LAST MINUTE TIPS ON CIVIL LAW

(COMPILATION OF 2022 NOTES

FROM VARIOUS SOURCES)

1.) X is a 16-year old master chess player. But he looks older than his age. He won many
competitions locally and abroad. TV Channel 5 approached him in one competition and
offered to make a biopic movie about his life. X agreed and he and the producer signed a
contract. After which X accepted the advance payment of P200,000.00. When the
movie came out, X’s parents were shocked to know that it was about their minor son.
They sued TV Channel 5 for annulment of contract because of X’s minority. TV Channel
5, however, defended that it did not know that X was still a minor. Should the contract
be annulled?

ANS:
• No, the contract should not be annulled. As a rule, a minor cannot enter into
contracts because of lack of capacity. However, as an exception, as held in several
decisions (e.g. Suan vs. Alcantara) of the Supreme Court, when a minor represents his
age and the other party is not aware of his minority, the minor is estopped and the
contract is valid and binding. In this case, X looks older than his age, he did not inform
TV Channel 5 that he is a minor and TV Channel 5 was not aware of his minority.
Furthermore, X even received the advance payment, thereby ratifying the contract.
Hence, the contract cannot be annulled.

2.) X and Y were sweethearts. Y impregnated X but Y immediately broke up with X.

During her pregnancy, X demanded from Y for financial support for their unborn child.
Y refused, claiming that an unborn child has no personality and is not entitled to
support. Is Y correct?

ANS:

No, Y is not correct. Under the Civil Code, personality begins at conception, provided
that the conceived child is born under the conditions favorable to it. Furthermore, in a
case decided by the Supreme Court (Quimiging vs. Icao), it was held that the unborn
child has a right to support from its progenitors even if the said child is only "en ventre
de sa mere”. In this case, there is no doubt that the unborn child is fathered by Y. Thus,
he is incorrect in refusing the demand for support.

3.) X and Y were married for seven years. Then Y met Z and they married. When X sued
Y for bigamy, Y tried to prove that his marriage to X was void due to lack of a marriage
license. Y presented a negative certification from the Local Civil Registrar where it was
stated that the Office does not have a copy of the marriage license. Is Y correct that their
marriage is void due to lack of a marriage license?

ANS:
No, Y is not correct. Under the Family Code, a marriage license is a formal requisite of
marriage. Its absence, however, cannot be presumed. In a case decided by the Supreme
Court (Vitangcol vs. People), it was held that the Certification that there is no record of a
marriage license does not suffice to establish that there was in fact no marriage license
was issued. In this case, the Office of the Local Civil Registrar simply certified that there
is no copy of the marriage license in its records. This cannot mean that there was in fact
no marriage license during the celebration of the marriage. Thus, Y’s defense that his
marriage to X is untenable.

4.) What is the probative value of the psychological report in a case for nullity of
marriage based on psychological incapacity?

ANS:

In several cases decided by the Supreme Court (e.g. Ngo-Te vs. Yu-Te), opinions of
experts like psychologists are important evidence and carries weight and may in some
cases be decisive in a case. The actual medical or psychological examination may be
dispensed with if the totality of evidence presented is enough to support a finding of
psychological incapacity.

5.) What is the status of a marriage where one of the spouses “refuses” to have sex? Void
or voidable?

ANS:

Under the Family Code, if the failure to have sex is due a physical inability or disability,
the marriage is voidable and can be annulled. However, in a case decided by the
Supreme Court (Chi Ming Tsoi vs. Lao Tsoi), if the failure or refusal is due to some
mental condition or disorder, then the marriage is void due to psychological incapacity
to perform an essential marital obligation.

6.) What is the effect of a make-up sex to a ground for legal separation?

ANS:

The “make-up sex” is deemed a condonation which is a defense to a ground for legal
separation. As held in a case decided by the Supreme Court (Bugayong vs. Ginez), a
single voluntary act of marital intercourse between the parties is sufficient to constitute
condonation.
4.) A decree for legal separation was issued, what are the consequences?

ANS

Under the Family Code, the following are the consequences or effects of legal
separation:

1. The parties can live separately but the marriage bond remains.
2. The property regime shall be dissolved and liquidated.
3. The guilty spouse shall not have a right to the net profits of the properties.
4. Custody of minor children shall be given to the innocent spouse.
5. Guilty spouse shall be disqualified to inherit ab intestato and provisions in the
will made before the legal separation shall be revoked.
6. Mutual support shall cease, but the court may award the innocent spouse
alimony.
7. Donations and designations as beneficiary in life insurance in favor of the guilty
spouse shall be nullified.

5.) Live in or common law spouses, with legal impediment, one is already married, what
is their property regime?

