Professional Documents
Culture Documents
2017 Be and A
2017 Be and A
II.
SUGGESTED ANSWER:
c. Does Rigor have legal basis for his application for judicial
confirmation of
imperfect title based on prescription as defined by the Civil
Code given that, like
Mike, his open, continuous, exclusive, and notorious possession and
occupation was
not since June 12, 1945, or earlier, and his tract of land was
timber land until the
declaration in 1991? Explain your answer.(4%)
SUGGESTED ANSWER:
III.
When Josef sought the release of the amountdeposited, NHA argued that
Josef should
only be entitled to P50 million.
SUGGESTED ANSWER:
IV.
SUGGESTED ANSWER:
V.
SUGGESTED ANSWER:
Since the entry made by Liz is throughstealth, Jacob could have filed
an action for forcible
entry. Ordinarily, the one-year period within which to bring an action
for forcible entry is
generally counted from the date of actual entry on the land,
except that when the entry is
throughstealth, the one-year period is counted from the time the
plaintiff learned thereof.
Here, since more than one year had elapsed since Jacob learned of the
entry made by Liz
through stealth, the action that may be filed by Jacob is no longer
forcible entry, but an
accion publiciana. [Basis: Canlas v. Tubil, 601 SCRA 147 (2009); Valdez v.
CA, 489 SCRA 369
(2006); discussed in pp. 353-354, Vol. 1, Rabuya’s Civil Law
Reviewer]
VI.
SUGGESTED ANSWER:
SUGGESTED ANSWER:
No, because in the agreement between Alice and Bernadette
the ownership is reserved in
the vendor and is not to pass to the vendee until full
payment of the purchase price, which
makes the contract one of contract to sell and not a
contract of sale.
SUGGESTED ANSWER:
Pedro had worked for 15 years in Saudi Arabia when he finally decided
to engage in
farming in his home province where his 10-hectare farmland valued
at P2,000,000
was located.He had already P3,000,000 savings from his long stint in
Saudi Arabia.
The farmland and the savings were all the properties he left.
(a) State who are Pedro’s legal heirs, and the shares of each legal
heir to the estate?
Explain your answer.(4%)
SUGGESTED ANSWER:
Pedro’s legal heirs are his legitimate child, Alex, and his three
illegitimate chidlren with
Veneranda. Pedro’s chidlren with Veneranda are illegitimate because
they were conceived
and born outside of a valid marriage. Alex, on the other hand,
is a legitimate child because
she was conceived or born inside a valid marriage.
Pedro’s surviving parents are not legal heirs because they are
excluded by Alex. In intestate
succession, the legitimate ascendants do not become legal heirs
if there is a surviving
legitimate descendant, such as Alex in the problem. Veneranda
is not a legal heir of Pedro
because she and Pedro were not married.
SUGGESTED ANSWER:
No, because the testamentary dispositions impair the legitimes of
Pedro’s compulsory
heirs.
Following the provisions of the Civil Code, only Alex and Pedro’s
three illegitimate children
are Pedro’s compulsory heirs. Since Alex is Pedro’s legitimate
descendant and a primary
compulsory heir, she excludes Pedro’s parents as compulsory heirs, the
latter being merely
secondary compulsory heirs. However, the three illegitimate chidlren
are considered
concurring compulsory heirs who are also entitled to a share of
the legitime.
IX.
Danny and Elsa were marriedin 2002. In 2012, Elsa left the
conjugal home and her
two minor children with Danny to live with her paramour. In
2015. Danny sold
withoutEIsa’s consenta parcel of land registered in his name that
he had purchased
prior to the marriage. Danny used the proceeds of the sale
to pay for his children’s
tuition fees.
SUGGESTED ANSWER:
The sale is void because the subject property is a
community property which was sold
withoutthe consentof one of the spouses.
Since the marriage of Danny and Elsa was celebrated during the
effectivity of the Family
Code without a marriage settlement, their property regime is
absolute community of
property, which is the property regime that applies by default under
the Family Code in the
absence of a marriage settlement. Under the regime of
absolute community, properties
acquired by the future spouses prior to the celebration of
the marriage shall become
community property after the marriage. Hence the subject property
is a community
property.
Under the regime of absolute community, the disposition or
encumbrance of community
property must have the written consentof the other spouse or the
authority of the court
without which the disposition or encumbrance is void Here, the sale
of the absolute
community property by the husband withoutthe consentof the
wife or the authority of the
court renders the sale void, whatever may be the reason for such
sale. The husband should
have obtained court authorization in selling the community property
for the purpose of
using the proceeds thereof to pay his children’s tuition fees. [[Basis:
Articles 75, 91 and 96,
Family Code; discussed in pp. 145, 147 and 153, Vol. 1,
Rabuya’s Civil Law Reviewer].
X.
(d)A sale enteredby Barri and Garri, both minors, which their parents later
ratified.
(2%)
SUGGESTED ANSWER: Valid. Under the Civil Code, while both parties to
the contract are
minors and, therefore, incapable of giving consent, the ratification
made by the parents of
both the contracting parties shall nonetheless validate the contract
from the inception.
[Basis: Article 1407, Civil Code; discussed in p. 297, Vol. 2,
Rabuya’s Civil Law Reviewer]
XI.
Zeny and Nolan were best friends for a long time already.Zeny
borrowed 310,000.00
from Nolan, evidenced by a promissory note whereby Zeny
promised to pay the loan
“once his means permit.” Two months later, they had a quarrel that
broke their long-
standing friendship.
Nolan seeks your advice on how to collect from Zeny despite the tenor
of the
promissory note. what will your advice be? Explain your answer.(3%)
SUGGESTED ANSWER:
SUGGESTED ANSWER:
(c) Only the city or municipal mayor can file a civil action
to abate a public nuisance.
(2%)
SUGGESTED ANSWER:
SUGGESTED ANSWER:
XV.
SUGGESTED ANSWER:
Yes, ABC Bank may proceed directly against Rosella upon Kevin’s default even
without
proceeding against Kevin first because Rosella is a surety after she
bound herself solidarily
with the principal debtor.
XVI.
Jovencio operated a school bus to ferry his two sons and five
of their schoolmates
from their houses to their school, and back. The parents of the five
schoolmates paid
for the service. One morning, Porfirio, the driver, took a
short cut on the way to
school because he was running late, and drove across an unmanned
railway crossing.
At the time, Porfirio was wearing earphones because he loved
to hear loud music
while driving. As he crossed the railway tracks, a speeding PNR train
loudly blared
its horn to warn Porfirio, but the latter did not hear the
horn because of the loud
music. The train inevitably rammed into the school bus. The strong
impact of the
collision between the school bus and the train resulted in
the instant death of one of
the classmates of Jovencio’s younger son.
(a) Did his operation of the school bus service for a limited
clientele render Jovencio
a common carrier? Explain your answer.(3%)
SUGGESTED ANSWER:
SUGGESTED ANSWER:
Being a common carrier, Jovencio is required to observe
extraordinary diligence, and is
presumed to be at fault or to have acted negligently in
case of the loss of the effects of
passengers, or the death or injuries to passengers.
SUGGESTED ANSWER: