BARQ&A FOR THE PAST 10 YEARS CIVIL LAW 2020 Edition DEAN VIVIANA MARTIN - PAGUIRIGAN eon. iversy tthe Eo! Callege et Lew Masa2008 BAR EXAMINATION 1 An Rivera had 6 husband, a Filpino eiizen like her, who was among the passengers on board a commercial jet plane which crashed in the Allanfic Ocean ten (10) years earlier and had never been heard of ever since, Believing that her husband had died, Ana martied Adol Cruz Slaedler, a divorced German national born af 2 German father and a Fipino mother residing in Stuttgart. To avoid being required to submit the required ceriicate of capacity to marty from the Gorman Embassy In Manila, Adolf stated in the application for marriage license thai he was @ Flipino cifizen. With the marriage license stating that Adolf was « Filipino, the couple got married In a ceremony officiated by the Parish Pries! of Colombe, Laguna in a beach in Nasugbu, Balangas, os the local parish priest refused to solemnize marriages except in his church. Is he mariage valid? Explain fully. (5%) PROPOSED ANSWER: The mariage between Ana and Adolf is not voli. The facts state that Ana hos @ previous morriage with her Fiipino husband andi cithough the latter has been missing for the last ten years ‘Ang did not toke any steps to have her husbond declared presumplively decd before contractinga BAR Q&A FOR THE PAST 10 YEARS the subsequent mariage with Adolf. he law pro- Vides that a mariage contracted by ony person uring the subsistence of a previous mariage shall be null and void, unless before the celebra- tion of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present hod @ welkfounded belie! that the cbsent spouse was cleady dead. For purposes of contracting the subsequent mar Flage, the low further requires thot the spouse presen! must insite @ summary preceeding for the declaration of presumptive death of the ab- sentee, without prejudice fo the effect or reap- pearance of the absent spouse, Arlcle 41, Fo- mrily Code} Thus, the subsequent marriage con- tracted by Ano without fist securing the declara: tion of presumptive death of her husband shall ‘be considered void for being bigomous. The fact that the solemnizing officer celebroted the mar- flage outside of hs teritercl jursaiction is imma- terial because such iregulariy wil not affect ine valicty of the mariage. Rather, itis the foflure of ‘Ang fo secure the declaration of presumpiive death wrich wi render her martiage void, At age 18, Maifan found out that she was pregnant. She insured her own life and named her unborn child as her sole beneficiary. When she was clready due fo give bith, she ond her boyfriend Pietro, the father of her unboin child, pe 2008 BAR EXAMINATION ‘were kidnapped in ¢ resort in Bataan where they were vacationing. The millary gave chase and ‘tier one week, they were found In an abon doned hut in Cavite. Marian and Pietro were hacked with bolos. Marian ond the baby she de liveted were found dead, with the baby’s um- bilical cord already cut. Piel survived, 1) Can Marian's baby be the beneficiary of the Insurance taken on the life of the mother? PROPOSED ANSWER: Were it not forthe untimely death of Marion's booby, it could hove been o Beneficiary of Marion's insurance benefit. A fetus, aihough as yet unborn, hos @ presumptive aersonaity for all Purposes favorable to it provided it be born Under the conattions specified in Article 41 of the Civil Code [aricle 40, Cis Code. Under Arce 41, @ fetus is considered bom itt is alive of the ime itis completely delvered from the mother’s womb. However, ifthe fetus hed an intra-uterine Ife of less than seven months, itis not deemec ‘bom if it dies within twenty-four hours after its complete delivery rom the maternal womb. b) Between Marian ond the baby, who is presumed fo have died ahead? (1%) PROPOSED ANSWER: Based on the facts, the Baby was a fullterm ‘one and has been completely delvered from the mother’s womb. Ifthe baby was lve ot the fimeBARGE A FORTHE PAST 10 YEARS Of ils separation from the mother's womb, itis to be presumed that the baby is the one who died head based on the presumption established Under he Rules of Court particulary Section 3 fi, Rule 131 which provices thal whan Iwo persons perish in the same colamity, such as wreck, battle, or conflagration, andl its not shawn who ied fist, and there are no particuler citcumstar- Ces from which ican be infeed, the survivorship isdetemined from the probabiliies resulting fom the strength and the age of the sexes, and if one bbe under fifleen or over sity, and the other Be!- ween thase ages, the latier is deemed to have survived, Hence, the baby being uncer fifteen is presumed fo hove died ahead of Maren. <) Wil Pieto, as surviving biological father of the baby be entitled fo claim the proceeds of the Ife Insurance on the ife of Marian? (27%) PROPOSED ANSWER: No, Pieto wil not be entities to the process of the fe insurance of Marian, This s so because. he is not the designcted beneficiary of the life insurance but ine baby. On the other hand, since the baby is eresumed fo have cied chead of Marian, did nol cequire any rights to the insu: ance proceeds which it could pass toils Biolog coal father, Pett. 2008 BAR EXAMINATION " Roderick and Faye were high school sweet- hearts. When Roderick wos 18 and Faye, 16 years ‘ld, they started fo live together as husband end wife without the benefit of marrage. When Faye reached 18 years of age, her parents forcibly took her back and arranged for her marriage to Brad. Although Faye lived with Brad after the martiage, Roderick continued fo regularly visi Faye while Brad was away at work. During thelr mariage, Faye gave birth to baby gi, Laica. When Faye was 25 years old, Brad discovered her continued liaison with Roderick in one of theit heated arguments, Faye shot Brad to death. She lost no fime in manrying her true love Roderick, ‘without @ mariage license, claiming that they have been continuously cohabiting for more than 5 years. ©) Was the marriage of Roderick and Faye valid? (2%) PROPOSED ANSWER: No, the mariage belween Roderick one Foye Is not veld, The law requires @ mariage license cs cone of the formal requisites of marriage absent which, the merrage wil be void ab ino. The fect ‘nat the parties executed an atidavit that they had been cohabiting for more than fve years wl nol cute the defect of the absence of the license because for the parlies 1o be exempt fom ine license on the ground of martel cohebitation,x8 0 2A FOR THE PAST 10 YEARS they must not be sutfering from any impediment fo marry each other during the cohabitation. In the cate presented, Faye end Roderick hed not ‘acivally lived together which all the more renders their affidavit of cohabitation irelevant. Even as suming that they cid cohabit with each other, the fact that Faye has a legat Impediment because of her exiting mariage with Brad wil not render tem exempt fom the license requiremen’ Hence, their mariage is void for fotal absence oF G formal requisite. b) What isthe fifation status of aiea? (27%) PROPOSED ANSWER: Loice is considered ¢ leatiimate child of Faye ‘and Brad, The law provides teat chien con- ceived or bom during the mariage of the po- rents ore legitimate [Article 164, Family Code). Since Laica was bom curing the union of Faye dnd Brad, she is considered c legitmate child of the spouses, ¢) Cen Leice bring en action fo Impugn her ‘own status on the ground that based on DNA results, Roderick i her biological father? (2%) PROPOSED ANSWER No, Laica cannot impugn her own legitimacy. The legitimacy of a chic con be impugned os a rule, only by the husband because it is the husband who stonds to be ridiculed in case it's 2008 BAR EXAIMINATON found or discovered thal the child bem to his wife Was not his chiid. Also, the period fo impugn le giimecy is relatively made short by law in order fo protect the chic and alter he lapse of one yecr. fwo yeoss, or three years fam the knowledge of beth of is recording in the civ register as provides by Atticle 170 of the Family Code, the slatus of the hid becomes fixed ond Unassalable (Tson vs Court of Appeok, 276 SCRA $82} ¢) Can Lies be legitimated by the marriage ‘of her biological parents? (132) PROPOSED ANSWER: No, since the legitimacy of Leica is no longer ‘open fo question, the issue af legitimation wil no longer be feasible even on the assumption tha’ she Is really the biological child ot Roderick ane! Faye. Secondly. on the assumption that Roderick Is really Laica's biological father, ne fact inot she was conceived when Faye has an impediment 10 momy, Roderick would not make legimation legally feasible because only chileren conceived ‘and bom outside of wodlock of parents, who ai the time of the conception of the former ware not suffering tom ny impediment moy be legitimated [article 177, Family Code), W. Gianna was born fo Andy and Aimee, who at the fime of Gianna's birth were not married fobana A FORTHE PAST 10 YEARS each other, While Andy was single at thet time, ‘Aimee was stil in the process of securing a juci- lal declaration of nulity on her manage to her ‘exchusband, Gionna’s birth certificate, which was signed by both Andy and Aimee, registered the Salus of Gianna as “legitimate”, her sumame artying thet of Andy's and that her parents were married fo each other. ) Can a judicial action for correction of en- tries in Gianna’s birth cerliicate be successtully tained to: 1) Change her status from “legitimate” to “Megttimate” (1%) PROPOSED ANSWER No, @ judicial action for correction of Gianna’s sus fom legitimate tollegiimate cannot be suc: Cessully mainlained, Ths isso because on action Of such nalure would 68 a collaieral attack on the la's legtimacy wrich Is nol permifted. Also, Gianna war bom af c fime when Amee was sti legally married to her husband since she wos sil in the process of securing a decree of rullly of her moriage at the ime of Giannd’s bir. Hence, Gianna is stil considered leglimote chid of ‘Aimee ond her legal husbend wno under the law i tgien the primary fight fo Impugn the legtiimacy of the child born to hs wife Ii) Change her sumame from thot of 's maiden surname? (1%) 2008 BAR EXAMINATION PROPOSED ANSWER: No, the action to change Gianno’s surname from that ef Andy's sumame to Aimae’s maiden sumame shall cls fol, Since Gianna was bem during the mariage of Aimee to her legol hus band, her status & deemed legiiimate ond she should have cared the sumame of Aimee's legal husband who is presumed her father, A change of surname trom that of Andy fo that o' ‘Aimee will be erroneous as it wil not be consis ‘ent with her status es c legiimate chil ») Instead of « judicial action, ean adminis incllve proceedings be brought for the purpose of making the above corrections? (275) PROPOSED ANSWER: No, cn administrative proceeding fo offect the chonges in status or surname isnot permitied under the provisions of Republic Act No. 9048 which aniy alows correction of typographical er ‘ors in the fist name end not a change in sur nome. The law does not also permit a change in stalvs from legitimate to legitimate to be done in cn administrative proceeding because these ‘re substontiol changes and not mere typoore: phical or nnocuous erors. <¢) Assuming that Aimee Is suecestful in dec- laring her former marriage void, and Andy and ‘Aimee subsequently martied each other, would Gionna be legitimated? (1%)PARQ. A FORTHE PAST 10 YEARS PROPOSED ANSWER: No. even