• FALSE

• Lex rei sitae

CIVIL LAW REVIEW (1st Quiz) 12. There is no exception to the application of article 3 of the civil code.
• FALSE
1. Exceptionally, an administrative regulation may prevail over a statutory enactment if the former • There are exceptions
is more equitable and just than the latter 13. Exceptionally, article 3 of the civil code also applies to ignorance of facts brought about by
• FALSE difficult questions of law.
2. Equity may be invoked in a case involving a moral obligation • FALSE
• FALSE • Not ignorance of facts but ignorance of the law
• Invoke Equity 14. A Bedan lawyer may invoke lack of knowledge to avoid waiver of election between inconsistent
• No cause of action in Moral Obligation remedies to claim damages for a work related injury to a relative.
3. As a matter of equity, an order from the BSP suspending the operations of a bank may be • FALSE
considered force majeure to excuse it from paying stipulated interests • A Bedan knows everything
• TRUE 15. A law amending article 1 of the Family Code to allow same-sex marriage in the Philippines is a
• BSP Circular/Order qualifies as force majeure curative law, which may be given retroactive application
4. A law to take effect immediately upon signing by the president is void • FALSE
• FALSE 16. A penal law shall be given retroactive effect
• No effect but not void • FALSE
• Must be republished to be valid? • General Rule is it is prospective
5. Senate rules on the conduct of public hearing in aid of legislation must be published to be valid 17. Acts committed against mandatory or hortatory laws shall be void
• TRUE • FALSE
6. An ordinance passed by Muntinlupa City must be published in accordance with article 2 of the 18. A provision in a contract of lease of a boarding house allowing extra-judicial ejectment is valid.
civil code • FALSE
• FALSE • Contrary to public order
• Need not be published if …..goverened by LGC (memaid) 19. A provision in a contract of lease in a mall allowing temporary padlocking of a stall is valid.
7. The rules of procedure in the conduct of administrative proceedings against erring employees of • TRUE
PAGCOR, a government corporation, must be published in a newspaper of general circulation. 20. A provision in a modeling contract with FHM requiring the model to return the fee if she
• FALSE becomes pregnant within 3 years from publication is a valid waiver
• Internal in nature • FALSE
8. A law changing the name of Luneta park to Digong park mentioned by the president in his state • It is unreasonable, thus contrary to public policy
of the nation address with full TV and radio coverage is valid because no publication is in fact 21. A repealed law must be revived when the repealing law is subsequently repealed by a 3rd law.
required in this case. • FALSE
• FALSE • There is no inconsistency in the 1st and the 3rd
• All laws must be published 22. International law is always supreme over domestic law
9. A law re-organizing the NTC may be published through official NTC website since it is of • FALSE
particular application to said agency • Domestic over International law, subject to territorial jurisdiction
• FALSE 23. In computing a period, the first day shall be excluded and the last day included except when the
• All laws must be published first or last day falls on a Sunday or a holiday.
10. A law naturalizing Andray Blatche to play for Gilas Pilipinas must be published pursuant to • FALSE
article 2 of the civil code. • Consider only if the last day falls on a Sunday/holiday
• TRUE 24. When a doctrine of SC, is overruled and a different new is adopted, the new doctrine should be
11. Article 16 of the civil code exemplifies the maxim mobilia sequuntur personam applied prospectively unless it is favorable to the accused.
 • TRUE 35. The absolute nullity of the previous marriage in a case pending before the RTC in manila may
25. A common carrier allowing passengers to ride on top of the vehicle as is customary in the place pose a prejudicial question in a bigamy case pending before the same court.
may be exonerated from liability because a person who had every reason and assurance to • FALSE
believe that he was acting under the sanction of the strongest of all civil assurance to believe that • In the present jurisprudence, it is VOID.
he was acting under the sanction of the strongest of all civil assurance to believe that he was • It is not determined by itself, it needs judicial declaration (Art 40)
acting under the sanction of the strongest of all civil forces, the custom of a people, should not be 36. A law student in a sexual relationship with his male professor has cause of action against the
liable. latter for damages.
• FALSE • FALSE. Mutual lust
26. Parties cannot stipulate on what the law is but a court may take judicial notice of a foreign • SC held that if it is more than once, it is consensual otherwise there is deceit
divorce law when the parties so stipulate and none of them will claim otherwise. 37. MERALCO can cut off electricity to a non-paying customer
• TRUE • TRUE
• Court may take judicial notice of divorce law • Quisimbing case – allowed provided the legal procedure is observed
27. One year from feb 1, 2016 shall be January 31 2017 because 2016 is a leap year. 38. The court must protect an igorot entering into a contract with an Ilocano.
• FALSE • FALSE
28. By estoppel a 14 year old alien, who is a minor under his national law, may enter into a valid 39. There is unjust enrichment even if the person receiving the benefit has a legal right thereto
marriage contract in the Phils. • FALSE
• FALSE • Applies only to mistake
• No estoppe in this case 40. There is no unjust enrichment in the absence of causal relation between ones enrichment and the
29. The Phils has a practice of accepting the referral in case of “renvoi” thus applying the foreign others impoverishment
law to the conflicts case before it, provided that the foreign law is not contrary to Phil public • TRUE
policy 41. For art 20 of the civil code to apply, the act must be directed specifically at the person suffering
• FALSE the damage
• Accept the referral and apply PH law • FALSE
30. As a general rule, divorce decrees obtained by foreigners in other countries are recognizable in • With or without intent Art 20 apples
our jurisdiction, but the res judicata effects thereof must still be determined by our courts. 42. For defamatory words to be actionable in court, it is required that they are personal to the party
• TRUE maligned, who is ascertained or at least ascertainable
31. If a third person dealing with an agent is unaware of the limits of the authority conferred by the • TRUE
principal on the agent and the third person has been deceived by the non-disclosure thereof by 43. A statement “the present Justices of the SC are corrupt” is actionable.
the agent, the latter is liable for damages to the principal under the provisions on human • TRUE
relations. 44. When acquittal is based on the finding that the crime did not exist, a civil action based on such
• FALSE ex delicto would be improper.
32. A mortgagee may take steps to recover the mortgaged property to enable it to enforce or protect • TRUE
its foreclosure right thereon 45. Personality is the capacity to act with legal effects
• TRUE • FALSE
33. An educational institution can be held liable for damages for encouraging a student into • Personality is…
believing that he can survive law school 46. The father may inherit from a foetus who dies in the mother’s womb
• FALSE • FALSE
34. A wrongful advertisement in the newspaper stating that the house of Doc. C in Bagong pag-asa
• Art 40 and 41 NCC
Quezon City is located in Forbes Park, Makati, may fall under the protection of art. 26 of the
47. A jurisprudential or stature re-examination of the strictissimi juris rule in Geluz vs CA is in order
NCC
• TRUE
• TRUE
• The Constitution provides that the right of the unborn be recognized
48. Grace Poe is a Filipino Citizen
 • TRUE o Court Action terminates marriage in cases of defective marriages
49. An alien married to a Filipino becomes ipso facto a citizen of the Philippines without need to • Between a man and a woman, who is a man and a woman under the law?
prove anything o Republic vs Cagandahan
• FALSE o The woman has the “ova” and the man has the “spermatozoa”
o Even if you cut of the penis, a man is still a man
• One must prove the qualifications
o Only chance that a correction in the Cert of Live Birth is allowed is if he/she is an
50. The domicile of a conjugal partnership of gains is the place of marriage.
intersex (born with both the ova and the spermatozoa) Right of choice - person after
• FALSE reaching the age of majority
• There is no domicile for conjugal partnership since it has no personality o Typographic errors, need not go to the court. Administrative case only
• Purpose of marriage?
CIVIL LAW REVIEW (2nd Quiz)
o Enter into a conjugal and family life
o Meaning: to create a family
1. Support in arrears cannot be waived because the waiver will be contrary to public policy.
• Why is it considered as an inviolable social institution?
• FALSE. Support in arrears may be waived, future support cannot be waived.
o Family is the foundation of the society
2. A cause of action based on fraud committed by a defendant may not be waived.
o Constitution promotes the creation of family as the basic foundation of the society
• FALSE. Action based on past fraud may be waived, action based on future fraud may not be
o Relationship that involves the society
waived.
o Between man, woman and State. State is always an interested party
3. Without exception, a person criminally liable shall be civilly liable.
• Requisites of a valid marriage:
• FALSE. There are crimes without civil aspects. There is no private complainant or party o Legal capacity of the contracting parties who must be a male and a female, at least
injured. (Ex. Espionage.) 18 years of age and no impediment under 37 and 38
4. A policeman refusing to help a lady carry her luggage is liable for damages. o Consent freely given (no any involuntariness)
• FALSE. Liable only if danger is imminent. That it not the job of the policeman. • How is consent manifested? Verbally? Writing? Sign Language?
