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REVIEW NOTES
CIVIL LAW When the couple’s relationship soured, Carmen
filed for declaration of nullity of marriage before
the Makati RTC. Wolfgang moved to dismiss the
RONEY JONE P. GANDEZA case on the basis that he had already obtained a
Professor, University of the Cordilleras divorce decree from a German court dissolving
Gov. Pack Road, Baguio City their marriage and awarding the custody of the
Unit 10 2ND Floor BBCCC Bldg. children to him. The RTC granted the motion.
No. 56 Assumption Road, Baguio City
gandezalaw@yahoo.com
Undaunted, Carmen moved to partially
reconsider the dismissal order with a prayer that
the case should proceed to determine the issue of
QUESTION NO. 1 custody of the children. Judgment for whom?
Abe gave Bea an engagement ring. Shortly before Judgment for Carmen. Divorce decrees obtained by
their wedding, Abe was killed in a car accident. foreigners in other countries are recognized in our
Abe’s estate brought an action to recover the ring. jurisdiction. But the legal effects of such decrees
How would a court rule? must still be determined by our courts. Before our
courts can give the effect of res judicata to a foreign
I qualify my answer. judgment, it must be shown that the parties to the
judgment had been given ample opportunity to do so.
If Abe gave the ring to Bea in consideration of their Here, it cannot be said that Carmen was given the
marriage, the gift is similar to a donation propter opportunity to challenge the judgment of the German
nuptias which may be revoked for non-celebration of court. The RTC should therefore set the case for trial
the marriage. (Art. 86(1), Family Code.) The action to determine the issue of parental custody, care,
to recover the ring prevails. support and education of the children. (Roehr v.
Rodriguez, G.R. No. 142820, June 20, 2003)
If Abe gave the ring to Bea because of his love for
her, the ring may be recovered if its value exceeds
Php5,000. This is so because of the rule that if the
QUESTION NO. 4
value of the movable donated exceeds Php5,000, the
Shintaro, a Japanese national, married Maria, a
donation as well as the acceptance must be in writing
Filipina, in Manila. The marriage did not sit well
to be valid. (Art. 748, Civil Code) Here, there is no
with Shintaro’s parents. As a result, Shintaro
showing that Abe gave the ring to Bea in writing. The
could not bring Maria to Japan where he resides.
action to recover the ring also prevails.
The couple eventually lost contact with each other.
If the value of the ring does not exceed Php5,000, the
Three years later, Maria met another Japanese,
donation and the acceptance need not be in writing to
Taniguchi. Without the first marriage having been
be valid. Under Article 748 of the Civil Code, an oral
dissolved, Maria and Taniguchi were married in
donation of this kind is valid if there is simultaneous
Quezon City. Taniguchi brought Maria to Japan,
delivery. The action to recover the ring fails.
but their relationship did not last. Maria left
QUESTION NO. 2 Taniguchi and reestablished a relationship with
Shintaro.
Abe received a handwritten letter from his mother Shintaro helped Maria obtain a judgment from a
(Lolita) in which she expressed a desire to give her family court in Japan which declared the
expensive ring to Abe’s wife as a token of her love. marriage between Maria and Taniguchi void on
When Lolita died, Abe’s wife immediately claims the ground of bigamy. Shintaro then filed with the
the ring. Will she prevail? Manila RTC a petition for “Judicial Recognition
of Foreign Judgment or Decree of Absolute
No. Every will must convey clearly the intention of
Nullity of Marriage.”
the testator to dispose of his property after his death.
(Art. 783, Civil Code) Here, Lolita’s letter is merely a. Is the Rule on Declaration of Absolute Nullity of
an expression of an intention to make a gift mortis Void Marriages and Annulment of Voidable
causa and, as the wishes Lolita had not been carried Marriages (A.M. No. 02-11-10-SC) applicable to
out in a will during her lifetime, the letter would have Shintaro’s petition?
no legal effect upon the distribution of her estate.
No. The Rule on Declaration of Absolute Nullity of
Lolita’s letter does not even have the effect of a valid Void Marriages and Annulment of Voidable
donation inter vivos because there is no showing that Marriages (A.M. No. 02-11-10-SC) does not apply in
the donation was accepted by the donee during the a petition to recognize a foreign judgment relating to
donor’s lifetime; neither is there any showing that the the status of a marriage where one of the parties to
donor during her lifetime came to know of the the marriage is a citizen of a foreign country. The
acceptance. (Art. 748, Civil Code) rule in A.M. 02-11-10-SC that only the husband or
the wife can file a declaration of nullity or annulment
QUESTION NO. 3 of marriage “does not apply if the reason behind the
Wolfgang, a German national, married Carmen, a petition is bigamy.”
Filipina, in Germany. Out of their marriage were
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b. Does Shintaro have the legal standing to file the Php10,000 if he fails to comply with his obligation.
petition to recognize a foreign judgment nullifying Before Abe could start painting Rey’s house, he
the subsequent marriage on the ground of learns that Ben wanted his services for a higher
bigamy? amount. Abe now goes to Rey and tells him that he
will not be able to paint his house. He offers to pay
Yes. The recognition of the foreign divorce decree Rey the penalty of Php10,000. Is Abe allowed to
may be made in a Rule 108 proceeding itself, as the pay the penalty?
object of special proceedings (such as that in Rule
108 of the Rules of Court) is precisely to establish the Yes, but only if Abe had expressly reserved the right.
status or right of a party or a particular fact. There is Article 1227 of the Civil Code provides that the
no doubt that as the prior spouse, Shintaro has a debtor cannot exempt himself from the performance
personal and material interest in maintaining the of the obligation by paying the penalty, unless the
integrity of the marriage he contracted with Maria right has been expressly reserved for him.
and the property relations arising from it. (Fujiki v.
Marinay, G.R. No. 196049, June 26, 2013) QUESTION NO. 8
Rey properly executes a notarial will. Assume the
QUESTION NO. 5 following clauses in his will and the following
events. Discuss each situation and the legal effects
Abe sold to Ben a condominium unit in Baguio of the events on the testamentary provisions.
City. At the behest of Ben, the sale agreement
made it appear that Abe sold the property to a) Rey’s will states, “I leave my white Mitsubishi
Connie, Ben’s daughter. When Abe died, his other Montero with Plate No. AFB 346 to Abe.” At the
children immediately brought an action against time of Rey’s death, Abe has already died, leaving
Connie to recover ownership of the condominium his son, Zandro.
unit. They claim that Connie is merely holding the
property as a trustee of their father. Will the The legacy to Abe is voided by the fact that Abe
action prosper? predeceased Rey. As a result, the property
bequeathed to Abe devolves to Rey’s heirs in
Yes, but only to the extent of the hereditary rights of intestacy. Zandro has no right to the property because
Abe’s other children to preserve their rights to their a voluntary heir who dies before the testator transmits
respective legitimes. Connie, on the other hand, is nothing to his heirs. (par. 1, Art. 856, Civil Code)
entitled to retain her own share as Abe’s heir. The
b) Rey’s will states, “I leave to Abe my white
action will prosper because there is a presumed
Mitsubishi Montero with Plate No. AFB 346.” Just
donation in favor of Connie under Article 1448 of the
before his death, Rey sold the Montero.
Civil Code. Under this provision, if the person to
whom the title is conveyed is a child of the one The sale of the property constitutes a revocation of
paying the price of the sale, no trust is implied by the legacy. The law grants Rey the right to revoke
law, it being disputably presumed that there is a gift because of the ambulatory character of a will. Abe
in favor of the child. has no right to question the sale because the right of
an instituted heir, legatee, or devisee to the
QUESTION NO. 6 inheritance is merely inchoate. (Art. 777, Civil Code)
Amy donated to Ben a property on condition that
Ben will build on it a day care center within two
QUESTION NO. 9
years. Five years later, Amy, with notice to Ben, Bruno, an Austrian, married Belinda, a Filipina,
sold the property to Conrad. At this time, Ben has in Cebu City. During their marriage, Bruno
not yet built a day care center on the property. Is acquired properties in Cebu and Davao with the
the sale a revocation of the donation? money he inherited from his parents. Bruno died
last week survived by Belinda, two legitimate
No. A formal action in court to revoke the donation children (Bea and Carol), and an illegitimate child
must be filed by the donor under Article 764 of the (Dina). Suppose Austrian law does not allow an
Civil Code which speaks of an action that has a illegitimate child to inherit, is Dina allowed to
prescriptive period of four years from non- inherit from Bruno’s estate under Philippine law?
compliance with the condition stated in the donation.
No. Dina’s capacity to inherit from her father is
The rule that there can be automatic revocation determined not by Philippine law where the
without the benefit of a court action does not apply in properties are situated, but by Austrian law under
this case because the donation is devoid of any which illegitimate children are not allowed to inherit.
provision providing for automatic revocation if there
is non-compliance with the stipulated condition. QUESTION NO. 10
QUESTION NO. 7 When he was still a bachelor, Abe properly
executed a will naming his mother as sole heir to
Abe agrees to paint Rey’s house in a month. They an estate valued at Php1 million. A few years
also agree that Abe will pay a penalty of later, Abe marries Bea. If Abe dies while married
Page 2 of 58
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to Bea and without changing his will, would Abe’s deprived of it. Possession of a movable, even if
entire estate go to his mother? acquired in good faith, is not equivalent to title when
the true owner had lost it or had been unlawfully
No. Article 889 of the Civil Code says that the deprived of it, unless the possessor had acquired it in
legitime of legitimate parents consists of one-half of good faith at a public sale. (Art. 559, Civil Code)
the hereditary estates of their children and
descendants. Under Article 893, if the testator leaves Here, Larry’s acquisition of the set was not at a
no legitimate descendants, but leaves legitimate public sale. His possession of the set, even if acquired
ascendants, the surviving spouse has a right to one- in good faith, is never equivalent to title
fourth of the hereditary estate which is to be taken
from the free portion. Applying these provisions, b. Rey takes his television set for repair to Abe
Abe’s mother is entitled to a legitime of Php500,000, who sells new and used television sets. By
while Bea is entitled to a legitime of Php250,000 accident, one of Abe’s employees sells the set to
which is to be taken from the free portion. The Larry, an innocent purchaser for value, who takes
remainder of the estate (Php250,000) constitutes the possession. Rey wants his set back from Larry.
disposable portion which goes to Abe’s mother as Rey can no longer recover the set, even if he offers
instituted heir. reimbursement. An owner of a movable who had lost
it or had been unlawfully deprived of it can no longer
QUESTION NO. 11 recover the movable even with reimbursement if the
Abe, Ben, and Carl co-own a parcel of land. Abe possessor had acquired the property in good faith by
sells his share to Dave. A few months later, Ben purchase from a merchant’s stores, or in fairs, or
sells his share to Eric. markets in accordance with the Code of Commerce.
Since Larry acquired the set from a merchant’s store,
a. Is Dave entitled to redeem Ben’s share? his possession of the set amounts to a valid title.
Yes, because the right of legal redemption is not
limited to the original co-owners. What matters is
QUESTION NO. 13
that Dave was already a co-owner when another co- Amy married Ben in 2007. Amy is an actress and
owner (Ben) sold his undivided share. Ben a businessman. In 2014, Amy figured that,
even before their marriage Ben and his family
b. Suppose Ben has donated his share to Eric, may were notoriously involved in a networking scam.
Carl and Dave redeem Ben’s share? This fact was not disclosed to her at the time of the
marriage. Amy feels cheated and thinks that this
No. The right of legal redemption may be exercised
can affect her public image. Does she have a
only if the share of a co-owner is alienated to a third
remedy?
person by onerous title. (Art. 1620, Civil Code)
Because Ben’s conveyance to Eric was not by Amy has no remedy because Ben’s concealment of
onerous title but by gratuitous title, Carl and Dave are his involvement in a networking scam does not
not entitled to redeem. constitute fraud that would annul the marriage. To
c. Suppose Ben sold his share to Dave, may Carl annul a marriage on the ground of fraud, only the
redeem? circumstances enumerated under Article 46 of the
Family Code constitute fraud. No other
No. The right of legal redemption may be exercised
misrepresentation or deceit as to character, rank,
only if the share of a co-owner is alienated to a third
fortune or chastity will constitute such fraud as will
person by onerous title. This right of legal
give grounds for the annulment of marriage. Ben’s
redemption is not available here because the buyer is
involvement in a scam, although concealed, may
himself a co-owner. The reason behind the right of
constitute misrepresentation as to his character, but
legal redemption among co-owners is to reduce the
which would not annul the marriage.
number of co-owners and avoid the entry of strangers
into the co-ownership. If the alienation is in favor of
a co-owner, the number of co-owners is already
QUESTION NO. 14
reduced and no stranger has entered the co- SM Prime Holdings engaged Ben, a contractor,
ownership. for the repainting of all SM malls nationwide. The
contract expressly provided that Ben would use
QUESTION NO. 12 only “paint manufactured and supplied by Boysen
In the following situations, two parties lay claim to Paints.” Ben used another paint brand. May
the same goods sold. Discuss which of the parties Boysen Paints sue Ben for damages?
would prevail in each situation.
No. Boysen Paints was named in the contract merely
a. Abe steals Rey’s television set and sells it to as an incidental beneficiary. If a contract should
Larry, an innocent purchaser for value. Rey contain some stipulation in favor of a third person, he
learns Larry has the set and demands its return. may demand its fulfilment if he communicated his
acceptance to the obligor before its revocation. A
Rey is entitled to the return of the set even without mere incidental benefit or interest of a person is not
reimbursement because he had been unlawfully sufficient. The contracting parties must have clearly
Page 3 of 58
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b. Can Ana and Brad file the petition jointly? regardless of its nature, existing at the time of the
marriage and concealed by such party, constitutes
No. Under the Domestic Adoption Act, aliens are fraud that would annul a marriage. Here, Abe
qualified to adopt Filipino children only if a) they are contracted the venereal disease only during the
former Filipino citizens who seek to adopt their marriage. Therefore, Bea cannot use it as a ground
relatives within the fourth degree of consanguinity; b) for annulment.
they seek to adopt the legitimate or illegitimate
children of their Filipino spouses; and c) they are QUESTION NO. 25
married to Filipino citizens and seek to adopt jointly
with their spouses a relative within the fourth civil Tito devised half of a parcel of land to Ana, and
degree of consanguinity or affinity of their Filipino the other half to Ben, on condition that “upon
spouses. Ben’s death, whether before or after that of Tito,
the half portion devised to Ben shall be delivered
Here, the child to be adopted is not a relative of Ana to Ana or her heirs should Ben die before Tito.”
within the fourth degree of consanguinity. Neither is Upon Tito’s death, Ben immediately demanded
the child the legitimate or illegitimate child of Ana. partition of the property. Ana refused because
Therefore, Brad, being an alien, is not qualified to according to her, Ben is only a second heir. Is Ana
adopt the child. While Ana is qualified to adopt, correct?
Brad is not. Even if Ana is qualified, she still cannot
file the petition without being joined by her husband. Ana is wrong. A fideicommissary substitution has no
effect unless it is made expressly. The clause under
QUESTION NO. 23 consideration -- upon Ben’s death, whether before or
after that of Tito, the half portion devised to Ben shall
Abe, owner of an antique shop, asked his friend, be delivered to Ana or her heirs should Ben die
Rey, to mind the store while he went to a local before Tito -- is not a valid fideicommissary
mall to mail a package. While Abe was gone, substitution. The clause establishes only a simple
Tessie came into the store and purchased a rare substitution, the necessary result of which is that Ben,
painting for a very low price. When Abe returned, upon the death of Tito, became the owner of an
Rey told him about the sale. Abe immediately undivided half of the property. Being a co-owner of
brings action against Tessie for the return of the the property, Ben can rightfully demand its partition.
painting and claims that Rey did not have
authority to make the sale. Can Abe recover the QUESTION NO. 26
painting?
Mr. and Mrs. Cruz, a wealthy couple, offered a
No. Abe can no longer recover the painting because reward of Php2 million in a newspaper to the
he is estopped from denying Rey’s authority. Agency person or persons furnishing information
by estoppel arises when the principal (Abe) resulting in the arrest and conviction of the person
intentionally or by want of ordinary care causes a or persons guilty of the murder of their son.
third person (Tessie) to believe another (Rey) to be Shortly after the advertisement, the police
his agent who is not really employed by him. arrested a suspect. The police learned that the
suspect was the boyfriend of a daughter of Ana
When Abe placed Rey in charge of the store, Tessie who suggested the location at which the suspect
had the right to assume that Rey was the agent of was later found and arrested. The suspect was
Abe. Rey had apparent authority, because he charged and convicted. Ana tried to claim the
appeared to be the agent and Abe, the principal, is reward money, arguing that the information she
estopped from denying the agency, even if none gave to the police led to the arrest and conviction
existed. (Art. 1883, Civil Code) of the murderer. When Ana gave the information
to the police, however, she had not known about
the reward. Is Ana entitled to the reward?
cock be declared the rightful winner. The judge Rey’s acceptance results in a perfected contract
immediately dismisses the case because he knew of notwithstanding Abe’s death. When an offeror
no law governing cockfights. He also orders the promises to hold an offer open for a specified period,
return of Rey’s bet. Abe appeals. Who prevails? and the offeree pays for the promise, an option
contract is created. An option contract is a separate
Abe prevails. In Chu Jan v. Bernas, 34 Phil. 631, the contract that takes away the offeror’s power to
Supreme Court reversed the lower court’s order of revoke the offer for the period of time specified in the
dismissal and remanded the case to the lower court. option. The death or incompetence of the offeror does
A judge should not refrain from rendering a judgment not terminate an option contract -- unless the
just because there is no law that governs a particular offeror’s personal performance is essential to the
case. In the absence of a law or principle of law, the fulfillment of the contract. Consequently, Rey can
rules of fair play must be applied. (Sec. of Justice v. still exercise the option against Abe’s estate, since
Lantion, 322 SCRA 160 [2000] When a provision of Abe is not required to perform the act of conveying
law is silent or ambiguous, judges ought to invoke a the van to Rey.
solution responsive to the vehement urge of
conscience. (Amatan v. Aujero, 248 SCRA 511) QUESTION NO. 30
QUESTION NO. 28 Abe owns a residential land worth Php500,000.
Unknown to Abe, Ben built a house valued at Php
Tom died in 2005 leaving a holographic will. The 100,000 on Abe’s property. Answer the following
will contains insertions and cancellations which questions on the premise that Ben is a builder in
are not authenticated by his signature. For this good faith and Abe is a landowner in good faith.
reason, the probate of the will is opposed by
Tom’s relatives who stood to inherit intestate from a. May Abe acquire Ben’s house?
him. May Tom’s will be probated? Yes. Abe may acquire Ben’s house by indemnifying
Yes, the will as originally written may be probated. Ben of his necessary and useful expenses in building
The insertions and alterations are void because they the house. Article 448 of the Civil Code provides that
were not authenticated by Tom’s full signature under the owner of the land on which anything has been
Article 814 of the Civil Code. The original will built, sown or planted in good faith, has the right to
remains valid because a holographic will is not appropriate as his own the works, sowing, or
invalidated by the unauthenticated insertions or planting, after payment of necessary and useful
alterations. (Ajero v. Court of Appeals, 236 SCRA 468) expenses as provided in Article 546 of the Civil
Code.
QUESTION NO. 29
b. May Abe require Ben to buy the land?
