Professional Documents
Culture Documents
CivRev2 HW
CivRev2 HW
347-356.In a criminal case for homicide through reckless imprudence, upon arraignment,
defendant driver, D, pleaded guilty. The trial court rendered judgment convicting him and
sentencing him to pay the heirs of the deceased P12,000. Upon motion of the heirs of the
deceased, a writ of execution was issued against D, but was returned unsatisfied because of
the latter’s insolvency. Whereupon, a motion for the issuance of a subsidiary writ of
execution was filed against E, D’s employer. E now contends that since he is not impleaded
in the criminal case, the proper remedy in order to enforce the subsidiary liability of
employers under Art. 103 of the Revised Penal Code is to bring a separate civil action
against him. Is E correct?
357-366.A parcel of land covered by a tax declaration has already been the subject of a
series of transfers until it was mortgaged to a bank by X who did not pay the obligation. The
bank foreclosed the mortgage. The bank’s ownership was later on consolidated; then, A and
B acquired it from the bank with a warranty against eviction but no warranty that its title was
perfectly valid. When A and B asked for a certification from the Bureau of Forest
Development, it was found out that the land was a timberland, hence, they asked for the
refund of their money. The bank contended that it was the absolute owner, having bought it
at an auction sale, and that there was no malice or fraud in its sale to A and B, hence it could
not be compelled to return the purchase price. Is the bank correct?
367. Where negligence is punishable under the Penal Code, the responsibility for quasi-
delict is distinct from the civil liability arising from the felony and may therefore be pursued
separately.
368. A breach of contract may result from a quasi-delict.
369-370.Define proximate cause.
371-372.What is the doctrine of contributory negligence?
373-374.Explain the doctrine of discovered peril.
375. Under the doctrine of “supervening negligence”, the antecedent negligence of a
telephone company in not providing warning signs on its excavations would not make it
liable if the plaintiff had a clear chance to avoid the accident.
376. The “volonti non fit injuria” rule does not apply if a person, aware of the possible
danger, takes some risks in order to preserve life.
377-378.What is the doctrine of imputed negligence?
379. The burden of proof is the same in actions culpa contractual and culpa aquiliana.
380-381.Explain the res ipsa loquitor rule.
382. Philippine law also recognizes the “strict liability in torts” rule.
383. Liability may be created even if there is no fault or negligence.
384. If the driver and owner of a cargo truck which figured in a road mishap were found liable
for tort, their liability is solidary.
385. A subsidiary writ of execution may be issued against the employer of an accused even
if the former did not participate in the criminal proceedings.
386. Exceptionally, the crime of rape may be considered a quasi-delict.
387-390. Requisites of quasi-delict.
391. Culpa contractual and culpa aquiliana both give rise to an obligation to indemnify.
392. As a general rule, quasi-delict covers all negligent or culpable acts or omissions
whether punished by law or not so long as they do not constitute breach of contract.
393. Factors affecting negligence are circumstances of person, time, place and skills.
394. A person may be held responsible for the acts and negligence of others under his
control and supervision as in injury caused by stray animals.
395-399. Enumerate the persons responsible for the acts and negligence of others.
400. The head of families that live in buildings or parts thereof shall be liable for damages
caused by things thrown or falling from the same and no proof of negligence is required to
hold them liable.
401. Damages recoverable for quasi-delicts include damnum emergens and lucrum
cessans.
402. Fault must be the proximate and need to be the only cause for the damage in order to
recover indemnification.
403. Actual damages are reparation of pecuniary losses.
404. Moral damages are reparation for non-pecuniary losses.
405. Liquidated damages must be proved by the claimant.
406. Exemplary damages are for deterring future violations.
407. Fixing the amount of indemnity may only be by law or by the courts.
408-409. What is the extent of compensatory damages?
410-412.Give the requisites for the recovery of actual damages.
413. Equitable mitigation of damages may be decreed if loss would have resulted in any
event even if there was no breach by the defendant.
414. No interest may be recovered on unliquidated claims or damages, except when the
demand can be established with reasonable certainty at the Court’s discretion.
415-418.Enumerate the cases where attorney’s fees and costs of litigation may be
recovered.
419-423.In what cases may an award for moral damages be made?
424-426.Characteristics of liquidated damages.
427. Liquidated damages are those damages agreed upon by the parties to a contract and
may not be equitably reduced.