5. A school head who whimsically did not allow a student to graduate with honors is liable for o No form prescribed by law
damages. o “PERSONAL DECLARATION that they take each other…”
• TRUE. (decided case) o Any means of manifesting consent
6. A marriage between 2 man in the US is valid in the PH. o Ex. Marriages in articulo mortis
• FALSE. It depends, if both parties are Filipino citizens, not allowed. If both are Americans, • Formal Requisites of Marriage:
then the marriage is valid. o Valid marriage license
• Laws regarding our Public Policy shall be applied to Filipinos ONLY and not to Americans. § Document saying that the parties are capacitated to marry
• Marriage is a special contract of permanent union between a man and a woman entered into § From the place where either of the parties habitually resides
in accordance with law for the establishment of conjugal and family life. It is an inviolable § Suppose you got the license from Tagaytay, effect on the marriage
social institution whose nature, consequences and incidents are governed by law and not license? NONE, Mere irregularity
subject to stipulations except that….. § What are the information necessary to show the capacity of the contracting
• What makes it a special contract? parties? (Art. 11 FC)
o Governed by a specific law which is the Family Code o Parental Consent vs Parental Advise
• Special Contract vs Ordinary Contract Parental Consent Parental Advise
SPECIAL CONTRACT ORDINARY CONTRACT 18-21 y.o. 21-25 y.o.
Between a man and a woman Between parties who does not Failure to obtain or if it is Failure to obtain or if it is
ONLY necessarily need to be a man and a unfavorable, will make the unfavorable, issuance of
woman marriage VIODABLE/ marriage license will be
Law defines terms and conditions Law and Stipulations DEFECTIVE. suspended for 3months.
(XCEPT: property relations but If the civil registrar still issued
still within the limits provided for the license after 10 wks.
by FC) Marriage is still VALID.
• Permanent union meaning? MERE IRREGULARITY
o DEATH terminates marriage in case of valid marriage o Purpose of Publication Requirement?
 § Civil registrar will be informed of any legal impediment
o Publication done for 5days? Affect marriage?
§ NO. Mere Irregularity
o Marriage license was provided without the parties applying for it. Valid?
§ NO. This is a case of lack of license. If they did not apply for a license,
this means that this is a FAKE LICENSE (Civil Registrar of Recto)
7. Exceptionally there could be a valid marriage in the PH between 2 Filipinos 17 years old and
below
• TRUE
8. A marriage by proxy between two Filipinos abroad is valid in the PH if valid in the country of
celebration.
• TRUE. (Art. 26)
• Proxy marriage involves formality, and if it is formality, the law of the country where it is
made/celebrated governs.
• What is a proxy marriage?
o Where one of the contracting parties send another person to represent him
• Do we allow proxy marriages?
o NO, because under our law we require a formal ceremony (personal
declaration)
9. An airplane pilot may solemnize a marriage in articulo mortis with a flight attendant
• FALSE you cannot solemnize you own marriage. The one contemplated in our law is one
celebrated by the solemnizing officer.
• Common law marriage is something contracted
• Witness to the marriage one man and one monkey. Is the marriage valid?
o YES valid, mere irregularity
• Who are authorized to solemnize marriage in the PH? (Article 7)
o An incumbent member of the judiciary within their jurisdiction
• a MTC, CA, CTA, Sandiganbayan
• r Judge Advocate General of the Military of the AFP
• Judge Palamos will solemnize a marriage in Davao, will the marriage
be valid? NO, not within the jurisdiction. Mere Irregularity.
• Navarro vs Domagtoy (Administrative Case)-Obiter Dictum not
binding: when a judge solemnizes a marriage, outside its jurisdiction
it is a mere irregularity.
o A priest rabbi imam or minister of a church of religious sect
• Duly authorized by his church or religious sect
• Registered with the local civil registrar
• It is within the limits provided in the written authority granted him by
his church or religious sect
• One of the parties belong to the solemnizing officers church or
religious sect
• To be registered in a government office
• If you remove one of the conditions? LACK of AUTHORITY
o Ship captain or airplane chief
• Articulo mortis
• Between passengers and crew
• When the ship or airplane is in flight, during stop overs or ports of
call
• Is it required that they be on board/inside the ship or the airplane?
NO.
• What if during stop over they stayed in the hotel? Can the pilot or ship
captain in articulo mortis solemnize the marriage? YES. Policy of the
law is to encourage marriage.
o Military Commander of a unit
• Articulo mortis – at the point of death and not at the danger of dying
to be determined by the solemnizing officer (based on common
human experience)
• Within the zone of military conflict
• Between members of the armed forces and the civilians
• One of the injured soldiers were transported to the hospital, can the
commander solemnize the marriage? IT DEPENDS, only if the person
is in articulo mortis
• Gen Bato Dela Rosa CANNOT solemnize marriage (Police not
military)
o Consul, vice-consul and consul- general
• It is better for us to consider all the conditions as constitutive elements of the authority, so
without one it is not an irregularity, it is lack of authority therefore the marriage is void
without prejudice to the provision of Art. 35 par. 2
• In the case of Navaro vs Dumagtoy: this is only a mere irregularity
• Personally for Atty. Delson, he thinks it is a lack of authority and not a mere irregularity
(pero say both na lang daw)
• Rationale: if you remove one of the elements, may it be considered as a mere irregularity?
NO
10. A marriage solemnized after the expiration of the marriage license is valid because this is a mere
irregularity.
• FALSE. Lack of marriage license
11. H and W got married in 1987. H left the family home 2/14/08 and lived with his paramour B in a
rented condominium.
• FALSE. There is a legal impediment to the marriage. (Art. 34)
• Discussion on the Committee who drafted the FC, that at the time of the celebration of
marriage there must be no legal impediment to the marriage. (meaning that there must be no
impediment at the end of the 5year term)
• Ninal vs Bayadog – there must be exclusivity between the parties and that there must be no
legal impediment during the whole 5 years. However, what was applied in the case was the
old law prior to the Family Code (Art 76 of the Old CC)
• Manzano vs Sanchez – one of the requisites is that there must be no legal impediment at the
time of the celebration of the marriage, regardless of any impediment prior to the
celebration.
• Office of the Court Adminisrator vs Judge Necesario – the judge was sanctioned for
solemnizing the marriage without a license where the parties during the 5yr period of
 cohabitation were minors. The suggestion was that there must be no legal impediment
during the duration of the 5-year cohabitation.
• FINAL NOTE: (Personally) the phrase no legal impediment should qualify the 5-year
period of cohabitation. Otherwise, if that would be applied only on the time of the
celebration of marriage, it would be surplusage because it is given that when you have legal
impediment to marry you should not be allowed to marry not only for purposes of
exempting you to the license. To make sense, it should qualify the 5year period of
cohabitation.
• If confronted with a conflict, state everything
• As discussed it is important ONLY that at the time of the celebration there is no legal
impediment and in Manzano vs Sanchez, however in the case of OCA vs Judge
Necesario...
• What are the exceptions to the requirement of a valid marriage license? (Art. 27-34)
o The parties must live together as H and W within 5 years prior to the
marriage without any legal impediment to the marriage
o In case of articulo mortis –military
o In case of those living in remote places with no means of transportation to
obtain license from the local civil registrar
o Marriage among Muslims or members of ethnic cultural communities
provided in accord with their customs, rites and practices
12. A Mangyan and an Igorot who are now temporarily living in Manila because of their studies may
marry without a license if their respective residence are so located that there is no means of
transportation.
• FALSE
13. A common law marriage between foreigners contracted in State C where only common law
marriage is allowed, is valid in the PH
• TRUE (Status is governed the national law)
14. A common law marriage between Filipino in State C shall be valid because this is included in the
exceptions in Art 26 of the FC.
• FALSE. Marriage must be celebrated (Art 26 par. 1 applies only to marriages that are
celebrated, not involve common law relations)
15. The civil registrar has no option but to issue the license even if there is a serious objection but
must note down the particulars if the objections in the application for the marriage license.
• FALSE. The civil registrar has the option of going to Judge Palamos
16. Judge Palamos, Justice Tang, Justice Bello may solemnize a marriage anywhere in the PH
• FALSE
17. A justice of the CTA and the Vice Mayor may solemnize a marriage
• TRUE
18. Psychological incapacity of Mr. X declared in the decision of nullity of his previous marriage is
an impediment to another marriage
• FALSE Case to case basis. (Art 5) Impediments include those stated in Art. 37 and 38, it
does not include 36. Psychological incapacity is relative, just like impotency.
• In the case of Psychological incapacity, the personality disorder is not the only factor that
would result to the nullity of marriage. So even if the person has the personality disorder
which was made manifest because of his failure to fulfill his obligation arising from the
marriage in so far as one spouse is concerned. It may happen that in the subsequent marriage
while he has the same personality disorder, he might be able to comply with the obligations
of marriage. He is allowed to marry notwithstanding the fact that he was earlier declared as
psycho incapacity
19. A marriage between scuba divers may be validly solemnized by a priest under the sea.
• TRUE provided that they would request in writing that they would celebrate their marriage
in another place other than those provided by law
20. Marriage between the Filipino citizens in Japan may be solemnized by the Philippine
Ambassador to Japan but the license should be issued by the consular officer.
