Professional Documents
Culture Documents
CIVIL LAW - 2022 UST QuAMTO
CIVIL LAW - 2022 UST QuAMTO
uAMT
O
2022
CI
VILLAW
University of Santo Tomas
FACULTY OF CIVIL LAW (1734)
CIVIL LAW
Questions Asked More Than Once
QuAMTO 2022
QuAMTO is a compilation of past Bar questions with answers as suggested by
the UPLC and other distinct luminaries in the academe, and updated by the
UST Academics Committee to fit for the 2022 Bar Exams.
Bar questions are arranged per topic in accordance with the Bar Syllabus
released by the Supreme Court and were selected based on their occurrence
on past bar examinations from 1987 to 2021.
Academics Committee
Faculty of Civil Law
University of Santo Tomas
España, Manila 1008
All rights reserved by the Academics Committee of the Faculty of Civil Law of the Pontifical and Royal
University of Santo Tomas, the Catholic University of the Philippines.
2022 Edition.
No portion of this material may be copied or reproduced in books, pamphlets, outlines or notes,
whether printed, mimeographed, typewritten, copied in different electronic devises or in any other
form, for distribution or sale, without a written permission.
A copy of this material without the corresponding code either proceeds from an illegal source or is
in possession of one who has no authority to dispose the same.
MEMBERS
NICOLE ANNE F. CRUZ
WEIAN B. GE
MICHAEL JOHN D. NATABLA
ANGELA BEATRICE S. PEÑA
MARIELLE E. RAMACOLA
MARY ROSE CLAIRE C. SILVA
For being our guideposts in understanding the intricate sphere of Civil Law.
– Academics Committee 2022
DISCLAIMER
(a) Res ipsa loquitur (B) Yes, because the tenants’ farms have the
(b) Damnum absque injuria natural right of access to water wherever it is
(c) Vicarious Liability located.
(d) Abuse of Rights (C) Yes, since X willfully caused injury to his
tenants contrary to morals, good customs or
A: (d) Abuse of Rights public policy.
Q: A bride declined to appear on her wedding day. A: (C) Yes, since X willfully caused injury to his tenants
Instead, she sent a note to her prospective groom, contrary to morals, good customs or public policy.
saying that she needed to be honest to herself by
admitting that the institution of marriage was not her. Q: Rosa was leasing an apartment in the city. Because of
The bride wrote that she came to this conclusion after the Rent Control Law, her landlord could not increase
contemplating on the tweets of the #LabGuru. She also the rental as much as he wanted to, nor terminate her
wrote that to atone for her non-appearance, she would lease as long as she was paying her rent. In order to
post a glowing recommendation of the prospective force her to leave the premises, the landlord stopped
groom as a partner on her Facebook, Twitter, making repairs on the apartment, and caused the water
Instagram, and Tiktok accounts. The couple had and electricity services to be disconnected. The
previously dated for almost eight (8) years. The whole difficulty of living without electricity and running water
time, the prospective groom had been loyal and caring. resulted in Rosa's suffering a nervous breakdown. She
It was the bride who covered all the wedding expenses. sued the landlord for actual and moral damages. Will
Heartbroken and embarrassed, the prospective groom the action prosper? Explain. (1996 BAR)
sued the prospective bride for moral damages, alleging
that she had breached her promise to marry him. Will A: YES, the action will prosper based on quasi-delict under
the suit prosper? Explain briefly. (2020-21 BAR) the human relations provisions of the NCC (Arts. 19, 20, and
21) because the act committed by the lessor is contrary to
A: YES, the suit will prosper. As a rule, breach of promise to morals. Moral damages are recoverable under Art.
marry per se is not an actionable wrong. There must be an 2219(10), in relation to Art. 21, NCC. Although the action is
act independent of the breach of the promise to marry like based on quasi-delict and not on contract, actual damages
expenses incurred, carnal knowledge as a result or moral may be recovered if the lessee is able to prove the losses and
seduction, or pregnancy to entitle the aggrieved party the expenses she suffered.
award of damages. (Wassmer v. Velez, G.R. No. L-20089, 26
Dec. 1964; Baksh v. Court of Appeals, G.R. No. 97336, 19 Feb.
1993; Hermosisima vs. Court of Appeals, G.R. No. L-14628, 30
Sept. 1960) In one case, the Court ruled that although breach
of promise to marry is not actionable, to formally set a
wedding and go through all the above-described
preparation and publicity, only to walk out of it when the
matrimony is about to be solemnized is palpably and
unjustifiably contrary to good customs for which the bride
must be held answerable in damages in accordance with
Art. 21, NCC. (Wassmer v. Velez, G.R. No. L-20089, 26 Dec.
1964) Clearly, the groom is entitled to damages based on
Art. 21, NCC which provides that any person who willfully
causes loss or injury to another in a manner that is contrary
to morals, good customs or public policy shall compensate
the latter for the damage. To walk out of the wedding on the
day of its solemnization falls under Art. 21, NCC and may
justify the award of moral damages. (Bar Q&A by
Paguirigan, 2022)
months but did not live for 24 hours, she was not considered
II. PERSONS AND FAMILY RELATIONS born and, therefore, did not become a person. (Art. 41, NCC)
Not being a person, she has no juridical capacity to be a
donee, hence, the donation to her did not take effect. The
donation not being effective, the amount donated may be
recovered. To retain it will be unjust enrichment.
A. PERSONS
Q: At age 18, Marian found out that she was pregnant.
She insured her own life and named her unborn child as
1. CIVIL PERSONALITY her sole beneficiary. When she was already due to give
(2014, 2012, 2011, 2008, 2003, 2000, 1999, 1998 BAR) birth, she and her boyfriend Pietro, the father of her
unborn child, were kidnapped in a resort in Bataan
Q: Which of the following is NOT included in the where they were vacationing. The military gave chase
attributes of juridical capacity? (2012 BAR) and after one (1) week, they were found in an
abandoned hut in Cavite. Marian and Pietro were
(a) Juridical capacity is inherent in every natural hacked with bolos. Marian and the baby were both
person, and therefore it is not acquired. found dead, with the baby's umbilical cord already cut.
(b) Juridical capacity is lost only through death. Pietro survived. (2012, 1999 BAR)
(c) Juridical capacity is the fitness to be the subject
of legal relations. (a) Can Marian's baby be the beneficiary of the
(d) Juridical capacity cannot exist without capacity insurance taken on the life of the mother?
to act. (2012, 2008, 1999 BAR)
A: (d) Juridical capacity cannot exist without capacity to act. A: YES, the baby can be the beneficiary of the life insurance
of Marian. Art. 40, NCC provides that "birth determines
Q: If a pregnant woman passenger of a bus were to personality; but the conceived child shall be considered
suffer an abortion following a vehicular accident due to born for all purposes that are favorable to it, provided that
the gross negligence of the bus driver, may she and her it be born later with the conditions specified in Art. 41, NCC.
husband claim damages from the bus company for the Art. 41 states that "for civil purposes, the fetus shall be
death of their unborn child? Explain. (2014, 2003 BAR) considered born if it is alive at the time it is completely
delivered from the mother's womb. However, if the fetus
A: NO, the spouses cannot recover actual damages in the had an intra-uterine life of less than seven months, it is not
form of indemnity for the loss of life of the unborn child. deemed born if it dies within twenty-four (24) hours after
This is because the unborn child is not yet considered a its complete delivery from the maternal womb. The act of
person and the law allows indemnity only for loss of life of naming the unborn child as sole beneficiary in the insurance
person. The mother, however, may recover damages for the is favorable to the conceived child and therefore the fetus
bodily injury she suffered from the loss of the fetus which is acquires presumptive or provisional personality. However,
considered part of her internal organ. The parents may also said presumptive personality only becomes conclusive if
recover damages for injuries that are inflicted directly upon the child is born alive. The child need not survive for
them, e.g., moral damages for mental anguish that attended twenty-four (24) hours as required under Art. 41 of the
the loss of the unborn child. Since there is gross negligence, Code because "Marian was already due to give birth,"
exemplary damages can also be recovered. (Geluz v. Court of indicating that the child was more than seven (7) months
Appeals, G.R. No. L-16439, 20 July 1961) old.
Q: Ricky donated P1 million to the unborn child of his (b) Between Marian and the baby, who is presumed
pregnant girlfriend, which she accepted. After six (6) to have died ahead?
months of pregnancy, the fetus was born and baptized
as Angela. However, Angela died 20 hours after birth. A: If the baby was not alive when completely delivered from
Ricky sought to recover the P1 million. Is Ricky entitled the mother’s womb, it was not born as a person, then the
to recover? Explain. (2012 BAR) question of who between two persons survived will not be
an issue. Since the baby had an intra-uterine life of more
A: YES, Ricky is entitled to recover the P1 million. The NCC than seven (7) months, it would be considered born if it was
considers a fetus a person for purposes favorable to it alive, at the time of its complete delivery from the mother’s
provided it is born later. (Art. 40, NCC) While the donation womb. We can gather from the facts that the baby was
is favorable to the fetus, the donation did not take effect completely delivered. But whether or not it was alive has to
because the fetus was not born in accordance with the NCC. be proven by evidence.
To be considered born, the fetus that had an intra-uterine If the baby was alive when completely delivered from the
life of less than seven (7) months should live for 24 hours mother’s womb, then it was born as a person and the
from its complete delivery from the mother’s womb. Since question of who survived as between the baby and the
Angela had an intra-uterine life of less than seven (7) mother shall be resolved by the provisions of the Rules of
Court on Survivorship. This is because the question has Explain. (1999 BAR)
nothing to do with succession. Obviously, the resolution of
the question is needed just for the implementation of an A: The donation is valid and binding, being an act favorable
insurance contract. Under Rule 113, Sec 3(jj(5)), ROC, as to the unborn child, but only if the baby had an intra-uterine
between the baby who was under 15 years old and Marian life of not less than seven (7) months and provided there
who was 18 years old, Marian is presumed to have survived. was due acceptance of the donation by the proper person
representing said child. If the child had less than seven (7)
In both cases, therefore, the baby never acquired any right months of intra-uterine life, it is not deemed born since it
under the insurance policy. The proceeds of the insurance died less than 24 hours following its delivery, in which case
will then go to the estate of Marian. the donation never became effective since the donee never
became a person, birth being determinative of personality.
(c) Will Pietro, as surviving biological father of the
baby, be entitled to claim the proceeds of the life Q: Mr. and Mrs. Cruz, who are childless, met with a
insurance on the life of Marian? serious motor vehicle accident with Mr. Cruz at the
wheel and Mrs. Cruz seated beside him, resulting in the
A: Since the baby did not acquire any right under the instant death of Mr. Cruz. Mrs. Cruz was still alive when
insurance contract, there is nothing for Pietro to inherit. help came but she also died on the way to the hospital.
The couple acquired properties worth P1,000,000.00
Q: Because of X’s gross negligence, Y suffered injuries during their marriage, which are being claimed by the
that resulted in the abortion of the fetus she carried. Y parents of both spouses in equal shares.
sued X for, among other damages, P1,000,000 for the
death of a family member. Is Y entitled to indemnity for Suppose in the preceding question, both Mr. And Mrs.
the death of the fetus she carried? (2011 BAR) Cruz were already dead when help came, so that
nobody could say who died ahead of the other, would
(a) Yes, since the fetus is already regarded as a your answer be the same to the question as to who are
child from conception, though unborn. entitled to the properties of the deceased couple? (1999
(b) No, since X’s would not have known that the BAR)
accident would result in Y’s abortion.
(c) No, since birth determines personality, the A: This being a case of succession, in the absence of proof as
accident did not result in the death of a person. to the time of death of each of the spouses, it is presumed
(d) Yes, since the mother believed in her heart that they died at the same time and no transmission of rights
she lost a child. from one to the other is deemed to have taken place.
A: (c) No, since birth determines personality, the accident Q: Jaime, who is 65, and his son, Willy, who is 25, died in
did not result in the death of a person. a plane crash. There is no proof as to who died first.
Jaime’s only surviving heir is his wife, Julia, who is also
Q: Cristy and her late husband Luis had two (2) Willy’s mother. Willy’s surviving heirs are his mother,
children, Rose and Patrick. One summer, her mother- Julia and his wife, Wilma. (1998 BAR)
in-law, aged 70, took the two (2) children, then aged 10
and 12, with her on a boat trip to Cebu. Unfortunately, (a) In the settlement of Jaime’s estate, can Wilma
the vessel sank en route, and the bodies of the three (3) successfully claim that her late husband, Willy
were never found. None of the survivors ever saw them had a hereditary share since he was much
on the water. On the settlement of her mother-in-law's younger than his father and, therefore, should
estate, Cristy files a claim for a share of her estate on the be presumed to have survived longer?
ground that the same was inherited by her children
from their grandmother in representation of their A: NO, Wilma cannot successfully claim that Willy had a
father, and she inherited the same from them. Will her hereditary share in his father’s estate. Under Art. 43, NCC
action prosper? (2000 BAR) two persons “who are called to succeed each other” are
presumed to have died at the same time, in the absence of
A: NO, her action will not prosper. Since there was no proof proof as to which of them died first. This presumption of
as to who died first, all three (3) are deemed to have died at simultaneous death applies in cases involving the question
the same time and there was no transmission of rights from of succession as between the two who died, who in this case
one to another, applying Art. 43, NCC. are mutual heirs, being father and son.
Q: Elated that her sister who had been married for five (b) Suppose Jaime had a life insurance policy with
(5) years was pregnant for the first time, Alma donated his wife, Julia, and his son, Willy, as the
P100,000.00 to the unborn child. Unfortunately, the beneficiaries. Can Wilma successfully claim
baby died one hour after delivery. May Alma recover that one-half of the proceeds should belong to
the P100,000.00 that she had donated to said baby Willy’s estate?
before it was born considering that the baby died?
Stated otherwise, is the donation valid and binding?
A: YES, Wilma can invoke the presumption of survivorship (G.R. No, 148311, 31 Mar. 2005), the Supreme Court ruled
and claim that one-half of the proceeds should belong to that the adopted child may use the surname of the natural
Willy’s estate, under Rule 131 of the ROC, as the dispute mother as his middle name because there is no prohibition
does not involve succession. Under this presumption, the in the law against it. Moreover, it will also be for the benefit
person between the ages of 15 and 60 years is deemed to of the adopted child who shall preserve his lineage on his
have survived one whose age was over 60 at the time of mother's side and reinforce his right to inherit from his
their deaths. The estate of Willy endowed with juridical mother and her family. Lastly, it will make the adopted child
personality stands in place and stead of Willy, as conform with the time-honored Filipino tradition of
beneficiary. carrying the mother's surname as the person's middle
name.
2. USE OF SURNAMES
Q: Rodolfo, married to Sharon, had an illicit affair with
Q: Illegitimate children, those not recognized by their his secretary, Nanette, a 19-year-old girl, and begot a
biological fathers, shall use the surname of their (2011 baby girl, Rona. Nanette sued Rodolfo for damages:
BAR) actual, for hospital and other medical expenses in
delivering the child by caesarean section; moral,
(a) biological father subject to no condition. claiming that Rodolfo promised to marry her,
(b) mother or biological father, at the mother's representing that he was single when, in fact, he was
discretion not; and exemplary, to teach a lesson to like-minded
(c) mother Lotharios.
(d) biological father unless he judicially opposes it.
Suppose Rodolfo later on acknowledges Rona and gives
A: (b) mother or biological father, at the mother's her regular support, can he compel her to use his
discretion. (2009-2017 UST FCL Bar Q&A) surname? Why or why not? (2009 BAR)
Q: An illegitimate child may use the surname of his A: NO, he has no right to compel Rona to use his surname.
father when his filiation is established in any of the The law does not give him that right simply because he gave
following instances, except: (2012 BAR) her support. (RA 9255)
(a) Filiation has been recognized by the father Under the FC, an illegitimate child was required to use only
through the record of birth appearing in the the surname of the mother. Under RA 9255, otherwise
civil register known as the Revilla Law, however, the illegitimate child is
(b) Admission of filiation by the father in a public given the option to use the surname of the illegitimate
document. father when the latter has recognized the former in
(c) Private handwritten instrument is made by the accordance with law. Since the choice belongs to the
father acknowledging his filiation. illegitimate child, Rodolfo cannot compel Rona, if already of
(d) Affidavit by the mother stating the name of his age, to use his surname against her will. If Rona is still a
true father. minor, to use the surname of Rodolfo will require the
consent of Rona's mother who has sole parental authority
A: (d) Affidavit by the mother stating the name of his true over her. (2009-2017 UST FCL Bar Q&A)
father. (2009-2017 UST FCL Bar Q&A)
3. ENTRIES IN THE CIVIL REGISTRY AND
Q: Honorato filed a petition to adopt his minor CLERICAL ERROR LAW (R.A. No. 9048, as amended)
illegitimate child Stephanie, alleging that Stephanie's (2018, 2009 BAR)
mother is Gemma Astorga Garcia; that Stephanie has
been using her mother's middle name and surname; Q: Silverio was a woman trapped in a man's body. He
and that he is now a widower and qualified to be her was born male and his birth certificate indicated his
adopting parent. He prayed that Stephanie's middle gender as male, and his name as Silverio Stalon. When
name be changed from "Astorga" to "Garcia," which is he reached the age of 21, he had a sex reassignment
her mother's surname and that her surname "Garcia" surgery in Bangkok, and, from then on, he lived as a
be changed to "Catindig," which is his surname. This the female. On the basis of his sex reassignment, he filed an
trial court denied. Was the trial court correct in denying action to have his first name changed to Shelley, and his
Hororato's request for Stephanie's use of her mother's gender, to female. While he was following up his case
surname as her middle name? Explain. (2012, 1996 with the Regional Trial Court of Manila, he met Sharon
BAR) Stan, who also filed a similar action to change her first
name to Shariff, and her gender, from female to male.
A: NO, the trial court was not correct. There is no law
prohibiting an illegitimate child adopted by his natural Sharon was registered as a female upon birth. While
father to use as middle name his mother's surname. The law growing up, she developed male characteristics and
is silent as to what middle name an adoptee may use. In the was diagnosed to have congenital adrenal hyperplasia
case of in re: Adoption of Stephanie Nathy Astorga Garcia ("CAH") which is a condition where a person possesses
both male and female characteristics. At puberty, tests A: NEW YORK LAW shall apply. The petition of change of
revealed that her ovarian structures had greatly name filed in New York does not concern the legal capacity
minimized, and she had no breast or menstrual or status of the petitioner. Moreover, it does not affect the
development. Alleging that for all intents and registry of any other country including the country of birth
appearances, as well as mind and emotion, she had of the petitioner. However, whatever judgment is rendered
become a male, she prayed that her birth certificate be in that petition will have effect only in New York. The New
corrected such that her gender should be changed from York court cannot, for instance, order the Civil Registrar in
female to male, and that her first name should be the Philippines to change its records. The judgment of the
changed from Sharon to Shariff. New York court allowing a change in the name of the
petitioner will be limited to the records of the petitioner in
Silverio and Sharon fell in love and decided to marry. New York and the use of her new name in all transactions in
Realizing that their marriage will be frowned upon in New York. Since the records and processes in New York are
the Philippines, they travelled to Las Vegas, USA where the only ones affected, the New York court will apply New
they got married based on the law of the place of York law in resolving the petition.
celebration of the marriage. They, however, kept their
Philippine citizenship. (2018 BAR) Q: If Henry, an American citizen residing in the
Philippines, files a petition for change of name before a
(a) Is there any legal basis for the court to Philippine court, what law shall apply? Explain (2009
approve Silverio's petition for correction of BAR)
entries in his birth certificate?
A: PHILIPPINE LAW will apply. The petition for change of
A: NO, there is no legal basis for the court to approve name in the Philippines will affect only the records of the
Silverio’s petition. As settled in the case of Silverio v. petitioner and his transactions in the Philippines. The
Republic (G.R. No. 174689, 174689, 22 Oct. 2007), our laws Philippine court can never acquire jurisdiction over the
do not sanction change of name and correction of entry in custodian in the US of the records of the petitioner.
the civil register as to sex on the ground of sex Moreover, change of name has nothing to do with the legal
reassignment. Sex reassignment is not one of the grounds capacity or status of the alien. Since Philippine records and
for which change of first name may be allowed under R.A. transactions are the only ones affected, the Philippine court
No. 9048. The petition for correction of entry as to sex of the may effect the change only in accordance with the laws
birth certificate of Silverio cannot prosper, because the said governing those records and transactions. That the law
document contained no error and it cannot be corrected. cannot be but Philippine law.
Silverio was born a male. The sex of a person is determined
at birth. Considering that there is no law legally recognizing 4. ABSENCE
sex reassignment, the determination of a person’s sex made
at the time of his or her birth, if not attended by error, is
a. CIVIL CODE PROVISIONS
immutable.