ANS:

Under the Family Code, where the parties are living together as common law spouses
with legal impediment, only the properties acquired by both of the parties through their
actual joint contribution of money, property, or industry shall be owned by them in
common in proportion to their respective contributions. Furthermore, if one of the
parties is validly married to another, his or her share in the co-ownership shall accrue to
the absolute community or conjugal partnership existing in such valid marriage.

6.) A lessee installs a machinery needed for his business in the leased premises. In the
lease contract, it was provided that upon the expiration of the lease, all improvements
introduced by the lessee shall belong to the lessor. What is the nature of the machinery
installed by the lessee? Immovable or movable?

ANS:

The machinery installed by the lessee is immovable property. Under the Civil Code, for a
machinery, a movable by nature, to be deemed immovable, it must be attached to an
immovable by the owner of the immovable property. This rule generally does not apply
if the one who attached it is a mere lessee. The exception, however, is when the lease
contract provides that the machinery installed by the lessee shall belong to the lessor
upon the expiration of the lease because in that case the lessee acts as an agent of the
lessor. Thus, in the problem given, the machinery installed is an immovable.
7.) Saul, a married man, had an adulterous relation with Tessie. In one of the trysts,
Saul's
wife, Cecile, caught them in flagrante. Armed with a gun, Cecile shot Saul in a fit of
extreme jealousy, nearly killing him. Four ( 4) years after the incident, Saul filed an
action for legal separation against Cecile on the ground that she attempted to kill him.
1. If you were Saul's counsel, how will you argue his case? 2.5%
2. If you were the lawyer of Cecile, what will be your defense? 2.5%
3. If you were the judge, how will you decide the case? 5%

ANS:

1.) If I were Saul’s counsel, I will argue that an attempt by the wife against the husband’s
life is a ground for legal separation. Under the Civil Code, one of the grounds for legal
separation is an attempt by the respondent against the life of the petitioner without the
necessity of a conviction in the criminal case for such ground to be invoked. Here, the
act of firing a shot which nearly killed Saul is sufficient to show that there was an
attempt by Cecile against the life of Saul, without the need of her conviction in the
criminal case. As such, I will argue that an attempt by the wife against the husband’s life
is a ground for legal separation.

2.) If I were the lawyer of Cecile, I will invoke Saul’s adultery as a defense. Under the
Civil Code, the principle of mutual guilt in relation to dissolution of marriages requires
that parties to such case must come to court with clean hands. Mutual guilt between the
parties is a ground for the dismissal of a case for legal separation. Here, the attempt by
Cecile against Saul’s life was predicated upon her discovery of the tryst between Saul
and Tessie. Such tryst constitutes adultery. It can be said therefore that both parties in
such case are in pare delicto and the case for legal separation should not be
countenanced by the court.
As such, I will invoke Saul’s adultery as a defense.

3. If I were the judge, I will dismiss the case for legal separation. Under the Civil Code,
an action for legal separation is imbued with public interest and in case of doubt as to
the existence of grounds, the same should be ruled in favor of upholding the validity and
sanctity of the marriage. Here, the mutual guilt of the parties precludes the court.

8.) Spouses Biong and Linda wanted to sell' their house. They found a prospective buyer,
Ray. Linda negotiated with Ray for the sale of the property. They agreed on a fair price
of P2 Million. Ray sent Linda .a letter confirming his intention to buy the property.
Later, another couple, Bernie and Elena, offered a similar house at a lower price of Pl.5
Million. But Ray insisted on buying the house of Biong and Linda for sentimental
reason. Ray prepared a deed of sale to be signed by the couple and a manager's check for
P2 Million. After receiving the P2 Million, Biong signed the deed of sale. However, Linda
was not able to sign it because she was abroad. On her return, she refused to sign the
document saying she changed her mind. Linda filed suit for nullification of the deed of
sale and for moral and exemplary damages against Ray.
1. Will the suit prosper? Explain. 2.5%
2. Does Ray have any cause of action against Biong and Linda? Can he also recover
damages from the spouses? Explain. 2.5%
ANS:

1. Yes, the suit will prosper.

Sale of community property requires written consent of both spouses. The failure or
refusal of Linda to affix her signature on the deed of sale, coupled with her express
declaration of opposing the sale negates any valid consent on her part. The consent of
Biong by himself is insufficient to effect a valid sale of community property (Art. 96,
Family Code; Abalos v. Macatangay, G.R. No. 155043, September 30, 2004).

2. Considering that the contract has already been perfected and taken out of the
operation of the statute of frauds, Ray can compel Linda and Biong to observe the form
required by law in order for the property to be registered in the name of Ray which can
be filed together with the action for the recovery of house [Art. 1357 New Civil Code]. In
the alternative, he can recover the amount of Two million pesos (P2,000,000.00) that
he paid. Otherwise, it would result in solutio indebiti or unjust enrichment.