Abe has a van for sale. He offers to sell the van to
Rey for Php300,000. Discuss the legal effect of the No. Article 448 of the Civil Code says that the owner
following events on the offer. of the land on which anything has been built in good
faith has the right to oblige the one who built to pay
a. Abe dies before Rey’s acceptance, and at the the price of the land if its value is not considerably
time Rey accepts, he is unaware of Abe’s death. greater than that of the building, Here, the value of
the land which is Php500,000 is obviously
Abe’s death terminates the offer. An offeree’s power
considerably greater than the value of the house
of acceptance is terminated when the offeror or
which is Php100,000.
offeree dies or is deprived of legal capacity to enter
into the proposed contract. An offer is personal to c. If Ben voluntarily buys the land as desired by
both parties and cannot pass to the decedent’s heirs, Abe, under what circumstance may Abe have the
assigns or successors-in-interest. This rule applies house removed?
whether or not the other party had notice of the death
or incapacity of the other party. If Ben agrees to buy land but fails to pay, Abe can
have the house removed. (Depra vs. Dumlao, 136
b. The night before Rey accepts, fire destroys the SCRA 475)
vehicle.
d. In what situation may a “forced lease” arise
Abe’s offer is terminated. Abe need not even tell Rey between Abe and Ben?
about the loss of the van for the offer to terminate.
An offer is automatically terminated if the subject Article 448 of the Civil Code states that the builder
matter of the offer is destroyed before the offer is cannot be obliged to buy the land if its value is
accepted. considerably greater than that of the building. In such
case, he must pay reasonable rent, if the owner of the
c. Rey pays Php10,000 for a thirty-day option to land does not choose to appropriate the building
purchase the van. During this period, Abe dies, after proper indemnity. The parties must agree upon
and later Rey accepts the offer, knowing of Abe’s the terms of the lease and, in case of disagreement,
death. the court must fix the terms
Page 7 of 58
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QUESTION NO. 34
QUESTION NO. 31
A ten-year old boy shot a girl with an air gun
Abe, a Filipino naturalized American, now a resulting in her death. The court acquitted the boy
resident of New York, comes back to the in the criminal case for having acted without
Philippines as a balikbayan. He is arrested at the discernment. The girl’s parents filed for damages
NAIA in possession of a caliber .38 Smith and against the boy’s parents. How would a court
Wesson. Charged with illegal possession of rule?
firearms, he moves to quash the criminal The court would hold the boy’s parents liable. Their
complaint based on his constitutional right as a liability is made natural as a logical consequence of
New Yorker to bear arms. Decide. the duties and responsibilities of parents exercising
parental authority which includes controlling,
Motion denied. The crime was committed within our disciplining and instructing their children.
territorial jurisdiction and is therefore punishable
here. Under the principle of generality, no one is In this jurisdiction, the liability of parents is vested
exempt from our penal laws, except those who enjoy by law which assumes that when minor children
diplomatic immunity under international law. (Art. living with their parent commit a tortuous act, the
14, Civil Code; Art. 2 Revised Penal Code; see also parents are presumed negligent in the performance of
3rd par., Art. 17, Civil Code) their duty to supervise the children under their
custody. (Tamargo vs. CA, 209 SCRA 519)
QUESTION NO. 32
QUESTION NO. 35
Abe and Amy are married in Baguio City. Abe
goes to Hongkong and marries Bea, a Filipina A grade 6 teacher assigned Ana and Bea to weed
domestic helper. After a month of connubial bliss the grass in the school yard. Ana found a plastic
in the Crown Colony, Abe goes to Singapore and headband with an earthworm and tossed it to Bea
marries Connie, a Filipina “house manager.” hitting Bea in her right eye resulting in the loss of
After two months with Connie, Abe goes to Brunei the eye. Are Ana’s parents liable?
where he marries Annie, a Filipina GRO. After
three months of connubial bliss in Brunei, Abe No. It was not shown that the parents could have
heads for home sweet home. May Abe be prevented the damage as their child was in school and
prosecuted for bigamy in the Philippines at the they have the right to expect their child to be under
instance of his first wife, Amy? the care and supervision of their teacher. Besides, the
No, because Abe did not commit any crime in act was an innocent prank and usual among children
Philippine territory. (Art. 14, Civil Code) Bigamy is at play and which no parent could have any special
committed by entering into a subsequent marriage. reason to anticipate much less guard against.
The first marriage, which was entered into in the (Cuadra vs .Monfort, 35 SCRA 160)
Philippines, is not bigamous. The subsequent
marriages, which are bigamous marriages, were all QUESTION NO. 36
entered into abroad, or outside Philippine territory, Abe sold his lot to Ben for Php1 million payable in
and therefore beyond our criminal jurisdiction. five equal annual installments. After registration
of the sale, the Register of Deeds issued a
QUESTION NO. 33 certificate of title in Ben's name. When Ben failed
Amy and Bea, Filipinos, both women, enter into a to pay the last two installments, Abe filed an
same-sex marriage in the United States, where action for collection of sum of money. Upon filing
such a marriage is valid. Is the marriage also valid his complaint, Abe tried to cause the annotation of
here? a notice lis pendens on Ben's title. Is this proper?
The general rule enunciated in the first paragraph of The notice lis pendens is improper because the case
Article 26 of the Family Code should apply, under filed by Abe against Ben is one for collection of sum
which marriages valid where celebrated are also valid of money. Annotation of a lis pendens can only be
here. The case does not fit into any of the exceptions done in cases for recovery of possession or of
enunciated in the foregoing provision of Article 26 of ownership of real property, or to quiet title or to
the Family Code. Therefore, same sex marriage is remove cloud on it, or for partition or any other
valid here if valid where celebrated. proceeding affecting title to the land or its use or
occupation. The action filed by Abe does not fall
However, it would seem that the case falls under one under any of these cases.
of the exceptions to the application of the proper
foreign law, i.e., it runs counter to an important QUESTION NO. 37
public policy of the forum -- that a marriage should
be between a man and a woman. Because of this
Page 8 of 58
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ABC Co. insured Pedro’s house for Php1 million. No, because there is no legislation allowing such
As stated in the policy, ABC Co. undertakes, upon practice. It would in effect require the Philippine
total loss, to either pay the insured value of the government not only to recognize, but also to
house, or rebuild it, upon proof of total loss. If enforce, a foreign judgment which is penal in nature.
during the life of the policy the insured property is (Opinion of the Sec. of Justice No. 142, s. 1992)
completely destroyed, may Pedro insist that ABC
Co. rebuild his house rather than being paid its QUESTION NO. 42
insured value?
When may a divorce decree validly obtained in a
No, because in alternative obligations, the right of foreign country be recognized in the Philippines?
choice is given to the debtor, unless it has been
expressly granted to the creditor. (par. 1, Art 1200, A divorce obtained abroad by an alien may be
Civil Code) In the absence of an agreement in the recognized in our jurisdiction if the decree of divorce
insurance policy giving the right of choice to the is valid according to the national law of the foreigner.
insured, the general rule applies, and therefore, the However, the divorce decree and the governing
insurer may choose which of the two prestations to national law of the alien spouse who obtained the
perform, the performance of one being sufficient. divorce must be proved. Our courts do not take
judicial notice of foreign laws and judgments. Like
QUESTION NO. 39 any other facts, both the divorce decree and the
national law of the alien spouse must be alleged and
For damage or injuries arising out of negligence in proved according to our law on evidence. (Garcia v.
the operation of a motor vehicle, what is the Recio, G.R. No. 138322, October 2, 2001)
nature of the liability of the registered owner?
QUESTION NO. 43
The registered owner may be held civilly liable with
the negligent driver either subsidiarily or solidarily. Tom died in 1990 with a will. In his will, he
devised a house and lot to Abe, as his first heir
The owner may be held subsidiarily liable if the and to Abe’s son, Ben, as hi5 second heir. Ben died
aggrieved party seeks relief based on a delict or crime in 1995 survived by his two children (Eric and
under Articles 100 and 103 of the Revised Penal Fidel). Abe in turn died in 2000 survived by his
Code. two children (Chito and Dante).
On the other hand, the owner may held solidarily if In the settlement of Abe’s estate, Eric and Fidel
the complainant seeks relief based on a quasi-delict (Ben’s heirs) sought to exclude the house and lot
under Articles 2176 and 2180 of the Civil Code. originating from Tom on grounds that they are
the exclusive owners of the property. Chito and
N
( OTE: It is the option of the plaintiff whether to Dante opposed the motion on grounds that Ben,
waive completely the filing of the civil action, or the second heir, predeceased Abe, and that
institute it with the criminal action, or file it therefore, the fideicommissary substitution did
separately or independently of a criminal action. His not produce any effect as far as Ben, the second
only limitation is that he cannot recover damages heir, is concerned. Who prevails?
twice for the same act or omission of the defendant)
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Eric and Fidel, Ben’s heirs, prevail. Ben, the second ownership in the name of one co-owner is not a
heir, acquires a right to the succession from the time repudiation of the co-ownership for purposes of
of the testator’s death, even though he, Ben, should prescription. (Ceniza v. Court of Appeals, 181 SCRA
die before the first heir. Ben inherited from Tom as 552 [1990]) Under Article 494 (5) of the Civil Code,
second heir when the latter died in 1990. When Ben no prescription shall run in favor of a co-owner or co-
died in 1995, he transmitted his right as second heir heir so long as he expressly or impliedly recognizes
to his own heirs, Eric and Fidel, such that when Abe the co-ownership. The registration by John of the
(first heir) died in 2000, the right of Eric and Fidel community property in his name merely created a
over the property became absolute. trust in favor of his co-owners.
Yes, Ben can properly and successfully invoke the QUESTION NO. 47
same defense of due diligence in the selection and
supervision of his employees because his liability is Abe is convicted by final judgment of a crime.
based on a quasi-delict. Abe’s wife later files an action for legal
separation. Which of the following facts would
c. May Carlito claim moral damages from both most likely have an impact on the case?
vehicle owners?
A. Abe is sentenced to suffer imprisonment for
Yes, Carlito can claim moral damages against Ben, more than six years.
the owner of the cargo truck, because of the injuries B. Abe is convicted of a crime involving moral
he suffered, but as against Abe, Carlito can claim turpitude.
moral damages only if he proves reckless negligence
on the part of the common carrier amounting to C. Abe is convicted of a crime which carries the
fraud. accessory penalty of civil interdiction.
D. Abe is a rescidivist.
d. May Dante’s heirs claim moral damages from
both vehicle owners? (A) would most likely have an impact on the case.
Under Article 55 of the Family Code, a final
The heirs of Dante can claim moral damages against judgment sentencing the respondent spouse to
both vehicle owners because the rules on damages imprisonment of more than six years, even if
arising from death due to a quasi-delict are also pardoned, is a ground for legal separation.
applicable to death of a passenger caused by breach
of contract by a common carrier. (Arts. 1755, 1764, That Abe is convicted of a crime involving moral
2206 and 2219, Civil Code) turpitude as stated in (B) is of no consequence if the
penalty is less than six years.
QUESTION NO. 45 That Abe is sentenced to suffer the accessory penalty
John, Paul, George, and Ringo are co-owners of of civil interdiction as stated in (C) would have an
an unregistered land. Unknown to his co-owners, impact only if the crime to which Pedro is convicted
John registered the land in his name. What is the carries a sentence of more than six years.
effect of the registration of the land in John’s
name? Abe’s rescidivism in (D) has no impact because it is
not one of the grounds for legal separation.
John never acquired ownership of the land.
Registration of a parcel of land subject of co- QUESTION NO. 48
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The DENR issued to Abe in 1975 a free patent the Court of Appeals on the ground that, in rendering
over an agricultural land with an area of 30 judgment thereon, the trial court committed grave
hectares. Abe promptly presented the patent to abuse of discretion amounting to lack of jurisdiction.
the Register of Deeds for registration as a result of From the decision of the Court of Appeals, the
which OCT No. 375 was issued to him. aggrieved party may elevate the matter to the
Supreme Court via a petition for review on certiorari
In 1983, Abe sold the land to Ben on the basis of under Rule 45 of the Rules of Court. (Republic v.
which OCT No. 375 was cancelled and TCT No. Granada, G.R. No. 187512, June 13, 2012)
4576 was issued in Ben’s name. In 1986, the
Director of Lands filed a complaint for annulment QUESTION NO. 50
of OCT No. 375 and TCT No. 4576 on the basis
that Abe obtained his patent through fraud. Ben Abe leased to Rey a building for ten years. Abe
moved to dismiss the case on the ground that he has repeatedly assured Rey that if he should
was an innocent purchaser for value and in good decide to sell the building, he will give Rey the
faith and that he has acquired a title to the right of first refusal.
property which is valid, unassailable and
indefeasible. If you were the judge, will you grant On the sixth year of the lease, Abe informed Rey
the motion to dismiss? that he was willing to sell to Rey the building for
Php5 million. Rey offered to buy the building for
Motion denied. The government can seek annulment Php4.5 million. Abe did not reply. One week later,
of the original and transfer certificates of title and the Rey received a letter from Larry informing him
reversion of the land to the State. Ben's defense is that the building had been sold to him by Abe for
untenable. The protection afforded by the Torrens Php5 million, and that Larry will not renew Rey’s
System to an innocent purchaser for value may be lease when it expires.
invoked only if the land has been titled thru judicial a. Did Abe violate Rey’s right of first refusal?
proceedings where the issue of fraud becomes
academic after the lapse of one year from the No. The lessee’s right of first refusal does not go so
issuance of the decree of registration. In public land far as to give him the power to dictate on the lessor
grants, the action of the government to annul a title the price at which the lessor should sell his property.
fraudulently obtained does not prescribe. The action Upon the facts given, Abe had sufficiently complied
and will not be barred by the transfer of the title to an with his commitment to give Rey a right of first
innocent purchaser for value. refusal when he offered to sell the property to Rey for
Php5 million, which was the same price he got in
selling it to Larry. Abe certainly had the right to treat
Rey’s counter-offer of a lesser amount as a rejection
of his offer to sell at Php5 million. Thus, he was free
QUESTION NO. 49 to find another buyer upon receipt of such counter-
offer.
Abe met Bea at a garments factory where both
were working. After a brief courtship period, the b. Suppose Abe gave Rey an option to purchase
two got married, and lived for a time as husband instead of a right of first refusal, will that make
and wife. When the factory closed down, Bea went any difference in your answer?
to Taiwan to seek employment. That was the last No, the answer will still be the same. An option must
time Abe saw her. Abe recently obtained a court be supported by a consideration separate and distinct
decree declaring Bea presumptively dead. from the purchase price. In this case, there was no
separate consideration. Therefore, the option may be
The Solicitor General disagrees with the ruling withdrawn by Abe at anytime.
arguing that Abe had failed to exert earnest
efforts to locate Bea and that Abe failed to prove c. Is a right of first refusal governed by the Statute
his well-founded belief that Bea was already dead. of Frauds?
The Solicitor General assails the ruling through a
No. A right of first refusal is not among the contracts
Notice of Appeal. Should the appeal be given due
which are required to be in writing under the Statute
course?
of Frauds. The application of Article 1403, paragraph
No. The decision of the court granting Abe’s petition 2(e), of the Civil Code presupposes the existence of a
for declaration of his wife’s presumptive death under perfected contract of sale of real property. A right of
Article 41 of the Family Code is immediately final first refusal need not be written to be enforceable and
and executory upon notice to the parties. (Art. 247, may be proved by oral evidence. (Rosencor
Family Code) The decision is therefore not subject to Development Corporation v. Inquing, 354 SCRA 119
ordinary appeal, and the attempt to question it [2001])
through a Notice of Appeal is unavailing. QUESTION NO. 51
In sum, the losing party in a summary proceeding for Abe agrees to lease to Rey an office space for five
declaration of presumptive death under Article 41 of years at a fixed rent. Before Rey takes possession
the Family Code may file a petition for certiorari with of the premises, Rey learns of a much more
Page 11 of 58
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advantageous opportunity and established his Php7,000 and buys it. The suit needs alteration so
office elsewhere. To force Rey to perform, Abe Abe leaves the suit at the store. Abe is to pick up
brings an action to enforce the agreement. What is the repaired suit at the store on May 10. Consider
Rey’s strongest argument? the following separate sets of circumstances:
The Statute of Frauds is Rey’s strongest argument. a. One of Rey’s major creditors obtains a
To be enforceable, the Statute of Frauds requires judgment on the debt which Rey owes and has the
certain agreements to be reduced into writing and court issue a writ of execution to collect on that
signed by the party to be charged, including judgment all clothing and other apparel in Rey’s
agreements creating an interest in land. Leases for possession. Discuss Abe’s right to the repaired suit
more than one year are therefore generally covered on which the judgment creditor has levied.
by the Statute of Frauds. Since the agreement
Abe is entitled to demand the return of the suit. Upon
between Abe and Rey is for a five-year lease, the
payment of the price and its delivery to him, Abe
Statute of Frauds is Rey’s strongest defense to the
became the owner of the suit. (Art. 1477, Civil Code)
enforcement of the agreement. (Art. 1403, par. 2(e),
While Rey was in possession of the repaired suit at
Civil Code)
the time of the levy, Rey was in possession not as an
owner but in another capacity. The repaired suit
QUESTION NO. 52 therefore is already beyond the reach of Rey’s
Abe is a police officer. He got married twice judgment creditor at the time of the levy.
during his lifetime; the first with Bea, and the
second, with Carol. Upon Abe’s death, Bea and b. On May 9, through no fault of Rey, his clothing
Carol separately filed claims for benefits store is completely burned, and all contents are a
pertaining to Abe from various government total loss. Between Abe and Rey, who suffers the
agencies. Because she received a smaller amount, loss of the suit destroyed by fire? Explain.
Carol brought an action for the return of at least Abe bears the loss of the suit under the res perit
one-half of the amount which Bea received. domino rule, he being its owner. The obligation of
Two important facts came to light during the trial. Rey to return the suit after May 10 is deemed
First, Carol had no knowledge of Abe’s previous extinguished by a fortuitous event. (Art. 1174, Civil
marriage and that she became aware of it only at Code)
the funeral. Second, the prior marriage of Abe to
Bea was solemnized without a marriage license. Is QUESTION NO. 54
Carol entitled to half of Abe’s death benefits? Abe has a severe heart attack and is taken to the
hospital. He is not expected to live, and he knows
The marriage of Abe and Bea is void for lack of a it. Because he is a bachelor without close relatives
valid marriage license. The same is true with respect nearby, Abe gives his car keys to Rey, telling Rey
to the marriage of Abe and Carol for lack of a judicial that he is expected to die and that the car is Rey’s.
decree declaring the first marriage a nullity. Given Abe survives the heart attack, but two months
that the marriages are void, the applicable property later he dies from pneumonia. The administrator
regimes would be governed by Articles 147 and 148 of Abe’s estate wants Rey to return the car. Rey
of the Family Code. refuses, claiming the car was given to him by Abe
Considering that the marriage of Abe and Carol is a as a gift. Discuss whether Rey will be required to
bigamous marriage, having been solemnized during return the car to Abe’s estate.
the subsistence of a previous marriage then presumed Rey is required to return the car to Abe’s estate. The
to be valid, the application of Article 148 is in order. donation is mortis causa, not inter vivos. It is a mortis
The disputed death benefits clearly consists of causa donation because Abe intended it to take effect
benefits from governmental agencies earned by Abe upon his death because of his heart attack. That Abe
as a police officer. Unless Carol presents proof to the died from a cause unrelated to the heart attack does
contrary, it could not be said that she contributed not detract from the fact that Abe’s death is the
money, property or industry in the acquisition of operative cause that would have conveyed ownership
these monetary benefits. Hence, they are not owned of the car to Rey. Since the donation was not
in common by Carol and Abe, but owned by the expressed in accordance with the formalities of wills,
deceased (Abe) alone and Carol has no right the donation is void and Rey never acquired
whatever to claim the same. ownership of the car.