(2011 BAR)
few years after her remarriage, her first husband missing since 1995, 23 years before the filing of her claim in
reappeared. Does the first husband's reappearance 2018. There is, thus, no need for a judicial declaration of
automatically, without need of any further act, presumptive death before the AFP can act on the claim of W.
terminate the second marriage? Explain briefly. (2020-
21 BAR) Q: Lito was a commercial pilot who flew for Pacific-
Micronesian Air. In 1998, he was the co-pilot of the
A: NO, the mere reappearance of the first husband shall not airline's Flight MA916 that mysteriously disappeared
automatically terminate the second marriage contracted by two hours after take-off from Agana, Guam, presumably
the wife. The law provides that the subsequent marriage is over the Pacific Ocean. No trace of the plane and its 105
automatically terminated by the recording of the affidavit of passengers and crew was ever found despite diligent
reappearance of the absent spouse in the civil registry of the search; Lito himself was never heard of again. Lito left
residence of the parties to the subsequent marriage at the behind his wife, Lita, and their two (2) children.
instance of any interested person. (Art. 42, FC) Hence, the
first husband's reappearance will not suffice to terminate In 2008, Lita met and and married Jaime. They now
the second marriage. Also, the Court in SSS v. Vda. De Bailon have a child of their own. While on a tour with her
(G.R. No. 165545, 24 Mar. 2006) ruled that if the absentee former high school classmates in a remote province of
spouse reappears, but no step is taken to terminate the China in 2010, Lita was surprised to see Lito or
subsequent marriage, either by affidavit or court action, somebody who looked exactly like him, but she was
such absentee's mere reappearance, even if made known to sure it was Lito because of the extreme surprise that
the spouses in the subsequent marriage will not terminate registered in his face when he also saw her. Shocked,
such marriage. (Bar Q&A by Paguirigan, 2022) she immediately fled to her hotel and post-haste
returned to the country the next day. Lita now comes to
Q: H and W were married in 1990. H, being a member of you for legal advice. She asks you the following
the Armed Forces of the Philippines (AFP), was questions: (2013 BAR)
deployed to a rebel-infested area in 1992. Since then, W
has not heard from her husband, H. One day, the AFP (1) If Lito is alive, what is the status of his marriage
informed W that H had been declared missing since to Lita?
1995. In consequence, W diligently pursued all
available means to ascertain her husband's a) The marriage subsists because the
whereabouts, but to no avail. Firmly believing that H marital bond has not been terminated
had already died, W filed a claim before the AFP in 2008 by death
for the death benefits of the missing serviceman. b) The marriage was terminated when
However, the AFP, despite being cognizant of H's status, Lita married Jaime.
would not act on the claim, contending that H could not c) The marriage subsists because Lita's
be presumed dead unless a judicial declaration to this marriage to Jaime is void.
effect is issued by the proper court. d) The marriage is terminated because
Lito is presumed dead after his plane
In what instance/s is a judicial declaration of has been missing for more than four (4)
presumptive death necessary? In this case, is the years.
contention of the AFP correct? Explain. (2019 BAR) e) The marriage can be formally declared
terminated if Lito would not resurface.
A: Judicial declaration of presumptive death is only used for
the purpose of contracting a subsequent marriage. Art. 41, A: (a) The marriage subsists because the marital bond has
FC provides that for the purpose of contracting a not been terminated by death — since Lito is still alive, the
subsequent marriage contracted by a person who had a marital bond has not been severed.
well-founded belief that his/her prior spouse who had been
absent for four (4) consecutive years was already dead, the (2) If Lito is alive, what is the status of Lita's
spouse present must institute a summary proceeding for marriage to Jaime?
the declaration of presumptive death of the absentee. The
contention of the AFP is incorrect because the Court has a) The marriage is valid because Lita's
declared that the AFP can decide claims of death benefits of marriage to Lito was terminated upon
a missing soldier without requiring the claimant to first Lito's disappearance for more than
produce a court declaration of the presumptive death of seven (7) years.
such soldier and the claimant need only present any b) The marriage is valid. After an absence
“evidence” which shows that the concerned soldier had of more than ten (10) years, Lito is
been missing for such number of years and/or under the already presumed dead for all
circumstances prescribed under Arts. 390 and 391, NCC. purposes.
Art. 391, NCC provides that a person in the armed forces c) The marriage is void. Lito's mere
who has taken part in war and has been missing for four (4) absence, however lengthy, is
years shall be presumed dead for all purposes. Here, W insufficient to authorize Lita to contract
informed the AFP that her husband had been declared a subsequent marriage.
1. REQUISITES OF MARRIAGE
A: (c) The marriage is void. Lito's mere absence, however
(2020-21, 2016, 2009, 2008, 1996, 1995, 1994 BAR)
lengthy, is insufficient to authorize Lita to contract a
subsequent marriage — Lito’s absence did not
Q: Two college sweethearts were married inside a
automatically grant Lita the right to remarry without
Roman Catholic church in the Philippines with a
securing a declaration of presumptive death.
Supreme Court Justice serving as solemnizing officer. A
few years following the ceremony, one of the two (2)
Q: Ana Rivera had a husband, a Filipino citizen like her,
filed an action for the declaration of nullity of marriage
who was among the passengers on board a commercial
on the ground that the marriage was void ab initio
jet plane which crashed in the Atlantic Ocean ten (10)
because it was solemnized inside a Roman Catholic
years earlier and had never been heard of ever since.
church by a Supreme Court Justice, and not by a Roman
Believing that her husband had died, Ana married Adolf
Catholic priest. Is the position legally tenable? Explain
Cruz Staedtler, a divorced German national born of a
briefly. (2020-21 BAR)
German father and a Filipino mother residing in
Stuttgart. To avoid being required to submit the
A: NO, the position of the couple is not legally tenable.
required certificate of capacity to marry from the
Under the Family Code, a marriage may be solemnized
German Embassy in Manila, Adolf stated in the
among others by any incumbent member of the judiciary
application for marriage license that he was a Filipino
within the court’s jurisdiction. (Art. 7, FC) It must be
citizen. With the marriage license stating that Adolf was
mentioned that the authority of a Supreme Court Justice to
a Filipino, the couple got married in a ceremony
solemnize marriages is all over the Philippines. Although
officiated by the Parish Priest of Calamba, Laguna in a
the law provides that the marriage shall be solemnized
beach in Nasugbu, Batangas, as the local parish priest
publicly in the chambers of the judge or in open court, or in
refused to solemnize marriages except in his church. Is
the church, chapel or temple and not elsewhere, (Art. 8, FC)
the marriage valid? Explain fully. (2008 BAR)
it is submitted that the solemnization of the marriage by a
member of the judiciary inside the Roman Catholic church
A: The issue hinges on whether or not the missing husband
shall not affect the validity of the marriage because the
was dead or alive at the time of the second marriage.
venue of the celebration of the marriage is neither an
essential nor a formal requisite of marriage. (Bar Q&A by
If the missing husband was in fact dead at the time the
Paguirigan, 2022)
second marriage was celebrated, the second marriage was
valid. Actual death of a spouse dissolves the marriage ipso
Q: Brad and Angelina had a secret marriage before a
facto whether the surviving spouse had knowledge of such
pastor whose office is located in Arroceros Street, City
fact. A declaration of presumptive death even if obtained
of Manila. They paid money to the pastor who took care
will not make the marriage voidable because presumptive
of all the documentation. When Angelina wanted to go
death will not prevail over the fact of death.
to the U.S., she found out that there was no marriage
license issued to them before their marriage. Since
If the missing husband was in fact alive when the second
their marriage was solemnized in 1995 after the
marriage was celebrated, the second marriage was void ab
effectivity of the Family Code, Angelina filed a petition
initio because of a prior subsisting marriage. Had Ana
for judicial declaration of nullity on the strength of a
obtained a declaration of presumptive death the second
certification by the Civil Registrar of Manila that, after a
marriage would have been voidable.
diligent and exhaustive search, the alleged marriage
license indicated in the marriage certificate does not
In both cases, the fact that the German misrepresented his
appear in the records and cannot be found. (2016 BAR)
citizenship to avoid having to present his Certificate of Legal
Capacity, or the holding of ceremony outside the church or
(a) Decide the case and explain.
beyond the territorial jurisdiction of the solemnizing
officer, are all irregularities which do not affect the validity
A: I will grant the petition for judicial declaration of nullity
of the marriage.
of Brad and Angelina’s marriage on the ground that there is
a lack of marriage license. Art. 3, FC provides that one of the
formal requisites of marriage is a valid marriage license and
Art. 4 of the same Code states that absence of any of the
essential or formal requisites shall render the marriage void
ab initio. In Abbas v. Abbas (G.R. No. 183896 30 Jan. 2013),
the Supreme Court declared the marriage as void ab initio
because there is proof of lack of record of marriage license.
The certification by the Civil Registrar of Manila that, after
diligent and exhaustive search, the alleged marriage license
indicated in the marriage certificate does not appear in the the parties and told Michael and Anna that they were
records and cannot be found proves that the marriage of already married. Thereafter, the couple lived together
Brad and Angelina was solemnized without the requisite as husband and wife, and had three (3) sons. (2009
marriage license and is therefore void ab initio. The absence BAR)
of the marriage license was certified by the local civil
registrar who is the official custodian of these documents (a) Is the marriage of Michael and Anna valid,
and who is in the best position to certify the existence of voidable, or void? Explain your answer.
these records. Also, there is a presumption of regularity in
the performance of official duty. (Republic v. Court of A: The marriage is void because of the absence of an
Appeals and Castro, G.R. No. 103047, 02 Sept. 1994) essential and formal requisite, namely consent of the
parties freely given in the presence of the solemnizing
(b) In case the marriage was solemnized in 1980 officer and a marriage ceremony. (Art. 2, FC)
before the effectivity of the Family Code (03
Aug. 1988), is it required that a judicial petition (b) What is the status of the three (3) children of
be filed to declare the marriage null and void? Michael and Anna? Explain your answer.
Explain.
A: The children are illegitimate, having been born outside a
A: NO, it is not required that a judicial petition be filed to valid marriage. (Art. 165, FC)
declare the marriage null and void when said marriage was
solemnized before the effectivity of the Family Code. As Q: What is the status of the following marriages and
stated in the cases of People v. Mendoza (G.R. No. L-5877, 28 why? (1999 BAR)
Sept. 1954) and People v. Aragon (G.R. No. L-10016, 28 Feb.
1957) the old rule is that where a marriage is illegal and void (a) A marriage between two 19-year-olds without
from its performance, no judicial is necessary to establish parental consent.
its invalidity.
A: VOIDABLE. The consent of the parties to the marriage
ALTERNATIVE ANSWER: was defective. Being below 21 years old, the consent of the
parties is not full without the consent of their parents. The
Irrespective of when the marriage took place, other than for consent of the parents of the parties to the marriage is
purposes of remarriage, no judicial action is necessary to indispensable for its validity. (Art. 16, FC)
declare a marriage absolute nullity. For other purposes,
such as but not limited to determination of heirship, (b) A marriage between two 21-year-olds without
legitimacy or illegitimacy of a child, settlement of estate, parental advice.
dissolution of property regime, or a criminal case for that
matter, the court may pass upon the validity of marriage A: VALID. Between 21-year-olds, the marriage is valid
even in a suit not directly instituted to question the same so despite the absence of parental advice, because such
long as it is essential to the determination of the case. This absence is merely an irregularity affecting a formal
is without prejudice to any issue that may arise in the case. requisite i.e., the marriage license and does not affect the
When such need arises, a final judgment of declaration of validity of the marriage itself. This is without prejudice to
nullity is necessary even if the purpose is other than to the civil, criminal, or administrative liability of the party
remarry. The clause on the basis of a final judgment responsible therefor. (Art. 4(2), FC)
declaring such previous marriage void in Art. 40, FC
connotes that such final judgment needs to be obtained only (c) A marriage between two Filipino first cousins in
for purpose of remarriage. (Ablaza v. Republic, G.R. No. Spain where such marriage is valid.
158298, 11 Aug. 2010)
A: VOID. By reason of public policy, the marriage between
Q: In December 2000, Michael and Anna, after obtaining Filipino first cousins is void (Art. 38(1), FC), and the fact that
a valid marriage license, went to the Office of the Mayor it is considered a valid marriage in a foreign country in this
of Urbano, Bulacan, to get married. The Mayor was not case, Spain— does not validate it, being an exception to the
there, but the Mayor’s secretary asked Michael and general rule in Art. 26 of said Code which accords validity to
Anna and their witnesses to fill up and sign the required all marriage solemnized outside the Philippines and valid
marriage contract forms. The secretary then told them there as such.
to wait and went out to look for the Mayor who was
attending a wedding in a neighboring municipality. (d) A marriage between two Filipinos in Hongkong
When the secretary caught up with the Mayor at the before a notary public.
wedding reception, she showed him the marriage
contract forms and told him that the couple and their A: IT DEPENDS. Otherwise, the marriage that is invalid in
witnesses were waiting in his office. The Mayor Hongkong will be invalid in the Philippines.
forthwith signed all the copies of the marriage contract,
gave them to the secretary who returned to the Mayor’s
office. She then gave copies of the marriage contract to
(e) A marriage solemnized by a town mayor three void ab initio. The marriage is merely voidable under Art 45,
towns away from his jurisdiction. FC.
A: VALID. It is jurisprudential that a marriage solemnized (b) There was no marriage license;
by a town mayor outside of his jurisdiction is a mere
irregularity and will not invalidate the marriage. Hence, the A: Absence of marriage license did not make the marriage
marriage solemnized by a town mayor three towns away void ab initio. Since the marriage was solemnized in articulo
from his jurisdiction is a valid marriage. mortis, it was exempt from the license requirement under
Art. 31, FC.
Q: On Valentine's Day 1996, Ellas and Fely, both single
and 25 years of age, went to the city hall where they (c) The solemnizing officer had no authority to
sought out a fixer to help them obtain a quickie perform the marriage; and
marriage. For a fee, the fixer produced an ante-dated
marriage license for them, issued by the Civil Registrar A: On the assumption that the assistant pilot was acting for
of a small remote municipality. He then brought them and in behalf of the airplane chief who was under disability,
to a licensed minister in a restaurant behind the city and by reason of the extraordinary and exceptional
hall, and the latter solemnized their marriage right circumstances of the case, the marriage was solemnized by
there and then. (2008, 1996 BAR) an authorized officer under Arts. 7(3) and 31, FC.
(a) Is their marriage valid, void or voidable? (d) The solemnizing officer did not file an affidavit
Explain. of marriage with the proper civil registrar.
A: The marriage is valid. The irregularity in the issuance of A: Failure of the solemnizing officer to file the affidavit of
a valid license does not adversely affect the validity of the marriage did not affect the validity of the marriage. It is
marriage. The marriage license is valid because it was in fact merely an irregularity which may subject the solemnizing
issued by a Civil Registrar. (Arts. 3 and 4, FC) officer to sanctions. (Art. 4(2), FC)
(a) They had not given their consent to the A Philippine consul is authorized by law to solemnize
marriage of their son; marriage abroad between Filipino citizens. (Ibid.) He has no
authority to solemnize a marriage in the Philippines.
A: The fact that the parents of Isidro and of Irma did not give Consequently, the marriage in question is void, unless
their consent to the marriage did not make the marriage either or both contracting parties believed in good faith that
the consul general had authority to solemnize their (a) Is the marriage of Facundo and Quercia valid,
marriage in which case the marriage is valid. despite the absence of a marriage license?
Explain.
2. EXEMPTION FROM LICENSE REQUIREMENT
(2008, 2002 BAR) A: YES, the marriage with Quercia is valid. The exemption
from the requirement of a marriage license under Art. 34,
Q: Roderick and Faye were high school sweethearts. FC requires that the man and woman must have lived
When Roderick was 18 and Faye was 16 years old, they together as husband and wife for at least five (5) years and
started to live together as husband and wife without the without any legal impediment to marry each other during
benefit of marriage. When Faye reached 18 years of age, those five (5) years. Although the cohabitation of Facundo
her parents forcibly took her back and arranged for her and Quercia for six (6) years from 01 July 1990 to 01 July
marriage to Brad. Although Faye lived with Brad after 1996 when Petra died was one with a legal impediment, the
the marriage, Roderick continued to regularly visit cohabitation thereafter until the marriage on 01 July 2002
Faye while Brad was away at work. During their was free from any legal impediment since Facundo’s
marriage, Faye gave birth to a baby girl, Laica. When marriage with Petra has already been extinguished due to
Faye was 25 years old, Brad discovered her continued the latter’s death. The cohabitation of Facundo and Quercia
liaison with Roderick and in one of their heated from the time of death of Petra up to the time of their
arguments, Faye shot Brad to death. She lost no time in marriage on 01 July 2002 met the five-year cohabitation
marrying her true love Roderick, without a marriage requirement therefore making their marriage despite the
license, claiming that they have been continuously lack of a marriage license valid.
cohabiting for more than five (5) years. Was the
marriage of Roderick and Faye valid? (2008, 2002 BAR) (b) Does Sotero have the personality to seek the
declaration of nullity of the marriage, especially
A: NO. The marriage of Roderick and Faye is not valid. Art. now that Facundo is already deceased? Explain.
4, FC provides that the absence of any of the essential or
formal requisites renders the marriage void ab initio. A: YES, a void marriage may be questioned by any
However, no license shall be necessary for the marriage of a interested party in any proceeding where the resolution of
man and a woman who have lived together as husband and the issue is material. Being a compulsory heir, Soterro has
wife for at least five (5) years and without any legal the personality to question the validity of the marriage of
impediment to marry each other. In Republic v. Dayot (G.R. Facundo and Quercia. Otherwise, his participation in the
No. 175581, 28 Mar. 2008), reiterating the doctrine in Niñal estate on Facundo would be affected. (Ninãl v. Bayadog, G.R.
v. Bayadog (G.R. No. 133778, 14 Mar. 2000), this five-year No. 133778, 14 Mar. 2000)
period is characterized by exclusivity and continuity. In the
present case, the marriage of Roderick and Faye cannot be 3. MARRIAGES SOLEMNIZED ABROAD
considered as a marriage of exceptional character, because AND FOREIGN DIVORCE
there were two (2) legal impediments during their (2019, 2016, 2014, 2012, 2010, 2009, 2006, 2005,
cohabitation: 1) minority on the part of Faye, during the 2004, 2003, 2002, 1999, 1997, 1996, 1992 BAR)
first two years of cohabitation; and 2) lack of legal capacity,
since Faye married Brad at the age of 18. Accordingly, the Q: F, a Filipina, married J, a Japanese, in the Philippines.
required five-year cohabitation period was not met for not After three (3) years, they had a falling out and thus,
being continuous and exclusive. Thus, the absence of a separated. Soon after, F initiated a divorce petition in
marriage license made the marriage of Faye and Roderick Japan which was not opposed by J because under
void ab initio. Japanese law, a grant of divorce will capacitate him to
remarry. F's divorce petition was then granted by the
Q: On 01 May 1978, Facundo married Petra, by whom Japanese court with finality. May the legal effects of the
he had a son Sotero. Petra died on 01 July 1996, while divorce decree be recognized in the Philippines, and
Facundo died on 01 Jan. 2002. Before his demise, consequently, capacitate F to remarry here? Explain.
Facundo had married, on 01 July 2002, Quercia. Having (2019 BAR)
lived together as husband and wife since 01 July 1990,
Facundo and Quercia did not secure a marriage license A: YES, the legal effects of the divorce decree may be
but executed the requisite affidavit for the purpose. To recognized in the Philippines, and consequently, capacitate
ensure that his inheritance rights are not adversely F to remarry.
affected by his father’s second marriage, Sotero now
brings a suit to seek a declaration of the nullity of the In the landmark case of Republic v. Manalo (G.R. No. 221029,
marriage of Facundo and Quercia, grounded on the 24 Apr. 2018) the Supreme Court held that under Art. 26(2),
absence of a valid marriage license. Quercia contends FC a Filipino citizen has the capacity to remarry under
that there was no need for a marriage license in view Philippine law after initiating a divorce proceeding abroad
for her having lived continuously with Facundo for five and obtaining a favorable judgment against his or her alien
years before their marriage and that Sotero has no legal spouse who is capacitated to remarry. Here, F initiated a
personality to seek a declaration of nullity of the divorce petition in Japan and obtained a favorable judgment
marriage since Facundo is now deceased. (2002 BAR) which capacitated her Japanese husband to remarry.