if Andy and Almes subsequently get married atter Aimee secures a decree of ru ly, Gianna would not be legitimated for the fol: lowing reetons fist, she Is considared a legitimate Child of Aimee and the iatter's husband £0 lac mation would not be an issue: secondly, even i Gianna'is@ biological chia of Andy and Aimee, the latter s suffering from on impediment to mar ry Andy at the fme of the conception of Gianna which would prevent the process of legtimation rom faking place. v. Despite several relationships with ifferent women, Andrew remained unmaried. His first relationship with Brenda produced a daughter, ‘Amy, new 20 years old. His second, with Carla produced two sons: Jon and Ryan. His third, with Donna, bore him two daughters: Vina ond Wilma, His fourth, with Elena, bore him no children though Elena has a daughler Jane, form a pre- vious relationship. His last, with Fe, produced no biological children but they informally adopted without court proceedings, Sandy, now 18 years ‘old, whom they consider as thelr own. Sandy was ‘orphaned as a baby and was entrusted to them by the midwife who ofended to Sandy's birth. All the children, including Amy, now live with Andrew in his house, 2008 BAR EXAMINATION ©) Is there any legal obstacle to the legal ‘adoption of Amy by Andrew? To the legal edop- ion of Sandy by Andrew and Elena? (272) PROPOSED ANSWER Thete is no legal obstacle to the adoption of ‘Amy by bs biolosical father, Anotew, As a gene. ralrve, « person of lagal age may no longer be adopted. By way of exception, the lav allows the edoption of a child who is olready of iegal 190 If he or she hos been constantly heated os 1 chi by the adopting parent curing his or her minor, The fects state that Amy is living with Andrew, thus, even if she is already 20 years o'0, Andrew may legally adopt her. in addition, Amy is an llegtimate chid of the adopter Andrew ‘ond although she is cready of legal age, sne may be adopted by her illegitimate fether to foise her status to that of legiimacy, However, the adoption of Sandy by Andrew ‘and Elena is not possible becouse they are not legally maried. b) In his old age, can Andrew be legally eniiied to claim support form Amy, Jon, Ryen, Vina, Wilma ond Sandy assuming that all of them have the means fo support him? (1%) PROPOSED ANSWER: Yes, Ancew is legally entitled to claim sup. Poor! from Amy. Jon, Ryan. Vina, and Wime but ot from Sandy. Support is ofcined amongAR. 2 A FOR THE PAST 10 YEARS clher between porents cnd their legitimate children ond the legiimate ond ileaitimate chi- {ren of the later (Aticie 195, Family Code). How ever, Andrew cannot claim support from Sandy because the latter is not his chid whether leglimate or ilegtimate, ond neither wos Sondy legaly adopted by Ancvew which would have created the bond similar to inat of legtimate aterrity and fiction between them to entite ‘Andrew to claim support trom Sond. ) Can Amy, Jon, Ryan, Vina, Wilma and Sandy legeily claim support form each other? (2%) PROPOSED ANSWER: ‘Amy, Jon. Ryan, Vina ond Wima being ile jimate brothers and sister are aso entitled fo Claim support from each ther because the law the law provides that brothers and sisters not eal imately related, whether full or halt-biood ore likewise bound to support each other to the full exient mentioned In Arlicie 194, excep! only when the need for support of the brother or ssi, being of ge, i due a couse imautabia to the lcimont's faut or negligence. (Aricle 196, Fam: ly Code) However, Amy, Jon, Ryn, Vine and \Wima cannot cleim supper trom Sandy and the latter cannot likewise claim suppod fom the five because there is no blood relationship among them: 2008 BAR EXAMINATION ) Can Jon and Jane legally marry? (1%) PROPOSED ANSWER: Yes, Jon ond Jone can legally many be- cause they ore noi related to each other, Jon being the son of Ancrew with Carta, whiletione is the daughter of Andrew's fourth commer-aw wife, Elena with anather man, They ako do no! fall among the patties prohibited to marry eact ‘other by tearon of public policy. wt Alex died without a wil, leaving only an undeveloped and untitled ot in Taguig Cily, He Is survived by his wife and 4 children. His wife told the chiléren that she is waiving her share in the property, and allowed Bobby, the eldest son who ‘was obout fo get married, to construct his house: 1% of the lol, without however obtaining the con- sent of his siblings. Afler settlement of Alex’s es: fale ond partition emong the hel, i! was disco- vered that Bobby's house was constructed on the pottion allocated to his sister, Cathy, Cathy ‘asked Bobby fo demolish his house ond vacate the portion alloted to her. in lieu of demoliion. Bobby offered to purchase from Cathy the lol potion on which his house wat constucted. At that ime, the house was valued at P300,000 while the portion of the lo! on which the house wos constructed was valued at P350,000,BARGE A FORTHE PAST 10 YEARS 2} Can Cathy lawlully ask for demolition of Boboy's house? (372) PROPOSED ANSWER No, Cathy cannot ask for the demotion of the portion of Bcbby's house which encroached con her lot because Bobby is a bulléer in good faith. On the essumption that the lot left by Alexis Fis exclusive property, the lot Become subject of the co-ownership améng Alex's wife ond four children which they would hove divided equally. Since the wile of Alex allowed Bobby to uid cn the V4 portion ofthe land, ils to be cssumed that he did so in good faith. Thus, Afticle 448 shal ‘opply. Under Aisle 448, the landowner on which ‘anything has been bull, planted or sown in good faith only has the following options: 1) 10 appro. priate the bullcing, planting or sowing ater paying indemnity to the builder or 2} to ask the Builder, planter or sewer to Quy the land it the value ‘hereotis not considerably higher than the building or the trees. Hence, Cathy as tne owner af tne land cannot ask for the demolition of the Portion of Bobby's house stancing or her land be: Cause ils not one of the options granted by low to the owner of the land if tne builder acted in 00d faith b) Can Bobby legally insist on purchasing the lena? (2%) 2008 BAR EXANINATION PROPOSED ANSWER: No, Bobby may likewite not Iegaly ins! on purchasing the land, The bulier in good faith is Not the one enliied fo exercite the option but ro: ther the owner of the lend on which the bull was consttucied. The option lies with the owner Of the land because his right is older and by the Principle of accession, the owner of the lan ‘owns whatever is built, planted, or sown on his land subject fo the righ's of the builder in good fait vu. Anthony bought © plece of untitied agricul ral land from Ber, Bert In turn, ecquited the pro- erty by forging Carlo’s signature in a deed of scle over the properly. Carlo had been in posses slon of the properly for 8 years, declared ifor fax purposes, end religiously pald all foxes due on the property. Anthony is not aware of the defect In Bets thle, but has been in actual physical pos session of the property from the fime ha bought It from Bert, who had never been in possession. Anthony has since then been in possession of the properly for one year. 2) Can Anthony acquire ownership of the Property by acquisive prescription? How many more years does he have fo possess it fo acquire ‘ownership? (27)BARGE A FORTE PAST 10 YEARS PROPOSED ANSWER: Yes, Anthony may acquire ownership of the lond by acquisiive preterption becouse he pos sexed with @ just title but not from the tue owner, Ordinary acquisiive prescription requires possession of things in good faith and with just file for the time fied oy low (Article 1117) Anthony needs to possess the land for 9 more years since ownership ond other real rights over immovable property ore acquired by ordinary prescription through possession of fen yecrs [asticle 1134), Since Anthony has possessed the land ony for one year, he stil needs 7 years 10, complete the 10 yecr prescriptive period. ») If Carlo Is able to legally recover his pro- pert, can he tequite Anthony to account for ail the fils he has harvested ftom the property wile in possession? (295) PROPOSED ANSWER: No, Carlo ccnnot require Anthony to. cc- count for ell the fruits the later has harvested do- fing the fime thot ne possessed the property Being c possessor in goad lth, Anthony is en: filed to al the fruls received trom the property Uni his possession Is legaly interupted (Afticie 544, Clvi Code), Possession Is legally Intenupted only for the time of receipt of judicial summons by the possessor (Article 1123, Civil Code). Hence, if ever Anthony would be required to aecount for the fut, it would only be reckoned from the time: 2008 BAR EXAMINATION he received jucicial summons because by then, the cheracter of his possession was rensformec from good faith to bed fait, ) If there are standing crops on the property when Carlo recovers possession, can Catlo ap propriate them? (27) PROPOSED ANSWER: Yes, If there are stancing crops at the time Carlo recovers possession, Colo may appre priate them but only an prorated basis, Since Anthony's possession staried in good foith the ‘rus harvested on the property shall be prorated between Carlo and Anthony depending on the etiod of possession. Ths is ordained by Article 545 of the Civil Code which provides that ott ‘ime the good feith ceases, thera should be any ‘natural or incustial fruits, the possessor shall have © ‘ight fo @ port of the net harvest, bon in Proportion to the fime of the possession, The charges shall be divided on the same basis by the two possessors vi ‘Adam, a building conkctor, wat engaged by Blas fo construct @ house on a lot whieh he (Bios) owns. While digging on the lot in order to lay down the foundation of the house, Adam hit @ very hard object. It tuned out fo be the vault of the old Banco de las Islas Filipinas. Using a deto-BARA A FORTHE PAST 10 YERRS nation device, Adam was able fo open the vault Coniaining old netes and coins which were In ci ‘culation curing the Spanish era, While the notes tand coins are no longer legal fender, they were valued ot P 100 milion because of their historical ‘value and the coins’ sliver and nickel content The following filed legal clcims over the notes cand coins 1) Adam, as finder: 1) Blas, as owner of the property where they wore found IM) Bonk of the Philippine Islands, as succes- sor-in-interest of the owner of the vault; and iy) The Philippine Government because of their historical valve, {9} Who owns the notes and coins? (47) PROPOSED ANSWER: The notes ond coins shall be owned by ‘Adam and Blas in equal shares. The vauil conta ring the notes ond coins may be considered hi den treasure even ifthe facts tote that the vou! was previously owned by Banco de Ios Was Fk pines. Considering the length of time that ine ‘vault hos been buried it may be considered hie: den treasure pecause the lawiul ownershio of the vault does not appear. It cannot be assumed that Bank of the Philippine Isonds os the succes- socininterast of Banco de las las Filipinas would ‘own the old notes and coins considering that i 2008 BAR EXAMINATION ‘wos not part of the assets turned over to BPI by Banco de Ios isles as the latter may nob even be ‘ware of is existence anymore ot the ime BF! suceseded il, Being in the category of hidden ‘reasure, the finder Adam, who is nat © trespasser Is entitled to one-half of the treasure while the ‘other nif