2007 bar questions and suggested answers (CIVIL LAW

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Civil Law
I. Distinguish the following concepts: 1. Occupation v. possession. (5%) Occupation is a mode of acquiring ownership which involves some form of holding (Articles 712 & 713, New Civil Code). Possession is the holding of a thing or the enjoyment of a right. (Article 532, NCC). Occupation can take place only with respect to property without an owner, while possession can refer to all kinds of property, whether with or without an owner. Occupation in itself, when proper, confers ownership; but possession does not by itself give rise to ownership. (II Tolentino, Civil Code, 1992 ed., p. 489). 2. Illegal and impossible conditions in a simple donation v. illegal and impossible conditions in an onerous donation. (5%) Illegal or imposable conditions in simple conditions are considered as not imposed, hence the donation is valid. (Art. 727, NCC). On the other hand, donations with an onerous cause shall be governed by the rules on contract (Art. 733, NCC). Under Art. 1183 0f the New Civil Code, “(I)mpossible conditions, those contrary to good customs or public policy and those prohibited by law shall annul the obligation which depends upon them.” Thus, the onerous donation is void. II. (10%) Manila Petroleum Co. owned and operated a petroleum operation facility off the coast of Manila. The facility was located on a floating platform made of wood and metal, upon which was permanently attached the heavy equipment for the petroleum operations and living quarters of the crew. The floating platform likewise contained a garden area, where

NCC. Inc. it may be brought from place to place for various purposes or may be towed or tethered to other vessels. are intended by their nature and object to remain at a fixed place on a river. et. The Province of Batangas. v. Article 415(9) of the New Civil Code considers as a real property “docks and structures which. the MV 101. 1.R.al. though. 2007. No. Alternative Answer: The platform is a movable property if it is not permanently attached or anchored to the ship or seabed. This case is beyond the coverage of the 2007 Bar Exam. lake or coast. Batangas are real property under Article 415(9) of the Civil Code. 168557.” NOTA BENE: In Fels Energy. It is intended to meet the needs of the industry being undertaken by Manila Petroleum Co. As a result. The equipment partakes of the nature of the immovable upon which it has been placed. the Court ruled that the power barges moored off the coast of Balayan. the same is real property under paragraph 5 of Article 415. Is the platform movable or immovable property? Alternative Answer: The platform is an immovable property by destination. floating. 2. . The platform was tethered to a ship. It was intended by the owner to remain at a fixed place on a river or coast. which was anchored to the seabed. G.. Are the equipment and living quarters movable or immovable property? Alternative Answer: With respect to the equipment.trees. February 16. plants and flowers were planted.

Alternative Answer: With respect to the equipment. while they are attached to the land or form an integral part of the immovable” are likewise immovable property. Art. NCC) III. plants. plants and flowers are movable because they are not attached to the land or form an integral part of any immovable. 415[3]. if attached to the immovable platform with permanence. (par. having been “planted” in the garden area under Art. Are the trees. Alternative Answer: If the platform is movable property. then the living quarters are movable property. NCC). plants and flowers are also immovable. becomes an immovable as well. or is merely superimposed on the platform. If the platform is movable property. Permanence means they cannot be separated without destroying the platform or the quarters.2. 415(2) which provides that “Trees. The equipment partakes of the nature of the immovable upon which it has been placed. (Art. then the trees. 3. then the living quarters are movable property as well because they partake of the nature of the platform to which they are attached.The living quarters. if the attachment is not permanent. It is intended to meet the needs of industry being undertaken by Manila Petroleum Co. On the other hand. Explain the following concepts and doctrines and give an example of each: 1. concept of trust de son tort (constructive trust) (5%) A constructive trust is a form of implied trust created by equity to . the same is real property under paragraph 5 of Article 415. plants and flowers immovable or movable property? Alternative Answer: The trees. 415. and growing fruits.

