holding an
sale or an equitable mortgage? Explain.
aggregate of more than thirty percent
(5%)
(30%) interests of the common areas are
opposed to the restoration of the SUGGESTED ANSWER:
condominium project (Sec 8 [b], Republic
$FW1R&RQGRPLQLXP$FW 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 conduct of the cattle-buying
In order to secure the financial capital, she operations. Under Art 1602, Civil Code,

Page 99 of 180

the contract shall be presumed to be an offering P800,000 in ready cash for the
equitable mortgage when it may be fairly land. When Roberto confirmed that he
inferred that the real intention of the could pay in cash as soon as Sergio could
parties is simply to secure the payment get the documentation ready, Sergio
of a debt or the performance of any decided to withdraw his offer to Marcelo,
other obligation. The present transaction hoping to just explain matters to his friend.
was clearly intended to just secure the Marcelo, however, objected when the
shortage incurred by Eulalia because withdrawal was communicated to him,
Bandung remained in possession of the taking the position that they have a firm
property inspite of the execution of the and binding agreement that Sergio cannot
sale. simply walk away from because he has an
option to buy that is duly supported by a
duly accepted valuable consideration.
2SWLRQ &RQWUDFW /LTXRU 3XOXWDQ DV

(A) Does Marcelo have a cause of action
Consideration (2013)
against Sergio? (5%)
No.III.Sergio is the registered owner of a

SUGGESTED ANSWER:
500-square meter land. His friend, Marcelo,
who has long been interested in the Yes. Marcelo has a cause of action
property, succeeded in persuading Sergio to 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 time before acceptance by
them, said that they should seal their communicating such withdrawal, except
agreement through a case of Jack Daniels when the option is founded upon
Black and P5,000 "pulutan" money which consideration, as something paid or
he immediately handed to Sergio and which promised.
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 price

certain is binding upon him if the
On June 15, 2013, Sergio learned of promise is supported by a consideration
another buyer, Roberto, who was distinct from the price (Art. 1479).

Page 100 of 180

Consideration in an option contract may The Statute of Frauds covers an

be anything of value,, unlike in sale agreement for the sale of real property
where it must be the price certain in or of an interest therein. Such
money or its equivalent (San Miguel agreement is unenforceable by action,
Properties Inc. v. Spouses Huang, G.R. unless the same, or some note or
No. 137290, July 31, 2000). memorandum, thereof, be in writing,
(Art. 1403 (e), Civil Code). Here, Marcelo
Here, the case of Jack Daniels Black and and Sergio merely entered into an
WKH 3 SXOXWDQ PRQH\ ZDV D Option Contract, which refers to a
FRQVLGHUDWLRQ WR VHDO WKHLU DJUHHPHQW unilateral promise to buy or sell, which
an agreement that Marcelo is given until need not be in writing to be enforceable
June 30, 2012 to buy the parcel of land. (Sanchez v. Rigos, G.R. No. L-25494,
There is also no showing that such June 14, 1972, citing Atkins, Kroll and
consideration will be considered part of Co. Inc. v. Cua Hian Tek and
WKH SXUFKDVH SULFH 7KXV 6HUJLRV Southwestern Sugar & Molasses Co. v.
unilateral withdrawal of the offer Atlantic Gulf & Pacific Co.).
violated the Option Contract between
him and Marcelo. ALTERNATIVE ANSWER:
(B) Can Sergio claim that whatever they 1R6HUJLRVFODLPKDVQROHJDOEDVLV

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).
1R6HUJLRVFODLPKDVQROHJDOEDVLV
The contract at issue in the present case

is the option contract, not the contract Right of First Refusal; Lessee; Effect
of sale for the real property. Therefore, (2008)
Art. 1403 does not apply.
No.XVI. Dux leased his house to Iris for a
period of 2 years, at the rate of P25,000.00

Page 101 of 180

monthly, payable annually in advance. The refusal. This makes the mother a buyer
contract stipulated that it may be renewed in bad faith, hence giving more ground
for another 2-year period upon mutual for rescission of the sale to her
agreement of the parties. The contract also (Equatorial Realty, et al. v. Mayfair
granted Iris the right of first refusal to Theater, G.R. No. 106063, 21 Nov. 1996).
purchase the property at any time during
the lease, if Dux decides to sell the property ALTERNATIVE ANSWER:
at the same price that the property is

No, Iris cannot seek rescission of the
offered for sale to a third party. Twenty-
VDOH RI WKH SURSHUW\ WR 'X[V PRWKHU
three months after execution of the lease
because the sale is not one of those
contract, Dux sold breach of her right of
rescissible contracts under Art. 1381 of
first refusal. Dux said there was no breach
the Civil Code.
because the property was sold to his
mother who is not a third party. Iris filed an
(B). Will the alternative prayer for extension
action to rescind the sale and to compel
of the lease prosper? (2%)
Dux to sell the property to her at the same
price. Alternatively, she asked the court to SUGGESTED ANSWER:
extend the lease for another 2 years on the
same terms. No. The contract stipulated that it may
be renewed for another 2-year period
(A). Can Iris seek rescission of the sale of upon mutual agreement of the parties.
the property to Dux's mother? (3%) Contracts are binding between the
parties; validity or compliance cannot be
SUGGESTED ANSWER:
left to the will of one of the parties (Art.
1308, Civil Code).
Yes, because the right of first refusal is
included in the contract signed by the
ALTERNATIVE ANSWER:
parties. Only if the lessee failed to
exercise the right of first refusal could It depends. The alternative prayer for
the lessor lawfully sell the subject the extension of the lease may prosper if
property to others, under no less than (a) there is a stipulation in the contract
the same terms and 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).
of Dux and Iris, aware of the right of first

Page 102 of 180

Lease reimbursed the value of the improvements

he introduced. (4%)
Builder; Good Faith; Useful

SUGGESTED ANSWER:
Improvements (2013)
%RER\V FODLP WKDW KH LV D EXLOGHU LQ

No.IV.Anselmo is the registered owner of a
good faith has no basis. A builder in good
land and a house that his friend Boboy
faith is someone who occupies the
occupied for a nominal rental and on the
property in concept of an owner. The
condition that Boboy would vacate the
provisions on builder-planter-sower
property on demand. With Anselmo's
under the Civil Code cover cases in
knowledge, Boboy introduced renovations
which the builder, planter and sower
consisting of an additional bedroom, a
believe themselves to be owners of the
covered veranda, and a concrete block
land, or at least, to have a claim of title
fence, at his own expense.
thereto.
Subsequently, Anselmo needed the property

As Boboy is a lessee of the property,
as his residence and thus asked Boboy to
even if he was paying nominal rental,
vacate and turn it over to him. Boboy,
Art. 1678, Civil Code, is applicable.
despite an extension, failed to vacate the
Under this provision, if the lessee
property, forcing Anselmo to send him a
makes, in good faith, useful
written demand to vacate.
improvements which are suitable to the
In his own written reply, Boboy signified use for which the lease is intended,
that he was ready to leave but Anselmo without altering the form or substance of
must first reimburse him the value of the the property leased, the lessor upon the
improvements he introduced on the termination of the lease, shall pay the
property as he is a builder in good faith. lessee one-half of the value of
Anselmo refused, insisting that 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 lessee may remove the
the improvements and leaving the building improvements, even though the
in its original state. principal thing may suffer damage

thereby.
(IVa) Resolve Boboy's claim that as a
builder in good faith, he should be

Page 103 of 180

(IVb) Can Boboy be held liable for damages lease contracts between Jude and his
for removing the improvements over tenants? Explain your answer. (3%)
Anselmo's objection? (4%)
SUGGESTED ANSWER:
SUGGESTED ANSWER: Yes, Ildefonso must respect the lease
contracts between Jude and his tenants.
No. Boboy cannot be held liable for While it is true that the said lease
damages. contracts were not registered and
annotated on the title to the property,
The lessor, Anselmo, refused to
Ildefonso is still not an innocent
reimburse one-half of the value of the
purchaser for value. He ought to know
improvements, so the lessee, Boboy, may
the existence of the lease because the
remove the same, even though the
building was already occupied by the
principal thing may suffer damage
tenants at the time he bought it.
thereby. If in removing the useful
Applying the principle of caveat emptor,
improvements Boboy caused more
he should have checked and known the
impairment in the property leased than
status of the occupants of their right to
is necessary he will be liable for damages
occupy the building before buying it.
(Art. 1678, Civil Code).
Agency
Lease; Caveat Emptor (2009)
Agency; Sale of a Real Property through
an Agent (2010)
No.VIII. Jude owned a building which he
had leased to several tenants. Without
No.XVI. X was the owner of an unregistered
informing his tenants, Jude sold the
parcel of land in Cabanatuan City. As she
building to Ildefonso. Thereafter, the latter
was abroad, she advised her sister Y via
notified all the tenants that he is the new
overseas call to sell the land and sign a
owner of the building. Ildefonso ordered the
contract of sale on her behalf.
tenants to vacate the premises within thirty
(30) days from notice because he had other Y thus sold the land to B1 on March 31,
plans for the building. The tenants refused 2001 and executed a deed of absolute sale
to vacate, insisting that they will only do so on behalf of X. B1 fully paid the purchase
when the term of their lease shall have price.
expired. Is Ildefonso bound to respect the

Page 104 of 180

B2, unaware of the sale of the land to B1, double sales of an immovable property,
signified to Y his interest to buy it but the ownership shall pertain to the
asked Y for her authority from X. Without person who is in good faith was first in
informing X that she had sold the land to possession and in the absence thereof to
B1, Y sought X for a written authority to the person who presents the oldest title,
sell. provide there is good faith.
X e-mailed Y an authority to sell the land. Y In a case, the Supreme Court has held
thereafter sold the land on May 1, 2001 to that in a sale of real estate the execution
B2 on monthly installment basis for two of a notarial document of sale is
years, the first installment to be paid at the tantamount to delivery of the possession
end of May 2001. of the property sold. The ownership of

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, transmitting,
SUGGESTED ANSWER: acknowledging, modifying, or
extinguishing right to real property not
B-2 has a better title. This is not a case
registered under Act 496 shall be valid
of double sale. Since the first sale was
except as between the parties. Thus, the
void. The law provides that when a sale
Deed of Sale of B-2 has no binding effect
of a piece of land or any interest therein
on B-1.
is through an agent, the authority of the
latter shall be in writing; otherwise, the
Partnership
sale shall be void (Art 1874, NCC). The
property was sold by Y to B1 wihtout any
Liability; Liability of a Partner (2010)
written authority from the owner X.
Hence, the sale to B1 was void. No.XV. A, B, and C entered into a
partnership to operate a restaurant
ALTERNATIVE ANSWER:
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 of the restaurant, incurring
Civil Code which provides that in case of obligations in the process. Creditors started

Page 105 of 180

demanding for the payment of their individual properties shall be subject

obligations. first to the payment of his separate
debts (Art 1835. NCC).
(A). Who are liable for the settlement of the
SDUWQHUVKLSVREOLJDWLRQV"([SODLQ"
SUGGESTED ANSWER: Oral Partnership (2009)
The two remaining partners, A and B, are No.I. TRUE or FALSE. Answer TRUE if the
liable. When any partner dies and the statement is true, or FALSE if the
business is continued without any statement is false. Explain your answer in
settlement of accounts as between him 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,
par 2, and Art 1833 of NCC). SUGGESTED ANSWER:
TRUE. Partnership is a consensual
(B).:KDW DUH WKH FUHGLWRUV UHFRXUVHV" contract, hence, it is valid even though
Explain. (3%) not in writing.
SUGGESTED ANSWER: ALTERNATIVE ANSWER:

TRUE. An oral is a consensual of the
Creditors can file the appropriate
partnership is valid even though not in
actions, for instance, an action for
writing. However, If it involves
collection of sum of money against the
contribution of an immovable property
SDUWQHUVKLS DW ZLOO DQG LI WKHUH DUH QR
or a real right, an oral contract of
sufficient funds, the creditors may go
partnership is void. In such a case, the
after the private properties of A and B
contract of partnership to be valid, must
(Art 816, NCC). Creditors may also sue
be in a public instrument ( Art. 1771
the estate of C. The estate is not
,NCC ), and the inventory of said
excused from the liabilities of the
property signed by the parties must be
partnership even if C is dead already but
attached to said public instrument (Art.
only up to the time that he remained a
1773, NCC).
partner (Art 1829, 1835, par 2, NCC;
Testate Estate of Mota v. Serra, 47 Phil
ALTERNATIVE ANSWER:
>@+RZHYHU WKH OLDELOLW\RI &V

Page 106 of 180

TRUE. Partnership is a consensual Yes, he is not entitled to the return of

contract, hence, it is valid even though his contribution to the capital of the
not in writing. The oral contract of partnership, but only to the net profits
partnership is also valid even if an from the partnership business during the
immovable property or real right is life of the partnership period. If he is a
contributed thereto. While the law, in limited partner, however, he may ask for
such a case, requires the partnership to the return of his contributions as
be in a public document, the law does provided in Art 1856 and 1857, Civil
not expressly declare the contract void if Code.
not executed in the required form
(Article 1409 (7 ,NCC ). And there being Commodatum & Mutuum
nothing in the law from which it can be
Mutuum; Interest; Solutio Indebiti
inferred that the said requirement is
(2012)
prohibitory or mandatory (Article 5,
NCC), the said oral contract 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 to be made into a 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 Villanueva paid accumulated
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
which was ignored by Siga-an.
Share; Demand during the Existence of (1) Is the payment of interest valid?
Partnership (2012) Explain. (3%)
No.X.b) A partner cannot demand the SUGGESTED ANSWER:

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%) QR LQWHUHVW VKDOO EH GXH XQOHVV LW KDV
EHHQH[SUHVVO\VWLSXODWHGLQZULWLQJ
SUGGESTED ANSWER:
(2) Is solution indebiti applicable? Explain.
(2%)

Page 107 of 180

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

validity of the contract should be
Yes, Solutio Indebiti is applicable distinguished from its enforceability .
because Villanueva Overpaid by
Surety
P600,000.00 representing interest
payment which is not due. He can,
Surety (2010)
therefore, demand its return.
No.III. Define, Enumerate or Explain. (2%

Guaranty each)
Guaranty (2009) (A). What is the difference between

"guaranty" and "suretyship"?
No.I. TRUE or FALSE. Answer TRUE if the
statement is true, or FALSE if the SUGGESTED ANSWER:
statement is false. Explain your answer in
Guaranty and Suretyship distinguished
(1)The obligation in guaranty is

(D). An oral promise of guaranty is valid
secondary; whereas, in suretyship, it is
and binding. (1%)
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 is not entitled.
ALTERNATIVE ANSWER:
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, however ,it is 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 answer for the debt, or assumes liability as a regular party.
miscarriage of another, the Statute of
Frauds requires it to be in writing to be

Page 108 of 180

(5)The Guarantor insures the solvency (B). Will your answer to [a] be the same if
of the principal debtor; whereas, the the contract stipulates that upon failure of
surety insures the debt. Rosario to redeem the ring on due date,
Jennifer may immediately sell the ring and
(6)In a guaranty, the guarantor is
appropriate the entire proceeds thereof for
subsidiarlty liable; whereas, in a
herself as full payment of the loan?
suretyship, the surety binds himself
Reasons. (3%)
solidarity with the principal debtor (Art
2047, Civil Code). SUGGESTED ANSWER:
No, my answer will be different. While
Pledge
the contract of pledge is valid, the
stipulation authorizing the pledgee to
Pledge; Pactum Commissorium (2009)
immediately sell the thing pledged is
void under Art 2088 of the New Civil
No.XVII. Rosario obtained a loan of
&RGH ZKLFK SURYLGHV WKDW WKH FUHGLWRU
P100,000.00 from Jennifer, and pledged
cannot appropriate the things given by
her diamond ring. The contract signed by
way of pledge or mortgage, or dispose of
the parties stipulated that if Rosario is
WKHP[[[-HQQLIHUFDQQRWLPPHGLDWHO\
unable to redeem the ring on due date, she
sell by herself the thing pledged. It must
will execute a document in favor of Jennifer
be foreclosed by selling it at a public
providing that the ring shall automatically
auction in accordance with the
be considered full payment of the loan.
procedure under Art 2112 of the New
(A). Is the contract valid? Explain. (3%) Civil Code.
Torts and Damages

SUGGESTED ANSWER:
The contract is valid because Rosario Damages (2012)
has to execute a document in favor of
Jennifer to transfer the ownership of the No.I. a) Roberto was in Nikko Hotel when he
pledged ring to the latter. The contract bumped into a friend who was then on her
does not amount to pactum way to a wedding reception being held in
commissorium because it does not said hotel. Roberto alleged that he was then
provide for the automatic appropriation invited by his friend to join her at the
by the pledgee of the thing pledged in wedding reception and carried the basket
case of default by the pledgor. full of fruits which she was bringing to the
affair. At the reception, the wedding