belongs fo Blas os the owner of the land on which it was found [Aricle 438, Civ Code). the notes and coins may be acquired by the Sicte pursuant fo Arlicle 438 which provides thet if the Jhings found be of interest fo science of the arts the state may acquire them at their just pice, b) Assuming thet earlier of both Adam and Blas are adjudged as owners, wil he notes and coins be deemed part as thelr absolvie commu: nity of conjugal partnership of gains with their respective spouses? (272) PROPOSED ANSWER: Yes, the notes ond cons will be deemed part of the assels of the absolute community of con} {gal porinershio existing in the marriage of Acom ‘and! alas. The law provides that in a regime of ‘absolute community, al the properties owned by the s20use5 ct the time of the celebration of the mortiage as well as whatever they may acquire ‘nereatter shal fm part of the absolute commu: nity. (Aricle 91. Family Code]. Ino regime of con. jugal portnership. properties acquired by elther or both spouses though thei efferts or by choneeBAR QA FOR THE PAST 0 YEARS during the mariage shall form port ef their con: juga pr iva The properties of Jessica and Jenny, who are neighbours, lie along the banks of the Marikina River. At cerfain times of the year, the river would swoll and as the water recedes, soll, rocks and other materials are depesiied on Jessica's and Jenny's properties. This pattern of the tiver swe ling, receding and depositing soll and other ma- terials being deposited on the neighbours’ pro- petties have gone on for mony years. Knowing tis patter, Jessica constructed a conerete ber. fier about 2 meters from her property line and ex. tending towards the river, so that when the water fecedes, soll cnd other malericls ore trapped within this barrier. After several years, the area between Jessica's propery line fo the concrete barrier was completely filled with soi, effectively Increasing Jessica's property by 2 meters. Jen- ny's propeity, where no battler was constructed, lio increased by one meter along the side of the river. 4) Can Jessica ond Jenny legally claim ow- netship over the additional 2 meters and one me- ler, respectively, of land deposited long thelr properties? (27) 2008 BAR EXAMINATION PROPOSED ANSWER: With respect to Jessica, she cannot legally cilcim ownership over the additional two meters ‘added fo her land becavie for the alluviurn to belong to the riparian owner, the law requires that the some must be gradually received from the effects of the cunent of the waters. 487, Civi Code). Accretion, as a mode of ac fing property under Art, 457 of the Civil Code, uires the concurrence of these requistes that the depostion of sal or sediment be gracucl ‘and imperceptible: (2) that it be the result of the action of the waters of the river; ane! (3) that the: land where accretion takes place Is edjacent to the banks of rivers. These ote called the ries on aluvion which if present in @ case, give to the owners of lands adjoining the banks of rivers 0° streams ony accretion gradually tecsived from the effecis of the curant of woters (Meneses v Court of Appeais, 246 SCRA 374 [1995). Where the land was nol formed solaly by the natura elect of the cument of the river bordering scic land but i olso the consequence af the aireci (ond deliberate intervention of man, itis deeme: ‘© man-made accretion ond, as such, part of the public domain. [Voo. De Nazareno v. Court of ‘Appeats, G.R. No. 98045 June 26, 1996) Itis clear from the facts thet Jessica constuc- fed the concrete barrier precisely le trap the de- Postion of soll and other sediments on her land. such that it cannot be considered es onBARGE A FORTHEPAST 10 YEARS due fo the action ofthe river. At mast, it Is aman- made accretion, and thus it belongs fo the State. However, Jenny can legally claim the addi tional one meter added to her land pursuant to Asticle 457 of the Civil Code being @ graduol ce- position of soll end sediment solely through ac- b) If Jessica’s and Jenny’s properties cre re- istered, wil the benefit of such registration ex- fend fo the increased crea of thelr properties? x) PROPOSED ANSWER No, the registration of the respective proper tios of Jessica end Jenny shall not extend to the increased arec of thelr properties but they have io file @ separcte appieation for its reaktration Under the provisions of the Properly Registration Decree and prove befere the cout! that the re- Quisites of accretion under Article 457 have been complied with, ¢) Assume the two properties are on a cit ‘adjoining the shore of Laguna Lake. Jessica and Jenny had a hotel bul on the properties. They had the earth and rocks excavated from the properties dumped on the adjoining shore, giving tise fo a new patch of dry land. Can they validly lay claim to the paich of lanl? (2%) 2008 BAR EXAMINATION PROPOSED ANSWER: No, Jessica ond Jenny cannot valialy lay claim fo the patch of lana. In Vela, De Nazarene vs Court of Appeals, Giz. No. 98045 June 26, 1996, the Court ruled that the requirement tha’ the depost should be due to the effect of the cur Tent of the river's indispensable. Ths excludes trom ‘At- A57 of the Civil Code all deposits caused! by human intervention, Futting it aifferenty. aluvion must be the exclusive work of nature. x. Arthur executed a will which contained only: (0 a provision disinherting his daughter Bernice for running of with a married man, end (i) @ pro: vision disposing of his share in the family house ‘and lot in favour of his other cl Dora. He die not make any provisions in favour of his wife fica, because at the will stalec. she would anyway get Js of the house and lot as het Conjugal ‘shore, The will was very brief and skaightforward and both the above provisions were contained in page 1, which Arthur and his instrumental witness, signed at the bottom. Page 2.contained the altestation clause and the signo- tures, at the bottom thereof, of the 3 instrumental witnesses which included Lambert, the driver of Arthur, Yoly, the femity cook ond Attorney Zorba, the lawyer who prepared the will There was a 3rd age. but this only contained the notarial ac- knowledgemen!. The atiestation clause statedAR. A FORTHE PAST 10 YEARS the will was signed on the same occasion by ‘Avihur and his instrumental wiinesses who all Signed In the presence of each other, and the notary public who notarized the wil. There cre no marginal signatures or paginailon appearing on ny of the 3 pages. Upon his death, it was disco. ‘ered that apart from the house and fol. he had « P milion account deposited with ABC Bonk. 1a) Was Erica preterted? (172) PROPOSED ANSWER: No, Erica was not preteried, Pretertion con- skis in the omission In te testator’s wil of the forced heirs of anyone of them either because they are not mentioned therein, or, though men- tioned. they ore nether instituted as heis nor are expressly disinheriied [Nuguid v. Nuguid, 17 SCRA 450 [1966]: Maninang v. Court of Appeais, 114 SCRA 478 (1982). In order fer pretertion to toke ploce. the heir omitted by the testator mus! be © Compulsory heirin he direct line (Ariicle 854, Civil Code} Insofar as Erica is Concerned, arficle 854 of the Civil Code may not apply as she does not fscend or descend tom the festater, althougn she is o compulsary her. Stated otherwise, even it tne surviving spouse Is G compulsory het. here is ‘no pretertion even It she is omitted from the inheritance, for sne i not in the direct line [ ¥, Inlermediate Appellate Court, GR. No. October 27, 1987). 2008 BAR EXAMINATION ) Whet other defects of the will if any, can ‘cause denial of probate? (2%) PROPOSED ANSWER: ‘Apait from the issue of pretention, the other defects in the wil of Arthur which may couse de~ rial of probate ore the following: the failure o: tne attestation clause fo state that the witnesses signed in the presence of the testator: the fac that one ef the attesting witnesses was the nctary public before whom the will was acknowledged, The attestation clause must not only state tha: the testator signed the willn the presence of the attesting witnesses, its mandated! that the cttes fation clause must alo state that the attesting witnesses signed the willnct only in the presence of each other but also in the presence of tne testator (Article 80S, Civ) Code]. in the cote pre- sented, the attestation clause merely mentioned that the wil was signed by arthur and his int: mental wiinesses wno all signed in the presence of each other but it did not categarically state that the ‘witnesses signed in the presence of ‘Adhur {Caneda v. Court of Appeat, GR. No. 108554 May 28, 1993). Hence, the detect cannot bbe cured by « mere examination of the will clone but would necessitate the presentation of extin: sic evidence, Also, the notary public cannot be one of the cttesting witnesses because he cannot acknow- ledge before himself his having signed the wil os 1 witness, To cllow the notary public to actBAR G&A FORTHE PAST 10 YEARS third witness, or one the attesting and acknow- edging wiinesses. would nave the effect of ha- ving only two aitesting wiinesses fo the will which ‘would be in contravention of the provisions of Ar- ticle 805 be requiring at least three credible wi- nesses fo oct as such ond of Acie 806 which equies tnot the tesiator and the required num- ber of witnesses must appear before the notcry public fo acknowedge. the will (Cruz v. Vilas, GRNo, L32213 November 24, 1972) €) Was the disinheritance vaitd? (1%) PROPOSED ANSWER: No, he disinnerttance is not vali. One of the requisites for a valid disithesitance is that it must be made in a valid will While Bemice’s act of running off with c married man may consltvle & ground for 4 valid dsinnentance, under leading dishonorable and disgraceful life (Article 919, Wil Code}, the requisite that the disinnertance: mus! be made in @ void wil is lacking. The wil in the cose presented is vold for the failure of the Gtesiotion clause to sicie thet the witnasser signed the wil not only in the presence of each other but also in the presence of the testator, ‘and that it lacks the required number of witnesses 5 the notary publics dqualifed as a witness d) How should the house ond let, and the cash be alstibuted? (1%) 2008 BAR EXAMINATION PROPOSED ANSWER: The house and lot ond the meney should be distibuted in accordance with the rules on intes- tote succession. Arthur himself acknowledged ih the wil the conjugal nature of the house since he menfioned thet he did not insttute Erica b cause she would get one-naif of the house anj- way. As such, one half of the house shall be divi- ed equally mong Arthur's heirs, his wife Eica, ‘ond his three chigren Semise, Connie, and Bora, (On the assumption that the PIM is exclusive to Arthur, i shall be divicled equally among his suv ving heis such that each of them shall De en- fited to P250,000.00. However, if the PIM is like- wise part of the conjugal property of Arthur ane Bico, then only P5C0,000.00 shall be divided equally among the four heirs of Arthur at the rate (of P125,000 for ech. Thus, as the surviving spouse Erica shall get « total of P425,000.00 which con sists of her conjugal share ond her V4 share in the 500,000.00 as heir of Arthur. xt John and Paula, Bish citizens ot birth, ae- quired Philippine citizenship by naturalization offer their manage. During thelr mariage the couple ‘acquired substaniil lendholdings in London and in Maka. Paula bore John