• FALSE Ambassador has no authority to solemnize marriage
• Can this be covered by par. 2 of Art 35? YES. If the parties believe that the Ambassador is
authorized to solemnize marriage.
• However, in that case, it would be a case of a mistake of law will that not fall under Article 3
of the NCC “Ignorance of the law excuses no one from compliance therewith”?
• If the parties believe that the Ambassador is a consular officer, in that case it is a mistake of
fact, what will be the effect?
• GOOD FAITH in Art 35 par 2 may include circumstances where there is both mistake of
law and mistake of fact (Justice Vitug: depends on the person invoking Good faith)
21. The failure of the contracting parties to indicate their present residence and citizenship in their
application for marriage licenses makes the marriage defective
• FALSE. Mere irregularity
• A Japanese would lie to marry in the PH, what would you require the Japanese to submit?
o Certificate of Legal Capacity to Contract marriage from the consular office
of the Japanese national
• He pulls out a 10,000 yen and gave it to you (civil registrar) which you accepted. Will that
affect the validity of the marriage?
o NO. Mere irregularity
• FAKE LICENSE is equivalent to no license at all
22. Marriages without parental consent, parental advice or marriage counseling is defective.
• FALSE
23. The marriage of a man with a very small penis is void.
• FALSE Case of Chi Ming Tsoi problem is psychological
24. There could be an instance where the property relation in a void marriage are governed by the
regime of absolute community.
• TRUE
• As a general rule, the property regime of void marriage is governed by Art. 147 and 148.
• Exception: Valdez vs RTC; Art 40. If there is a void marriage, then a party to a void
marriage will marry again without the judicial declaration of nullity of the previous
marriage. Accdg to art. 50 the subsequent marriage is void. Pursuant to Art. 50, we apply
Art. 43(2) which refers to the liquidation to the conjugal partnership or absolute community
of property. Valdez Case: a void marriage under Art 40 is exceptional, not governed by Art
147 and 147. It is governed by absolute community or conjugal partnership
25. Abandonment of the wife is not conclusive proof of psychological incapacity
• TRUE
26. Mixed personality disorder from self-defeating personality disorder…
• TRUE
27. A dependent personality disorder of a respondent determined by an expert who did not • If it becomes manifest thereafter……(Case of Molina enumerated the guidelines) The root
personally examine the former cannot be admitted as sufficient proof of psychological incapacity cause must be clinically or medically identified, alleged in the complaint and proven by the
• FALSE, no need to personally examine the respondent. He can based it on other evidence prosecution, and explained in the decision)
28. A petitioner may use his own psychological incapacity as a ground for an action under Art 36. • Elements of Psychological incapacity:
• TRUE o Juridical antecedence
• Principle/Doctrine of Clean hands dos not apply in the case at bar because psychological o Incurable
incapacity is inconsistent with bad faith o
29. The military pilot of a C-140 PH air force plane carrying typhoon victims is authorize to o Participation of the OSG
solemnize marriage in articulo mortis • What was the modification in the case of Molina?
• TRUE o The requirement to refer the matter to the OSG before the decision is
• Is a military pilot excluded from the Art 7 par 3? Will that be limited only to pilots of PAL released. –removed from the elements
or Cebu Pac? NO. o As to the aspect of representation by the OSG of the State, same thing
30. Parental consent is a mandatory requirement for the issuance of a marriage license? (retained)
• FALSE o We consider the decision of the National Matrimonial Tribunal
31. Lack of parental consent does not affect the validity of marriage 41. The non- performance of the marital obligations may support a claim for damages unless the
• FALSE respondent is suffering from psychological incapacity
32. No sum shall be collected in the nature of a fee or tax of any kind for the issuance of a marriage • TRUE
license. 42. A marriage between X and Y is void if X is the son of C who is the brother of Y’s grand uncle
• FALSE • FALSE fifth degree
33. A license issued by the civil registrar in violation of an injunctive writ issued by the court is void 43. An adopted child may marry the adopted child of his adopter’s brother
• FALSE • TRUE
34. A marriage solemnized in La Presa between ethnic residents is valid even without a license 44. A step child may marry the sister of her step mother
because this is allowed under RA 6766 creating the CAR • FALSE PH does not allow same sex marriage
• FALSE the act was rejected, it was not ratified 45. A marriage license issued in La Union may be used in Manila
35. A license that was issued on the basis of a falsified affidavit on the basis of the date of birth of • TRUE
the contracting parties is void 46. An alien may be excused from the requirement of a certificate of legal capacity to contract
• FALSE mere irregularity marriage if he has been residing in the PH for at least 3yrs prior to the marriage
36. A petitioner cannot invoke his psychological incapacity, lack of ceremony, lack of a valid • FALSE
marriage license and lack of authority of the solemnizing officer in a single petition for the 47. A justice of the SB in Quezon may solemnize a marriage in articulo mortis in Zamboanga
nullity of marriage. • TRUE
• FALSE must include everything so as to avoid splitting of a cause of action 48. A marriage without license…
37. There is one void marriage that can be ratified • TRUE/FALSE
• FALSE 49. A marriage witnesses only by the groom’s mother and her pet monkey is valid
38. Only a spouse may file a declaration of a void marriage because a void marriage cannot be • TRUE
collaterally attacked 50. A 90-yr old man may validly marry his 95-yr old girlfriend suffering from alzheimer’s disease
• TRUE • TRUE provided that the consent is voluntarily and freely given
• Circular of the SC limits the filing to the spouses, heirs may collaterally raise it in an action
for the settlement of the estate of the deceased
39. Linda who married Juan may file an action for nullity of marriage upon discovery that Juan is the
father of Pedro her text mate with whom she fell inlove and agreed to get married the moment
they meet
• FALSE
40. In all cases the psychological incapacity must shown to be existing at the time of the celebration
of marriage
• TRUE (juridical antecedence is a requirement)
 CIVIL LAW REVIEW ’16 (3rd Quiz) 7. Pregnancy of the wife before the marriage by one other than the husband is a valid ground for
annulment.
1. M (sorry mahina record) • FALSE it is the concealment that is the ground for annulment
• There is psychological incapacity in case of a woman who lives a lie at the start of the 8. Fraudulent misrepresentation of the one regarding the salary of one is a valid ground for
marriage annulment of marriage.
• She had to write letter to herself, she had to invent personal circumstances and it • FALSE
affected the performance of her marital obligations. • Instances of fraud is limited to the ones indicated in Art. 46
• SC said, she is psycho incapacitated 9. The grounds for annulment of marriage is exclusive to those specified by law.
2. A marriage between first cousins is void for being contrary to public policy. • TRUE
• FALSE 10. A woman abandoned by the husband since 1995 may marry without the judicial declaration of
3. The marriage of the Filipina and an American in the PH facilitated by a mail order bride presumptive death.
operation is not valid? • FALSE
• FALSE it is valid • GEN. under the NCC, the 7 year absence for all intents and purposes will …to the
• The operation of a business like this is prohibited by law, it will not affect the validity presumption that the missing spouse is dead BUT since the FC is a special law, the
of the marriage as long as you have all the elements of a valid marriage. requirement for judicial declaration of presumptive death will have to be applied
4. A policeman who killed X, a drug pusher, ….can validly marry the widow of X. regardless of the number of years even if it is 10 or 20yrs. You still have to comply with
• TRUE it is not covered by Art. 38 (9). the FC
• The killing was not for the purpose of marrying the widow of X 11. The nullity of the sub marriage because of psycho incapacity is prejudicial question in a bigamy
5. The accused in the ……nullity of his previous marriage… case
• FALSE • FALSE
• While jurisprudence states that the nullity of a previous marriage will not allow a party 12. The rules of triennial cohabitation is absolute
thereto to contract another subsequent marriage without a judicial declaration of nullity • FALSE it is merely a presumption
of the previous one 13. Impotency may be relative
• SC said if he/ she gets married again, he/ she is risking a prosecution for bigamy. • TRUE
• BUT, EXCEPTIONALLY in the case of People vs Morigo, where the marriage was 14. A man who can only have an erection by drinking “makahiya” is impotent
annulled or declared void from the beginning. The SC acquitted the accused BUT the • FALSE
acquittal was not really based on the fact that there is a previous declaration of nullity 15. In a marriage that is voidable for lack of parental consent, the mother of the 23-year old husband
but on the nature of the …. may seek the annulment of the marriage
• The SC in Morigo distinguished that case from Sarciano? vs Tan in the sense that n • FALSE
Morigo: there is no ceremony and that there is no marriage to begin with although the • If more than 21 years old, it the party himself who should file for annulment of marriage
SC said you cannot determine for yourself the nullity of the marriage (not matter WON 16. The insane spouse may seek the annulment of his marriage to another insane person
void or voidable) • TRUE
6. A valid bigamous marriage shall be auto terminated upon the reappearance of the spouse. • May, during a lucid interval
• FALSE 17. One single slap to the face can be a ground for legal separation
• An exception to Art. 35 (4) is Art. 41 where the spouse is missing he/she will be • TRUE
declared presumptively dead by summary judicial action and therefore the subsequent • Repeated violence BUT if the husband is 6ft tall and he wife is 4’11, one slap in the
marriage will not be considered as bigamous because of the presumptive death of the face could be fatal
other one, the absent spouse. 18. The insistence of the husband to have dog-style sex every other day can be a ground for legal
• But if the absent spouse turned out to be alive, then the 1st marriage was not dissolve by separation
the death of the spouse so you will have 2 marriages • TRUE
• While the subsequent marriage is bigamous, it is EXEMPTED from Art. 35(4) 19. Continued support given by the aggrieved husband to the adulterous wife is considered as
• This is case of a valid, although bigamous marriage condonation.