Page 12 of 58
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Registry of Property. Jerry later sells his property interested in buying the cleaner but would have to
to Larry. Is Larry entitled to use the driveway? consult her husband before deciding. Abe offered
to leave the machine with Mrs. Go, saying, “I’ll
Yes, he being the new owner of the dominant estate. leave it here so that you can show it to your
The owner of the dominant estate cannot use the husband. Here is my number. If I don’t hear from
easement except for the benefit of the immovable you by the end of the month, I’ll send you a bill
originally contemplated. Since the law makes no for the machine.” She agreed. A month passed
distinction whether the owner of the dominant estate and Abe’s bill arrived. Is Mrs. Go liable to pay the
be the original owner at the time of the establishment vacuum cleaner?
of the easement, as in the case of Jerry, or a mere
transferee of the dominant estate, as in the case of Yes. By her silence, Mrs. Go accepted Abe’s offer
Larry, then there is no need to distinguish, and this is and would therefore be liable under the agreement
so because the easement is constituted for the benefit discussed with Abe. Both parties had agreed that
of the dominant estate, regardless of its owner. (Art. continued silence would be the manner of
626, Civil Code) acceptance. A contract may be perfected in any
manner sufficient to show a meeting of the offer and
QUESTION NO. 56 the acceptance upon the thing and the cause which
Romeo and Juliet are married. Shortly before are to constitute the contract, including conduct by
their wedding, Romeo donated to Juliet in a both parties manifesting such meeting of their minds.
notarized instrument a parcel of land on condition (Art. 1319, Civil Code)
that should Juliet die before Romeo and there be
no children, half of the property shall be given to QUESTION NO. 59
Juliet’s parents. Nine months after the wedding,
Husband obtains a decree of legal separation
Juliet died without issue. Juliet’s parents now
because of Wife’s infidelity. Is Wife entitled to
claim the half share given to them in the deed of
inherit from Husband?
donation. Will they succeed?
It depends. By intestate succession, she cannot.
No. Insofar as the one-half share is concerned, it
According to Article 63(4) of the Family Code, the
cannot be a valid donation propter nuptias nor a
offending spouse is disqualified from inheriting from
donation inter vivos nor a donation mortis causa.
the innocent spouse by intestate succession.
The donation is not a donation propter nuptias By testate succession, if the husband executed the
because the share was not given to one of the will prior to the decree of legal separation, the wife
spouses. The donation is not a donation inter vivos, cannot inherit from her husband. According to
for there was no acceptance on the part of the parents. Article 63(4) of the Family Code, provisions in favor
The donation is not a donation mortis causa because of the offending spouse made in a will is revoked by
the deed of donation did not have the formalities of a operation of law. However, if the will was executed
will, aside from the fact that the donor, Romeo, is subsequent to the decree of legal separation, the wife
still alive. will then be able to inherit from her husband. In such
a case, there is a tacit or implied pardon. (Art. 1033,
QUESTION NO. 57 Civil Code by analogy)
A friend called Abe by cellular phone from Tarlac
City to say that his car had suffered a tire blow
QUESTION NO. 60
out and that he must have a new tire for his car to Abe and Bea were married in 1992. A few years
get back home to Baguio City. Over the telephone, later, Bea left to work abroad. While on vacation
Abe said to the owner of the car repair shop, in the Philippines in 2003, she found out that her
“Give him the tire and I will pay for it.” Is Abe’s husband had married their neighbor in 2001, and
oral promise enforceable? that her husband had also filed with the Manila
RTC in 2002 a complaint for annulment of their
Yes. Abe’s promise was not one of guaranty, but one marriage under Article 36 of the Family Code.
in which he made himself directly and primarily
responsible for the amount of credit extended. Thus, Aggrieved by her husband’s actions, Bea
Abe made his own contract with the repair shop retaliated by filing with the Makati RTC a
owner, as he was not guaranteeing his friend’s complaint for bigamy.
obligation. Abe’s oral promise is binding on him.
This is not a case of a special promise to answer for While the bigamy case was pending, the Manila
the debt, default or miscarriage of another which the RTC rendered a decision invalidating the
law requisites to be in writing to be enforceable. marriage of Abe and Bea on grounds that Bea was
psychologically incapacitated. This decision has
QUESTION NO. 58 since become final. Should the Makati RTC still
convict Abe of bigamy?
Abe, a door-to-door salesman of vacuum cleaners,
demonstrated one of the latest model cleaners at Yes. When Abe contracted a second marriage in
Mrs. Go’s house. Mrs. Go said that she was 2001, his marriage with Bea was still subsisting. The
Page 13 of 58
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finality of the decision declaring the nullity of his The above distribution is per capita in accordance
first marriage with Abe came about only in 2007 or with the rule that heirs who repudiate their share may
about six years after his second marriage. It is evident not be represented (Art. 977, Civil Code) Because
therefore that Abe committed the crime charged. Basilio and Crispin have repudiated their shares, the
grandchildren will then inherit in their own right
The contention that Abe cannot be charged with being the relatives (in the descending line) next in
bigamy in view of the declaration of nullity of his degree of the decedent.
first marriage is without merit. The Family Code
settled once and for all the conflicting jurisprudence
on the matter. A declaration of absolute nullity of a
QUESTION NO. 63
marriage is now explicitly required either as a cause Mar charters a car from Avis-Rent-A-Car at the
of action or a ground for defense. Where the absolute NAIA. No sooner had he driven the car outside
nullity of a previous marriage is sought to be invoked the airport when, by his negligence, he collides
for purposes of contracting a second marriage, the with a taxi owned and driven by Jong, causing
sole basis acceptable in law for said projected damage to Jong’s taxi. Jong files an action for
marriage to be free from legal infirmity is a final damages against Mar and Avis based on a quasi-
judgment declaring the previous marriage void. delict. Avis defends that the complaint fails to
(Teves v. People, G.R. No. 188775, August 24, 2011) state a cause of action against the company. Is
Avis correct?
QUESTION NO. 61 Yes. Avis is not the employer of Mar so there is no
Abe granted Rey a road right of way. Rey was at right of action against Avis under Article 2180 of the
that time using a cart and a carabao to transport Civil Code. Not being the employer, Avis has no duty
his products from his farm to the market. Ten to supervise Mar. Neither has Avis the duty to
years later, Rey asked for a widening of the observe due diligence in the selection of its clients.
easement as he had resorted to the use of a As lessee of the car, Mar alone is liable to Jong.
jeepney to transport his products. Can Rey
successfully demand a wider easement? QUESTION NO. 64
Yes, because the width of an easement of right of Abe and Rey are business partners in buying,
way shall be that which is sufficient for the needs of developing, and selling real estate. Abe learns
the dominant estate and may, accordingly, be through the firm staff that five hectares of land
changed from time to time. (Art. 651, Civil Code) will soon come on the market and that the staff
The needs of the dominant estate determine the width will recommend that the partnership purchase the
of the passage. (Sta. Maria v. Court of Appeals, 285 land. Abe purchases the property secretly in his
SCRA 351 [1998]) own name. If the partnership discovers these facts
and immediately brings suit, what will the court
QUESTION NO. 62 say?
Abe, a widower, has two children (Basilio and A court will create a constructive trust and declare
Crispin). Basilio in turn has two children (Dante that Abe, as legal owner of the property, holds the
and Eric), and Crispin has one child (Fidel). Abe title to the property in trust for the partnership who,
died without a will with an estate of Php600,000. in equity, is actually entitled to the property.
a. At the time of Abe’s death, Basilio and Crispin A constructive trust may be imposed when a party
have long died. How should Abe’s estate be holding legal title to property stands in a fiduciary
distributed? relation to another resulting in an equitable duty to
convey the property on the ground that he would be
The grandchildren inherit by representation and the
unjustly enriched if he were permitted to retain it.
following distribution would then take place: Dante
and Eric; Php150,000 each, taking Basilio’s share. In the problem presented, Abe stood in a fiduciary
Fidel; Php300,000, taking Crispin’s share. relation to the partnership and would be unjustly
enriched if allowed to retain the property. Because
The above distribution is per stirpes in accordance
Abe secretly purchased the property in his own name
with the rule that grandchildren always inherit by
and for his own benefit, Abe was under an equitable
right of representation, whether they concur with
duty to convey the property to the partnership.
children of the decedent or not. (Arts. 981 and 982,
Civil Code) (NOTE: A constructive trust arises by operation of
law as an equitable remedy that enables plaintiffs to
b. Suppose Basilio and Crispin have renounced
recover property (and sometimes damages) from
their inheritance, how should Abe’s estate be
defendants who would otherwise be unjustly
distributed?
enriched. In other words, when a transaction takes
The grandchildren would inherit in their own right. place in which the person who takes the legal estate
Hence, Dante, Eric, and Fidel will each receive a in property cannot also enjoy the beneficial interest
one-third share, or Php200,000. without violating some established principle of
equity, the court will create a constructive trust. The
Page 14 of 58
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legal owner is declared to be a trustee for the parties principal to terminate the agency at will. Hence, this
who, in equity, are actually entitled to the ownership type of agency is irrevocable.
of the property.)
QUESTION NO. 68
QUESTION NO. 65 Abe owns a residential land in Baguio City. In
Tom named his friend, Fidel, as one of his heirs on need of funds for his wife’s mounting hospital
condition that Fidel should not enter any expenses, he sold the land to Ben last year. But the
gambling casino here or abroad for one year after deed of sale was not registered. This year, Abe
Tom’s death. As an instituted heir, is Fidel again sold the land to Cesar who registered the
immediately entitled to receive the inheritance sale and obtained a transfer certificate of title over
upon Tom‘s death? the property in his name. Who has a better right
over the land, Ben or Cesar?
Yes, but Fidel must give a security to guarantee that
he would not enter any gambling casino for one It depends on whether Cesar is an innocent purchaser
whole year upon Tom’s death. The security is called for value. Under the Torrens System, a deed or
caucion muciana. If Fidel enters any casino during instrument operates only as a contract between the
the prohibited period, he should return whatever he parties and as evidence of authority to the Register of
may have received, together with its fruits and Deeds to make the registration. It is the registration
interest. (Art. 879, Civil Code) of the instrument that operates to convey or affect the
land. (Sec. 51, PD No. 1529).
QUESTION NO. 66 In cases of double sale of registered land, it is a well-
Debtor owes Creditor Php400,000. The debt is the settled rule that the buyer who first registers the sale
subject of a lawsuit, and the court awards in good faith acquires a better right to the land. (Art.
Creditor a judgment of Php400,000. To satisfy the 1544, Civil Code). Persons dealing with registered
judgment, the sheriff levies on Debtor’s family property are not required to go beyond what appears
home in Baguio valued at Php500,000. Debtor on the face of the certificate of title. (Orquiola v. CA
opposes the levy on grounds that his family home 386, SCRA 301, [2002]; Domingo v. Races 401
is exempt from execution. Judgment for whom? SCRA 197, [2003]). Absent any showing that Cesar
knew about, or ought to have known the prior sale of
Judgment for Creditor. Under Article 160 of the the land to Ben or that he acted in bad faith, and
Family Code, if judgment is rendered against the being first to register the sale, Cesar acquired a good
owner of a family home, and the creditor has and a clean title to the property as against Ben.
reasonable ground to believe that the value of the
family home is in excess of Php300,00 (urban land) QUESTION NO. 69
or Php200,000 (rural land), the creditor may apply
Tony died with a will under which he left his
for an order directing the sale of the family home.
estate of Php2 Million to his common-law wife
Here, the value of Debtor’s family home is in excess
(Roshelle) and nothing to his legitimate brother,
of Php300,000 so the same may be sold at public
Ronald, and legitimate half-sister, Mimi.
auction to satisfy the judgment against him. The
foregoing rule applies even if the increase in value of a. Is the disposition of Tony's estate as set out in
Debtor’s family home resulted from improvements his will a valid testamentary disposition?
introduced by Debtor.
Yes, because Tony has no compulsory heirs at the
QUESTION NO. 67 time of his death. (Art. 887, New Civil Code)
Brothers and sisters are not compulsory heirs.
Amy needs Php100,000, so Ben agrees to lend her Therefore, he can give his entire estate to any person
the money. To secure the loan, Amy delivers some who is not otherwise incapacitated to inherit from
of her jewelry to Ben and signs a power of him. A common-law wife is capacitated under the
attorney giving Ben the power, in case she fails to law as Tony was not married to anyone.
repay the loan, to sell the jewelry as her agent for
the best price that can be obtained and to pay out b. Suppose Tony died intestate, will you have the
of the proceeds the unpaid amount of the loan, same answer?
giving any surplus to her. Having obtained the
money, Amy tells Ben that she revokes the power No. I will give Ronald, a full-blood brother of Tony,
to sell. Is Amy’s power to sell revoked? Php8 million from the estate, twice the share of
Mimi, the half-sister, who is entitled to receive Php4
No, because Amy’s agency is coupled with interest million. Roshelle is not entitled to receive anything
and therefore irrevocable. Even if Amy dies, the from the estate because she is not an intestate heir of
power is still not affected. An agency coupled with Tony. (Art. 1006, Civil Code)
an interest is a relationship created for the benefit of
the agent. The agent actually acquires a beneficial c. Suppose Tony died intestate and he was
interest in the subject matter of the agency. Under survived by his brother Ronald, his half-sister,
these circumstances, it is not equitable to permit a
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Mimi, and his legitimate son Jayson, how will you Article 147 of the Family Code presumes that
distribute his estate? property, including the family dwelling, in the
absence of proof to the contrary, were acquired by
Jayson will inherit the entire estate of Php12 million
the parties through their joint efforts and will be
to the exclusion of Tony’s brother and half-sister.
owned by them in equal shares. A party who did not
This follows the principle of proximity under which
participate in the acquisition of property shall still be
the relative nearer in degree exclude the more remote
considered as having contributed thereto jointly if
ones and the principle of preference of lines under
the party’s efforts considered mainly in the
which descendants exclude collateral relatives from
maintenance of the family household.
the inheritance.
The rules set up to govern the liquidation of either the
QUESTION NO. 70 absolute community or the conjugal partnership, the
Seller, in reply to an inquiry from Buyer, sent a property regimes recognized for valid and voidable
letter dated December 8 stating terms upon which marriages, in the latter case until the marriage is
he would sell 100 to 300 computer units of a annulled, are irrelevant to the liquidation of the co-
certain brand at a certain price. On December 16, ownership that existed between Husband and Wife.
Buyer sent a letter to Seller ordering 90 computer The first paragraph of Article 50 of the Family Code,
units on those terms. On December 18, Seller sent applying paragraphs (2), (3), (4) and (5) of Article
a telegram to Buyer rejecting the order. The next 43, relates only to valid and voidable marriages, and
day Buyer sent Seller a telegram stating, “Please exceptionally, to a void marriage under Article 40 of
enter an order for 150 computer units per your the Family Code, i.e., the declaration of nullity of a
letter of December 8.” Seller refused the order, subsequent marriage contracted by a spouse of a prior
and Buyer sued for breach of contract. Judgment void marriage before the latter is judiciary declared
for whom? void. (Valdez v. RTC of Quezon City, 260 SCRA 221
Judgment for Seller. Buyer’s telegram of December [1996])
16, referring to the terms stated in Seller’s letter of
December 8, varied the number of computer units, QUESTION NO. 72
and was therefore a counter-offer. A counter-offer is Distinguish between ordinary and presumptive
a rejection of the original offer. On December 8, the legitimes.
Seller declined to fulfill the Buyer’s order, thus the
negotiations between the two parties was closed. As a Ordinary legitime arises only when a person dies.
result, the Buyer’s attempt to fall back on the Seller’s (Art. 777, Civil Code) The decedent may either be a
original offer by the telegram of December 19, child, parent or spouse, ascendant or descendant. In a
therefore, created no rights against the Seller. presumptive legitime, the spouses whose marriage is
annulled or declared void are still alive. It is the
QUESTION NO. 71 marriage itself which “died” or is terminated.
The Family Court of Makati rendered a decision While in both kinds of legitimes the marriage is
declaring the marriage of Husband and Wife void terminated, the causes of termination are not the
under Article 36 of the Family Code because of same. In presumptive legitime, the cause is either the
their mutual psychological incapacity. In its annulment of the marriage or its nullification. In
decision, the court directed the spouses to ordinary legitime, the cause of termination is the
partition the family dwelling and other properties death of the decedent who is not necessarily a spouse.
in equal shares.
The term legitime in the law on succession
Husband questions the decision regarding the presupposes the existence of a valid and effective
partition of the family dwelling. He claims that will; in presumptive legitime, no will is presupposed.
under Articles 102 (absolute community) and 129 It applies without any relation to the existence or
(conjugal partnership) of the Family Code, the non-existence of a valid and effective will of the
family dwelling should be adjudicated to the “spouses.”
spouse with whom majority of the children choose
to remain. Husband’s move is expected because all QUESTION NO. 73
the couple’s children have chosen to live with him.
Is Husband correct? Employer hired Driver to operate a delivery van.
Before allowing Driver to operate the van,
No. In a void marriage, regardless of the cause, the Employer checked Driver’s prior job references,
property relations of the parties during their required Driver to undergo a physical
cohabitation is governed by Article 147 of the Family examination by a doctor, and provided Driver
Code. Under this provision, a peculiar form of co- with extensive training in motor vehicle safety.
ownership arises when a man and a woman who are Medic, the doctor who examined Driver,
capacitated to marry each other, live exclusively with discovered that Driver had a sleep disorder that
each other as husband and wife without the benefit of caused Driver to spontaneously fall asleep and
marriage or under a void marriage. that Driver had on several occasions fallen asleep
while driving. Driver pleaded with Medic not to
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inform Employer of the sleep disorder. Medic Employer would not be liable for negligent hiring or
agreed, and omitted this information from the supervision of Driver.
physical examination form that he sent to
Employer. Medic also sent a letter to Employer QUESTION NO. 74
assuring Employer that Driver was “fit for
employment as a delivery van operator.” Abe and Bea Go were married on May 15, 1996.
Employer then provided Driver with a daily On February 7, 1997, Bea gave birth to Donald.
delivery route and paid him a monthly salary. But before Donald’s birth, Abe left the conjugal
abode and lived with another woman. In
While Driver was making deliveries for Employer, retaliation, Bea registered Donald as illegitimate
the van left the road and struck Pedestrian, who with an “unknown” father. The item regarding
suffered severe injuries as a result. Pedestrian the date and place of marriage of parents was left
filed a lawsuit for damages against Driver and blank.
Employer.
In 1999, Abe and Bea reconciled. Abe then
a. Is Driver guilty of negligence? discovered the following: (a) The last name of
Donald is Go, which is Bea’s maiden last name;
Yes. By operating the delivery van, Driver owes a
(2) His name as the father of Donald is not
duty to exercise reasonable care to others on the road.
entered, but marked “unknown,” and (3) There is
Driver failed to conform to the required standard of
no information about the date and place of
care when his van left the road and struck Pedestrian.
marriage of the parents. May Abe seek a
He knew that he was susceptible to falling asleep and
correction of the entries in the certificate of birth
yet he took the risk that he would not cause harm to
of his son, Donald, without judicial order under
others by operating the van.
RA 9048?
b. Can Pedestrian prevail under the res ipsa
loquitor rule concerning Driver’s alleged No. The errors are not clerical within the meaning of
negligence? RA 9048 because the correction involves the change
of status of Donald from “illegitimate” to
Driver is guilty of negligence but not on the basis of “legitimate.” Abe has to file the proper court action
res ipsa loquitor. He was negligent because he to effect the correction of the erroneous entries in the
operated the van knowing that he was susceptible to birth certificate of his son, Don.
falling asleep while operating a vehicle.