three children, Peter. Paul and Mary. In one of thelr tips fo London, the couple executed en joint will appointing each ‘other as their heis and providing upon the deathBARA A FORTHE PAST 10 YEARS of the survivor between them the entire estate ‘would go to Peter and Paul only but the two could not dispose of nor divide the London eslate os Tong as they live, John and Paula died tragically in the London Subway tererst alfack in 2006. Peter ‘and Paul fled @ peiiion for probate of thelr pa- ‘ent's will before @ Maketl Regional Tilal Court 4) Should the will be admitied fo probate? on) PROPOSED ANSWER: No, the wil of John and Paula should be de ried probate. Philippine law does not allow the execution af joint wil by reason of public policy. As Flipino ciizens, John ond Paula re therefor. not permitted 10 execute a joint will even if they executed it in a country where Joint wils cre: lowed. Another reason why probate siould be ‘Geried is he pretention of Mary who was their ie timate daughter, all chiloren of the testator are conigered compubory nets and unless they are valisly dtinherited, Tey connet be omitted in the wil fo the testator. b) Are the testamentary dispositions valid? on, PROPOSED ANSWER: No, the testamentary provisions are nat con- sidered valid. The preterilion of o compulsory heir in the direct ine renders the entre will volo ex Cop! legacies and devees whicn ote not inoif 2008 BAK EXAMINATION ious. In the case presented, Mary was totally omitted in the wil without being expressly dsinhe- filed, hence the willis void ¢) Is the testamentary prohibition agains! the division of the London estate valid? (27) PROPOSED ANSWER: On the assumption that the wills vafd, the provision prohibiting tne disposition or alvsion of the London estate fer as long as Peter anc Paul cre alive contravenes the provision of aticle 870 wich provides that dispositions of the testator declaring all or part of the estate inalienasie for mere than twenty years are void, In edcltion, Ar ficle 494 of the Clvi Code provides that a donor or festotor may prohibit partion for period which may not exceed twenty [20] years Xx, Emmesio, an overseas Filipino worker, was co- ‘ming home fo the Philippines after working for so many years In the Middle East. He had saved 100,000 in his savings cecount in Manila which he Intended fo use fo stor! @ business in his home counkry. On his fight home, Emnesto had a fatal heart attack. He left behind his widowed mother, his common-law wife and thelr win sons. He lof ro will, no debts, no ether relatives and no other properties excep! the money in his savings ae-BARGE A FORTHE PAST 10 YEARS ‘count. Who ate the heits eniiled to Inherit from him and how much should each receive? (37) PROPOSED ANSWER: The heis entlled to inherit from Emesto are his ‘win sons by hs common law wife, ond his mother. Legitimate parerts or ascendiants of the deceased ‘concur with fhe ilegtimate chigren of the totter [aricle 991, Civil Coae] since Enesto dled intes- late, his mother wil get one-half ofthe P100,000.00 estate or PS0,000.00 Gnd the other half wil go fo his ilegitimata twin sonsin equal shores Allernative Answer: Emesto's cohabitation with his common low wife would entile the Ictter fo an equal share in the P100,000.00 cequired during their conabita- tion if there was no impediment to marry on the por! of both (Arlicle 147, Family Code) Hence. the estate of Emesto would only be P50,000.00, The ofher 50,000.00 will pertain fo the commen- law wife as her shore in the co-ownershia whie the P50,000.00 estate of Emesto wil be clviced elween his mother, wno will get one-half, and the two egiimate sons who will get the other holt of the P80,000.00 to be divided equally bet- ween them, xi Raymoné, single, named his sister Rutfa in his will as @ devise of a parcel of land which he ‘owned. The wil Imposed upon Rutfa the of 2008 BAR EXAMINATION tion of preserving the land and transfering it, upon her death, fo her illegitimate daughter Scoriet who was then only one year old. Ray- mond later died, leaving behind his widowed mother, Rutfe and Scariet, ©) Is the condition imposed upon Rutfa to preserve the property and fo transmit # upon her death fo Scariet, vatia? (172) PROPOSED ANSWER, Yes, the conaition & voll, The coneftion in the nature of a fideicommissory substtution where- by the fist heir oppointed by the testator it obliged, {0 preserve and transmit the properly to the se- ‘cond heir, provised thot the fist and second hei ore both dive at the time af tha death ef the fest forand they ore only one degree apart from each other. Al the requisies of a fideicommissary subs- fitution are present, hence the condition s vale, ») It Scarlet predeceases Rutla, who inheris the property? (272) PROPOSED ANSWER: If Scatlet predeceasos Ruffe, the he's of Scarlet may cicim the property rom the estate of Rutfa upon the latter's death. In @ fidelcommns sary substitulion, both the frst and the second heir inhert from the testator and as such, its me material it the second her predeceases the frst heir for as long as the second heir wos alive at tne fime of the testator’s death, The second heirBARGE AFORTHEPAST 1D YEARS ‘ecquires the right fo the succession from the fime Of the testater’s death, even though he prede- ‘ceoses the feveiary. The raht of the second helr shall pass fo his hes ¢) If Rutfa predeceases Raymond, can Scarlet Inher the property directly fom Raymond? (2%) PROPOSED ANSWER: Yes, Scarlet can sill Inher the property from Raymond even if Rulle predeceased ‘he latter. In @ fideicommissary subsftution, both the fist ‘ane second het inherit from the festater but the second hel’ ight ls merely postponed until after the death of the fist halt or if the testator hos specified o petiod within which the fist hei shal ftensmit the property fo the second het. then pon the expiration of such period. The intention of the testator s eventually for the second hei io get the property. Following this ine of reasoning, the second heir con inherit even if the frst heir predeceased the testator. The fact that Scaviet s €n ilegifmate child of Rutfo wil not affect har fight to succeed from Raymond because the barier between legtimates ond ilectimates would only applyf the deceased died intestate. xv. Steve was bom blind. He went fo school for the blind, anc! learned to recd in Bralle language. He specks English fluently. Can he: 2) Make a wal? (1%) PROPOSED ANSWER: Yes, Steve can make @ wil All persons who cre not expressly prohibited by law and wno ore eighteen years of age ond of sound mind may make @ will (Aricle 794, 797, 798, Civ Code}, However, he can eniy make @ notafal wil ang sholl be subject to additional fermalties men- tioned! in Aricle £08 of the Civ Code, He cannot fexecule a holographic wil because the law re- utes that it must be enirely written, dated, ang Sioned by the hand ef the testator himselt (Alice B10, Civi Coa} b) Act as a witness to a will? (1%) PROPOSED ANSWER: No, Sieve cannot be a witness fo © will be: couse the law requires that o witness must not be bling, cect, or dumb (Article 820, Chil Code] 1a notarial wills executed by a blind testa- tor, the law requires that the wil must be read to him twice. The low species that it must be read to the testator fis by one of the attesting witnes- ses ond once by the notary public Sefore whom the walwas acknowledged, ) In elther of the above instances, must the willbe read to him?PROPOSED ANSWER: Assuming that Steve can execute a hologto- phic wil, would not require that it be read to Fim becayse that requirement only applies fo no» ral wils executed by a blind testator. xv, Fdvardo was granted a loan by XYZ Bank for the purpose of Improving « building which XYZ leased from him, Edvard, executed the promis- sory note ("PN") In favour of the bank, with his friend Recardo at co-signalory. In the PN, they both acknowledged thal they are "Individually ‘and collectively” lable and waived the need for prior demand, To secure the PN, Recardo execu ted a real estate mortgage on his own property. ‘When Edvarde defaulted on the PN, XYZ stopped payment of renials on the bullding on the ground that legal compensation had set in, Since there was sill a belance due on the PN offer applying the rentals, XYZ foreclosed the real estate mort- gage over Recardo's property. Recardo opposed fhe foreclosure on the ground that he is only co-signatery; that no demand was made upon him for payment, and the balance of the loan, Further, Recarde’ sold thal when the bank in: yoked compenselion between the rentals ond the amount of the loan, i! amounted to a new contract or novation, and had the effect of ex: {inguithing the secuilly since he did not give his content (as owner of the properly under the real estate mortgage) thereto, ©) Can XYZ Bank volldly assert legal com pensation? (27) PROPOSED ANSWER: Yes. XYZ bank con claim legal compensation but only fo the extent of the sum due from the {debtors ond the rentals due from the bank. Legal ‘compensation under Aricle 1279 takes place by operation ef law when all the requisites men: tioned therein ore present ond extinguishes oth debis fo the concurrent amount, even though ihe creditors and dabtors are not aware of the compensation (Article 1290, Ciil Code). Since XYZ bonk and Eduardo ore mutual crediters and Gebio's of each other, and Bath debs for the Payment of money appear to be both de, iui Gated ond demandable legal compensation may be invoked by “he bank b) Con Recardo’s properly be foreciosed to ey the full balance of the loan? (2%) ‘PROPOSED ANSWER: ‘Yes, Recordo’s property may be foreclosed to poy the belence of the loan since he bound hin- sell "individually ond collectively” to pay Edvar- do's ablgation to XYZ. In oiner words, Recoros's bigation is sclary. The note also waived notice ‘ond demand by the creditor.BARGE A FORTHE PAST 10 YEARS ¢) Does Recardo have basis under the Civil Code for Claiming that the original contract was novatee? (2%) PROPOSED ANSWER: No, Recarde cannot claim that there wat a novation of the original contract. Novation os fule must be exoress ond unequivocol and! in ‘care of implied novation, t must be shown that there is complete incompatiolty between the ‘ld abiigation and the new obligation. The fact that the bank may have applied the rentals to the loan obligation of Eduardo does not amount toa novation becouse the origina) ferns of the Contract remain the same. The compensation in- voked by the bonk does not amount fo ether Cbiective novation o There was no change in the piincipal object or conditions of the contract, Gnd there war also no tubjective novation oF there wos no subsitution of debiots or suorogo: lion of @ third person fo the rights of the crectr. xvi. Dux leased his house fo Irs for a period of 2 years. At the rate of P25,000,00 monthly, payable ‘annually in advance. The coniract sipuiated that I may be renewed for another 2-year period Upon mutual agreement of the parlies. The con: tract olso granted iris the right of fist refusel to purchase the property at any fime during the lease, if Dux decides fo sell the properly at the 2008 BAR EXAMINATION same price that the property is offered for sale to 4 thd perly. Twenty-three months otter execu- tion of the lease contract, Dux sold the house to his mother for P2 milion. lis claimed that the sale was @ breach of her right frst refusal. Dux said there was