Applying Art. 26(2), FC as interpreted, the legal effects of Q: Ted, married to Annie, went to Canada to work. Five
the divorce obtained by F may be recognized in the (5) years later, Ted became a naturalized Canadian
Philippines which may capacitate F to remarry here. citizen. He returned to the Philippines to convince
Annie to settle in Canada. Unfortunately, Ted
Q: Romeo and Juliet, both Filipinos, got married. After a discovered that Annie and his friend Louie were having
few years, Juliet got word from her mother that she can an affair. Deeply hurt, Ted returned to Canada and filed
go to the United States for naturalization. Juliet a petition for divorce which was granted. In December
promised she will be back the moment she becomes an 2013, Ted decided to marry his childhood friend
American. After some time, Romeo learned from a Corazon in the Philippines. In preparation for the
friend that Juliet already became a U.S. citizen and even wedding, Ted went to the Local Civil Registry of Quezon
divorced him to marry a wealthy American City where his marriage contract with Annie was
businessman. Romeo filed a petition before the registered. He asked the Civil Register to annotate the
Regional Trial Court praying that an order be issued decree of divorce on his marriage contract with Annie.
authorizing him to remarry pursuant to Art. 26, FC. However, he was advised by the National Statistics
Decide the petition with reasons. (2016 BAR) Office (NSO) to file a petition for judicial recognition of
the decree of divorce in the Philippines.
A: If the time of Juliet’s acquisition of U.S. citizenship
preceded the time when she obtained the divorce decree, Is it necessary for Ted to file a petition for judicial
then the divorce decree can be given effect in the recognition of the decree of divorce he obtained in
Philippines, and consequently, Romeo will be capacitated to Canada before he can contract a second marriage in the
remarry under Philippine law. On the other hand, if Juliet Philippines? (2014 BAR)
obtained the divorce decree before she acquired U.S.
citizenship, then the foreign divorce decree cannot be A: YES, a divorce decree even if validly obtained abroad
recognized by Philippine courts. cannot have effect in the Philippines unless it is judicially
recognized through an appropriate petition filed before
Art. 26(2), FC provides that where a marriage between a Philippine courts. The foreigner must file a petition under
Filipino citizen and a foreigner is validly celebrated and a Rule 108, ROC and prove therein the fact of divorce by
divorce is thereafter validly obtained abroad by the alien presenting an official copy attested by the officer having
spouse capacitating him or her to remarry, the Filipino custody of the original. He must also prove that the court
spouse shall have capacity to remarry under Philippine law. which issued the divorce has jurisdiction to issue it and the
In Republic v. Orbecido (G.R. No. 154380, 05 Oct. 2005), the law of the foreign country on divorce. (Corpuz v. Sto. Tomas,
Supreme Court ruled that Art. 26(2), FC should be G.R. No. 186571, 11 Aug. 2010)
interpreted to include cases involving parties who, at the
time of the celebration of the marriage were Filipino Q: Cipriano and Lady Miros married each other. Lady
citizens, but later on, one of them becomes naturalized as a Miros then left for the US and there, she obtained
foreign citizen and obtains a divorce decree. The reckoning American citizenship. Cipriano later learned all about
point is not their citizenship at the time of celebration of this including the fact that Lady Miros has divorced him
marriage, but their citizenship at the time the divorce in America and that she had remarried there. He then
decree is obtained abroad by the alien spouse capacitating filed a petition for authority to remarry, invoking Art.
him/her to remarry. 26(2), FC. Is Cipriano capacitated to re-marry by virtue
of the divorce decree obtained by his Filipino spouse
NOTE: In the case of Republic v. Manalo (G.R. No. 221029, 24 who was later naturalized as an American citizen?
Apr. 2018), the Court held that Art. 26(2), FC speaks of “a Explain. (2012 BAR)
divorce x x x validly obtained abroad by the alien spouse
capacitating him or her to remarry." Based on a clear and A: YES, he is capacitated to re-marry. While the Art. 26(2),
plain reading of the provision, it only requires that there be FC is applicable only to a Filipino who married a foreigner
a divorce validly obtained abroad. The letter of the law does at the time of the marriage, the Supreme Court ruled in the
not demand that the alien spouse should be the one who case of Republic v. Orbecido (GR. No. 154380, 05 Oct. 2005)
initiated the proceeding wherein the divorce decree was that the said provision equally applies to a Filipino who
granted. It does not distinguish whether the Filipino spouse married another Filipino, at the time of the marriage, but
is the petitioner or the respondent in the foreign divorce who was already a foreigner when the divorce was
proceeding. obtained.
The purpose of Art. 26(2), FC is to avoid the absurd situation Q: True or False. Under Art. 26, FC when a foreign
where the Filipino spouse remains married to the alien spouse divorces his/her Filipino spouse, the latter may
spouse who, after a foreign divorce decree that is effective re-marry by proving only that the foreign spouse has
in the country where it was rendered, is no longer married obtained a divorce against her or him abroad. (2010
to the Filipino spouse. BAR)
contract a subsequent marriage, it must also be proven that NOTE: In Republic v. Manalo (G.R. No. 221029, 24 Apr. 2018),
the foreign divorce obtained by the foreigner spouse gives the Supreme Court held that whether the Filipino spouse
such foreigner spouse capacity to remarry. initiated the foreign divorce or not, a favorable decree
dissolving the marriage bond and capacitating his or her
Q: Harry married Wilma, a very wealthy woman. Barely alien spouse to remarry will have the same result: the
five (5) years into the marriage, Wilma fell in love with Filipino spouse will effectively be without a husband or
Joseph. Thus, Wilma went to a small country in Europe, wife.
became a naturalized citizen of that country, divorced
Harry, and married Joseph. A year thereafter, Wilma Q: Marvin, a Filipino, and Shelley, an American, both
and Joseph returned and established permanent residents of California, decided to get married in their
residence in the Philippines. (2009, 1999, 1996 BAR) local parish. Two (2) years after their marriage, Shelley
obtained a divorce in California. While in Boracay,
(a) Is the divorce obtained by Wilma from Harry Marvin met Manel, a Filipina, who was vacationing
recognized in the Philippines? Explain your there. Marvin fell in love with her. After a brief
answer. courtship and complying with all the requirements,
they got married in Hongkong to avoid publicity, it
A: YES, the divorce obtained by Wilma is recognized as valid being Marvin's second marriage. Is his marriage to
in the Philippines. At the time she got the divorce, she was Manel valid? Explain. (2006 BAR)
already a foreign national having been naturalized as a
citizen of that “small country in Europe.” Based on A: YES, the marriage of Marvin and Manel is valid. While
precedents established by the Supreme Court (Bayot v. Marvin was previously married to Shelley, the divorce from
Court of Appeals, G.R. No. 155635, 07 Nov. 2008), divorce Marvin obtained by Shelley in California capacitated Marvin
obtained by a foreigner is recognized in the Philippines if to contract the subsequent marriage to Manel under Art.
validly obtained in accordance with his or her national law. 26(2), FC which provides that where a marriage between a
(See also ruling in Republic v. Manalo, supra) Filipino citizen and a foreigner is validly celebrated and a
divorce is thereafter validly obtained abroad by the alien
(b) If Harry hires you as his lawyer, what legal spouse capacitating him or her to remarry, the Filipino
recourse would you advise him to take? Why? spouse shall likewise have the capacity to remarry under
Philippine law. (See also ruling in Republic v. Manalo, supra)
A: I will advise Harry to:
1. Dissolve and liquidate his property relations with Q: In 1989, Maris, a Filipino citizen, married her boss
Wilma; and Johnson, an American citizen, in Tokyo in a wedding
2. If he will remarry, file a petition for the ceremony celebrated according to Japanese laws. One
recognition and enforcement of the foreign (1) year later, Johnson returned to his native Nevada,
judgment of divorce. (Rule 39, ROC) and he validly obtained in that state an absolute divorce
from his wife Maris.
(c) Harry tells you that he has fallen in love with
another woman, Elizabeth, and wants to marry After Maris received the final judgment of divorce, she
her because, after all, Wilma is already married married her childhood sweetheart Pedro, also a
to Joseph. Can Harry legally marry Elizabeth? Filipino citizen, in a religious ceremony in Cebu City,
Explain. celebrated according to the formalities of Philippine
law. Pedro later left for the United States and became
A: YES, he can validly marry Elizabeth, applying the naturalized as an American citizen. Maris followed
doctrine laid down by the Supreme Court in Republic v. Pedro to the United States, and after a serious quarrel,
Orbecido (G.R. No. 154380, 05 Oct. 2005). Under Art. 26(2), Maris filed a suit and obtained a divorce decree issued
FC for the Filipino spouse to have capacity to remarry, the by the court in the state of Maryland. Maris then
law expressly requires the spouse who obtained the divorce returned to the Philippines and in a civil ceremony
to be a foreigner at the time of the marriage. Applying this celebrated in Cebu City according to the formalities of
requirement to the case of Harry, it would seem that he is Philippine law, she married her former classmate
not given the capacity to remarry. This is because Wilma Vincent likewise a Filipino citizen. (2005, 1992 BAR)
was a Filipino at the time of her marriage to Harry.
(a) Was the marriage of Maris and Johnson valid
In Republic v. Orbecido (G.R. No. 154380, 05 Oct. 2005), when celebrated? Is their marriage still validly
however, the Supreme Court ruled that a Filipino spouse is existing now? Reasons.
given the capacity to remarry even though the spouse who
obtained the divorce was a Filipino at the time of the A: YES, the marriage of Maris and Johnson was valid when
marriage, if the latter was already a foreigner when the celebrated because all marriages solemnized outside the
divorce was obtained abroad. According to the Court, to rule Philippines (Tokyo) in accordance with the laws in force in
otherwise will violate the equal protection clause of the the country where they are solemnized (Japan), and valid
Constitution. there as such, are also valid in the Philippines. Their
marriage no longer validly subsists, because it has been
dissolved by the absolute divorce validly obtained by Q: PH and LV are HK Chinese. Their parents are now
Johnson which capacitated Maris to remarry. (Art. 26, FC) Filipino citizens who live in Manila. While still students
in MNS State, they got married although they are first
(b)Was the marriage of Maris and Pedro valid cousins. It appears that both in HK and MNS State first
when celebrated? Is their marriage still validly cousins could marry legally. They plan to reside and set
existing now? Reasons. up business in the Philippines. But they have been
informed, however, that the marriage of first cousins
A: The marriage of Maris and Pedro was valid when here is considered void from the beginning by reason of
celebrated because the divorce validly obtained by Johnson public policy. They are in a dilemma. They don’t want to
in Manila capacitated Maris to marry Pedro. The marriage break Philippine Law, much less their marriage vow.
of Maris and Pedro is still validly existing because the They seek your advice on whether their civil status will
marriage has not been validly dissolved by the Maryland be adversely affected by Philippine domestic law? What
divorce. is your advice? (2004 BAR)
(c) Was the marriage of Maris and Vincent valid A: The civil status of PH and LV will not be adversely
when celebrated? Is their marriage still validly affected by Philippine law because they are nationals of
existing now? Reasons. Hong Kong and not Filipino citizens. Being foreigners, their
status, conditions and legal capacity in the Philippines are
A: The marriage of Maris and Vincent is void ab initio governed by the law of Hong Kong, the country of which
because it is a bigamous marriage contracted by Maris they are citizens. Since their marriage is valid under Hong
during the subsistence of her marriage with Pedro. (Arts. 25 Kong law, it shall be valid and respected in the Philippines.
and 41, FC) The marriage of Maris and Vincent does not
validly exist because Art. 26, FC does not apply. Pedro was Q: Boni and Anne met while working overseas. They
not a foreigner at the time of his marriage with Maris and became sweethearts and got engaged to be married on
the divorce abroad (in Maryland) was initiated and New Year’s Eve aboard a cruise ship in the Caribbean.
obtained not by the alien spouse, but by the Filipino spouse. They took the proper license to marry in New York City,
Hence, the Maryland divorce did not capacitate Maris to where there is a Filipino consulate. But as planned the
marry Vincent. wedding ceremony was officiated by the captain of the
Norwegian-registered vessel in a private suite among
(d) At this point in time, who is the lawful husband selected friends. Back in Manila, Anne discovered that
of Maris? Reasons. Boni had been married in Bacolod City five (5) years
earlier but divorced in Oslo only last year. His first wife
A: At this point in time, Pedro is still the lawful husband of was also a Filipina but now based in Sweden. Boni
Maris because their valid marriage has not been dissolved himself is a resident of Norway where he and Anne plan
by any valid cause. (Art. 26, FC) to live permanently.
Q: In 1985, Sonny and Lulu, both Filipino citizens, were Anne retains your services to advise her on whether her
married in the Philippines. In 1987, they separated, and marriage to Boni is valid under Philippine law? Is there
Sonny went to Canada, where he obtained a divorce in anything else she should do under the circumstances?
the same year. He then married another Filipina, (2004 BAR)
Auring, in Canada on 01 Jan. 1988. They had two sons,
James and John. In 1990, after failing to hear from A: If Boni is still a Filipino citizen, his legal capacity is
Sonny, Lulu married Tirso, by whom she had a governed by Philippine Law. (Art. 15, NCC) Under Philippine
daughter, Verna. In 1991, Sonny visited the Philippines law, his marriage to Anne is void because of a prior existing
where he succumbed to heart attack. (2005 BAR) marriage which was not dissolved by the divorce decreed in
Oslo. Divorce obtained abroad by Filipino is not recognized.
(a) Discuss the effect of the divorce obtained by
Sonny and Lulu in Canada. If Boni was no longer a Filipino citizen, the divorce is valid.
Hence, his marriage to Anne is valid if celebrated in
A: The divorce obtained by Sonny in Canada was not valid accordance with the law of the place where it was
because he and his wife were both Filipino citizens. Divorce celebrated. Since the marriage was celebrated aboard a
between a Filipino couple is not valid under Philippine law vessel of Norwegian registry, Norwegian law applies. If the
even though they are living abroad. (Art. 15, NCC) Ship Captain has authority to solemnize the marriage
aboard his ship, the marriage is valid and shall be
(b) Explain the status of the marriage between recognized in the Philippines.
Sonny and Auring.
As to the second question, if Boni is still a Filipino, Anne can
A: Since the divorce obtained by Sonny was void, his file an action for declaration of nullity of her marriage to
marriage to Auring is necessarily void ab initio because of him.
his subsisting marriage to Lulu. (Art. 41, FC)
Q: Gene and Jane, Filipinos, met and got married in 11 Aug. 2010), the Court held that an action based on Art. 26
England while both were taking up postgraduate (2), FC is not limited to the recognition of the foreign
courses there. A few years after their graduation, they divorce decree. If the court finds that the decree capacitated
decided to annul their marriage. Jane filed an action to the alien spouse to remarry, the courts can declare that the
annul her marriage to Gene in England on the ground of Filipino spouse is likewise capacitated to contract another
the latter’s sterility, a ground for annulment of marriage.
marriage in England. The English court decreed the
marriage annulled. Returning to the Philippines, Gene In the same case, the Court also initially clarified that Art. 26
asked you whether or not he would now be free to (2), FC applies not only to cases where a foreigner was the
marry his former girlfriend. What would your legal one who procured a divorce of his/her marriage to a
advice be? (2003 BAR) Filipino spouse, but also to instances where, at the time of
the celebration of the marriage, the parties were Filipino
A: NO. Gene is not free to marry his former girlfriend. His citizens, but later on, one of them acquired foreign
marriage to Jane if valid according to the forms and citizenship by naturalization, initiated a divorce
solemnities of British law, is valid here. (Art. 17(1), NCC) proceeding, and obtained a favorable decree. (Luzviminda
However, since Gene and Jane are still Filipinos, although dela Cruz v. Ryoji Moriso, G.R. No. 226013, 02 July 2018)
living in England, the dissolution of their marriage is still
governed by Philippine law. (Art. 15, NCC) Since sterility is Q: Ben and Eva were both Filipino citizens at the time of
not one of the grounds for the annulment of marriage under their marriage in 1967. When their marriage turned
Art. 45, FC the annulment of Gene’s marriage to Jane on that sour, Ben went to a small country in Europe, got himself
ground is not valid in the Philippines. (Art. 17(1), NCC) naturalized there, and then divorced Eva in accordance
with the law of that country. Later, he returned to the
Q: Felipe and Felisa, both Filipino citizens, were Philippines with his new wife. Eva now wants to know
married in Malolos, Bulacan on 01 June 1950. In 1960, what action or actions she can file against Ben. She also
Felipe went to the United States, becoming a US citizen wants to know if she can likewise marry again. What
in 1975. In 1980, he obtained a divorce from Felisa, who advice can you give her? (1999 BAR)
was duly notified of the proceedings. The divorce
decree became final under California law. Coming back A: She may remarry. While a strict interpretation of Art. 26,
to the Philippines in 1982, Felipe married Segundina, a FC would capacitate a Filipino spouse to remarry only when
Filipino citizen. In 2001, Felipe, then domiciled in Los the other spouse was a foreigner at the time of the marriage,
Angeles, California, died, leaving one child by Felisa, the DOJ has issued an opinion (Opinion 134 s. of 1993) that
and another one by Segundina. He left a will which was the same injustice sought to be cured by Art. 26, FC is
executed in Manila under which he left his estate to present in the case of spouses who were both Filipino at the
Segundina and his two children and nothing to Felisa. time of the marriage but one became an alien subsequently.
Said injustice is the anomaly of Eva remaining married to
Segundina files a petition for the probate of Felipe’s her husband who is no longer married to her. Hence, said
will. Felisa questions the intrinsic validity of the will, Opinion makes Art. 26, FC applicable to her case and the
arguing that her marriage to Felipe subsisted despite divorce obtained abroad by her former Filipino husband
the divorce obtained by Felipe because said divorce is would capacitate her to remarry. To contract a subsequent
not recognized in the Philippines. For this reason, she marriage, all she needs to do is present to the civil registrar
claims that the properties left by Felipe are their the decree of divorce when she applies for a marriage
conjugal properties and that Segundina has no license under Art. 13, FC. (See also ruling in Republic v.
successional rights. (2002 BAR) Manalo, supra)
(a) Is the divorce secured by Felipe in California Q: Juan is a Filipino citizen residing in Tokyo, Japan.
recognizable and valid in the Philippines? State what laws govern his capacity to contract
marriage in Japan. (1998 BAR)
A: The divorce secured by Felipe in California is
recognizable and valid in the Philippines because he was no A: Juan’s capacity to contract marriage is governed by
longer a Filipino at the time he secured it. Aliens may obtain Philippine law pursuant to Art. 15, NCC, which provides that
divorces abroad which may be recognized in the Philippines our laws relating to, among others, legal capacity of persons
provided that they are valid according to their national law. are binding upon citizens of the Philippines even though
(Van Dorn v. Romillo, Jr., G.R. No. L-68470, 08 Oct. 1985; Quita living abroad.
v. Court of Appeals, G.R. No. 124862, 22 Dec. 1998; Llorente v.
Court of Appeals, G.R. No. 12437, 23 Nov. 2000) Q: In 1977, Mario and Clara, both Filipino citizens, were
married in the Philippines. Three (3) years later, they
(b) How does it affect Felipe’s marriage to Felisa? went to the United States of America and established
Explain. their residence in San Francisco, California. In 1987, the
couple applied for, and were granted, U.S. citizenship.
A: The divorce decree obtained capacitated both Felipe and In 1989, Mari, claiming to have been abandoned by
Felisa to remarry. In Corpuz v. Sto. Tomas (G.R. No. 186571, Clara, was able to secure a decree of divorce in Reno,
Nevada, USA. In 1990, Mario returned to the Philippines 3. The case must be filed before 03 Aug. 1988.
and married Juana who knew well Mario’s past life. Is Because if they got married before 03 Aug. 1998, it
the marriage between Mario and Juana valid? (1997 must be filed before 03 Aug. 1998.
BAR)
(b) for an annulment of the marriage contract; and
A: YES. In relation to Art. 15, NCC, Conflict of Laws provides
that the recognition of an absolute divorce granted in A: Annulment of the marriage contract:
another State rests on the citizenship of the parties at the
time the divorce was granted. (Paras, Phil. Conflict of Laws, 1. The drug addiction must be concealed;
p. 259) Applied in this case, the divorce decree issued to 2. It must exist at the time of marriage;
Clara and Mario will be recognized as valid here considering 3. There should be no cohabitation with full
that at the time the foreign decree was granted, both Clara knowledge of the drug addiction; and
and Mario are citizens of the USA, a country which 4. The case is filed within five (5) years from
grants/allows absolute divorce. Since the marriage discovery.
between Mario and Clara has been validly terminated,
Mario and Juana can freely marry each other. (c) For legal separation between the spouses?
Q: Flor and Virgilio were married to each other in Roxas A: Legal Separation:
City in 1980. In 1984, Flor was offered a teaching job in
Canada, which she accepted. In 1989, she applied for 1. There should be no condonation or consent to the
and was granted Canadian citizenship. The following drug addiction;
year, she sued for divorce from Virgilio in a Canadian 2. The action must be filed within five (5) years from
court. After Virgilio was served with summons, the the occurrence of the cause; and
Canadian court tried the case and decreed the divorce. 3. Drug addiction arises during the marriage and not
Shortly thereafter, Flor married a Canadian. Can at the time of marriage.
