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Pre-Week Review On Civil Law: Notes of Hotjurist
Pre-Week Review On Civil Law: Notes of Hotjurist
2) a. What is the effect of the acts executed against the mandatory and prohibitory provisions of
law?
Ans:
Acts done in contravention of prohibitory and mandatory provisions of law are null and
void, except when the law itself provides for their validity (Art. 5, NCC)
b. State at least 3 exceptions when acts executed against mandatory laws are valid. (see page 3,
ibid)
3) What is the concept of Stare decisis?
Ans:
Judicial decisions interpreting the law shall form part of the Philippine legal system (Art.
8, NCC)
1) A & B, both Filipino got married. B became naturalized American citizen and got a divorce decree
against A in Rino, Nevada. Divorce is recognized in the United States, but not in the Philippines.
A subsequently got married to C.
a) Is the marriage of A to C valid under Philippine law?
Ans:
Yes. In Llorente vs. Llorente, decided by the Supreme Court of the Philippines in 2000,
the marriage under identical facts was held to be valid, applying the nationality principle
to B under Article 15 of the Civil Code which provides that laws relating to family rights
and duties, or the status, condition and legal capacity of persons are binding upon
citizens of the Philippines, even though living abroad.
Since B was an American when he obtained the Divorce decree, US law, which
recognizes absolute divorce, applies.
In the recent case of Republic vs. Orbecido, decided in 2005, the Supreme Court,
interpreting Article 26, paragraph 2, ruled that:
The intent of par. 2, Article 26 is to avoid the absurd situation where the
Filipino spouse remains married to the alien spouse who, after obtaining a
divorce, is no longer married to the Filipino spouse.
The reckoning point is not the citizenship of the parties at the time of the
celebration of the marriage, but their citizenship at the time a valid divorce is
obtained abroad by the alien spouse capacitating him to remarry.
2) Will your answer be the same, if B obtained first the Divorce decree before becoming a
naturalized American citizen?
Ans:
No. In Republic vs. Iyoy, 470 SCRA 519 (Sept. 21, 2005), the Supreme Court held that
Article 26, paragraph 2 is not applicable to a Filipino spouse who became a naturalized
American after obtaining the divorce decree. When the divorce decree was obtained, he
was still a Filipino citizen bound by Philippine laws on family rights and duties, status,
condition and legal capacity.
3) A, married to B, got an illegal Divorce against B in the US and then married C. C got mad at A
upon learning that their marriage is void. A filed an action to declare his marriage to B a nullity
under Art. 36 of the Family Code. May C intervene in said action?
Notes of hotjurist
In foro conscientiae
Ans:
No, she has no legal interest because she was never a legal wife of the Petitioner. Her
marriage to him is void because at the time of her marriage to the Petitioner, the latter
was still lawfully married to B. (Elmar Perez vs. Court of Appeals and Tristan
Catindig, G.R. No. 162580)
The husband is presumed impotent if the wife remains a virgin after living together for 3
years. (US jurisprudence).
2) Enumerate the instances when fraud constitutes a ground for annulment of marriage.
Ans:
3) In what cases between members of the same family is earnest effort for compromise not
required/necessary?
Ans:
Future support;
Future legitime.
4) Are chronic lying and fantasizing a ground for declaration of nullity based on psychological
incapacity under Article 36 of the Family Code?
Ans:
Yes, as held by the Supreme Court in a recent case where inveterate lying impairs the
capacity of the liar to perform essential marital obligation, pre-existing and present at the
time of the celebration of the marriage, grave and incurable.
V
1) a) When may the illegitimate children use the surname of the natural father?
Notes of hotjurist
In foro conscientiae
Ans:
When their filiation has been expressly recognized by their father through (1) the record
of birth appearing in the civil registrar (2) in a public document (3) or private handwritten
instrument of the father.
There is no need to go to court to establish filiation and authorization to use the surname
of the father.
Aside from the foregoing, filiation may be established by (1) the open and continuous
possession of the status of an illegitimate child; or (2) any other means allowed by the
Rules of Court and special laws. (Art. 172, Civil Code).
2) a) When may entries in the civil registry be corrected without a judicial order?
Ans:
3) What are the requirements for a decree of declaration of nullity to be final and executory where
there are assets for partition and there are children borne of the marriage declared null and void?
Ans:
There must be a partition and delivery of the presumptive legitime to the children.
V
1) Is the sale of the reclaimed and the submerged area of Manila Bay to AMARI, a private
corporation valid? Reasons.