Page 109 of 180

coordinator of the hotel noticed him and proVSHU2WKHUZLVH5REHUWRVDFWLRQZLOO

asked him, allegedly in a loud voice, to not prosper.
leave as he was not in the guest list. He
The hotel is liable for the wrongful acts
retorted that he had been invited to the
of its employees.
affair by his friend, who however denied
doing so. Deeply embarrassed by the COMMENT:
incident, Roberto then sued the hotel for
The facts of the problem are almost
damages under Articles 19 and 21 of the
similar to the facts of Nikko Hotel
&LYLO &RGH :LOO 5REHUWRV DFWLRQ SURVSHU"
Manila Garden v. Reyes, G.R. No.
Explain. (5%)
154259, Feb 28, 2005. In the said case,
SUGGESTED ANSWER: however, there is a categorical finding
that the hotel employee did not, exposed
1R 5REHUWRV DFWLRQ ZLOO QRW SURVSHU
the complainant to the ridicule, shame
From the facts given in the problem, the
or embarrassment; hence, did not
wedding coordinator did not abuse her
commit any abuse of right. The present
right when she asked him to leave the
problem makes no statement of that
wedding reception because he was not in
finding. In the contrary, the problem
the guest list. Hotel Nikko could not be
states that it is a mere allegation.
held liable for damages as its liable
spring from the liability of its employee
(Nikko Hotel Manila Garden v. Reyes,
G.R. No. 154259, Feb 28, 2005). Damages; Moral & Exemplary (2009)
ALTERNATIVE ANSWER: No.XIV. Rodolfo, married to Sharon, had an

illicit affair with his secretary, Nanette, a
It depends. While the hotel has the right
to exclude an uninvited guest from the
Rona. Nanette sued Rodolfo for damages:
wedding reception, that does not give
actual, for hospital and other medical
the hotel the license to humiliate
expenses in delivering the child by
Roberto. If the wedding coordinator of
caesarean section; moral, claiming that
the hotel acted wrongfully e.g. with the
Rodolfo promised to marry her,
abuse of right, unfairly, or in a matter
representing that he was single when, in
that exposed Roberto to unnecessary
fact, he was not; and exemplary, to teach a
ridicule or shame, his action will

Page 110 of 180

(A). If you were the judge, would you award Vinzons-Chato filed a Motion to Dismiss
all the claims of Nanette? Explain. (3%) arguing that she cannot be held liable for
damages for acts she performed while in
SUGGESTED ANSWER: the discharge of her duties as BIR
If Rodolfo's marriage could not have Commissioner. Is she correct? Explain. (5%)
been possibly known to Nanette or there
is no gross negligence on the part of SUGGESTED ANSWER:
Nanette, Rodolfo could be held liable for
Yes. As a general rule, a public officer is
moral damages.
not liable for acts performed in the
discharge of his duties. The exceptions
If there is gross negligence in a suit for
are when he acted with malice, bad faith,
quasi-delict, exemplary could be
or gross negligence in the performance
awarded.
of his duty, or when his act is in
violation of a Constitutional guaranteed
right and liberties of a person under
Damages; Public Officers acting in the Art32 of the NCC.
Performance of their Duties (2012)
The public officer is not automatically
No.II.a) Liwayway Vinzons-Chato was then considered to have violated the rights or
the Commissioner of Internal Revenue liberties of a person simply because the
while Fortune Tobacco Corporation is an rule the public officer issued was
entity engaged in the manufacture of declared invalid by the court. The
different brands of cigarettes, among which complainant must still allege and prove
are "Champion," "Hope," and "More" the particular injury or prejudice he has
cigarettes. suffered from the violation of his

constitutional right by the issuance of
Fortune filed a complaint against Vinzons- the invalidated rule.
Chato to recover damages for the alleged
The problem does not state any fact
violation of its constitutional rights arising
from which any malice, bad faith or
from Vinzons-&KDWRV LVVXDQFH RI 5HYHQXH
gross negligence on the part of Vinzons-
Memorandum Circular No. 37-934 (which
Chato may be inferred, or the particular
re-classified Fortune cigarettes as locally
injury or prejudice the complainant may
manufactured with foreign brands and
have suffered as a result of the violation
thereby imposed higher taxes), which the
of his constitutional right. Hence, she
Supreme Court later declared invalid.

Page 111 of 180

cannot be held liable. The facts the driver and the defense of diligence is
presented are similar to facts of the case not available.
of Vinzons-Chato v. Fortune, G.R. No.
141309, Dec 23, 2008. (B).Would your answer be the same if
Rommel was in the car at the time of the
accident? Explain. (2%)
Death Indemnity (2009) SUGGESTED ANSWER:

Yes, my answer would be the same.
No. X. 5RPPHOV SULYDWH FDU ZKLOH EHLQJ Rommel, who was in the car, shall be
driven by the regular family driver, Amado, liable for damages if he could have
KLWVDSHGHVWULDQFDXVLQJWKHODWWHUVGHDWK. prevented the misfortune by the use of
Rommel is not in the car when the incident due diligence in supervising his driver
happened. but failed to exercise it (Art. 2184, NCC).
In such case, his liability is solidary with
(A). Is Rommel liable for damages to the
his driver.
heirs of the deceased? Explain. (2%)
ALTERNATIVE ANSWER:
Yes, my answer will be the same except
SUGGESTED ANSWER:
that in such case the liability of the
Yes, Rommel may be held liable for
owner is not presumed. When the owner
damages if he fails to prove that he
is inside the vehicle, he becomes liable
exercised the diligence of a good father
only when it is shown that he could have
of a family (Art. 2180, par 5, NCC) in
prevented the misfortune by the use of
selecting and supervising his family
due diligence (Art. 2184, NCC). For the
driver. The owner is presumed liable
owner to be held liable, the burden of
unless he proves the defense of
proving that he could have prevented
diligence. If the driver was performing
the misfortune rests on the shoulder of
his assigned task when the accident
the victim.
happened, Rommel shall be solidarily
liable with the driver.
In case the driver is convicted of Doctrine of Discovered Peril (Last Clear

reckless imprudence and cannot pay the Chance) (2007)
civil liability, Rommel is subsidiarily
liable for the damage awarded against No.III. Explain the following concepts and
doctrines and give an example of each:

Page 112 of 180

(B). doctrine of discovered peril (last clear typhoon knocked down the fence of the
chance) (5%) pond and the iguana crawled out of the
JDWH RI 3ULPRV UHVLGHQFH 1 D QHLJKERU
SUGGESTED ANSWER: who was passing by, started throwing
stones at the iguana, drawing the iguana to
The doctrine of last clear chance states
move toward him. N panicked and ran but
that where the plaintiff was guilty of
tripped on something and suffered a broken
prior or antecedent negligence, but the
leg.
defendant, who had the ultimate
opportunity to avoid the impending ,V DQ\RQH OLDEOH IRU 1V LQMXULHV" ([SODLQ
harm failed to do so, it is the defendant (4%)
who is liable for all the consequences of
the accident notwithstanding the prior SUGGESTED ANSWER:
negligence of the plaintiff. An example is
No one is liable. The possessor of an
where a person was riding a pony on a
animal or whoever may make use of the
bridge and improperly pulled the pony to
same is responsible for the damage it
the wrong side when he saw a car
may cause, although it may escape or be
coming. The driver of the car did not
lost. This responsibility shall cease only
stop or change direction, and nearly hit
in case the damage should come from
the horse, and, the frightened animal
force majeure or from the fault of the
jumped to its death. The driver of the
person who has suffered damage (Art
car is guilty of negligence because he
2183, NCC).
had a fair opportunity to avoid the
accident and failed to avail himself of
that opportunity. He is liable under the
doctrine of last clear chance (Picart v.
Liability; Special Parental Authority
Smith, 37 Phil. 809, 1918).
(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

Page 113 of 180

because the van rented by the school was (B). How about the damage to the jeepney?
too crowded. On the way to a museum Explain. (2%)
which the students were scheduled to visit,
Rozanno made a wrong maneuver, causing SUGGESTED ANSWER:
a collision with a jeepney. One of his

With respect to the damages caused to
classmates died. He and the three (3) others
the jeepney, only Rozanno should be
were badly injured.
held liable because his negligence or
tortuous act was the sole, proximate and
(A). WKRLVOLDEOHIRUWKHGHDWKRI5R]DQQRV
immediate cause thereof.
classmate and the injuries suffered by
Rozanno and his 3 other classmates?
(C). Under the same facts, except the date
Explain. (2%)
of occurrence of the incident, this time in
mid-1994, what would be your answer?
SUGGESTED ANSWER:
Explain. (2%)
At the time the incident occurred in May
1989, Rozanno was still a minor. Being a SUGGESTED ANSWER:
minor, Art 218 of the Family Code

Since Rozanno was 16 years old in 1989,
applies. Pursuant to Art 218, the school,
if the incident happened sometime in
its administrators and teachers shall be
the middle of 1994, Rozanno have been
liable for the acts of minor Rozanno
21 years old at the time. Hence, he was
because of the special parental authority
already of legal age. The law reducing
and responsibility that they exercise
the age of majority to 18 years took
over him. The authority applies to all
effect in December 1989.
authorized activities, whether inside or
outside the premises of 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 of his act unless his
the parents of Rozanno are subsidiarily school or his parents were themselves
liable pursuant to Art 219 (FC), and also negligent and such negligence
principally liable under Art 221 (FC), if contributed to the happening of the
they are negligent. incident. In that event, the school or his
parents are not liable under Art 218, 218
or 221 of the Family Code, but will be

Page 114 of 180

liable under general provision on the court to justify the damages that your client
Civil Code on quasi-delict. claims? (8%)
SUGGESTED ANSWER:
Quasi-Delict; Claims; Requisites (2013)

I will the base the claim of my client on
quasi-delict under Art 2176 of the Civil
No.II. A collision occurred at an intersection
Code of the Philippines. The requisites
involving a bicycle and a taxicab. Both the
for a claim under quasi-delict to prosper
bicycle rider (a businessman then doing his
are as follows:
morning exercise) and the taxi driver
claimed that the other was at fault. Based
(1) Act or omission, there being fault or
on the police report, the bicycle crossed the
negligence;
intersection first but the taxicab, crossing
at a fast clip from the bicycle's left, could (2) Damage or injury; and
not brake in time and hit the bicycle's rear
wheel, toppling it and throwing the bicycle (3) Causal connection between the
rider into the sidewalk 5 meters away. damage and the act or omission.
The bicycle rider suffered a fractured right The case clearly involves quasi-delict
knee, sustained when he fell on his right where my client, the bicycle rider,
side on the concrete side walk. He was suffered injury as a result of the
hospitalized and was subsequently negligence of the over-speeding taxi
operated on, rendering him immobile for 3 GULYHUZLWKRXWIDXOWRQP\FOLHQWVSDUW
weeks and requiring physical rehabilitation
for another 3 months. In his complaint for To prove actual damages aside from the
damages, the rider prayed for the award testimony of client, I will present his
ofP1,000,000 actual damages,P200,000 hospital and medical bills. Receipts paid
moral damages, P200,000 exemplary on the rehabilitation will also be
damages, P1 00,000 nominal damages presented. [The sentence in red should
and P50,000 attorney's fees. be replaced with the following sentence

because he is a businessman and not an
Assuming the police report to be correct employee. Furthermore, I will present
and as the lawyer for the bicycle rider, what income tax returns, contracts and other
evidence (documentary and testimonial) documents to prove unrealized profits as
and legal arguments will you present in a result of this temporary injury.] I will

Page 115 of 180

also call the attending physician to fraudulent, reckless, oppressive, or

testify as to the extent of the injuries malevolent manner. While the amount of
suffered by my client, and to corroborate exemplary damages may not be proved,
the contents of the medical documents. the plaintiff must show that he is
entitled to moral or compensatory
Based on Art. 2202, in quasi-delicts, the damages. In support of this, I will
defendant shall be liable for all damages present the police report showing the
which are the natural and probable circumstance under which the accident
consequences of the act or omission took place, taking into account the
complained of. It is not necessary that actions of the parties. I will ask the
the damages have been foreseen or could officials who responded to the accident
have been foreseen by the defendant. to testify as to the conduct of the
parties at the time of the accident in
Unlike actual damages, no proof of
order to determine whether defendant
pecuniary loss is necessary in order that
was guilty of gross negligence.
moral, nominal, temperate liquidated or
exemplary damages may be adjudicated. )LQDOO\DWWRUQH\VIHHVPD\EHUHFRYHUHG
The assessment is left to the discretion when exemplary damages are awarded
of the Court (Art. 2216, Civil Code). (Art 2208, Civil Code).
There must be proof pecuniary
estimation, however.
Moral damages can be recovered by my Quasi Tort (2010)

client under Articles 2219 and 2200.
Moral damages may be recovered in case No.III. Define, Enumerate or Explain. (2%
of a quasi-delict causing physical each)
injuries. Additionally, it must be proved

(B). Define quasi tort. Who are the persons
that such damages were the proximate
liable under quasi torts and what are the
result of the act complained of. Medical
defenses available to them?
certificates will be presented, along with
the testimony from my client and other
Note: It is recommended that the examiner
eyewitness accounts, in order to support
exercise leniency and liberality in grading
the award for moral damages.
the answers given to this question. The term
quasi-tort is not part of legal developments in
Exemplary damages may be granted if
civil law. In Philippine legal tradition, quasi-
the defendant acted in wanton,

Page 116 of 180

delict has been treated as the closest civil who can be held liable and their defenses
law equivalent of the common law tort. In would also apply.
fact, in a number of Supreme Court
Those liable for quasi-delict include:
decisions, the two terms have been
considered synonymous. In reality, however, (1) Those tortfeasor or the person
the common law tort is much broader in causing damage to another through fault
scope than the civil law quasi-delict. In or negligence ( Article 2176 NCC ); and
recent developments in common law, the (2) Persons vicariously liable under
FRQFHSWRITXDVL-WRUWVFDQEHFRQVLGHUHGDV Article 2180 (NCC ).
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) That although the defendant is
SUGGESTED ANSWER: negligent his negligence is not the
proximate cause of the injury ( Article
Quasi -tort is a legal concept upholding
2179 NCC );
the doctrine that some legal duty exists
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
WKH ODZ 7RUW RU 4XDVL-WRUW LV Dn (d ) That the person vicariously liable
Anglo American or Common Law has observed all the diligence of a good
FRQFHSWZKLOH'HOLFWRU4XDVL-'HOLFW father of a family to prevent damage (
is a Civil Law concept (Wikipedia Article 2180 NCC ); and
encyclopedia).
(e) That the cause of action has
ALTERNATIVE ANSWER: prescribed after the lapse 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).

Page 117 of 180

MULTIPLE CHOICE per capita, and not by right of

representation (Art 975, Civil Code)
QUESTIONS
I. (2) How much is Dante's share in the net
2013 Taxation Law Exam
estate? (1%)
MCQ (October 13, 2013) (A) P150,000.
(B) P200,000.
I. Armand died intestate. His full-blood (C) P300,000.
brothers, Bobby and Conrad, and half- (D) P400,000.
blood brothers, Danny, Edward and Floro, (E) None of the above.
all predeceased him. The following are the
surviving relatives: SUGGESTED ANSWER:
1. Benny and Bonnie, legitimate children of E. None of the above.
Bobby; There is no showing that Danny is an
2. Cesar, legitimate child of Conrad; illegitimate half-blood brother of
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. relationship is legitimate. Thus, Dante,
The net value of Armand's estate is an illegitimate child of Danny, is barred
Pl,200,000. from inheriting from Armand pursuant
WR WKH LURQ FXUWDLQ UXOH ZKLFK
I. (1) How much do Benny and Bonnie disqualifies an illegitimate child from
stand to inherit by right of representation? inheriting ab intestao from the
(1%) legitimate children and relatives of his
(A) P200,000 father or mother, and vice versa (Art
(B) P300,000 992, Civil Code).
(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:

Page 118 of 180

(A) 0 or (E) None of the above. Should the share of insolvent debtor C be
The legal relationship created by divided only between the two other
adoption is strictly between the adopter remaining debtors, A and B? (1%)
and the adopted. It does not extend to (A) Yes. Remission of D's share carries with
the relatives of either party (Sayson v. it total extinguishment of his obligation to
CA, G.R. Nos. 89224-25, Jan 23, 1992). the benefit of the solidary debtors.
1RWH(1RQHRIWKHDERYHLVDQRWKHU (B) Yes. The Civil Code recognizes remission
answer because Ernie has no share at as a mode of extinguishing an obligation.
all in the net estate). This clearly applies to D.
(C) No. The rule is that gratuitous acts
I. (4) How much is Felix's share in the net should be restrictively construed, allowing
estate? (1%) only the least transmission of rights.
(A) P400,000. (D) No, as the release of the share of one
(B) P150,000. debtor would then increase the burden of
(C) P300,000. the other debtors without their consent.
(D) P0.
(E) None of the above. SUGGESTED ANSWER:
(D). No, as the release of the share of one
SUGGESTED ANSWER: debtor would then increase the burden of
(D). 0. Or (E) None of the above. the other debtors without their consent.
In the collateral line, representation is When one of the solidary debtors cannot,
granted only to children of brother or because of his insolvency, reimburse his
sisters, Felix is a grandson of a share to the debtor paying the
predeceased brother. obligation, such share shall be borne by
1RWH ( 1RQH RI WKH DERYH LV DQRWKHU 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.