• But you can’t have the best of both worlds, accdng to the law, so the 2nd marriage will • TRUE
be terminated even if it is valid. It will be terminated NOT upon the reappearance of the 20. Recrimination must refer to a common ground for legal separation
absent spouse BUT upon the filing of the affidavit of reappearance. • FALSE
 • Different grounds
21. A legal separation decree does not become final
• FALSE
• Procedurally it does become final
22. The wife may revert to her maiden name after the decree of legal separation
• FASLE
• Because the marriage was not severed
23. The reconciling spouses may adopt a property regime different from what they had prior to the
legal separation
• BONUS
• The FC refers to the revival of the previous property regime meaning they have to go
back to what they had prior to the legal separation
• BUT the SC in its CIRCULAR, provides that the spouses may revert back OR they can
adopt a new or diff prop regime BUT it is still in the FC that if the spouses will agree on
the prop regime it must begin at the precise moment of marriage
• An agreement of a property regime to begin in the future is VOID
• On the basis of SUBSTANTIVE LAW, it is NOT possible
• But if considering the SC circular, it may happen
• Atty. Delson (personally, I would prefer substantive law)
24. Drug addiction or habitual alcoholism of the petitioner is a valid ground for legal separation
• FALSE
• It is the respondent
25. A lesbian may not petition for legal separation against her gay husband whom she caught having
sex with their driver.
• FALSE
• Does it mean that if the spouses are homosexual, they can no longer fila an action from
legal separation? NO
• Even if the man is homosexual but after finding true love he forgot about his
homosexual ways it would be unfair.
26. After legal separation the custody of the 6 years old child shall be awarded to the innocent
husband
• FALSE
• EXCEPTIONALLY for a child below 7, the law states that the child must be in the
custody of the mother UNLESS it can be shown that the mother is unfit
27. The offended spouse in an action for annulment shall be disqualify in inheriting from the
innocent spouse by intestate or testate succession.
• TRUE
• In the case of legal separation, the provision which provides that the will shall be
revoked by operation of law does not foreclose the possibility of
28. The … of the marriage under Art. 40 of the FC shall be governed by the regime of absolute
community of property…
• TRUE
29. A void marriage under Art. 36 of the FC shall be governed by Art 148 of the same code.
• FALSE
• Governed by Art. 147
• Art. 36 Psycho incapacity is not a legal impediment to a marriage
30. In the event of adverse judgement in a petition for legal separation, the wife may appeal or file an
MR
• FALSE
• MR first before one can file for appeal. Cannot appeal without filing a MR
31. Upon the declaration of nullity of subsequent marriage, Art. 40 of the FC, a donation propter
nuptias in favor of a party in bad faith may be revoked by court action.
• TRUE
• There is an apparent inconsistency between Art 43 and Art 86 because in Art 86 it made
donation propter nuptias revocable by court action. In Art. 43, it is supposed to be
revoked by operation of law.
32. The petition for legal separation may be filed in the family courts in the province or city where
the marriage was celebrated.
• FALSE
• It must be in the where either party resides (determinant of the venue of the action –
Rules of Court)
33. The respondent in a legal separation case may … verbally abused
• TRUE
• It is part of the pretrial ……
34. In all cases, sexual intercourse is an implied condonation in a case for legal separation
• FALSE
• Not in all cases, because sexual intercourse can be forced
• If it is forced upon the woman, that is not condonation.
• There is a diff bet sexual intercourse and F*CK
• F*CK (“for unlawful carnal knowledge”) refers to adulterous sexual relations, if with
the wife, it is not f*cking but love/romance
35. The decree of legal separation must be published once in a newspaper of general circulation if
the whereabouts of the respondents are unknown
• FALSE
• Why service of summons may, if the party or the respondents is not in the place of is
last residence, he cannot be located or if his whereabouts are unknown, the publication
or the requirement of publication of the decree will apply only when service of
summons was done by publication
• If at the start of the proceedings, you know where the respondent is but thereafter he
went missing is there a need for you to publish the decree of legal separation? NO, if
you have acquired the jurisdiction over the person by means of service of summons,
then there is no need to publish the decree
• It is only in the case where the summons is served thru publication that the decree of
legal separation must also be published
36. X purchased the very old Spanish house he was renting from a friend with the intention of
demolishing it once he receives his retirement pay or 2 years from the sale and construct his
dream house thereon. The building is personal property.
• FALSE
• Intent will not determine the classification of the real property by incorporation
• The building here is not personal property it is real property
 • Remember the classification of real property under Art. 415 • Par 5 of Art 415 does not expressly require that the one who placed the machinery must
i. By nature – those which cannot be moved from place to place (ex. Land while own the same
it is forming part of the earth; land on a dump truck cases to be land which is • What is important in par 5 is that the one who placed the machinery is the owner of the
immovable by nature and becomes a personal property but if you put it back to land
form part of the greater mass of the earth it reverts back to an immovable by • But for the owner to intend the machinery to be part of the real property it presupposes
nature) that he is the owner thereof
ii. By designation – • So if he rented the machinery or if her borrowed the machinery for the use of his
iii. By incorporation – things which can be moved from place to place but they industry it cannot be considered as immobilized under Art 415 (5)
are immobilized by incorporation; so it is the attachment to the ground/ 44. A statute may be immobilized.
immovable that determines the classification of the property (permanent or • FALSE
superficial) if permanent, it becomes real property without any other • A statute is a law may not be immobilized
consideration even if it does not form part of the land/even if it is a nuisance • Statute vs statue
YES PROVIDED it is incorporated or attached to the land permanently. (if it is 45. A machinery placed by the lessor on rented property for an industry operated by the lessee is real
made up of strong materials – permanent; as opposed to those made up of light property
materials - temporary)
• TRUE
iv. By purpose or by destination – intent of the owner is material and not the
46. A portable liquid container may be classified as real property under Article 415
manner of attachment
• TRUE
37. A concrete house on rented lot is personal property
47. A St. Peter’s fish in a fishpond may be donated orally
• FALSE
• TRUE
38. A concrete house on rented land may be the object of a chattel mortgage
• The inclusion of the animal in Art 415 (6) as real prop will arise if the animal is
• TRUE
considered as an integral part of the animal house
• While it is a real property, SC said that the parties may agree to classify it as personal
• If the animal is treated separately with the animal house, it is not classified as real
property for purposes of contract - chattel mortgage
property
• The obligations arising from the contract shall be the law between the contracting
• So the taking of a fish from the fish pond is not considered as usurpation of the real
parties
property, it is qualified theft.
39. The house mentioned above may be auctioned as chattel mortgage
• So if you donate the animal not including the animal house, it is considered as a
• FALSE
personal property. Thus, you can donate it orally.
• The SC said however that the classification of the parties of a house as a personalty will
48. A vintage care placed by Mr. X in his living room as a permanent ornamentation may be
only be valid between them, if it will affect third parties, it is still real property. So the
subjected to a writ of replevin in favor of Y, the true owner
procedure governing the foreclosure, auction or sale of the property shall be that of a
• TRUE
real property.
• The car was not immobilized by destination because the owner of the tenement is not
40. A house built in the middle of the street is not a real property
the owner of the car
• FALSE
49. Without exception, the strip of land between the high and low water marks of the sea cannot be
41. A cash register of a restaurant is a real property
registered under the Torrens system
• FALSE
• TRUE public dominion
• Remember the elements for a machinery to be immobilized under par 5 of Art 415
50. The Roppongi lot in Japan, when no longer intended for public service shall form part of the
• One requirement is that the machinery should cater directly to the needs of the industry patrimonial property of the PHL
or business, meaning that it must be essential to the operations of the industry and not
• TRUE
merely an accessory
• In the case of Laurel vs Garcia, the SC said that Art. 422 does not automatically apply.
• Essential meaning, that the work or industry cannot be operated without such machinery
The suggestion is that there must be an affirmative act from the State as in the form of a
• If the industry can be operated even without the machinery then it is not essential law by the legislative branch that would reclassify the property from pubic dominion
42. The beds of the hospital is personal property particularly by withdrawing it from public service or public use and classifying it as
• FALSE patrimonial but substantially Art 422 provides that if the property is no longer for public
43. The machinery to be immobilized by destination may be owned by the owner of the tenement use, it shall form part of the patrimonial property
• TRUE
51. A health facility acquired and operated by the City of Manila using funds donated by …. Is 63. There can be co-ownership between X and Y over two eggs of the same size
patrimonial property • TRUE
• FALSE 64. An agreement to subdivide the property terminates co-ownership
• The only patrimonial property of the State is the property that is acquired using its • FALSE
patrimonial funds • It is the actual partition that terminates the co-ownership
• The provisions of the city code states that ?? properties for public service owned by the 65. A co-owner becomes the owner of a parcel of land 40 years after he cause the cancelation of the
province are patrimonial will not govern because we have a different classification in old title in the names of the co-owners and the issuance of a new one in his name even if he did
the LGC not tell his co-owners about the cancellation
• We look at the purpose, if it intended for govtal purposes if it has the characteristics of • TRUE
properties for public use/service.. • For a co-owner to acquire a property by acquisitive prescription, one of the requisite is
• The second characteristic of property for public dominion.. that there must be a renunciation? of the co-ownerhsip which must be known to the
52. The aircon unit of Jollibee Baguio is real property other co-owners
• FALSE • Knowledge of the co-owners can be by actual information of by constructive notice
• Not essential to the business • SC said that the issuance of a title to one co-owner can be considered as constructive
53. The printing machine of a newspaper company installed inside its building is a real property notice to the whole world that there is liquidation? of co-ownership
• TRUE 66. X and Y caught a monkey-eating eagle in the forest. A and Y own the bird in equal shares.
54. A machinery bolted on a platform at the backyard (residential lot) of Mr. X is personal property • FALSE
• TRUE • They cannot own the bird
55. Exceptionally, a municipality may lease a portion of the town plaza to raise money for charity 67. A government recognition issued to a school operated by a stock corporation is property
• TRUE • TRUE/FALSE
• Under the LGC a municipality can close down roads and lease it to individuals • The recognition is supposed to be a privilege granted by the State, strictly Sir would not
56. Ownership is elastic consider it as property
• TRUE • HOWEVER, there is an issuance from the CHED saying that if another party will
• It is one of the characteristic of ownership acquire the school, the recognition given by the State to the school shall be included
57. Ownership may be limited by the nature of the property owned • Before, government recognition cannot be transferred, not it can be transferred on the
• TRUE condition that the new owner will acquire the school with the facilities, etc. (should be
58. The doctrine of self-help may apply to an immovable property the recognition plus the entire school including its operations; cannot sell separately he
• TRUE recognition and the school)
59. The doctrine of state of necessity cannot be invoked if all the elements for the application of self- • Property in a limited extent as long as it is acquired together with the school. But the
help are attendant fact that it can be acquired by another, makes it a property.
• TRUE 68. Properties of a municipality for public use are under the control of Congress
60. Without exception, Article 448 will apply only if both parties acted in good faith • TRUE
• FALSE • Not patrimonial of the municipality
• It will apply also if the parties are both in bad faith • The municipality or the province is holding such property as administrator for the public
61. An owner who does not know the exact metes and bounds of his land cannot be a builder in good or for the State.
faith • The control over the property for public use is with the National Congress.
• FALSE • That is the reason why in Zamboanga, the RA of Congress transfers the properties of
• Negligence does not equate to bad faith the province to the municipalities except hose which are patrimonial because they
• If you do not know the exact boundary of your property and you constructed on the cannot do that without the payment of compensation
portion of the property of your neighbor, SC says you can still invoke GF • But for properties that are for public use control is lodged with the Congress so if they
62. An accretion automatically belongs to the owner of the land adjoining the banks of the river will transfer it to the city then the province cannot do anything about that
• TRUE 69. A lot donated by a private corporation to the city of Manila for the opening a street is patrimonial
• But it does not automatically include in the title to the property, you still have to register under the street is actually constructed
your ownership • FALSE
• The law says without condition, if you are the riparian owner you own the accretion
 • The purpose is not the actual use, so if it is intended for public use it is or public is even building belongs to a third party. The purpose of the rules on accretion is to avoid a case
if the mean time it is not used as such of forced co-ownership where the accessory is owned by one and the principal is owned
70. A possessor of a parcel of land may file an action for forcible entry or unlawful detainer against a by another.
party claiming to be the owner of the same • Both the principal and the accessory should be owned by only one person, so in that
• FALSE case you can still apply Art. 448
• The tenant can deprive the possession of the property even against the lessor 78. Article 448 cannot apply where a co-owner builds on a land owned in common
• So if the lessor, by FISTS, will dispossess the tenant. The tenant can file an action for • FALSE
forcible entry. • SC said that we can apply Art. 448 when a co-owner constructed a land owned in
• For unlawful detainer, it is different, the possessor has the rightful possession but after it common but after partition of the co-ownership, the building encroached upon the share
is terminated and he retains possession, it cannot happen. that was given to the other co-owner so that is an instance where the principal is owned
71. An artificial lake constructed in the property of Mr. X was destroyed by a magnitude 7 by one and the accessory by another. SC said, apply Art. 448
earthquake inundating the land and damaging the plants of his neighbor. Mr. X is liable for 79. To avoid unjust enrichment, the builder in Article 448 must pay rent during the period of
damages because the owner of a property cannot make use thereof to injure the rights of a third retention
person • FALSE
• FALSE • The builder in GF cannot be forced to pay rent during the period of retention
• In the case decided by the SC, there was liability except that here there is a magnitude 7 80. In industrial accession, a landowner in bad faith may not only lose his property but could even be
earthquake, so apply the rule that in case of fortuitous event, there is no liability held liable for damages
72. The sperm of Pedro, a bulldog, extracted through manual inducement is a natural fruit • FALSE
• TRUE • In industrial accession, the land owner cannot lose his property/land, the worst case
• Natural fruit is the spontaneous products of the soil and the young or OTHER scenario is for the land owner to pay damages on top of the removal of the
PRODUCTS OF THE ANIMAL even if by manual intervention improvements even if there is destruction
• Industrial fruits are limited only to the products of the LAND thru cultivation • The land cannot be owned by the builder or the one who introduce the improvements
73. Canned sardines from a cannery are fruits • ……….
• FALSE 81. If the landowner elects to sell the land to the builder, the price must be fixed at the market value
• Products of manual labor? at the time of taking or introduction of the improvement of the land
74. The compensation paid to X who executed a mortgage over his land to secure the loan of another • FALSE
person is a civil fruit • Art. 448 is NOT similar to expropriation
• FALSE • In expropriation, the value considered is the value at the time of the taking
• It is a COMPENSATION for the RISK undertaken by the owner of the land to secure • In Art 448, the value considered is the value at the time of the sale or the payment
the loan of the other party. 82. The buyer who builds on a land after an action for annulment of the sale is a buyer in bad faith
75. Article 448 may apply to an improvement introduced by a usufructuary on a parcel of land regardless of the result of the litigation
• FALSE • FALSE
• We do not apply Art. 448 when there is a contractual relation between the parties • If there is no knowledge there is no bad faith
76. The landowner may avail of demolition as a first option under Article 448 • However, if the seller sells the property knowing that there is a pending litigation or a
• TRUE case on the said property then there is bad faith
• It is the last option 83. A planter in bad faith may demand reimbursement for irrigation expenses
77. Without exception, Article 448 applies only when a person builds, plants or sows on the land of • FALSE
another • Not necessary expense
• FALSE 84. A builder in bad faith may demand reimbursement for real property taxes on the land
• There is an exception, even if the land and the building used to be owned by only one • TRUE
person 85. A planter in bad faith may claim reimbursement for litigation expenses against the landowner
• If by contractual or by lawful processes, the ownership of the land has been separated • FALSE
from the ownership of the building you can still apply by ANALOGY Art 448 86. The in pari delicto rule applies to industrial accession
• In the case where the building is used as a collateral and the building was acquired by a • FALSE
third party in a public auction, as a result the land belongs to the original owner and the • If they are both in bad faith then they are considered that they both acted in good faith
87. The rule on accretion applies to lakes, non-navigable rivers and shores • The sentimental value in Art 475 will only apply to personal property and not to land
• FALSE • In determining moral damages, you can also include sentimental value of the real
88. In no instance will the rule of accretion apply if sedimentary deposits are accumulated because of property but not for the purpose of determining or applying the rules on accession
artificial works 98. A fictitious contract of sale, sale by an agent without authority, and a voidable contract of sale
• FALSE are examples of cloud over title to property
• If the construction were not intended to accumulate deposits but to preserve the • TRUE
property, then the accretion is only incidental, thus it is covered by the rules and the 99. All co-owners must agree to bring an action for ejectment
riparian owner can become the owner of the accumulated deposit • FALSE
• But if the construction/artificial works was intended to accumulate deposits, then the • Any one of them can do so
rule will not apply. 100. A co-owner may demand at any time the partition of the property owned in common
• But when the dike as constructed not for the purpose of accumulating and the • TRUE
accumulation was only incidental to the construction of the dike, we apply the rule on
accretion
89. Uprooted trees on segregated land should be claimed within six months
• FALSE
• Must be 2 years because they are still lying on segregated land BUT if the uprooted
trees were washed upon the land of another, you apply the 6 month claim
90. The rule on natural change in the course of a river does not apply to navigable rivers
• FALSE
• Applies to navigable and non-navigable rivers
91. Islands formed through alluvion on rivers and lakes belong to the state
• FALSE
• Rivers, distinguish between navigable and non-navigable rivers
• If the statement is a general one, it is FALSE
92. Plumbatura is the adjunction of the same metals
• FALSE
• It is the adjunction of different metals
93. Gold, united by soldering to platinum, is the principal
• FALSE
• Platinum is more valuable/expensive
94. Tejido shall be governed by the rules on co-ownership
• FALSE
• In weaving we do not apply the rules on mixture, we apply the rules on adjunction
95. In adjunction involving three or more things belonging to different owners, there could be two
principal things
• FALSE
• There is only one principal, all the others are accessories
96. The owner of a diamond set on a ring may remove the same even if the ring may suffer some
injury
• TRUE
• Even if we presume GF on the part of both parties, if the accessory is more precious
than the principal then it can be removed even if there is injury but not if there is
destruction
97. Sentimental value is not relevant in industrial accession involving inherited land
• FALSE
 CIVIL LAW REVIEW ’16 (4th QUIZ) • FALSE
• Art 41 no applicable
1. A disposition in a will giving a close friend a legacy of an expensive personalty is a patent • Marriage is void under Art 35 (4)
ambiguity. 11. The opposition filed with the HLURB and he City Building Official by a claimant is sufficient to
• TRUE make the builder who still continues the construction, in bad faith.
