CIVIL LAW MOCK BAR

Spouses B and G begot two offsprings. Albeit they had serious personality differences,
the spouses continued to live under one roof. B begot a son by another woman. G also
begot a daughter by another man.

a. If G gives the surname of B to her daughter by another man, what can B do to protect
their legitimate children's interests? Explain.

b. If B acquiesces to the use of his surname by G’s daughter by another man, what
is/are the consequence/s? Explain.

II

G filed on July 8, 2000 a petition for declaration of nullity of her marriage to B. During
the pendency of the case, the couple entered into a compromise agreement to dissolve
their absolute community of property. B ceded his right to their house and lot and all his
shares in two business firms to G and their two children, aged 18 and 19.

B also opened a bank account in the amount of P3 million in the name of the two
children to answer for their educational expenses until they finish their college degrees.

For her part, G undertook to shoulder the day-to-day living expenses and upkeep of the
children. The Court approved the spouses’ agreement on September 8, 2000.

a. Suppose the business firms suffered reverses, rendering G unable to support herself
and the children. Can G still ask for support pendente lite from B? Explain.

b. Suppose in late 2004 the two children had squandered the P3 million fund for their
education before they could obtain their college degrees, can they ask for more support
from B? Explain.

III

Gigolo entered into an agreement with Majorette for her to carry in her womb his baby
via in vitro fertilization. Gigolo undertook to underwrite Majorette’s pre-natal
expenses as well as those attendant to her delivery. Gigolo would thereafter pay
Majorette P2 million and, in return, she would give custody of the baby to him.

After Majorette gives birth and delivers the baby to Gigolo following her receipt of P2
million, she engages your services as her lawyer to regain custody of the baby.

a. What legal action can you file on behalf of Majorette? Explain.

b. Can Gigolo demand from Majorette the return of the P2 million if he returns the
baby? Explain.

c. Who of the two can exercise parental authority over the child? Explain.

d. Is the child entitled to support and inheritance from Gigolo? Explain.

IV
Eighteen-year old Filipina Patrice had a daughter out of wedlock whom she named
Laurie. At 26, Patrice married American citizen John who brought her to live with him in
the United States of America. John at once signified his willingness to adopt Laurie.

Can John file the petition for adoption? If yes, what are the requirements? If no, why?

In 1997, B and G started living together without the benefit of marriage. The
relationship produced one offspring, Venus. The couple acquired a residential lot in
Parañaque. After four (4) years or in 2001, G having completed her 4-year college
degree as a fulltime student, she and B contracted marriage without a license.

The marriage of B and G was, two years later, declared null and void due to the absence
of a marriage license.

a. If you were the judge who declared the nullity of the marriage, to whom would you
award the lot? Explain briefly.

b. Is Venus legitimate, illegitimate, or legitimated? Explain briefly.

VI

a) Maria, wife of Pedro, withdrew P 5 Million from their conjugal funds. With this
money, she constructed a building on a lot which she inherited from her father. Is the
building conjugal or paraphernal? Reasons.

b) Cipriano and Lady Miros married each other. Lady Miros then left for the US and
there, she obtained American citizenship. Cipriano later learned all about this including
the fact that Lady Miros has divorced him in America and that she had remarried there.
He then filed a petition for authority to remarry, invoking Par. 2, Art. 26 of the Family
Code. Is Cipriano capacitated to re-marry by virtue of the divorce decree obtained by his
Filipino spouse who was later naturalized as an American citizen? Explain.

VII

a) Siga-an granted a loan to Villanueva in the amount of P 540, 000.00. Such agreement
was not reduced to writing. Siga-an demanded interest which was paid by Villanueva in
cash and checks. The total amount Villanueva paid accumulated to P 1, 200, 000.00.
Upon advice of her lawyer, Villanueva demanded for the return of the excess amount of
P 660, 000.00 which was ignored by Siga-an.

1) Is the payment of interest valid? Explain.

2) Is solution indebiti applicable? Explain.

b) Eulalia was engaged in the business of buying and selling large cattle. In order to
secure the financial capital, she advanced for her employees (biyaheros). She required
them to surrender TCT of their properties and to execute the corresponding Deeds of
Sale in her favor. Domeng Bandong was not required to post any security but when
Eulalia discovered that he incurred shortage in cattle procurement operation, he was
required to execute a Deed of Sale over a parcel of land in favor of Eulalia. She sold the
property to her grandneice Jocelyn who thereafter instituted an action for ejectment
against the Spouses Bandong.