Page 119 of 180

Cacho, a good friend of Amador, guaranteed Basilio (the creditor) must first be
and obligated himself to pay Basilio, in case H[KDXVWHG
Amador fails to pay his loan at maturity. III. (2) If Amador sells his residential house
and lot to Diego, can Basilio foreclose the
III. (1) If Amador fails to pay Basilio his loan real estate mortgage? (1%)
on March 25, 2012, can Basilio compel
Cacho to pay? (1%) (A) Yes, Basilio can foreclose the real estate
mortgage because real estate mortgage
(A) No, Basilio cannot compel Cacho to pay creates a real right that attaches to the
because as guarantor, Cacho can invoke property.
the principle of excussion, i.e., all the (B) Yes, Basilio can foreclose the real
assets of Basilio must first be exhausted. estate mortgage. It is binding upon Diego
(B) No, Basilio cannot compel Cacho to as the mortgage is embodied in a public
pay because Basilio has not exhausted instrument.
the available remedies against Amador. (C) No, Basilio cannot foreclose the real
(C) Yes, Basilio can compel Cacho to pay estate mortgage. The sale confers
because the nature of Cacho's undertaking ownership on the buyer, Diego, who
indicates that he has bound himself must therefore consent.
solidarily with Amador. (D) No, Basilio cannot foreclose the real
(D) Yes, Basilio can compel Cacho who estate mortgage. To deprive the new owner
bound himself to unconditionally pay in of ownership and possession is unjust and
case Amador fails to pay; thus the benefit of inequitable.
excussion will not apply.
SUGGESTED ANSWER:
SUGGESTED ANSWER: (B) Yes, Basilio can foreclose the real
(B) No, Basilio cannot compel Cacho to estate mortgage. It is binding upon Diego
pay because Basilio has not exhausted as the mortgage is embodied in a public
the available remedies against Amador. instrument.
The guarantor cannot be compelled to Since the mortgage is in a public
pay the creditor unless the latter has instrument, there is constructive notice
exhausted all the property of the debtor to Diego, who is the buyer if the
and has resorted to all the legal remedies mortgaged property.
against the debtor (Art. 2058, Civil Code)
1RWH $ LV QRW WKH FRUUHFW DQVZHU ALTERNATIVE ANSWER:
EHFDXVH LW VWDWHV WKDW DOO WKH DVVHWV RI

Page 120 of 180

(C) No, Basilio cannot foreclose the real (D) No, Jose's refusal is not justified. The
estate mortgage. The sale confers expenses he incurred are useful for the
ownership on the buyer, Diego, who preservation of the thing loaned. It is
must therefore consent. Jose's obligation to shoulder these useful
The mortgage is not registered, thus, expenses.
cannot be binding against third persons
(Art. 2125, Civil Code) SUGGESTED ANSWER:
(D) No, Jose's refusal is not justified. The
IV. Cruz lent Jose his car until Jose expenses he incurred are useful for the
finished his Bar exams. Soon after Cruz preservation of the thing loaned. It is
delivered the car, Jose brought it to Jose's obligation to shoulder these useful
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 questions below based on these 1941, Civil Code).
common facts. The bailee, Jose, has no right of
retention on the ground that the bailor
IV. (1) After the bar exams, Cruz asked for owes him something, even if it may be
the return of his car. Jose said he would by reason of expenses. He can only
return it as soon as Cruz has reimbursed retain it if he suffers damages by reason
him for the car maintenance and repainting of a flaw or defect in the thing loaned of
costs of P 18,000. which the bailor knows (Art 1951, Civil
Is Jose's refusal justified? (1%) Code).
(A) No, Jose's refusal is not justified. In this
kind of contract, Jose is obliged to pay for IV. (2) During the bar exam month, Jose
all the expenses incurred for the lent the car to his girlfriend, Jolie, who
preservation of the thing loaned. parked the car at the Mall of Asia's open
(B) Yes, Jose's refusal is justified. He is parking lot, with the ignition key inside the
obliged to pay for all the ordinary and car. Car thieves broke into and took the
extraordinary expenses, but subject to car.
reimbursement from Cruz.
(C) Yes, Jose's refusal is justified. The Is Jose liable to Cruz for the loss of the car
principle of unjust enrichment warrants the due to Jolie's negligence? (1%)
reimbursement of Jose's expenses.

Page 121 of 180

(A) No, Jose is not liable to Cruz as the loss Securities and Exchange Commission,
was not due to his fault or negligence. designated L and 0 as managing partners; L
(B) No, Jose is not liable to Cruz. In the was liable only to the extent of his capital
absence of any prohibition, Jose could lend contribution; and P was not liable for
the car to Jolie. Since the loss was due to losses.
force majeure, neither Jose nor Jolie is In 2006, the partnership earned a net profit
liable. of P800,000. In the same year, P engaged in
(C) Yes, Jose is liable to Cruz. Since Jose a different business with the consent of all
lent the car to Jolie without Cruz's the partners. However, in 2007, the
consent, Jose must bear the consequent partnership incurred a net loss
loss of the car. of P500,000. In 2008,the partners dissolved
(D) Yes, Jose is liable to Cruz. The contract the partnership. The proceeds of the sale of
between them is personal in nature. Jose partnership assets were insufficient to
can neither lend nor lease the car to a third settle its obligation. After liquidation, the
person. partnership had an unpaid liability
ofP300,000.
SUGGESTED ANSWER:
(C) Yes, Jose is liable to Cruz. Since Jose V. (l) Assuming that the just and equitable
lent the car to Jolie without Cruz's share of the industrial partner, P, in the
consent, Jose must bear the consequent profit in 2006 amounted to P1 00,000, how
loss of the car. much is the share of 0, a limited partner, in
The bailee is liable for the loss of the the P800,000 net profit? (1%)
thing, even if it should be through a (A) P160,000.
fortuitous event if he lends or leases the (B) P175,000.
thing to a third person, who is not a (C) P280,000.
member of his household (Art 1942, Civil (D) P200,000.
Code). (E) None of the above.
V. In 2005, L, M, N, 0 and P formed a SUGGESTED ANSWER:

partnership. L, M and N were capitalist (C) P280,000.
partners who contributed P500,000 each, First, deduct the share of P from the
while 0, a limited partner, contributed P1 profits. P800,000 less P100,000 is
,000,000. P joined as an industrial partner, P700,000. Next, get the share of O by
contributing only his services. The Articles following the proportion that the shares
of Partnership, registered with the of L, M, N, O is 1:1:1:2, respectively.

Page 122 of 180

(B) No. P is not liable because there is a

V. (2) In 2007, how much is the share of 0, valid stipulation exempting him from
a limited partner, in the net loss losses. Since the other partners allowed
of P500,000? (1%) him to engage in an outside business
(A) P 0. activity, the stipulation absolving P from
(B) P1 00,000. liability is valid. For 0, it is basic that a
(C) P125,000. limited partner is liable only up to the
(D) P200,000. extent of his capital contribution.
(E) None of the above. (C) Yes. The stipulations exempting P and L
from losses are not binding upon the
SUGGESTED ANSWER: creditors. 0 is likewise liable because the
(D) P200,000 partnership was not formed in accordance
A limited partner shall not become liable with the requirements of a limited
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 in the losses shall be the partnership creditors.(E) None of the
proportionate to what he may have above is completely accurate.
contributed (Art 1797). (E) None of the above is completely
accurate.
V. (3) Can the partnership creditors hold L,
0 and Pliable after all the assets of the SUGGESTED ANSWER:
partnership are exhausted? (1%) (E) None of the above is completely
(A) Yes. The stipulation exempting P from accurate.
losses is valid only among the partners. L is VI. Gary is a tobacco trader and also a
liable because the agreement limiting his lending investor. He sold tobacco leaves to
liability to his capital contribution is not Homer for delivery within a month,
valid insofar as the creditors are concerned. although the period for delivery was not
Having taken part in the management of guaranteed. Despite Gary's efforts to deliver
the partnership, 0 is liable as capitalist on time, transportation problems and
partner. government red tape hindered his efforts
and he could only deliver after 30 days.

Page 123 of 180

Homer refused to accept the late delivery (D) No. Homer was not justified in refusing
and to pay on the ground that the agreed to accept the tobacco leaves. There was no
term had not been complied with. term in the contract but a mixed condition.
As lending investor, Gary granted a The fulfillment of the condition did not
Pl,000,000 loan to Isaac to be paid within depend purely on Gary's will but on other
two years from execution of the contract. As factors, e.g., the shipping company and the
security for the loan, Isaac promised to government. Homer should comply with his
deliver to Gary his Toyota Innova within obligation.
seven (7) days, but Isaac failed to do so.
Gary was thus compelled to demand SUGGESTED ANSWER:
payment for the loan before the end of the (B) No. Homer was not justified in
agreed two-year term. refusing to accept the tobacco leaves. He
consented to the terms and conditions
VI. (l) Was Homer justified in refusing to of the sale and must abide by it.
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. Gary anticipated other
ambiguous. factors which may prevent him from
(B) No. Homer was not justified in making the delivery within a month.
refusing to accept the tobacco leaves. He True enough, transportation problems
consented to the terms and conditions and government red tape did. Such
of the sale and must abide by it. slight delay was, thus, excusable.
Obligations arising from contract have Obligations arising from contract have
the force of law between the contracting the force of law between the contracting
parties. parties and should be complied with in
(C) Yes. Homer was justified in his refusal good faith (Art. 1160, Civil Code)
to accept the delivery. The contract
contemplates an obligation with a term. VI. (2) Can Gary compel Isaac to pay his
Since the delivery was made after 30 days, loan even before the end of the two-year
contrary to the terms agreed upon, Gary period? (1%)
could not insist that Homer accept the
tobacco leaves.

Page 124 of 180

(A) Yes, Gary can compel Isaac to Under Art 1198 (2) of the Civil Code, the
immediately pay the loan. Non- debtor shall lose every right to make use
compliance with the promised guaranty of the period when he does not furnish
or security renders the obligation to the creditor the guaranties or
immediately demandable. Isaac lost his securities which he has promised.
right to make use of the period.
(B) Yes, Gary can compel Isaac to VII. Lito was a commercial pilot who flew for
immediately pay the loan. The delivery of Pacific-Micronesian Air. In 1998, he was
the Toyota Innova is a condition for the the co-pilot of the airline's Flight MA916
loan. Isaac's failure to deliver the car that mysteriously disappeared two hours
violated the condition upon which the loan after take-off from Agana, Guam,
was granted. It is but fair for Gary to presumably over the Pacific Ocean. No trace
demand immediate payment. of the plane and its 105 passengers and
(C) No, Gary cannot compel Isaac to crew was ever found despite diligent search;
immediately pay the loan. The delivery of Lito himself was never heard of again. Lito
the car as security for the loan is an left behind his wife, Lita, and their two
accessory contract; the principal contract is children.
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) No, Gary cannot compel Isaac to now have a child of their own.
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 for Isaac to pay she was sure it was Lito because of the
the P1,000,000 simply because the extreme surprise that registered in his face
promised security was not delivered. when he also saw her. Shocked, she
immediately fled to her hotel and post haste
SUGGESTED ANSWER: returned to the country the next day. Lita
(A) Yes, Gary can compel Isaac to now comes to you for legal advice. She asks
immediately pay the loan. Non- you the following questions:
compliance with the promised guaranty
or security renders the obligation VII. (l) If Lito is alive, what is the status of
immediately demandable. Isaac lost his his marriage to Lita? (1%)
right to make use of the period.

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(A) The marriage subsists because the (B) The marriage is valid. After an absence
marital bond has not been terminated by of more than 10 years, Lito is already
death. presumed dead for all purposes.
(B) The marriage was terminated when Lita (C) The marriage is void. Lito's mere
married Jaime. absence, however lengthy, is insufficient to
(C) The marriage subsists because Lita's authorize Lita to contract a subsequent
marriage to Jaime is void. marriage.
(D) The marriage is terminated because Lito (D) The marriage is void. If Lito is indeed
is presumed dead after his plane has been alive, his marriage to Lita was never
missing for more than 4 years. dissolved and they can resume their marital
(E) The marriage can be formally declared relations at any time.
terminated if Lito would not resurface.
SUGGESTED ANSWER:
SUGGESTED ANSWER: Any answer is correct.
(C) The marriage subsists because Lita's Under Art 390 of the Civil Code, after an
marriage to Jaime is void. absence of seven years, it being
For the purpose of contracting the unknown whether or not the absentee
subsequent marriage under Art 41 of the still lives, he shall be presumed dead doe
Family Code, the spouse present must all purposes, except for those of
institute a summary proceeding as succession. This provision was 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 the reappearance of the absent (D) may also be correct under Art 41 of
spouse. the Family Code.
VIII.Which of the following actions or

VII. (2) If Lito is alive, what is the status of defenses are meritorious: (1%)
Lita's marriage to Jaime? (1%)
(A) An action for recovery of down
(A) The marriage is valid because Lita's payment paid under a rescinded oral sale
marriage to Lito was terminated upon Lito's of real property.
disappearance for more than seven years. (B) A defense in an action for ejectment that
the lessor verbally promised to extend or
renew the lease.

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(C) An action for payment of sum of money

filed against one who orally promised to ALTERNATIVE ANSWER:
answer another's debt in case the latter (E) None of the above.
defaults. (a) The recovery of the down payments
(D) A defense in an action for damages that should be made in the same action for
the debtor has sufficient, but unliquidated rescission. Otherwise, it would be a
assets to satisfy the credit acquired when it ground for dismissal under Rule 2, Sec 4
becomes due. of Rules of Court.
(E) None of the above. (b) Lease of a real property is covered by
the Statute of Frauds. Furthermore, it
SUGGESTED ANSWER: also consists of interest in real property.
(A) An action for recovery of down Hence, it must be in writing. (Art 1403,
payment paid under a rescinded oral sale Civil Code)
of real property. (c) A contract of guaranty is a promise to
An oral sale of real property is an answer for the debt of another and
unenforceable contract under 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) The fact that a debtor has
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
DFFRXQWRIWKHYHQGRUVIDLOXUHWRGHOLYHU 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 refuses to return the down possible answer.
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 time. Instead of selling the
indebiti. jewelries, Aida pawned them with the

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Tambunting Pawnshop, and used the (C) I will rule in favor of Tambunting. Its
money for herself. Aida failed to redeem the good faith takes precedence over the right
pawned jewelries and after a month, Betty of Betty to recover the jewelries.
discovered what Aida had done. Betty (D) I will rule in favor of Tambunting. Good
brought criminal charges which resulted in faith is always presumed. Tambunting's
Aida's conviction for estafa. lawful acquisition in the ordinary course of
business coupled with good faith gives it
Betty thereafter filed an action against legal right over the jewelries.
Tambunting Pawnshop for the recovery of
the jewelries. Tambunting raised the SUGGESTED ANSWER:
defense of ownership, additionally arguing (A) I will rule in favor of Betty. My ruling
that it is duly licensed to engage in the is based on the Civil Code provision that
pawnshop and lending business, and that it one who has lost any movable or has
accepted the mortgage of the jewelry in been unlawfully deprived thereof may
good faith and in the regular course of its recover it from the person in possession
business. of the same. Tam bunting's claim of good
faith is inconsequential.
If you were the judge, how will you decide
the case? (1%) Although possession of movable property
acquired in good faith is equivalent to a
(A) I will rule in favor of Betty. My ruling title, nevertheless, one who has lost any
is based on the Civil Code provision that movable or has been unlawfully deprived
one who has lost any movable or has thereof may recover it from the person
been unlawfully deprived thereof may in possession of the same. Betty has
recover it from the person in possession been deprived unlawfully of her jewelries
of the same. Tam bunting's claim of good by the estafa committed by Aida. The
faith is inconsequential. pledge of the said jewelries by Aida to
(B) I will rule in favor of Betty. Tambunting pawnshop is void because
Tambunting's claim of good faith pales into the pledgor is not the owner (Art 2085
insignificance in light of the unlawful &LYLO &RGH 7DPEXQWLQJV FODLP RI
deprivation of the jewelries. However, equity good faith is inconsequential, because,
dictates that Tambunting must 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
retain the jewelries until reimbursed by

Page 128 of 180

Betty the amount of loan including If you were the judge, would you grant
interest (Art 559, Civil Code). Arlene's motion? (1%)
The only exception the law allows is (A) Yes, I will grant the motion because the
when there is acquisition in good faith of lease contract between Arlene and Janet
the possessor at a public sale, in which was not in writing, hence, Janet may not
case, the owner cannot obtain its return enforce any right arising from the same
without reimbursing the price (Dizon v. contract.
Suntay, 47 SCRA 160, Sept 29, 1972). (B) No, I will not grant the motion because
to allow Arlene to retain the advance
X. Arlene owns a row of apartment houses payments would amount to unjust
in Kamuning, Quezon City. She agreed to enrichment.
lease Apartment No. 1 to Janet for a period (C) Yes, I will grant the motion because the
of 18 months at the rate of P10,000 per action for recovery is premature; Janet
month. The lease was not covered by any should first secure a judicial rescission of
contract. Janet promptly gave Arlene two the contract of lease.
(2) months deposit and 18 checks covering (D) No. I will not grant the motion
the rental payment for 18 months. This because the cause of action does not
show of good faith prompted Arlene to seek to enforce any right under the
promise Janet that should Arlene decide to contract of lease.
sell the property, she would give Janet the
right of first refusal. SUGGESTED ANSWER:
X. (1) Not long after Janet moved in, she (D) No. I will not grant the motion
received news that her application for a because the cause of action does not
Master of Laws scholarship at King's seek to enforce any right under the
College in London had been approved. contract of lease.
Since her acceptance of the scholarship Janet is not asking for the continued use
entailed a transfer of residence, Janet of the leased premises. Moreover, the
asked Arlene to return the advance rental contract is aside the ambit of the
payments she made. Arlene refused, Statute of Frauds as the same has
prompting Janet to file an action to recover already been partially performed.
the payments. Arlene filed a motion to
dismiss, claiming that the lease on which X. (2)Assume that Janet decided not to
the action is based, is unenforceable. accept the scholarship and continued
leasing Apartment No. 1. Midway through