Virgilio marry again in the Philippines? (1996 BAR)
Q: Which of the following remedies, i.e., (a) declaration
A: YES. In Republic v. Orbecido (GR. No. 154380, 05 Oct. of nullity of marriage, (b) annulment of marriage, (c)
2005), the Supreme Court ruled that Art. 26(2), FC should legal separation, and/or (d) separation of property, can
be interpreted to include cases involving parties who, at the an aggrieved spouse avail himself/herself of: (2003
time of the celebration of the marriage were Filipino BAR)
citizens, but later on, one of them becomes naturalized as a
foreign citizen and obtains a divorce decree. (a) If the wife discovers after the marriage that her
husband has AIDS;
The instant case is one where at the time the marriage was
solemnized, the parties were two (2) Filipino citizens, but A: Since AIDS is a serious and incurable STD, the wife may
later on, the wife, Flor, was naturalized as a Canadian citizen file an action for annulment of the marriage on this ground
and subsequently obtained a divorce granting her capacity whether such fact was concealed or not from the wife,
to remarry, and indeed remarried a Canadian. Virgilio, the provided that the disease was present at the time of the
Filipino spouse, should likewise be allowed to remarry as if marriage. The marriage is voidable even though the
the other party were a foreigner at the time of the husband was not aware that he had the disease at the time
solemnization of the marriage. (See also ruling in Republic v. of marriage.
Manalo, supra)
(b) If the wife goes (to) abroad to work as a nurse
4. VOID AND VOIDABLE MARRIAGES and refuses to come home after the expiration
(2018, 2017, 2012, 2010, 2009, 2008, 2007, 2006, of her three-year contract there;
2005, 2003, 2002, 1997, 1996, 1995, 1993, 1991, 1990
BAR) A: If the wife refuses to come home for three (3) months
from the expiration of her contract, she is presumed to have
abandoned the husband and he may file an action for
Q: Under what conditions, respectively, may drug
judicial separation of property. If the refusal continues for
addiction be a ground, if at all: (1997, 2002 BAR)
more than one year from the expiration of her contract, the
husband may file an action for legal separation under Art.
(a) for a declaration of nullity of marriage;
55(10), FC on the ground of abandonment of petitioner by
respondent without justifiable cause for more than one
A: Declaration of nullity of marriage:
year. The wife is deemed to have abandoned the husband
when she leaves the conjugal dwelling without any
1. The drug addiction must amount to psychological
intention of returning. (Art. 101, FC) The intention not to
incapacity to comply with the essential obligations
return cannot be presumed during the three-year (3)
of marriage;
period of her contract.
2. It must be antecedent (existing at the time of
marriage), grave and incurable; and
(c) If the husband discovers after the marriage that the time of their marriage, Solenn and Sonny were only 19
his wife has been a prostitute before they got and 20 years old, respectively. Assuming their marriage was
married; under the Family Code, Art. 14 provides that parental
consent is required where either or both of the parties are
A: If the husband discovers after the marriage that his wife between 18 and 21 years old at the time of marriage. In the
was a prostitute before they got married, he has no remedy. absence of such parental consent, Art. 45, FC provides that
No misrepresentation or deceit as to character, health, rank, the marriage is voidable. Since the marriage was against
fortune or chastity shall constitute fraud as legal ground for their parents’ wishes, their marriage is voidable. Unlike in
an action for the annulment of marriage. (Art. 46, FC) the NCC, their being step-siblings is immaterial under the
Family Code and will not render the marriage void since
(d) If the husband has a serious affair with his such is not considered incestuous nor against public policy.
secretary and refuses to stop notwithstanding
advice from relatives and friends; (b) If the marriage is defective, can the marriage be
ratified by free cohabitation of the parties?
A: The wife may file an action for legal separation. The
husband’s sexual infidelity is a ground for legal separation. A: YES, it can be ratified by free cohabitation. Art. 45(1), FC
(Art. 55, FC) She may also file an action for judicial provides that such voidable marriage may be ratified by
separation of property for failure of her husband to comply free cohabitation of the party/ies over 18 years old but
with his marital duty of fidelity. (Art. 135 (4), in relation to below 21 who married without the consent of his/her
Art. 101, FC) parents, by living together as husband and wife after
attaining the age of 21. Here, Solenn and Sonny freely
(e) If the husband beats up his wife every time he cohabitated and lived as husband and wife after attaining
comes home drunk. 21 years, then the marriage is considered ratified, provided
that the parents have not filed an action for annulment
A: The wife may file an action for legal separation on the before the parties reached 21 years old.
ground of repeated physical violence on her person. (Art.
55(1), FC) She may also file an action for judicial Q: State whether the following marital unions are valid,
separation of property for failure of the husband to comply void, or voidable, and give the corresponding
with his marital duty of mutual respect. (Art. 135(4), in justifications for your answer: (2017, 2008 BAR)
relation to Art. 101, FC) She may also file an action for
declaration of nullity of the marriage if the husband’s (a) Ador and Becky’s marriage wherein Ador was
behavior constitutes psychological incapacity existing at afflicted with AIDS prior to the marriage.
the time of the celebration of marriage.
A: The marriage is voidable, because Ador was afflicted with
Q: A petition for declaration of nullity of a void marriage a serious and incurable STD at the time of marriage. For a
can only be filed by either the husband or the wife. Do marriage to be annulled under Art. 45(6), the STD must be:
you agree? Explain your answer. (2012 BAR) 1. Existing at the time of marriage;
2. Found to be serious and incurable; and
A: YES, I agree. Under the rules promulgated by the 3. Unknown to the other party.
Supreme Court, a direct action for declaration of nullity may
only be filed by any of the spouses. Since Ador was afflicted with AIDS, which is a serious and
incurable disease, and the condition existed at the time of
Q: Sidley and Sol were married with one (1) daughter, marriage, the marriage is voidable, provided that such
Solenn. Sedfrey and Sonia were another couple with illness was not known to Becky.
one son, Sonny. Sol and Sedfrey both perished in the
same plane accident. Sidley and Sonia met when the (b) Carlos’ marriage to Dina which took place after
families of those who died sued the airlines and went Dina had poisoned her previous husband Edu in
through grief-counseling sessions. Years later, Sidley order to free herself from any impediment in
and Sonia got married. At that time, Solenn was four (4) order to live with Carlos.
years old and Sonny was five (5) years old. These two
(2) were then brought up in the same household. A: The marriage of Carlos to Dina is void for reasons of
Fifteen (15) years later, Solenn and Sonny developed public policy. Art. 38(9), FC provides that marriage between
romantic feelings towards each other, and eventually parties where one, with the intention to marry the other,
eloped. On their own and against their parents' wishes, killed that other person’s spouse or his or her own spouse
they procured a marriage license and got married in is void from the beginning for reasons of public policy.
church. (2018 BAR)
(c) Eli and Fely’s marriage solemnized seven years
(a) Is the marriage of Solenne and Sonny valid, after the disappearance of Chona, Eli’s previous
voidable, or void? spouse, after the plane she had boarded
crashed in the West Philippine Sea.
A: The marriage is voidable for lack of parental consent. At
A: The marriage is void under Art. 35(4) in relation to Art. marriage license.
41, FC. The requisites of a valid marriage under Art. 41, FC
are as follows: 1) the prior spouse had been absent for four Q: Baldo, a rejected suitor, intimidated Judy into
consecutive years, except when the disappearance is in marrying him. While she wanted to question the
danger of death which only requires two years; 2) the validity of their marriage two years after the
present spouse had a well-founded belief that the absent intimidation ceased, Judy decided in the meantime to
spouse was already dead; and 3) the spouse present must freely cohabit with Baldo. After more than five (5) years
institute a summary proceeding for declaration of following their wedding, Judy wants to file a case for
presumptive death. There is nothing in the facts that annulment of marriage against Baldo on ground of lack
suggest that Eli instituted a summary proceeding for of consent. Will her action prosper? (2011 BAR)
declaration of presumptive death of her previous spouse
and this cannot be presumed. Thus, the exception under Art. (a) Yes, the action for annulment is
35(4), FC is inapplicable and the subsequent marriage is imprescriptible.
void. (b) No, since the marriage was merely voidable,
and Judy ratified it by freely cohabiting with
ALTERNATIVE ANSWER: Baldo after the force and intimidation had
ceased.
If the marriage was celebrated under the NCC, the marriage (c) No, since the action prescribed five (5) years
would be valid, as no declaration of presumptive death is from the date of the celebration of the
necessary under Art. 391 of the said Code. marriage.
(d) Yes, because the marriage was celebrated
(d) David who married Lina immediately the day without Judy's consent freely given.
after obtaining a judicial decree annulling his
prior marriage to Elisa. A: (b) NO, since the marriage was merely voidable, and Judy
ratified it by freely cohabiting with Baldo after the force and
A: The marriage is valid as there were no facts showing that intimidation had ceased.
David and Lina have properties and children, which would
render the marriage void under Art. 53, FC, in relation to Q: Conrad and Linda, both 20 years old, applied for a
Art. 52, FC. In addition, David and Lina have no impediment marriage license, making it appear that they were over
to marry. 25. They married without their parents’ knowledge
before an unsuspecting judge. After the couple has been
ALTERNATIVE ANSWER: in cohabitation for 6 years, Linda’s parents filed an
action to annul the marriage on ground of lack of
If the spouses have properties and children, the marriage is parental consent. Will the case prosper? (2011 BAR)
void under Art. 53, FC, in relation to Art. 52, FC. For a
marriage subsequent to a judgment of annulment of a (a) No, since only the couple can question the
previous marriage to be valid, the properties of the spouses validity of their marriage after they became 21
must have been partitioned and distributed, the of age; their cohabitation also convalidated the
presumptive legitimes of children, if any, must have been marriage.
delivered, and the aforementioned facts must be recorded (b) No, since Linda’s parents made no allegations
in the civil registry and registries of property. The marriage that earnest efforts have been made to come to
was entered into the day after obtaining a judicial decree of a compromise with Conrad and Linda and
annulment and it would have been impossible for David to which efforts failed.
comply with the requirements in such a short time. (c) Yes, since the marriage is voidable, the couple
Therefore, the marriage is void. being below 21 years of age when they married.
(d) Yes, since Linda’s parents never gave their
(e) Marriage of Zoren and Carmina who did not consent to the marriage
secure a marriage license prior to their
wedding but lived together as husband and wife A: (a) NO, since only the couple can question the validity of
for ten (10) years without any legal impediment their marriage after they became 21 of age; their
to marry. cohabitation also convalidated the marriage.
A: If Zoren and Carmina lived together as husband and wife Q: True or False. The day after John and Marsha got
for ten (10) years prior to their marriage, then the marriage married, John told her that he was impotent. Marsha
is valid, despite the absence of the marriage license. An continued to live with John for two (2) years. Marsha is
exception to the rule that a marriage shall be void if now estopped from filing an annulment case against
solemnized without license under Art. 35(3) is that John. (2010, 2007 BAR)
provided for under Art. 34, FC. When a man and a woman
have lived together as husband and wife for at least five (5) A: FALSE. Marsha is not estopped from filing an annulment
years and without any legal impediment to marry each case against John on the ground of his impotence, because
other, they may celebrate the marriage without securing a she learned of his impotence after the celebration of the
marriage and not before. Physical incapacity to the parties do not belong to his congregation. After five
consummate is a valid ground for the annulment of (5) years of married life and blessed with two (2)
marriage if such incapacity was existing at the time of the children, the spouses developed irreconcilable
marriage, continues and appears to be incurable. The differences, so they parted ways. While separated, Ric
marriage may be annulled on this ground within five years fell in love with Juliet, a 16-year-old sophomore in a
from its celebration. (Art. 45(5), FC) local college and a Seventh Day Adventist. They decided
to get married with the consent of Juliet's parents. She
Q: Emmanuel and Margarita, American citizens and presented to him a birth certificate showing she is 18
employees of the U.S. State Department, got married in years old. Ric never doubted her age much less the
the African state of Kenya where sterility is a ground for authenticity of her birth certificate. They got married in
annulment of marriage. Thereafter, the spouses were a Catholic church in Manila. A year after, Juliet gave
assigned to the U.S. Embassy in Manila. On the first year birth to twins, Aissa and Aretha. (2006 BAR)
of the spouses’ tour of duty in the Philippines,
Margarita filed an annulment case against Emmanuel (a) What is the status of the marriage between Gigi
before a Philippine court on the ground of her and Ric — valid, voidable or void? Explain.
husband’s sterility at the time of the celebration of the
marriage. Assume Emmanuel and Margarita are both A: The marriage between Gigi and Ric is void because a
Filipinos. After their wedding in Kenya, they come back minister has no authority to solemnize a marriage between
and take up residence in the Philippines. Can their contracting parties who were both not members of the
marriage be annulled on the ground of Emmanuel’s minister’s religious sect. Under the Family Code, a minister
sterility? (2009 BAR) or a priest has authority to solemnize a marriage but only if
one or both contracting parties are members of the religious
A: NO, the marriage cannot be annulled under Philippine sect of the priest or minister. Since neither Ric nor Gigi was
law. Sterility is not a ground for annulment of marriage a member of the Baptist Church because both of them were
under Art. 45, FC. Catholic, the Baptist Minister did not have authority to
solemnize their marriage.
Q: Despite several relationships with different women,
Andrew remained unmarried. His first relationship Ric and Gigi cannot claim that they believed in good faith
with Brenda produced a daughter, Amy, now 30 years and that the Baptist Minister had the authority to solemnize
old. His second, with Carla, produced two (2) sons: Jon the marriage and invoke Art. 35(2), FC to make the marriage
and Ryan. His third, with Elena, bore him no children valid. The provision of the Family Code applies only to a
although Elena has a daughter, Jane, from a previous mistake of fact, and not to a mistake of law. Hence the fact
relationship. His last, with Fe, produced no biological that the Minister’s license was expired will not affect the
children but they informally adopted without court validity of the marriage if Ric or Gigi believed in good faith
proceedings, Sandy's now 13 years old, whom they that the Minister had a valid license. That would be a
consider as their own. Sandy was orphaned as a baby mistake of fact. However, believing that the Minister had
and was entrusted to them by the midwife who authority to solemnize the marriage even if none of the
attended to Sandy's birth. All the children, including contracting parties was a member of the Minister’s religious
Amy, now live with Andrew in his house. Can Jon and sect is a mistake of law. This is because the law expressly
Jane legally marry? (2008 BAR) provides that the Minister has authority only if one or both
contracting parties are members of the Minister’s religious
A: YES. Jon and Jane can marry each other; Jon is an sect. (Art. 7(2), FC) A mistake of law does not excuse from
illegitimate child of Andrew while Jane is a child of Elena non-compliance.
from a previous relationship. Thus, their marriage is not one
of the prohibited marriages enumerated under Art. 38, FC. (b)What is the status of the marriage between Ric
and Juliet — valid, voidable or void?
Q: True or False. Amor gave birth to Thelma when she
was 15 years old. Thereafter, Amor met David and they A: The marriage between Ric and Juliet is void because Juliet
got married when she was 20 years old. David had a son, was below 18 years of age. Under the Family Code, the
Julian, with his ex-girlfriend Sandra. Julian and Thelma requisite age for legal capacity to contract marriage is 18
can get married. (2007 BAR) years old and a marriage by a party who is below 18 years
old is void under all circumstances. Hence, even though
A: TRUE. Julian and Thelma can get married. Marriage Juliet’s parents have given their consent to the marriage and
between stepbrothers and stepsisters are not among the even though Ric believed in good faith that she was 18 years
marriages prohibited under the Family Code. old, the marriage is void. (Art. 35(1), FC)
Q: Gigi and Ric, Catholics, got married when they were (c) Suppose Ric himself procured the falsified birth
18 years old. Their marriage was solemnized on 02 Aug. certificate to persuade Juliet to marry him
1989 by Ric's uncle, a Baptist Minister, in Calamba, despite her minority and assured her that
Laguna. He overlooked the fact that his license to everything is in order. He did not divulge to her
solemnize marriage expired the month before and that his prior marriage with Gigi. What action, if any,
can Juliet take against him? Explain. considered but was unsuccessful. Assuming that Baby
continued living with Bert during the rehabilitation of the
A: Juliet may file an action to declare her marriage to Ric null latter, the fraud under Art. 45(3) in relation to Art. 46(6), FC
and void on the ground that she was not of marrying age. is ratified by their free cohabitation.
She may also file a criminal case against Ric for Bigamy
because he contracted the marriage with her without a As for legal separation, choosing to first rehabilitate her
judicial declaration of nullity of his first marriage to Gigi. husband before filing for legal separation after it has failed
She may also file a criminal case for Falsification, Perjury, or can be deemed as condonation. (Art. 56(1), FC)
Illegal Marriage as the case may be.
Q: Yvette was found to be positive for HIV virus,
In case the facts and the evidence will warrant, she may also considered sexually transmissible, serious and
file a criminal case for Seduction. In all these cases, Juliet incurable. Her boyfriend Joseph was aware of her
may recover damages. condition and yet married her. After two (2) years of
cohabiting with Yvette, and in his belief that she would
(d)If you were the counsel for Gigi, what action/s probably never be able to bear him a healthy child,
will you take to enforce and protect her Joseph now wants to have his marriage with Yvette
interests? Explain. annulled. Yvette opposes the suit contending that
Joseph is estopped from seeking annulment of their
A: As counsel for Gigi, I will file an action for declaration of marriage since he knew even before their marriage that
nullity of Gigi’s marriage to Ric on the ground of absence of she was afflicted with HIV virus. Can the action of
authority of the Baptist minister to solemnize the marriage Joseph for annulment of his marriage with Yvette
between Ric and Gigi who were both non-members of the prosper? Discuss fully. (1995 BAR)
Baptist Church. (Art. 7(2), FC)
A: YES, the petition for annulment will prosper. Art. 45(6),
Q: In 1985, Sonny and Lulu, both Filipino citizens, were FC will apply in this case and not Art. 45(3) in relation to
married in the Philippines. In 1987, they separated, and Art. 46(3), FC. Yvette’s condition was not concealed,
Sonny went to Canada, where he obtained a divorce in however, an STD found to be serious and incurable is still a
the same year. He then married another Filipina, ground for annulment. In this case, estoppel cannot apply
Auring, in Canada on 01 Jan. 1988. They had two sons, against Joseph because the law does not qualify the
James and John. In 1990, after failing to hear from knowledge of the spouse as regards said ground.
Sonny, Lulu married Tirso, by whom she had a Accordingly, Joseph still has three (3) years to file for
daughter, Verna. In 1991, Sonny visited the Philippines annulment. Thus, the action will prosper.
where he succumbed to heart attack. Explain the status
of the marriage between Lulu and Tirso. (2005 BAR) Q: A and B, both 18 years old, were sweethearts
studying in Manila. On 03 Aug. 1988, while in first-year
A: The marriage between Lulu and Tirso is void ab initio college, they eloped. They stayed in the house of a
because Lulu is still validly married to Sonny. mutual friend in town X, where they were able to obtain
a marriage license. On 30 Aug. 1988, their marriage was
Q: Bert and Baby were married to each other on 23 Dec. solemnized by the town mayor of X in his office.
1988. Six (6) months later, she discovered that he was a Thereafter, they returned to Manila and continued to
drug addict. Efforts to have him rehabilitated were live separately in their respective boarding houses,
unsuccessful. Can Baby ask for annulment of marriage, concealing from their parents, who were living in the
or legal separation? Explain. (1996 BAR) province what they had done. In 1992, after graduation
from college, A and B decided to break their relation
A: YES. Baby can file for annulment or legal separation. and parted ways. Both went home to their respective
There is no showing in the facts that the action had towns to live and work. Can either or both of them
prescribed. Thus, assuming that Bert’s drug addiction was contract marriage with another person without
concealed and existed at the time of the marriage, committing bigamy? Explain your answer. (1993 BAR)
annulment can still be had because Baby is given five (5)
years upon discovery to file the same. (Art. 47(3), FC) As for A: Either or both of the parties cannot contract marriage in
legal separation, Baby is also given a period of five (5) years. the Philippines with another person without committing
(Art. 57, FC) bigamy, unless there is compliance with the requirements
of Art. 52, FC namely: there must be a judgment of
ALTERNATIVE ANSWER: annulment or absolute nullity of the marriage, partition and
distribution of the properties of the spouses and the
NO, Baby cannot file for annulment or legal separation, delivery of their children’s presumptive legitimes, which
having been ratified by her continuous cohabitation and shall be recorded in the appropriate Civil Registry of
condonation, respectively. Property, otherwise, the same shall not affect third persons
and the subsequent marriage shall be null and void. (Arts.