• Two kinds of ambiguity • TRUE
o Patent – Those which are apparent on the face of the will. 12. If X enters into a contract of lease with Y over a property without any objection from Z, the
o Latent - Ambiguities which are not apparent on the face of a will but to latter, who claims open and continuous possession of the land, may still file a petition for
circumstances outside the will at the time the will was made. quieting of title against X.
2. In all cases, pleading a foreign law without proving the same will bar its application in the PH. • FALSE
• FALSE 13. Under the rule of equity, quieting of title can be allowed even if the plaintiff fails to allege legal
3. A cause of action for damages based on acts contrary to morals may arise if a manufacturer or equitable interest in the real property.
employs the illegally dismissed employee of another manufacturer, copies the latter’s products • FALSE
and sold these to the latter’s customers. 14. A Transfer Certificate of Title found to overlap another TCT registered in the name of another
• TRUE person may be the subject of an action for quieting of title
4. A divorce obtained abroad by an alien may be recognized in our jurisdiction through a petition • FALSE
for the recognition of the divorcee’s subsequent marriage 15. A co-owner may rightfully dispose of a particular portion of a co-owned property prior to
• FALSE partition among all the co-owners.
• What is the proper action for the recognition of divorce decree? • TRUE
o Special proceeding 16. A co-owner may sell his interest in a co-ownership but the sale of a concrete or definite portion
o Action for cancellation or correction of the entry (Rule 103) of the co-owned property is void without unanimous consent because this is not a mere act of
5. Narcissistic Personality Disorder with Anti-Social Disorder may constitute psychological administration
incapacity under Art 46 of the FC • FALSE
• TRUE 17. A machinery that was immobilized under paragraph 5 of Article 415 cannot be the object of a
6. Under the Totality of Evidence Rule, the admission of the petitioner together with her demeanor writ of replevin in connection with mortgage thereon.
in court evidently manifesting a disordered behavior may be considered as proof of • FALSE
psychological incapacity san expert opinion. • Art 415
• TRUE • Objects immobilized if disposed of or encumbered, in that case, apply rules on personal
• Totality of Evidence Rule - property
7. In observance of the synodal cadence towards the same goal of protecting and cherishing 18. Power barges are immovable property by destination subject to real property taxes.
marriage and the family as the inviolable base of the nation, what is decreed as canonically • TRUE
invalid must also be decreed civilly void on the basis of the former’s merit. 19. Property comprehends every species of title, inchoate or complete, legal or equitable.
• TRUE • TRUE
8. Irreconcilable differences, sexual infidelity, emotional immaturity an irresponsibility traced by 20. When the tides of the sea invade the estate in a storm surge, the invaded property becomes
the totality of evidence to an unwillingness to assume the essential obligations of marriage is foreshore land and passes to the realm of the public domain.
psychological incapacity • FALSE
• FALSE, it is not unwillingness or refusal that constitute Psycho incapacity. It is the 21. An heir cannot acquire the interest of a co-heir by prescription.
failure to appreciate an obligation that will constitute a ground • TRUE
9. The failure to assume the duties of a wife and mother, as well as emotional immaturity, 22. The owner of a piggery is liable to the owner of lower estate flooded with polluted water and pig
irresponsibility and infidelity, declared by the NAMT (Matrimonial Tribunal) as grave lack of manure
discretion of judgment in matrimonial obligations under paragraph 2 of Canon 1095, is • TRUE
psychological incapacity under Art 36 of the FC 23. For an unborn child, succession is the original mode of acquiring ownership
• FALSE • FALSE
• Those covered by Canon 2 does not constitute incapacity under Art 36, only Canon 3. • Succession is not the original
10. If the wife declared presumptively dead has never been absent, the subsequent marriage of the
husband will be terminated by the filing of an affidavit of reappearance.
 • What are the original modes of acquiring ownership? (Original - do not arise or depend 34. A will of only one page does not need the testator’s marginal signature
upon any pre-existing right or title of another person) • TRUE
o Occupation 35. A will is void if the witness signed before the testator subscribed his will
o Intellectual Creation • FALSE
o Acquisitive Prescription, etc • Requirement is that they sign in the presence of each other
24. Rent accruing after the opening of succession is governed by accession in favor of the individual 36. The last page containing the attestation clause only need not be numbered
heirs as co-owners even prior to the settlement of estate and partition • TRUE
• FALSE • What is an attestation clause?
• Rights is inchoate until there is paritition o Memorandum in writing…
25. A document denominated as a will is valid even if it does not contain any specific disposition of 37. The attestation clause need not be signed by the testator
property in favor of another. • TRUE
• TRUE 38. The attestation clause may be in a language not known to the testator and the witnesses
• What is a will? • TRUE
o Art 783 39. The statement of the place of execution of a will need not be indicated
• Can there be a will without disposition of property? • TRUE
• Suppose it contains disinheritance, is it a valid will? YES, it is a disposition of more 40. The attestation clause need not be placed at the bottom of the will.
heirs in favor of the other heirs • TRUE
26. The disposition of a particular property in favor of any person, institution or establishment to be 41. The witnesses may sign at the margin of the page containing the attestation clause
designated by a third party is valid. • FALSE
• FALSE 42. An unintentional incorrect date does not invalidate a holographic will
27. A reciprocal will is void if it contains a disposicion captatoria • TRUE
• TRUE 43. An interpolation in a holographic will that is not authenticated by the testator’s full signature will
• What is disposicion captatoria? invalidate the will.
o Art 875 • FALSE
• What is the condition? 44. Previous dispositions in a holographic will which were dated but not signed are validated by
o That the heir shall make some provision in his will in favor of the testator or subsequent dated and signed dispositions
any other person • FALSE
• I will give X this house and lot on the condition that he will give me his car. Valid? NO. 45. An attesting witness may use his thumb mark, instead of a signature
28. A will of a Filipino written in Span must comply with the formalities prescribed by Spanish law • TRUE
unless executed inside the consular office of the PH 46. A forced heir may be a witness to the testator’s will
• FALSE • TRUE
29. Errors in a will may be corrected after the testator’s death 47. A revocation of a will base d in a false cause will make the will void
• TRUE • FALSE
30. A will written by a testator after being judicially declared insane is void even if made during a 48. A monetary obligation of the decedent may be inherited by an heir in the sense that whatever
lucid interval payment made from the estate is ultimately a payment by the heirs or distributes since the
• FALSE amount of the paid claim in fact diminishes or reduces the shares that the heirs would have been
31. As a rule the will must be read before the testator and his witnesses sign the same. entitled to receive.
• FALSE • TRUE
32. If the testator delegates the signing of the will to a representative, the latter must sign his own 49. An heir may sell his share in the inheritance after the death of the decedent although the will has
name and the name of the testator not yet been probated.
• FALSE • TRUE
• Only the name of the testator 50. The failure to state the number of pages in the attestation clause of a will can be cured by a
33. The test of available senses provides that the witnesses must sign the will within the range of a statement of the number of pages in a subsequent codicil.
blind testator’s senses • FALSE
• TRUE • It must be published
51. A will was signed in the presence of an instrumental witness even if said witness is in an
adjoining room separated by a glass wall decorated with wall paper all over.