428. Exemplary damages cannot be awarded alone.
429. The preference provided in article 2241 of the Civil Code can only be applied if there is
an insolvency proceeding.
430. With reference to specific movable property, the claims of employees of the owner now
enjoy preference over taxes.
431. With respect to specific immovable property, only taxes enjoy absolute preference and
the other preferred credits must be paid pro rata.
432-435.What are the 4 elements involved in medical negligence cases?
436. A partner may be both limited and general in one partnership.
437-439.What are the elements of abuse of right?
440-442.In what instances are the partners solidarily liable with the partnership?
443-447.What are the requisites of agency by necessity?
448. Extraordinary expenses on the occasion of the actual use by the bailee without fault
shall be borne by the bailor.
449-458.X borrowed money from Y. As a surety for the payment of the obligation, Z
executed a real estate mortgage in favor of the creditor, Y. X failed to pay his obligation,
hence, Y demanded the payment of the obligation. As X failed to comply, Y foreclosed the
mortgage executed by Z, who moved for the nullification of the same contending that Y
should have resorted first to the properties of X before the foreclosure. Is Z’s action correct?
Why?
469.The agent is obliged to deliver to the principal whatever he may have received by virtue
of the agency, even though it may not be owing to the principal. Give one exception.
470.A third person dealing with a partner or an agent must ascertain the limits of
authority of the acting partner or agent.
471.In an express trust, acceptance by the trustee is not necessary for the creation of the
trust.
472.Acceptance by the beneficiary is not necessary for the creation of an express trust.
473.The trustor may or may not have the capacity to transfer property.
474.Express trust is created by declaration of the trustee that he holds the property in trust.
475.Trusts over real property are enforceable in any form.
476.The trustee can acquire the trust property by adverse possession even without
repudiation of the trust.
477.In order to bind third persons to a trust, the same must be in a public instrument.
478.Statute of limitations applies to express trusts.
479.There is partnership when two or more persons bind themselves to contribute money,
property, reputation or industry to a common fund, with the intention of dividing the profits
among themselves.
480.A contract of partnership may be constituted in any form except when a parcel of land is
contributed in which case the contract must be in a private or public instrument.
481.Husband and wife may enter into a partnership for the exercise of a profession.
482.The sharing of net returns may indicate the existence of a partnership.
483.A person who, not being a partner in fact, allows his name to be included in the firm
name, may subject himself to the liabilities of a limited partner.
484.Appraisal of goods contributed to the partnership must be based on the value at the time
of perfection of the contract if different from delivery.
485.An industrial partner may engage himself in any other business with the authority of the
other partners.
486.When there is no specification as to the management of the partnership, the partner with
the highest contribution becomes the manager.
487.The capitalist partners may exclude from the partnership an industrial partner who
engages himself in a business without the required authority even if the industrial partner
also contributed a parcel of land to the partnership.
488.A limited partner is a partner in a partnership.
489.A limited partner who is also a general partner is liable to the creditors of the partnership
but only up to his contribution.
490.A limited partnership is dissolved upon retirement, death, insolvency, insanity or civil
interdiction of a general partner.
491.A contract of agency to sell personal property is a real contract that would require the
delivery of the thing to be sold.
492.A partnership is formed even if no inventory and public instrument of real properties
contributed to the partnership was made.
493.Universal partnership of all present property includes title to all present and future
property as well as future properties acquired by gratuitous title.
494.A contract of partnership with a capital of P3,000 must appear in a public instrument and
recorded in the Securities and Exchange Commission to be enforceable.
495.A stipulation excluding an industrial partner, from any share in the profits or losses is
valid.
496.An industrial partner is exempt from payment of liabilities to partnership creditors.
497.A transfer of a partner’s entire interest in the partnership to his only partner dissolves the
partnership.
498.In voluntary transfer of a partner’s interest in the partnership, the assignee becomes a
partner if majority of the partners consent thereto.
499.A person admitted as partner in an already existing partnership is also liable with his
individual properties for all obligations of the partnership arising before his admission unless
there is a contrary stipulation.
500.A commission agent cannot sell on credit goods or items without the express or implied
consent of the principal.
501.An agency “coupled with an interest” survives the grantor’s death.
502.In case there are two or more principals, any one of them may revoke the agency
provided the consent of the other is sought.