As for annulment, upon discovery of her husband’s 52 and 53, FC)
addiction, it is stated in the facts that rehabilitation was
Q: Maria and Luis, both Filipinos, were married by a although itself void, had not yet been judicially declared
Catholic priest in Lourdes Church, Quezon City in 1976, void.
Luis was drunk on the day of his wedding. In fact, he
slumped at the altar soon after the ceremony. After Q: One of the grounds for annulment of marriage is that
marriage, Luis never had a steady job because he was either party, at the time of their marriage was afflicted
drunk most of the time. Finally, he could not get with a sexually-transmissible disease (STD), found to
employed at all because of drunkenness. Hence, it was be serious and appears incurable. Two (2) years after
Maria who had to earn a living to support herself and their marriage, which took place on 10 Oct. 1988,
her child begotten with Luis. In 1986, Maria filed a Bethel discovered that her husband James has an STD
petition in the church matrimonial court in Quezon City which he contracted even prior to their marriage
to annul her marriage with Luis on the ground of although James did not know it himself until he was
psychological incapacity to comply with his marital examined two (2) years later when a child was already
obligation. Her petition was granted by the church born to them. Bethel sues James for annulment of their
matrimonial court. (1993 BAR) marriage. James opposes the annulment on the ground
that he did not even know that he had such a disease so
(a) Can Maria now get married legally to another that there was no fraud or bad faith on his part. Decide.
man under Philippine laws after her marriage (1991 BAR)
to Luis was annulled by the church matrimonial
court? Explain. A: The marriage can be annulled, because good faith is not
a defense when the ground is based upon STD on the part of
A: NO, Maria cannot validly contract a subsequent marriage either party.
without a court declaration of nullity of the first marriage.
The law does not recognize the church declaration of nullity Q: Suppose that both parties at the time of their
of a marriage. marriage were similarly afflicted with STDs, serious
and incurable, and both knew of their respective
(b) What must Maria do to enable her to get infirmities, can Bethel or James sue for annulment of
married lawfully to another man under their marriage? (1991 BAR)
Philippine laws?
A: YES, the marriage can still be annulled because the fact
A: To enable Maria to get married lawfully to another man, that both of them are afflicted with STDs does not efface or
she must obtain a judicial declaration of nullity of the prior nullify the ground.
marriage under Art. 36, FC.
Q: B and G, age 20 and 19, respectively, and both single,
Q: In June 1985, James married Mary. In Sept. 1988, he eloped and got married to each other without parental
also married Ophelia with whom he begot two (2) consent in the case of G, a teenage student of an
children, A and B. In July 1989, Mary died. In July 1990, exclusive college for girls. Three (3) years later, her
he married Shirley and abandoned Ophelia. During parents wanted to seek judicial annulment on that
their union, James and Ophelia acquired a residential ground. You were consulted and asked to prepare the
lot worth P300,000.00. Ophelia sues James for bigamy proper complaint. What advice would you give G’s
and prays that his marriage with Shirley be declared parents? Explain your answer. (1990 BAR)
null and void. James, on the other hand, claims that
since his marriage to Ophelia was contracted during the A: I would advise G’s parents that G herself should file the
existence of his marriage with Mary, the former is not complaint under Art. 45, FC, and no longer the parents,
binding upon him, the same being void ab initio. He because G is already 22 years of age.
further claims that his marriage to Shirley is valid and
binding as he was already legally capacitated at the COMPLIANCE REQUIREMENTS IN CASES
time he married her. Is the contention of James correct? OF JUDGMENTS OF ABSOLUTE NULLITY OR
(1991 BAR) OF ANNULMENT OF MARRIAGE
(2010, 1993, 1991, 1990 BAR)
A: YES. His marriage to Ophelia is void ab initio because of
his subsisting prior marriage to Mary. His marriage to Q: Is there any law which allows the delivery to
Shirley, after Mary’s death, is valid and binding. compulsory heirs of their presumptive legitimes during
the lifetime of their parents? If so, in what instances?
ALTERNATIVE ANSWER: (1991 BAR)
NO. The contention of James is not correct. Art. 40, FC A: YES, under Arts. 51 and 52, FCC in case of legal
provides that the “absolute nullity of a previous marriage separation, annulment of marriage, declaration of nullity of
may be invoked for purposes of remarriage on the basis marriage and the automatic termination of a subsequent
solely of a final judgment declaring such previous marriage marriage by the reappearance of the absent spouse, the
void.” It can be said, therefore, that the marriage of James to common or community property of the spouses shall be
Shirley is void since his previous marriage to Ophelia, dissolved and liquidated.
Art. 51. In said partition, the value of the presumptive A: The children of the first marriage shall be considered
legitimes of all common children, computed as of the date of legitimate children if conceived or born before the
the final judgment of the trial court, shall be delivered in judgment of annulment of the marriage of H and W has
cash, property or sound securities, unless the parties, by become final and executory. Children conceived or born of
mutual agreement, judicially approved, had already the subsequent marriage shall likewise be legitimate even if
provided for such matters. the marriage of H and S be null and void for failure to
comply with the requisites of Art. 52, FC. (Art. 53, FC)
The guardian of their children, or the trustee of their
property, may ask for the enforcement of the judgment. As legitimate children, they have the following rights:
1. To bear the surnames of the father and the mother
They delivery of the presumptive legitimes herein in conformity with the provisions of the NCC on
prescribed shall in no way prejudice the ultimate Surnames;
successional rights of the children accruing upon the death 2. To receive support from their parents, their
of either or both of the parents; but the value of the ascendants and in proper cases, their brothers and
properties already received under the decree of annulment sisters, in conformity with the provisions of this
or absolute nullity shall be considered as advances on their Code on Support; and
legitime. 3. To be entitled to the legitime and other successional
rights granted to them by the NCC. (Art. 174, FC)
Art. 52. The judgment of annulment or of absolute nullity of
the marriage, the partition and distribution of the a. NULL AND VOID MARRIAGE
properties of the spouses, and the delivery of the children’s UNDER ARTICLE 36
presumptive legitimes shall be recorded in the appropriate
civil registry and registries of property; otherwise, the same NOTE: Under the 2022 Bar Syllabus, the title of this
shall not affect third persons. subheading is “Annulment under Article 36.” However, Art.
36 is not a ground for annulment.
Q: The marriage of H and W was annulled by the
competent court. Upon finality of the judgment of Q:
nullity, H began looking for his prospective second (a) Give a brief definition or explanation of the
mate. He fell in love with a sexy woman, S, who wanted term “psychological incapacity” as a ground
to be married as soon as possible i.e., after a few months for the declaration of nullity of a marriage.
of courtship. As a young lawyer you were consulted by (2002 BAR)
H. (1990 BAR)
A: Psychological Incapacity is a mental disorder of the most
(a) How soon can H be joined in lawful wedlock to serious type showing the incapability of one or both
his girlfriend S? Under existing laws, are there spouses to comply the essential marital obligations of love,
certain requisites that must be complied with respect, cohabitation, mutual help and support, trust and
before he can remarry? What advice would you commitment. It must be characterized by juridical
give H? antecedence, gravity and incurability and its root causes
must be clinically identified or examined. (Santos v. Court of
A: H or either spouse for that matter, can marry again after Appeals, G.R. No. 112019, 04 Jan. 1995)
complying with the provisions of Art. 52, FC, namely, there
must be a partition and distribution of the properties of the NOTE: In the case of Tan-Andal v. Andal (G.R. No. 196359, 11
spouses, and the delivery of the children’s presumptive May 2021), the Court determined that psychological
legitimes, which should be recorded in the appropriate civil incapacity should mean “no less than a mental (not
registry and registries of property. H should be so advised. physical) incapacity that causes a party to be truly
incognitive of the basic marital covenants that
(b) Suppose that children were born from the concomitantly must be assumed and discharged by the
union of H and W, what would be the status of parties to the marriage. It must refer to the most serious
said children? Explain your answer. cases of personality disorders clearly demonstrative of an
utter insensitivity or inability to give meaning and
A: The children born from the union of H and W would be significance to the marriage.”
legitimate children if conceived or born before the decree of
annulment of the marriage (Art. 45, FC) has become final (b) If existing at the inception of marriage,
and executory. (Art. 54, FC) would the state of being of unsound mind or
the concealment of drug addiction, habitual
(c) If the subsequent marriage of H to S was alcoholism, homosexuality or lesbianism be
contracted before compliance with the considered indicia of psychological
statutory condition for its validity, what are the incapacity? Explain. (2002 BAR)
rights of the children of the first marriage (i.e.,
of H and W) and of the children of the A: In the case of Santos v. Court of Appeals (G.R. No. 112019,
subsequent marriage (of H and S)? 04 Jan. 1995), the Supreme Court held that being of unsound
mind, drug addiction, habitual alcoholism, lesbianism or A: NO, a Petition for Declaration of Nullity of Marriage
homosexuality may be an indicia of psychological under Art. 36, FC will not prosper. Even if taken as true, the
incapacity, depending on the degree of severity of the grounds alleged are not sufficient to declare the marriage
disorder. However, the concealment of drug addiction, void under “psychological incapacity.” In Santos v. Court of
habitual alcoholism, lesbianism or homosexuality is a Appeals (G.R. No. 112019, 04 Jan. 1995) the Supreme Court
ground of annulment of marriage. explained that psychological incapacity must be
characterized by (a) gravity, (b) juridical antecedence, and
(c) If drug addiction, habitual alcoholism, (c) incurability. The illness must be shown as downright
lesbianism or homosexuality should occur incapacity or inability to perform one’s marital obligations,
only during the marriage, would these not a mere refusal, neglect, difficulty, or much less, ill will.
constitute grounds for a declaration of
nullity or for legal separation, or would they While Lina was not examined by a physician, the Supreme
render the marriage voidable? (2002 BAR) Court has ruled in Marcos v. Marcos (G.R. No. 136490, 19 Oct.
2000) that actual medical examination need not be resorted
A: In accordance with law, if drug addiction, habitual to where the totality of evidence presented is enough to
alcoholism, lesbianism or homosexuality should occur only sustain a finding of psychological incapacity. However, in
during the marriage, they: this case, the pieces of evidence presented are not sufficient
1. Will not constitute as grounds for declaration of to conclude that indeed Lina is suffering from psychological
nullity; (Art. 36, FC) incapacity existing already before the marriage, incurable
2. Will constitute as grounds for legal separation; (Art. 55, and serious enough to prevent her from performing her
FC) and essential marital obligations.
3. Will not constitute as grounds to render the marriage
voidable. (Arts. 45 and 46, FC) ALTERNATIVE ANSWER:
Q: Art. 36, FC provides that a marriage contracted by NO, a Petition for Declaration of Nullity of Marriage under
any party who, at the time of the celebration, was Art. 36, FC will not prosper. However, a Petition for
psychologically incapacitated to comply with the Annulment of Marriage under Art. 45, FC may prosper, on
essential marital obligations of marriage, shall be void. the ground of unsound mind, assuming that Lina’s unsound
Choose the spouse listed below who is psychologically mind existed at the time of the celebration of the marriage.
incapacitated. Explain. (2006 BAR)
Q: Kardo met Glenda as a young lieutenant and after a
(A) Nagger whirlwind courtship, they were married. In the early
(B) Gay or Lesbian part of his military career, Kardo was assigned to
(C) Congenital sexual pervert different places all over the country, but Glenda refused
(D)Gambler to accompany him as she preferred to live in her
(E) Alcoholic hometown. They did not live together until the 12th
year of their marriage when Kardo had risen up the
A: (b) Gay or Lesbian. The gay or lesbian is psychologically ranks and was given his own command. They moved to
incapacitated. Being gay or lesbian is a mental disorder living quarters in Fort Gregorio. One day, while Kardo
which prevents the afflicted person from performing the was away on official business, one of his military aides
essential duties of married life. He or she will not be able to caught Glenda having sex with the corporal assigned as
perform his duty of sexual consortium with his or her Kardo's driver. The aide immediately reported the
spouse due to his or her sexual preference for a person of matter to Kardo who rushed home to confront his wife.
the same sex. However, the law requires that the disorder Glenda readily admitted the affair and Kardo sent her
or state of being gay or lesbian incapacitating such person away in anger. Kardo would later come to know the true
must be existing at the time of the celebration of the extent of Glenda's unfaithfulness from his aides, his
marriage. household staff, and former neighbors who informed
him that Glenda has had intimate relations with various
Q: Leo married Lina and they begot a son. After the birth men throughout their marriage whenever Kardo was
of their child, Lina exhibited unusual behavior and away on assignment.
started to neglect her son; she frequently went out with
her friends and gambled in casinos. Lina later had Kardo filed a petition for declaration of nullity of
extra-marital affairs with several men and eventually marriage under Art. 36, FC. Based on interviews from
abandoned Leo and their son. Leo was able to talk to the Kardo, his aide, and the housekeeper, a psychologist
psychiatrist of Lina who told him that Lina suffers from testified that Glenda's habitual infidelity was due to her
dementia praecox, a form of psychosis where the affliction with Histrionic Personality Disorder, an
afflicted person is prone to commit homicidal attacks. illness characterized by excessive emotionalism and
Leo was once stabbed by Lina but fortunately he only uncontrollable attention-seeking behavior rooted in
suffered minor injuries. Will a Petition for Declaration Glenda's abandonment as a child by her father. Kardo
of Nullity of Marriage filed with the court prosper? himself, his aide, and his housekeeper also testified in
Explain. (2016 BAR) court. The RTC granted the petition, relying on the
liberality espoused by Te v. Te and Azcueta v. Republic. fulfill his duties as a husband and as a father to their
However, the OSG filed an appeal, arguing that sexual children. The NAMT concluded that it is for the best
infidelity was only a ground for legal separation and interest of Paz, Ariz and their children to have the
that the RTC failed to abide by the guidelines laid down marriage annulled.
in the Molina case. How would you decide the appeal?
(2015 BAR) In view of the NAMT decision, Paz decided to file a
Petition for Declaration of Nullity of Marriage of their
A: I will resolve the appeal in favor of the Republic. In the civil wedding before the Regional Trial Court (RTC) of
case of Dedel v. Dedel (G.R. No. 151867, 29 Jan. 2004), the Makati City using the NAMT decision and the same
Supreme Court refused to declare the marriage of the evidence adduced in the church annulment
parties void on the ground of sexual infidelity of the wife proceedings as basis. If you are the judge, will you grant
Sharon. In the case mentioned, the wife committed infidelity the petition? Explain. (2014 BAR)
with several men up to the extent of siring two illegitimate
children with a foreigner. The Court, however, said that it A: NO, I will not grant the petition if I were the Judge While
was not shown that the sexual infidelity was a product of a the decision of the church tribunal annulling the marriage
disordered personality and that it was rooted in the history of the parties may be persuasive, it is not however, binding
of the party alleged to be psychologically incapacitated. upon the civil courts. For psychological incapacity to be a
Also, the finding of psychological incapacity cannot be ground for nullity, it must be shown that it was rooted in the
based on the interviews conducted by the clinical history of the party alleged to be suffering from it, it must
psychologist on the husband or his witnesses and the be grave and serious, and incurable such that it renders the
person alleged to be psychologically incapacitated must be person incapacitated to perform the essential marital
personally examined to arrive at such declaration. (Marcos obligations due to causes psychological in nature. In the
v. Marcos, G.R. No. 136490, 19 Oct. 2000; Agraviador v. case presented, it appears that Ariz fulfilled his marital
Agraviador, G.R. No. 170729, 08 Dec. 2010) obligations at the beginning, and it was only after feeling
envious about the success of Paz that he started exhibiting
NOTE: In the landmark case of Tan Andal v. Andal (G.R. No. violent tendencies and refused to comply with marital
196359, 11 May 2021), the Court categorically abandoned obligations. Psychological incapacity is not mere refusal but
the second Molina guideline. Psychological incapacity is outright incapacity to perform marital obligations which
neither a mental incapacity nor a personality disorder that does not appear to be present in the case of Ariz. (Marcos v.
must be proven through expert opinion. Ordinary witnesses Marcos, G.R. No. 136490, 19 Oct. 2000)
who have been present in the life of the spouses before the
latter contracted marriage may testify on behaviors that Q: Miko and Dinah started to live together as husband
they have consistently observed from the supposedly and wife without the benefit of marriage in 1984. Ten
incapacitated spouse. (10) years after, they separated. In 1996, they decided
to live together again, and in 1998, they got married. On
Q: Ariz and Paz were officemates at Perlas ng Silangan 17 Feb. 2001, Dinah filed a complaint for declaration of
Bank (PSB). They fell in love with each other and had a nullity of her marriage with Miko on the ground of
civil and church wedding. Meanwhile, Paz rapidly psychological incapacity under Art. 36, FC The court
climbed the corporate ladder of PSB and eventually rendered the following decision:
became its Vice President, while Ariz remained one of
its bank supervisors, although he was short of 12 units 1. “Declaring the marriage null and void;
to finish his Masters of Business Administration (MBA) 2. Dissolving the regime of absolute community of
degree. property; and
3. Declaring that a decree of absolute nullity of
Ariz became envious of the success of his wife. He marriage shall only be issued after liquidation,
started to drink alcohol until he became a drunkard. He partition and distribution of the parties’
preferred to join his "barkadas"; became a wifebeater; properties under Art. 147, FC.
would hurt his children without any reason; and failed
to contribute to the needs of the family. Despite Dinah filed a motion for partial reconsideration
rehabilitation and consultation with a psychiatrist, his questioning the portion of the decision on the issuance
ways did not change. of a decree of nullity of marriage only after the
liquidation, partition and distribution of properties
After 19 years of marriage, Paz, a devout Catholic, under Art. 147, FC.
decided to have their marriage annulled by the church.
Through the testimony of Paz and a psychiatrist, it was If you are the judge, how will you decide petitioner’s
found that Ariz was a spoiled brat in his youth and was motion for partial reconsideration? Why? (2014 BAR)
sometimes involved in brawls. In his teens, he was once
referred to a psychiatrist for treatment due to his A: I will grant partial reconsideration. If the marriage is
violent tendencies. In due time, the National Appellate declared void under Art. 36, FC the provisions of the Family
Matrimonial Tribunal (NAMT) annulled the union of Code on liquidation, partition, and distribution of the
Ariz and Paz due to the failure of Ariz to perform and properties on absolute community or conjugal partnership
will not apply but rather Art. 147 or 148, FC depending on 2006), blatant display of infidelity and irresponsibility
the presence or absence of a legal impediment between (Dedel v. Court of Appeals, G.R. No. 151867, 29 Jan. 2004), or
them. In Diño v. Diño (G.R. No. 178044, 19 Jan. 2011), the SC being hooked to gambling and drugs. (Republic v. Tanyag-
ruled that Art. 50, FC and Sec. 19 of the Rules on Declaration San Jose, G.R. No. 168328, 22 Feb. 2007)
of Nullity apply only to marriages that are declared void ab
initio or annulled by final judgment under Arts. 40 and 45, NOTE: In the case of Tan-Andal v. Andal (G.R. No. 196359, 11
FC. In short, Art. 50, FC does not apply to marriages that are May 2021), the Court unanimously modified the
declared void ab initio under Art. 36, FC which should be interpretation of the requirements of psychological
declared void without waiting for the liquidation of the incapacity as a ground for declaration of nullity of marriage
properties of the parties. found in Art. 36, FC.
Q: You are a Family Court judge and before you is a With respect to gravity, the requirement is retained, not in
Petition for the Declaration of Nullity of Marriage the sense that psychological incapacity must be shown to be
(under Art. 36, FC) filed by Maria against Neil. Maria a serious or dangerous illness, but that “mild
claims that Neil is psychologically incapacitated to characterological peculiarities, mood changes, occasional
comply with the essential obligations of marriage emotional outbursts” are excluded. The psychological
because Neil is a drunkard, a womanizer, a gambler, incapacity cannot be mere “refusal, neglect, or difficulty,
and a mama's boy—traits that she never knew or saw much less ill will.” In other words, it must be shown that the
when Neil was courting her. Although summoned, Neil incapacity is caused by a genuinely serious psychic cause.
did not answer Maria's petition and never appeared in
court. With respect to juridical antecedence, difficult to prove as
it may be, it is still required to be proven as it is an explicit
To support her petition, Maria presented three requirement of the law. Art. 36, FC is clear that the
witnesses– herself, Dr. Elsie Chan, and Ambrosia. Dr. psychological incapacity must be existing “at the time of the
Chan testified on the psychological report on Neil that celebration” of the marriage,” even if such incapacity
she prepared. Since Neil never acknowledged nor becomes manifest only after its solemnization. This
responded to her invitation for interviews, her report distinguishes psychological incapacity from divorce.
is solely based on her interviews with Maria and the
spouses' minor children. Dr. Chan concluded that Neil is With respect to incurability, it is not in the medical, but in
suffering from Narcissistic Personality Disorder, an the legal sense; hence, the third Molina guideline is
ailment that she found to be already present since Neil's amended accordingly, which means that the incapacity is so
early adulthood and one that is grave and incurable. enduring and persistent with respect to a specific partner
Maria testified on the specific instances when she found and contemplates a situation where the couple’s respective
Neil drunk, with another woman, or squandering the personality structures are so incompatible and antagonistic
family's resources in a casino. Ambrosia, the spouses' that the only result of the union would be the inevitable and
current household help, corroborated Maria's irreparable breakdown of the marriage.
testimony.