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the lease period, Arlene decided to sell Frauds under Art 1403 (2)(e) of the Civil
Apartment No. 1 to Jun in breach of her Code. It must be in writing in order to be
promise to Janet to grant her the right of enforceable.
first refusal. Thus, Janet filed an action
seeking the recognition of her right of first
refusal, the payment of damages for the 2012 Taxation Law Exam
violation of this right, and the rescission of
MCQ (October 14, 2012)
the sale between Arlene and Jun.
1. Which of the following is NOT included in

Is Janet's action meritorious? (1%)
the attributes of juridical capacity?
a) Juridical capacity is inherent in
(A) Yes, under the Civil Code, a promise to
every natural person, and therefore
buy and sell a determinate thing is
it is not acquired.
reciprocally demandable.
b) Juridical capacity is lost only
(B) No, the promise to buy and sell a
through death.
determinate thing was not supported by a
c) Juridical capacity is the fitness to
consideration.
be the subject of legal relations.
(C) Yes, Janet's right of first refusal was
d) Juridical capacity cannot exist
clearly violated when the property was not
without capacity to act.
offered for sale to her before it was sold to
Jun.
2. Which of the following is NOT a
(D) No, a right of first refusal involves an
UHVWULFWLRQRQRQHVFDSDFLW\WRDFW"
interest over real property that must be
a) Minority
embodied in a written contract to be
b) Marriage
enforceable.
c) Deaf-mute
(E) None of the above.
d) Civil Interdiction
SUGGESTED ANSWER:
SUGGESTED ANSWER:
(D) No, a right of first refusal involves an
This question should be disregarded.
interest over real property that must be
(NOTE: There is no correct answer among
embodied in a written contract to be
the choices given. All choices are restrictions
enforceable.
RQ RQHV FDSDFLW\ WR DFW :KLOH 0DUULDJH LV
The right of first refusal involves a
the only one not mentioned in Articles 38
transfer of interest in the real property.
and 39 of the NCC as a restriction on
As such, it is covered by the Statute of

Page 130 of 180

capacity to act, it restricts the capacity of a b) Yes, the will is not valid under
married person in cases of adoption.) Philippine law.
c) No, attestation clause is not an
3. This attribute or incident of a case act of the testator.
determine whether it is a conflict-of-laws d) No, the governing law is
case or one covered by domestic law. Spanish law.
a) Cause of action
b) Foreign element Note: The facts do not state the Law
c) Jurisdiction observed by the testator in executing his
d) Forum non conveniens will. He could have observed Spanish Law
or Philippine Law (see comment of Tolentino
4. The capacity of an heir to succeed shall to Art. 815 NCC in 3Tolentino117, 1992). If
be governed by the: he observed Spanish Law, the opposition is
D QDWLRQDO ODZ RI WKH GHFHGHQWV not correct because the will is valid under
heirs Spanish Law, hence choice (d) is the correct
b) law of the country where the answer. If he observed Philippine Law, the
decedent was a resident at the time opposition is still not correct because
of his death Philippine Law does not require the testator
c) national law of the person who to sign the Attestation Clause of his will,
died said clause not being his act. In such case,
d) law of the country where the choice (c) is the correct answer).
properties of the decedent are
located. 6. Ramon, a Filipino, executed a will in
Manila, where he left his house and located
5. Atty. BUKO, a Filipino, executed a will in BP Homes Paraaque in favor of his
while he was in Spain. The attestation )LOLSLQR VRQ 5DPJHQ 5DPRQV RWKHU
clause of the said will does not contain children RJ and Ramona, both Turkish
%XNRV signature. It is valid under Spanish nationals, are disputing the bequest to
law. At its probate in Manila, it is being Ramgen. They plotted to kill Ramgen.
opposed on the ground that the attestation Ramon learned of the plot, so he tore his
FODXVH GRHV QRW FRQWDLQ %8.2V VLJQDWXUH will in two pieces out of anger. Which
Is the opposition correct? Choose the best statement is most accurate?
answer.. a) The mere act of Ramon Sr. is
a) Yes, because it is a fatal defect. immaterial because the will is still
readable.

Page 131 of 180

b) The mere act of tearing the will

amounts to revocation. 9. A Japanese national and a Filipino
c) The tearing of the will may national entered into a contract for services
amount to revocation if coupled in Thailand. The services will be rendered
with intent of revoking it. in Singapore. In case of breach, what law
d) The act of tearing the will is will govern?
material. a) Thailand law
b) Philippine law
7. Even if the applicable law is a foreign c) Singapore law
law, a count in the Philippines may be d) Japanese law
constrained to apply Philippine law under
any of the following instances, except: 10. Pedro (Filipino) and his wife Jane
a) when the foreign law, judgment or (American) executed a joint will in Canada,
contract is contrary to a sound and where such joint will is valid. In case the
important public policy of the joint will is probated in Japan, what law
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 11. A French national revokes his will in
procedural in nature. 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 a Filipino citizen but became Japan is valid under Japanese law but
naturalized Japanese citizen at the time of invalid under Philippine law. The affected
his death, what law will govern its heir is a Malaysian national residing in the
testamentary provisions if the will is Philippines. What law will apply?
executed in China and the property being a) Japanese law
disposed is located in Indonesia? b) Philippine law
a) Chinese law c) French law
b) Philippine law d) Malaysian law
c) Indonesia law
d) Japanese law

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12. In the absence of contrary stipulation in obligation, but Bill fails or refuses to pay,
a marriage settlement, property relations of what law will govern?
Filipino spouses shall be governed by --- a) American law
a) Philippines laws b) Philippine law
b) Law of the place where the c) Australian law
spouses reside d) Japanese law
c) Law of the place where the (Facts for item numbers 15-18)
properties are situated In 1989, Charice (Filipina) and Justine
d) Law of the place where they were (American), were married in the Philippines.
married. In 1990, they separated and Justine went
to Las Vegas where he obtained a divorce in
13. The will of a Filipino executed in a the same year. He then married another
foreign country --- Filipina, Lea, in Canada on January 1,
a) cannot be probated in the 1992. They had two (2) sons, James and
Philippines; John (who were both born in 1992). In
b) may be probated 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 probated in the
Philippines provided it 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 into a contract in Australia, d) Dissolved
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, and in payment for 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. In case Pedro performs his the capacity to contract a second marriage, it

Page 133 of 180

is believed that the dissolution of the first examinations unless he marries Princess.
marriage us the necessary consequence of As a consequence of the threat, Ricky
the foreign divorce.) married Princess. Can the marriage be
annulled on the ground of intimidation
16. What id the status of the marriage under Article 45 of the Family Code?
between Charice and Bugoy under Choose the best answer.
Philippine laws? a) Yes, because without the threat,
a) Valid Ricky would not have married
b) Void Princess.
c) Voidable b) Yes, because the threat to enforce
d) Unenforceable the claim of Princess vitiates the
consent of Ricky in contracting the
17. What is the status of the marriage marriage.
between Charice and Bugoy under c) No, because the threat made by
Philippine laws? Marforth is just and legal.
a) Valid d) No, because Marforth is not a
b) Void party to the contract of marriage
c) Voidable between Princess and Ricky.
d) Unenforceable
20. Audrey, single, bought a parcel of land
18. What is the status of the marriage in Malolos City from Franco for P 1Million.
between Regine and James under A contract was executed between them
Philippine laws? which already vested upon Audrey full
a) Valid ownership of the property, although
b) Void payable in monthly installments for a
c) Voidable period of four (4) years. One (1) year after
d) Unenforceable the execution of the contract, Audrey got
married to Arnel. They executed a marriage
19. Ricky and Princess were sweethearts. settlement whereby they agreed that their
Princess became pregnant. Knowing that properties shall be governed by the regime
Ricky is preparing for the examinations, of conjugal partnership of gains. Thereafter,
Marforth, a lawyer and cousin of Princess, subsequent installments were paid from the
threatened Ricky with the filing of a conjugal partnership funds. Is the land
complaint for immorality in the Supreme conjugal or paraphernal?
Court, thus preventing him from taking

Page 134 of 180

a) The land is conjugal because the the laws of such consular official. Under
installments were paid from the Philippine law, what is the status of the
conjugal partnership funds. marriage of Agay and Topacio? Choose the
b) The land is paraphernal best answer.
because ownership thereof was a) Void, because the consular
acquired before the marriage. official only has authority to
c) The land is both conjugal and solemnize marriages between
paraphernal funds of installments Filipinos.
were paid from both the personal b) Valid, because according to the
funds of Audrey and the conjugal laws of Australia, such consular
partnership funds. official has authority to celebrate the
d) The land is paraphernal because marriage.
it was Audrey who purchased the c) Voidable, because there is an
same. irregularity in the authority of the
consular official to solemnize
21. Ernesto donated a mobile phone marriages.
worth P 32,000 to Hubert orally and d) Valid, because such marriage is
delivered the unit to Hubert who accepted. recognized as valid in the place
Which statement is most accurate? where it was celebrated.
a) The donation 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 citizen, got married in the answers wrong).
consular office of the Philippines in
Australia. According to the laws 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.

Page 135 of 180

b) If one of the spouses has given b) No trial shall be held without the
ground for legal separation. 6-month cooling off period being
c) Upon order of the court. observed.
d) If one spouse has abandoned the c) The spouses will be entitled to live
other. separately upon the start of the
trial.
24. The husband may impugn the d) The prosecuting attorney has
legitimacy of his child but not on the to conduct his own investigation.
ground that:
a) the wife is suspected of 27. A husband by chance discovered
infidelity. hidden treasure on the paraphernal
b) the husband had a serious illness property of his wife. Who owns the
that prevented him from engaging in discovered treasure?
sexual intercourse. a) The half pertaining to the
c) they were living apart. husband (finder) belongs to the
d) he is physically incapable of conjugal partnership.
sexual intercourse. b) The half pertaining to the wife (as
owner) belongs to the conjugal
25. A marriage is void if: partnership.
a) solemnized with a marriage c) One half shall belong to the
license issued without complying husband as finder and the other
with the required 10-day posting. half shall belong to the wife as
b) solemnized by a minister whom owner of the property.
the parties believe to have the d) a and b
authority.
c) between parties both 23 years of 28. Which of the following marriages is void
age but without parental advice. for reasons of public policy?
d) none of the above a) Between brothers and sisters,
whether of the full or half blood.
26. In legal separation, which is not b) Between step-parents and step
correct? children.
a) The aggrieved spouse may file the c) Between parents-in-law and
action within five (5) years from the children-in-law.
time of the occurrence of the cause. d) b and c

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29. The following constitute the different a) Children conceived or born

circumstances or case of fraud which will outside a valid marriage.
serves as ground for the annulment of a b) Children born under a valid
marriage, except? marriage, which was later declared
a) Non-disclosure of the previous void because of the psychological
conviction by final judgment of the incapacity of either or both of the
other party of a crime involving spouses.
moral turpitude. c) Children conceived and born
b) Concealment of a sexually- outside a valid marriage.
transmissible disease, regardless of d) Children born under a valid
its nature, existing at the time of the marriage, but the parents later
marriage. obtained a legal separation.
c) Concealment of drug addiction,
habitual alcoholism, homosexuality 32. An illegitimate child may use the
or lesbianism existing at the time of surname of his father when his filiation is
marriage. established in any of the following
d) Concealment by the wife or the instances, except:
husband of the fact of sexual a) Filiation has been recognized by
relations prior to the marriage. the father through the record of
birth appearing in the civil register
30. Which of the following is not a requisite b) Admission of filiation by the
for a valid donation propter nuptias? father in a public document.
a) The donation must be made c) Private handwritten instrument is
before the celebration of the made by the father acknowledging
marriage. his filiation.
b) The donation shall be d) Affidavit by the mother stating
automatically revoked in case of the name of his true father.
non-celebration of the marriage.
c) The donation must be made in 33. Under RA 8043, an adopter is required
consideration of the marriage. to be at least ____ years old and ____ years
d) The donation must be made in older than the child to be adopted at the
favor of one or both of the future time of the application unless the adopter is
spouses. the parent by nature of the child.
a) 30 and 15
31. Who are illegitimate children? b) 27 and 16

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c) 50 and 10 d) Subjects the child or allows him

d) 18 and 15 to be subjected to acts of
lasciviousness.
34. Under RA 8043, a child qualified to be
adopted is any person below _____ years 37. Which of the following statements
old. is wrong?
a) 18 a) The possessor in bad faith shall
b) 21 reimburse the fruits received and
c) 15 those which the legitimate possessor
d) 16 could have received.
b) The possessor in bad faith has
35. Which of the following DOES NOT right of reimbursement for
result in permanent termination of parental necessary expenses and those for
authority? the production, gathering and
a) Death of the parents. preservation of the fruits.
b) Death of the child. c) The possessor in bad faith is not
c) Emancipation of the child. entitled to a refund of ornamental
d) Conviction of the parents of a expenses.
crime which carries with it the d) The possessor in bad faith is
penalty of civil interdiction. entitled to a refund of useful
expenses.
36. The court, in an action filed for the
purpose, may suspend parental authority if 38. Which phrase most accurately
the parent or the person exercising parental completes the statement The expenses
authority commits any of the following incurred in improvements for the luxury or
acts, except: mere pleasure shall not be refunded to thew
a) Treats the child with excessive 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.

Page 138 of 180

b) and he may not remove the of the dominion over the property as owner.
objects for which such expenses What action is being referred to?
have been incurred. a) Accion publiciana
c) and he may not remove the b) Accion reinvindicatoria
objects for which such expenses c) Accion interdictal
have been incurred, unless he pays d) Quieting of Title
the value they may have at the time
he entered into possession. 42. A summary action to recover physical
d) but he may remove the objects for or material possession only and must be
which such expenses have been brought within one (1) year from the time
incurred. the cause of action arises. What action is
being referred to?
39. The following are the limitations on the a) Accion publiciana
right of ownership imposed by the owner b) Accion reinvindicatoria
himself, except: c) Accion interdictal
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 of real estate, upon mere b) vehicles and weapons of the
allegation and proof 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 question should be disregarded
c) Accion interdictal because there is no correct answer.
d) Quieting of Title (Note: At first glance, one gets the impression
that vehicles and weapons of the AFP are
41. Action to recover real property based on not property of the public domain. But they
ownership. Here, the object is the recovery are actually property of the public dominion
under the second paragraph of Art 420 of

Page 139 of 180

the NCC. Property of the state which are not a) the donee accepts the donation.
for public use but are intended for some b) the donor executes the deed of
public service are properties of the public donation.
dominion. While the vehicles and weapons of c) the donor knoZVRIWKHGRQHHV
the AFP are not for public use, they are used acceptance even if the latter has
for the defense of the State which is a public not received the copy of the deed
service.) of donation.
d) the donee confirms that the donor
44. Which of the following statements KDVOHDUQHGWKHIRUPHUVDFFHSWDQFH
is wrong?
a) patrimonial property of the 47. The following are the elements of an
state, when no longer intended obligation, except:
for public use or for public a) Juridical/Legal Tie
service, shall become property of b) Active subject
public dominion. c) Passive subject
b) all property of the State, which is d) Consideration
not of public dominion, is
patrimonial property. 48. It is a conduct that may consist of
c) The property of provinces, cities giving, doing, or not doing something.
and municipalities is divided into a) Obligation
property for public use and b) Juridical necessity
patrimonial property. c) Prestation
d) Property is either of public d) Contract
dominion or of private ownership. 49. It is a juridical relation arising
from lawful, voluntary and unilateral acts
45. The following cannot ask for the based on the principle that no one should
reduction of inofficious donation, except: unjustly enrich himself at the expense of
a) Creditors of the deceased another.
b) Devisees or legatees a) Quasi-contract
c) Compulsory heirs of the donor b) Quasi-delict
d) The surviving spouse of the c) Cotract
donee. d) Delict
46. Donation is perfected from the moment 50. The following are the elements of quasi-
--- delict, except:

Page 140 of 180

a) Act or omission 54. It is an international evasion of the

b) Fault/negligence faithful performance of the obligation.
c) Damage/injury a) Negligence
d) Pre-existing contract b) Fraud
c) Delay
51. A debtor is liable for damages in case of d) Mistake
delay if he is guilty of any of the
following, except: 55. The following are the requisites of
a) default (mora) fortuitous event, except:
b) mistake a) Cause is independent of the will
c) negligence (culpa) of the debtor.
d) breach through contravention of b) The event
the tenor thereof is unforeseeable/unavoidable.
c) Occurrence renders it absolutely
52. This term refers to a delay on the part impossible for the debtor to fulfill his
of both the debtor and creditor in reciprocal obligation in a normal manner;
obligations. impossibility must be absolute not
a) Mora accipiendi partial, otherwise not force majeure.
b) Mora solvendi d) Debtor contributed to the
c) Compensation morae aggravation of the injury to the
d) Solution indibiti creditor.
53. The following are the requisites of mora 56. A debtor may still be held liable for loss
solvendi, except: or damages even if it was caused by a
a) Obligation pertains to the debtor fortuitous event in any of the following
and is determinate, due, instances, except:
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.