• FALSE
• What is the test of presence?
o Able to see WITHOUT distraction
52. A will is void if it does not state that it is written in a language known to the testator
• FALSE
53. Only natural persons may be decedents in succession
• TRUE
54. An unborn child may be a decedent
• FALSE
55. Ang isang ulyanin ay hindi pwedeng gumawa ng kanyang testament kung hindi niya matandaan
ang pangalan ng kanyang asawa
• FALSE
• What are the test of soundness of mind?
o Art 799
56. Dean Jara can sign his will with a smiley symbol
• FALSE
57. A dried up river bed is property of public dominion.
• TRUE
58. Enumerate 7 characteristics of a will
• What is a personal act?
o The disposition of property is solely dependent upon the testator.
59. Enumerate 5 matters that are covered by the strictly personal act rule in the making of a will
60. Give 4 distinctions between alluvion and avulsion
61. What are the 5 characteristic of ownership
62. Enumerate 5 characteristic of property of public dominion
63. Enumerate 8 Molina guidelines in declaring a marriage void
64. Enumerate 9 void marriages for being contrary to public policy.
 CIVIL LAW REVIEW ’16 (5th QUIZ) • If you are to use the thing, then you cannot return it. You will return its APPRAISED
VALUE of the same kind and quality PLUS SENTIMENTAL VALUE
1. The property regime of naturalized Americans (formerly Filipino) may be liquidated for the 14. Ordinary repairs consist of repair of damages due to normal use, which are not indispensable for
distribution of their properties in the PH even without presenting the divorce decree in preservation.
accordance with the rules on recognition of foreign divorce because the spouses are governed by • FALSE
their national law. • Ordinary repairs – indispensable for preservation; usufrusctuary shoulders
• FALSE • Ordinary vs extraordinary – determine who sill shoulder costs
2. A condominium owner may sell his separate unit to one buyer and his interest in the common • Extraordinary repairs – owner shoulders
areas to another buyer provided that the latter owns another nit n the same condo. 15. The naked owner is obliged to make extraordinary repairs.
• FALSE • FALSE
3. In simple substitutions, the second heir takes the inheritance in default of the first heir by reason • Obligation of the naked owner is to shoulder the expenses but not to necessarily make
of incapacity, predecease, disinheritance and renunciation. the repairs
• FALSE 16. If the usufructuary did not share in the payment of insurance premiums, he is still entitled to the
4. In Reyes vs CA, the probate court was justified in ruling on the intrinsic validity of the will use of the usufruct to avoid unjust enrichment.
because there was preterition • FALSE
• FALSE • If the owner redeems means he did not share in the payment of the premium, he cannot
5. If part of the land of X falls on the lower estate of Y as a result of an erosion cause by an use.
earthquake, X has the right to remove the same within 2 years • But under 607, he will be entitled to receive interest at the legal rate of the value of the
• TRUE lot and materials therein
6. In accession involving personal properties, there is no instance where the principal things can be 17. When the parties share in the payment of insurance premiums on the building, the naked owner
acquired by the owner of the accessory thing. must rebuild.
• FALSE • FALSE
7. If the gold ring is valued at 20,000 while the gem set on it by adjunction is 20,500 the owner of • There is no obligation to redeem
the gem may remove it even if the ring may suffer a scratch.
• He has the option to redeem
• TRUE
• If he redeems, then the usufructuary can continue enjoying the building
8. A deed of exchange of a parcel of land with a kilo of shabu as consideration is void and may
• But if he does not, he must pay interest periodically computed on the insurance
therefore constitute a cloud over the title thereto for purposes of an action to quiet title.
premium
• FALSE
18. The usufructuary may collect from the naked owner reimbursement for pending fruit upon
9. Preservation is a natural but not an essential requisite of usufruct
termination of the usufruct to avoid unjust enrichment.
• TRUE
• TRUE
10. Usufruct may involve real or personal property but an easement could only be over a real
19. A usufruct is terminated upon death of the naked owner.
property.
• FALSE
• TRUE
• Death of the usu terminates it
11. There could be usufruct over money
20. A usufruct over a sack of rice is void if not appraised.
• TRUE
• FALSE
12. The usufructuary may lease the property to a third party but must ask the consent of the naked
21. Upon the termination of the usufruct, the usufructuary has the right of retention for taxes and
owner to the lease contract and the choice of lease
ordinary expenses
• FALSE
• FALSE
• It is the usufructuary that negotiates and who will choose the lessee (right of the
• Taxes and Extraordinary
usufrustuary)
22. A survivorship agreement between joint depositors a bank account must be in the form of a will
13. In quasi usufruct the usufructuary must return the thing itself or pay it current price at the
• FALSE
termination of the usufruct.
• What is a survivorship agreement?
• FALSE
23. A will that was impliedly revoked by a subsequent will shall be revived upon the revocation of
• What is a quasi-usufruct?
the second will
• TRUE
24. Republication by reference may be done through a holographic will o General Rule: NO
• TRUE o Exceptionally: you may impose the condition of non-partition for 20 years,
25. Opposition to the intrinsic validity of a will cannot be entertained during probate other than that no other condition bec it was reserved by law for the
• TRUE compulsory heirs
• General rule, jurisdiction of the probate court is limited to o Deprive the compulsory heirs by Disinheritance
o Extrinsic validity (Formalities) 32. An absolute condition not to marry is void
o Testamentary Capacity • TRUE (general statement)
o Identity of the Will • If it is imposed by the widow or the children it will be valid
o CANNOT determine intrinsic validity • How about a relative condition not to marry?
• Exception: SC held that is the will is void on its face, the probate court can rule on the 33. If the husband abandons the wife without just cause, a third person may be appointed as
intrinsic validity of the will administrator of their property
26. The presentation of a will for probate is mandatory • TRUE
• TRUE 34. There is collusion if the husband will set up his wife to commit an act of adultery to have a
27. A mere picture in the testator’s cellphone of his holographic will may be allowed for probate ground for legal separation
purposes • FALSE
• FALSE • This is a case of connivance
28. A duplicate copy of a notarial will may be accepted during probate 35. In no case may a court compel performance of marital obligations between the spouses because
• TRUE these are personal obligations
• What must be done? • FALSE
o Explain why cannot present the original • Support is an exception can be enforced through court action
29. There is no preterition if the excluded heir, with or without issue, does not survive the testator 36. A husband has an action for damages based on breach of contract against the wife who fails to
• FALSE perform her obligations as a spouse
• Last requisite, must survive the testator, exception if the preterited heir has his own • FALSE
heirs, it will be subject to the right of representation • No breach of action in contract of marriage
• What is preteririton; Elements • Basis of cause of damages is tort (Art 19)
• Omit the wife preterition? NO 37. Without exception, stipulations in the marriage settlements on property relations shall be void if
• Applies to both ascending and descending line subject to the rules provided for by the the marriage does not take place
NCC • TRUE
• If the ascendants are excluded by the descendants no preteririton 38. The 1/5 limitation on donations by reason of marriage will also apply even if the parties executed
• Pretertion of an adopted child? YES, because they are considered legitimate an ordinary donation
o If the adopter omits the adopted, there is preterition. The institution of heirs • FALSE
will be annulled • The 1/5 limitation applies if the donation propter nuptias is made in the marriage
• Will it matter if it was by accident, by mistake or unintentional and the omission is total settlement
and complete? • The reason for limitation is to prevent undue influence
o Art. 854, 855 • If it is an ordinary donation, there is nothing to prevent since it was not made in
o if the omission was not intentional consideration of marriage but out of pure liberality, thus limitation does not apply
• if the omission is intentional, but he does not comply with the conditions of 39. Donations propter nuptias need not comply with the formalities required for the validity of
disinheritance, (governed by 918) ordinary donations
o the institution of heirs will be annulled but only to the extent of their • FALSE
legitime 40. After legal separation, the done may revoke a donation by reason of marriage if the donor is the
30. Substitution of an heir is a conditional institution guilty spouse because no one may be compelled to accept the generosity of another
• TRUE • FALSE
31. Exceptionally, a compulsory heir may be substituted • The donor may revoke the donation if the donee is the guilty spouse
• FALSE 41. The sex-change-operation of the husband is a valid ground for declaration of nullity of the
• Can you impose a condition on legitime? marriage
 • FALSE • FALSE
• Not one of the grounds, grounds must be present at the time of the celebration of the • It is separate property
marriage 49. Interests earned by the bank deposits of H belong to the absolute community even if the capital
42. The expenses of the husband in undergoing the sex change operation are chargeable against the was donated by his grandfather a day before to the conjugal partnership.