503.Constructive trusts are imposed by the law to carry out the actual or presumed intent of
the parties if the express trust is prejudicial to the interest of the beneficiary.
504.Resulting Trusts are established by law, regardless of intention, in order to prevent
fraud, oppression or unjust enrichment.
505.No express trust concerning an immovable or any interest therein may be proved by
parol evidence.
506.There is a resulting trust when a donation is made to a person but it appears that
although the legal estate is transmitted to the donee, he nevertheless is either to have no
beneficial interest or only a part thereof.
507.There is a constructive trust when land passes by succession to any person and he
causes the legal title to be put in the name of another.
508.There is constructive trust if the price of a sale of property is loaned or paid by one
person for the benefit of another and the conveyance is made to the borrower but mortgaged
to secure the payment of the debt.
509.Laches is a defense in resulting trusts unless the beneficiary had no knowledge of the
facts.
510.In express trusts, the statute of limitations does not apply to subsisting and continuing
trusts, so long as there is no denial or repudiation thereof.
511.The sharing of gross returns is sufficient to establish existence of a partnership.
512.When an unlawful partnership is dissolved by a judicial decree, the profits and unlawful
objects shall be confiscated in favor of the State.
513.The land owned by the partnership where it operates a shabu laboratory may be
confiscated by the State.
514.When a partnership for a fixed term or particular undertaking is continued after the
termination of such term or particular undertaking without any express agreement, the rights
and duties of the partners remain the same as they were at such termination for the same
period as initially fixed in the contract of partnership.
515.Important alterations in the immovable property of partnership, if useful and beneficial to
the partnership, is a mere act of administration and may be made upon the consent of the
financial majority.
516.Strangers are bound to inquire into the existence of any restriction of authority on the
part of a partner.
517.Misappropriation of one partner binds the partnership when the partner in the course of
business receives money or property of a third person and the money or property so
received is misapplied without the knowledge of the other partners.
518.If a person specially informs another or states by public advertisement that he has given
a power of attorney to a third person, the latter thereby becomes a duly authorized agent, in
the former case with respect to the person who received the special information, and in the
latter case with regard to any person even if the latter did not read the publication when he
transacted with the agent.
519.A special power of attorney is necessary to make gifts for charity or to employees in the
business managed by the agent.
520.A special power of attorney is necessary to loan or borrow money, unless the latter act
be urgent and indispensable for the improvement or preservation of the things which are
under administration.
521.An agent may be relieved by agreement from the obligation to make an accounting.
522.If the commission agent receives guaranty commission in addition to ordinary
commission, the agent shall bear the risk of collection and shall pay the principal the
proceeds of the sale on the same terms agreed upon with the purchaser unless the principal
consented to the sale on credit.
523.If the third person does not know that the agent exceeded the scope of his authority, he
may hold the agent liable as well as the principal, even if he has not inquired into the
authority of the agent.
524.Agency by ostensible authority consists in the conscious permission of acts beyond
those powers granted.
525.If two or more principals have appointed an agent for a common transaction or
undertaking, they are jointly liable unless solidarity is agreed upon.
526.An agency is not revoked by the principal’s death if it has been constituted in the interest
of a third person without notice or knowledge of the interest.
527.An oral trust over personalty is valid.
528.There is no need for the trustee to render his account under oath.
529.The trustor cannot prohibit alienation of the subject property for a period more than 25
years.
530.Merger is a cause for the termination of an implied or express trust.
531.In an implied trust, the action to recover must be brought within five years from the
issuance of the title to the property.
532.A partner may transfer his interest to another over the objections of the other partners.
533.A secret and silent partner is one who has no voice in the management of the
partnership and is not known to the other partners.
534.The partnership begins from the moment it is recorded in the Securities and Exchange
Commission.
535.The fruits of the property promised to be contributed by a partner should also be
delivered without exception.
536.In case of imminent loss of the business of the partnership, an industrial partner shall be
required to contribute additional service to the partnership.
537.An industrial partner can engage in other business, but must not compete with the
partnership, unless otherwise stipulated.
538.A partner, as agent, cannot assign partnership property in payment of partnership debt.
539.Dissolution terminates the partnership.
540.Insolvency of a partner is one of the causes for voluntary dissolution of a partnership.
541.In case of an agreement between a partner, the partnership debtors and the persons
continuing the business, a partner may be discharged from liabilities.