Page 141 of 180

d) The creditor is guilty of fraud, c) No, because a motion to dismiss

negligence or delay or if he is a prohibited pleading.
contravened the tenor of the d) Yes, because Fermin and Toti
obligation. should also pay their share of the
obligation.
57. Buko, Fermin and Toti bound
themselves solidarily to pay Ayee the 59. Buko, Fermin and Toti are solidarily
amount of P 5,000.00. Suppose Buko paid debtors of Ayee. Twelve (12) years after the
the obligation, what is his right as against obligation became due and demandable,
his co-debtors? Buko paid Ayee and later on asked for
a) Buko cas ask for UHLPEXUVHPHQW RI )HUPLQV DQG 7RWLV
reimbursement from Fermin and shares. Is Buko correct? Why?
Toti. a) No, because the obligation has
b) Buko can sue Fermin and Toti for already prescribed.
damages. b) Yes, because the obligation is
c) Buko can sue for rescission. solidary.
d) Buko can claim a refund from c) No, because in solidary obligation
Ayee. any one of the solidary debtors can
pay the entire debt.
58. Buko, Fermin and Toti bound d) Yes, because Fermin and Toti will
themselves solidarily to pay Ayee the sum be unduly enriched at the expense
of P 10,000.00. When the obligation became of Buko.
due and demandable, Ayee sued Buko for
the payment of the P 10,000.00. Buko 60. Buko, Fermin and Toti are solidary
moved to dismiss on the ground that there debtors under a loan obligation
was failure to implead Fermin and Toti who of P 300,000.00 which has fallen due. The
are indispensable parties. Will the motion FUHGLWRU KDV KRZHYHU FRQGRQHG )HUPLQV
to dismiss prosper? Why? entire share in the debt. Since Toti has
a) Yes, because Fermin and Toti become insolvent, the creditor makes a
should have been impleaded as their demand on Buko to pay the debt. How
obligation is solidary. much, if any, may Buko be compelled to
b) No, because the creditor may pay?
proceed against any one of the a) P 200.000.00
solidary debtors or some or all of b) P 300,000.00
them simultaneously. c) P 100,000.00

Page 142 of 180

d) P 150,000.00 d) That they be liquidated and

demandable.
61. Dina bought a car from Jai and
delivered a check in payment of the same. 63. Which of the following statements
Has Dina paid the obligation? Why? is correct?
a) No, not yet. The delivery of a) All contracts are perfected by
promissory notes payable to mere consent.
order, or bills of exchange or b) All contracts are perfected by
other mercantile documents shall delivery of the object.
produce the effect of payment c) All contracts are required to be in
only when they have been cashed, writing.
or when through the fault of the d) All contracts are required to
creditor they have been impaired. have a valid consideration.
b) Yes, because a check is a valid
legal tender of payment. 64. It is a principle which holds that parties
c) It depends. If the check is a are bound not only by what has been
PDQDJHUV FKHFN RU FDVKLHUV FKHFN expressly provided for in the contract but
it will produce the effect of payment. also to the natural consequences that flow
,I LWV DQ RUGLQDU\ FKHFN QR out of such agreement.
payment. a) Obligatory force of contracts
d) Yes, because a check is as good b) Mutuality of contracts
as cash. c) Autonomy of contracts
62. The following are the requisites of legal d) Relativity of contracts
compensation, except:
a) That each of the obligors is bound 65. It is a principle which holds that
principally and that he be the same contracts must be binding to both parties
time a principal creditor of the and its validity and effectivity can never be
other. left to the will of one of the parties.
b) That both debts consist in a sum a) Obligatory force of contracts
of money, or if the things due are b) Mutuality of contracts
consumable, they be the same kind, c) Autonomy of contracts
and also of the same quality if the d) Relativity of contracts
latter has been stated.
c) That the two (2) debts are not 66. It refers to the rule that a contract
yet due. is binding not only between

Page 143 of 180

parties but extends to the heirs, successors b) Acceptance of the offer by the
in interest, and assignees of the offeree.
parties, provided that the contract involved c) Qualified/conditional acceptance
transmissible rights by their nature, or by of the offer, which becomes counter-
stipulation or by law. offer.
a) Obligatory force of contracts d) Subject matter becomes
b) Mutuality of contracts illegal/impossible before acceptance
c) Autonomy of contracts is communicated.
d) Relativity of contracts
70. Which of the following statements
67. It is rule which holds that the freedom is correct?
of the parties to contract includes the a) Offers in interrelated contracts
freedom to stipulate, provided the are perfected upon consent.
stipulations are not contrary to law, morals, b) Offers in interrelated contracts
good customs, public order or public policy. require a single acceptance.
a) Obligatory force of contracts c) Business advertisements
b) Mutuality of contracts are definite offers that require
c) Autonomy of contracts specific acceptance.
d) Relativity of contracts d) Advertisements for Bidders
are only invitations to make
68. The following are the ways by which proposals and the advertiser is
innominate contracts are not bound to accept the
regulated, except: highest/lowest bidder, unless it
a) By the stipulation of the parties. appears otherwise.
b) By the general principles of
quasi-contracts and delicts 71. The following are solemn
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. a) Donations of real estate or of
69. An offer becomes ineffective on any of movables if the value
the following grounds, except: exceeds P 5,000.00.
a) Death, civil interdiction, 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).

Page 144 of 180

d) Construction contract of a 74. The following are the characteristics of

building. a voidable contract, except:
a) Effective until set aside.
72. The following are rescissible b) May be assailed/attacked only in
contracts, except: an action for that purpose.
a) Entered into by guardian c) Can be confirmed or ratified.
whenever ward suffers damage more d) Can be assailed only by either
than of value of property. party.
b) Agreed upon in representation of
absentees, if absentee suffers lesion 75. The following are void
by more than of value of property. contracts, except:
c) Contracts where fraud is a) Pactum commissorium
committed on creditor (accion b) Pactum de non alienando
pauliana). c) Pactum leonina
d) Contracts entered into by d) Pacto de retro
minors.
76. The borrower in a contract of loan or
73. The following are the requisites before a mutuum must pay interest to the lender.
contract entered into in fraud of creditors a) If there is an agreement in
may be rescinded, except: writing to the effect.
a) There must be credited existing b) As a matter of course.
prior to the celebration of the c) If the amount borrowed is very
contract. large.
b) There must be fraud, or at least, d) If the lender so demands at the
the intent to commit fraud to the maturity date.
prejudice of the creditor seeking
rescission. 77. The liability of the school, its
c) The creditor cannot in any legal administrators and teachers, or the
manner collect his credit (subsidiary individual, entity or institution engaged in
character of rescission) child care over the minor child or damage
d) The object of the contract must caused by the acts or omissions of the
be legally in the possession of a unemancipated minor while under their
3rd person in good faith. supervision, instruction or custody shall be:
a) Joint and subsidiary
b) Principal and solidary

Page 145 of 180

c) Principal and joint b) quasi-contract

d) Subsidiary and solidary. c) civil
d) natural
78. The creditor has the right to the fruits
of the thing from the time: 83. Consent was given by one in
a) the thing is delivered. representation of another but without
b) the obligation to deliver the authority. The contract is:
things arises. a) voidable
c) the contract is perfected. b) rescissible
d) the fruits are delivered. c) void
d) unenforceable
79. If one of the parties to the contract is 84. Michael Fermin, without the authority
without juridical capacity, the contract is: of Pascual Lacas, owner of a car, sold the
a) voidable same car in the name of Mr. Lacas to Atty.
b) rescissible Buko. The contract between Atty. Buko and
c) void Mr. Lacas is ---
d) unenforceable a) void because of the absence of
consent from the owner, Mr. Lacas.
80. When both parties to the contract are b) valid because all of the essential
minors, the contract is: requisites of a contract are present.
a) voidable c) unenforceable because Michael
b) rescissible Fermin had no authority but he
c) void sold the car in the name of Mr.
d) unenforceable Lacas, the owner.
d) rescissible because the contract
81. When the consent of one of the parties caused lesion to Atty. Buko.
was vitiated, the contract is:
a) voidable 85. Which of the following contracts is void?
b) rescissible a) An oral sale of a parcel of land.
c) void b) A sale of land by an agent in a
d) unenforceable public instrument where his
authority from the principal is
82. An obligation which is based on equity oral.
and natural law is known as: c) A donation of a wrist watch
a) pure worth P 4,500.00.

Page 146 of 180

d) A relatively simulated contract for fulfillment of the obligation even

if he has not tendered payment of
86. Which of the following expresses a the purchase price.
correct principle of law? Choose the best c) The contract between the parties
answer. is rescissible.
a) Failure to disclose facts when d) The contract between the
there is a duty to reveal them, does parties is subject to ratification
not constitute fraud. by the parties.
b) Violence or intimidation does not
render a contract annullable if 88. Which of the following statements
employed not by a contracting party is wrong?
but by a third person. a) Creditors are protected in cases of
F $ WKUHDW WR HQIRUFH RQHV FODLP contracts intended to defraud them.
through competent authority, if the b) Contracts take effect only
claim is legal or just, does not vitiate between the parties, their assign
consent. and heirs, except in case where the
d) Absolute simulation of a rights and obligations arising from
contract always results in a void the contract are not transmissible
contract. by their nature, or by stipulation or
by provision of law.
87. Aligada orally offered to sell his two- c) If a contract should contain some
hectare rice land to Balane for P 10Million. stipulation in favor of a third
The offer was orally accepted. By person, he may demand its
agreement, the land was to be delivered fulfillment provided he
(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 from their oral agreement. d) In contracts creating real
Which statement is most accurate? 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 contract are not bound
payment by Balane, the latter may thereby.
not successfully sue 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:

Page 147 of 180

a) shall be liable for damages only if

he is a party to the same contract. 93. The attestation clause contains the
b) shall be liable for damages to following, except:
the other contracting party. a) the number of pages used;
c) shall not be liable for damages to b) that the testator signed or caused
the other contracting party. another to sign the will and every
d) shall not be liable for damages if page thereof in the presence of the
the parties are in pari delicto. instrumental witnesses;
c) notary public;
90. The requisites of succession are as d) the instrumental witnesses
follows, except: witnessed and signed the will and
a) Death of decedent all the pages thereof in the presence
b) Transmissible estate of the testator and one another.
c) Existence and capacity of
successor, designated by decedent 94. The following are the formalities
or law required in the execution of holographic
d) Payment of Taxes will, except:
a) Entirely written;
91. The characteristics of succession are as b) Dated;
follows, except: c) Signed by testator himself
a) It is a legal contract. d) Notarized by a notary public.
b) Only property, rights and
obligations to the extent of the value 95. The following are the grounds for
of the inheritance are transmitted. disallowance of wills, except:
c) The transmission takes place only a) The formalities required by law
at the time of death. have not been complied with.
d) The transmission takes place b) The testator was insane or
either by will or by operation of law. mentally incapable of making will.
c) The will was executed through
92. The following rights are extinguished by force or under duress, or influence
death, except: of fear or threats.
a) Legal support d) The will contains an attestation
b) Parental authority clause.
c) Right to inherit
d) Agency

Page 148 of 180

,WLVWKHRPLVVLRQLQWKHWHVWDWRUVZLOORI consideration, which gives him the right to

one, some or all of the compulsory heirs in buy certain merchandise or specified
direct line, whether living at the time of property, from another person, at anytime
execution of the will or born after the death within the agreed period, at a fixed price.
of the testator. What principle is being What contract is being referred to?
referred to? a) Option Contract
a) reserva troncal b) Contract to Sell
b) preterition c) Contract of Sale
c) fideicommissary d) Lease
d) disposicion captatoria
97. Any disposition made upon the 100. Which of the following contracts of
condition that the heir shall make some sale is void?
provision in his will in favor of the testator D6DOHRI(*0VFDUE\.53(*0V
or of any other person shall be void. Here, agent, whose authority is not
both the condition and the disposition are reduced into writing.
void. What principle is being referred to? b) 6DOH RI (*0V SLHFH RI ODQG E\
a) reserva troncal .53 (*0V DJHQW whose
b) preterition authority is not reduced into
c) fideicommissary writing.
d) disposicion captatoria F 6DOH RI (*0V FDU E\ .53 D
person stranger to EGM, without
98. Which phrase most accurately (*0VFRQVHQWRUDXWKRULW\
completes the statement If at the time the G 6DOH RI (*0V SLHFH RI ODQG E\
contract of sale is perfected, the thing KRP, a person stranger to EGM,
which is the object of the contract has been ZLWKRXW(*0VFRQVHQWRUDXWKRULW\
entirely lost:
a) the buyer bears the risk of loss.
b) the contract shall be without 2011 Taxation Law Exam
any effect.
MCQ (November 13, 2011)
c) the seller bears the risk of loss.
d) the buyer may withdraw from the
(1)When does a declaration of absence of a
contract.
missing person take effect?
(A) Immediately from the issuance of
99. A contract granting a privilege to a
the declaration of absence.
person, for which he has paid a

Page 149 of 180

(B) 3 months after the publication of accepted the substitution. Later, however,
the declaration of absence. the new debtor became insolvent and
(C) 6 months after the publication defaulted in his obligation. What is the
of the declaration of absence. HIIHFW RI WKH QHZ GHEWRUV GHIDXOW XSRQ WKH
(D) 15 days from the issuance of the original debtor?
declaration of absence. (A) The original debtor is freed of
liability since novation took place
(2) The authority that school administrators and this relieved him of his
exercise over school children under their obligation.
supervision, instruction, or custody is (B) The original debtor shall pay or
called perform the obligation with recourse
(A) legal parental authority. to the new debtor.
(B) substitute parental authority. (C) The original debtor remains
(C) ordinary parental authority. liable since he gave no consent to
(D) special parental authority. the substitution.
(D) The original debtor shall pay or
(3) Can future inheritance be the subject of perform 50% of the obligation to
a contract of sale? avoid unjust enrichment on his
(A) No, since it will put the part.
predecessor at the risk of harm from
a tempted buyer, contrary to public (5) Lennie bought a business class ticket
policy. from Alta Airlines. As she checked in, the
(B) Yes, since the death of the manager downgraded her to economy on
decedent is certain to occur. the ground that a Congressman had to be
(C) No, since the seller owns no accommodated in the business class.
inheritance while his predecessor Lennie suffered the discomfort and
lives. embarrassment of the downgrade. She sued
(D) Yes, but on the condition that the airlines for quasi-delict but Alta Airlines
the amount of the inheritance can countered that, since her travel was
only be ascertained after the governed by a contract between them, no
obligations of the estate have been quasi-delict could arise. Is the airline
paid. correct?
(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
ZLWKRXW WKH ODWWHUV FRQVHQW 7KH FUHGLWRU tainted as in this case with

Page 150 of 180

arbitrariness, gross bad faith, and (A) No, since the marriage did not
malice. take place.
(B) No, denying Lennie the comfort (B) Yes, since all the requisites of a
and amenities of the business class donation of an immovable are
as provided in the ticket is a tortious present.
act. (C) No, since the donation and its
(C) Yes, since the facts show a acceptance are not in a public
breach of contract, not a quasi- instrument.
delict. (D) Yes, since X freely donated the
(D) Yes, since quasi-delict property to Y who became its owner.
presupposes the absence of a pre-
existing contractual relation (8) Rene and Lily got married after a brief
between the parties. courtship. After one month, Lily discovered
that while Rene presented himself as a
(6) Which of the following is an macho man he was actually gay. He would
indispensable requirement in an action for not go to bed with her. He kept obscene
"quieting of title" involving real property? magazines of nude men and always sought
The plaintiff must the company of handsome boys. What legal
(A) be in actual possession of the remedy does Lily have?
property. (A) She can file an action for
(B) be the registered owner of the annulment of marriage on ground
property. of fraud.
(C) have legal or equitable title to (B) She can seek a declaration of
the property. nullity of the marriage based on
(D) be the beneficial owner of the 5HQHVSV\FKRORJLFDOLQFDSDFLW\
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, to express his affection, 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.
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
DWWDFN&DQ<VKHLUVJHWWKHSURSHUW\" with a bank in favor of A, B, C, D, and E,