absolute community • TRUE
• FALSE 50. Interests on the ante nuptial accounts payable of the husband incurred during his stag party shall
• Not for self-improvement be charged against the conjugal partnership but the principal must be paid out of his exclusive
43. Each spouse must shoulder expenses for preservation of their separate properties funds
• TRUE • FALSE
• Unless of course if it used by the family • Not benefit the family
44. In all instances the spouse shall be governed by the regime of absolute community in the absence 51. The husband alone may be sued for the enforcement of an obligation entered into by the spouses
of a stipulation on property relations • TRUE
• FALSE 52. The conjugal partnership will be liable of the contract was executed by the husband with the wife
• Art. 103, 130 it is complete separation signing as a mere witness
• Spouse dies, no liquidation, surviving remarries • TRUE
o The property regime of the surviving spouse and the new spouse if complete 53. Fines and indemnities imposed upon the husband may be charges against the partnership assets
separation of property even before the liquidation of the partnership
45. A car acquired by H prior to his marriage to W belongs to the conjugal partnership if conjugal • TRUE
funds were used to pay the remaining installment payments secured by a chattel mortgage over 54. The conjugal partnership shall advance payment for liability of a debtor-spouse arising from a
the car executed by H upon delivery of the car criminal offense
• FALSE • FALSE
• Art 118 55. In all cases, the transfer of conjugal partnership property by the administrator spouse without the
• When the ownership was acquired consent of the other spouse us void ab initio
o Vested before the marriage – separate • FALSE
o Vested after the marriage – conjugal • Exception: if there is court approval
• Car was acquired prior. Car is separate, but the husband has to pay the conjugal 56. Judicial separation of property may follow upon the declaration of presumptive death of the wife
partnership that was used to pay the remaining balance who was missing for 3 years after the plane she boarded crashed in the Indian ocean
46. A car purchased during the marriage, 45% of the price of which is paid out of conjugal • FALSE
partnership funds and 55% from the exclusive finds of the wife, belongs to the conjugal • If there is presumptive death, you liquidate the property regime
partnership • Judicial separation of property is a proper remedy ONLY if the marriage has not been
• TRUE dissolved.
• In this event, there will be co-ownership between the spouse and the conjugal 57. Upon court approval of the agreement for voluntary separation of property, its effectivity shall
• What re considered to be separate in CPG retroact to the date of signing of the agreement
o Acquired using the separate funds of one spouse • FALSE
• Partly by Conjugal and Partly by Separate • Effectivity is not the finality of the judgment
o Apply the rule that those acquired during the marriage form part of the CPG 58. After judicial separation of property, the spouses may agree to revive their former property
WITHOUT prejudice to the obligation for reimbursement regime or adopt a new one
47. Damages awarded by a court to H in connection with a contract of carriage he entered into prior • FALSE
to his marriage belong to the conjugal partnership if the judgment became final during the • Not apply the circular that applies to legal separation where the SC said that thye can
marriage revieve or adopt a new one
• FALSE 59. Voluntary dissolution of the absolute community may happen only once
• The contract was entered into using finds of the spouse • TRUE
• Cause of action arose before the marriage 60. Judicial separation under Art 135 of the FC may happen more than once
48. Moral damages awarded in favor of the husband because of physical injuries inflicted by the • TRUE
brother of his wife belong to the conjugal partnership
61. The administration of exclusive property may be transferred by the court to the other spouse who 5. In the establishment of an easement by apparent sign, the silence of the deeds does not bar the
is sentenced to a penalty which carries with it civil interdiction right to the easement
• FALSE • TRUE
62. What are the concepts of legitime (2) 6. In exceptional circumstances, an easement of right of wat may be acquired by prescription
• Right of the compulsory heirs to the share that was reserved for him by the law • FALSE
• Property forming part of the estate • Discontinuous easement, cannot be acquired by prescription
63. 2 instances when the naked owner is obliged to post a bond in usufruct (Art 587 &609) 7. The right to claim the exercise of a legal easement does not prescribe
• Expropriation Proceedings, make a replacement to the usufructuary, cannot still, pay the • TRUE
usufructuary (usufruct over money), interest. To secure the obligation, secure the bond. 8. The opening of a public road adjoining the dominant estate ipso facto extinguishes an easement
• If the naked owner does not want the personal property to be used for it has Sentimental of right of way through another’s property
Value • FALSE
64. Enumerate 9 classes of succession • It is not automatic, there must be demand and payment of indemnity
65. 6 grounds for disallowance of wills 9. By accession, fruits falling naturally belong to the owner of the land on which they fall
• Non–compliance with the formalities of the will • FALSE, by operation of law not by accession
• Incapacity of the testator 10. The easement of lateral support does not apply to future constructions
• Fraud on the part of the heir or the person in who favor the will was created • FALSE
• Undue and improper influence or pressure 11. A general capacity to contract is sufficient to constitute a voluntary easement
• Signed the document • TRUE
• Mistake, never intended the document to be his will 12. A property under usufruct may be subjected to a voluntary easement
66. Grounds for revival of property regime between the spouses before judicial separation of • TRUE
property (7) 13. There could be an easement over a property under usufruct
67. Presumptions regarding possession (8) • TRUE
68. 4 degrees of possession 14. The stock dividends belong to the naked owner but the usufructuary can enjoy the same during
the period of usufruct
CIVIL LAW REVIEW ’16 (6th QUIZ) • FALSE
• It belongs to the usufructuary
*2 hypo questions 15. There is no need for security in a usufruct over periodic rentals
1. Marriage Settlement/Donation Propter Nuptias – marriage did not happen, brother of supposed to • TRUE
be husband claims the car given by supposed to be husband to his supposed to be wife 16. The easement of right of way may be apparent or non-apparent
2. Dried up river bed for registration • TRUE
17. The easement of light and view may be non-apparent
• FALSE. There has to be an opening
CIVIL LAW REVIEW ’16 (7th QUIZ) 18. The easement of light and without view may be positive or negative
• TRUE
1. An easement is a real right of limited use but without possession of the thing
• Positive: Party Wall
• TRUE
• Negative: Exclusive Wall
2. The easement of light and view, abutment of a dam, and aqueduct are continuous easements
19. The easement on riparian owner is 20 meters along the banks of river in agricultural areas.
• TRUE
• TRUE
3. The easement of distance may be acquired by prescription
• 20 years - Agricultural
• TRUE
• 40 years - Forest
4. Servitude of intrusion may be acquired by prescription upon a notarial prohibition given to the
20. 4 requisites of right of way
servient owner
• owner of the property
• FALSE
• estate is enclosed by other immovable
• Intrusion is a positive easement
• not due to his own fault
• Notarial is a negative easement
• absolutely necessary
 • payment of indemnity
• least prejudicial to the servient owner (preferred shorter) 30. Roddy, Leila and Barrack are siblings. Their father, Padre Flora y Fauna, passed away. Roddy
21. Whenever the dividing wall of masonry has stepping stones, the wall is presumed an exclusive and Leila made arrangements for the cremations of their father’s remains. After the cremation
wall belong to the party on whose side the stepping stones protrude and without Roddy and Leila’s knowledge or consent. Barrack took the ashes away. Roddy and
22. 6 modes of extinguishing easements Leila want to charge Barrack for theft. Barrack alleges that no action for theft may be filed
• Merger against them as they ashes or the remains of Padre Flora y Fauna do not constitute property or
• Bad Condition are beyond the commerce of man. Are Padre Flora y Fauna’s remains (ashes) property? Explain.
• Non-user for 10 years
• Redemption agreed upon by the parties
• Renunciation by the owner
• Expiration of the term or fulfillment of a resolutory condition
23. A transferor whose property is isolated by a property he donated may demand a right of way
from the transferee without indemnity

24. 8 External signs rebutting the existence of a party wall

25. Exceptionally, a void marriage order Art 36 of the FC may be ratified

26. Family relations exist between the mother-in-law and the son-in-law even after the death of the
latter’s wife

27. An Australian living in the PH acquired shares of stock worth 10M in food manufacturing
companies. He died in Manila, leaving a legal wife and a child in Australia and a live-in partner
with whom he had two children in Manila. He also left a will, done according to the PH laws,
leaving the properties to his live in partner and their children. Is the will valid?

28. The residents of a subdivision have been using an open strip of land as passage to the highway
for over 30 years. The owner of that land decided, however, to close it in preparation for building
his house on it. The residents protested, claiming that they became owners of the land through
acquisitive prescription having been in possession of the same in the concept of owners, publicly,
peacefully, and continuously for more than 30 years. Is this claim correct?

29. Kili kili Power Towers Condominium Corporation (“KPTCC”) is a non-stock corporation
organized for the sole purpose of holding title to and managing the common area of the KIli Kili
Power Towers Condo. Membership in KPTCC is compulsory and limited to all registered
owners of units in the Condo. Poorita Corp is the registered owner of Unit 1A of the Condo.
Poorita Corpo’s President, Kulangot S. Pader (“KSP”) occupies said unit. Poorita failed to pay
the quarterly assessment and dues (beginning the year 2010 to present) that KPTCC collects
pursuant to the Master Deed and Declaration of Restrictions and its By Laws. KPTCC thus
disallowed KSP and Poorita from using the Condo facilities and common areas. Poorita alleges
that by preventing the use of the common areas, KPTCC has no right to demand payment for
assessment and dues as the right to demand such payment carries with it the correlative right to
allow the use of the condo facilities. Poorita also claims that since it is KSP using the Unit 1A
and the facilities and Poorita us only a juridical entity that does not actually stay in Unit 1A.
KPTCC cannot collect such dues. May KPTCC collect assessment and dues against Poorita
Corporation? Why? Why not?