542.Creditors of the old partnership are no longer considered as creditors of the continued
partnership.
543.The individual property of a deceased partner, whose name is being used by the
continuing partnership, shall be held liable for debts contracted after his death.
544.A limited partner may contribute services to the partnership.
545.A limited partner’s surname may appear in the partnership name but he becomes a
general partner with respect to the partners and third parties.
546.A substituted partner is one admitted to all the rights of a limited partner.
547.An assignee of a limited partner acquires the rights of the assignor.
548.A principal may be bound by an agent to render service without compensation.
549.In all cases, a special power of attorney is necessary to loan or borrow money.
550.Why is submission to arbitration not included in a special power to compromise?
551.There is an implied acceptance if the principal delivers his power of attorney to the
agent and the latter receives it without objection.
552.An agent may be exempted by stipulation from rendering an accounting.
553.If the principal does not mention the power to substitute at all, the agent may appoint
one but he is responsible for the acts of the substitute.
554.An agency is gratuitous unless compensation is agreed upon.
555.The accomplishment of the object of the agency extinguishes an agency even prior to
the final accounting.
556.An agency at will is revoked even if the revocation is not brought to the knowledge of the
agent.
557.When a partner by estoppel combines with another partner and on the strength of the
representation, contracted with a third person, both of them are liable pro rata.
558.A partner is a co-owner of the other partners with respect to the undistributed net profits
of the partnership.
559.Winding up may be done by a mere assignee in exceptional circumstance.
560.A decree of dissolution of a partnership may be granted upon application of the
purchaser of partnership interest in case of termination of the term or undertaking.
561.Except as necessary for winding up, dissolution terminates all authority of partners to
act for the partnership.
562.After dissolution, a partner can bind the partnership by any transaction which would bind
the partnership if dissolution had not taken place, provided the other party to the transaction
had extended credit to the partnership after the dissolution.
563.Dissolution necessarily discharges a partner of liability for obligations incurred
thereafter.
564.When a partnership agreement is rescinded on the ground of fraud or
misrepresentation, partners who are not guilty shall have the right to subrogation for any
payments made by them of partnership liabilities.
565-569.What are the causes for involuntary dissolution of a partnership?
570-573.What are the liabilities of the partnership in their rank in the order of payment?
574-579Enumerate some rights of a limited partner?
580-585. What are the grounds for the extinguishment of agency?
586-595.Give ten instances when an agency couched in general terms would not be
sufficient.
596.In what instance may an assignee of a partner’s interest judicially demand for
dissolution at any time?
597-599.Give three (3) examples of implied resulting trusts.
600++++.Write your original, poem, song, story, essay, or any creative literature about the
covid-19 pandemic.
April 1, 2020
Markets are now empty. Stores are closed. Buyers and sellers are nowhere to be found. In
his apartment, a seller let out a deep sigh. Left his town to help the farmers earn out of their
produce. But two weeks into the pandemic, he found himself on a lockdown... along with his
rotting produce.
He look at his earnings. Just a few bills enough to sustain him for the whole quarantine. He
can’t even go home. Checkpoints surround the city. Forcing his way out would subject him to
jeopardy. He felt alone. But he is determined. He can survive this.
But as much as both have enough to sustain themselves, they still have something else due
them... rent, water, and electricity.
April 5, 2020.
Ring ring! My mom is calling.
“Son, is it true that rent is deferred for the whole quarantine period? Some of our tenants
refused to pay.” My mom greeted me with a question.
“Huh?” I was drawn aback. “DILG Circular only provides that rent is extended. They cannot
defer it as it is the lessee’s obligation.” I explained to her.
My mom just take note. But I can feel her reluctance. As much as some would take
advantage of the pandemic, some is truly in need of help. But I also understand that for
someone running a business, this is a loss. Everytime she file her returns, her books are just
for shows. Her liabilities were already fixed.
April 6, 2020
Ring ring! My dad is calling.
“Son, your mom and I agreed to defer rent for this month. We’ll just let it be our help to
them.” My dad explained.
I was shocked! My dad is the kind of person who’ll not take a loss out of anyone. Deferring
rent would mean paying them out of their own pockets. I wanted to confirm, but this is
already surprising for me.
“One of our tenants only sells bananas for a living. He can no longer peddle his produce. Will
we still demand for rent?” My dad continued.