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A Compilation of the
In the
In
CIVIL LAW
Compiled and Arranged By:
Baratbate-Ladot, Delight
&
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FOREWORD
This work is a compilation of the ANSWERS TO BAR
EXAMINATION QUESTIONS by the UP LAW COMPLEX ,
Philippine Association of Law Schools from 2007-2010 and
local law students and lawyers’ forum sites from 2011-2013
and not an original creation or formulation of the author.
The Authors.
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TABLE OF CONTENTS
(Titles are based on Silliman’s Compilation [Arranged by Topic])
Persons
Capacity: Juridical Capacity (2008)...............................................................................12
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
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Family Code
Marriage; Annulment; Grounds (2009)...........................................................................20
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Paternity & Filiation; Legitimation of a Child from a Previous Valid Marriage (2008).....36
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Succession
Disposition; Mortis Causa vs. Intervivos; Corpse (2009).................................................46
Succession; Proof of Death between persons called to succeed each other (2008)..........55
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Donation
Donations; Formalities; In Writing (2007)......................................................................63
Property
Accretion; Alluvium (2008)............................................................................................65
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Contracts
Contract to Sell vs. Conditional Contract of Sale (2012)................................................90
Obligations
Extinguishment; Compensation (2009)..........................................................................91
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Trust
Trust De Son Tort (2007)...............................................................................................98
Sales
Condominium Act; Partition of a Condominium (2009)..................................................99
Lease
Builder; Good Faith; Useful Improvements (2013)........................................................103
Agency
Agency; Sale of a Real Property through an Agent (2010).............................................104
Partnership
Liability; Liability of a Partner (2010)..........................................................................105
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Guaranty
Guaranty (2009)...........................................................................................................108
Surety
Surety (2010)...............................................................................................................108
Pledge
Pledge; Pactum Commissorium (2009).........................................................................109
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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
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?
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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
the mother’s womb. Since Angela had an 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
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.
Capacity: Legal Capacity; Lex Rei Sitae upon the citizens of the Philippines,
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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:
(A). Can a judicial action for correction of registrar or the consul general to correct
SUGGESTED ANSWER:
Nationality Principle (2009)
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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.
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(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
Adoption
Jurisdiction; Courts may Assume
Jurisdiction over Conflict of Laws Cases
Adoption; Termination; Death of Adopter
(2010)
(2009)
(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
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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
proceedings.
On Lea’s discovery of Rex’s fathering a child
(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.
who dies before the decree is issued, it is still adopt his illegitimate child? Explain.
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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 in Manila. On the first year of the spouses’
written consent of Jane, if she is over tour of duty in the Philippines, Margarita
ten years old (Sec. 9(d), RA 8552). filed an annulment case against Emmanuel
before a Philippine court on the ground of
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her husband’s sterility at the time of the 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).
Emmanuel’s sterility? Explain. (3%) 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
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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:
consummate is a valid ground for the During the pendency of the case, the couple
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
agree? Explain your answer. (5%) day-to-day living expenses and upkeep of
the children. The Court approved the
SUGGESTED ANSWER: spouses’ agreement on September 8, 2000.
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%)
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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:
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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 ).
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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 :
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the commission of the latest act of before you is a Petition for the Declaration
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.
the statement is FALSE, state the reason.
(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
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early adulthood and one that is grave and mere conclusions. Being a drunkard, a
incurable. Maria testified on the specific womanizer, a gambler and a mama’s boy,
instances when she found Neil drunk, with merely shows Neil’s failure 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).
Dr. Chan’s report corroborated by
In this case, the pieces of evidence
Maria’s and Ambrosia’s testimonies,
presented are not sufficient to conclude
therefore, sufficiently prove Neil’s
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
obligations. Dr. Chan’s report contains
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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
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,
psychologist’s independent assessment
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
respondent’s psychological incapacity if requisites renders the marriage void ab
initio. However, no license shall be
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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 Niñal 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:
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
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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.
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
Yes. Jon and Jane can marry each other; No. III. In December 2000, Michael and
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license, went to the Office of the Mayor of impediment for them to validity marry
Urbano, Bulacan, to get married. The each other.