no breach because the properly war sold fo his mother who Is nota thi pay. Is flee {an action to rescind the sale and to compel Dux to sell the property to her at the same price. Al femotively, she asked the cour! to extend the lease for enother 2 years on the same lerms. ©) Can iis seek rescission of the sale of the property fo Dux's mother? (3%) PROPOSED ANSWER: Yes. Its moy seek rescission of the sale of the property made by Dux to his mother. The lease Contract contolns a right of fist refusal on the part of irs and when @ lease contract contains © fight of fist refusal, the lesiors under a legal duty fo the lessee not to sell fo anybody ot any price Until aer.he has made an offer to sell to tne later at a certcin price and the lessee has rolled toaccepti The essence of a fight of fist refusal is the identity of terms and conditions which the lessor wil offer fo the lessee os fo ony other buyer ond | 's immateriol that the land was sold 10 Dux's matner (Tanay Recreation v. Fausto, GR. No. 140182. April 12, 2008). Any sale mode by the ies. Sorin violation of the lessee's ght of fret refuseBARGE A FOR THEPAST 10 YEARS \whila valid is rascissble ot the Insicnee of the ler- see for being done in fraud of cxesitors (Parana. que Kings v5. Court of Appeais, GR. No, 111538 February 26, 1997; Guzman Bocaling v. Banvievie, GR. No. 86150 Merch 2, 1992) 'b) Will the alternative prayer for extension of the lease prosper? (27%) PROPOSED ANSWER: No, the altemative prayer for renewal of the lease will not prosper because the court cannot make the contract for the partias, is duty sii ted only 10 an interpretation of what they hove forged fsetween them. Furthermore, fo ask fer on extension of the lease would be Inconsistent with ine remedy of rescission af the sale because by ‘king for rescission, is isn fect invoking 3 Vole: tion of her right of fist refusal to uy the property ‘and to ask that the laase be renewed would not be consistent with her prover to be alowed 10 buy the propery, xv Felipe borrowed $100 trom Gustavo in 1998, when the Phil P-USS exchange rate was P5é-USSI. ‘On Morch 1, 2008, Felipe tendered to Gustavo c cashiers check in the amount of P4,135 in poy- iment of his USS100 debt, based on the Phil. P-USS exchange rate a that lime. Gustavo accepted the: check, but forgot fo depost it unfil Sept. 12.2008. His bank refused to accept the check because it had become stale. Gustave now wants Felipe to pay him in cash the amount of PS 600. Claiming {hat the previous payment was not in legal fender, cand that there has been extaordinary deflation since 1998, and therefore, Felipe should pay him the valve of the debt at the time it was incurred. Felipe refused to pay him again, claiming thai Gustavo is estopped ftom raising the five of legel fender, having accepted the check in Merch, and that i! was Gustave's negligence in not deposiing the check immediately that caused the check 0 become stale, ©) Can Gustavo now raise the issue that the cothier’s check is nat legal tender? (2%) PROPOSED ANSWER: No, Gustavo cannot belatedly raise the issue that the check is not iegal fencier, The principle of ‘estoppel rendess an el, adrnision, oF represen. tation conclusive upon the person making ft end i connot be denied or disproved against the ‘per son relying thereon (Aricle 1431), By accepting the check as c means of payment without ony Protest of objection, Gustavo is estopped fom Cloiming that tis not a valid mode of payment. ) Can Felipe validly reluse to pay Gustavo ‘again? (2%) PROPOSED ANSWER: Felipe may refuse to pay again but must re- Isve the cneck. While Iris tue that payment bymeans of « check con ne longer be questioned by Gustove, the mere delivery thereof does not ‘amount to payment. The delivery of promissory oles payable to order of bill of exchenge of ‘other mercantile documents shall produce the effect of payment only when ihey have been cashed or when through the faull ef the ereditor they have been impaired [article 1249 por. (2, Givi Code). The mere fact thot Gustavo forge! 10 deposit the check does not mean that Is value i impaired unless the delay is unreasonable which will discharge the simple contract for ooyment of {sum of money. ©) Can Felipe compel Gustave to receive Us$100 instead? PROPOSED ANSWER: Felipe may instsod compel Gustavo to ac- cept $109.00. Payment of debls in meney shall be made in the currency stiaulated ana fits not ossible fo deliver such curency. then in cutren- cy which is legal tender in the Philippines, since the locn abtcined by Feline was in US dollar, there appears 19 be no vald reason for Gustovo Not to accept payment in the some curency, The law also cilows payment of @ sum of money fo be madiein currency other than Philippine cur- rency [Republic Act No. 8183} xv AB Corp. entered info @ contract with xY Corp. whereby the former agreed fo construct the research and laboratory facilities of the later Under the ferms of the contract, AB Corp. agreed fo complete the facilty in 18 months, of the total coniract price of F10 million. XY Corp. pale 50% of the total contract price, the Balance to be aid upon completion of the work The work started Immediately, but AB Corp. later expe- Fienced work slippage because of labour unrest iin his company. AB Corp.'s employees claimed that they are not being paid on time: hence, the ‘otk slowdown. As of the 17h month, work was only 45% completed. AB Corp. asked for exten sion of fime, claiming that is labour problems is case of fortuitous event, but this was denied by XY Corp. When It became certain that the cons- truction could not be finished on time, XY Corp, sent wiitien notice cancelling the conhact, and requiring AB Corp. to immediately vacate the premises, ©) Can the labour unrest be considered « fortuitous event? (1%) PROPOSED ANSWER: No, the labor unrest connot be considered o us event. A forfultous event Is on event ‘connot be foreseen or which though fore- seen Is Inevitable. By fling to pay its workers on fime, AB Corp. could have anticipated that a leBARGE AFORTHE PAST 10 YEARS bor dispute would ikely arise in the company tana it should have taken sieps fo prevent it from taking place. To be considered fortuitous: 1) the event must rol have bean foreseen or rust be Inevitable; 2} t must be independent of the will of the debtor: 3) it must be of such nature as to Tender impostibia the fulfilment ef the obigotion ina normal menner: 4| the debtor must be tree from eny paricipation in the aggravation af the injury (Mondragon Leisure ana! Resorts Corpora- fion v, Court of Appeals, G.R, No. 154188, 15, 2008), Thase recuistes ore absolutely wanting in the care at oor. ) Can XY Corp. unilaterely and immediately cancel the contract? (2%) PROPOSED ANSWER: Yes, XY Comeration can Immediately and Uunilaieraly cancel the contract becouse the po- wer to rescing obligations is implied in reciprocal nes in case one of the obigers does not comply with what is incumbent upon him. (Article 1191, Givi Code]. The party who believes itself injured fy the substantial breach committed By the ‘other cannot just stand by and watch his dama- (925 aoccumuiste. The other party against whom the rescission was exercised may question before the covris the propriety of tne rescission mace by the other (University of the Philippines vs. de ios Angeles, 25 SCRA 102} 2008 BAR EXAMINATION ¢) Must AB Corp. return the 50% down pay- ment? (272) PROPOSED ANSWER: No, AB Corp. 's sill enfilec to be compen. sated for actual work accomplished because iit will be required fo retum the full down poyment Cespite is Roving accompished about 45% of the work, XY Corp, would be unjustly enriched ot the expense of AB. However. XY Cor, may claim camages by recson of the delay incurred by AB. XIX. Julie offered to sell her house and lot, toge- ther with ail the furnilure and appliances therein, fo Dehima. Before agreeing to purchase the pro- erty, Dehime went to the Register of Deeds to verify Julie's fille. She discovered that while the Property was registered in Jullet’s nome under the Land Registration Act, as amended by the Property Registration Decree, it was morigaged to Elaine to secure @ debt of P80,000. Wanting to buy the property, Dehima told Juliet to redeem, the property form Eline, and gave her an oc- vance payment fo be used for purposes of re- leasing the mortgage on the properly. When the morlgage was released, Juliet execuled c Deed of Absolute Sole over the properly which was duly registered with Registry of Deeds, and a new TCT was issued in Dehime's name, Dehima imme: lately took possession over the house and lotBARGE A FORTHE PAST 10 YEARS ‘and the movables therein. Thereafter, Dehimo went fo the Astessor's Office to get a new fax decloration under her name. She was surprised to find cut that the property was already declared for tax purposes In the name of XYZ Bank which hhad foreclosed the mortgage on the property belore it was sold to her. XYZ Bank wos also the purchaser in the foreclosure sale of the property. At that time, the property was sfll unregistered but XYZ Bank registered the SHERIFF'S Dood of Conveyance in the day book of the Register of Deeds under Act. 3344 and oblained o tax dec- laration in iis name. 6) Was Dehima a purchaser in good faith? en) PROPOSED ANSWER: Yes, Dehime is considered @ puchaser in 00d faith because before purchasing tne pro- ily, she dil her due cligence by vertying ie's ile with the Regiter of Deeds. A pure ‘chaser in good faiths one wha is not aware that there iso flaw or defect in his file or mode of ‘cequistion. In fact, Dehima went beyond the Cerificate of tiie by verifying whether there are: ‘existing lens or encumbrances thereon, b) Who cs between Dehima and XYZ Bank hhas a better ight fo the house and lot? (2%) PROPOSED ANSWER: Dehima hos a betfer right to the house and lot. The bank's cequisiion ef the properly which was then unregistered by virtue of o foreciosure sole and recorded under Act 3344 cannel pre. yoil over Dehima's registered sole under the Tor fens system. Under Act No. 3844, resistration of insruments affecting unregistered lands is ‘with- Out prejudice fo a third party with a better fight. (Radioweaitn Finance v, Polleo, G.R. No. 63432 May 20, 1991 ) Who owns the movables inside the house? 2%) Dehima owns the movables inside the nouse because os clearly stated in the facts, he offer made by Julel which Dehima accepted was to sell her house ond lot together with all the op- pliences therein. The contact, thus, peviected between the porties was 0 contract of sole of the house and lot and oll the movables therein Hence, upon accepicnce of the offer made by. Julet cnd the execution of the deed and subse- quent delivery of the house and le! to Dehima, she acquired ownership thereof including ail Ihe movabies therein,2009 BAR EXAMINATION PART 1 TRUE or FALSE. Answer TRUE If the statement Is fre, of FAISE if the statement is false. Explain ‘your answer In not more than two (2) sentences. 