Page 151 of 180

without indicating the share of each donee. (D) No, since there was no
All the donees accepted the donation in impediment to Raul selling his
writing. A, one of the donees, died. Will B, inheritance to a stranger.
&'DQG(JHW$VVKDUHLQWKHPRQH\"
(A) Yes, accretion will automatically (11) When one exercises a right recognized
apply to the joint-donees in equal by law, knowing that he thereby causes an
shares. injustice to another, the latter is entitled to
% <HV VLQFH WKH GRQRUV LQWHQWLRQ recover damages. This is known as the
is to give the whole of P50 million to principle of
the jointdonees in equal shares. (A) res ipsa loquitur.
(C) No, A"s share will revert to the (B) damnum absque injuria.
donor because accretion applies (C) vicarious liability.
only if the joint-donees are spouses. (D) abuse of rights.
(D) 1R$VVKDUH goes to his heirs
since the donation did not (12) Which of the following is NOT a basis
provide for reversion to donor. for rendering a disinheritance defective or
imperfect?
(10) Raul, Ester, and Rufus inherited a 10- (A) Its cause comes from the guilt
hectare land from their father. Before the of a spouse in a legal separation
land could be partitioned, however, Raul case, the innocent-spouse having
sold his hereditary right to Raffy, a stranger died.
to the family, for P5 million. Do Ester and (B) The truth of its cause is denied
Rufus have a remedy for keeping the land and not sufficiently proved by
within their family? evidence.
(A) Yes, they may be subrogated (C) Its cause is not authorized by the
WR 5DII\V ULJKW E\ UHLPEXUVLQJ WR law.
him within the required time (D) Its cause is not specified.
what he paid Raul.
(B) Yes, they may be subrogated to (13) Manuel came to Manila and married
RafI\V ULJKW SURYLGHG WKH\ EX\ KLP 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
5DII\V ULJKW RQO\ ZLWK KLV Marianne learned of his previous
conformity. conviction, she stopped living with him.
Can Marianne seek the annulment of the

Page 152 of 180

PDUULDJH EDVHG RQ 0DQXHOV QRQGLVFORVXUH since Philippine law does not
of his previous crime? recognize divorce.
(A) No, since the assumption is that (D) All the children are legitimate
marriage forgives all past wrongs. since they were born of the same
(B) Yes, since the non-disclosure father and mother.
of that crime is the equivalent of
fraud, which is a ground for (15) Who can make a donation?
annulment. (A) All persons who can enter into
(C) No, in case of doubt, the law contracts and dispose of their
must be construed to preserve the property.
institution of marriage. (B) All persons who are of legal age
(D) No, since Manuel already served and suffer from no civil interdiction.
the penalty for his crime. (C) All persons who can make a last
will and testament.
(14) Arthur and Helen, both Filipinos, got (D) All persons, whether natural or
married and had 2 children. Arthur later artificial, who own property.
worked in Rome where he acquired Italian
citizenship. He got a divorce from Helen in (16) The liability of the partners, including
Rome but, on returning to the Philippines, industrial partners for partnership
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? (A) Pro-rata.
(A) The children born before the (B) Joint.
divorce are legitimate but those (C) Solidary.
born after it are not since Arthur (D) Voluntary.
got the divorce when he had
ceased to be a Filipino. (17) When can a missing person who left
(B) The divorce rendered illegitimate someone to administer his property be
the children born before it since the declared an absentee by the court? When
marriage that begot them had been he has been missing for
nullified. (A) 2 years from the receipt of the
(C) The children born before and last news about him.
after the divorce are all legitimate (B) 7 years from the receipt of the
last news about him.

Page 153 of 180

(C) 10 years from the receipt of the principal two days after the principal died,
last news about him. an event that neither the agent nor the
(D) 5 years from the receipt of the buyer knew at the time of the sale. What is
last news about him. the standing of the sale?
(A) Voidable.
(18) Which of the following claims against (B) Valid.
the debtor enjoys preference over the others (C) Void.
with respect to his specific immovable (D) Unenforceable.
property and real rights?
(A) Unpaid price of real property (21) Spouses A and B leased a piece of land
sold, upon the immovable property. belonging to B's parents for 25 years. The
(B) Mortgage credits recorded in the spouses built their house on it worth
registry of property, upon the P300,000.00. Subsequently, in a case that
mortgaged real estate. C filed against A and B, the court found the
(C) Taxes due, upon the land or latter liable to C for P200,000.00. When the
building. sheriff was attaching their house for the
(D) Expenses for the preservation satisfaction of the judgment, A and B
and improvement of property, when claimed that it was exempt from execution,
the law authorizes reimbursement, being a family home. Is this claim correct?
upon the preserved or improved $ <HV EHFDXVH ZKLOH %V Sarents
immovable. own the land, they agreed to have
their daughter build her family
(19) When bilateral contracts are vitiated home on it.
with vices of consent, they are rendered (B) No, because there is no judicial
(A) rescissible. declaration that it is a family home.
(B) void. (C) No, since the land does not
(C) unenforceable. belong to A and B, it cannot
(D) voidable. qualify as a family home.
(D) Yes, EHFDXVH WKH $ DQG %V
(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

Page 154 of 180

Lorna after 5 months and they chose (24) When A and B married, they chose
conjugal partnership of gains to govern conjugal partnership of gains to govern
their property relations. When they their property relations. After 3 years, B
married, Aragon had an unpaid balance of succeeded in getting her marriage to A
3 PLOOLRQ SOXV LQWHUHVW LQ 6RORPRQV DQQXOOHG RQ JURXQG RI WKH ODWWHUV
IDYRU 7R ZKRP ZLOO $UDJRQV PRQWKO\ psychological incapacity. What liquidation
payments go after the marriage? procedure will they follow in disposing of
(A) The principal shall go to the their assets?
conjugal partnership but the (A) They will follow the rule
interests to Solomon. governing the liquidation of a
(B) Both principal and interests conjugal partnership of gains where
shall go to Solomon since they are the party who acted in bad faith
his exclusive properties. forfeits his share in the net profits.
(C) Both principal and interests (B) Since the marriage has been
shall go to the conjugal partnership declared void, the rule for
since these become due after the liquidation of absolute community of
marriage. property shall be followed.
(D) The principal shall go to (C) The liquidation of a co-
Solomon but the interests to the ownership applies since the
conjugal partnership. annulment brought their property
relation under the chapter on
(23) X and Y, although not suffering from property regimes without
any impediment, cohabited as husband and marriage.
wife without the benefit of marriage. (D) The law on liquidation of
Following the birth of their child, the couple 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 (a) on the paternity of the
decree of annulment. What is the present illegitimate child of Y and (b) on the
status of the child? HFRQRPLFUHJLPHWKDWZLOOJRYHUQ;DQG <V
(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.

Page 155 of 180

(B) Yes, since ante-nuptial (B) Illegitimate, because by the color

agreements need not be in writing. of its skin, the child could not
(C) No, because a marriage possibly be that of Fidel.
settlement cannot include an (C) Legitimate, because the child
agreement on the paternity of an was born within a valid marriage.
illegitimate child. (D) Legitimate, because Fidel agreed
(D) Yes, since even if it is not a valid to treat the child as his own after
marriage settlement, it is a valid Gloria told him who the father was.
verbal contract.
7KH KXVEDQGV DFWV RI IRUFLEO\ HMHFWLQJ
(26) Spouses X and Y have a minor his wife without just cause from the
daughter, Z, who needs support for her conjugal dwelling and refusing to take her
education. Both X and Y, who are back constitutes
financially distressed, could not give the (A) desertion.
QHHGHG VXSSRUW WR = $V LW KDSSHQV =V (B) recrimination.
other relatives are financially capable of (C) constructive abandonment.
giving that support. From whom may Z first (D) de facto separation.
rightfully demand support? From her
(A) grandfather. (29) In his will, the testator designated X as
(B) brother. a legatee to receive P2 million for the
(C) uncle. purpose of buying an ambulance that the
(D) first cousin. residents of his Barangay can use. What
kind of institution is this?
(27) Fidel, a Filipino with fair complexion, (A) a fideicomissary institution.
married Gloria. Before the marriage, Gloria (B) a modal institution.
confessed to Fidel that she was two-month (C) a conditional institution.
pregnant with the child of a black African (D) a collective institution.
who had left the country for good. When the
child was born, Fidel could not accept it (30) X insured himself for P5 million,
being too black in complexion. What is the designating Y, his wife, as his sole
status of the child? beneficiary. The designation was
(A) Illegitimate, because Gloria irrevocable. A few years later, X had their
confessed that the child is not marriage annulled in court on the ground
)LGHOV that Y had an existing prior marriage. X

Page 156 of 180

subsequently died, Is Y entitled to the (C) Marlon gets 1/2 and Cecilia
insurance benefits? gets 1/2.
(A) Yes, since the insurance was not (D) Marlon gets 3/4 and Cecilia 1/4.
dependent on the marriage.
(B) Yes, since her designation as (33) Contracts take effect only between the
beneficiary was irrevocable. parties or their assigns and heirs, except
(C) 1R ;V GHVLJQDWLRQ RI < LV where the rights and obligations arising
revoked by operation of law upon from the contract are not transmissible by
the annulment of their marriage their nature, by stipulation, or by provision
EDVHGRQ<VIDXOW of law. In the latter case, the assigns or the
(D) Yes, since without judicial heirs are not bound by the contracts. This
UHYRFDWLRQ ;V GHVLJQDWLRQ RI < is known as the principle of
remains valid and binding. (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 may spare, regardless of 6,000 apples. What are the rights and
value. obligations of the buyer?
(C) Yes, provided the donation is (A) He can accept all 6,000 apples
moderate and intended for and pay the seller at P20 per
charity or family rejoicing. apple.
(D) Yes, in a donation mortis causa (B) He can accept all 6,000 apples
that the donor may still revoke in and pay a lesser price for the 1,000
his lifetime. excess apples.
(C) He can keep the 6,000 apples
(32) The decedent died intestate leaving an without paying for the 1,000 excess
estate of P10 million. He left the following since the seller delivered them
heirs: a) Marlon, a legitimate child and b) anyway.
Cecilia, the legal spouse. Divide the estate. (D) He can cancel the whole
(A) Marlon gets 1/4 and Cecilia gets transaction since the seller violated
3/4. the terms of their agreement.
(B) Marlon gets 2/3 and Cecilia 1/3.

Page 157 of 180

(35) Lino entered into a contract to sell with suffered from poisoning caused by a
Ramon, undertaking to convey to the latter noxious substance found in the sardines.
one of the five lots he owns, without Mylene filed a case for damages against
specifying which lot it was, for the price of Acme. Which of the following defenses will
P1 million. Later, the parties could not hold?
agree which of five lots he owned Lino (A) The expiry date of the "Sards"
undertook to sell to Ramon. What is the was clearly printed on its can,
standing of the contract? still the store sold and Mylene
(A) Unenforceable. bought it.
(B) Voidable. (B) Mylene must have detected the
(C) Rescissible. noxious substance in the sardines
(D) Void. by smell, yet she still ate it.
(C) Acme had no transaction with
(36) Knowing that the car had a hidden Mylene; she bought the "Sards" from
crack in the engine, X sold it to Y without a store, not directly from Acme.
informing the latter about it. In any event, (D) Acme enjoys the presumption of
the deed of sale expressly stipulated that X safeness of its canning procedure
was not liable for hidden defects. Does Y and Mylene has not overcome such
have the right to demand from X a presumption.
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 afteU )HUQDQGRV GHDWK 0DULQD ZDV
in bad faith in not disclosing the so overwhelmed with love that she married
fact to Y. another man. Is she entitled to the legacy,
(C) No, because Y is in estoppel, the amount of which is well within the
having changed engine without prior capacity of the disposable free portion of
demand. )HUQDQGRVHVWDWH"
(D) No, because Y waived the (A) Yes, since the prohibition against
warranty against hidden defects. remarrying is absolute, it is deemed
(37) Acme Cannery produced sardines in not written.
cans known as "Sards." Mylene bought a (B) Yes, because the prohibition is
can of Sards from a store, ate it, and inhuman and oppressive and

Page 158 of 180

YLRODWHV 0DULQDV ULJKWV DV D IUHH (A) It is an ordinary donation

woman. since it was not given to the bride
(C) No, because the nullity of the or groom.
prohibition also nullifies the legacy. (B) It is donation propter nuptias
(D) No, since such prohibition is since it was given with the marriage
authorized by law and is not in mind.
repressive; she could remarry but (C) It is an indirect donation propter
must give up the money. nuptias since the bride would
eventually inherit the property from
(39) X, the owner, constituted a 10-year her parents.
usufruct on his land as well as on the (D) It is a remunatory donation.
EXLOGLQJ VWDQGLQJ RQ LW LQ <V IDYRU $IWHU
flood totally destroyed the building 5 years (41) X and Y, both Filipinos, were married
later, X told Y that an act of God terminated and resided in Spain although they intend
the usufruct and that he should vacate the to return to the Philippines at some future
land. Is X, the owner of the land, correct? time. They have not executed any marriage
(A) No, since the building was settlements. What law governs their
destroyed through no fault of Y. property relations?
(B) No, since Y still has the right (A) They may choose between
to use the land and the materials Spanish law and Philippine law.
left on it. (B) Philippine law since they are
(C) Yes, since Y cannot use the land both Filipinos.
without the building. (C) No regime of property relations
(D) Yes, since the destruction of the will apply to them.
EXLOGLQJ ZLWKRXW WKH ;V IDXOW (D) Spanish law since they live in
terminated the usufruct. Spain.
,QJUDWLWXGHWKHJURRPVSDUHQWVPDGH (42) Birth determines personality. Death

a donation of a property in writing to the extinguishes it. Under what circumstances
EULGHV SDUHQWV VKRUWO\ EHIRUH WKHLU may the personality of a deceased person
FKLOGUHQV ZHGGLQJ 7KH GRQDWLRQ ZDV continue to exist?
accepted. What is the nature of the (A) In case of re-appearance of a
donation? missing person presumed dead.

Page 159 of 180

(B) In protecting the works of a (C) the brother or sister in need

deceased under intellectual property stops schooling without valid
laws. reason.
(C) In case of declaration of (D) the need for support of a
presumptive death of a missing brother or sister, already of age, is
spouse. due to the latter's fault.
(D) In the settlement of the estate
of a deceased person. (45) Virgilio owned a bare and simple
swimming pool in his garden. MB, a 7-year
(43) Six tenants sued X, the landowner, for old child, surreptitiously entered the garden
willfully denying them water for their farms, and merrily romped around the ledges of
which water happened to flow from land the pool. He accidentally tripped, fell into
XQGHU ;V FRQWURO KLV LQWHQWLRQ EHLQJ WR WKH SRRO DQG GURZQHG 0%V SDUHQWV VXHG
force them to leave his properties. Is X Virgilio for damages arising from their
liable for his act and why? FKLOGV GHDWK SUHPLVHG RQ WKH SULQFLSOH RI
(A) No, because the tenants must be "attractive nuisance". Is Virgilio liable for
content with waiting for rainfall for the death of MB?
their farms. (A) No, the child was 7 years old and
(B) No, since X owns both the land knew the dangers that the pool
and the water. offered.
& <HV EHFDXVH WKH WHQDQWV IDUPV (B) Yes, being an attractive
have the natural right of access to nuisance, Virgilio had the duty to
water wherever it is located. prevent children from coming near
(D) Yes, since X willfully caused it.
injury to his tenants contrary to (C) No, since the pool was bare
morals, good customs or public and had no enticing or alluring
policy. gadgets, floats, or devices in it
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.

Page 160 of 180

(46) The term of a 5-year lease contract (D) Yes, the donation is not deemed
between X the lessor and Y the lessee, made until the suspensive condition
where rents were paid from month to has been fulfilled.
month, came to an end. Still, Y continued
XVLQJ WKH SURSHUW\ ZLWK ;V FRQVHQW ,n (48) Illegitimate children, those not
such a case, it is understood that they recognized by their biological fathers, shall
impliedly renewed the lease use the surname of their
(A) from month to month under (A) biological father subject to no
the same conditions as to the condition.
rest. (B) mother or biological father, at
(B) under the same terms and WKHPRWKHUVGLVFUHWLRQ
conditions as before. (C) mother.
(C) under the same terms except the (D) biological father unless he
rent which they or the court must judicially opposes it.
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) Rex, a philanthropist, donated 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 such lot within 2 years from its (A) No, but the bank can foreclose
acceptance of the donation. The and pay Boyong back.
municipality properly accepted the donation (B) No, since Boyong paid for
but did not yet build the public school after $VLRQJV ORDQ ZLWKRXW KLV
2 years. Can Rex revoke the donation? approval.
(A) Yes, since the donation is (C) Yes, since a change of creditor
subject to a resolutory condition took place by novation with the
which was not fulfilled. EDQNVFRQVHQW
(B) No, but Rex is entitled to recover (D) Yes, since it is but right that
the value of the land from the Boyong be able to get back his
municipality. money and, if not, to foreclose the
(C) No, the transfer of ownership has mortgage in the manner of the bank.
been completed.

Page 161 of 180

(50) Congress passed a law imposing taxes (D) Yes, since Fernando was a
on income earned out of a particular solidary creditor, payment to him
activity that was not previously taxed. The extinguished the obligation.
law, however, taxed incomes already earned
within the fiscal year when the law took (52) What happens to the property regimes
effect. Is the law valid? that were subsisting under the New Civil
(A) No, because laws are intended to Code when the Family Code took effect?
be prospective, not retroactive. (A) The original property regimes
(B) No, the law is arbitrary in that it are immutable and remain
taxes income that has already been effective.
spent. (B) Those enjoying specific regimes
(C) Yes, since tax laws are the under the New Civil Code may adopt
lifeblood of the nation. the regime of absolute community of
(D) Yes, tax laws are an exception; property under the Family Code.
they can be given retroactive (C) Those that married under the
effect. New Civil Code but did not choose
any of its regimes shall now be
(51) Rudolf borrowed P1 million from governed by the regime of absolute
Rodrigo and Fernando who acted as community of property.
solidary creditors. When the loan matured, (D) They are superseded by the
Rodrigo wrote a letter to Rudolf, demanding Family Code which has retroactive
payment of the loan directly to him. Before effect.
Rudolf could comply, Fernando went to see (53) The testator executed a will following
him personally to collect and he paid him. the formalities required by the law on
Did Rudolf make a valid payment? succession without designating any heir.
(A) No, since Rudolf should have The only testamentary disposition in the
split the payment between Rodrigo will is the recognition of the testator's
and Fernando. illegitimate child with a popular actress. Is
(B) No, since Rodrigo, the other the will valid?
solidary creditor, already made a (A) Yes, since in recognizing his
prior demand for payment from illegitimate child, the testator has
Rudolf. made him his heir.
(C) Yes, since the payment covers (B) No, because the non-designation
the whole obligation. of heirs defeats the purpose of a will.