The fact that Driver left the road and struck
QUESTION NO. 75
Pedestrian is not a type of accident that happens only Abe, a widower, has two married children (Ben
if the Driver was negligent. There are many other and Carla). Carla has two children (Drew and
situations that could have caused the Driver to veer Eric), while Ben has no children. Abe dies, leaving
off the road, including mechanical failure, defective a will that gives all his property equally to his
steering wheels, or emergency reaction. Thus, children, Ben and Carla, and provides that should
Driver’s negligence is one of the many possible a child predecease him, leaving grandchildren, the
causes. This factor makes it highly unlikely that res grandchildren are to inherit equally with the
ipsa loquitur could be used in such a situation. surviving child. Carla has predeceased Abe. Abe
dies with an estate valued at Php180,000.
c. What arguments will Pedestrian make in
support of his claim of negligence, what defenses a. Discuss the distribution of Abe’s estate if the
can reasonably be asserted, and who is likely to will is invalid.
prevail in a lawsuit filed by Pedestrian against
Employer? Should Abe’s will be denied probate, his estate will
Pedestrian will argue that an employer is vicariously be distributed as in intestacy. Under Article 981 of
liable for the negligence of his employees committed the Civil Code, should children of the deceased and
within the scope of the employment relationship. descendants of other children who are dead, survive,
Here, Driver was negligent as discussed. Employer the former shall inherit in their own right, and the
hired Driver to operate the van and is thus an latter by right of representation. Consequently, Ben
employer within the meaning of vicarious liability. shall inherit in his own right Php90,000, while the
Driver’s negligence occurred within the scope of the grandchildren (Drew and Eric) shall each inherit
employment relationship because Driver was making Php45,000 by right of representation.
deliveries for Employer when the van left the road b. Discuss the distribution of Abe’s estate if the
and struck the Pedestrian. will is valid.
Employer will argue that he is liable for negligence
Ben and Carla were the heirs originally instituted by
only if it can be determined that he failed to exercise
Abe in his will. Such institution concerns only the
the diligence required in the selection and supervision
free disposal. Because Carla predeceased Abe, the
of his employees. Here, Employer made reasonable
efforts to investigate Driver’s prior job references and proviso that the free disposal shall be received
physical conditions. By exerting such efforts, equally by Ben and the children of Carla (Drew and
Page 17 of 58
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QUESTION NO. 77
Mrs. Cruz leaves a painting worth Php50,000 in QUESTION NO. 80
her will to her grandson, Sam. Shortly before her
Abe is married to Bea, while Chito is married to
death, the painting is destroyed in a fire. Mrs.
Donna. Abe and Chito are brothers. Due to a
Cruz does not change her will. What will Sam
property dispute, Abe and Bea filed a possessory
receive?
action against Chito and Donna. Citing Article
Sam is not entitled to receive anything from his 151 of the Family Code, Chito and Donna moved
grandmother’s estate. Under Article 957 of the Civil to dismiss the complaint for failure to state a cause
Code, the legacy or devise is without effect if the of action. Chito and Donna claim that the absence
thing bequeathed is totally lost during the lifetime of of an allegation in the complaint that earnest
the testator, or after the testator’s death without the efforts toward a compromise between members of
heir’s fault. the same family had been made and that it was
unsuccessful, renders the complaint fatally
QUESTION NO. 78 defective. Should the court dismiss the complaint?
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destroyed. Should Abe be held liable for the actions, or against both. (Arts. 2176 & 2180, Civil
damages to the crops? Code)
Debtor owes Creditor the sum of Php20,000 on a I would advise Rey that he can bring an action
personal debt. Trudy, a third person, promises against Abe for damages for meddling with or
Debtor that he would pay Creditor the full debt if disturbing Rey’s married relations with Ana. This is
Debtor will give Trudy's children dance lessons. an actionable wrong recognized under Article 27 (2)
Debtor faithfully provides dance lessons regularly of the Civil Code.
over an extended period. Can Creditor sue Trudy
for the payment of the debt? QUESTION NO. 93
Yes, because Creditor is an intended beneficiary of
the agreement between Debtor and Trudy. Under Tito dies with a will leaving his entire estate of
Article 1311 of the Civil Code, if a contract should Php6 million to his live-in partner, Marie. Tito is
contain some stipulation in favour of a third person, survived by his brother, Sonny, and his legitimate
he may demand its fulfilment provided he half-sister, Ana.
communicated his acceptance top the obligor before
its revocation. A mere incidental benefit or interest of a. Is the disposition in Tito’s will valid?
a person is not sufficient. The contracting parties
Yes. Tito’s testamentary disposition of his entire
must have clearly and deliberately conferred a favour
estate to his common-law wife is in accordance with
upon a third person. Such a stipulation obtains in this
the law on succession. Tito has no compulsory heirs,
case.
who can inherit from him. (Art. 887, Civil Code)
Under the law, brothers and sisters are not
QUESTION NO. 90 compulsory heirs. Accordingly, Tito can bequeath his
A seller shipped goods to a buyer by common entire estate to anyone who is not otherwise
carrier, using a shipment contract. When the incapacitated to inherit from him. A common-law
carrier arrived at the buyer's location, the buyer wife is not incapacitated under the law, as Tito is not
refused to accept the goods unless the driver married to anyone.
unloaded them inside the buyer's warehouse. The
b. Suppose Tito dies intestate, how shall his estate
driver refused and the goods were subsequently
be distributed?
damaged. Who bears the risk of loss?
The buyer bears the risk of loss, since this was a Assuming that Tito’s entire estate of Php6 million is
shipment contract and the seller had completed the his net hereditary estate, Sonny is entitled to receive
performance obligations. Where actual delivery has Php4 million which is twice the intestate share of
been delayed through the fault of either the buyer or Ana, a half-sister, who is entitled to inherit Php2
seller the goods are at the risk of the party in fault. million. Marie is not entitled to inherit anything
Since the buyer himself delayed the actual delivery of because she is not a legal heir of Tito. (Art. 1006,
the goods, he necessarily bears the loss of the goods. Civil Code)
(Art. 1504(2), Civil Code)
QUESTION NO. 94
QUESTION NO. 91 Abe owns a farm land with no access to a public
Abe works for Yellow Cab delivering pizzas in a road. He had been passing through Rey’s land
motorcycle to customers across the city. One day, with Rey’s acquiescence for over 20 years. Abe
in his haste to meet the “30 minutes or free pizza” recently subdivided his property into ten
delivery standard, he causes an accident in which residential lots and sold them to different persons.
Rey’s car is damaged. Against whom can Rey file Rey immediately blocked the pathway and refused
a civil action for damages? to let Abe’s buyers pass through his land. Did Abe
acquire an easement of right of way over Rey’s
Rey can file a civil action either against Abe for land?
breaching his duty and causing Rey harm, or against
No. An easement of right of way is discontinuous in
Yellow Cab for being vicariously liable for Abe’s
nature - it is exercised only if man actually passes
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The deed of assignment is a mortgage, not a cession Y’s decision in building the perimeter fence is not
of leasehold rights. A cession would have transferred binding upon X and Z. Expenses to improve the thing
ownership to the bank. The grant of authority to the owned in common must be decided upon by a
bank to sell the leasehold rights in case of default is majority of the co-owners who represent the
proof that no such ownership was transferred and that controlling interest. (Arts. 489 and 492, Civil Code)
a mere encumbrance was constituted. There would Since Y does not constitute a majority with a
have been no need for such authority had the deed of controlling interest in the co-ownership, his decision
assignment been a true cession. does not bind the other co-owners.
the use or occupation thereof. The action filed by amount of Php500,000.00 to Abe and demanded
Seller does not fall on anyone of these. that Abe execute a deed of absolute sale of the
land in his favor. Abe refused on the ground that
QUESTION NO. 98 Rey no longer had an option to buy the property.
Abe lost Php100,000 in a card game, but he had If Rey files an action for specific performance
no more cash to pay Rey, the winner. When the against Abe, who will prevail?
card game ended, Abe still owed Rey Php30,000 Abe will prevail. The implied renewal of the lease on
which Abe promised to pay in two weeks. When a month-to-month basis did not have the effect of
Abe still failed to pay after three months, Rey filed extending the life of the option to purchase which
a suit to collect. expired at the end of the original lease period. Abe is
a. Will the collection suit prosper? therefore correct in refusing to sell on the ground that
the option had expired.
The collection suit will not prosper. Under Article
2014 of the Civil Code, no action can be maintained QUESTION NO. 101
by the winner for the collection of what he has won
in a game of chance. As a friend, Abe loaned his passenger jeepney to
Rey to allow Rey to bring his wife from Baguio
b. Could Tessie institute an action to recover the City to NAIA for his wife’s travel to Hongkong.
amount which her husband lost? On the way back to Baguio, people stopped the
If the money paid by Abe to Rey were conjugal or passenger jeepney. Rey stopped for them and
community property, the wife could sue to recover it allowed them to ride on board, accepting
pursuant to Article 117(7) of the Family Code which payments as if they were ordinary passengers of
expressly provides that losses in gambling are borne jeepneys plying their route.
exclusively by the loser-spouse. Conjugal or
When Rey was cruising at moderate speed along
community funds may not be used to pay for such
the highway in Sison, Pangasinan, a wayward
losses. And if the money were the exclusive property
vehicle coming from the opposite direction hit the
of Abe, the wife may also sue to recover it under
jeepney. The jeepney was wrecked.
Article 2016 of the Civil Code if she and the family
needed the money for support. a. What kind of agreement did Abe and Rey enter
into with respect to the use of the passenger
QUESTION NO. 99 jeepney?
Abe sold his car to Ben who issued a post-dated The contract is a commodatum.(Art. 1933. Civil
check. Before the due date of the check, Ben sold Code) Commodatum is a contract by which one of
the car to Dave, an innocent purchaser for value. the parties (bailor) delivers to another (bailee)
The check issued by Ben was later dishonored something not consumable so that the latter may use
because Ben had already closed his checking it for a certain time and return it.
account when he issued the check. Abe sued to
recover the car from Dave on grounds that he had b. Is Rey obliged to pay Abe for the use of the
been unlawfully deprived of the car by Ben’s passenger jeepney?
deception. Will the suit prosper?
No, Rey is not obliged to pay Abe for the use of the
The suit will not prosper because Abe was not passenger ieepney because commodatum is
unlawfully deprived of the car although he was essentially gratuitous. (Art. 1933. Civil Code)
unlawfully deprived of the price. The perfection of
the sale and the delivery of the car was sufficient to c. Is Rey liable to Abe for the loss of the jeepney?
allow Ben to acquire ownership of the car, which he Yes, because Rey devoted the thing to a purpose
can lawfully transfer to Dave. Article 559 of the Civil different from that for which it has been loaned (Art.
Code applies only to a person who is in possession in 1942, par. 2, Civil Code)
good faith of the property, and not to the owner
thereof. Here, Ben was the owner, and, hence, Dave
acquired the title to the car. Non-payment of the price
QUESTION NO. 102
in a contract of sale does not render ineffective the Abe owns a mango plantation which he can no
obligation to deliver. The obligation to deliver a thing longer properly manage due to a lingering illness.
is different from the obligation to pay its price. Since Abe is indebted to Rey in the amount of
P500,000, he asks Rey to manage the plantation
QUESTION NO. 100 and apply the harvest to the payment of his
obligation, until his debt has been fully paid. Rey
In 1980, Abe leased to Rey a piece of land for a agrees.
period of three years with an option to purchase
the property during the period of the lease for the a. What agreement did Abe and Rey enter into?
price of Php500,000. After the expiration of the
three-year lease period, Abe allowed Rey to Abe and Rey had entered into an accessory contract
remain in the leased premises on a monthly basis of antichresis. Under Article 2132 of the Civil Code,
at the same rental rate. In 1984, Rey tendered the by a contract of antichresis the creditor acquires the
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right to receive the fruits of an immovable of his compensatory damages. Nominal damages are
debtor, with the obligation to apply them to the adjudicated only in order that a right of the plaintiff,
payment of the interest, and thereafter to the principal which has been violated or invaded by the defendant,
of his credit. may be vindicated or recognized, and not for the
purpose of indemnifying the plaintiff for any loss
b. What obligations are imposed by law on Rey as suffered by him. (Art. 2231. Civil Code)
a consequence of his agreement with Abe?
d. Can Creditor ask for temperate damages?
Rey is obliged to pay taxes and charges upon the land Creditor may ask for, but would most likely not be
and bear the necessary expenses for preservation and awarded, temperate damages considering that his
repair which he may deduct from the fruits. (Art. actual damages may already be compensated upon
2135, Civil Code) proof thereof with the promissory note. Temperate
c. Does the law require any specific form for the damages may be awarded only when the court finds
validity of the contract? that some pecuniary loss has been suffered but its
amount cannot, from the nature of the case, be proved
As to perfection, antichresis is a formal or solemn with certainty. (Art. 2224, Civil Code)
contract. The amount of the principal and interest e. Can Creditor ask for attorney’s fees?
must be specified in writing, otherwise the antichresis
is void. (Art. 2134, Civil Code) Yes, because Debtor's act or omission has compelled
Creditor to sue to protect his interests. Furthermore.
d. May Abe reacquire the plantation before attorneys' fees may be awarded by the court when it
payment of his indebtedness? is just and equitable. (Art. 2208, Civil Code)
Yes. Under Article 2220 of the Civil Code, moral QUESTION NO. 106
damages are recoverable in case of breach of contract
where the defendant acted fraudulently or in bad Rey and Abe are co-owners of a parcel of land.
faith. Here, Debtor acted in bad faith because he Rey recently discovered that Abe had sold his
refused to pay the value of the note to spite Creditor. (Abe’s) share to Larry on January 1, 2015. The
following year, Rey offered to redeem Abe’s share
c. Can Creditor ask for nominal damages? from Larry, but Larry replied that Rey's right to
No, he cannot. Nominal damages are not recoverable redeem had already prescribed. Is Larry correct?
in this case because Creditor is already indemnified Larry is not correct. Rey can still enforce his right of
of his losses with the award of actual and legal redemption as a co-owner. Article 1623 of the
Page 24 of 58
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by a co-owner of a specific portion of a community acquired the negative easement of light and view.
property valid? After 2013, B may no longer obstruct.
Yes. The mere fact that A transferred a definite QUESTION NO. 122
portion of the co-owned property by metes and
About 15 years ago, A constructed a house on her
bounds to D does not per se render the sale a nullity.
lot adjoining the lot owned by B. He provided it
There can be no doubt that the transaction entered
with windows overlooking B’s lot half a meter
into by A and D could be legally recognized in its
away from the boundary line. A month ago, B
entirely since the object of the sale did not even
brought an action against A for the closure of the
exceed the ideal share held by A in the co-ownership.
windows on the allegation that they violate the
A’s right to sell a part of his undivided interest in the
law on distances. Has A acquired an easement of
co-owned property is absolute in accordance with the
light of view by prescription of ten years?
well-settled doctrine that a co-owner has full
ownership of his pro indiviso share and has the right No. In the first place, there was no formal prohibition
to alienate, assign and mortgage it, and substitute under which A prohibited B from obstructing his
another person in its enjoyment. (Del Campo v. CA, light and view. In the second place, A did not observe
351 SCRA 1 (2001) the legal requirement that there should be a distance
of at least two meters between the windows and B’s
QUESTION NO. 120 lot, since the view is direct. According to law, non-
observance of this distance does not give rise to
A engaged B to build a residential condominium
prescription.
building on his titled property. To finance the
construction, A obtained a loan from C, secured QUESTION NO. 123
by a mortgage on the condominium project. When
the loan was not paid. A entered into an H and W are husband and wife. Believing that his
agreement with C in whose favor he conveyed all wife was sterile, H donated to C in 1990 a parcel
his rights and interests in the realty project. In the of land valued at Php40,000. In 1998, W gave
same agreement, both A and C recognized B’s birth to a son, B. Assuming that the land is the
contractor’s lien by virtue of which C agreed to exclusive property of H and that the net value of
assign to him three bedroom units to come from H’s estate at the time of B’s birth is Php40,000,
the condominium project. C later entered into a what will be the extent of the reduction of the
lease agreement with AMA Computer School donation?
which converted the condominium building into a The donation shall be reduced by Php20,000, because
computer school. H’s free disposal is only to the extent of Php20,000.
Because the conversion included the bedroom Thus:
units assigned to him, B brought an action against 40,000 value of donation
C for delivery of his condominium certificate of 40,000 value of estate at B’s birth
title. C defends on the ground that B is not a 80,000 Net Hereditary Estate
condominium buyer within the meaning of the
Condominium Law. Decide. Legitime of B: 40,000
Legitime of W: 20,000
Yes. The term “buyer” under the Condominium Law 60,000
is not limited to those who enter into contract of sale.
Its concept is broad enough to include those who Free Disposal 20,000
“acquire for valuable consideration a condominium Reduction 20,000
unit.” In the instant case, B is a buyer within the Judicial action is necessary for reduction or
contemplation of the law (PD 957). He acquired the revocation of donation. (Art. 763, Civil Code) Period
three condominium units as they were assigned to of prescription is four years.
him by A in payment of his indebtedness as
contractor’s fees. Clearly, this acquisition of the units QUESTION NO. 124
was for a valuable consideration.
X has no child. At the time he gave a donation of
QUESTION NO. 121 P100,000, he had P1 million. Therefore, after the
donation, he had P900,000 left. Later he adopted a
A and B are neighbors. On his building’s wall, A minor child. At the time he made the adoption, he
opened a window beneath the ceiling joists to had only P50,000 left. Should the donation be
admit light in 1995. Even after 10 years, B may reduced? How much and within what period?
still obstruct the light by constructing on his own
lot a building higher than A’s unless A makes a The donation of Php100,000 should be reduced by
notarial prohibition prohibiting B from making Php25,000 because the legitime is impaired to that
the construction. If in 2003 A makes the extent (the free disposal being only Php75,000).
prohibition, may B still make the obstruction in Thus:
2007? 50,000 (value at the time of adoption)
Yes, because it is only in 2013 (ten years after the 100,000 (value of donation)
notarial prohibition) when A may be said to have 150,000
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illegitimate children since Abe got the divorce when partner – subjects his personal assets to liability for
he had ceased to be a Filipino. (Art. 15, Civil Code) the partnership’s obligations.
a. Can the partnership convey the land in the QUESTION NO. 131
name of the partnership?
Under which of the following breach of contract
Yes, because a partnership has a juridical personality situations would specific performance be an
separate and distinct from that of each of the partners. appropriate remedy?
This is true even if the formalities under Article 772
a. Abe offers to sell his house and lot to Rey.
of the Civil Code which requires that the articles of
Then, upon finding another buyer willing to
partnership which must be in a public instrument is
pay a higher purchase price, he revokes his
not recorded in the Office of the Securities and
offer..
Exchange Commission. (Art. 1768, Civil Code)
Besides, any immovable property or interest in b. Amy contracts to sing in Abe’s bar for one
immovable property belonging to the partnership month, beginning May 1. She then refuses to
shall be conveyed only in the partnership name. (Art. perform.
1774, Civil Code)
c. Abe contracts to purchase a rare coin owned
b. If there is a breach of contract, against whom by Rey, as Rey is breaking up his coin
may Agnetha file a lawsuit? collection. Abe gives Rey Php1,000 for the
privilege of deciding whether to buy the rare
If there is a breach of contract arising from the sale of
coin. At the last minute Rey decides to keep his
the property, Agnetha must maintain the lawsuit
coin collection intact and refuses to deliver the
against the partnership, not against the individual
coin to Abe.
partners. This is because a partnership has a juridical
personality of its own separate and distinct from that d. Abe contracts to sell to Rey 100 cavans of
of each of the partners. (Art. 1768, Civil Code) dinorado rice that Abe intends to harvest from
c. If Agnetha obtains judgment against Tropical his farm. Because the price of rice rises
Gardens, against whom can she execute it? dramatically, Abe refuses to go on with his
promise.