Q: The petitioner filed a petition for declaration of
On the basis of the evidence presented, will you grant nullity of marriage based allegedly on the psychological
the petition? (2013, 2012, 2006, 1996 BAR) incapacity of the respondent, but the psychologist was
not able to personally examine the respondent and the
A: NO. The petition should be denied. The psychological psychological report was based only on the narration of
incapacity under Art. 36, FC must be characterized (a) the petitioner. Should the annulment be granted?
gravity, (b) juridical antecedence, and (c) incurability. It is Explain. (2012 BAR)
not enough to prove that the parties failed to meet their
responsibilities and duties as married persons; it is A: NO. The annulment cannot be guaranteed solely on the
essential that they must be shown to be incapable of doing basis of the psychological report. For the report to prove the
so, due to some psychological (not physical) illness. psychological incapacity of the respondent, it is required
(Republic v. Court of Appeals and Molina, G.R. No. 108763, 13 that the psychologist should personally examine the
Feb. 1997) In this case, the pieces of evidence presented are respondent and the psychological report should be based
not sufficient to conclude that indeed Neil is suffering from on the psychologist’s independent assessment of the facts
a psychological incapacity (Narcissistic Personality as to whether or not the respondent is psychologically
Disorder) existing already before the marriage, incurable incapacitated.
and serious enough to prevent Neil from performing his
essential marital obligations. Dr. Chan’s report contains Since, the psychologist did not personally examine the
mere conclusions. Being a drunkard, a womanizer, a respondent, and his report is based solely on the story of the
gambler and a mama’s boy merely shows Neil’s failure to petitioner who has an interest in the outcome of the
perform his marital obligations. In a number of cases, the petition, the marriage cannot be annulled on the ground of
Supreme Court did not find the existence of psychological respondent’s psychological incapacity if the said report is
incapacity in cases where the respondents showed habitual the only evidence of respondent’s psychological incapacity.
drunkenness (Republic v. Melgar, G.R. No. 139676, 31 Mar.
Q: True or False
The Court pronounced that psychological incapacity is not a
medical, but a legal concept. It refers to a personal condition
If a man commits several acts of sexual infidelity,
that prevents a spouse to comply with the fundamental
particularly in 2002, 2003, 2004, 2005, the prescriptive
marital obligations only in relation to a specific partner that
period to file for legal separation runs from 2002.
may exist at the time of the marriage but may have revealed
(2007 BAR)
through behaviour subsequent to the ceremonies. It need
not be a mental or personality disorder. It need not be a
A: FALSE. The five-year prescriptive period for filing legal
permanent and incurable condition. Therefore, the
separation runs from the occurrence of sexual infidelity
testimony of a psychologist or psychiatrist is not mandatory
committed in 2002 runs from 2002, for the sexual infidelity
in all cases. The totality of evidence must show clear and
committed in 2003, the prescriptive period runs from 2003
convincing evidence to cause the declaration of nullity of
and so on. The action for legal separation for the last act of
marriage.
sexual infidelity in 2005 will prescribe in 2010.
(c) If you were the judge, how will you decide Surviving Kevin, aside from Karla, are his only
the case? relatives: his brother Luis and first cousin Lilia.
A: As judge, I will deny the petition. Petition for legal What property regime governed the marriage of Kevin
separation may be filed only by the aggrieved spouse. Since and Karla? Explain. (1995 BAR)
Saul was unfaithful and was in fact caught in flagrante by his
wife, he is not an “aggrieved” spouse entitled to the relief. A: Since the marriage settlement was entered into without
He who comes to court must come with clean hands. And the consent and without the participation of the parents
even assuming that the attempt on his life by the wife is a (they did not sign the document), the marriage settlement
ground for legal separation, he is still not entitled to the is invalid applying Art. 78, FC which provides that a minor
relief because of his infidelity. The law does not allow legal who according to law may contract marriage may also enter
separation if both parties have given ground for legal into marriage settlements, but they shall be valid only of the
separation. person who may give consent to the marriage are made
parties to the agreement. (Karla was still a minor at the time
the marriage settlement was executed in Sept. 1988
E. PROPERTY RELATIONS because the law, R.A. No. 6809, reducing the age of majority
BETWEEN HUSBAND AND WIFE to 18 years took effect on 18 Dec. 1989). The marriage
(2020-21, 2018, 2017, 2016, 2015, 2012, 2010, 2009, settlement being void, the property regime governing the
2008, 2006, 2005, 2004, 2002, 2000, 1998, 1997, 1995 marriage is, therefore, absolute community of property,
1992, 1991 BAR) under Art. 75, FC.
2. DONATIONS BY REASON OF MARRIAGE marriage was celebrated during the effectivity of the FC and
absent a marriage settlement, the property regime between
Q: Which of the following is not a requisite for a valid the spouses is the Absolute Community of Property (ACP).
donation propter nuptias? (2012 BAR) (Art. 75, FC)
A) The donation must be made before the Under the ACP regime, the parcel of land belongs to the
celebration of the marriage. community property as the property he had brought into
B) The donation shall be automatically revoked in the marriage even if said property were registered in the
case of non-celebration of the marriage. name of Danny. (Art. 91, FC) In addition, said property do
C) The donation must be made in consideration of not fall under any of the exceptions under Art. 92.
the marriage. Therefore, the sale of the property is void, because it was
D) The donation must be made in favor of one or executed without the authority of the court or the written
both of the future spouses. consent of the other spouse. (Art. 96 & 100, FC)
A: (B) The donation shall be automatically revoked in case Q: Marco and Gina were married in 1989. Ten years
of non-celebration of the marriage. (UPLC Suggested later, or in 1999, Gina left Marco and lived with another
Answers) man, leaving their two children of school age with
Marco. When Marco needed money for their children's
Q: In gratitude, the groom’s parents made a donation of education, he sold a parcel of land registered in his
a property in writing to the bride’s parents shortly name, without Gina's consent, which he purchased
before their children’s wedding. The donation was before his marriage. Is the sale by Marco valid, void or
accepted. What is the nature of the donation? (2011 voidable? Explain with legal basis. (2015 BAR)
BAR)
A: The sale made by Marco is considered void. The parties
A) It is an ordinary donation since it was not given were married in 1989 and no mention was made whether
to the bride or groom. they executed a marriage settlement. In the absence of a
B) It is donation propter nuptias since it was given marriage settlement, the parties shall be governed by
with the marriage in mind. absolute community of property whereby all the properties
C) It is an indirect donation propter nuptias since owned by the spouses at the time of the celebration of the
the bride would eventually inherit the property marriage as well as whatever they may acquire during the
from her parents. marriage shall form part of the absolute community. In ACP,
D) It is a remunatory donation. neither spouse can sell or encumber property belonging to
the ACP without the consent of the other. Any sale or
A: (A) It is an ordinary donation since it was not given to the encumbrance made by one spouse without the consent of
bride or groom. (UPLC Suggested Answers) the other shall be void although it is considered as a
continuing offer on the part of the consenting spouse upon
Q: May succession be conferred by contracts or acts authority of the court or written consent of the other
inter vivos? (1991 BAR) spouse. (Art. 96, FC)
A: Under Art. 84, FC amending Art. 130, NCC, contractual Q: Adam, a building contractor, was engaged by Blas to
succession is no longer possible since the law now requires construct a house on a lot which he (Blas) owns. While
that donations of future property be governed by the digging on the lot in order to lay down the foundation of
provisions on the testamentary succession and formalities the house, Adam hit a very hard object. It turned out to
of wills. be the vault of the old Banco de las Islas Filipinas. Using
a detonation device, Adam was able to open the vault
3. ABSOLUTE COMMUNITY OF PROPERTY (ACP) containing old notes and coins which were in
circulation during the Spanish era. While the notes and
Q: Danny and Elsa were married in 2002. In 2012, Elsa coins are no longer legal tender, they were valued at
left the conjugal home and her two minor children with P100 million because of their historical value and the
Danny to live with her paramour. In 2015, Danny sold coins silver nickel content. The following filed legal
without Elsa’s consent a parcel of land registered in his claims over the notes and coins:
name that he had purchased prior to the marriage.
Danny used the proceeds of the sale to pay for his i. Adam, as finder;
children’s tuition fees. ii. Blas, as owner of the property where they were
found;
Is the sale valid, void or voidable? Explain your answer. iii. Bank of the Philippine Islands, as successor-in-
(2017, 2012 BAR) interest of the owner of the vault; and
iv. The Philippine Government because of their
A: The sale of the parcel of land is void. There is no historical value.
indication in the facts that Danny and Elsa executed a
marriage settlement prior to their marriage. As the
Assuming that either or both Adam and Blas are consequently, be protected. Alberto cannot recover the land
adjudged as owners, will the notes and coins be deemed from Rafael but would have the right of recourse against his
part of their absolute community or conjugal wife.
partnership of gains with their respective spouses?
(2008 BAR) ALTERNATIVE ANSWER:
A: Yes. The hidden treasure will be part of the absolute The parcel of land is absolute community property having
community or conjugal property of the respective been acquired during the marriage and through Paulita’s
marriages. (Arts. 91, 93 & 106, FC) industry despite the registration being only in the name of
Paulita. The land being community property, its sale to
Q: Paulita left the conjugal home because of the Rafael without the consent of Alberto is void. However,
excessive drinking of her husband, Alberto. Paulita, out since the land is registered in the name of Paulita as widow,
of her own endeavor, was able to buy a parcel of land there is nothing in the title which would raise a suspicion
which she was able to register under her name with the for Rafael to make inquiry. He, therefore, is an innocent
addendum “widow.” She also acquired stocks in a listed purchaser for value from whom the land may no longer be
corporation registered in her name. Paulita sold the recovered.
parcel of land to Rafael, who first examined the original
of the transfer certificate of title. (1994 BAR) ALTERNATIVE ANSWER:
(a) Has Alberto the right to share in the shares of The parcel of land is absolute community property having
stock acquired by Paulita? been acquired during the marriage and through Paulita’s
industry despite registration only in the name of Paulita.
A: YES. The FC provides that all property acquired during The land being community property, its sale to Rafael
the marriage, whether the acquisition appears to have been without the consent of Alberto is void.
made, contracted or registered in the community property
unless the contrary is proved. 4. CONJUGAL PARTNERSHIP OF GAINS (CPG)
(b) Can Alberto recover the land from Rafael? A: It depends. If the value of the building is more than the
value of the land, the building is conjugal and the land
A: Under a community of property, whether absolute or becomes conjugal property under Art. 120, FC. This is a case
relative, the disposition of property belonging to such of reverse accession, where the building is considered as the
community is void if done by just one spouse without the principal and the land, the accessory. If, on the other hand,
consent of the other or authority of the proper court. the value of the land is more than the value of the building,
However, the land was registered in the name of Paulita as then the ordinary rule of accession applies where the land
“widow.” Hence, the buyer has the right to rely upon what is the principal and the building, the accessory. In such case,
appears in the record of the Register of Deeds and should, the land remains paraphernal property and the building
NOTE: The rule on reverse accession is applicable only to (a) Discuss the status of the first and the amended
the regime of conjugal partnership of gains (CPG) in both marriage settlements.
the FC and the NCC. The foregoing answer assumes that CPG
is the regime of the property relations of the spouses. A: The marriage settlement between Gabby and Mila
adopting the regime of conjugal partnership of gains still
Q: Adam, a building contractor, was engaged by Blas to subsists. It is not dissolved by the mere agreement of the
construct a house on a lot which he (Blas) owns. While spouses during the marriage. It is clear from Art. 134 of the
digging on the lot in order to lay down the foundation of Family Code that in the absence of an express declaration in
the house, Adam hit a very hard object. It turned out to the marriage settlement, the separation of property
be the vault of the old Banco de las Islas Filipinas. Using between the spouses during the marriage shall not take
a detonation device, Adam was able to open the vault place except by judicial order.
containing old notes and coins which were in
circulation during the Spanish era. While the notes and ALTERNATIVE ANSWER:
coins are no longer legal tender, they were valued at
P100 million because of their historical value and the 1) The first marriage settlement was valid because it was in
coins silver nickel content. The following filed legal writing, signed by the parties and executed before the
claims over the notes and coins: celebration of the marriage.
A: Yes. The hidden treasure will be part of the absolute A: The regime of conjugal partnership of gains governs the
community or conjugal property of the respective properties acquired by the spouses. All the properties
marriages. (Arts. 91, 93 & 106, FC) acquired by the spouses after the marriage belong to the
conjugal partnership. Under Art. 116 of the FC, even if
Q: Gabby and Mila got married at Lourdes Church in Gabby registered the mansion and 5-hectare agricultural
Quezon City on July 10, 1990. Prior thereto, they land exclusively in his name, still they are presumed to be
executed a marriage settlement whereby they agreed conjugal properties, unless the contrary is proved.
on the regime of conjugal partnership of gains. The
marriage settlement was registered in the Register of ALTERNATIVE ANSWER:
Deeds of Manila, where Mila is a resident. In 1992, they
jointly acquired a residential house and lot, as well as a Since the marriage settlement was binding between the
condominium unit in Makati. In 1995, they decided to parties, conjugal partnership of gains was the regime of
change their property relations to the regime of their property relations. Under the regime of conjugal
complete separation of property. Mila consented, as she partnership of gains, all properties acquired by the spouses
was then engaged in a lucrative business. The spouses during the marriage, jointly or by either one of them,
then signed a private document dissolving their through their work or industry are conjugal. Therefore, the
conjugal partnership and agreeing on a complete residential house and lot, and the condominium unit are
separation of property. conjugal having been jointly acquired by the couple during
the marriage. Inasmuch as the subsequent agreement on
Thereafter, Gabby acquired a mansion in Baguio City, dissolution of the conjugal partnership and separation of
and a 5-hectare agricultural land in Oriental Mindoro, property was invalid, conjugal partnership subsisted
which he registered exclusively in his name. In the year between the parties. Therefore, the mansion and the
2000, Mila's business venture failed, and her creditors agricultural land are also conjugal having been acquired by
sued her for P10,000,000.00. After obtaining a one of the spouses during the marriage.
favorable judgment, the creditors sought to execute on
the spouses' house and lot and condominium unit, as
well as Gabby's mansion and agricultural land. (2005
(c) What properties may be held answerable for relative values of both assets remained at the same
Mila's obligations? Explain. proportion: (1998 BAR)
A: Since all the properties are conjugal, they can be held (a) State whether Sofia can rightfully claim that the
answerable for Mila's obligation if the obligation redounded house and lot are not conjugal but exclusive
to the benefit of the family. (Art. 121(3), FC) However, the property of her deceased son.
burden of proof lies with the creditor claiming against the
properties. (Ayala Investment v. CA, G.R. No. 118305, 12 Feb. A: Since Bob and Sofia got married in 1970, then the law that
1998, reiterated in Homeowners Savings & Loan Bank v. governs is the New Civil Code (Persons), in which case, the
Dailo, G.R. No. 153802, 11 Mar. 2005) (UPLC Suggested property relations that should be applied as regards the
Answers) property of the spouses is the system of relative community
or conjugal partnership of gains. (Art. 119, NCC) By conjugal
ALTERNATIVE ANSWER: partnership of gains, the husband and the wife place in a
common fund the fruits of their separate property and the
Except for the residential house which is the family home, income from their work or Industry. (Art. 142, NCC) In this
all other properties of Gabby and Mila may be held instance, the lot inherited by Bob in 1975 is his own
answerable for Mila's obligation. Since the said properties separate property, he having acquired the same by lucrative
are conjugal in nature, they can be held liable for debts and title. (Art. 148(2), NCC) However, the house constructed
obligations contracted during the marriage to the extent from his own savings in 1981 during the subsistence of his
that the family was benefited or where the debts were marriage with Issa is conjugal property and not exclusive
contracted by both spouses, or by one of them, with the property in accordance with the principle of "reverse
consent of the other. accession" provided for in Art. 158, NCC. (UPLC Suggested
Answers)
A family home is a dwelling place of a person and his family.
It confers upon a family the right to enjoy such property, (b) Will your answer be the same if Bob died before
which must remain with the person constituting it as a August 3, 1988?
family home and his heirs. It cannot be seized by creditors
except in special cases. (Taneo, Jr. v. CA, G.R. No. 108532, 09 A: Sofia, being her deceased son's legal heir concurring with
Mar. 1999) (UPLC Suggested Answers) his surviving spouse (Arts. 985, 986 and 997, NCC), may
rightfully claim that the house and lot are not conjugal but
ALTERNATIVE ANSWER: belong to the hereditary estate of Bob. The value of the land
being more than the cost of the improvement. (Art. 120, FC)
The marriage settlement cannot prejudice third parties, (UPLC Suggested Answers)
such as the creditors, because it was not registered with the
local civil registrar where the marriage was recorded. To ALTERNATIVE ANSWER:
bind third parties, the FC requires registration of the
marriage settlement not only with the proper registers of Sofia, being her deceased son's legal heir concurring with
deeds but also with the local civil registrar where the his surviving spouse (Arts. 985, 986 and 997, NCC), may
marriage was recorded. Hence, if the rules on conjugal rightfully claim that the house and lot are not conjugal but
partnership will prejudice the creditors, the rules on belong to the hereditary estate of Bob. The value of the land
absolute community will be applied instead. However, being more than the cost of the improvement. (Art. 120, FC)
insofar as debts contracted by one spouse without the (UPLC Suggested Answers)
consent of the other are concerned, the rule is the same for
both conjugal partnership and absolute community. The ALTERNATIVE ANSWER:
partnership or community is liable for debts contracted by
one spouse but only to the extent that it benefited the YES, the answer would still be the same. Since Bob and Issa
family. Therefore, if the debts contracted by Mila redounded contracted their marriage way back in 1970, then the
to the benefit of the family, all the conjugal partnership property relations that will govern is still the relative
properties are liable to pay them but only to the extent the community or conjugal partnership of gains. (Art. 119, NCC)
family was benefited. The separate properties of Mila may It will not matter if Bob died before or after 03 Aug. 1988
be held answerable for Mila’s debts and obligations that did (effectivity date of the FC) what matters is the date when
not redound to the benefit of the family. the marriage was contracted. As Bob and Issa contracted
their marriage way back in 1970. the property relation that
In 1970, Bob and Issa got married without executing a governs them is still the conjugal partnership of gains. (Art.
marriage settlement. In 1975, Bob inherited from his 158, NCC) (UPLC Suggested Answers)
father a residential lot upon which, in 1981, he
constructed a two-room bungalow with savings from ALTERNATIVE ANSWER:
his own earnings. At that time, the lot was worth
P800.000.00 while the house, when finished cost If Bob died before 03 Aug. 1988 which is the date the Family
P600,000.00. In 1989 Bob died, survived only by his Code took effect, the answer will not be the same. Art. 158,
wife, Issa and his mother, Sofia. Assuming that the NCC would then apply. The land would then be deemed
conjugal, along with the house, since conjugal funds were Suppose Tirso and Tessie were married on 02 Aug.
used in constructing it. The husband's estate would be 1988 without executing any antenuptial agreement.
entitled to a reimbursement of the value of the land from One year after their marriage, Tirso while supervising
conjugal partnership funds. (UPLC Suggested Answers) the clearing of Tessie’s inherited land on the latter’s
request, accidentally found the treasure not in the new
Q: In 1970, Bob and Issa got married without executing riverbed but on the property of Tessie. To whom shall
a marriage settlement. In 1975, Bob inherited from his the treasure belong? (1995 BAR)
father a residential lot upon which, in 1981, he
constructed a two-room bungalow with savings from A: Since Tirso and Tessie were married before the
his own earnings. At that time, the lot was worth P800, effectivity of the FC, their property relation is governed by
000.00 while the house, when finished cost conjugal partnership of gains. Under Art. 54, NCC, the share
P600,000.00. In 1989 Bob died, survived only by his of the hidden treasure which the law awards to the finder
wife, Issa and his mother, Sofia. Assuming that the or proprietor belongs to the conjugal partnership of gains.
relative values of both assets remained at the same The one-half share pertaining to Tessie as owner o the land,
proportion: (1998 BAR) and the one-half share pertaining to Tirso as finder of the
treasure, belong to the conjugal partnership of gains.