Ans:
The sale of the reclaimed lands in Manila Bay registered in the name of PEA falling
under lands of the public domain in favor of AMARI, a private corporation is void for
being contrary to Section 3, Article XII of the 1987 Constitution which prohibits private
corporations from acquiring any kind of alienable land of the public domain.
The sale of the still submerged area of Manila Bay to AMARI is void for being
contrary to Sec. 2, Art XII of the 1987 Constitution which prohibits the alienation of
natural resources other than agricultural lands of the public domain.
Private corporations cannot hold, except by lease, alienable lands of the public
domain.
Submerged lands, like the waters (sea or bay) above them, are part of the States
inalienable natural resources. Submerged lands are property of public dominion,
absolutely inalienable and outside the commerce of man. This is also true with
respect to foreshore lands. Any sale of submerged or foreshore lands is void being
contrary to the Constitution.
Yes. The salvage zone consisting of lands measuring twenty (20) meters measured
landward from the interior limit of the shoreline is capable of private ownership and being
validly covered by a Torrens Title subject to the easement of public use, more specifically
easement of salvage and costal police imposed by law. (Maristela vs. Director of
Lands, et. al., G.R. No. 34901-R, September 7, 1968; 65 O.G. No. 46, pp. 12744-12747;
Art. 9, Spanish Law of Waters of 1886; Article 51, Water Code; Art. 420, new Civil Code)
Notes of hotjurist
In foro conscientiae
Ans:
Where the real property involved is covered by a Torrens title, the buyer, mortgagee, or,
any person dealing with said realty need not go beyond what appears on the face of the
title. He is charged with notice only of such burdens and claims as are annotated on the
title. (Clemente vs. Razo, G.R. No. 151245, March 04, 2005)
No. Banks, their business being impressed with public interest, are expected to exercise
more care and prudence than private individuals in their dealings, even those involving
registered lands. Hence, for merely relying on the certificates of title and for its failure to
ascertain the status of the mortgaged properties as is the standard procedure in its
operations, the bank is a mortgagee in bad faith. (Consolidated Rural Bank vs. CA,
G.R. No. 132161, January 2005)
The following:
V
1) A constructed a building on the land of B knowing that the land belongs to B. A arranged for the
issuance of a fraudulent title over the land in his name.
a) What are the rights of B with respect to the building?
b) Will your answer be the same if A were in good faith?
Ans:
a) Because A is in bad faith, B may demand demolition of the building at the expense A,
or he may compel A to pay the price of the land.
b) No. If A were in good faith, he cannot be compelled to buy the land if its value is
considerably more than that of the building, if the owner does not choose to
appropriate the building after proper indemnity. He shall pay reasonable rent.
(Rosales vs. Casteltort, October 5, 2005)
2) a) What are the two stages in expropriation proceedings?
Ans:
The concept of public use is no longer limited to traditional purposes. Here, as elsewhere,
the idea that public use is strictly limited to clear cases of use by the public has been
abandoned. The term public use has now been held to be synonymous with public
interest, public benefit, public welfare, and public convenience. (Reyes vs. NHA,
395 SCRA 494 [2003])
c) What is the interest rate in expropriation cases?
Notes of hotjurist
In foro conscientiae
Ans:
Legal rate is 6% from the time of taking to the time of payment. Back rentals not
recoverable. (MIAA vs. Rodriguez)
V
1) What are the requisites of:
c) Reserva Troncal (p. 90, 1st Study Guide for the Bar)
d) Fideicommissary Substitution (p. 90, 2nd Study Guide for the Bar)
2) What is disposicion captatoria? Is it valid? What is its effect on the testamentary disposition?
Ans:
The condition that the heir shall make some provision in his will in favor of the testator or
of any other person is what is known as a condition captatoria. Consequently, if the
testator makes a testamentary disposition in his will subject to such a condition, it is
known as a disposicion captatoria. Under our law, not only the condition but the entire
testamentary disposition shall be void (Art. 875, NCC). The reason for this is that
sucession is an act of liberality and not a contractual agreement. Besides, to permit it
would impair the heirs freedom of disposition with respect to his own property.
Furthermore, it would be equivalent to allowing the testator to dispose of the property of
another after the latters death (6 Manresa 241).
3) Distinguish between the free portion and the disposable free portion?
Ans:
Where there are other heirs entitled to legitime, like illegitimate children who are entitled
to of the legitime of the legitimate children, the legitime of the latter shall be taken from
the free portion consisting of of the hereditary estate. The free portion shall no longer
be disposable if the decedent is survived by legitimate children or descendants, the
surviving spouse, and several illegitimate children so that there is nothing left for free
disposal (Art. 895, NCC), such as when there is a concurrence of one legitimate child, the
surviving spouse, and 2 or more illegitimate children.