IV. No. (10%) Bedrock Land & Property Development Corp. An example of constructive trust is when a property is acquired through mistake or fraud. semideveloped or raw land. it embarked on an aggressive land banking program. is by force of law. IAC. L-12219. duress. (Huang v. July 16. It employed "scouts" who roam all over the Philippines to look for and conduct investigations on prospective sites for acquisition and development. September 13. if a truck driver saw an oncoming car that swerved and entered the truck’s lane to avoid running over a pedestrian. G. then the truck driver shall be solely responsible for the accident. NCC). doctrine of discovered peril (last clear chance) (5%) The doctrine of discovered peril. obtains or holds the legal right to property which he is not entitled to under the law. In order to replenish its inventories. Smith.R. G. the person obtaining it. 2. is also known as the doctrine of last clear chance. March 15. even though he could have done so to avoid a collision. (Art. The management of Bedrock asks you as the company counsel to prepare a manual containing a .meet the demands of justice. No. condominium units and industrial estates. For example.R. applies in a situation where both parties are negligent so that the party who had the last clear chance or opportunity to avoid the accident by proper care. 1992). L-68102. considered a trustee of an implied trust for the benefit of the person from whom the property comes. G. (Mckee v. 1918). whether developed. is a development company engaged in developing and selling subdivisions. is considered solely responsible for the accident. 1456. It arises contrary to intention against one who. undue influence or mistake or breach of fiduciary duty or wrongful disposition of another’s property. by fraud. 108525. and the truck driver did not slow down or move to the side of the road and give way to the oncoming car. but failed to do so. 1994). No. or abuse of confidence. Court of Appeals.R. (Picart v.

the following properties may not be registered under the Torrens System with any Register of Deeds: (a) inalienable lands of the public domain. 957 (An Act Regulating the Sale of Subdivisions and Condominiums) 9. (10%) What are obligations without an agreement"? Give five examples of situations giving rise to this type of obligations? . No. P. 4276 (An Act Amending P. 141. Act No.D.A. 2259 (The Cadastral Act) 5. 3344 (System of Recording for Unregistered Real Estate) 6. mineral lands. 1. Section 194 of the Administrative Code as amended by Act No. one or more of the following will be the governing laws relating to land acquisition of title to land are as follows: 1. The Civil Code of the Philippines 4. 1529 (Property Registration Decree) 2. 1073 (Extending the Period for Administrative and Judicial Legalization of Imperfect Title) 7.D. 957) 10. and (b) those prohibited under the Constitution (such as national parks. Real Property Tax Code 2.) V. Article XII of the 1987 Constitution 8. Public Land Law (CA No. 2837 and Act No. The manual should include the following items: Supply this information. What is the governing law? Depending on the transaction involved. What properties are not registrable? With respect to the land banking program of Bedrock.summary of the pertinent laws and regulations relating to land registration and acquisition of title to land. P. forest or timber lands and agricultural lands not classified as alienable and disposable. P.D. No. No. R. No. as amended) 3.D.

When a person voluntarily takes charge of the agency or management of the business or property of anther. (3) delict. if the owner is in a position to do so. A person intentionally damaged a property of another. b. and it was unduly delivered through mistake. or to require the person concerned to substitute him. obligations may arise from (1) law. NCC) 7. Examples of situations giving rise to “Obligations without an agreement” are as follows: 1. A law was passed requiring the payment of a specific kind of tax. 5. Apart from contracts. 6.Obligations without an agreement are those which are not based on contract. A person. NCC) 3. the obligation to return it arises. This juridical relation does not arise in either of these instances: a. and (4) quasi-delict. caused damage or injury to another. without any power from the latter. 2206. The obligation of the culprit to pay actual damages for causing the death of a person is one which arises from delict or crime (Art. (Article 2154. If in fact the manager has been tacitly authorized by the owner (Article 2144. (2) qausi-contract. When the property or business is not neglected or abandoned. If something is received when there is no right to demand it. through negligence. is one that arises from quasi-contract (Article 2154. he is obliged to continue the same until the termination of the affair and its incidents. 2. the recipient not having the right to demand it. The obligation of the tortfeasor to pay damages for injuries or . The obligation by the recipient to return what has been paid or delivered to him by mistake. NCC) 8. NCC) 4.