Mayor was not there, but the Mayor’s
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
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%) secretary who returned to the Mayor’s
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%)
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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
he is Rona’s choice as custodial parent, will
ALTERNATIVE ANSWER: the court grant Rodolfo’s petition? Why or
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
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to her delivery. Gigolo would thereafter pay in Parañaque. 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
Paternity & Filiation; Child Born Under a parents. The annulment of a voidable
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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
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
continued to live under one roof. B begot a Code, G's daughter by another man shall
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 undertook to underwrite Majorette’s pre-
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
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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.
child. Gigolo, therefore, has no right to inheritance from Gigolo? Explain. (2.5%)
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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%)
(2%)
No. Laica cannot be legitimated by the
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Paternity & Filiation; Legitimation of a Elena has a daughter Jane, from a previous
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their own. Sandy was orphaned as a baby Paternity & Filiation; Use of Surname;
and was entrusted to them by the midwife Illegitimate Child (2009)
who attended to Sandy's birth. All the
children, including Amy, now live with No.XIV. Rodolfo, married to Sharon, had an
(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).
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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.
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(B). If there is no marriage settlement, the more than the value of the land, the
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SUGGESTED ANSWER:
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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:
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
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
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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
removed the disqualification. In such balance was paid out of the spouses’
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But if the ownership of the house and lot of the house and lot in equal shares.
(1) 1/3 of the house and lot is owned by acquired it during their cohabitation, it
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
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The answer is the same as in letter A. in Parañaque. 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:
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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.
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(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). Who are Peter’s legal heirs and how will
Raymond? (2%) his estate be divided among them? (5%)
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
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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 ¼ 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 ¼ 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
(A) If the ground of nullity is (B). What is the effect of the receipt by
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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
Why? (5%)
SUGGESTED ANSWER:
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the uncles and the aunts, and half blood (1). The wife of Ramon will, therefore,
relatives inherit half the share of receive one half (½) 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.
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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 ½ 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
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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
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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?
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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.
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%)
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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%)
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
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Marilyn is now claiming for herself and her Since succession is not involved as
children her husband’s share in the estate regards the insurance contract, the
left by Dr. Lopez, and her husband’s share provisions of the Rules of Court (Rule
in the proceeds of Dr. Lopez’s life insurance 131, Sec. 3 , [jj] [5] ) on survivorship
policy. Rule on the validity of Marilyn’s 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
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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
However, if the cancellation of Rosa’s
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.a) Natividad’s holographic will, which
had only one (1) substantial provision, as The writing of Gregorio’s name as sole
first written, named Rosa as her sole heir. heir was ineffective, even though written
However, when Gregorio presented it for by the testator himself, because such is
heir, but without authentication by the testator to be valid and effective. Not
authentication. She claims that the (Kalaw v. Relova, G.R. No. L-40207, Sept
name in the will was done by the Fuentes executed a holographic will,
testator himself, Rosa’s claimed that the wherein he gave nothing to his recognized
holographic will in its original tenor illegitimate son, Jay. Dr. Fuentes left for the
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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).
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
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.
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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,
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(1) Should the will be admitted to probate? valid, the testamentary prohibition on the
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
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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:
SUGGESTED ANSWER:
Wills; Testamentary Disposition; Period
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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.
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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.
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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."
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.
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donation inter vivos (Art. 729, Civil donation shall take effect upon the
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,
them to be “irrevocable,” a quality 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
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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:
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(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:
Marciano’s contention is correct. Since
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
children. Although Marciano’s land is
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.
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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
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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%)
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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. prejudicial to Brando’s property, as
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
proprietor’s own acts; and
(Quimen v. Quimen and CA, G.R. No.
(4) The right of way claimed is at a point 112331, May 29, 1996).
However, the Supreme Court has easement burdening Brando’s lot, was it
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
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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,
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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
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(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:
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(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
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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
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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
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
(A). Can Cathy lawfully ask for demolition of (B). Can Bobby legally insist on purchasing
Bobby's house? (3%) the land? (2%)
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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?
