LEYTE COLLEGES TACLOBAN CITY

MIDTERMS in Civil Law Review

(S.Y. 2022-2023)

Test I.
Distinguish juridical capacity from capacity to act,

Test II.
State whether the following marital unions are valid, void, or voidable,
and give the corresponding justifications for your answer:

(a) Bong and Brenda were married when Bong was afflicted with
AIDS prior to marriage.
(b) Joey’s marriage to Lina took place after Lina had poisoned her
previous husband Jose in order to free herself from any
impediment in order to live with Joey.
(c) Marty and Celia’s marriage was solemnized seven years after
the disappearance of Rita, Marty’s previous spouse, after the
plane she had boarded crashed in the West Philippine Sea.

Test III.
Elvira had a relationship with a married man who had legitimate
children. A son was born in1981 out of that illicit relationship. Although
the putative father did not recognize the child in his certificate of birth,
he nevertheless provided the child with all the support he needed and
spent time regularly with the child and his mother. When the man died
in 2000, the child was already 18 years old so he filed a petition to be
recognized as an illegitimate child of the putative father and sought to
be given a share in his putative father's estate. The legitimate family
opposed, saying that under the Family Code his action cannot prosper
because he did not bring the action for recognition during the lifetime
of his putative father.

a) If you were the judge in this case, would how you rule?
b) Wishing to keep the peace, the child during the pendency of the
case decides to compromise with his putative father's family by
abandoning his petition in exchange for what he would have
received as inheritance if he were recognized as an illegitimate
child. As the judge, would you approve such a compromise?

Test IV.
Tommy and Reda were married in 1989. Ten years later, or in 1999,
Reda left Tommy and lived with another man, leaving their two children
of school age with Tommy. When Tommy needed money for their
children's education he sold a parcel of land registered in his name,
without Reda’s consent, which he purchased before his marriage. Is the
sale by Tommy valid, void or voidable? Explain with legal basis.

Test V.
You are a Family Court judge and before you is a Petition for the
Declaration of Nullity of Marriage (under Article 36 of the Family Code)
filed by Maria against Neil. Maria claims that Neil is psychologically
incapacitated to comply with the essential obligations of marriage
because Neil is a drunkard, a womanizer, a gambler, and a mama's boy-
traits that she never knew or saw when Neil was courting her. Although
summoned, Neil did not answer Maria's petition and never appeared in
court.

To support her petition, Maria presented three witnesses- herself, Dr.

Elsie Chan, and Ambrosia. Dr. Chan testified on the psychological report
on Neil that she prepared. Since Neil never acknowledged n9r
responded to her invitation for interviews, her report is solely based on
her interviews with Maria and the spouses' minor children. Dr. Chan
concluded that Neil is suffering from Narcissistic Personality Disorder,
an ailment that she found to be already present since Neil's early
adulthood and one that is grave and incurable. Maria testified on the
specific instances when she found Neil drunk, with another woman, or
squandering the family's resources in a casino. Ambrosia, the spouses'
current household help, corroborated Maria's testimony. On the basis
of the evidence presented, will you grant the petition?

Test VI.
Ted, married to Annie, went to Canada to work. Five (5) years later, Ted
became a naturalized Canadian citizen. He returned to the Philippines
to convince Annie to settle in Canada. Unfortunately, Ted discovered
that Annie and his friend Louie were having an affair. Deeply hurt, Ted
returned to Canada and filed a petition for divorce which was granted.
In December 2013, Ted decided to marry his childhood friend Corazon
in the Philippines. In preparation for the wedding, Ted went to the
Local Civil Registry of Quezon City where his marriage contract with
Annie was registered. He asked the Civil Register to annotate the
decree of divorce on his marriage contract with Annie. However, he
was advised by the National Statistics Office (NSO) to file a petition for
judicial recognition of the decree of divorce in the Philippines. Is it
necessary for Ted to file a petition for judicial recognition of the decree
of divorce he obtained in Canada before he can contract a second
marriage in the Philippines?

Test VII.
Gene and Jane, Filipino, met and got married in England while both
were taking up post-graduate courses there. A few years after their
graduation, they decided to annul their marriage. Jane filed an action to
annul her marriage to Gene in England on the ground of latter’s
sterility, a ground for annulment of marriage in England. The English
court decreed the marriage annulled. Returning to the Philippines,
Gene asked you whether or not he would be free to marry his former
girlfriend. What would your legal advice be?

Test VIII.
May an illegitimate child, upon adoption by her natural father, use the
surname of her natural mother as the middle name?

Test IX.
In 1984, Eva, a Filipina, went to work as a nurse in the USA. There, she
met and fell in love with Paul, an American citizen, and they got
married in 1985. Eva acquired American citizenship in 1987.
During their sojourn in the Philippines in 1990, they filed a joint petition
for the adoption of Vicky, a 7-year old daughter of Eva's sister. The
government, through the Office of the Solicitor General, opposed the
petition on the ground that the petitioners, being both foreigners, are
disqualified to adopt Vicky.

a) Is the government's opposition tenable? Explain.

Test X.
For many years, the Rio Grande river deposited soil along its bank,
beside the titled land of Jose. In time, such deposit reached an area of
one thousand square meters. With the permission of Jose, Vicente
cultivated the said area. Ten years later, a big flood occurred in the river
and transferred the 1000 square meters to the opposite bank, beside
the land of Agustin. The land transferred is now contested by Jose and
Agustin as riparian owners and by Vicente who claims ownership by
prescription. Who should prevail,? Why?
Test XI.
Andres is a riparian owner of a parcel of registered land. His land,
however, has gradually diminished in area due to the current of the
river, while the registered land of Mario on the opposite bank has
gradually increased in area by 200- square meters.

(a) Who has the better right over the 200-square meter area that
has been added to Mario’s registered land, Mario or Andres?

(b) May a third person acquire said 200-square meter land by

prescription?

Test XII.
A owns a parcel of residential land worth P500,000.00 unknown to A, a
residential house costing P 100,000.00 is built on the entire parcel by B
who claims ownership of the land. Answer all the following questions
based on the premise that B is a builder in good faith and A is a
landowner in good faith.

a) May A acquire the house built by B? If so, how?

b) If the land increased in value to P500,000.00 by reason of the

building of the house thereon, what amount should be paid by A in
order to acquire the house from B?

c) Assuming the cost of the house was P90,000.00 and not

P100,000.00, may A require B to buy the land?
d) If B voluntarily buys the land as desired by A, under what
circumstances may A nevertheless be entitled to have the house
removed?

e) In what situation may a “forced lease” arise between A and B. and

what terms and conditions would govern the lease?

Give reasons for your answers.

Test XIII.
a) Demetrio knew that a piece of land bordering the beach belonged to
Ernesto. However, since the latter was studying in Europe and no one
was taking care of the land, Demetrio occupied the same and
constructed thereon nipa sheds with tables and benches which he
rented out to people who want to have a picnic by the beach. When
Ernesto returned, he demanded the return of the land. Demetrio
agreed to do so after he has removed the nipa sheds. Ernesto refused
to let Demetrio remove the nipa sheds on the ground that these
already belonged to him by right of accession. Who is correct?