VI. 1951. No. while waiting for her turn to sign the will. Hannah. May the will of Clara be admitted to probate? Give your reasons briefly. beside the table on which everyone was signing. A week after. thinking of her mortality.R. the will of Clara may be probated. NCC) and 9. Yes. Clara fell down the stairs and broke both her arms. characterized by fault or negligence. (Garcia v. De Gala v. While the will was being signed. La Cuesta. Luisa and Benjamin to be witnesses. No.damages caused by him to another person due to his act or omission. 1933). Clara insisted on signing her will by thumb mark and said that she can sign her full name later. A thumbmark has been considered by the Supreme Court as a valid signature if intended by the testator to be his signature. (10%) Clara. had she wanted to. aside from witnessing the will.R. was reading the 7th Harry Potter book on the couch. L-4067. drafted a will and asked Roberta. Coming from the hospital. Roberta could see Clara and the other witnesses sign the will at any time while she was in the toilet. G. 2176. Clara was run over by a drunk driver while crossing the street in Greenbelt. also offered to notarize it. November 29. Hannah. November 28. L-37756. The obligation to pay reward for a certain act or accomplishment pursuant to a promise made to the general public is an obligation based on unilateral promise. Benjamin. Roberta experienced a stomach ache and kept going to the restroom for long periods of time. . Gonzales. is one which arises from quasi-delict (Art. G. During the day of the signing of her will. The three witness rule required for the validity of an ordinary will is satisfied provided either of the two conditions exists: 1.

(2%) TRUE 2. While single. the same is valid if the will was acknowledged before a Notary Public other than Benjamin. Roberta.. No. VII. (2%) FALSE. 5971. February 27. without the knowledge of his parents. a Filipino. Civil Code. Under Article 94(7) of the Family Code. Write "TRUE" if the statement is true or "FALSE" if the statement is false. (2%) Alternative Answer: FALSE. Yap Tua v. If Roberta could not have seen Clara and the other witnesses sign the will. 3. G. the prescriptive period begins to run upon the commission of each act of infidelity.2. 1. 321) Hence. Rimando.R. Yap Ka Kuan. NO. If the statement is FALSE. provided that he is position to see them sign if he chooses (Nera v. In 1995. After the marriage. Every act of sexual infidelity committed by the man is a ground for legal separation under Article 55(8) of the Family Code (Tolentino. state the reason.R. Thus. purchases a house and lot in 1990 and borrows money in 1992 to repair it. 17 years of age. can acquire a house in Australia because Australian Laws allow aliens to acquire property from the age of 16. If a man commits several acts of sexual infidelity. It is not necessary that the testator or the witnesses should actually see the others subscribe their names to the instrument. 2004. the prescriptive period to file for legal separation runs from 2002. 1914). the signing must be considered to be in the presence of Hannah. who was reading a book on the couch beside the table. ante-nuptial debts . 1911. such individual gets married while the debt is still being paid. L-6845. September 1. 1990 ed. particularly in 2002. 2005. 2003. An individual. the debt is still the responsibility of such individual. G. (2% each).

Julian and Thelma can get married. Jennifer acquired it and placed it in his bedroom. 5. Marsha is now estopped from filing an annulment case against John. Amor gave birth to Thelma when she was 15 years old. Amor met David and they got married when she was 20 years old. this marriage may be valid. If the marriage was solemnized during the effectivity of the New Civil Code. under the Family Code. Marsha continued to live with John for 2 years. Jennifer and Brad were madly in love. Julian. John told her that he was impotent. In 1989. Marsha is not estopped from filing an annulment case against John on the ground of impotency under Article 45(5) of the Family Code. David had a son. the law does not allow ratification under Article 45(5). Alternative Answer: FALSE. FALSE. with his ex-girlfriend Sandra. FC) VIII. Brad . Unlike the other grounds for annulment of voidable marriages which are subject to ratification by continued cohabitation. However. In 1990. (Article 38. (10%) In 1986. Alternative Answer: TRUE. because a certain Picasso painting reminded Brad of her. Alternative Answer: TRUE 4. Thereafter. The day after John and Marsha got married.of either spouse shall be considered as the liability of the absolute community property insofar as they have redounded to the benefit of the family. the marriage between stepbrother and stepsister is void (Article 80[7]).