Partnership liability is first paid out of partnership
assets when a judgment is rendered against the firm Specific performance would most likely be proper in
name. In a general partnership, the personal assets of (c). If the offerer has allowed the offeree a certain
the individual members are subject to liability if the period to accept, the offer may be withdrawn at any
partnership’s assets are inadequate. Even in limited time before acceptance by communicating such
partnerships, at least one of the partners – the general withdrawal, except when the option is founded upon
a consideration as something paid or promised. (Art.
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1324, Civil Code) In this case, Abe gave Rey Isabella is the daughter of Carlos, a widower.
Php1,000 for the option of buying or not the rare Over the objections of Carlos, Isabella adopted a
coin. Being so, the option is valid and cannot be 5-year old girl named Barbara who grew up into a
withdrawn by Rey. fine woman and trained to be a nurse. When
Carlos fell ill, he was admitted to the hospital
An action for specific performance in (a) would most where Barbara took care of him. They fell in love
likely be dismissed by the court. This is so because and got married. What is the status of their
Abe can withdraw his offer to Rey at any time before marriage?
Rey’s acceptance; the option given to Rey is not
founded upon a consideration as something paid or Their marriage is valid because Barbara and Carlos
promised. (Art. 1324, Civil Code) are not related to each other, either by blood or by
affinity or by fiction of law. That Barbara is the
Specific performance is improper in (b) which adopted child of Isabella does not make Barbara a
involves a personal obligation. To compel Amy to direct descendant of Carlos, adoption being personal
comply with her contractual obligation would amount between Isabella, the adopting parent, and Barbara,
to involuntary servitude. the adopted child.
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Abe sold his land to Ben who began to possess it. upon full payment of the cash surrender value to
Carl, a stranger, sold the same land, unauthorized Buyer. (Sec. 3, R.A. No 6552) Buyer is entitled to a
by anyone, and in his own name, to Donald, who cash surrender value which is 50% of the total
registered the sale in good faith. Who owns the payments made by him.
land, Ben or Donald?
Ben should be considered as the owner even if he did
QUESTION NO. 140
not register the land. This is so because Donald, who Seller contracts to sell to Buyer a parcel of land.
registered the sale, did not buy the land from its They agree that Buyer shall pay the purchase
owner, but from a stranger totally unconnected with price on October 25, and that in case of Buyer’s
the land. Article 1544 of the Civil Code cannot failure to pay, the contract shall be automatically
therefore apply, because it cannot be said that the rescinded. If Buyer does not pay on October 25,
land had been sold twice by the same person. (Art. can he still pay on October 29?
1544, Civil Code)
Yes, if no judicial or notarial demand for rescission
QUESTION NO. 137 of the contract as of October 29 has been made by
Seller to Buyer. Under Article 1592 of the Civil
Seller sells to Buyer a parcel of land under a Code, in the sale of an immovable property, even
notarized deed of sale. On the same day and along though it may have been stipulated that upon failure
with the execution of the deed of sale, the parties to pay the price at the time agreed upon the rescission
execute a separate instrument, denominated as of the contract shall of right take place, the vendee
“Right of Repurchase” granting Seller the right to may still pay even after expiration of the period, as
repurchase the lot within four years. Within four long as no demand for rescission of the contract has
years, Seller offers to redeem but Buyer refuses. been made upon him either judicially or by a notarial
Who is correct? act.
Buyer is correct. The right of repurchase is not a right QUESTION NO. 141
granted the vendor by the vendee in a subsequent
instrument, but a right reserved by the vendor in the In a letter, Seller offers to Buyer the sale of a
same instrument of sale as one of the stipulations of parcel of land. Buyer sends a reply. Which of the
the contract. Once the instrument of absolute sale is following statements in Buyer’s reply will NOT
executed, the vendor can no longer reserve the right result in a contract?
to repurchase, but some other right like an option to a. “I accept your offer to sell the land. I wish I
buy. (Vasquez v. Court of Appeals, 198 SCRA 102 could have gotten a better price.”
[1991])
b. “I accept your offer to sell the land, but can
QUESTION NO. 138 you shave the price?”
Abe and Ben are childhood friends. Because of c. “I accept your offer to sell the land, but only if
their friendship, Abe gave to Ben in usufruct a I can pay on 90 days credit.”
parcel of land to last up to the time their high d. “I accept your offer to sell the land, provided
school teacher, Mrs. Aguada, reaches the age of that you are the owner.”
70. Mrs. Aguada died at the age of 65. Is the
usufruct extinguished? The reply in (c) will not result in a contract.
Acceptance is a voluntary act by the offeree that
No. Under Article 606 of the Civil Code, a usufruct shows agreement to the offer. The acceptance must
granted for a time that may elapse before a third be unequivocal and communicated to the offeror. The
person attains a certain age shall subsist for the acceptance in (c) is not an unequivocal acceptance
number of years specified even if the third person because of the condition to pay on credit which
should die before the period expires, unless such operates as a counter-offer.
usufruct has been granted only in consideration of the
existence of such person. If the document An acceptance may be unequivocal even though the
constituting Bernard as a usufructuary does not state offeree expresses dissatisfaction with the offer, as in
that it will end the moment Mrs. Aguada is dead, then the case of the replies in (a) and (b).
it will continue.
The condition imposed by Buyer in his reply in (d)
QUESTION NO. 139 that the offeror owns the property is implied in every
Buyer buys on instalment a residential subdivision sale of land, so the condition does not add any new or
lot. After the 5th year, he is unable to make further different terms to the offer.
payments. Can Developer unilaterally cancel the
sale? Is Buyer entitled to any refund?
QUESTION NO. 142
Batman, Superman and Iron Man are co-owners
Yes. The Developer need not even go to court to
of a parcel of land. They later sold the land to
obtain cancellation of the sale, provided that the
Flash Gordon with a right to repurchase. Only
actual cancellation takes place after 30 days from
Batman exercised the right of repurchase for
receipt by Buyer of the notice of cancellation or
which he obtained a title to the property. Is the co-
demand for rescission of the sale by a notarial act and
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ownership terminated by Batman’s repurchase of b. Sam did not know that Riza was a buyer for an
the property? art gallery and was very familiar with the
works of renowned artists.
No. The repurchase of the land by Batman did not
terminate the co-ownership nor did it give him the c. Sam told Riza that he wanted to get rid of the
title to the entire land. Superman and Iron Man paintings as soon as possible because he was
remain as co-owners with obligation to reimburse angry at his mother for giving away most of
Batman their respective shares in the repurchase price her possessions to her friend just before she
of the land. died.
QUESTION NO. 143 d. Riza falsely told Sam that the paintings were to
be used to furnish Riza’s newly-constructed
Pedro owns a car. To raise money for his business vacation house in Baguio.
venture, he instructs Abe to sell the car. In his
own name, Abe sells the car to Menardo. Can The statement in (a) would enable Sam to annul the
Menardo sue Pedro in case the car has hidden contract on the ground of mistake if Riza was aware
defects? that Sam was mistaken about the identity of the artist.
Under the facts in this choice, Riza knows that Sam is
Yes. Although Abe acted in his own name, still the mistaken about the identity of the artist, which
sale involved a car belonging to Pedro, the principal. mistake refers to the substance of the thing which is
Here, we apply the exception stated in the second the object of the contract. (Art. 1311, Civil Code)
paragraph of Article 1883 of the Civil Code which
provides, “In such case the agent is the one directly The statement in (b) is wrong because the fact that
bound in favor of the person with whom he has one of the parties to the contract has superior
contracted, as if the transaction were his own, except knowledge about the subject matter of the contract
when the contract involves things belonging to the does not by itself justify annulment, even if the other
principal.” As a matter of fact, the sale is completely party is unaware of that fact. Riza’s knowledge or
valid. lack of it was not the principal cause on which the
contract was made and was not relied on by Sam in
QUESTION NO. 144 making the sale.
Principal appoints Agent, a minor, to sell a The statement in (c) is wrong because the fact that
particular car. Agent sells the car to Buyer. Sam was angry when he agreed to the contract is not
Principal afterwards seeks to annul the sale, and a ground for annulment of a contract under the law.
brings an action to recover the car on the ground Regardless of Sam’s state of mind, there was a
that Agent’s act was voidable, as a minor cannot meeting of the minds between the parties.
be an agent. Judgment for whom? The statement in (d) is incorrect because Riza’s
Judgment for Buyer. Agent is deemed to be an misrepresentations to Sam as to how she will use the
extension of the personality of Principal who is paintings does not appear to go to the substance of
himself capacitated. Hence, Principal cannot annul the thing which is the subject matter of the contract
the contract on the ground of Agent’s incapacity. or to have been relied on by Sam. Hence, the
misrepresentation is not significant enough to serve
QUESTION NO. 145 as a ground for annulling the contract.
Martha died, leaving her son (Sam) as sole heir. QUESTION NO. 146
Among the items inherited by Sam were some old
oil paintings that had been stored in Martha’s Is the sudden emergency rule an absolutory cause
attic for several years. Sam knew nothing about in negligence cases?
art and had no place to put them in his house. He Yes. A person who is confronted with a sudden and
placed an ad in the paper offering to sell the unforeseeable occurrence, because of the shortness of
paintings “at a price to be mutually agreed upon.” time in which to react, should not be held to the same
Riza, a buyer for an art gallery, responded to the standard of care as someone confronted with a
ad and examined the paintings. From the foreseeable occurrence.
signature and the style, Riza recognized that the
artist was Ben Cab, a renowned Filipino portrait One who suddenly finds himself in a place danger,
artist. Sam and Riza agreed upon a price and and is required to act without time to consider the
executed a contract. best means that may be adopted to avoid the
impending danger, is not guilty of negligence, if he
Which of the following facts, if true, would give fails not to adopt what subsequently and upon
Sam the best basis for annulling the contract with reflection may appear to be the better method, unless
Riza? the emergency in which he finds himself is brought
a. Sam told Riza that his mother, Martha, had about by his own negligence. (Gan vs CA, 165 SCRA
dabbled in painting when she was younger and 378) The rule applies, for instance, in the following
had undoubtedly painted them herself. cases: 1) a child suddenly darts into the road between
parked cars; 2) a load from a truck suddenly bounces
across the highway; or 3) a driver of a car is suddenly
stricken by a period of unconsciousness which he has
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no reason to anticipate and which renders it can be required to answer for the obligation only after
impossible for him to control the car he is driving. the principal has defaulted. (Art. 2047, Civil Code)
The creditor must also have attempted to collect from
QUESTION NO. 147 the principal, and the latter still has not paid. (Art.
Husband and Wife were married in 1974. Their 2058, Civil Code) Under Article 2079 of the Civil
marital union bore two children (Abe and Ben). Code, an extension granted to the debtor by the
The birth certificates of the children identified creditor without the consent of the guarantor, as in
Husband as their father and their status as this case, extinguishes the guaranty.
legitimate. Husband died in 1990. QUESTION NO. 149
In a notarized document in 1991, Gigolo admitted
Ben, Calvin, and Don form a limited partnership.
his illicit relations with Wife and acknowledged
Ben is a general partner, and Calvin and Don are
Abe and Ben as his illegitimate children. After
limited partners. Consider each of the separate
Gigolo’s death in 1993 and on the strength of
events below, and discuss fully which will
Gigolo’s notarized acknowledgment, Abe and Ben
constitute a dissolution of the partnership.
brought an action for the partition of Gigolo’s
substantial estate. Will the action prosper? A. Calvin assigns his partnership interest to Don.
No. The attempt to establish the status of Abe and B. Don goes into bankruptcy.
Ben, as the illegitimate children of Gigolo would in
C. Ben dies.
effect impugn their legitimate status as children of
Husband and Wife. This cannot be done because the The event in (C) dissolves the limited partnership of
law itself establishes the legitimacy of children Ben, Calvin, and Don. This is by express provision of
conceived or born during the marriage of the parents. Article 1860 of the Civil Code which provides that
There is perhaps no presumption of law more firmly the death, insolvency, insanity or civil interdiction of
established and founded on sounder morality than a general partner dissolves the limited partnership,
children born in wedlock are legitimate. (Tison v. unless the business is continued by the remaining
Court of Appeals, 276 SCRA 582 [1997]) general partners. The partnership here consists of
only one general partner (Ben), and there being no
The presumption indeed becomes conclusive in the
other remaining general partner to continue the
absence of proof that there is physical impossibility
business, the partnership is dissolved.
of access between the spouses during the first 120
days of the 300 days which immediately preceded the The event in (A) does not dissolve a partnership
birth of the child due to: a) the physical incapacity of because a limited partner’s interest is assignable (Art.
the husband to have sexual intercourse with his wife; 1859, Civil Code)
b) the fact that the husband and wife are living
The insolvency of the other limited partner, an event
separately in such a way that sexual intercourse is not
stated in (B,) does not likewise dissolve the limited
possible; or c) serious illness of the husband which
partnership because the partnership business can still
absolutely prevents sexual intercourse. (Art. 166,
continue despite such insolvency.
Family Code) Considering that Abe and Ben were
born during the marriage of their parents, they are
therefore considered the legitimate children of
QUESTION NO. 150
Husband and Wife. Abe took his car to a carwash station and asked to
have it washed. While it is being washed, Abe
QUESTION NO. 148 went to a nearby mall for two hours. In the
meantime, one of the workers at the car wash had
Ann is a working student at a local university. In
mistakenly hand-waxed the car. When Abe came
need of funds to pay for tuition and books, she
back, he was presented with a bill for a wash job
attempts to secure a short-term loan from East
and a hand wax. Is Abe liable to pay for the hand
Bank. The bank agrees to make a loan if Ann will
wax job?
have someone financially responsible guarantee
the loan payments. Betty, a businesswoman and a No. The doctrine of quasi-contract does not apply
friend of Ann’s family, agrees in writing to pay when there is a contract between the parties.
the loan if Ann cannot. Because of Betty’s Although there was a benefit bestowed to Abe, Abe
reputation, the loan is made. Ann is making the did not receive an unjust benefit because the hand
payments, but because of illness she is not able to wax job was not contemplated by his agreement with
work for one month. She requests that East Bank the owner of the car wash station.
extend the loan for three months. East Bank
agrees, raising the interest rate for the extended QUESTION NO. 151
period. Betty is not notified of the extension. One
Mr. Go, a Chinese national donated in Germany
month later Ann drops out of school. All attempts
in favor of Pedro, a Filipino, a parcel of land in
to collect from Ann fail. Can East Bank collect
the Philippines.
from Betty?
a. The law of which country governs the
No. Unlike a surety who is primarily liable, a
formalities of the donation?
guarantor is merely subsidiarily liable. The guarantor
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Philippine law governs the formalities of the maiden name and surname, but she may choose to
donation. The lex loci celebrationis does not apply continue employing her former husband’s surname,
because the transaction relates to land and must unless (1) the court decrees otherwise; or (2) she or
therefore be governed by the law of the place where the former husband is married again to another
the land is situated. person. (Art. 371, Civil Code)
b. The law of which country governs the capacity
of Mr. Go to make the donation? QUESTION NO. 156
Philippine law, the situs of the property, governs the What if legal separation occurs, is the wife entitled
capacity of Mr. Go, a Chinese national, to alienate. to continue using the husband’s surname even if
Here, the doctrine of national law under Article 15 of she is the guilty spouse?
the Civil Code yields because the subject matter is Article 372 of the Civil Code does not distinguish
land. whether the wife is the guilty spouse or not, unlike in
the case of annulment of marriage under Article 371,
QUESTION NO. 152 because in legal separation the marriage ties still
Abe was coerced into marrying Bea. Abe sued for subsist.
annulment. During the pendency of the case, Abe
married Amy. When she learned of the first QUESTION NO. 157
marriage, Amy sued Abe for bigamy. Abe now Abe, an American, and Bea, a Filipina, cohabited
alleges that the pendency of the annulment case is as husband and wife ten years ago without
a prejudicial question. Is Abe correct? marriage. While living together, the couple bought
Abe is wrong because the decision in the annulment a property in Baguio. Although the deed of sale
case is not important. The first marriage will either was placed in the names of the couple as buyers,
be annulled or not. If not annulled, bigamy can the sale was registered in the name of Bea alone
prosper. And if annulled, still bigamy can prosper, for because of Abe’s American citizenship. It is
when Abe married the second time, he was still sufficiently established, however, that the funds
married to Bea, a voidable marriage being valid until used to buy the property came solely from Abe, as
annulled. Bea has no sufficient source of income.
After their relationship turned sour and they went
QUESTION NO. 153 separate ways, Abe sold all his rights in the
Bea forced Abe, a married man, to marry her. Abe property to Rey, a Filipino. When Rey tried to
then sued for annulment of the second marriage. register the property in his name, he discovered
Bea retaliated with a charge of bigamy. In the that the title of the property is registered in the
bigamy case, Abe moved to suspend the criminal name of Bea, and that it had already been
proceedings until after the termination of the mortgaged.
annulment case on the ground that the annulment a. If Abe is the true buyer of the property, what is
case is a prejudicial question. Should the motion the effect of the registration of the property in the
be granted? name of Bea?
Yes, because the annulment case poses a prejudicial The registration of the property in the name of Bea
question. If Abe was really forced into marrying Bea, does not make her the owner of the property in
then his consent was defective; hence, the second question. It is settled that registration is not a mode of
marriage is to be annulled on that ground. He cannot acquiring ownership. Certificates of title are not a
therefore be guilty of bigamy. source of right. The mere possession of a certificate
of title does not make the holder the true owner of the
QUESTION NO. 154 property. The mere fact that Bea has the title of the
If a marriage is dissolved because of the death of disputed property in her name does not necessarily,
the husband, what surname may the widow use? conclusively, and absolutely make her the owner.
Although the death of the husband dissolves the b. Given that Abe is disqualified to own real
marriage ties, still the widow may desire to cherish properties in the Philippines, what is the legal
her deceased husband’s memory by the continued use status of the sale of the property by Abe to Rey?
of his surname. However, if she does not want to, she Because aliens are disqualified to own real properties
is allowed to use her maiden surname again. Notice in the Philippines, the sale of the property to Abe,
the use of the word “may” in Article 373 of the Civil who is an American, would have been declared
Code. invalid if challenged, had not Abe conveyed the
QUESTION NO. 155 property to Rey who is a Filipino. According to
jurisprudence, if the land is invalidly transferred to an
If a marriage is annulled, is the wife required to alien who subsequently becomes a Filipino citizen (or
resume her maiden name and surname? transfers it to a Filipino), the flaw in the original
transaction is considered cured and the title of the
It depends. If the wife is the guilty spouse, she must
transferee is rendered valid. (Borromeo v. Descallar,
resume her maiden name and surname. But if the
G.R. No. 159310, February 24, 2009)
wife is the innocent spouse, she may resume her
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QUESTION NO. 160 No. Even if the marriage is valid in Paris, where it is
celebrated, it is void here because it is “void from the
Pedro wished to delay action by a government beginning for reasons of public policy” it being a
Bids and Awards Committee for the execution of a marriage between the adopting parent and the
public works project in which he was interested. adopted child. (Art. 35 (4), Family Code)
He agreed with Abe to pay the latter Php1 million
if Abe could get the members of the bid committee QUESTION NO. 163
to postpone the committee’s scheduled bidding. Abe is engaged to be married after he completes
Abe gave a majority of the committee members his college education. Abe’s parents do not
and their wives a round trip ticket to Hongkong. approve of the marriage and offer him a half
Abe also gave each of the wives shopping money interest in the family business if he would give up
and convinced them to talk to their husbands his plans for marriage. Abe agrees, but after he
regarding a postponement of the bidding which finished college his parents refused to give him the
the committee did. Pedro now refuses to pay Abe. share of the business that they had promised. May
Decision? Abe enforce the promise made by his parents?