V
1) What are the requisites of a contract?
Ans:
The following: (1) consent (2) object certain (3) cause or consideration.
2) What is a contract-implied-in-fact? Give an example (see p. 101, 1st Study Guide for the Bar)
3) What are the essential characteristics of contracts?
a) Obligatory force binding on the parties.
b) Relativity of contract binding only on the parties except where there is a stipulation pour atrui in
favor of a third party accepted by the latter.
Notes of hotjurist
In foro conscientiae
c) Mutuality of contracts based on essential equality between the contracting parties. The
obligation is void for being potestative if its compliance and validity depends exclusively upon the
will of one of the contracting parties.
d) Autonomy or freedom of contracts the parties may make any stipulation or covenant provided
that it is not contrary to law, morals, good customs or public policy.
e) Complimentarity of contract or contracts construed together principle the implementing
agreement cannot vary the main agreement of which it is a part.
X
1) A sells his car to B to be delivered to and be paid by B after one week. On the 3 rd day, the Car is
hit by lightning and is totally wrecked.
Who bears the risk of loss?
Ans:
A because ownership still remains with him and will be transferred to the Buyer only upon
delivery. The owner bears the risk of loss. Res perit domino. B is not obliged to pay A.
No. Mere notice to creditor is sufficient. Please read pp. 134 to 136 of the 2 nd Study
Guide for the Bar for a comprehensive discussion)
3) a. Define obligation?
Ans:
Contract law between the parties provided it is not contrary to law, morals, good
customs, public order or public policy.
Quasi-delicts or tortuous acts by any person who, there being fault or negligence causes
damage to another.
Notes of hotjurist
In foro conscientiae
d. What are the different kinds of an obligation? (read 2nd Study Guide for the Bar pp. 115-131)
e. What are the modes of extinguishing an obligation?
Ans:
The following:
1
NO Novation
CO Compensation
PA Payment or performance
AN Annulment
RE Rescission
PRES - Prescription
X
1) Explain the concept and nature of natural obligations.
Ans:
Natural obligations, not being based on positive law but on equity and natural law, do
not grant a right of action to enforce their performance, but after voluntary fulfillment by
the obligor, they authorize the retention of what has been delivered or rendered by
reason thereof (Art. 1423).
Article 2142. Certain lawful, voluntary and unilateral acts give rise to the juridical relation
of quasi-contract to the end that no one shall be unjustly enriched or benefited at the
expense of another.
3) Define:
a. Negotiorum gestio
b. Solutio Indebiti
Ans:
a. Negotiorum gestio Article 2144. Whoever voluntarily takes charge of the agency or
management of the business or property of another, without any power from the latter, is
obliged to continue the same until the termination of the affair and its incidents, or to
require the person concerned to substitute him, if the owner is in a position to do so.
b. Solutio Indebitii Article 2154. If something is received when there is no right to
demand it, and it was unduly delivered through mistake, the obligation to return it arises.
X
1) Are corporations entitled to recover moral damages?
Ans:
2) A marries B while As marriage to C has not been dissolved. C sues A for Bigamy. Thereafter, A
files a case for annulment of marriage against C on the ground of fraud.
Notes of hotjurist
In foro conscientiae
May the criminal action be suspended on the ground of Prejudicial Question? Give 2 reasons.
ANS:
No. (1) Under the new rule, the civil action must have been filed ahead of the criminal
action for prejudicial question to apply.
(2) The issue in the civil case is not determinative of the guilt or innocence of A in the
criminal case. Bigamy is committed by a person who contracts a second marriage while
the first marriage is subsisting and has not been dissolved. Whether the prior marriage is
dissolved or not, bigamy may be committed.
X
1) Is extra-judicial foreclosure before a notary public valid?
Ans:
Yes, it is allowed under Act 3135 (Tagunicar vs. Lorna Espress, February 28, 2006, J.
Gutierrez)
2) When may a mortgagor file a motion to set aside foreclosure sale in the same summary
proceeding for issuance of a writ of possession?
Ans:
Within 30 days from the time possession is turned over to the mortgagee or highest
bidder.
3) Under the Recto law, may property be foreclosed other than the chattels acquired by the loan
secured by the chattel mortgage?
Ans:
No, because that would violate the rule against deficiency judgment in case of
foreclosure upon default in the payment of 2 or more installments. As held by the
Supreme Court in a case, the other property included in the chattel mortgage may not be
foreclosed.
Notes of hotjurist
In foro conscientiae