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CIVREV QUIZ 2

1. Psychological incapacity
- PETITION SHOULD BE DENIED
- Juridical antecedence and incurability
- No relation between the PI and the marital obligations
2. Co-owners case
- The co owner has the right to enjoy and use the prop – will it make him a party in bad faith if
he uses the property even without the consent of the others?
- The interest of a co owner in a property is present and existing - co ownership exists in every
square inch of the property
- Apply by analogy Art 448 (accession industrial)
- Demolition is not an option on the part of the owner of the land but only a LAST OPTION
- The right of a co owner to use a property is only subject to the condition that it will not be
prejudicial, it will not damage the prop and will not prevent others to use and enjoyment of the
prop but it is not necessarily true that the co owner who constructs the land is in bad faith
- There is a recognition that he has a right to be there in the property
- Can a Builder in good faith insists on purchasing the land? NO. the choice is on the part of
the owner of the land and not the builder
3. Step brother and step sister marriage is validated by the retroactive application by the FC?
- FALSE - it will still be invalid
- Validity of marriages, contracts the law that will govern is the law at the time of celebration
- Last will: formalities of the contract shall be observed at the time of writing of the will (it is not
a contract – no meeting of the minds)
4. Rules AM (governing nullity – 2003) will be apply for petition for recognition of foreign judgement?
- NO. Japanese case
5. Discovered that H is impotent but still lived with him, is she estopped from seeking annulment?
- NO. ratification cannot be made in case of impotency
6. Government officials are corrupt – damages against writer and publisher
- NO. Not ascertainable or ascertained, government officials are general
7. Annulment of foreclosure and writ of possession – prejudicial question?
- NO. PCIB Case
- What again is a prejudicial qs?
- Both civil actions (ordinary and special) in this case
8. Surviving spouse of adopting parent and adopted child applies only if the cause of termination is
death?
- TRUE. “Surviving”
9. Child born of void marriage under Art 40 is legitimate
- NO – GR: children born under void marriages are illegit except under Art 36 and 53
10. H discovered illicit affair bet his wife and driver which cause him to kill himself, subsequent
marriage bet W and driver is void?
- NO. No intentional killing on the part of the paramour, it is suicide – not a ground for a
subsequent marriage to be void
11. Inability to procreate is a ground for annulment?
- NO. it is different from potency
12. Offending sps is not qualified to inherit testate in case of legal separation
- NO. In case of Legal Separation, the innocent spouse may still write a new will which names
the guilty spouse as heir
13. Fetus intra uterine life of exactly 7 months died within 24 hours is deemed born
- TRUE. Exactly 7 months
14. Unregistered assoc of students is a juridical person
- NO. the list of juridical persons are provided under the CC and must have a personality
separate and distinct – it is registration which vests juridical personality
- What if partnership? Is there a need for it to be registered first? NO. mere agreement of
parties to contribute
15. Corpo may not be criminally charged for tax evasion?
- FALSE
16. MR before appeal in nullity will apply even if solemnized in Jan 1988 provided case is file after
March 2003
- FALSE. Rules of court will apply
17. English translation of Japanese law by private corp– proof of said law
- FALSE. Attestaion and certification requirement
18. Non resident alien administratively naturalized?
- FALSE – only aliens born and resided in the PH
19. Void marriage for non compliance with Art 52 – ACP regime?
- FALSE – co ownership except Art 40
20. Lawyer notarizing agreement to terminate marriage can be charged administratively
- True
21. Articulo mortis marriage – other party believed that at the point of death even if the illness is not
fatal
- FALSE – if there is no license then it will be void
22. Marriage license obtained other than the residence is valid
- True
23. Stateless persons/refugees shall submit certificate
- FALSE – submit an affidavit that they are capacitated to marry – under what law?
- What is important is the fact that they are not married to another person and the age
24. Judgment of nullity of marriage on the ground of PI shall provide for Liquidation and partition of
properties
- FALSE - Limited or special kind of co ownership under 147 and 148 no need to comply
because prop relation which is co ownership can be partitioned and distributed in accordance
with rules of co ownership under the FC (different proceeding)
- Dino vs Dino
25. Art 40 of FC is a procedural rule that may be given retroactive application to justify conviction of
bigamy – marriage was in 1982
- FALSE – No retroactive effect
26. Child under 40 is legitimate
- FALSE - Art 36 and 53 are the only exceptions
27. FALSE – those who can file are only injured party but not the offending party
28. Extreme jealousy W shot H after seeing him with paramour – will Leg sep filed by the husband
propser?
- NO. It is lawful – 247 RPC – no consequences
- Attempt is justified
- Recrimination to defeat the action
29. Damages sales agent – abuse of right?
- NO. No bad faith – right of principal not to extend or renew
30. Significant decrease in value of prop that remains after partial expro will entitle owner to
consequential damages
- Will he be entitled to reparations - TRUE
- Consequential damages are already included in the just compensation
31. Expro authority cannot be liable to pay the damages because it will be unjust enrichment
- FALSE
32. CBA bereavement benefit limiting to a legit child dependent excludes the death of fetus
- FALSE Continental Steel vs Montano
33. Petitioners proved they did not go to Carmona Cavite and never resided there, no license issued ,
marriage is void even if contract indicates presence of license
- TRUE – whatever is written in contract is fictitious
34. Simper blah blah
- TRUE – validity of marriage is presumed
35. False affidavit in 5 year period of cohabitation is a mere irregularity that will not affect the validity
of marriage
- FALSE – lack of license
36. Exceptionally estoppel may bar H from assailing validity of marriage for lack of ceremony?
- NO. imprescriptible and cannot be ratified
37. Totality of evidence proves PI – necessarily void?
- FALSE – it would still need to comply with rewuisites
38. Share of offending spouse Forfeited in favor of common child
- FALSE – from the net profit
39. Subsequent recognition as PH citizen
- FALSE. Nationality at the time of obtaining divorce decree
40. Reckoning point is the citizenship at the time valid divorce decree is obtained
- TRUE
41. German national action for declaration of nullity to PH citizen
- FALSE. After divorce there is no need for action to declare nullity
42. Homosexuality ground for declaration of nullity or annulment
- FALSE – only leg sep or annulment if concealment
- Marriage is not void – is that not PI? NO.
43. No decision shall be handed down in action for declaration of PI unless Solgen issues certification
- FALSE – THERE ARE EXCEPTIONS
- There has to be representations by the Solgen – Molina guidelines but removed by SC rules
as long as represented by the Solgen
44. Without exception foreshore land is not capable of private appropriation
- TRUE – cannot be alienated
45. What is property?
- Classifications
- Classification of Real Prop
- Discuss significance of the classification of real prop

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