Decision for Pedro. Pedro’s commitment to pay Abe No. Promises not to marry in return for some benefit
Php1 million for Abe to influence the postponement is void because it is contrary to public policy. The
of the scheduled bidding of a government agency to law has always regarded marriage as a sacred
execute a public works project is against public institution (Art. 1, Family Code) and a right and
interest. The agreement is unquestionably void and privilege of all persons, not to be denied by private
cannot be enforced, especially so because both contract with other persons.
parties are in pari delicto.
QUESTION NO. 164
QUESTION NO. 161 After searching for months, a young married
Papa and Mama are the parents of Son. Upon the couple found a house which fitted their needs
death of Mama, Son immediately brings an action perfectly. The location, size, price, sale terms,
against Papa for the partition of Mama’s estate. proximity to church, school, and shopping malls
Papa counterclaims for reconveyance of a were all they had been looking for. After
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discussion with the owner, they agreed to buy the discuss the necessity of a written agreement and
house and sealed their agreement with the owner sealed their agreement with a handshake.
with a handshake. Is there a contract?
If the broker finds a buyer, is Abe obliged to sell
Yes. All the essential elements of a contract of sale the house and pay the broker his commission?
are present; namely, consent of the parties, a
determinate object, and a price certain in money or its No. An agency may be oral, unless the law requires a
equivalent. But if the owner later refuses to perform, specific form. However, when a piece of land or any
the sale could not be enforced by court action interest therein is through an agent, the authority of
because it was made orally. This is because of the the latter shall be in writing. (Art. 1874, Civil Code)
statutory requirement that all contracts for the Here, any attempt of the broker to hold Abe to his
transfer of any interest in real property must be in agreement will not succeed since the broker’s
writing to be enforceable. (Art. 1403, par. 2(e), Civil authority was not in writing and therefore void.
Code)
QUESTION NO. 168
QUESTION NO. 165 In each of the following cases, name the party on
whom the loss due to damage to, or destruction of,
A land registration applicant failed to mark in
the goods falls, and give the reasons for your
evidence the original tracing cloth plan of the land
answer.
applied for. Instead, he presented a blue print
copy of the plan as evidence. Is this sufficient? a. Abe purchased a used car. The seller was to put
a mechanic on it and make several mechanical
Yes. It is true that the best evidence to identify a
adjustments. After the adjustments had been
parcel of land for registration is the original cloth
made, and while the seller was testing the car
plan, yet the blue print copy of the plan suffices for
before delivery, the car was badly damaged in a
the purpose where the original tracing cloth plan was
collision.
attached to the application for registration. (Republic
v. IAC, 144 SCRA 705) Moreover, even the true The seller bears the loss of the car pursuant to the res
certified copy of the white paper plan would suffice if perit domino rule -- the thing perishes with the
it bears the approval of the Land Registration owner. Under the law, the goods remain at the
Authority and verified by the Bureau of Lands. The seller’s risk until the ownership therein is transferred
fact therefore that the original survey plan was to the buyer (Art. 1504, Civil Code), either by actual
recorded on white paper instead of a tracing cloth or constructive delivery thereof. (Art. 1477, Civil
plan should not detract from the probative value Code)
thereof. (Dir. of Lands v. CA, 158 SCRA 586 [1988])
The extinguishment of the obligation to deliver
QUESTION NO. 166 affects both vendor and vendee since their obligations
are reciprocal. If the obligation of the vendor to
A fire broke out on the fifth floor of a Baguio deliver is extinguished, the correlative obligation of
hotel. Although the fire was confined to that floor, the vendee to pay, which depends upon it, is also
several guests on the other floors reported losing extinguished. Besides, a contract of sale is onerous in
their property due to the fire and water. The hotel character; the cause, as far as the vendee is
was able to prove that the fire had started from a concerned, is the acquisition of the thing which is the
cigarette dropped on a bed by one of the guests. object thereof.
The careless smoking violated a Baguio City
ordinance and a rule of the hotel. Is the hotel b. Abe bought a very expensive laptop, with the
liable? understanding that he might return it within
thirty days if he found it to be unsatisfactory for
No. The loss of property because of accidental fire, in his needs. Abe found that the laptop did not suit
which no negligence may be attributed to the hotel is his needs and was preparing to return it within
an exception to the hotelkeeper’s liability as a the stipulated period when it was stolen.
depositary of valuables of hotel guests. This is in
keeping with the rule that no person may be held Abe bears the loss of the laptop. When goods are sold
liable for those events which could not be foreseen, with right of return, the buyer becomes the owner
or, even though foreseen, were inevitable. (Art. 1174, upon delivery, but he may revest the ownership of the
Civil Code) Here, the hotel would not be responsible thing in the seller by returning it within the time fixed
for the losses caused by the fire because it has not in the contract, or if no time is fixed, within a
breached its duty of care. reasonable time. (par. 1, Art. 1502, Civil Code)
Buyer may return the thing sold to the seller event if
QUESTION NO. 167 he finds nothing wrong with the quality of the thing.
Until he returns the thing, buyer owns the thing. And
Abe was eager to sell his house in Rainbow Hills if it is lost, regardless of the cause, buyer bears such
Subdivision. He made a lunch appointment with a loss.
real estate broker and at that time requested the
broker to sell the house, agreeing on specific c. Abe purchased a treadmill on ten days’
details of price and commission. Because they approval. Before expiration of the ten-day period,
were friends of long standing, the two men did not the treadmill was destroyed by fire of accidental
origin.
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is just “talking up” the merchandise (called Henry and Wilma are the conjugal owners of a
“puffing”), even though the buyer may rely on such ten-hectare farm. Upon the death of Henry,
statements. Even the use of the word “guarantee” Wilma immediately sold to Ben a 2,000-square
adds little, considering how it was used. A statement meter portion of the farm. The children of Henry
of fact must be of the essence of the subject matter. and Wilma later brought an action to annul the
sale on the ground that it was made without prior
QUESTION NO. 173 liquidation of the conjugal partnership of their
An airline pilot bought a watch from a reputable parents. Will the action prosper?
watch dealer. He stressed the importance of great No. Article 130 of the Family Code expressly
accuracy in any watch bought by him, and the provides that if no liquidation of the conjugal
seller said, “In my opinion you will find this watch partnership is made within six months from the death
the most accurate of any watch sold today. You of a spouse, any disposition or encumbrance
will be able to keep exact schedules by it.” involving conjugal partnership property of the
Suppose the watch does not meet such terminated marriage shall be void. This provision
specifications, does the pilot have a cause of must be read with Article 493 of the Civil Code
action? which allows a co-owner to alienate, assign, or
Yes. Expressions of opinion by professionals or mortgage his undivided share in the co-owned
experts may be accepted by others as statements of property. However, the effect of such alienation or
fact under certain conditions. This is especially true mortgage is limited only to the portion which may be
when the purchaser has no knowledge of the product allotted to the co-owner upon the termination of the
that he is buying. Although the seller prefaced his co-ownership. The recourse of co-owners in cases
remarks with the word “opinion,” under the where their consent were not secured in a sale of the
circumstances, his words would represent statements entire property, as well as in the sale merely of the
of fact because of his position. undivided shares of some of the co-owners, is an
action for partition under Rule 69 of the Rules of
QUESTION NO. 174 court. (Heirs of Go v. Go, G.R. No. 157537, Sept. 7,
2011)
Explain the requirement under Section 23 of PD
1529 that publication of the notice of initial QUESTION NO. 176
hearing in the Official Gazette “shall be sufficient
to confer jurisdiction upon the court.” Ana, a Filipina nurse, married Brent, an
American engineer, in Baguio City. A few days
As explained by the Supreme Court in Republic v. after the wedding, they immediately left for
Marasigan, 198 SCRA 219, the provision under California to reside there permanently. Anna then
Section 23 of PD 1529 was never meant to dispense became a naturalized American citizen. Five years
with the requirement of notice by mailing and later, Ana and Brent came to the Philippines for a
posting. What it simply means is that insofar as short visit. When the couple visited Ana’s
publication is concerned, there is sufficient hometown, they decided to adopt Ana’s younger
compliance if the notice is published in the Official brother to give him a better future. Are Ana and
Gazette. Although the law mandates that it be Brent qualified to adopt Ana’s younger brother?
published once in the Official Gazette and once in a
newspaper of general circulation in the Philippines, No. Under the Domestic Adoption Act, an alien is
publication in the latter alone would not suffice. This qualified to adopt a Filipino child only if a) he is a
is to accord primacy to the official publication in the former Filipino citizen who seeks to adopt a relative
Official Gazette. According to the Supreme Court, within the fourth civil degree of consanguinity; b) he
such provision was never meant to dispense with the seeks to adopt the legitimate or illegitimate child of
other modes of giving notice, which remains his Filipino spouse; and c) he is married to a Filipino
mandatory and jurisdictional. citizen and seeks to adopt jointly with his spouse a
relative within the fourth civil degree of
If the intention of the law were otherwise, Section 23 consanguinity or affinity of the Filipino spouse.
would not have stressed in detail the requirements of
mailing of notice to all persons named in the petition Here, Ana and Brent are aliens seeking to adopt a
who per Section 15 of the Decree, include owners of Filipino child. Being a former Filipino citizen, Ana is
adjoining properties and occupants of the land. qualified to adopt because the child to be adopted is
her relative within the fourth degree of
(NOTE: In Director of Lands v. Court of Appeals, consanguinity. While Ana is qualified, Brent is not
276 SCRA 276 [1997], the Supreme Court because he does not fall under one of the exceptions.
categorically declared that publication of the notice First, he is not a former Filipino citizen who seeks to
of initial hearing in a newspaper of general adopt a relative within the fourth civil degree of
circulation is mandatory and imperative. Without consanguinity. second, he is not seeking to adopt the
publication, the land registration court cannot validly legitimate or illegitimate child of Ana; and third, he
confirm the title of the applicant for registration.) is not married to a Filipino citizen who seeks to adopt
jointly with his spouse a relative of the latter within
QUESTION NO. 175 the fourth civil degree of consanguinity or affinity.
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And even if Ana is qualified to adopt her brother, she The statement in (a) is wrong because a debtor’s
cannot file the petition for adoption by herself. The voluntary payment of the debt despite his knowledge
Domestic Adoption Act specifically provides that the that the debt had already prescribed does not entitle
husband and wife shall jointly adopt, except if one him to recover. His payment constitutes a natural
spouse seeks to adopt the legitimate child of the obligation under Article 1423 of the Civil Code.
other; or if one spouse seeks to adopt his or her own The statement in (b) is wrong because a natural
illegitimate child; or if the spouses are legally obligation - unlike a civil obligation which is based
separated from each other. on positive law - derives its binding force from equity
and justice, and does not grant a right of action to
Here, Ana cannot file the petition for adoption by
enforce its performance; but after voluntary
herself because the child to be adopted is not the
fulfillment by the obligor, it authorizes the retention
legitimate child of Brent, nor is the child the
of what has been delivered or rendered by reason
illegitimate child of Ana. Moreover, Ana and Brent
thereof.
are not legally separated.
Tessie does not have any remedy. She cannot seek to The sale is valid despite the fact that Willy suffered
declare the marriage void on the ground of mistaken lesion by more than one fourth of the value of the
identity of the other party, Here, she married Abe vehicle. This is because the sale was made with prior
who was the very person she fell in love with. court approval. Had the sale been made without court
Neither can she sue for annulment of marriage on the approval, the sale would have been a complete nullity
ground of fraud. To annul a marriage, only the and even unenforceable against Willy.
circumstances enumerated under Article 46 of the
Family Code constitute fraud. No other
QUESTION NO. 180
misrepresentation or deceit as to character, rank, Abe and Bea, a childless couple, brought into their
fortune or chastity shall constitute such fraud as will home Christian, the infant son of their driver who
give grounds for the annulment of marriage. died in an accident. The couple took care of
Christian, doted on him and treated him as their
QUESTION NO. 178 own son. When Christian went to Manila to study,
Determine which of the following statements is Abe and Bea became so lonely that they adopted
correct. Explain your answer. Digna, a 10-year old orphan.
a. When a right to sue upon a civil obligation has After several years, Christian and Digna fell in
lapsed by extinctive prescription, the obligor who love and, when both were over 25, they got
voluntarily performs the obligation can recover married without informing Abe and Bea.
what he has delivered or the value of the services Believing that it was unfair not to have legally
he has rendered. adopted Christian, Abe and Bea decided to adopt
him. The court granted the adoption.
b. Natural obligations grant a right of action to
enforce their performance, and after voluntary a. Is Christian’s adoption valid?
fulfillment by the obligor, they authorize the Yes. Even assuming that Christian was already of
retention of what has been delivered or rendered legal age when Abe and Bea adopted him, the decree
by reason thereof. of adoption is still valid because a person of age can
c. When a testate or intestate heir voluntarily pays be adopted if he had been consistently considered and
a debt of the decedent exceeding the value of the treated by the adopter as his or her own child during
property, which he received by will or by the law minority.
of intestacy from the estate of the decedent, the b. What is the standing of Christian’s marriage to
payment is valid and cannot be rescinded by the Digna?
payor-heir.
Christian’s marriage to Digna is valid. Article 38 (8)
The statement in (c) is correct because an heir who of the Family Code expressly declares by reason of
pays the debt of a decedent in excess of his public policy that a marriage between adopted
inheritance is estopped from rescinding the payment. children of the same adopter is void. This prohibition
His only recourse is to recover the excess from the does not apply here because at the time of their
decedent’s estate.
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opinion to the buyer, nor do his statements to the inheritance. How shall Paterno’s estate of Php1.2
buyer constitute a warranty if he is just “talking up” million be distributed?
the merchandise (called “puffing”), even though the
The legal heirs of Paterno are Abe, Bea, Fidel, and
buyer may rely on such statements. Even the use of
Wendy. Eric is excluded by his mother Bea who is
the word “guarantee” adds little, considering how it
still alive. Fidel represents Carl who predeceased
was used. A statement of fact must be of the essence
Paterno. Greg is excluded because of the repudiation
of the subject matter.
of Dante. Marie is likewise excluded in view of the
Abe is liable for damages in (b) for breach of the survival of Paterno’s legitimate children.
obligation. Article 1170 of the Civil Code refers to
In addition to their respective legitimes, Abe, Bea,
incidental fraud (dolo incidente) committed in the
Fidel and Wendy are entitled to equal shares in the
performance of an obligation already existing
free portion of Php400,000. Therefore, the final
because of a contract. Here, Abe is liable because he
distribution of Paterno’s estate is as follows:
deviated from his agreement with Tessie to decorate
the centerpieces with a bunch of yellow roses. Abe 200,000 plus 100,000
Bea 200,000 plus 100,000
Abe is liable for damages in (c) because he deviated
Fidel 200,000 plus 100,000
from his undertaking to transport Rey and his friends
Wendy 200,000 plus 100,000
on board a 4x4 vehicle which is an essential element
of the undertaking given the difficult terrain of in
reaching the summit of Mt. Pinatubo.
QUESTION NO. 187
With her deceased first husband, Bea begot two
Bea can sue for annulment of the sale with damages children, Don and Eric. With her deceased second
in (d) on the ground that Ana committed fraud in husband, Bea begot Fidel, Greg, Henry, and Inigo.
inducing Bea to agree to the sale. It is clear here that Bea died last year followed by Don who died this
had Bea known that she was not buying a genuine year without a will. Don was survived by all his
diamond ring, she would not have consented to the siblings. The net value of Don’s estate is Php1.2
sale. million.
QUESTION NO. 185 a. How shall Don’s estate be distributed?
Abe, 70, lends Rey Php1 million with interest at The rule of double share for full-blood relative
15% per annum. When the loan fell due, Rey applies. Here, Eric is entitled to a share double that of
attempted to deliver a personal check to Abe, his half-siblings Fidel, Greg, Henry, and Inigo.
inclusive of the stipulated interest, but Abe refuses Therefore:
to see him. Apparently, Abe suffers from Eric 400,000
dementia; and there is a pending proceeding to Fidel 200,000
place him under guardianship. The court has Greg 200,000
temporarily placed Abe in the care of his nephew, Henry 200,000
Larry, as guardian ad litem pending the issuance Inigo 200,000
of letters of guardianship that will officially ________
appoint Larry as Abe’s guardian. What is Rey’s 1.2 million
remedy?
b. Suppose Don’s siblings had predeceased him,
Rey is obliged to tender the payment to Larry and the only survivors are his nephew, John, the
pursuant to Article 1240 of the Civil Code which legitimate son of Eric, and his nephews, Kurt and
provides that payment shall be made to the person in Lyle, the legitimate children of Henry, how
whose favour the obligation has been constituted, or should the estate be divided?
his successor in interest, or any person authorized to The rule of double share for full-blood collateral still
receive it. Since Abe, the creditor, was placed in the applies. If there are nephews and nieces surviving the
care of a temporary guardian ad litem who is decedent, relationship by the whole or half-blood
authorized to administer Abe’s estate pending the becomes material in the distribution of the estate.
appointment of a permanent guardian, the temporary Here, all the nephews inherit in their own right
guardian is decidedly a person authorized to receive because they do not concur with an uncle or aunt.
the payment.
John 600,000
QUESTION NO. 186 Kurt
Lyle
300,000
300,000
Paterno, 87, died of a heart attack without a will. ________
Surviving Paterno were his widowed mother 1.2 million
(Marie); his wife (Wendy); his legitimate children
(Abe and Bea); his grandson (Eric) who is the son
QUESTION NO. 188
of Bea; another grandson (Fidel) who is a After securing a marriage license, Abe and Bea,
legitimate son of Carl, Paterno’s legitimate son both residents of Manila, went to the Office of the
who died five years ago; and another grandson Mayor of Baguio City, to get married. The mayor
(Greg) who is the legitimate son of Dante, a was not at his office but a secretary at the office
legitimate son of Paterno who repudiated his asked Abe and Bea and their witnesses to fill up
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and sign the marriage contract forms. Thereafter, Yes. Juan’s remedy is to file an action for the
the secretary went out of the office to look for the recovery of the property or for declaration of nullity
mayor who she found in another office holding a of the sale on the ground that the contract of sale is
meeting. The mayor signed all copies of the void for being contrary to public policy.
marriage contract and gave them back to the
b. Has the action prescribed?
secretary who returned to the office. The
secretary then gave a copy of the marriage The action has not yet prescribed. The sale of the
contract to Abe and Bea and told them they are land by Maria to Pedro four years after the issuance
already married. What is the legal standing of the of the free patent, being in violation of Section 118 of
marriage? the Public Land Act, is void from its inception.
Juan’s action to declare the nullity of the contract
The marriage is void because the mayor did not
and to recover the land should therefore be given due
perform a ceremony. A marriage ceremony is one
course. The defense of prescription is even untenable
which takes place with the appearance of the
because an action which seeks to declare nullity of a
contracting parties before the solemnizing officer and
contract does not prescribe. (Art. 1410, Civil Code)
their personal declaration that they take each other as
husband and wife in the presence of not less than two c. Can Pedro successfully invoke the pari delicto
witnesses of legal age. (Article 3[3], Family Code) doctrine rule in his defense?