To assert their right, Spouses Bandong filed an action for annulment of sale against
Eulalia and Jocelyn alleging that there was no sale intended but only equitable mortgage
for the purpose of securing the shortage incurred by Domeng in the amount of P 70,
000.00 while employed as "biyahero" by Eulalia. Was the Deed of Sale between Domeng
and Eulalia a contract of sale or an equitable mortgage? Explain.

VIII

a) Natividad’s holographic will, which had only one (1) substantial provision, as first
written, named Rosa as her sole heir. However, when Gregorio presented it for probate,
it already contained an alteration, naming Gregorio, instead of Rosa, as sole heir, but
without authentication by Natividad’s signature. Rosa opposes the probate alleging
such lack of proper authentication. She claims that the unaltered form of the will should
be given effect. Whose claim should be granted? Explain.

b) John Sagun and Maria Carla Camua, British citizens at birth, acquired Philippine
citizenship by naturalization after their marriage. During their marriage, the couple
acquired substantial landholdings in London and in Makati. Maria begot three (3)
children, Jorge, Luisito, and Joshur. In one of their trips to London, the couple executed
a joint will appointing each other as their heirs and providing that upon the death of the
survivor between them, the entire estate would go to Jorge and Luisito only but the two
(2) could not dispose of nor divide the London estate as long as they live. John and
Maria died tragically in the London subway terrorist attack in 2005. Jorge and Luisito
filed a petition for probate of their parents’ will before a Makati Regional Trial Court.
Joshur vehemently objected because he was preterited.

1) Should the will be admitted to probate? Explain.

2) Are the testamentary dispositions valid? Explain.

3) Is the testamentary prohibition against the division of the London estate valid?
Explain. (1%)

IX

a) Ricky and Arlene are married. They begot Franco during their marriage. Franco had an
illicit relationship with Audrey and out of which, they begot Arnel. Frnaco predeceased
Ricky, Arlene and Arnel. Before Ricky died, he executed a will which when submitted to
probate was opposed by Arnel on the ground that he should be given the share of his
father, Franco. Is the opposition of Arnel correct? Why?

b) How can RJP distribute his estate by will, if his heirs are JCP, his wife; HBR and RVC,
his parents; and an illegitimate child, SGO?

a) Does the right to request for the issuance of a writ of possession over a foreclosed
real property prescribe in five (5) years?

b) A petition for declaration of nullity of a void marriage can only be filed by either the
husband or the wife? Do you agree? Explain your answer.

XI

a) A contract to sell is the same as a conditional contract of sale. Do you agree? Explain
your answer.

b) A partner cannot demand the return of his share (contribution) during the existence
of a partnership. Do you agree? Explain your answer.
XII

Anthony bought a piece of untitled agricultural land from Bert. Bert, in turn, acquired
the property by forging carlo's signature in a deed of sale over the property. Carlo had
been in possession of the property for 8 years, declared it for tax purposes, and
religiously paid all taxes due on the property. Anthony is not aware of the defect in
Bert's title, but has been in actual physical possession of the property from the time he
bought it from Bert, who had never been in possession of the property for one year.

a. Can Anthony acquire ownership of the property by acquisitive prescription? How

many more years does he have possess it to acquire ownership?

b. If Carlo is able to legally recover his property, can he require Anthony to account for
all the fruits he has harvested from the property while in possession?

c. If there are standing crops on the property when Carlo recovers possession, can Carlo
appropriate them?

XIII

Arthur executed a will which contained only: (i) a provision disinheriting his daughter
Bernica for running off with a married man, and (ii) a provision disposing of his share in
the family house and lot in favor of his other children Connie and Dora. He did not make
any provisions in favor of his wife Erica, because as the will stated, she would anyway
get ½ of the house and lot as her conjugal share. The will was very brief and
straightforward and both the above provisions were contained in page 1, which Arthur
and his instrumental witness, signed at the bottom. Page 2 contained the attestation
clause and the signatures, at the bottom thereof, of the 3 instrumental witnesses which
included Lambert, the driver of Arthur; Yoly, the family cook, and Attorney Zorba, the
lawyer who prepared the will. There was a 3rd page, but this only contained the notarial
acknowledgement. The attestation clause stated the will was signed on the same
occasion by Arthur and his instrumental witnesses who all signed in the presence of
each other, and the notary public who notarized the will. There are no marginal
signatures or pagination appearing on any of the 3 pages. Upon his death, it was
discovered that apart from the house and lot, he had a P 1 million account deposited
with ABC bank.

a. Was Erica preterited?

b. What other defects of the will, if any, can cause denial of probate?

c. Was the disinheritance valid?

d. How should the house and lot, and the cash be distributed?

END

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