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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:
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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
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(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
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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.
SUGGESTED ANSWER:
SUGGESTED ANSWER:
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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:
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purchaser unregistered lands sold to him land registration and acquisition of title to
under execution (Williams v. Suñer, 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.]
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
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(5.) Chapter V governs the registration of (11.) Section 113 governs the
(6.) Chapter V-II governs the registration register a deed or when he is in doubt as
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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. land “at the time for application for
registration is filed” (Malabanan v.
Michael died in 2000 and Manuel - as Republic, G.R. No. 180067, June 30,
Michael’s only son and heir -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 however, that the land is “patrimonial”
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).
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Aquino, G.R. No. L-33983, January 27, Manuel has a the burden to overcome
1983). the presumption of State ownership by
“well-nigh incontrovertible” evidence
Manuel may also invoke “vested rights’ (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 as A & D “at the time the application for
period of thirty years for judicial registration is filed” and that he has
confirmation of imperfect title. It must been in “possession and occupation
only be demonstrated that possession thereof” in the manner required by law
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
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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
SUGGESTED ANSWER:
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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
SUGGESTED ANSWER:
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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
immediately cancel the contract? (2%) True. The Civil Code provides that “Any
clause giving one of the parties power to
SUGGESTED ANSWER: choose more arbitrators than the other
is void and of no effect” (Art 2045, NCC).
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
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SUGGESTED ANSWER:
No. XV. Eduardo was granted a loan by
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
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an ordinary check is not legal tender, payment to make said redemption valid
debt is not a valid tender of payment G.R. No. 178242, Jan 20, 2009).
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Moreover, Ferdie’s refusal was justified 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%)
No. XVII. Felipe borrowed $100 from (B). Can Felipe validly refuse to pay
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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).
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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).
benefited at the expense of another. (Art. injured or becomes seriously ill, and he
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created by any word or phrase, either Art 1455 NCC which provides: "When any
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
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."
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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.
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(B) Can Sergio claim that whatever they No. Sergio’s claim has no legal basis.
might have agreed upon cannot be enforced
because any agreement relating to the sale The contract of sale has already been
evidence in writing and they never reduced the ambit of the Statute of Frauds is
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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:
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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
Anselmo refused, insisting that Boboy improvements at that time. Should the
mere lessee. Boboy responded by removing the lessee may remove the
the improvements and leaving the building improvements, even though the
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(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
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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
years, the first installment to be paid at the tantamount to delivery of the possession
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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).What are the creditors’ recourse/s? contract, hence, it is valid even though
Explain. (3%) not in writing.
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Share; Demand during the Existence of (1) Is the payment of interest valid?
Partnership (2012) Explain. (3%)
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(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
Code, which provides that “the creditor
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
them xxx.” Jennifer cannot immediately
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.
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coordinator of the hotel noticed him and prosper. Otherwise, Roberto’s action will
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
Civil Code. Will Roberto’s action prosper?
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
No. Roberto’s action will not prosper.
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)
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(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
while Fortune Tobacco Corporation is an rule the public officer issued was
different brands of cigarettes, among which complainant must still allege and prove
are "Champion," "Hope," and "More" the particular injury or prejudice he has
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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%)
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(B). doctrine of discovered peril (last clear typhoon knocked down the fence of the
chance) (5%) pond and the iguana crawled out of the
gate of Primo’s residence. N, a neighbor
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 Is anyone liable for N’s injuries? Explain.
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)
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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:
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liable under general provision on the court to justify the damages that your client
Civil Code on quasi-delict. claims? (8%)
SUGGESTED ANSWER:
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 driver, without fault on my client’s part.
weeks and requiring physical rehabilitation
for another 3 months. In his complaint for To prove actual damages aside from the
damages, the rider prayed for the award testimony of client, I will present his
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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
concept of “quasi-torts” can be considered as 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
the law. ” Tort “ or ” Quasi-tort” is an (d ) That the person vicariously liable
Anglo American or Common Law has observed all the diligence of a good
encyclopedia).
(e) That the cause of action has
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(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.