QUESTION NO. 189 No. While as a rule, parties who are in pari delicto
have no recourse against each other on the principle
Ana is the wife of Abe. Abe was among the that a transgressor cannot profit from his own
passengers on board a passenger plane that wrongdoing (Art. 1412[1], Civil Code), such rule
mysteriously crashed in 2002. Five years after the does not apply to violations of Section 118 of the
crash, and believing that her husband had died in Public Land Act. This is so because of the underlying
the crash, Ana married Rey. The marriage was public policy in said law to conserve the land which a
performed without Ana obtaining a prior judicial homesteader has acquired by gratuitous grant from
declaration of her missing husband’s presumptive the government for himself and his family.
death. Ten years later, the authorities found the
remnants of the plane. After a diligent search, QUESTION NO. 191
Abe’s body was recovered. Per official report
Abe and Bertha, both of marriageable age and not
submitted by government officials on the cause of
suffering from any impediment, are living
the accident, no passenger survived in the plane
together as husband and wife without the benefit
crash. What is the status of Ana’s marriage to
of marriage. Not able to beget a child after five
Rey?
years of cohabitation, they sought medical advice
The marriage is valid because there was no from a doctor. After some tests, the doctor found
impediment to the valid celebration of Ana’s second Abe to be sterile. Longing to have a child, Bertha
marriage, Ana’s husband being dead at that time. underwent artificial insemination using the sperm
That there was no prior judicial declaration of of Abe’s brother, Rey. The consent of the three to
presumptive death of Ana’s husband before Ana’s the procedure was reduced in writing. Lea later
remarriage is of no moment because it turned out that gave birth to Larry. Which of the following
the husband died in the plane crash thereby removing statements accurately describes Larry’s status?
any impediment to Ana’s remarriage.
a. Larry is the legitimate child of Abe and Bertha
because their consent to the medical procedure
was in writing pursuant to law.
b. Larry is the illegitimate child of Abe and
QUESTION NO. 190 Bertha because the couple are not married.
Maria, an illiterate widow, verbally sold to Pedro c. Larry is the illegitimate child of Rey and
in 1978 the farm which she and her deceased Bertha because they are the biological parents.
husband had acquired by way of free patent from
the government in 1974. After receiving the d. Larry is the illegitimate child of Bertha
agreed purchase price, Maria vacated the because she is not married and there is no
property and turned over possession to Pedro. presumption as to who the father is.
Shortly after Maria’s death in 1994, Pedro e. There is no presumption as to Larry’s status.
attempted to resell the farm, but failed to do so
because the title remained in Maria’s name. The statement in (e) is correct because there is no law
Informed of the attempted sale, Maria’s only which provides for the status of a child born of
child, Juan, demanded that Pedro vacate the artificial insemination procured by persons who are
property and return it to Juan. Juan is aware of not lawfully married, as in the case of Abe and
the previous sale but he was a still minor at the Bertha.
time of the sale. The statement in (a) is wrong. Larry is not the
a. Does Juan still have a remedy? legitimate child of Abe and Bertha because they are
not lawfully married. This is clear from the provision
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under the second paragraph of Article 164 of the Abe’s marriage to Cynthia is valid because Ben’s
Family Code which declares that children conceived killing by Abe was not for the purpose of marrying
as a result of artificial insemination of the wife with Cynthia, but in line with his duty as a narcotics agent.
the sperm of the husband or that of a donor or both
e. Arnold, single, adopted Brad. Carol, also single,
are legitimate children of the husband and his wife
adopted Dina. Arnold and Carol get married.
provided that both of them authorized or ratified such
Fifteen years later, Brad marries Dina.
insemination in writing before the birth of the child
and recorded in the civil registry together with the The marriage is valid because it is not contrary to
birth certificate of the child. public policy. While Article 38 (8) of the Family
Code prohibits the marriage between adopted
The statement in (b) is wrong because Larry is not
children of the same adopter, Brad and Dina are not
the illegitimate child of Abe and Bertha. The
the adopted children of the same adopter – Brad
provision under Article 165 of the Family Code that
being the adopted child of Arnold, and Dina being
“children conceived and born outside a valid
the adopted child of Carol.
marriage are illegitimate” is applicable only when the
child was naturally conceived, and not through f. Abe is Bea’s husband. Upon Abe’s death, Bea
artificial insemination. marries Pedro, the widowed father of Abe.
The statement in (c) is wrong for the same reason The marriage is void because it is a marriage between
stated in the preceding paragraph. a father-in-law and a daughter-in-law which is
prohibited under Article 38 (3) of the Family Code
The statement in (d) is wrong for the same reason
for being contrary to public policy.
stated in the preceding paragraph.
g. Maria, single, adopted Carol, the infant
QUESTION NO. 192 daughter of her driver. A few years later, Maria
Determine the validity of the following marriages: gives birth to David out of her relationship with
her boyfriend, Abe, a good for nothing gigolo.
a. Abe is married to Bea, while Carol is married to Maria doted on Carol and treated her as if she
David. Abe and Carol are legitimate brother and were her son. Maria also took care of David and,
sister, respectively. Upon the death of Abe and together with Carol, sent both children to
Carol who died in the same plane crash, Bea exclusive schools. In college, David falls in love
marries David. with, and marries Carol.
The marriage is valid because it is neither incestuous The marriage is valid because it is not contrary to
nor contrary to public policy. Article 38 of the public policy. While Article 38 (7) of the Family
Family Code enumerates the marriages which are Code prohibits the marriage between an adopted
void by reason of public policy. Bea’s marriage to child and a legitimate child of the adopting parent,
David is not one of those prohibited. there is no similar prohibition regarding the marriage
b. Abe, the only son of Pedro, is lawfully married between an adopted child and an illegitimate child of
to Bea, the only daughter of Maria. Pedro a the adopting parent.
widower, later marries Maria who is herself a
widow.
QUESTION NO. 193
Pedro, an illegitimate person, dies without a will.
The marriage is valid because it is neither incestuous
He is survived by his father (Fidel); his widow
nor contrary to public policy. Article 38 of the
(Wanda); his brother (Arnel); and his two other
Family Code enumerates the marriages which are
brothers (Ben and Cosme), the children of his
void by reason of public policy. Pedro’s marriage to
father from a lawful marriage. The net value of
Maria is not one of those prohibited.
Pedro’s estate is Php1.2 million. What are the
c. Pedro is a widower, while Maria is a widow. distributive shares of the heirs?
Being sweethearts in high school, they rekindled
Only Fidel and Wanda are entitled to inherit from
their long lost love and got married. After several
Pedro’s estate, at Php600,000 each. Illegitimate
years, Abe, Pedro’s son by his former marriage,
parents, such as Fidel, do not exclude the surviving
marries Bea, Maria’s daughter by her deceased
spouse. Arnel, Ben, and Cosme, Pedro’s brothers, are
husband.
not entitled to inherit because they are excluded by
The marriage is valid because it is neither incestuous Fidel under the principle of preference of line.
nor contrary to public policy. Abe and Bea are
stepbrother and stepsister, respectively. Article 38 of QUESTION NO. 194
the Family Code enumerates the marriages which are Tristan named his legitimate children (Arnel and
void by reason of public policy. Abe’s marriage to Ben) and his friend (Fidel) as his heirs to an estate
Bea is not one of those prohibited. of Php6 million. Tristan dies. Divide the estate.
d. Abe, a narcotics agent, kills Bene, a notorious The institution of Arnel, Ben and Fidel concerns only
drug pusher. Abe is later acquitted of Ben’s the free disposal of Php3 million. Arnel and Ben are
killing, and marries Cynthia, Ben’s widow. first given their respective legitimes (Php1.5 million
each. The free disposal is then divided equally among
the three instituted heirs:
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legitimacy or may have been declared as an THIRD: A torrens title issued pursuant to a
adulteress. (Liyao v. Liyao, 378 SCRA 563 [2002]) homestead patent, free patent, or sales patent under
the Public Land Act has the same force and effect as
QUESTION NO. 207 a Torrens title.
In his will, Tom named his legitimate children FOURTH: The operative act that conveys or affects
(Abe and Ben) and his friend (Fidel) as his a registered land is the act of registration insofar as
universal heirs. Abe predeceased his father (Tom) third persons are concerned.
without any descendant to inherit from him. Tom
died with an estate valued at Php600,000. Divide FIFTH: No title to registered land in derogation of
the estate. the title of the registered owner shall be acquired by
prescription or adverse possession. However, the
Abe’s supposed share in the legitime (Php150,000) registered owner may be barred from invoking the
goes to his brother, Ben, who will inherit it in his imprescriptibility of his title by virtue of the equitable
own right since it is the legitime. Abe’s share in the principle of laches. (Heirs of Batiog-Lacamen v.
free portion (Php50,000) will go equally to Ben and Heirs of Lauran, 65 SCRA 605)
Fidel by accretion since it is the proportion in which
they were instituted to the free portion. If Fidel SIXTH: Torrens titles are not subject to collateral
predeceases Tom, his share in the free portion will go attack. It cannot be altered, modified, or cancelled,
to Abe and Ben by accretion. It is so because they except in a direct proceeding in accordance with law.
were instituted as voluntary heirs. QUESTION NO. 210
Which of two titles is superior: an earlier title
secured administratively or a later title secured
through a judicial proceeding?
QUESTION NO. 208 The person holding the prior certificate of title is
Paco has three legitimate brothers (Abe, Ben, and entitled to the land as against the person who relies
Chad) Abe predeceases Paco, but he is survived by on the second certificate. Pursuant to Section 32 of
his legitimate child, Arnel. Ben is incapacitated, P.D. No. 1529, upon the expiration of one year from
but he has two legitimate children, Brad and the issuance or entry of the decree of registration, the
Bien. Chad repudiates the inheritance. How shall decree and certificate shall become indefeasible and
Paco’s intestate estate of Php1.2 million be incontrovertible. This provision also applies to titles
distributed? acquired through homestead or other public land
patents. (Lahora v. Dayanghirang, 37 SCRA 346)
The Php400,000 share of Abe who predeceased his
brother, Paco, goes to his legitimate child, Arnel, by QUESTION NO. 211
representation. The Php400,000 share of Ben who is
incapacitated to inherit goes to his legitimate If the title of a land applicant to a public
children, Brad and Bien, also by representation, or agricultural land is incomplete or imperfect, what
Php200,000 each. The Php400,000 share of Chad is his ultimate remedy under the law?
who repudiated the inheritance goes to Arnel, Brad If the applicant of a parcel of land cannot sustain his
and Bien by accretion in the same proportion that claim of private ownership or does not have enough
they inherit, or in the proportion of 2:1:1. evidence to overcome the presumption that the land
Arnel 400,000 by representation belongs to the public domain under the Regalian
200,000 by accretion Doctrine, his ultimate recourse is to admit that the
land is a public land but invoke his right to confirm
Brad 200,000 by representation his imperfect or incomplete title to the land under
100,000 by accretion Section 48 of the Public Land Act, C.A. No. 141.
Bien 200,000 by representation
100,000 by accretion
QUESTION NO. 212
QUESTION NO. 209
Which of the following marriages would a court
What are the essential characteristics of a decree most likely declare void?
of registration or certificate of title?
a. Abe and Bea are married and have a son,
FIRST: A decree of registration or the corresponding Charlie, who is 19. David and his girlfriend,
certificate of title binds the land, quiets title thereto, Elnora, have a daughter, Fiona, who is 18. Abe
and is conclusive against all persons, including the and David are brothers. Charlie and Fiona got
government. marriage last year with the consent of their
SECOND: After one year from its entry or even parents.
earlier in cases where title to the land has been b. Arnulfo and Anabelle are husband and wife.
transferred to an innocent purchaser for value, the Anabelle died of pancreatic cancer two years
decree becomes final and incontrovertible. ago. Distraught by his wife’s death, Arnulfo
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married Angela, 26. Anabelle and Angela are same rights as legitimate children. (Art. 179, Family
sisters. Code)
The marriage in (a) between Charlie and Fiona Dina is also entitled to inherit because she is the
would most likely be declared void, but not the legitimate daughter of Tina, Abe’s sister. That Dina
marriage in (b) between Arnulfo and his sister-in- was adopted by an American couple does not
law, Angela. disqualify her to inherit from Abe because an adopted
child remains an intestate heir of his parents and
The marriage in (a) is void because Charlie and Fiona
other blood relatives.
are first cousins. Their marriage is void under Article
Ana is not qualified to inherit from Abe because of
38 (a) of the Family Code because they are collateral
her status as an illegitimate child of Rey. An
relatives within the fourth civil degree of
illegitimate child has no right to inherit ab intestato
consanguinity, and it doesn’t matter whether their
from the legitimate relatives of his father or mother.
relationship is illegitimate.
(Art. 992, Civil Code). Since Abe is a legitimate
The marriage in (b) is valid because Arnulfo was no brother of Rey, Ana is therefore excluded from Abe’s
longer suffering from any impediment when he inheritance.
married his sister-in-law, Angela. A marriage
Candy is also not qualified to inherit from Abe
between a brother-in-law and a sister-in-law is valid
because of her status as an adopted child of Sam,
because it is not one of those prohibited by law for
Abe’s brother. Candy’s relationship with Sam, her
reasons of public policy. (Art. 38, Family Code)
adoptive father, is purely personal between them and
QUESTION NO. 213 does not extend to Abe.
d. Dina, the daughter of Tina, the latter being b. Abe intends to borrow money from Ben to
Abe’s legitimate sister. Shortly after Dina’s finance a business. Clay, a friend of Abe, tells
birth, Tina and her husband died in an Ben to extend the loan to Abe and represents
accident. Dina was later adopted by an that Abe financially able in paying the loan
American couple. obligation.
Who is entitled to inherit from Abe? c. Abe sells to Rey a car for Php150,000.
Only Bea and Dina are entitled to inherit from Abe. d. Abe assigns his leasehold rights to Rey for the
Bea is entitled to inherit because she is Abe’s niece, remainder of the lease period.
she being the legitimated daughter of Sam, Abe’s The agreement in (d) need not comply with the
legitimate brother. A legitimated child shall enjoy the Statute of Frauds. The contracts which are required to
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be in writing to be enforceable are those enumerated attributes her failure to conceive a child to the fact
under Article 1403 (2) of the Civil Code. The list is that Abe’s family has a history of fertility
exclusive. An assignment of leasehold rights, even if problem. Anxious to have a child, Bea secretly had
the lease involves real property, is not among the herself artificially inseminated with the sperm of
contracts which is required to be in writing to be an unnamed donor. When Abe discovered Bea’s
enforceable. Inclusio unius, est exclusio alterius. pregnancy through this procedure, he
immediately commenced an action for legal
The agreements in (a), (b), and (c) are required to be
separation. Will Abe prevail?
in writing because they all fall under the Statute of
Frauds. The agreement in (a) constitutes a special Abe will not prevail because Bea is neither guilty of
promise to answer for the debt, default or miscarriage sexual infidelity nor of any other ground for legal
of another; the agreement in (b) constitutes a separation under Article 55 of the Family Code.
representation as to the credit of another; while the Abe’s only remedy in law is to impugn the legitimacy
agreement in (c) involves the sale of personalty the of the child on grounds that his wife procured the
price of which is in excess of Php500.00. artificial insemination without his consent.
Therefore, if Tessie wants to enforce this promise, available in writing the details and finality of the sale.
the promise must be proved through something in It served all the purposes of the written notice, in a
writing, and Abe needed to sign the writing. Abe’s more authentic manner than any other writing could
promise falls squarely within the Statute of Frauds. have done. As a necessary consequence, the 30-day
period for the legal redemption by Ben began to run
QUESTION NO. 223 its course from and after May 5, ending on June 5.
Andy and Ben inherited from their parents a QUESTION NO. 224
farm. On January 1, Andy sold his half interest
over the property to Celso for Php500,000. Ben What is Republic Act No. 9048?
learned of the sale on May 5 when Andy gave him Republic Act No. 9048 which took effect on April
a copy of the sale document. Ben went to Celso 22, 2001 is the law which expanded the basic quasi-
and offered to redeem Andy’s share for judicial duties and functions of Civil Registrars as
Php550,000. Ben offered his check of Php400,000 provided under paragraph c, Section 479 of the Local
as partial payment, and promised to pay the Government Code. It amended Articles 376 and 412
balance in 60 days upon the approval of his bank of the Civil Code by granting the city and municipal
loan. Celso refused. On July 20, Ben launched an registrars the authority to correct clerical or
action against Celso for legal redemption. typographical errors and to change first names or
a. Did Ben make a valid and effective offer to nicknames in the civil registrar without need of
redeem Andy’s share? judicial order.
No. The law, in granting unto a co-owner the right of QUESTION NO. 225
redemption, intended that the offer to redeem must be
valid and effective, accompanied by an actual tender What kind of clerical or typographical errors may
of an acceptable redemption price. Here, Ben failed be corrected administratively under R.A. No.
to make a valid tender of the redemption price. Ben 9048?
merely offered a check for P400,000, which was not The clerical or typographical errors which may be
even legal tender and which Celso rejected. administratively corrected under R.A. No. 9048 are
Celso was not obligated to accept Ben’s promise to limited to those mistakes committed in the
pay the balance by means of a loan to be performance of clerical work in writing, copying,
obtained from a bank. Bona fide redemption transcribing, or typing an entry in the civil register
necessarily imports a seasonable and valid tender of that are harmless and innocuous, which are visible to
the entire repurchase price, and this was not done. the eyes, obvious to the understanding, and can be
There is no cogent reason for requiring Celso to corrected or changed only by reference to other
accept payment by instalments from a redemptioner, existing record or records.
as it would ultimately result in an indefinite extension
of the 30-day redemption period, when the purpose of
QUESTION NO. 226
the law in fixing a short and definite term is clearly to What kind of errors are not correctible under RA
avoid prolonged and anti-economic uncertainty as to 9048?
ownership of the thing sold.
Those errors that involve the change of nationality,
All told, the offer to redeem was not in pursuance of age, or status of the petitioner are excluded from the
a legal and effective exercise of the right of coverage of the law. Consequently, any petition to
redemption as contemplated by law; hence, refusal of correct any error that would subsequently change the
the offer on the part of Celso is justified. The nationality, age, or status of a person shall be filed
conditions precedent for the valid exercise of the with the proper court, and not with any local civil
right do not exist registrar.
b. Suppose Ben offered to pay in cash the
redemption price, and Celso refused, did Ben
QUESTION NO. 227
seasonably file his complaint for legal redemption On what ground may a petition for change of first
on July 20? name be filed under RA 9048?
No, the complaint was filed out of time. Article 1623 Under RA 9048, the following are the grounds for the
of the Civil Code does not prescribe any particular change of a person’s first name: a) the petitioner
form of notice, nor any distinctive method for finds the first name or nickname to be ridiculous,
notifying the redemptioner. So long, therefore, as the tainted with dishonor, or extremely difficult to write
redemptioner is informed in writing of the sale and or pronounce; b) the new first name or nickname has
the particulars thereof, the 30 days for redemption been habitually and continuously used by the
start running, and the redemptioner has no real cause petitioner and he has been publicly known by that
to complain. first name or nickname in the community; c) the
change will avoid confusion. Any of these grounds, if
Here, Andy showed Ben a copy of the sale document
supported with convincing proof, will be sufficient
in favor of Celso on May 5. The furnishing of this
basis of changing a person’s first name.
copy is equivalent to the giving of written notice
required by law: it came from the vendor and made QUESTION NO. 228
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The entries are not clerical errors within the meaning inaalisan ko ng lahat at anumang mana
of RA. 9048. The correction of the date of marriage ang panganay kong anak na si Rey dahil
of the parents will affect the status of the child. siya ay naging lapastangan sa akin at ilang
beses s’yang nagsalita ng masama sa
The civil registrar was correct in denying the
harapan ko at kapatid niya na si Mimi na
correction of the entries in Caroline’s certificate of
labis kong ikinasama ng loob ko.”
birth considering that Carol’s surname should have
followed that of her mother’s because she was born Rey opposes the will on grounds that it does not
illegitimate. Moreover, the date and place of Carol’s contain any disposition of estate and therefore
parents are erroneous because of the principle in civil does not meet the definition of a will under Article
registration that only the facts obtaining at the time of 783 of the Civil Code. Rey claims that the will only
birth shall be recorded in the birth certificate and not shows an alleged act of disinheritance by Abe of
those facts prevailing at the time of registration his son, Rey, and nothing else; that all other
compulsory heirs were not named nor instituted
QUESTION NO. 234 either as heirs, as legatees or as devisees, hence;
Abe and Bea, both 14 years old, eloped. A there is preterition which would result in
daughter, Joy, was born to them when they were intestacy.