Ray can recover moral damages on the ground that the action filed by Linda is clearly an
unfounded civil suit which falls under malicious prosecution (Ponce v. Legaspi,
G.R.No.79184, May 6,1992).

9.) Spouses Alfredo and Racquel were active members of a religious congregation. They
donated a parcel of land in favor to that congregation in a duly notarized Deed of
Donation, subject to the condition that the Minister shall construct thereon a place of
worship within 1 year from the acceptance of the donation. In an affidavit he executed in
behalf of the congregation, the Minister accepted the donation. The Deed of Donation
was not registered with the Registry of Deeds.

However, instead of constructing a place of worship, the Minister constructed a

bungalow on the property he used as his residence. Disappointed with the Minister, the
spouses revoked the donation and demanded that he vacate the premises immediately.
But the Minister refused to leave, claiming that aside from using the bungalow as his
residence, he is also using it as a place of worship on special occasions. Under the
circumstances, can Alfredo and Racquel evict the Minister and recover possession of the
property? If you were the couple's counsel, what action will you take to protect the
interests of your clients? 5%

ANS:

No, an action for ejectment will not prosper. I would advice Alfredo and Racquel that
the Minister, by constructing a structure which also serves as a place of worship,
has pursued the objective of the donation. His taking up residence in the bungalow
may be regarded as a casual breach and will not warrant revocation of the donation.
Similarily, therefore, an action for revocation of the donation will be denied (C.J.
Yulo & Sons, Inc. v. Roman Catholic Bishop, G.R. No. 133705, March 31, 2005; Heirs of
Rozendo Sevilla v. De Leon, G.R.No.149570, March 12, 2004).

Article 33. Article 33. In cases of defamation, fraud, and physical injuries a civil action
for damages, entirely separate and distinct from the criminal action, may be brought by
the injured party. Such civil action shall proceed independently of the criminal
prosecution, and shall require only a preponderance of evidence.

Article 43. If there is a doubt, as between two or more persons who are called to
succeed each other, as to which of them died first, whoever alleges the death of one prior
to the other, shall prove the same; in the absence of proof, it is presumed that they died
at the same time and there shall be no transmission of rights from one to the other.

Article 493. Each co-owner shall have the full ownership of his part and of the fruits
and benefits pertaining thereto, and he may therefore alienate, assign or mortgage it,
and even substitute another person in its enjoyment, except when personal rights are
involved. But the effect of the alienation or the mortgage, with respect to the co-owners,
shall be limited to the portion which may be allotted to him in the division upon the
termination of the co-ownership

Article 638. The banks of rivers and streams, even in case they are of private
ownership, are subject throughout their entire length and within a zone of three meters
along their margins, to the easement of public use in the general interest of navigation,
floatage, fishing and salvage.

Estates adjoining the banks of navigable or floatable rivers are, furthermore, subject to
the easement of towpath for the exclusive service of river navigation and floatage.

Article 1293. Novation which consists in substituting a new debtor in the place of the
original one, may be made even without the knowledge or against the will of the latter,
but not without the consent of the creditor. Payment by the new debtor gives him the
rights mentioned in articles 1236 and 1237.

Article 1227. The debtor cannot exempt himself from the performance of the
obligation by paying the penalty, save in the case where this right has been expressly
reserved for him. Neither can the creditor demand the fulfillment of the obligation and
the satisfaction of the penalty at the same time, unless this right has been clearly
granted him. However, if after the creditor has decided to require the fulfillment of the
obligation, the performance thereof should become impossible without his fault, the
penalty may be enforced.

Article 1388. Whoever acquires in bad faith the things alienated in fraud of creditors,
shall indemnify the latter for damages suffered by them on account of the alienation,
whenever, due to any cause, it should be impossible for him to return them.
If there are two or more alienations, the first acquirer shall be liable first, and so on
successively.

Article 1397. The action for the annulment of contracts may be instituted by all who
are thereby obliged principally or subsidiarily. However, persons who are capable
cannot allege the incapacity of those with whom they contracted; nor can those who
exerted intimidation, violence, or undue influence, or employed fraud, or caused
mistake base their action upon these flaws of the contract.

Article 2230. In criminal offenses, exemplary damages as a part of the civil liability
may be imposed when the crime was committed with one or more aggravating
circumstances. Such damages are separate and distinct from fines and shall be paid to
the offended party.

Article 2183. The possessor of an animal or whoever may make use of the same is
responsible for the damage which it may cause, although it may escape or be lost. This
responsibility shall cease only in case the damage should come from force majeure or
from the fault of the person who has suffered damage.