IX. the legacy is void. if he erroneously believed he owned the painting. this is a legacy of property not owned by the testator. all the above. (2% each) 1. The painting is not a property of Brad which he can dispose by will. Multiple choice: Choose the right answer. d. Brad in his will bequeathed the painting to Angie. Angie refused and claimed that Brad. there can be no valid donation of such a valuable painting because it was not reduced to writing as required by Article 748(3) of the New Civil Code. letters a and b E 2. bequeathed the painting to her. Saddened by Brad’s death. Brad died in 1995. bailee. c. Is Angie correct? Why or why not? Angie is not correct. e. comodatario. b. it may be considered as an instruction to acquire the painting from Angie. Jennifer asked for the Picasso painting as a remembrance of him. However. in his will. he met Angie and fell in love. While Brad was mending his broken heart.and Jennifer broke up. A deposit made in compliance with a legal obligation is: . Therefore. The parties to a bailment are the: a. bailor. Even if the painting was bought while they were madly in love. Because the Picasso painting reminded Angie of him. If Brad knew that he did not own the painting.

d. a contract. C . ensuring that a debtor corporation operate the business efficiently and effectively while the proceedings are pending. with a stipulation that the debt will be paid through receipt of the fruits of an immovable. All of the above. b. selling property of the insolvent debtor. c. an extrajudicial deposit. Letters a and b D 4. d.a. assignee in a proceeding under the Insolvency Law does not have the duty of: a. if owing. A contract of antichresis is always: a. suing to recover the properties of the state of the insolvent debtor. a deposit with a warehouseman. e. collecting and discharging debts owed to the insolvent debtor. d. c. b. a voluntary deposit. letters a and b C 3. a written contract. An. b. e. a necessary deposit. Involves the payment of interests. c.

a. Anna never married. In 2007. Cherry. (Article 990. assume all formalities and procedural requirements have been complied with. NCC). Fiona.In 1970. Ramon had a child. 3/5 of the number of creditors should agree to the settlement. If Anna is a legitimate child. Anna. Lia and Michele are the only possible heirs of Ramon. Ramon and Dessa got married. Larry had twins. Prior to their marriage. Michelle will not inherit from Ramon.respectively. may be represented by her descendants. e. 1/3 of the total debts must be represented by the approving creditors. with his girlfriend. Larry.and Cherry died in a car accident. (10%) For purposes of this question. Lia. Dessa died while giving birth to Larry. In 1971 and 1972. unless the word “respectively” means she was adopted only by Dessa. In 2005. on the other hand. 2/3 of the number of creditors should agree to the settlement. . the court must initiate the proposal b. In order to obtain approval of the proposed settlement of the debtor in an insolvency proceeding. legally adopted Shelly. Ramon died. In the latter case. Letters a and b B X. In 1973. Lia succeeds by representation of Anna who. d. NCC) Michelle may inherit as an adopted child of Ramon. Anna.Ramon and Dessa legally adopted Cherry and Michelle.Who may inherit from Ramon and who may not? Give your reasons briefly. if she is an illegitimate child of Ramon. Hans and Gretel.Anna had a child. Lia may not inherit (Article 992. c.5.

being illegitimate children of Larry. NCC) . Hans and Gabriel. 448-449). III Tolentino. 2006 ed. (Rabuya. 1992 ed.. Larry and Cherry will not inherit from Ramon because they predeceased Ramon. NCC) Dessa.Shelly cannot inherit from Ramon.. The legal relationship does not extend to the children of the adopted. She cannot represent Cherry in the inheritance of Ramon since filiation created by adoption is exclusively between the adopter and the adopted. (Article 992. Civil Code. The law requires that one must be alive to be capacitated to inherit. Ana . Law on Persons and Family Relations. cannot inherit from Ramon ab intestato because of the barrier between the legitimate and the illegitimate. (Article 1025.

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