6 ‘The dockine of "processual presumption” al- lows the court of the forum to presume that the foreign law applicable to the case is the scme as the focol or domestic law. PROPOSED ANSWER True. Whare © foreign law is not pleaded or even f pleaded, Is nal proved as @ faci, the presumption is that foreign law is the same cs omesic law, Inrezerva roncal, ollreservataros (reservees) Inherit as a class and in equal shares regardless of thelr proximity in degree to the preposis. PROPOSED ANSWER False, Under the law, not all eservatarios wil Inherit os « class and in equal shoves, The nulgs on rezerva troneol merely determine the croup of re lative who wil qually os reservataries. but ‘among themselves, the law on iniesiote succes shall gover, For instance, the direct descen- Ging line excludes the ascending; drect line ex cludes the collateral, end reserve apples only to the leaitimate family. ‘An oral partnership is vali PROPOSED ANSWER: Tive, Lew and jtisorudence both support the perinetship, as a consensual contract, though not in wating, is volld, uniessimmoversie propery or 2 reel fight, is contributed therela in whieh cose it ‘must Be in a public instument, otherwise, itis void [Asticie 1771. 1773, Ci Code| An oral promise of guaranty i valid and binding. PROPOSED ANSWER: True. The volley of an orel contract of guaran- ty should be distinguished from iis entorceabitty Even on ofal contract is sill binding upon the: Patties. However, belng a special promise to newer for the debt, defoul, or miscarioge of nother, ine Statute of Frauds requies Ito be in wating to be enforceable [Avice 1403, pa. (2) ‘A dead child can be legitimated. ‘PROPOSED ANSWER: Tue. The law provides thet lesitmation of chidren who died Betore the celebration of the mariege wil benef ineir descendon's (Article 18), Family Code). i can be gleaned that the law does no! require the child fo stil be alive atthe time of the morioge of his/her parents be- fore legitimation may take place. Dr, Loper, « 70-year old widower, and his son Roberto both died in a fire that guited thelr home while they were sleeping In their air-conditioned rooms. Roberto's wite, Merlyn, and thelr two chil dren were spared because they were in the pro- Vince at the time. Dr. loper lefl an estate worth P20M and a le Insuranee policy in the amount of PIM with his three children --- one of whom le Roberto --- as beneficiaries, Marilyn Is now claiming for herself and her cchiéren her husband's share in the estate loft by Dr, Lopez, and her husband's share in the pro- ceeds of Dr. Loper's fe Insurance policy. Rule on the validity of Marliyn’s claims with reasons. (472) PROPOSED ANSWER: 4s to Dr, Lopez’ estate: Mariyn’s claim of her husband's shara in the estate ieft by Or. Lopes is ‘without merit. if there is « doubt, as between two cr more pesont whe ate called fo succeed each other, as to which of them died fist, who: ever alleges the death of one prior to the other shell prove the some and in the absence of proof, it shall be presumed that persons died ct the same fime, ana there shall be no transmission ff rights ftom one fo the other [Article 43, Civ Code}. There being ne evidence to prave oF to 2009 BAR EXAMINATION ‘sho among them cled fis, Dr. Lopez eng his son Roberto ore presumed fo have died at the same ‘ime. Roberto inherited nothing from his {other which he could ass fo his wife Marlyn. However Roberto’s children may inherit tam Dr. Loper by fight of representation ond shail receive 1/8 share of his estate. AS fo the proceeds of the insurance on the Fe of Dr. Lopez: Morin i eniiied To @ share in the: proceeds of the insurance. This & so because the presumptions on suvivorship under the Rues of Court snaf apply. Under said mules, when two per sons persh in the some colamity, such os wreck battle, oF centfagration, and itis not shown who died fil, ond there are no pariculer ceumstan- ‘ces from which itcan be inferted, the survivors I determined fom the probabilities resuting rom ihe strength and the age ol tha sexes. Dr. Lopes whe, was cteady 70 yeors old is presumed to have died head of his son Roberio wno is younger. There- fore, Robert's right as beneficiary became vested Gt the ‘ime of Dr. Lopez’ deain which become (Bar of the former's estate, which estate shol pass fen fo his surviving heirs, namely his wile, Mery fond his chien In December 2000, Michael and Anna, after biaining @ valid mamiage license, went fo the OF- fice of the Mayor of Urbano, Bulacan, to get ‘maried. The Mayor was not here, but the Mayer'ssecretary a:ked Michael and Anne and their wit: nesses fo fil up and sign the required mariage con- tract forms, The secretary then fold them to wa ‘and went ott fo look for the Mayor who was at- fending a wedding in « neighboring municipal. When the secretary cough! up with the Mayor ct the wedding teceplion, she showed him the mariage conract forms and told him that the Couple and their witnesses were waiting In his fice. the Mayor forth signed all the copies of the mariage contract, gave them to the secretory who retuned fo the Mayor's office. She then gave ‘copies of the marriage contract fo the partes, and fold Michael and Anna thot they were already mariied. Thereafter, the couple lived together os husband and wife, and hd three sons. Is the mariage of Michael and Anna valid, voidable, or void? Explain your answer. (37) PROPOSED ANSWER: The mariage is void. One of the femal requit sites under the Famly Code is c mariage cere- many. Moreover, the some law requires the con- sent of the porles fo be freely glven in the pre sence of the solemnizing officer. n ths cose, there wes no ceremony conducted, The mayor merely signed the papers wilhaut the presence of the ‘contracting partes, Michael and Anna. Therefore. the manage is void for otal absence of a formal requisite. (Moro v. People of the Philppines, GR. No, 145226 February 06, 2004} 2009 BAR EXAMINATION Whet Is the status of the three children of Micheel ond Anna? Explain your answer. (2%) PROPOSED ANSWER: The three chien of Michael end Anne are Tlegitmate, having been bomn outside of c vol wedlock as provided under Anicle 145 of the Fa: miy Cade which states that chilehen conceived fond botn oukide @ vale mariage are ilegit= mote, unless otherwise provided in iis Code. ‘what property regime governs the properties ‘acquired by the couple? Explain. (27) PROPOSED ANSWER ‘On the assumption that the parties ore not su fering rom any impediment fo marty each other, the property regime that wil gover them shal the special co-ownership under Artie 147 of the Forily Code. the law recognizes thi special type of co-ownership when & men and & woman who ate capaciated to mary each other live excl Sively with each other as husband and wif, wit out the benefit of marriage or under @ void mor age. Since the marrage between ‘he partes Is void for fotal absence of a formal requisite, the Union shell be governed by Article 147, v Hory married Wilma, @ very wealthy woman, Borely five (6) years into the marriage, Wiima fell In love with Joseph. Thus, Wilma wen! to a small county In Europe, became a naturalized etizenBARGE A FORTHE PAST 10 YEARS of thal county, divorced Hary, and married Joseph. A year thereatter, Wilma and Joseph re- juined and established permanent residence in ‘the Philippines. Is the divorce obtained by Wilma from Karry recognized in the Philippines? Explain your answer. om) PROPOSED ANSWER: Yes, the divorce obtcined by Wime from omy is recognized os valid in the Philippines pro- vided that the appropriate petition fer recogni tion of the fareign judgment is fled. Inc case de- cided by the Supreme Cour, a former lipo be- ‘came @ noiwalzed citizen of a foreign county one thereatier obtained civerce against the Fi ino spouse, such clvorce is recognized under Philippine law (Republic v. Orbecico, (427 SCRA 114 [2005}). In the instanl case, Wilma was a ready a noturalzed citzen of a foreign country when she ebtained the divorce decree in accor dance with her national law. Therefore, the di vyoree Ie considered valid in the Philppines be- cause the nationality principle cpplies only to Fi pino citizens. It Homy hires you as his lawyer, what legal recourse would you advise him to take? Why? (27) PROPOSED ANSWER: | will advise Hany to fle ¢ petition for the re cognition of the foreign divorce deciée obtained by Wima. He may fie a peiltion for decloroioyy relief and move therein that WWime was ne longer @ Flipine citizen at the time she secured ihe Givorce and present evidence of the law of the foreign county on divorce and jutsection of the court which issued the divorce. | will ako advise him to iquidate thetr properies Harry tells you that he has fallen in love with tonether woman, Elizabeth, and wants to mary her because, after al, Wilma Is already married to Joseph. Con Hamy legally many Elizabeth? Ex- plein. (2%) ‘PROPOSED ANSWER: Yes, he con momy Elzabeth. However, Horry needs fe have the foreign jucament recognized. Aricle 25 of the Family Code gives the Flipine spouse the capacity fo remany if]@ divorce is va- faly obtained abroad by the alien spouse which opacitates the latter fo remany, In Oroecido, the: Supreme Court held thot the Fllpino spouse Given the copoctty to temany even it # was not Gn ofiginally mixed mariage becouse Orbecide's wile was no longer Filpino at the lime she Cbtoined the divorce dectes. in the givan prob: lem, Wime obtained diverce from Hany when the former was aready foreigner. Therefore, Hary can validly mary Elzabeth,BARQBA FORTHE PAST 10 YEARS v Four childten, namely: Alberto, Baldomero, Caridad, and Dioscoro, ware born to the spouses Conrade ond Clarita de la Costa. The children's birth cerlficates were duly signed by Conredo. showing them to be the couple's legitimate chien, Later, one Ediberto de la Cruz executed a no- farial document acknowledging Alberto and Bol- domero a: his llegtimate chidren with Clara, Edilberto died leaving substantial properties, in the setflement of his estate, Alberto and Baldemero intervened claiming shares as the deceased's fle ltimate chileren. The legiimate family of Edlber- fo opposed the ciaim, Are Alberto and Beléomero entiied fo share inthe estate of Ediberto? Explain. (472) PROPOSED ANSWER: No, Alberto and Baldomero are not entitled to any share of Edliberia's estate. The law cons ders chicren bom during a vaid manage as le- gitimete (article 164, Family Code). Alberto ond Baidomero were bom during the morage of their mother Clarita to Conrado andi as such, the ‘aw considers them:as the legitimate chicren of the spouses. Only the husband Conrado may successtuly impugn the legitimacy at ine child or cchicren born To Fis wife jaricie 166, 170, Fomily Code}. The facts show that Conrado did not impugn the legitimacy of Alberio and Boldo- 2009 BAR EXAMINATION mero, Hence, they continue to be the legitmate children of Conrece end Clarita notwitnstanding the execution of notarsl document by Ediibero. Ediiberlo cannot impugn the leailimacy of alber to and! aldomero os he isnot the legal husband Of Ciatita, There being no fiction between Al bberio and Baidomero as against Edibero, hey have no right fo inherit rom the later, [De Jesus \. Estate of Juan Dizon, G.R, No, 142877, 2 Octo: ber 2001) w On December 1, 2000, Dr. Juanito Fuentes execuled a holograptic wil, wherein he gave nothing to his recognized illegitimate son, Joy. Dr. Fuentes left for the United States, passed the New York medical licensure examinations, resided therein, ond became @ naturalized American citizen, He died in New York in 2007. The laws of New York do not recognize holographic wills or compulsory hel Can the holographic wil of Dr. Fuentes be ‘admiited fo probate in the Philippines? Why or why not? (350) PROPOSED ANSWER: Yes, the holographic will of Dr. Fuentes can be admitied to probate in the