(a) State whether Sofia can rightfully claim that the
house and lot are not conjugal but exclusive 5. SEPARATION OF PROPERTY AND
property of her deceased son. ADMINISTRATION OF COMMON PROPERTY
BY ONE SPOUSE DURING THE MARRIAGE
A: Since Bob and Sofia got married in 1970, then the law that
governs is the NCC, in which case, the property relations 6. REGIME OF SEPARATION OF PROPERTY
that should be applied as regards the property of the
spouses is the system of relative community or conjugal Q: Gabby and Mila got married at Lourdes Church in
partnership of gains. (Art. 119, FC) By conjugal partnership Quezon City on July 10, 1990. Prior thereto, they
of gains, the husband and the wife place in a common fund executed a marriage settlement whereby they agreed
the fruits of their separate property and the income from on the regime of conjugal partnership of gains. The
their work or industry. (Art. 142, FC) In this instance, the lot marriage settlement was registered in the Register of
inherited by Bob in 1975 is his own separate property, he Deeds of Manila, where Mila is a resident. In 1992, they
having acquired the same by lucrative title. (Art. 148(2), FC) jointly acquired a residential house and lot, as well as a
However, the house constructed from his own savings in condominium unit in Makati. In 1995, they decided to
1981 during the subsistence of his marriage with Issa is change their property relations to the regime of
conjugal property and not exclusive property in accordance complete separation of property. Mila consented, as she
with the principle of "reverse accession" provided for in Art. was then engaged in a lucrative business. The spouses
158, FC. then signed a private document dissolving their
conjugal partnership and agreeing on a complete
(b) Will your answer be the same if Bob died before separation of property.
03 Aug. 1988?
Thereafter, Gabby acquired a mansion in Baguio City,
A: YES, the answer would still be the same. Since Bob and and a 5-hectare agricultural land in Oriental Mindoro,
Issa contracted their marriage way back in 1970, then the which he registered exclusively in his name. In the year
property relations that will govern is still the relative 2000, Mila's business venture failed, and her creditors
community or conjugal partnership of gains. (Art.119) It will sued her for P10,000,000.00. After obtaining a
not matter if Bob died before or after 03 Aug.1988 favorable judgment, the creditors sought to execute on
(effectivity date of the FC), what matters is the date when the spouses' house and lot and condominium unit, as
the marriage was contracted. As Bob and Issa contracted well as Gabby's mansion and agricultural land.
their marriage way back in 1970, the property relation that
governs them is still the conjugal partnership of gains. (Art. Discuss the status of the first and the amended
158, FC) marriage settlements. (2005 BAR)
Q: Tim came into possession of an old map showing A: The marriage settlement between Gabby and Mila
where a purported cache of gold bullion was hidden. adopting the regime of conjugal partnership of gains still
Without any authority from the government Tim subsists. It is not dissolved by the mere agreement of the
conducted a relentless search and finally found the spouses during the marriage. It is clear from Art. 134 of the
treasure buried in a new river bed formerly part of a Family Code that in the absence of an express declaration in
parcel of land owned by spouses Tirso and Tessie. The the marriage settlement, the separation of property
old river which used to cut through the land of Spouses between the spouses during the marriage shall not take
Ursula and Urbito changed its course through natural place except by judicial order.
causes.
7. PROPERTY REGIME OF UNIONS WITHOUT biological siblings, Joe, and the boy. (2015 BAR)
MARRIAGE
(2016, 2015, 2012, 2010, 2009, 1997, 1992, 1991 BAR) a) Can Article 147 on co-ownership apply to Bert
and Joe, whereby all properties they acquired
Q: Bernard and Dorothy lived together as common-law will be presumed to have been acquired by
spouses although they are both capacitated to marry. their joint industry and shall be owned by them
After one year of cohabitation, Dorothy went abroad to in equal shares?
work in Dubai as a hair stylist and regularly sent money
to Bernard. With the money, Bernard bought a lot. For A: NO, Art. 147 of the Family Code is not applicable to the
a good price, Bernard sold the lot. Dorothy came to case of Bert and Joe. Art. 147 applies only when a “man and
know about the acquisition and sale of the lot and filed a woman, who are capacitated to marry each other, live
a suit to nullify the sale because she did not give her exclusively with each other as husband and wife without the
consent to the sale. (2016 BAR) benefit of marriage or under a void marriage". In this case,
Bert and Joe are both men; they are also incapacitated from
(a) Will Dorothy's suit prosper? Decide with marrying each other since in this jurisdiction, marriage may
reasons. only take place between a man and a woman. (Arts. 1 and 2,
FC)
YES, Dorothy’s suit will prosper, unless the buyer is a buyer
in good faith and for value. The rule of co-ownership b) What are the successional rights of the boy Bert
governs the property relationship in a union without and Joe raised as their son?
marriage between a man and a woman who are capacitated
to marry each other. Art. 147, FC is specifically applicable. A: The boy has no successional rights. Since Bert died
Under this article, neither party can encumber or dispose by without a will, intestate succession shall apply. While the
acts inter vivos of his or her share in the property acquired boy is the son of Bert's living brother, and hence is Bert's
during cohabitation and owned in common, without the nephew, he cannot inherit from Bert as a legal heir since he
consent of the other, until after the termination of their is excluded by his father under the proximity rule. (Art. 962,
cohabitation, thus, Bernard may not validly dispose of the NCC) Moreover, he cannot invoke the rights of an adopted
lot without the consent of Dorothy as the lot was acquired child to inherit from Bert since the boy was not legally
through their work during their cohabitation. adopted.
(b) Suppose Dorothy was jobless and did not c) If Bert and Joe had decided in the early years of
contribute money to the acquisition of the lot their cohabitation to jointly adopt the boy,
and her efforts consisted mainly in the care and would they have been legally allowed to do so?
maintenance of the family and household, is her Explain with legal basis?
consent to the sale a prerequisite to its validity?
Explain. A: NO, Bert and Joe could not have jointly adopted the boy.
Under the Domestic Adoption Act, joint adoption is
A: Yes, if Dorothy was jobless and did not contribute money permitted, and in certain cases mandated, for spouses. In
to the acquisition of the lot, her consent is still a prerequisite this case, Bert and Joe are not spouses. (UPLC Suggested
to the validity of the sale. Under the same article, a party Answers)
who did not participate in the acquisition by the other party
of any property shall be deemed to have contributed jointly Q: Jambrich, an Austrian, fell in-love and lived together
in the acquisition thereof if the former’s efforts consisted in with Descallar and bought their houses and lots at Agro-
the care and maintenance of the family and the household. Macro Subdivision. In the Contracts to Sell, Jambrich
In this case, although the money used to buy the lot was and Descallar were referred to as the buyers. When the
solely from Bernard, Dorothy’s care and maintenance of the Deed of Absolute Sale was presented for registration
family and household are deemed contributions in the before the Register of Deeds, it was refused because
acquisition of the lot. Art. 147(2), FC is applicable, as the lot Jambrich was an alien and could not acquire alienable
is deemed owned in common by the common-law spouses lands of the public domain. After Jambrich and
in equal shares as the same was acquired during their Descallar separated, Jambrich purchased an engine and
cohabitation, without prejudice to the rights of a buyer in some accessories for his boat from Borromeo. To pay
good faith and for value. for his debt, he sold his rights and interests in the Agro-
Macro properties to Borromeo. Borromeo discovered
Q: Bert and Joe, both male and single, lived together as that titles to the three (3) lots have been transferred in
common law spouses and agreed to raise a son of Bert's the name of Descallar. Who is the rightful owner of the
living brother as their child without legally adopting properties? Explain. (2012 BAR)
him. Bert worked while Joe took care of their home and
the boy. In their 20 years of cohabitation they were able A: It depends. On the assumption that the FC is the
to acquire real estate assets registered in their names applicable law, the ownership of the properties depends on
as co-owners. Unfortunately, Bert died of cardiac whether or not Jambrich and Descallar are capacitated to
arrest, leaving no will. Bert was survived by his marry each other during their cohabitation, and whether or
not both have contributed funds for the acquisition of the by them in equal shares while properties acquired thru
properties. their work for industry shall be owned by them in
proportion to their respective contributions. Care and
If both of them were capacitated to marry each other, Art. maintenance of the family is recognized as a valuable
147, FC will apply to their property relations and the contribution. In the absence of proof as to the value of their
properties in question are owned by them in equal shares respective contributions, they shall share equally.
even though all the funds used in acquiring the properties
came only from the salaries or wages or the income of If ownership of the house and lot was acquired by B on 03
Jambrich from his business or profession. In such a case, Aug. 1988 at the time he bought it on installment before he
while Jambrich is disqualified to own any part of the got married, he shall remain owner of the house and lot but
properties, his subsequent transfer of all his interest therein he must reimburse G for all the amounts she advanced to
to Borromeo, a Filipino, was valid as it removed the pay the purchase price and for one-half share in the last
disqualification. In such case, the properties are owned by payment from their joint income. In such case, the house
Borromeo and Descallar in equal shares. and lot were not acquired during their cohabitation, hence,
are not co-owned by B and G.
If, on the other hand, Jambrich and Descallar were not
capacitated to marry each other, Art. 153, FC governs their But if the ownership of the house and lot was acquired
property relations. Under this regime, Jambrich and during the cohabitation, the house and lot will be owned as
Descallar are owners of the properties but only if both of follows:
them contributed in their acquisition. If all the funds used in i. 1/3 of the house and lot is owned by B. He is an
acquiring the properties in question came from Jambrich, undivided co-owner to that extent for his
the entire property is his even though he is disqualified contributions in its acquisition in the form of the
from owning it. His subsequent transfer to Borromeo, down payment he made before the celebration of the
however, is valid as it removed the disqualification. In such marriage. The money he used to pay the down
case, all of the properties are owned by Borromeo. If, on the payment was not earned during the cohabitation,
other hand, Descallar contributed to their acquisition, the hence, it is his exclusive property.
properties are co-owned by Descallar and Borromeo in ii. 1/3 of the house and lot is owned by G. She is an
proportion to the respective contributions of Descallar and undivided co-owner to the extent for her
Jambrich. contribution in its acquisition when she paid 1/3 of
the purchase price using the gift from her parents.
NOTE: The facts of the problem are not exactly the same as Although the gift was acquired by G during her
in the case of Borromeo v. Descallar (G.R. No. 159310, 24 Feb. cohabitation with B, it is her exclusive property. It did
2009) hence, the difference in the resulting answer) not consist of wage or salary or fruit of her work or
industry.
Q: G and B were married on 03 July 1989. On 04 Mar. iii. 1/3 of the house is co-owned by B and G because the
2001, the marriage, which bore no offspring, was payment came from their co-owned funds, i.e., their
declared void ab initio under Art. 36, FC. At the time of joint income during their cohabitation which is
the dissolution of the marriage, the couple possessed shared by them equally in the absence of any proof to
the following properties: the contrary.
1. A house and lot acquired by B on 03 Aug. 1988, After summing up their prospective shares, B and G are
one third (1/3) of the purchase price undivided co-owners of the house and lot in equal shares.
(representing down payment) of which he paid;
one third (1/3) was paid by G on 14 Feb. 1990 out As to the apartment, it is owned exclusive by B because he
of a cash gift given to her by her parents on her acquired it before their cohabitation. Even if he acquired it
graduation on 06 Apr. 1989; and the balance was during their cohabitation, it will still be his exclusive
paid out of the spouses’ joint income; and property because it did not come from his wage or salary,
or from his work or industry. It was acquired gratuitously
2. An apartment unit donated to B by an uncle on 19 from his uncle.
June 1987. (2010 BAR)
(b) If G and B had married on 03 July 1987 and their
(a) Who owns the foregoing properties? Explain. marriage was dissolved in 2007, who owns the
properties? Explain.
A: Since the marriage was declared void ab initio in 2001, no
absolute community or conjugal partnership was ever A: The answer is the same as in letter A. Since the parties to
established between B and G. Their property relation is the marriage which was later declared void ab initio were
governed by a “special co-ownership” under Art. 147, FC capacitated to marry each other, the applicable law under
because they were capacitated to marry each other. the NCC was Art. 144. This Article is substantially the same
as Art. 147, FC.
Under Art. 147, FC wages and salaries of the “former
spouses” earned during their cohabitation shall be owned
Hence, the determination of ownership will remain the Q: In Dec. 2000, Michael and Anna, after obtaining a
same as in question A. And even assuming that the two valid marriage license, went to the Office of the Mayor
provisions are not the same, Art. 147, FC is still the law that of Urbano, Bulacan, to get married. The Mayor was not
will govern the property relations of B and G because under there, but the Mayor’s secretary asked Michael and
Art. 256, the FC has retroactive effect insofar as it does not Anna and their witnesses to fill up and sign the required
prejudice or impair vested or acquired rights under the NCC marriage contract forms. The secretary then told them
or other laws. Applying Art. 147, FC retroactively to the case to wait and went out to look for the Mayor who was
of G and B will not impair any vested right. Until the attending a wedding in a neighboring municipality.
declaration of nullity of the marriage under the FC, B and G When the secretary caught up with the Mayor at the
have not yet acquired any vested right over the properties wedding reception, she showed him the marriage
acquired during their cohabitation. contract forms and told him that the couple and their
witnesses were waiting in his office. The Mayor
Q: In 1997, B and G started living together without the forthwith signed all the copies of the marriage contract,
benefit of marriage. The relationship produced one gave them to the secretary who returned to the Mayor’s
offspring, Venus. The couple acquired a residential lot office. She then gave copies of the marriage contract to
in Parañaque. After four (4) years or in 2001, G having the parties and told Michael and Anna that they were
completed her 4-year college degree as a full-time already married. Thereafter, the couple lived together
student, she and B contracted marriage without a as husband and wife, and had three sons.
license.
What governs the properties acquired by the couple?
The marriage of B and G was, two years later, declared Explain. (2009 BAR)
null and void due to the absence of a marriage license.
If you were the judge who declared the nullity of the A: The marriage being void, the property relationship that
marriage, to whom would you award the lot? Explain governed their union is special co-ownership under Art.
briefly. (2010 BAR) 147, FC. This is on the assumption that there was no
impediment for them to validly marry each other.
A: Since the marriage was null and void, no Absolute
Community or Conjugal Partnership was established Q: In 1989, Rico, then a widower, forty (40) years of age,
between B and G. Their properties are governed by the cohabited with Cora, a widow, thirty (30) years of age.
“special co-ownership” provision of Art. 147, FC because While living together, they acquired from their
both B and G were capacitated to marry each other. The said combined earnings a parcel of rice land. After Rico and
Article provides that when a man and a woman who are Cora separated, Rico lived together with Mabel, a
capacitated to marry each other, live exclusively with each maiden sixteen (16) years of age. While living together,
other as husband and wife without the benefit of marriage, Rico was a salaried employee and Mabel kept house for
or under a void marriage: (1) their wages and salaries shall Rico and did full-time household chores for him. During
be owned by them in equal shares; and (2) property their cohabitation, a parcel of coconut land was
acquired by both of them through their work or industry acquired by Rico from his savings. After living together
shall be governed by the rules on co-ownership. In co- for one (1) year, Rico and Mabel separated. Rico then
ownership, the parties are co-owners if they contributed met and married Letty, a single woman twenty-six (26)
something of value in the acquisition of the property. Their years of age. During the marriage of Rico and Letty,
share is in proportion to their respective contributions. In Letty bought a mango orchard out of her own personal
an ordinary co-ownership the care and maintenance of the earnings. (2000, 1997, 1992 BAR)
family is not recognized as a valuable contribution for the
acquisition of a property. In the Art. 147 “special co- (a) Who would own the rice land, and what
ownership”, however, care and maintenance is recognized property relations govern the ownership?
as a valuable contribution which will entitle the contributor Explain.
to half of the property acquired.
A: Rico and Cora are the co-owners of the rice land. The
Having been acquired during their cohabitation, the Relations is that of co-ownership. (Art. 147(1), FC) However,
residential lot is presumed acquired through their joint after Rico's marriage to Letty, the half interest of Rico in the
work and industry under Art. 147, hence B and G are co- riceland will then become absolute community property of
owners of the said property in equal shares. Rico and Letty.
Art. 147 also provides that when a party to the void (b) Who would own the coconut land, and what
marriage was in bad faith, he forfeits his share in the co- property Relations governs the ownership?
ownership in favor of the common children or descendants. Explain.
In default of children or descendants, the forfeited share
shall belong to the innocent party. In the foregoing problem, A: Rico is the exclusive owner of the coconut land. The
there is no showing that one party was in bad faith. Hence, Relations is a sole/single proprietorship. (Art. 148(1), FC, is
both shall be presumed in good faith and no forfeiture shall applicable, and not Art. 147, FC) However, after Rico's
take place. marriage to Letty, the coconut land of Rico will then become
absolute community property of Rico and Letty. period the amount of P200,000.00 presently deposited
in a bank. A house and lot worth P500,000.00 used by
(c) Who would own the mango orchard, and what the common-law spouses to purchase the property,
property relation governs the ownership? P200,000.00 had come from the sale of palay harvested
Explain. from the hacienda owned by Luis and P300,000.00 from
the rentals of a building belonging to Rizza. In fine, the
A: Rico and Letty are the co-owners. The relation is the sum of P500,000.00 had been part of the fruits received
Absolute Community of Property. (Arts. 75, 90 & 91, FC) during the period of cohabitation from their separate
property. A car worth P100,000.00, being used by the
Q: For five years since 1989, Tony, a bank vice- common-law spouses, was donated just months ago to
president, and Susan, an entertainer, lived together as Rizza by her parents.
husband and wife without the benefit of marriage
although they were capacitated to marry each other. Luis and Rizza now decide to terminate their
Since Tony's salary was more than enough for their cohabitation, and they ask you to give them your legal
needs, Susan stopped working and merely "kept advice on the following: (1997 BAR)
house." During that period, Tony was able to buy a lot
and house in a plush subdivision. However, after five (a) How, under the law, should the bank deposit of
years, Tony and Susan decided to separate. (2000 BAR) P200,000.00, the house and lot valued at
P500,000.00 and the car worth P100,000.00 be
(a) Who will be entitled to the house and lot? allocated to them?
A: Tony and Susan are entitled to the house and lot as co- A: Art. 147, FC provides in part that when a man and a
owners in equal shares. Under Art. 147, FC, when a man and woman who are capacitated to marry each other, live
a woman who are capacitated to marry each other lived exclusively with each other as husband and wife without the
exclusively with each other as husband and wife, the benefit of marriage or under a void marriage, their wages
property acquired during their cohabitation are presumed and salaries shall be owned by them through their work or
to have been obtained by their joint efforts, work or industry shall be governed by the rules of co-ownership.
industry and shall be owned by them in equal shares. This
is true even though the efforts of one of them consisted In the absence of proof to the contrary, properties acquired
merely in his or her care and maintenance of the family and while they lived together shall be presumed to have been
of the household. obtained by their joint efforts, work or industry, and shall
be owned by them in equal shares. A party who did not
(b) Would it make any difference if Tony could not participate in the acquisition by the other party of any
marry Susan because he was previously property shall be deemed to have contributed jointly in the
married to Alice from whom he is legally acquisition thereof if the former’s efforts consisted in the
separated? care and maintenance of the family and of the household.