Page 162 of 180

(C) No, the will comes to life only (C) Voidable, because the Judge
when the proper heirs are acted beyond his territorial
instituted. jurisdiction and is administratively
(D) Yes, the recognition of an liable for the same.
illegitimate heir is an ample (D) Void, because the Judge did not
reason for a will. solemnize the marriage within the
premises of his court.
(54) A left B, his wife, in the Philippines to
work in Egypt but died in that country after (56) X and Y, Filipinos, got married in Los
D\HDUVFRQWLQXRXVVWD\7ZRPRQWKVDIWHU Angeles, USA, using a marriage license
$V Geath, B gave birth to a child, claiming issued by the Philippine consul in Los
LWLV$VFKLOG:KRFDQDVVDLOWKHOHJLWLPDF\ Angeles, acting as Civil Registrar. X and Y
of the child? did not know that they were first cousins
(A) $VRWKHUKHLUVDSDUWIURP% because their mothers, who were sisters,
(B) The State which has interest in were separated when they were quite
the welfare of overseas contract young. Since X did not want to continue
workers. with the relation when he heard of it, he left
& $Q\ RQH ZKR LV RXWUDJHG E\ %V Y, came to the Philippines and married Z.
claim. Can X be held liable for bigamy?
(D) No one since A died. $1RVLQFH;VPDUULDJHWR<LVYRLG
ab initio or did not exist.
(55) QR and TS who had a marriage license (B) No since X acted in good faith,
requested a newly appointed Judge in conscious that public policy did not
Manila to marry them on the beach of approve of marriage between first
Boracay. Since the Judge maintained cousins.
Boracay as his residence, he agreed. The (C) Yes since he married Z without
sponsors were all public officials. What is first securing a judicial
the status of the marriage. declaration of nullity of his
(A) Valid, since the improper marriage to Y.
venue is merely an irregularity; (D) Yes since his first marriage to Y
all the elements of a valid in Los Angeles is valid.
marriage are present.
(B) Void, because the couple did not $OODQ ERXJKW %LOO\V SURSHUW\ WKURXJK
get local permit for a beach wedding. Carlos, an agent empowered with a special
power of attorney (SPA) to sell the same.

Page 163 of 180

When Allan was ready to pay as scheduled, (B) No, the buyer is entitled to a
Billy called, directing Allan to pay directly customary 30-day extension of his
to him. On learning of this, Carlos, Billy's obligation to take delivery of the
agent, told Allan to pay through him as his goods.
SPA provided and to protect his (C) No, since there was no express
commission. Faced with two claimants, agreement regarding automatic
Allan consigned the payment in court. Billy rescission.
protested, contending that the consignation (D) No, the seller should first
is ineffective since no tender of payment determine that Y was not justified in
was made to him. Is he correct? failing to appear.
(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 RQO\GHHSHQWKHZLIHVDQJXLVK
required for a valid consignation. (B) No, since legal separation like
validity of marriage is not subject
(58) X sold Y 100 sacks of rice that Y was to to compromise agreement for
SLFN XS IURP ;V ULFH PLOO RQ D SDUWLFXODU purposes of filing.
date. Y did not, however, appear on the (C) Yes, to avoid a family feud that is
agreed date to take delivery of the rice. After hurtful to everyone.
one week, X automatically rescinded the (D) Yes, since the dispute could have
sale without notarial notice to Y. Is the been settled with the parties
rescission valid? agreeing to legal separation.
(A) Yes, automatic rescission is
allowed since, having the (60) An Australian living in the Philippines
character of movables and acquired shares of stock worth P10 million
consumables, rice can easily in food manufacturing companies. He died
deteriorate. in Manila, leaving a legal wife and a child in
Australia and a live-in partner with whom

Page 164 of 180

he had two children in Manila. He also left (D) Yes, after full payment, the
a will, done according to Philippine laws, action became imprescriptible.
leaving all his properties to his live-in
partner and their children. What law will (62) A court declared Ricardo, an old
govern the validity of the disposition in the bachelor, an absentee and appointed Cicero
will? administrator of his property. After a year,
(A) Australia law since his legal wife it was discovered that Ricardo had died
and legitimate child are Australians abroad. What is the effect of the fact of his
and domiciled in Australia. death on the administration of his
(B) Australian law since the property?
intrinsic validity of the provisions (A) With Ricardo no longer an
of a will is governed by the absentee but a deceased person,
GHFHGHQWVQDWLRQDOOaw. 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 by the court having
(D) Philippine law since the jurisdiction over the intestate
GHFHGHQWV SURSHUWLHV DUH LQ WKH proceedings to a new
Philippines. administrator whom it will
appoint.
(61) X bought a land from Y, paying him (C) Cicero automatically becomes
cash. Since they were friends, they did not DGPLQLVWUDWRU RI 5LFDUGRV HVWDWH
execute any document of sale. After 7 years, until judicially relieved.
the heirs of X asked Y to execute a deed of ' &LFHURV DOLHQDWLRQV RI 5LFDUGR
V
absolute sale to formalize the verbal sale to property will be set aside.
WKHLU IDWKHU 8QZLOOLQJ WR GR VR ;V KHLUV
filed an action for specific performance (63) Baldo, a rejected suitor, intimidated
against Y. Will their action prosper? Judy into marrying him. While she wanted
(A) No, after more than 6 years, to question the validity of their marriage
the action to enforce the verbal two years after the intimidation ceased,
agreement has already elapsed. Judy decided in the meantime to freely
(B) No, since the sale cannot under cohabit with Baldo. After more than 5 years
the Statute of Frauds be enforced. following their wedding, Judy wants to file a
(C) Yes, since X bought the land and case for annulment of marriage against
paid Y for it.

Page 165 of 180

Baldo on ground of lack of consent. Will her all heirs in the higher level are disqualified
action prosper? or unable to inherit?
(A) Yes, the action for annulment is (A) Nephews and nieces.
imprescriptible. (B) Brothers and sisters.
(B) No, since the marriage was (C) State.
merely voidable and Judy ratified (D) Other collateral relatives up to
it by freely cohabiting with Baldo the 5th degree of consanguinity.
after the force and intimidation
had ceased. (66) Roy and Carlos both undertook a
(C) No, since the action prescribed 5 contract to deliver to Sam in Manila a boat
years from the date of the docked in Subic. Before they could deliver
celebration of the marriage. it, however, the boat sank in a storm. The
(D) Yes, because the marriage was contract provides that fortuitous event shall
celebrated without Judy's consent not exempt Roy and Carlos from their
freely given. obligation. Owing to the loss of the motor
boat, such obligation is deemed converted
(64) Is the wife who leaves her husband into one of indemnity for damages. Is the
without just cause entitled to support? liability of Roy and Carlos joint or solidary?
(A) No, because the wife must (A) Neither solidary nor joint since
always be submissive and respectful they cannot waive the defense of
to the husband. fortuitous event to which they are
(B) Yes. The marriage not having entitled.
been dissolved, the husband (B) Solidary or joint upon the
continues to have an obligation to discretion of Sam.
support his wife. (C) Solidary since Roy and Carlos
(C) No, because in leaving the failed to perform their obligation to
conjugal home without just cause, deliver the motor boat.
she forfeits her right to support. (D) Joint since the conversion of
(D) Yes, since the right to receive their liability to one of indemnity
support is not subject to any for damages made it joint.
condition.
(67) Joanne married James, a person with
(65) In the order of intestate succession no known relatives. Through James' hard
where the decedent is legitimate, who is the work, he and his wife Joane prospered.
last intestate heirs or heir who will inherit if When James died, his estate alone

Page 166 of 180

amounted to P100 million. If, in his will, (70) Ric and Josie, Filipinos, have been
James designates Joanne as his only heir, sweethearts for 5 years. While working in a
what will be the free portion of his estate. European country where the execution of
(A) Joanne gets all; estate has no joint wills are allowed, the two of them
free portion left. executed a joint holographic will where they
(B) Joanne gets 1/2; the other named each other as sole heir of the other
half is free portion. in case either of them dies. Unfortunately,
(C) Joanne gets 1/3; the remaining Ric died a year later. Can Josie have the
2/3 is free portion. joint will successfully probated in the
(D) Joanne gets 1/4; the remaining Philippines?
3/4 is free portion. (A) Yes, in the highest interest of
comity of nations and to honor the
(68) A warranty inherent in a contract of wishes of the deceased.
sale, whether or not mentioned in it, is (B) No, since Philippine law
known as the prohibits the execution of joint
(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 to precedents in order to law accepts.
promote the stability of the law. But the (D) Yes, since it is valid in the
doctrine can be abandoned country where it was executed,
(A) When adherence to it would applying the principle of "lex loci
UHVXOWLQWKH*RYHUQPHQWVORVVRILWV celebrationis."
case.
(B) When the application of the (71) ML inherited from his father P5 million
doctrine would cause great in legitime but he waived it in a public
prejudice to a foreign national. instrument in favor of his sister QY who
(C) When necessary to promote the accepted the waiver in writing. But as it
passage of a new law. happened, ML borrowed P6 million from PF
(D) When the precedent has before the waiver. PF objected to the waiver
ceased to be beneficial and useful. and filed an action for its rescission on the
JURXQG WKDW KH KDG WKH ULJKW WR 0/V 3

Page 167 of 180

million legitime as partial settlement of (B) Yes, insofar as Arnold

what ML owed him since ML has proved to acknowledged Mary as his
be insolvent. Does PF, as creditor, have the illegitimate child.
right to rescind the waiver? (C) None, since the marriage did not
(A) No, because the waiver in favor take place.
of his sister QY amounts to a (D) Yes, if they acquired properties
donation and she already accepted while living together as husband
it. and wife.
(B) Yes, because the waiver is (73) Joseph, a 17-year old Filipino, married
prejudicial to the interest of a Jenny, a 21-year old American in Illinois,
third person whose interest is USA, where the marriage was valid. Their
recognized by law. parents gave full consent to the marriage of
(C) No, PF must wait for ML to their children. After three years, Joseph
become solvent and, thereafter, sue filed a petition in the USA to promptly
him for the unpaid loan. divorce Jenny and this was granted. When
(D) Yes, because a legitime cannot Joseph turned 25 years, he returned to the
be waived in favor of a specific heir; Philippines and married Leonora. What is
it must be divided among all the the status of this second marriage?
other heirs. (A) Void, because he did not cause
the judicial issuance of
(72) While engaged to be married, Arnold declaration of the nullity of his
and Josephine agreed in a public first marriage to Jenny before
instrument to adopt out the economic marrying Leonora.
regime of absolute community of property. (B) Valid, because Joseph's marriage
Arnold acknowledged in the same to Jenny is void, he being only 17
LQVWUXPHQW WKDW -RVHSKLQHV GDXJKWHU years of age when he married her.
Mary, is his illegitimate child. But (C) Valid, because his marriage to
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
(A) None, since the instrument considered married to Jenny since
containing the marriage settlement the Philippines does not recognize
is essentially void for containing an divorce.
unrelated matter.

Page 168 of 180

(74) T died intestate, leaving an estate of (76) X, who was abroad, phoned his
P9,000,000. He left as heirs three legitimate brother, Y, autKRUL]LQJ KLP WR VHOO ;V
children, namely, A, B, and C. A has two parcel of land in Pasay. X sent the title to Y
children, D and E. Before he died, A by courier service. Acting for his brother, Y
irrevocably repudiated his inheritance from executed a notarized deed of absolute sale
T in a public instrument filed with the of the land to Z after receiving payment.
court. How much, if any, will D and E, as What is the status of the sale?
$VFKLOGUHQJHWIURP7VHVWDWH" (A) Valid, since a notarized deed of
(A) Each of D and E will get absolute sale covered the
P1,500,000 by right of transaction and full payment was
representation since their father 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. EURWKHU ;V DJHQW DQG HQWUXVWHG
(C) D and E will get none because with the title needed to effect the
of the repudiation; "B" and "C" sale.
ZLOO JHW $V VKDUH E\ ULJKW RI (D) Valid, since the buyer could file
accretion. an action to compel X to execute a
(D) Each of D and E will get deed of sale.
P2,000,000 because the law gives
them some advantage due to the (77) In a true pacto de retro sale, the title
demise of "A". and ownership of the property sold are
immediately vested in the vendee a retro
(75) No decree of legal separation can be subject only to the resolutory condition of
issued repurchase by the vendor a retro within the
$ XQOHVV WKH FKLOGUHQV ZHOIDUH LV stipulated period. This is known as
attended to first. (A) equitable mortgage.
(B) without prior efforts at (B) conventional redemption.
reconciliation shown to be futile. (C) legal redemption.
(C) unless the court first directs (D) equity of redemption.
mediation of the parties. (78) A natural obligation under the New
(D) without prior investigation Civil Code of the Philippines is one which
conducted by a public prosecutor.

Page 169 of 180

(A) the obligor has a moral (80) When the donor gives donations
obligation to do, otherwise entitling without reserving sufficient funds for his
the obligee to damages. support or for the support of his
(B) refers to an obligation in writing dependents, his donations are
to do or not to do. (A) Rescissible, since it results in
(C) the obligee may enforce through economic lesion of more than 25% of
the court if violated by the obligor. the value of his properties.
(D) cannot be judicially enforced (B) Voidable, since his consent to
but authorizes the obligee to the donation is vitiated by mindless
UHWDLQ WKH REOLJRUV SD\PHQW RU kindness.
performance. (C) Void, since it amounts to wanton
expenditure beyond his means.
(79) The husband assumed sole (D) Reducible to the extent that
DGPLQLVWUDWLRQ RI WKH IDPLO\V PDQJR the donations impaired the
plantation since his wife worked abroad. support due to himself and his
6XEVHTXHQWO\ZLWKRXWKLVZLIHVNQRZOHGJH dependents.
the husband entered into an antichretic
transaction with a company, giving it (81) Anne owed Bessy P1 million due on
possession and management of the October 1, 2011 but failed to pay her on
plantation with power to harvest and sell due date. Bessy sent a demand letter to
the fruits and to apply the proceeds to the Anne giving her 5 days from receipt within
payment of a loan he got. What is the which to pay. Two days after receipt of the
standing of the contract? letter, Anne personally offered to pay Bessy
(A) It is void in the absence of the in manager's check but the latter refused to
ZLIHVFRQVHQW accept the same. The 5 days lapsed. May
(B) It is void absent an authorization $QQHV REOLJDWLRQ EH FRQVLGHUHG
from the court. extinguished?
(C) The transaction is void and can $ <HV VLQFH %HVV\V UHIXVDO RI WKH
neither be ratified by the wife nor PDQDJHUV FKHFN ZKLFK LV
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
RQO\ XSRQ WKH ZLIHV DFFHSWDQFH even in cash, if refused, will not
RUWKHFRXUWVDXWKRUL]DWLRQ discharge the obligation without
proper consignation in court.

Page 170 of 180

(C) Yes, since Anne tendered (83) The owner of a thing cannot use it in a
payment of the full amount due. way that will injure the right of a third
(D) No VLQFH D PDQDJHUV FKHFN LV person. Thus, every building or land is
not considered legal tender in the subject to the easement which prohibits its
Philippines. proprietor or possessor from committing
nuisance like noise, jarring, offensive odor,
(82) The residents of a subdivision have and smoke. This principle is known as
been using an open strip of land as passage (A) Jus vindicandi.
to the highway for over 30 years. The owner (B) Sic utere tuo ut alienum non
of that land decided, however, to close it in laedas.
preparation for building his house on it. (C) Jus dispondendi.
The residents protested, claiming that they (D) Jus abutendi.
became owners of the land through
acquisitive prescription, having been in (84) Janice and Jennifer are sisters. Janice
possession of the same in the concept of VXHG -HQQLIHU DQG /DXUD -HQQLIHUV
owners, publicly, peacefully, 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
(A) No, the residents have not to a compromise with the defendants and
been in continuous possession of that such efforts failed. The judge
the land since they merely passed dismissed the complaint outright for failure
through it in going to the to comply with a condition precedent. Is the
highway. 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 QHLJKERUV XVH RI LW IRU obligation to settle with her.
passage. (B) Yes, since court should promote
(C) Yes, residents of the subdivision amicable settlement among
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
to court.