16 years old. When they reached the age of 19, a. Is the document a valid holographic will?
they got marriage with the consent of their
parents. Is Joy legitimated by the marriage of her Yes. A holographic will, as provided under Article
parents? 810 of the Civil Code, must be entirely written,
dated, and signed by the hand of the testator. It is
Yes. Under RA 9858, children born to parents below subject to no other form, and may be made in or out
marrying age may now be legitimated. R.A. No. 9858 of the Philippines, and need not be witnessed. An
amended Article 177 of the Family Code to the effect intent to dispose mortis causa can be clearly deduced
that if the child born to parents are disqualified to from the terms of the instrument, and while it does
marry each other because they are below 18 years of not make an affirmative disposition of the testator’s
age, the child may be legitimated by the subsequent property, the disinheritance results in the disposition
marriage of the parents. Article 177 of the Family of the property of the testator in favor of those who
Code, as amended by R.A. 9858, now reads: would succeed in the absence of Abe.
“Children conceived and born outside of wedlock of
parents who, at the time of the conception of the It is a fundamental principle that the intent or the will
former, were not disqualified by any impediment to of the testator, expressed in the form and within the
marry each other, or were so disqualified only limits prescribed by law, must be recognized as the
because either or both of them were below eighteen supreme law in succession. Accordingly, the
(18) years of age, may be legitimated.” document, even if captioned as Kasulatan sa Pag-
aalis ng Mana, was intended by Abe to be his last
QUESTION NO. 235 testamentary act and was executed by him in
accordance with law in the form of a holographic
The attestation clause of a will reads: “x x x and will. Unless the will is probated, the disinheritance of
he (the testator) signed at the bottom of the Rey cannot be given effect.
aforesaid will in our presence and we at his request
did the same in his presence and in that of each b. Is there a valid disinheritance of Rey?
other as witnesses to the will, and lastly, the testator, Yes. For disinheritance to be valid, Article 916 of the
as well as we, as witnesses, signed in the same Civil Code requires that the same must be effected
manner on the left margin of each sheet.” through a will wherein the legal cause therefore shall
Is the attestation clause sufficient? be specified. With regard to the reason for
disinheritance that was stated by Juan in his
The attestation clause is sufficient because the words document, the same can be considered a form of
“in the same manner” mean nothing but that the maltreatment of Abe by his son, Rey, and that the
testator and the witnesses signed on the left margin matter presents a sufficient cause for the
of each sheet of the will “in the same manner” in disinheritance of a child or descendant under Article
which they signed at the bottom thereof, that is, the 919 of the Civil Code.
testator in the presence of the witnesses and the
latter in the presence of the testator and of each other c. Is there preterition of compulsory heirs?
(Fernandez v. Vergel de Dios 46 Phil. 922 [1936) No. Abe’s holographic will was his last expression to
bequeath his entire estate to all his compulsory heirs,
QUESTION NO. 236 with the sole exception of Rey. Also, Abe did not
Abe executes a document in his handwriting institute an heir to the exclusion of his other
denominated as “Kasulatan sa Pag-aalis ng compulsory heirs. The mere mention of the name of
Mana.” The document reads: Abe’s daughter did not operate to institute her as a
universal heir. Her name was included plainly as a
“Ako, si Abe, may asawa, naninirahan sa witness to the alteration between Abe and his son,
465-A Flores St., Ermita, Manila, at Rey.
nagtataglay ng maliwanag na pag iisip at
disposisyon, ay tahasan at hayagang
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Since the document is Abe’s holographic will, and Since Ben predeceased Abe, the testator, his
that the law favors testacy over intestacy, the probate legitimate children Greg and Homer shall represent
of the will cannot be dispensed with. Thus, unless the him in the succession. The same is true in the case of
will is probated, the rights of a person to dispose of Charlie, since he is incapacitated to inherit from his
his property may be rendered nugatory. (Seangio v. father because of an act of unworthiness. His
Reyes, 508 SCRA 177 [2006]) legitimate child, Inigo, shall represent him in the
succession. Also, John, Karl, Lito and Manuel shall
QUESTION NO. 237 inherit by right of representation because their father,
A will contains the following disposition: “I Dante, was disinherited. It is different in the case of
institute my brother, Juan, as my universal heir Enrico. An heir who repudiates his inheritance cannot
because he had killed my political rival.” The be represented. (Art 977, Civil Code) The legitime of
testator himself had nothing to do with the crime. Enrico shall be distributed in accordance with the
Is the institution valid? rules on intestate succession, while his share as a
voluntary heir shall accrue to his co-heirs, Ben,
The institution is valid. The mere statement of a Charlie, Dante and Fidel. But Ben is already dead,
cause contrary to law will not invalidate a will nor Charlie is incapacitated, and Dante was disinherited.
invalidate an institution, so long as it does not appear The only living and capacitated heir is Fidel. Thus:
in the will that such illegal cause is the only
motivating factor for the institution. The principle Fidel 100,000 as compulsory heir
underlying the rule on the statement of a false cause 100,000 as voluntary heir
under Article 850 of the Civil Code should also apply 100,000 by right of accretion from B
in the case of an illegal cause, if the true cause is the 100,000 by right of accretion from C
generosity of the testator, and the disposition is 100,000 by right of accretion from D
essentially based on the affection of the testator, the 100,000 by right of accretion from E
mere statement of an illegal cause should not impair 25,000 as legal heir
the institution. But if it clearly appears from the will Greg 50,000 by right of representation
itself that the testator’s only reason for making the 12,500 as legal heir
disposition is the illegal cause, then the disposition
should be void. Homer 50,000 by right of representation
12,000 as legal heir
QUESTION NO. 238 Inigo 100,000 by right of representation
Abe donated to his nephew, Rey, a house and lot 25,000 as legal heir
valued at Php1 million. Due to business reverses, John 25,000 by right of representation
Abe died poor ten years later. Larry, Abe’s son, 6, 250 as legal heir
immediately commenced an action to recover the
donated property on grounds that his legitime has Karl 25,000 by right of representation
been impaired. The property is now valued at 6,250 as legal heir
Php5 million. Decide. Lito 25,000 by right of representation
The action, insofar as it seeks to reduce the donation, 6,250 as legal heir
will prosper because Larry’s legitime has been Manuel 25,000 by right of representation
impaired. Larry’s legitime is half of Abe’s estate. 6,250 as legal heir
However, what is to be collated to the estate is the
value of the property at the time of the donation and QUESTION NO. 240
not the value at the time of the donor’s death.
Accordingly, Larry is not entitled to half of the Judge Abe, a municipal trial court judge of
present value of the property (Php5 million), but only Naguilian, La Union, performed a marriage in
to half of its value of Php500,000 which Rey may Tuba, Benguet, upon written request of the
pay in cash. parties. Is the marriage valid?
Yes. The solemnization by a judge of a marriage
QUESTION NO. 239 outside his court’s jurisdiction is merely a resultant
Abe died in 1999. Before his death, he left a irregularity in a formal requisite laid down in Article
notarial will instituting his five sons, Ben, Charlie, 3 of the Family Code which, while it may not affect
Dante, Enrico and Fidel as his sole heirs. Ben died the validity of the marriage, may subject the
in 1997 in a vehicular accident. He left two officiating official to administrative liability.
children, Greg and Homer. Charlie, who has been (Navarro v. Domagtoy, 259 SCRA 137 [1996])
convicted of an attempt against the life of Abe, has
a son Inigo. Dante was disinherited for a cause not
QUESTION NO. 241
recognized by law. He is the father of John, Karl, Which voidable marriage is not susceptible of
Lito and Manuel. Enrico repudiated his ratification by cohabitation under the law?
inheritance because his father never accepted his
wife. They have two children, Nomer and Orly. Marriages which are voidable because of the physical
The net value of Abe’s hereditary estate is Php1 incapacity of a party to consummate the marriage and
million. Distribute the estate. those by reason of affliction of a party with a serious
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and incurable sexually-transmissible disease are not etched in stone. To be vested, a right must have
susceptible of ratification by cohabitation. (Art. 45, become a title – legal or equitable – to the present or
Nos. 5 & 6, Family Code) future enjoyment of property. In one case, the
Supreme Court reiterated its long standing ruling that
QUESTION NO. 242 “prior to the liquidation of the conjugal partnership,
Abe and Amy were married in 1978, or ten years the interest of each spouse in the conjugal assets is
before the Family Code. After 15 years of inchoate, a mere expectancy, which constitutes
marriage, Abe obtained a decree of legal neither a legal nor an equitable estate, and does not
separation after catching his wife having illicit ripen into title until it appears that there are assets in
relations with their neighbor. In the decree, the the community as a result of the liquidation and
court forfeited Amy’s share in the net profits settlement. The interest of each spouse is limited to
earned by the conjugal partnership in favor of her the net remainder resulting from the liquidation of the
children pursuant to Article 63(2) in relation to affairs of the partnership after its dissolution. Thus,
Article 129 of the Family Code. the right of the husband or wife to one-half of the
conjugal assets does not vest until the dissolution and
Amy quickly assailed the ruing claiming that the liquidation of the conjugal partnership, or after the
net assets of the conjugal partnership shall be dissolution of the marriage, when it is finally
computed in accordance with Article 102 of the determined that, after settlement of conjugal
Family Code, instead of Article 129. She claimed obligations, there are net assets left which can be
that Article 102 applies because there are no other divided between the spouses or their respective
provisions under the Family Code which defines heirs.”
net profits subject of forfeiture as a result of legal
separation. She argued that her veste23d right b. Is the computation of net profits earned in the
over half of the common properties of the conjugal partnership of gains the same with the
conjugal partnership is violated when the computation of net profits earned in the absolute
forfeiture is to be made pursuant to Article 129 in community?
relation to Article 63(2) of the Family Code. The term net profits is defined in Article 102(4) of
a. What law governs the property relations of the the Family Code. Under this provision, the term net
spouses given that they were married before the profits “shall be the increase in value between the
effectivity of the Family Code? What law governs market value of the community property at the time
the dissolution of their common properties since of the celebration of the marriage and the market
the decree of legal separation was issued after the value at the time of its dissolution.” Without any
Family Code is already in effect? doubt, Article 102(4) applies to both the dissolution
of the absolute community regime under Article 102
As to property relations, the spouses are governed by of the Family Code, and the dissolution of the
the regime of conjugal partnership of gains. This is so conjugal partnership regime under Article 129 of the
because they were married when the operative law Family Code. The difference lies in the processes
was the Civil Code. But as to the liquidation of their used under the dissolution of the absolute community
conjugal partnership assets, the Family Code is the regime under Article 102 of the Family Code, and in
law applicable because it is already the operative law the processes used under the dissolution of the
at the time of the dissolution of their conjugal conjugal partnership regime under Article 129 of the
partnership. Family Code.
The applicable law in so far as the liquidation of the
ABSOLUTE COMMUNITY REGIME: Applying
conjugal partnership assets and liabilities of Abe and
Article 102 of the Family Code, the “net profits”
Amy is concerned is Article 129 of the Family Code
requires a prior determination of the market value of
(provision on liquidation of the conjugal partnership)
the properties at the time of the community’s
in relation to Article 63 (effects of a decree of legal
dissolution. From the totality of the market value of
separation). The latter provision is applicable
all the properties, the debts and obligations of the
because according to Article 256 of the Family Code
absolute community are to be deducted and this will
”[t]his Code shall have retroactive effect insofar as it
result to the net assets or net remainder of the
does not prejudice or impair vested or acquired rights
properties of the absolute community, from which the
in accordance with the Civil Code or other law.”
value of the properties at the time of marriage is to be
Amy’s contention that her vested right over half of deducted, which then results to the net profits.
the common properties of the conjugal partnership is
CONJUGAL PARTNERSHIP REGIME: Applying
violated when her share in the conjugal partnership is
Article 129 of the Family Code, the “net profits”
forfeited in favor of her children pursuant to Article
requires a prior determination of the separate
63(2) and 129 of the Family Code has no basis.
properties and debts of the spouses under the
While it is true that the couple were married at the following procedure a) an inventory shall be
time when the operative law was the Civil Code, the prepared, listing separately all the properties of the
Family Code should be given retroactive application conjugal partnership and the exclusive properties of
for purposes of determining the “net profits earned” each spouse; b) amounts advanced by the conjugal
by the conjugal partnership which is subject to partnership in payments of personal debts and
forfeiture. A spouse’s claim of a vested right is not obligations of either spouse shall be credited to the
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PRE – WEEK REVIEW
Review Notes in Civil Law
Prof. Roney Jone P. Gandeza
conjugal partnership as an asset thereof; c) each since Amy is the guilty party, her share from the “net
spouse shall be reimbursed for the use of his or her profits” of the conjugal partnership is forfeited in
exclusive funds in the acquisition of property or for favor of the common children pursuant to Article
the value of his or her exclusive property, the 63(2) of the Family Code. Nothing will be returned to
ownership of which has been vested by law in the Amy because in the conjugal partnership regime,
conjugal partnership; d) the debts and obligations of there is no separate property which may be accounted
the conjugal partnership shall be paid out of the for in the guilty party’s favor. (Quiao v. Quiao, G.R.
conjugal assets. In case of insufficiency of said No. 176556, July 4, 2012)
assets, the spouses shall be solidarily liable for the
unpaid balance with their separate properties, in QUESTION NO. 243
accordance with the provisions of paragraph 2 of Abe is the owner of a farm which he leased to a
Article 121; e) whatever remains of the exclusive married couple. When the couple failed to pay
properties of the spouses shall thereafter be delivered rent, Abe sued for payment of their rental arrears.
to each of them; f) unless the owner had been The wife promptly moved to dismiss the complaint
indemnified from whatever source, the loss or on grounds that her husband is already dead, and
deterioration of movables used for the benefit of the that therefore Abe’s claim must be filed in the
family, belonging to either spouse, even due to proceedings for the settlement of her husband’s
fortuitous event, shall be paid to said spouse from the estate. May Abe sue the wife alone for collection
conjugal funds, if any; and g)the net remainder of the of a debt which is owed by the conjugal
conjugal partnership shall constitute the profits, partnership?
which shall be divided equally between husband and
wife, unless a different proportion or division was No. A creditor cannot sue the surviving spouse of a
agreed upon in the marriage settlements or unless deceased person in an ordinary proceeding for the
there has been a voluntary waiver or forfeiture of collection of a sum of money chargeable against the
such share as provided in the Family Code. conjugal partnership. The proper remedy is for the
creditor to file a claim in the settlement of the estate
c. Suppose that Article 102 of the Family Code of the deceased spouse. This is so because upon the
(which is a provision under the regime of absolute death of one spouse, the powers of administration of
community of property) is to apply in the instant the surviving spouse ceases and are passed to the
case, is Amy entitled to receive anything from the administrator appointed by the court having
absolute community? jurisdiction over the settlement of estate proceedings.
If Abe and Amy have no separate properties, the For marriages governed by the rules on conjugal
remaining properties of the couple are all part of the partnership of gains, an obligation entered into by the
absolute community. And its market value at the time spouses is chargeable against their conjugal
of the dissolution of the absolute community partnership and it is the partnership which is
constitutes the “market value at dissolution.” When primarily bound for its repayment. Thus, when the
Abe and Amy were legally separated, all the spouses are sued for the enforcement of an obligation
properties which remained will be liable for the debts entered into by them, they are joined in their capacity
and obligations of the community. Such debts and as representatives of the conjugal partnership and not
obligations will be subtracted from the “market value as independent debtors such that the concept of joint
at dissolution.” What remains after the debts and or solidary liability, as between them, does not apply.
obligations have been paid from the total assets of the (Alipio v. Court of Appeals, 341 SCRA 441 [2000])
absolute community constitutes the net remainder or
net asset. And from such net asset or net remainder of QUESTION NO. 244
the couple’s remaining properties, the market value at Can there be an easement over another easement?
the time of the marriage will be subtracted and the An easement over a usufruct? A usufruct over an
resulting totality constitutes the “net profits.” Since easement?
Abe and Amy have no separate properties, and
nothing would be returned to each of them, what will As to the first question: Yes, there can be an easement
be divided equally between them is simply the net over another easement. Article 629 of the Civil Code
profits. However, the trial court forfeited the half- provides that the owner of the servient estate must
share of Amy in favor of her children. Thus, if abstain from anything that will render the use of the
Article 102 is used in the instant case (which should easement more inconvenient to the owner of the
not be the case), nothing is left to Amy since both dominant estate. This is a negative easement which
parties entered into their marriage without bringing requires the owner of the servient estate not to impair
with them any property. in any manner whatsoever the use of the easement
(such as a right of way).
d. Given that Article 129 of the Family Code
applies to the liquidation of the conjugal assets of As to the second question: No, there cannot be an
Abe and Amy, is the latter entitled to receive any easement over a usufruct, but there can be an
property from the conjugal partnership? easement over a property held in usufruct.
No. What remains in the conjugal properties of Abe As to the third question: No, there cannot be a
and Amy (after payment of all debts and obligations) usufruct over an easement, but a usufruct may be
should be divided equally between them. However, established in a property burdened by an easement.
Page 54 of 58
WARNING: No part of this presentation may be copied, reproduced or transmitted in any form or by any means, electronic or mechanical, without prior written
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PRE – WEEK REVIEW
Review Notes in Civil Law
Prof. Roney Jone P. Gandeza
or naked ownership and control of the property while (Republic v. Rural Bank of Kabacan, Inc., et al., G.R.
alive; c) before his death, the transfer should be No. 185124, 15 January 2012)
revocable by the transferor at will; and d) the
transferor should be void if the transferor should QUESTION NO. 248
survive the transferee.
Abe owns a travel agency. In February 2004,
In the present case, the nature of the donation as under a deed of assignment, Abe transferred all
mortis causa is confirmed by the fact that the his business rights over the travel agency to Rey
donation does not contain any clear provision that for Php150,000. Abe and Rey agreed that Abe will
intends to pass proprietary rights to Amy prior to pay the bills for electricity, telephone, office
Abe’s death. The phrase “to become effective upon rentals, and salaries of employees up to December
the death of the donor” admits of no other 2004.
interpretation but that Abe did not transfer the
ownership of the property to Amy during his Without Abe’s consent, Rey paid all the utility
lifetime. Considering that the disputed donation is a bills amounting to Php107,000 after which he
donation mortis causa, the same partakes of the tendered to Abe the amount of Php43,000. Abe
nature of testamentary provisions and as such, must refused to accept the payment on the basis that the
be executed in accordance with the requisites on amount due is Php150,000.00 and not just
solemnities of wills and testaments under the Civil Php43,000. He asserted that for the tender of
Code. (Maglasang v. Heirs of Cabatingan, G. R. No. payment to be valid, Rey must tender the full
131953, June 5, 2002) amount of Php150,000 rather than just Php43,000.
Page 57 of 58
WARNING: No part of this presentation may be copied, reproduced or transmitted in any form or by any means, electronic or mechanical, without prior written
permission from the Villasis Law Center. Villasis Law Center operates a zero tolerance policy in relation to inappropriate behavior of students. Violators shall
be subject to prosecution under the law. All rights reserved by Villasis Law Center.
PRE – WEEK REVIEW
Review Notes in Civil Law
Prof. Roney Jone P. Gandeza
Page 58 of 58
WARNING: No part of this presentation may be copied, reproduced or transmitted in any form or by any means, electronic or mechanical, without prior written
permission from the Villasis Law Center. Villasis Law Center operates a zero tolerance policy in relation to inappropriate behavior of students. Violators shall
be subject to prosecution under the law. All rights reserved by Villasis Law Center.