Philppines, The law states that, the wil of an alien abroad produ: ces effect in the Philippines itis executed In ac- cordance with tne formelties prescrioed the lawBAR Q&A FORTHE PAST 10 YEARS in which he resides, or accorcing to the format fies observed in his county of in accordance with Phiippine low, or the law of he place where the wil wos executed [Article 816, Article 17, Civi Code). it isnot otherwise contrary to our public, policy. In this prablem, Dr. Fuentes executed the Folographic wil in the Philippines. thus, Phiippine law shall apply in determining whether the forma- ities preseribed by law were complied with. Since Philpine law recognizes the vaiicity of hologra- phie wil Dr. Fuentes’ wil moy be cdritied to probate. ‘Assuming that the wil Is probated in the Phi lippines, can Jay validly insist that he be given his legitime? Why or why not? (372) PROPOSED ANSWER: No, Jay cannat validly insst thot he be given his legiime. The national aw of the fesiator de- tetrrines who his rightful heis ate, in wha! order they succeed to the dececent, as well os how much share they ore eniiied fe receive from i Bitate of he deceased, Gnd whether they are Copceilated to succeed rom the decedent [Acticle 14, article 1039, Civ Code). In the instant ‘cate, Dr. Fuentes was o citizen of New York at the time of his death thus. the laws of New York Getecnine who ofe eniled to succeed to his estate, Based on the focts, the national law of the decedent does not recognize compulsory heirs, thus, Jay may not insist on the delivery of is 2009 BAR EXAMINATION legiime because Philippine law does not apply fo tha succestion fo the estate of the cilzen of © foreign country. (Belis v. Bells, G.R. No. |-236478, 6 June 1967) vu Ramen Mayoman died intestate, leaving net estate of P10,000,000.00. Determine how much teach heir wil receive trom the estate: I Ramon Is survived by his wife, three ful blood brothers, two halt-brothers, and one ne- phew (the son of deceased full-blood brother)? Explain. (372) PROPOSED ANSWER: Under the law of intestate succession, if the spouse concurs with brothers and! sisters of the Geceased, oll of them shall inhert from the latter article 995 & 1001, Civil Code) in this case, t ‘wile shall receive one-half of te estate whie the siblings of Ramon, including his nephew willinhe- fit the other holt. His halF-blood brothers wil re ceive one-half of whal the fullblood brother gels. The division of tne estate shall be os follows Ramon's wile shall receive one-halt of his eslate or the amount of P5,000,000,00; His three fukblood brothers will receive 1,000,000.00 each His nephew, by right of representation of his deceoted ful-biood brother, shal receive F1,000, (000.00; endBARGL A FORTHE PAST 10 YEARS The two haltbrothers shell each receive 500,000.0 if Ramon is survived by his wile. « half-sister, and three nephews (sons of a deceased full blood brother)? Explain. (3%) PROPOSED ANSWER: The division of the estate shall be as folows: Ramon's wife shall receive one-half of his eslate or P5,000,000.00;, His three nephews, representing Ramon's predeceased fullbload brother shall be entitled fo 2/8 of P5:0000,000,00 (the other half of the stale) bosed on the ule that a ful-blood Brother or sister gets double the shate of a hat blood sibing of the deceased [Avlicte 1006. Civil Code}. The three nephews who inherit by right of fepresentation shall feceWve P7,11,111.10 each: ond Ramon's half-sister shall eceive 1,666 666.60. vi Jude owned a building which he had leased to several tenants. Without informing his tenants, Jude sold the building fo lidefonso, Thereafter, the later noffed all the tenants that he Is the new owner of the building, Ildefonso ordered the fenants to vacate the premises within thirty (30) days from notice beccuse he had other plans for £2009 BAR EXAMINATION the building, The fenents refused to vacate, inss- {ing that they will only do so when the term of their lease shall have expiced. Is lidefonso bound to respect the lease contracis between Jude ond his tenants? Explain your answer. (3%) PROPOSED ANSWER: Yes, lidefonso is Bound to respect the lease contracts belween Jude and his fenonis. As o ‘ule, contracts shal fake effect only between the Dorles, ther assigns, of theirneis, except in case fuhere the righis ond obligations arising from the nirec! eve not fransmissible by ther nature, or by stipulation of by provision of law (articie 1317, Givi Code}. While lidefonso Is not 2 patty fo the Contrael, he merely steps into the shoes cf his transferor and his octual knowledge of tne exis ‘ence of the leate puts him on notice that the fe- ronis have an existing contrectual right in the property he purchased. Thus. he cannot be con sidered on innocent purchaser for valve. Al- fhough the facts are sient as fo whether the jaose coniract was registered and ennotated on the file of the property, Idefonso, being not an innocent purchaser for Value ls bound to respect the contract * Before migrating te Canada in 1992, the spouses Teodoro and Anita enfusted all their legal papers and documents to thelr nephew.BAR QE A FORTHE PAST 10 YEARS Ally, Tan. Taking advantage of the situaiion, Aly. Jan forged a deed of sale, making It appear that he had bough! the couple's property in Quezon City. In 2000, he succeeded in obtcining @ TCT ‘over the property in his name. Subsequently. Ally: Tan sold the same property fo Luls, who bul an. ‘uta repair shop on the property. In 2004, Luis registered the deed of conveyance, and file ver the property was transfered in his name. In 2008, the spouses Teodoro and Anita ‘came fo the Philippines for a visit and discovered what hed happened to their property. They immediately hire you as lawyer. What action or ‘actions will you Insitute In order to vindicate their fights? Explain fully. (4%) PROPOSED ANSWER: In view of tne good faith of the buyer Luis. no ‘action can be token by the spouses Teodoro and ‘Arita against him since ot the ime of the pur ‘chase, tne tite hes aiteady been ttansterred in the nome of Ally, Ton, Luis had the right to rely ‘on what Is written on the cerificate of ile in the ‘orence of any citcumsionce which would incite his suspicion as fo the defect in the Tile of the tronsfercr. Thus, a5 lawyer for the spouses, | will aavise Agtta and Teodoro that they con proceed ‘gins! aity. Tan end fie civ criminal, ond ce ministrative cases agcinst him for his fraualvlent deed. A civ ection for recovery of damages 2009 BAR EXAMINATION moy be filed to enable the spovies to recover not only the valve of thet land but ato damages agains! Aly. Tan, | will oko advise my clients 19 Inflate o criminal ection for fergary or falsification ‘against aity. Tan and if they may be minded to, they may siso institute o complaint for disoar- ment agsinst him belore the Supreme Court for he imposition of appropriate disciplinary scnc- tions for violoton of hs cath as a lawyer and the Code of Professioncl Responsibly, x Rommel's private car, while being diiven by the regular forily driver, Amado, hils a pedes- frian causing the latter's death. Rommel Is not in the car when the incident happened. Is Rommel lable for damages to the heits of the deceased? Explain. (2%) ‘PROPOSED ANSWER: Yes, Rommel may be held liable for dame- {925 10 the he's of the deceased, Since Ramme: ‘was notin the car when the accident haape- ned, the provsions of Arficle 2180 in telation to ticle 2176 of the Civil Code shall oppiy (arfcle 2784). The basis of Remmel’s labilty Is a quas- Gelicl which presumes thal os the employer of ‘Amado, the lciter’s negligence is attbutoble to Rommel in the absence of proot that Rommel exercised the diligence of 0 good father of the famiy in the selection andi supervision of his emBAR GH A FORTHE Past 10 YEARS ployee. Rommel’ loblity for the quast-celict committed by hs diver is rect and primary. In the event that Amado wos sued criminally by the hes of the victim and is found gully, Rommel’ Iabilty is only subsidiary in that he would only be: liable fo the heirs of the victim if the convicted fiver cannot satisfy the elvi liability aciuciged! in ine criminal case, Would your answer be the same if Rommel ‘was in the car at fhe time of the accident? Ex: plain. (2%) PROPOSED ANSWER: Yes, my answer wil sill be the same. The ‘ow states that in motor vehicle mishaps. the owner I solidorly fable wih his chiver, Ife war inside the vehicle at the time of the incident and it he could have orevented the accidant by the use 6f due dligence in supervising his river, Hows fever, In this situation, i is Fcumben! upon the victim to prove that the owner could have prevented the mishap but he failed fo do so. (article 2184) PARTI xt TRUE or FALSE. Answer TRUE Ifthe statement is fue, or FALSE if the statement is false. Explain Yyour answer In not more than lwo (2) sentences. (5%) 2009 BAR EXAMINATION A clause in an arbitttion contact granting fone of the parlies the power to choose more arbitrators than the other renders the arbikation contract void, PROPOSED ANSWER: Tiue. The CWll Code provides that, any clouse ‘giving one of the pores the power 10 choose: ‘More arbiters than the other Is void and has no. effect. (Aricte 2045, Civil Code}, It there is no martiage seltiement, the solary of a "spouse" in an adulterous marriage belongs fo the conjugal partnership of gains. PROPOSED ANSWER: False. The solory of a spouse in on adulterous mortiage shall belong to the exising conugal rtnershio of gains, er the absolute community of such mariied parson with his or her lawful spouse. The Fomiy Code provides that the pro: Petty relations between persons who are noi capocitated to mony each other shall be co. ownership where the shore af each perty wauie depend on whether he oF she had actual mae terial contrfbution in money, properly, or incusry. Ione of he parties is maried, his or her shore th the co-ownesship shall accrue to the absolue community of conjugal porinership in exit such valid mariage, (Article 148, Family CoatBAR GA FORTHE PAST 10 YEARS Acquisive prescription of a negative ease- ment runs trom the time the owner of the domi nant estate forbids, in @ noterized document, the ‘owner of the servient estate from executing an {ct which would be lawful without the easement. PROPOSED ANSWER: True. The law states that the reckoning point for the computation of the fan yaar preserve period in negative éoserents shall be from the day on which the owner of the dominant estate forbade, by an Instrument acknowledged before Ginolary public, the owner of the servient estate. from executing an act which would be lawful without the easement (Article 621, Civil Code), ‘The renunciation by a co-owner of his unciv ded share in the co-owned property In eu of the Performance of his obligation to contibute to faxes and expentes for the preervation of the properly constitutes dacion en page, PROPOSED ANSWER: rus. 8y dation in payment, property is alienated io the creditor in satistaction of a debt In money [Arlicle 1245, Civil Code). A co-owner is ‘obliged fe pay money os his share in the expen- ses Gnd faxes on the property owned in com mon, By renouncing so much of his undivided shore in the property in lieu of paying money to his co-owners to cover exoenses for preservation ‘and taxes, the renauneer in eifect alienating Mis 2009 208 EXAMINATION property fo his co-owners in satisfaction of his money obligation. (Aricle 488, Civil Code) ‘A person can dispose of his corpse through enact inte: vives, PROPOSED ANSWER False, An act inter vives means it takes effect uring the Iileime or the person. Thus, o person cannot dispose of his corpse which & to take ef fect curing his lifetime because before his death, there fs no corpse to speak of. x Emmanuel and Morgerita, American citizens ‘ond employees of the US. State Department. got ‘married in the African state of Kenya where ster- iy fs @ ground for annulment of mariage. There- ‘after, the spouses were assigned to the US. Em. ‘assy in Manila, On the firs! year of the spouses four of duty in the Philippines, Margerita fled an annulment case against Emmanvel before a Philippine cour on the ground of her husband's sterlity ct the time of the celebration of the mat- fiage. Will the suit prosper? Explain your answer (em) PROPOSED ANSWER: No, the suit wil not prosper. The court should ‘eluse to assume Jutsciction on the ground of fo-2AR A FORTHE PAST 10 YEARS rum non conveniens.