(Note: “E. None of the above’” is another (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
(Note: “E. None of the above: is another all his co-debtors, in proportion to the
answer because Felix has no share at debt of each (Art 1217, Civil Code).
all in the net estate) Additionally, D was released only from
his share of P10,000.00 not from the
II. A, B, C and D are the solidary debtors of solidary tie that binds him to A, B and C.
X for P40,000. X released D from the
payment of his share of PI 0,000. When the III. Amador obtained a loan of P300,000
obligation became due and demandable, C from Basilio payable on March25, 2012. As
turned out to be insolvent. security for the payment of his loan,
Amador constituted a mortgage on his
residential house and lot in Basilio's favor.
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Cacho, a good friend of Amador, guaranteed Basilio (the creditor) must first be
and obligated himself to pay Basilio, in case exhausted”)
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)
(Note: “A” is not the correct answer ALTERNATIVE ANSWER:
because it states that “all the assets of
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(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.
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(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.
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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.
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(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.
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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 (2), Civil Code). Tambunting’s claim of
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
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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.
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.
on one’s capacity to act. While Marriage is
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
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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
a) national law of the decedent’s 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 Parañaque in favor of his
while he was in Spain. The attestation Filipino son, Ramgen. Ramon’s other
clause of the said will does not contain children RJ and Ramona, both Turkish
Buko’s 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
clause does not contain BUKO’s signature. 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.
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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
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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
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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.
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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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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
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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 knows of the donee’s
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 has learned the former’s acceptance.
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:
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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.
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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).
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96. It is the omission in the testator’s will of 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 a) Sale of EGM’s car by KRP, EGM’s
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) Sale of EGM’s piece of land by
a) reserva troncal KRP, EGM’s agent, whose
b) preterition authority is not reduced into
c) fideicommissary writing.
d) disposicion captatoria c) Sale of EGM’s car by KRP, a
person stranger to EGM, without
98. Which phrase most accurately EGM’s consent or authority.
completes the statement – If at the time the d) Sale of EGM’s piece of land by
contract of sale is perfected, the thing KRP, a person stranger to EGM,
which is the object of the contract has been without EGM’s consent or authority.
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
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(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. effect of the new debtor’s default upon the
(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
without the latter’s consent. The creditor tainted as in this case with
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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 Rene’s psychological incapacity.
property. (C) She can go abroad and file for
divorce in a country that can grant
(7) X and Y were to marry in 3 months. it.
Meantime, 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
attack. Can Y’s heirs get the property? with a bank in favor of A, B, C, D, and E,
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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.
C, D, and E get A’s share in the money?
(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
(B) Yes, since the donor’s intention 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) No, A’s share 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
to Raffy’s right by reimbursing to 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
Raffy’s right provided they buy him Marianne. Unknown to Marianne, Manuel
out before he registers the sale. had been previously convicted in Palawan
(C) No, they can be subrogated to of theft and served time for it. After
Raffy’s right only with his Marianne learned of his previous
conformity. conviction, she stopped living with him.
Can Marianne seek the annulment of the
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(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 (A) Yes, because while B’s parents
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, because the A and B’s
(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
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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
P50 million plus interest in Solomon’s annulled on ground of the latter’s
favor. To whom will Aragon’s monthly 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? economic regime that will govern X and Y’s
(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.
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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) No, X’s designation of Y is 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
based on Y’s fault. of law. In the latter case, the assigns or the
(D) Yes, since without judicial heirs are not bound by the contracts. This
revocation, X’s designation of Y 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.
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(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 after Fernando’s death, Marina was
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. Fernando’s estate?
(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
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(40) In gratitude, the groom’s parents made (42) Birth determines personality. Death
a donation of a property in writing to the extinguishes it. Under what circumstances
bride’s parents shortly before their may the personality of a deceased person
children’s wedding. The donation was continue to exist?
accepted. What is the nature of the (A) In case of re-appearance of a
donation? missing person presumed dead.
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(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
using the property with X’s consent. In (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 the mother’s discretion.
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 Asiong’s loan without his
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. bank’s consent.