Page 171 of 180

(D) No, the family council, which (87) When does the regime of conjugal
would ordinarily mediate the partnership of gains begin to exist?
dispute, has been eliminated under (A) At the moment the parties
the Family Code. take and declare each other as
husband and wife before
(85) X borrowed money from a bank, officiating officer.
secured by a mortgage on the land of Y, his (B) At the time the spouses acquire
close friend. When the loan matured, Y properties through joint efforts.
offered to pay the bank but it refused since (C) On the date the future spouses
<ZDVQRWWKHERUURZHU,VWKHEDQNVDFWLRQ executed their marriage settlements
correct? because this is the starting point of
(A) Yes, since X, the true borrower, their marital relationship.
GLG QRW JLYH KLV FRQVHQW WR <V RIIHU (D) On the date agreed upon by the
to pay. future spouses in their marriage
(B) No, since anybody can discharge settlements since their agreement is
;VREOLJDWLRQWRKLVEHnefit. the law between them.
(C) No, since Y, the owner of the
collateral, has an interest in the (88) Josie, 18, married Dante, 25, without
payment of the obligation. KHU SDUHQWV NQRZOHGJH DQG FRQVHQW DQG
(D) Yes, since it was X who has an lived with him. After a year, Josie returned
obligation to the bank. WR KHU SDUHQWV KRPH FRPSODLQHG RI WKH
unbearable battering she was getting from
(86) The right of a mortgagor in a judicial Dante, and expressed a desire to have her
foreclosure to redeem the mortgaged marriage with him annulled. Who may
property after his default in the bring the action?
performance of the conditions of the (A) Dante.
mortgage but before the sale of the (B) Her parents.
mortgaged property or confirmation of the (C) Josie herself.
sale by the court, is known as (D) The State.
(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?

Page 172 of 180

(A) Yes, since his parents are now (D) Yes, as long as they leave
lawfully married. sufficient property for themselves
(B) Yes, since he is an innocent and for their dependents.
party and the marriage rectified the
wrong done him. (92) X owed Y P1.5 million. In his will, X
(C) No, since once illegitimate, a gave Y legacy of P1 million but the will
child shall always remain provided that this legacy is to be set off
illegitimate. against the P1.5 million X owed Y. After the
(D) No, since his parents were not set off, X still owed Y P500,000. Can Y still
qualified to marry each other collect this amount?
when he was conceived. (A) Yes, because the designation
of Y as legatee created a new and
(90) The presence of a vice of consent separate juridical relationship
vitiates the consent of a party in a contract between them, that of testator-
and this renders the contract legatee.
(A) Rescissible. (B) It depends upon the discretion of
(B) Unenforceable. the probate court if a claim is filed
(C) Voidable. in the testate proceedings.
(D) Void. (C) No, because the intention of the
testator in giving the legacy is to
(91) Can common-law spouses donate abrogate his entire obligation to Y.
properties of substantial value to one (D) No, because X had no
another? 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 to each other to 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?

Page 173 of 180

(A) Josie and the conjugal (C) When fortuitous circumstances

partnership of gains will own both prevented the plaintiff from filing the
on a 50-50 basis. case sooner.
(B) Josie will own both since the (D) When the plaintiff is in
value of the house and the possession of the property.
LQFUHDVHLQWKHSURSHUW\VYDOXHLV
OHVV WKDQ KHU ORWV YDOXH EXW VKH (95) Conrad and Linda, both 20 years old,
is to reimburse conjugal applied for a marriage license, making it
partnership expenses. appear that they were over 25. They
(C) Josie still owns the lot, it being PDUULHG ZLWKRXW WKHLU SDUHQWV NQRZOHGJH
her exclusive property, but the before an unsuspecting judge. After the
house belongs to the conjugal couple has been in cohabitation for 6 years,
partnership. /LQGDVSDUHQWVILOHGDQDFWLRQWRDQQXOWKH
(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 % 1R VLQFH /LQGDV SDUHQWV PDGH
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) Yes, since the marriage is
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? ' <HV VLQFH /LQGDV SDUHQWV QHYHU
(A) When the plaintiff had no notice 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

Page 174 of 180

Notary Public notarized the will in his law (B) Separate since their property
office where all signatories to the will relations with their legal spouses
acknowledged that the testator signed the are still subsisting.
will in the presence of the witnesses and (C) Co-ownership since they agreed
that the latter themselves signed the will in to work for their mutual benefit.
the presence of the testator and of one (D) Communal since they earned the
another. Was the will validly notarized? same as common-law spouses.
(A) No, since it was not notarized on
the occasion when the signatories (98) What is the prescriptive period for filing
affixed their signatures on the will. an action for revocation of a donation based
(B) Yes, since the Notary Public on acts of ingratitude of the donee?
has to be present only when the (A) 5 years from the perfection of the
signatories acknowledged the acts donation.
required of them in relation to (B) 1 year from the perfection of
the will. the donation.
(C) Yes, but the defect in the mere (C) 4 years from the perfection of the
notarization of the will is not fatal to donation.
its execution. (D) Such action does not prescribe.
(D) No, since the notary public did
not require the signatories to sign (99) Before Karen married Karl, she
their respective attestations again. inherited P5 million from her deceased
mother which amount she brought into the
(97) Venecio and Ester lived as common-law marriage. She later used part of the money
spouses since both have been married to to buy a new Mercedes Benz in her name,
other persons from whom they had been which Karen and her husband used as a
separated in fact for several years. IDPLO\ FDU ,V WKH FDU DFRQMXJDO RU .DUHQV
Hardworking and 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? % ,W LV .DUHQV H[FOXVLYH SURSHUW\
(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.

Page 175 of 180

(D) ,W LV .DUHQV H[FOXVLYH should the lessees sue for damages? (1%)
property since she bought it with (1). A, the owner
her own money.
(2). B, the engineer
%HFDXVH RI ;V JURVV QHJOLJHQFH <

(3). both A & B
suffered injuries that resulted in the
abortion of the foetus she carried. Y sued X
SUGGESTED ANSWER:
for, among other damages, P1 million for
the death of a family member. Is Y entitled 3. Both A & B.
to indemnity for the death of the foetus she
The lessee may proceed against A for
carried?
breach of contract, and against B for tort
(A) Yes, since the foetus is already
or statutory liability. Under Article 1654
regarded as a child from conception,
(2) of the New Civil Code, the lessor is
though unborn.
obliged to make all the necessary repairs
% 1R VLQFH ;V ZRXOG QRW KDYH
in order to keep the leased property
known that the accident would
suitable for the use to which it has been
UHVXOWLQ<VDERUWLRQ
devoted. Consequently, under Article
(C) No, since birth determines
1659 NCC, the proprietor of a building or
personality, the accident did not
structure is responsible for the damages
result in the death of a person.
resulting from its total or partial
(D) Yes, since the mother believed in
collapse, if it is due to lack of necessary
her heart that she lost a child.
repairs.
Under Article 1723, NCC, the engineer

2010 Civil Law Exam MCQ or architect who drew up the plans and
specifications for a building is liable for
(September 12, 2010)
damage if 15 years from the completion
of the structure the same should
No.II. Multiple choice.
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 building 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
or engineer under Article 2192, NCC.

Page 176 of 180

ALTERNATIVE ANSWER: (B) O, owner of Lot A, learning that

Japanese soldiers may have buried gold
No.1. A , the owner .
and other treasures at the adjoining vacant
The lessee can sue only the lessor for Lot B belonging to spouses X & Y,
breach of contract under Article 1659 in excavated in Lot B where she succeeded in
relation to Article 1654, NCC. The lessee unearthing gold and precious stones. How
cannot sue the architect or the engineer will the treasures found by O be divided?
because there was no privity of contracts (1%)
between them. When sued, however, the

(1). 100% to O as finder
lessor may file a third party claim
against the architect or the engineer.
(2). 50% to O and 50% to the spouses X
ANOTHER ALTERNATIVE ANSWER: and Y
No. 2. B, the Engineer . (3). 50% to O and 50% to the state
Under Article 1723 the engineer 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
No. 4. None of the above.
completion of the structure, the same
should collapse by reason of a defect in
The general rule is that the treasure
those plans and specifications, or due to
shall belong to the spouses X and Y, the
the defects in the ground. Under Article
owner of Lot B. Under Article 438 (NCC),
2192 (NCC), however, if the damages
the exception is that when the discovery
should be the result of any of the defects
of a hidden treasure is made on the
in the construction mentioned in Art
property of another and by chance, one-
1723, NCC, the third person suffering
half thereof shall belong to the owner of
damages may proceed only against the
the land and the other one-half is
engineer or architect or contractor
allowed to the finder. In the problem,
within the period fixed therein. The
the finding of the treasure was not by
damages suffered by the lessee in the
chance because O knew that the treasure
problem are clearly those resulting from
was in Lot B. While a trespasser is also
defects in the construction plans or
not entitled to any share, and there is no
specifications.
indication in the problem whether or not
O was a trespasser, O is not entitled to a

Page 177 of 180

VKDUH EHFDXVH WKH ILQGLQJ ZDV QRW E\ or mother alone, even in a public
FKDQFH document, is not sufficient because the
father and mother did not have a special
power of attorney for the purpose. Under
Article 745 (NCC), the donee must accept
(C) A executed a Deed of Donation in favor
the donation personally, or through an
of B, a bachelor, covering a parcel of land
authorized person with a special power
valued at P1 million. B was, however, out of
of attorney for the purpose; otherwise,
the country at the time. For the donation to
the donation shall be void.
be valid, (1%)
No.3 is also false. B cannot accept the
(1). B may e-mail A accepting the donation. donation anytime at his convenience.
Under Article 749 NCC, the donee may
(2). The donation may EH DFFHSWHG E\ %V
accept the donation only during the
father with whom he lives.
lifetime of the donor.
(3). B can accept the donation anytime

(D) A executed a 5-page notarial will before
convenient to him.
a notary public and three witnesses. All of
them signed each and every page of the will.
(4). %VPRWKHU ZKR KDV DJHQHUDO SRZHU RI
attorney may accept the donation for him.
One of the witnesses was B, the father of
one of the legatees to the will. What is the
(5). None of the above is sufficient to make
effect of B being a witness to the will? (1%)
%VDFFHSWDQFHYDOLd
(1). The will is invalidated

SUGGESTED ANSWER:
No. 5 None of the above is sufficient to (2). The will is valid and effective
make B's acceptance valid .

(3)7KHOHJDF\JLYHQWR%VFKLOGLVQRWYDOLG
Since the donation covered an
immovable property, the donation and SUGGESTED ANSWER:
the acceptance must be in public

No. 3. The legacy given to B's child is
document and e-mail is not a public
not valid.
document. Hence, No.1 is false.
The validity of the will is not affected by
No. 2 and No.4 are both false. The
the legacy in favor of the son of an
DFFHSWDQFH E\ WKH GRQHHV IDWKHU DORQH

Page 178 of 180

attesting witness to the will. However, ALTERNATIVE ANSWER:

the said legacy is void under Article 823
NCC. (D). all the above
ALTERNATIVE ANSWER: (2). A deposit made in compliance with a

legal obligation is:
No. 2 .The will is valid and effective.
(A). an extrajudicial deposit;

Under Article 823 ( NCC ),the legacy
given in favor of the son of an
(B). a voluntary deposit;
instrumental witness to a will has no
effect on the validity of the will. Hence, (C). a necessary deposit;
the will is valid and effective.
(D). a deposit with a warehouseman;
(E). letters a and b

2007 Civil Law Exam MCQ
SUGGESTED ANSWER:
(September 09, 2007)
(C). a necessary deposit
No.IX. Multiple choice: Choose the right
answer. (2% each) (3). A contract of antichresis is always:
(1). The parties to a bailment are the: (A). a written contract;
(A). bailor; (B). a contract, with a stipulation that the

debt will be paid through receipt of the
(B). bailee;
fruits of an immovable;
(C) comodatario;
(C). Involves the payment of interests, if
owing;
(D). all the above;
(D). All of the above;

(E). Letters a and b

SUGGESTED ANSWER:
SUGGESTED ANSWER:

Page 179 of 180

(D). All of the above; (D). 1/3 of the total debts must be
represented by the approving creditors;
(4). An, assignee in a proceeding under the
Insolvency Law does not have the duty of: (E). Letters a and b
(A). suing to recover the properties of the SUGGESTED ANSWER:

state of the insolvent debtor;
(C). 3/5 of the number of creditors
(B). selling property of the insolvent debtor; should agree to the settlement;
(C). ensuring that a debtor corporation [Note: Items 4&5 on Insolvency Law are
operate the business efficiently and not included within the coverage of Civil
effectively while the proceedings are Law but Commercial Law. It is therefore
pending; suggested that the examinees be given
full credit for the two items regardless of
(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

UP LAW REVIEW
proposed settlement of the debtor in an
insolvency proceeding.
PHILIPPINE ASSOCIATION OF LAW
SCHOOLS (2008)
(A). the court must initiate the proposal
(B). 2/3 of the number of creditors should lawphil.net
agree to the settlement;
(C). 3/5 of the number of creditors

should agree to the settlement;

Page 180 of 180

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Civil Law Q&As (2007-2013) hectorchristopher@yahoo.com dbaratbateladot@gmail.

Questions and Suggested Answers

PHILIPPINE BAR EXAMINATIONS 2007-2013

(University of San Jose-Recoletos School of Law)

ANSWERS TO BAR EXAMINATION QUESTIONS by the

PHILIPPINE ASSOCIATION OF LAW SCHOOLS (2008)

The authors were LQVSLUHGE\WKHZRUNRI6LOOLPDQ8QLYHUVLW\V

Everyone is free to distribute and mass produce copies of this

The answers (views or opinions) presented in this reviewer are

Capacity; Juridical Capacity of Donee; Requisites for Acceptance (2012).......................12

Capacity: Legal Capacity; Lex Rei Sitae (2007)...............................................................13

Correction of Entries; Clerical Error Act (2008).............................................................14

Nationality Principle (2009)...........................................................................................14

Nationality Principle; Change of Name not Covered (2009).............................................15

Adoption; Illegitimate Child (2010)................................................................................18

$GRSWLRQ,OOHJLWLPDWH&KLOG8VHRI0RWKHUV6XUQDPHDV0LGGOH1DPH  ..............19

&RQVHQW&RQVHQWRIWKH$GRSWHUV+HLUV  .............................................................19

Qualifications of Adopter (2010)....................................................................................20

Marriage; Annulment; Grounds (2007)...........................................................................21

Marriage; Annulment; Parties (2012)..............................................................................22

Marriage; Annulment; Support Pendente Lite (2010)......................................................22

Marriage; Divorce Decrees; Filipino Spouse Becoming Alien (2009)................................23

Marriage; Divorce Decrees; Foreign Spouse Divorces Filipino Spouse (2012)..................24

Marriage; Divorce Decrees; Foreign Spouse Divorces Filipino Spouse (2010)..................25

Marriage; Legal Separation; Prescription (2012).............................................................25

Marriage; Legal Separation; Prescription (2007).............................................................26

Marriage; Psychological Incapacity (2013).....................................................................26

Marriage; Psychological Incapacity (2012).....................................................................28

Marriage; Requisites (2008)...........................................................................................28

Marriage; Subsequent Marriage (2008)...........................................................................29

Marriage; Void Marriages; By Reason of Public Policy (2008)..........................................30

Marriage; Void Marriages; By Reason of Public Policy (2007)..........................................30

Marriage; Void Marriages; Property Relations (2009)......................................................30

Marriage; Void Marriages; Status of Children (2009).......................................................31

Parental Authority; Illegitimate Minor Child (2009).......................................................32

Parental Authority; In Vitro Fertilization (2010)............................................................32

Paternity & Filiation; Child Born Under a Void Marriage (2010)....................................33

Paternity & Filiation; Impugning Legitimacy (2010).......................................................34

Paternity & Filiation; In Vitro Fertilization;

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Paternity & Filiation; Legitimacy; Presumption (2008)..................................................35

Paternity & Filiation; Legitimation of a Dead Child (2009).............................................37

Paternity & Filiation; Support: Ascendants & Descendants;

Collateral Blood Relatives (2008)...................................................37

Paternity & Filiation; Use of Surname; Illegitimate Child (2009)....................................38

Paternity & Filiation; Who May Impugn Legitimacy (2009)............................................39

Property Relations; Adulterous Relationship (2009).......................................................39

Property Relations; Accession (2012).............................................................................40

Property Relations; Ante-Nuptial Debt (2007)................................................................40

Property Relations; Unions Without Marriage (2012)......................................................41

Property Relations; Unions Without Marriage (2012)......................................................42

Property Relations; Void Marriages (2010).....................................................................43

Property Relations; Void Marriages (2010).....................................................................45

Heirs; Fideicommissary Substitution (2008)..................................................................46

Heirs; Intestate Succession; Legitime; Computation (2010)...........................................47

Heirs; Representation; Iron-Curtain Rule (2012)............................................................49

Heirs; Reserva Troncal (2009)........................................................................................49

Intestate Succession (2008)...........................................................................................50

Intestate Succession (2008)...........................................................................................51

Intestate Succession; Rights of Representation:

Illegitimate, Adopted Child; Iron Curtain Rule (2007)....................51

Legitimes; Compulsory Heirs (2012)..............................................................................53

Legitime; Compulsory Heirs (2008)................................................................................53

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2013 Civil Law Exam MCQ (OctobeU..........118

2012 Civil Law Exam MCQ (OctobeU.....130

2011 Civil Law Exam MCQ (NovembHU.......149

2010 Civil Law Exam MCQ (SeptembHU......176

2007 Civil Law Exam MCQ (September 09, ......179