-Under the rule of forum non’ ‘conveniens, @ Phifppine cour or agency may sume jurisdiction over the case itt chooses to do s0 provided: (1) that the Philopine court is one to which the parties may conveniently resor fo: (2) that the Philippine cout isin @ position to make an infeligent decsion as to the law and the fects: fond {3} thot the Philippine court has ori likely to have power fo enforce iis decision. The conaifons ‘re unaveling in the case of bar (Moni Hotel Corporation ¥, National Labor Relations Commis: sion, GR. No, 120077 October 13, 2000). ! must be noted that both pariies ore not citizens of the Philippines ond neither ore they domiciled in the Philippines. The suf they fled ls one fo: annilment of their mariage wrich islikewse not governed by Philippine iow. Assuming that the Philppine court decides to ‘ossume jutslction over the ease, the sult will not prosper because being both Americon nationals, their moniage, ond ifs consequences os wall as iis dissolution shall be governed by their national law and ne! by the law of Kenya which Marge: ha is invoking as @ ground for annulment of her mattiage. Hence, in the absence of proof as to the grounds for annument under US. low, i is presumed to 5e no different From the law of the: forum. Since sterity is not @ ground for annulment Uundler Philppine lew. the sulf shall not prosper Assume Emmanuel and Margarita are both Filipinos. Affer thelr wedding in Kenya, they come. back and fake up residence in the Philippines. Can their mariage be annulled on the ground of Emmanuel'ssterilty? Explain (3%) PROPOSED ANSWER: No, the mariage cannot be annulled be- ‘couse the Philippine law does not proviee sierity {98 one of the grounds for anniuiment of mariage [Asticle 45, Family Code]. While the formal valcity bf their marriage shall be govemed by the lav of Kenya as the place where wos celebrated, the incidents of mariage os well os is termination or ssolution’ shall be governed by Philispine law. Since sterility is ot one of the grounds for annul ment of marioge under Phiippine law, the rar fioge of Emmonuel end Margarita cannot be ‘ennulied, xi Rafael, @ weelthy bachelor, fed a peltion for the adoption of Dolly, a one-year old founding who had a severe heart ailment, During the pen. deney of the adoption proceedings, Rafael died of natural causes. The Office ofthe Solicitor Gene- Fal fles a motion to dismiss the pelition on the sground thal the case can no longer proceed be~ ‘couse of the petiioner's death Should the case be dismissed? Explain, (2%) PROPOSED ANSWER: No, the cose should not be dismissed provi- ded that no opposition hes been fied and the:BARS ATOR THE PAST 10 YEARS ‘evidence os fo Ratael’s qualification os wall os the trial custody report have already Been sub- milied befere Ratoel's demise and the cose is giecdy submitted for resolution. In which cose, the courl may gront the petition despite Rafcals Cemise. Othewise. ihe proceedings, upon his eath should be cismissed [Section 18, Republic ‘Act 8552), Wit your answer be the same if it was Dolly who died during the pendency of the adoption proceedings? Explain. (2%) PROPOSED ANSWE! It is the adoptee who cles during the pen: dency of the proceecings, the peiilion should be dismissec. Death of ine prospective adopiee ter- minates the proceedings as adoption '§ for the best interest of the adoptees ond this purpose: would no lenger exis if the latter dies during the pendency af the proceedings. Furhhermore, Sec fion 13 of the Domestic Adoption Act allow the continuation of the proceedings, even it the ‘adopter dies before the isuance of the daciee of ‘adoption to protect the interes! of the acoptee. xv Rodolfo, martied to Sharon, hed an ilcit foffair with his secretary, Nanette, @ 19-year old git, and begot o baby git, Rona. Nanette sued Rodolfo for damages: acival, for hospital and other medical expentes in delivering the child by ‘caesarean section: morel, claiming that Rodolfo promised fo marry her, representing that he was single when, In fact, he was not: and exemplary. foteach a lesson folke-minded Lotharios. If you were the judge, would you award ail the claims of Nanette? Explain, (372) PROPOSED ANSWER: IF1 were the judge, | will rant the prayer for actual damages in the form of medical expenses which ore properly substanticied by receipts. At the llegitimets forher of Rana, Rodolfo |s obliged to shoulder the medical exoenses incurred by Nanette in giving birth to Rona (Hermostima +. Cour of Appeais, G.R. No. {-14628 September 30, 360 On the issue of moral damages, | will nol front the claim of Nonette fer moral damages Uniess it is shown that Rodolfo was guily of Seduction (Arle 2719. Civil Cade), Since the facts clearly state that the offar was ict, and Nonetfe was actually working for Rodolfo, she could not have been uncwore of the latter's status. Per se, breach of promise fo mary is nol ‘on actionable wrong {Wassmer v. Velez, G. No. (20069, December 26,1964), except if there isan tec! independent of the breach of the promise which would wanant the award of other de moger.BARE A FORTHE PAST 10 YEARS In view of Nanette's non-entitiement to moral damages, | wil also refuse fo grant exemplary damages. Exemplary damages cannot be rece Yered a: & matter oF ‘ight, ine court wil decide whether or not they should be adjudicated (article 2233, Civ Code}, Suppose Rodolfo Ialer on acknowledges Rona and gives her regular support, can he com- pel her to Use his surname? Why of why not? (276) ‘PROPOSED ANSWER: No, Rodolfo cannat compat Rona 10 use his sumame, The law does not confer upon him said {ight simply because he is supporiing the child or has acknowledged hee. Tho law provides that the tlegitimate chitd shall use the sumame of the mother but the child may use the surname of the. father when the latter hos recognized him, [Re- pubic Act No. 9255). Ergo, since the choice be- longs to the child, Redelio cannot compel Rana When Rona reaches seven (7) years old, she tells Rodolfo that she prefers fo live with him, because he Is better off financially than Nanette, It Rodolfo files an aetion for the custody of Rona, alleging that he is Rona’s choice as custodial po. rent, wil the court grant Redolfo's petition? Why orwiny not? (2%) PROPOSED ANSWER: No, the court should not grant the petition Avicle 176 of the Family Coda gives sole parental suthorly of an legtimale chid to the mother The father's recognition of his liegltimole chid may be a good ground ‘0 order him to support the child But not #9 owars him eustoay over tne: child (Briones v. Miguel. G.R, No. 154343 October 18, 2004). Absent cny compeling reasons to prove thai Nanette is unit os & mather, Rodotfo’s Pelilion must be denies. xv. Sarah had @ deposit In a savings account wth Flipino Universal Bank In the omount of five millon pesos (P5,000,000.00). To buy @ new cor, she obtained a loan from the tame bank in the ‘amount of P1,200,000.00, payable in twelve mon- {hiy instalments, Sarah issued in favor of the bank. post-dated checks, each in the amount of P100.. (000.09, fo: cover the twelve monthly instaliment payments. On the third, foudh, and fifth months, the corresponding checks bounced. The bonk then declared the whole obligation due, and proceeded fo deduct the amount of ‘one milion pesos (P7,000,000.00) from Sarah's eposit after notice to her thal this is @ form of compensation allowed by law. Is the bank cor- rect? Explain. (4%)BARE A FORTHE PAST 10 YEARS PROPOSED ANSWIER: No, the bank was not comect in deducting the full amount of P,000,000.00 in Sarah's depo. sh, Compensation a: mode of extinguishment of fan obligation requires that 1) path parties must be mutually editors and debtors to each other ‘and be bound principally: 2} thai both debis must consist in sum of money ort consumable, of the some kind or quality: 3) that neither debt Is held by any tetenion or controversy com- menced by third persons, nd communiested in due time fo the debtor; 3} thai the debts are allowed by law: 4) that both debts be dus at the: same time; and §| that both debts be liquidated and demancable. Bonk deposi is G contract of locn whereby the depositor is the creditor and the bank is {ne debtor. in the given problem, since Sarch is a66 a debtor with respect to her cr loan, both are principal debtors and creditors Cf each other, thus, the fs! requisite I present, Both obligations are due, demandable, and lguidated but only up to tne extent of F300, 009, 00 covering the unpaid ‘hia, fourth, and fifth monthly instalments, The facts de not state that the contract between the parties contains on ‘acceleration cicuse, thus, the bonk should not hhave considered the full mount of balance on the car loan due and demandable. A most the ‘bank can only cecuct the amount of P300,060.00 ‘fom Sorch’s deaasit coresponding to the tree. months cmoxtization she faled fo pay by way of compensation. xv Marciano Is the owner of @ parcel of land through which a river funs out info the sea. The: land had been brought under the Torrens System, cond Is cultivated by Ulpiono and his family os farmworkers therein, Over the years, the fiver has brought sit and seciment from ts sources up in the mountains and forests so that giedually the land ‘owned by Marciano Increased in area by three. hectares, Uipiane bull thvee huts on this adaitional ‘rea, where he and his two manied children lve. (On this same area, Ulpiano and his family planted Peanuls, monggo beans and vegetables. Uipiane ‘also regularly paid faxes on the land, as shown by fox declarations for over thily years When Marciano leamed of the increase in the size of the land. he ordered Ulpiane to do. molish the huts, and demanded that he be paid his shore in the proceeds of the horvest. Marcia- no claims that under the Civil Code, the alluvium belongs fo him as ¢ registered riparian owner 10 whose land the accrefion attaches, and thal his right Is enforceable against the whole world ls Marciano conect? Explain. (37) PROPOSED ANSWER: Yes, Marcicno is corréct, The low states that fo the owners of the lands adjoining the banks ef ihe rvers Belong the aceretion which they ca ually receive from the effects of the curent afBARA FOR THE PAST 10 YEARS the waters." (Aficle 457, Cll Code]. This right i enforceable cgainst the whole world, in this ase, although Marciono’s land is registered un.

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