(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.
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(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.
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(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
a year’s continuous stay. Two months after Angeles, USA, using a marriage license
A’s death, B gave birth to a child, claiming issued by the Philippine consul in Los
it is A’s child. Who can assail the legitimacy Angeles, acting as Civil Registrar. X and Y
of the child? did not know that they were first cousins
(A) A’s other heirs apart from B. 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
(C) Any one who is outraged by B’s Y, came to the Philippines and married Z.
claim. Can X be held liable for bigamy?
(D) No one since A died. (A) No since X’s marriage to Y is void
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 (57) Allan bought Billy’s property through
get local permit for a beach wedding. Carlos, an agent empowered with a special
power of attorney (SPA) to sell the same.
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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 only deepen the wife’s anguish.
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
pick up from X’s rice mill on a particular 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
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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,
decedent’s national law. Cicero will cease to be administrator
(C) Philippine law since the decedent of his properties.
died in Manila and he executed his (B) The administration shall be
will according to such law. given by the court having
(D) Philippine law since the jurisdiction over the intestate
decedent’s properties are in the 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 administrator of Ricardo’s estate
execute any document of sale. After 7 years, until judicially relieved.
the heirs of X asked Y to execute a deed of (D) Cicero’s alienations of Ricardo's
absolute sale to formalize the verbal sale to property will be set aside.
their father. Unwilling to do so, X’s heirs
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.
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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
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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
result in the Government’s loss of its 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
ground that he had the right to ML’s P5
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(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, authorizing him to sell X’s
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?
A’s children, get from T’s estate? (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. brother X’s agent and entrusted
(C) D and E will get none because with the title needed to effect the
of the repudiation; "B" and "C" sale.
will get A’s share by right of (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
(A) unless the children’s welfare is 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.
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(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
retain the obligor’s payment or kindness.
performance. (C) Void, since it amounts to wanton
expenditure beyond his means.
(79) The husband assumed sole (D) Reducible to the extent that
administration of the family’s mango the donations impaired the
plantation since his wife worked abroad. support due to himself and his
Subsequently, without his wife’s knowledge, 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
wife’s consent. accept the same. The 5 days lapsed. May
(B) It is void absent an authorization Anne’s obligation be considered
from the court. extinguished?
(C) The transaction is void and can (A) Yes, since Bessy’s refusal of the
neither be ratified by the wife nor manager’s check, which is
authorized by the court. presumed funded, amounts to a
(D) It is considered a continuing satisfaction of the obligation.
offer by the parties, perfected (B) No, since tender of payment
only upon the wife’s acceptance even in cash, if refused, will not
or the court’s authorization. discharge the obligation without
proper consignation in court.
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(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, since a manager’s check is 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 sued Jennifer and Laura, Jennifer’s
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 neighbors’ use of it for 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.
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(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
Y was not the borrower. Is the bank’s action executed their marriage settlements
correct? because this is the starting point of
(A) Yes, since X, the true borrower, their marital relationship.
did not give his consent to Y’s offer (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
X’s obligation to his benefit. 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. her parents’ knowledge and consent, and
(D) Yes, since it was X who has an lived with him. After a year, Josie returned
obligation to the bank. to her parents’ home, complained of the
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?
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(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?
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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. family car. Is the car a conjugal or Karen’s
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? (B) It is Karen’s exclusive property
(A) Conjugal since they earned the since it is in her name.
same while living as husband and (C) It is conjugal property having
wife. been bought during the marriage.
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(D) It is Karen’s exclusive should the lessees sue for damages? (1%)
property since she bought it with (1). A, the owner
her own money.
(2). B, the engineer
(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.
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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?
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share because the finding was not “by or mother alone, even in a public
chance.” 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 be accepted by B’s
accept the donation only during the
father with whom he lives.
lifetime of the donor.
No. 5 None of the above is sufficient to (2). The will is valid and effective
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(C) comodatario;
(C). Involves the payment of interests, if
owing;
(D). all the above;
SUGGESTED ANSWER:
(E). letters a and b
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(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
(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)
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