A: YES, it would make a difference. Under Art. 148, FC, when Thus:
the parties to the cohabitation could not marry each other 1. The wages and salaries of Luis in the amount of
because of an impediment, only those properties acquired P200,000.00 shall be divided equally between Luis
by both of them through their actual joint contribution of and Rizza.
money, property, or industry shall be owned by them in 2. The house and lot valued at P500,000.00 having
common in proportion to their respective contributions. been acquired by both of them through work or
The efforts of one of the parties in maintaining the family industry shall be divided between them in
and household are not considered adequate contribution in proportion to their respective contribution in
the acquisition of the properties. Since Susan did not consonance with the rules on co-ownership. Hence,
contribute to the acquisition of the house and lot, she has no Luis gets 2/5 while Rizza gets 3/5 of P500,000.00.
share therein. If Tony cohabited with Susan after his legal 3. The car worth P100,000.00 shall be exclusively
separation from Alice, the house and lot is his exclusive owned by Rizza, the same having been donated to
property. If he cohabited with Susan before his legal her by her parents.
separation from Alice, the house and lot belong to his
community or partnership with Alice. (b)What would your answer be (to the above
question) had Luis and Rizza been living
Q: Luis and Rizza, both 26 years of age and single, live together all the time, i.e., since twenty years ago,
exclusively with each other as husband and wife under a valid marriage?
without the benefit of marriage. Luis is gainfully
employed. Rizza is not employed, stays at home, and A: The property relations between Luis and Rizza, their
takes charge of the household. marriage having been celebrated 20 years ago (during the
effectivity of the NCC) shall be governed by the conjugal
After living together for a little over twenty years, Luis partnership of gains, under which the husband and wife
was able to save from his salary earnings during that place in a common fund the proceeds, products, fruits and
income from their separate properties and those acquired A: Under Art. 148, FC, which applies to bigamous marriages,
by either or both spouses through their efforts of by chance, only the properties through their actual joint contribution
and upon dissolution of the marriage or of the partnership, of money, property or industry shall be owned by them in
the net gains or benefits obtained by either or both spouse common in proportion to their respective contributions.
shall be divided equally between them. (Art. 142, FC) Moreover, if one of the parties is validly married to another,
his share in the co-ownership shall accrue to the absolute
Thus: community, conjugal partnership existing in such valid
1. The salary of Luis deposited in the bank in the marriage.
amount of P200,000.00 and the house and lot
valued at P500,000.00 shall be divided equally Thus, in this case, since Erlinda failed to prove that she used
between Luis and Rizza. her own money to buy the Riceland and house and lot, she
2. However, the car worth P100,000.00 donated to cannot claim to be the co-owner of the Riceland nor the
Rizza by her parents shall be considered to her own exclusive owner of the house and lot. Such properties are
paraphernal property, having been acquired by Mauricio’s. And since his share accrues to the conjugal
lucrative title. (Art. 148(2), FC) partnership with Carol, Carol can validly claim such
properties to the exclusion of Erlinda. (Art. 144, NCC)
Q: In June 1985, James married Mary. In Sept. 1988, he
also married Ophelia with whom he begot two (2)
children, A and B. In July 1989, Mary died. In July 1990, F. FAMILY HOME
he married Shirley and abandoned Ophelia. During
their union, James and Ophelia acquired a residential
lot worth P300,000.00.
Q: On 30 Mar. 2000, Mariano died intestate and was
survived by his wife, Leonora, and children, Danilo and
Ophelia sues James for bigamy and prays that his
Carlito. One of the properties he left was a piece of land
marriage with Shirley be declared null and void. James,
in Alabang where he built his residential house.
on the other hand, claims that since his marriage to
Ophelia was contracted during the existence of his
After his burial, Leonora and Mariano’s children
marriage with Mary, the former is not binding upon
extrajudicially settled his estate. Thereafter, Leonora
him, the same being void ab initio; he further claims
and Danilo advised Carlito of their intention to
that his marriage to Shirley is valid and binding as he
partition the property. Carlito opposed invoking Art.
was already legally capacitated at the time he married
159 of the FC. Carlito alleged that since his minor child
her. What property regime governed the union of James
Lucas still resides in the premises, the family home
and Ophelia? (1991 BAR)
continues until that minor beneficiary becomes of age.
marriage settlement that the regime of conjugal doing so under Art. 170, FC, G's daughter by another man
partnership of gains shall govern their property shall be conclusively presumed as the legitimate daughter
relations during marriage. Shortly after the marriage, of B by G.
their daughter, Shalimar, was born.
Q: Four children, namely: Alberto, Baldomero, Caridad,
Before they met and got married, Sancho purchased a and Dioscoro, were born to the spouses Conrado and
parcel of land on installment, under a Contract of Sale, Clarita de la Costa. The children’s birth certificates
with the full purchase price payable in equal annual were duly signed by Conrado, showing them to be the
amortizations over a period of ten (10) years, with no couple’s legitimate children.
down payment, and secured by a mortgage on the land.
The full purchase price was PhP 1million, with interest Later, one Edilberto de la Cruz executed a notarial
at the rate of 6% per annum. After paying the fourth document acknowledging Alberto and Baldomero as
annual installment, Sancho and Sandy got married, and his illegitimate children with Clarita. Edilberto died
Sancho completed the payments in the subsequent leaving substantial properties. In the settlement of his
years from his salary as an accountant. The previous estate, Alberto and Baldomero intervened claiming
payments were also paid out of his salary. During their shares as the deceased’s illegitimate children. The
marriage, Sandy also won PhP1million in the lottery legitimate family of Edilberto opposed the claim.
and used it to purchase jewelry. When things didn’t
work out for the couple, they filed an action for Are Alberto and Baldomero entitled to share in the
declaration of nullity of their marriage based on the estate of Edilberto? Explain. (2009 BAR)
psychological incapacity of both of them. When the
petition was granted, the parcel of land and the jewelry A: NO, Alberto and Baldomero are not entitled to share in
bought by Sandy were found to be the only properties Edilberto’s estate. They are not related at all to Edilberto.
of the couple. They were born during the marriage of Conrado and Clarita,
hence, are considered legitimate children of the said
What is the filiation status of Shalimar? (2018 BAR) spouses. This status is conferred on them at birth by law.
A: Shalimar is a legitimate child. Children conceived or born Under Philippine law, a person cannot have more than one
before the judgment of absolute nullity of the marriage natural filiation. The legitimate filiation of a person can be
because of psychological incapacity under Art. 36 has changed only if the legitimate father will successfully
become final and executory shall be considered legitimate. impugn such status.
(Art. 54, FC) Since Shalimar was born before the judgment
granting the petition for declaration of absolute nullity of In the problem, therefore, the filiation of Alberto and
marriage of Sancho and Sandy under Art. 36 became final Baldomero as the legitimate children of Conrado cannot be
and executory. Shalimar is a legitimate child. changed by their recognition by Edilberto as his illegitimate
children. Before they can be conferred the status of
Q: Spouses B and G begot two offsprings. Albeit they had Edilberto’s illegitimate children, Conrado must first impugn
serious personality differences, the spouses continued their legitimacy. Since Conrado has not initiated any action
to live under one roof. B begot a son by another woman. to impugn their legitimacy, they continue to be the
G also begot a daughter by another man. (2010 BAR) legitimate children of Conrado. They cannot be the
illegitimate children of Edilberto at the same time. Not being
(a) If G gives the surname of B to her daughter by the illegitimate children of Edilberto, they have no right to
another man, what can B do to protect their inherit from him.
legitimate children's interests? Explain.
Q: Roderick and Faye were high school sweethearts.
A: B can impugn the status of G's daughter by another man When Roderick was 18 and Faye, 16 years old, they
as his legitimate daughter on the ground that for biological started to live together as husband and wife without the
reason he could not have been the father of the child, a fact benefit of marriage. When Faye reached 18 years of age,
that may be proven by the DNA test. Having been born her parents forcibly took her back and arranged for her
during the marriage between B and G, G's daughter by marriage to Brad. Although Faye lived with Brad after
another man is presumed as the child of B under Art. 164, the marriage, Roderick continued to regularly visit
FC. In the same action to impugn, B can pray for the Faye while Brad was away at work. During their
correction of the status of the said daughter in her record of marriage, Faye gave birth to a baby girl, Laica. When
birth. Faye was 25 years old, Brad discovered her continued
liaison with Roderick and in one of their heated
(b) If B acquiesces to the use of his surname by G’s arguments, Faye shot Brad to death. She lost no time in
daughter by another man, what is/are the marrying her true love Roderick, without a marriage
consequence/s? Explain. license, claiming that they have been continuously
cohabiting for more than 5 years. (2008 BAR)
A: If B acquiesces and does not file the action to impugn the
legitimacy of the child within the prescriptive period for
(a) What is the filiation status of Laica? A: The child is legitimate of the second marriage under Art.
168(2), FC which provides that a “child born after one
A: Having been born during the marriage of Faye and Brad, hundred eighty days following the celebration of the
she is presumed to be the legitimate child of Faye and Brad. subsequent marriage is considered to have been conceived
This presumption had become conclusive because the during such marriage, even though it be born within three
period of time to impugn her filiation had already hundred days after the termination of the former marriage.”
prescribed.
Q: B and G (college students, both single and not
(b) Can Laica bring an action to impugn her own disqualified to marry each other) had a romantic affair.
status on the ground that based on DNA G was seven months in the family way as of the
results, Roderick is her biological father? graduation of B. Right after graduation B went home to
Cebu City. Unknown to G, B had a commitment to C (his
A: NO, she cannot impugn her own filiation. The law does childhood sweetheart) to marry her after getting his
not allow a child to impugn his or her own filiation. In the college degree. Two weeks after B’s marriage in Cebu
problem, Laica’s legitimate filiation was accorded to her by City, G gave birth to a son E in Metro Manila.
operation of law which may be impugned only by Brad, or
his heirs in the cases provided by law within the After 10 years of married life in Cebu, B became a
prescriptive period. widower by the sudden death of C in a plane crash. Out
of the union of B and C, two children, X and Y, were born.
Q: Ed and Beth have been married for 20 years without Unknown to C, while on weekend trips to Manila during
children. Desirous to have a baby, they consulted Dr. the last 5 years of their marriage, B invariably visited G
Jun Canlas, a, prominent medical specialist on human and lived at her residence and as a result of which, they
fertility. He advised Beth to undergo artificial renewed their relationship. A baby girl F was born to B
insemination. It was found that Ed’s sperm count was and G two years before the death of C. Bringing his
inadequate to induce pregnancy. Hence, the couple family later to Manila, B finally married G. Recently, G
looked for a willing donor. Andy the brother of Ed, died.
readily consented to donate his sperm. After a series of
test, Andy's sperm was medically introduced into What are the rights of B’s four children: X and Y of his
Beth's ovary. She became pregnant and 9 months later, first marriage; and E and F, his children with G? Explain
gave birth to a baby boy, named Alvin. (2006 BAR) your answer.
(a) Who is the Father of Alvin? Explain. A: Under the facts stated, X and Y are legitimate children of
B and G. E is the legitimate children of B and G. E is the
A: Ed is the father of Alvin because Alvin was conceived and legitimated child of B and G. F is the illegitimate child of B
born during the marriage of his mother to Ed. Under the and C as legitimate children of B and C, X and Y have the
law, the child born during the marriage of the mother to her following rights:
husband is presumed to be the legitimate child of the
husband. (Concepcion v. Almonte, G.R. NO. 123450, 31 Aug. 1) To bear the surnames of the father and the mother, in
2005) While it is true that there was no written consent by conformity with the provisions of the NCC on
the husband to the artificial insemination, absence of such surnames;
consent may only give the husband a ground to impugn the 2) To receive support from their parents, their
legitimacy of the child but will not prevent the child from ascendants, and in proper cases, their brothers and
acquiring the status of legitimate child of the husband at the sisters, in conformity with the provisions of the FC on
time of its birth. Support; and
3) To be entitled to the legitime and other successional
(b) What are the requirements, if any, in order rights granted to them by the NCC. (Art. 174, FC) E is
for Ed to establish his paternity over Alvin? the legitimated child of B and G. Under Art. 177, FC,
only children conceived and born outside of wedlock
A: To establish Ed’s paternity over Alvin, only two of parents who, at the time of the conception of the
requirements must concur: (1) the fact that Ed and the former, were not disqualified by any impediment to
mother of Alvin are validly married, and (2) the fact that marry each other may be legitimated. E will have the
Alvin was conceived or born during the subsistence of such same rights as X and Y. F is the illegitimate child of B
marriage. and G. F has the right to use the surname of G, her
mother, and is entitled to support as well as the
Q: Two (2) months after the death of her husband who legitime consisting of 1/2 of that of each of X, Y, and E.
was shot by unknown criminal elements on his way (Art. 176, FC)
home from office, Rose married her childhood
boyfriend, and seven (7) months after said marriage,
she delivered a baby. In the absence of any evidence
from Rose as to who is her child's father, what status
does the law give to said child? Explain. (1999 BAR)
Q: Julie had a relationship with a married man who had Q: In 1997, B and G started living together without the
legitimate children. A son was born out of that illicit benefit of marriage. The relationship produced one
relationship in 1981. Although the putative father did offspring, Venus. The couple acquired a residential lot
not recognize the child in his certificate of birth, he in Parañaque. After four (4) years or in 2001, G having
nevertheless provided the with child all the support he completed her 4-year college degree as a fulltime
needed and spent time regularly with the child and his student, she and B contracted marriage without a
mother. When the man died in 2000, the child was license. The marriage of B and G was, two years later,
already 18 years old so he filed a petition to be declared null and void due to the absence of a marriage
recognized as an illegitimate child of the putative father license.
and sought to be given a share in his putative father's
estate. The legitimate family opposed, saying that Is Venus legitimate, illegitimate, or legitimated?
under the Family Code his action cannot prosper Explain briefly. (2010 BAR)
because he did not bring the action for recognition
during the lifetime of his putative father. (2015 BAR) A: Venus is illegitimate. She was conceived and born outside
a valid marriage. Thus, she is considered illegitimate. (Art
(a) If you were the judge in this case, would how 165, FC) While Venus was legitimated by the subsequent
you rule? marriage of her parents, such legitimation was rendered
ineffective when the said marriage was later on declared
A: If I were the judge, I will not allow the action for null and void due to absence of a marriage license.
recognition filed after the death of the putative
father. Under the Family Code, an illegitimate child who Under Art. 178, FC, “legitimation shall take place by a
has not been recognized by the father in the record of birth, subsequent valid marriage between parents. The
or in a private handwritten instrument, or in a public annulment of a voidable marriage shall not affect the
document and may prove his filiation based on open and legitimation.” The inclusion of the underscored portion in
continuous possession of the status of an illegitimate child the Article necessarily implies that the Article's application
but pursuant to Article 175, he or she must file the action is limited to voidable marriages. It follows that when the
for recognition during the lifetime of the putative father. subsequent marriage is null or void, the legitimation must
The provision of Article 285 of the Civil Code allowing the also be null and void. In the present problem, the marriage
child to file the action for recognition even after the death of between B and G was not voidable but void. Hence, Venus
the father will not apply because in the case presented, the has remained an illegitimate child.
child was no longer a minor at the time of death of the
putative father. Q: Gigolo entered into an agreement with Majorette for
her to carry in her womb his baby via in vitro
(b) Wishing to keep the peace, the child during the fertilization. Gigolo undertook to underwrite
pendency of the case decides to compromise Majorette’s pre-natal expenses as well as those
with his putative father's family by abandoning attendant to her delivery. Gigolo would thereafter pay
his petition in exchange for Yi of what he would Majorette P2 million and, in return, she would give
have received as inheritance if he were custody of the baby to him.
recognized as an illegitimate child. As the judge,
would you approve such a compromise? After Majorette gives birth and delivers the baby to
Gigolo following her receipt of P2 million, she engages
A: NO, I will not approve the compromise agreement your services as her lawyer to regain custody of the
because filiation is a matter to be decided by law. It is not baby. Is the child entitled to support and inheritance
for the parties to stipulate whether a person is a legitimate from Gigolo? Explain. (2010 BAR)
or illegitimate child of another. (De Jesus v. Estate of Dizon,
G.R. No. 142877, 02 Oct. 2001) In all cases of illegitimate A: If Gigolo voluntarily recognized the child as his
children, their filiation must be duly proved. (Art. 887, NCC) illegitimate child in accordance with Art. 175 in relation to
Art. 172 of the FC, the child is entitled to support and
ALTERNATIVE ANSWER: inheritance from Gigolo.
YES, I would approve the compromise because it is no Q: Rodolfo, married to Sharon, had an illicit affair with
longer considered future inheritance. What the law his secretary, Nanette, a 19-year-old girl, and begot a
prohibits is a compromise with respect to future baby girl, Rona. Nanette sued Rodolfo for damages:
legitime. In this case, the father is already dead so the actual, for hospital and other medical expenses in
compromise is considered valid. (Bar Q&A by Paguirigan, delivering the child by caesarean section; moral,
2015) claiming that Rodolfo promised to marry her,
representing that he was single when, in fact, he was
not; and exemplary, to teach a lesson to like-minded
Lotharios. (2009 BAR)
(a) Suppose Rodolfo later on acknowledges Rona the same year. He then married another Filipina,
and gives her regular support, can he compel Auring, in Canada on 01 Jan. 1988. They had two sons,
her to use his surname? Why or why not? James and John. In 1990, after failing to hear from
Sonny, Lulu married Tirso, by whom she had a
A: NO. He has no right to compel Rona to use his surname. daughter, Verna. In 1991, Sonny visited the Philippines
The law does not give him the right simply because he gave where he succumbed to heart attack. Explain the
her support. (R.A. No. 9255) respective filiation of James, John and Verna. (2005
BAR)
Under the FC, an illegitimate child was required to use only
the surname of the mother. Under R.A. No. 9255 (An Act A: James and John are the illegitimate children of Sonny and
Allowing Illegitimate Children To Use The Surname Of Their Auring because they were conceived and born outside a
Father, Amending For The Purpose Art. 176 Of Executive valid marriage. Verna is an illegitimate child of Lulu and
Order No. 209, Otherwise Known As The “Family Code Of The Tirso having been conceived and born to the invalid
Philippines”), otherwise known as the Revilla law, however, marriage of Lulu and Tirso. Verna cannot be presumed as
the illegitimate child is given the option to use the surname the legitimate child of Sonny because of the supervening
of the illegitimate father when the latter has recognized the marriage that was celebrated between Lulu and Tirso even
former in accordance with law. Since the choice belongs to though such marriage is void ab initio. The case of Liyao v.
the illegitimate child, Rodolfo cannot compel Rona, if Liyao (G.R. No. 138961, 07 Mar. 2002) is not applicable
already of age, to use the surname against her will. If Rona because in that case the wife begot a child by another man
is still a minor, to use the surname of Rodolfo will require during her marriage to her estranged husband, but no
the consent of Rona's mother who has sole parental marriage was celebrated between the wife the father of the
authority over her. child. The child in that case was presumed to be the
legitimate child of the estranged husband.
(b)When Rona reaches seven (7) years old, she
tells Rodolfo that she prefers to live with him, Q: Steve was married to Linda, with whom he had a
because he is better off financially than Nanette. daughter, Tintin. Steve fathered a son with Dina, his
If Rodolfo files and action for the custody of secretary of 20 years, whom Dina named Joey, born on
Rona, alleging that he is Rona’s choice as 20 Sept. 1981. Joey’s birth certificate did not indicate
custodial parent, will the court grant Rodolfo’s the father's name. Steve died on 13 Aug. 1993, while
petition? Why or why not? Linda died on 03 Dec. 1993, leaving their legitimate
daughter, Tintin, as sole heir. On 16 May 1994, Dina
A: NO, because Rodolfo has no parental authority over filed a case on behalf of Joey, praying that the latter be
Rona. He who has the parental authority has the right to declared an acknowledged illegitimate son of Steve and
custody. Under the Family Code, the mother alone has that Joey be given his share in Steve's estate, which is
parental authority over the illegitimate child. This is true now being solely held by Tintin. Tintin put up the
even if the illegitimate father has recognized the child and defense that an action for recognition shall only be filed
even though he is giving support for the child. To acquire during the lifetime of the presumed parents and that
custody over Rona, Rodolfo should first deprive Nanette of the exceptions under Art. 285 of the NCC do not apply to
parental authority if there is a ground under the law, and in him since the said article has been repealed by the
a proper court proceeding. In the same action, the court may Family Code. In any case, according to Tintin, Joey's
award custody of Rona to Rodolfo if it is for her best birth certificate does not show that Steve is his father.
interest. (2005 BAR)
Q: May an illegitimate child, upon adoption by her (a) Does Joey have a cause of action against Tintin
natural father, use the surname of her natural mother for recognition and partition? Explain.
as the middle name? (2006 BAR)
A: YES, Joey has a cause of action against Tintin. While the
A: YES, an illegitimate child, upon adoption by her natural FC has repealed the provisions of the NCC on proof of
father, can use the surname of her natural mother as her filiation, said repeal did not impair vested rights. Joey was
middle name. The Court has ruled that there is no law born an illegitimate child in 1981. As an illegitimate child,
prohibiting an illegitimate child adopted by her natural he had acquired, at birth, the right to prove his filiation in
father to use, as middle name, her mother's surname. What accordance with the provisions of the NCC in force at that
is not prohibited is allowed. After all, the use of the maternal time. Under the NCC, an illegitimate child may file an action
name as the middle name is in accord with Filipino culture to compel his recognition even after the death of the
and customs and adoption is intended for the benefit of the putative father when the father died during the minority of
adopted. (In Re: Adoption of Stephanie Nathy Astorga Garcia, the child. While the FC has repealed this provision, it will
G.R. No. 148311, 31 Mar. 2005) not operate to prejudice Joey who has already acquired a
vested right thereto.
Q: In 1985, Sonny and Lulu, both Filipino citizens, were
married in the Philippines. In 1987, they separated, and
Sonny went to Canada, where he obtained a divorce in
(b) Are the defenses set up by Tintin tenable? (b) As lawyer for Danilo, do you have to prove
Danilo’s illegitimate filiation? Explain.
A: The defenses of Tintin are not tenable. The fact that Joey’s
birth certificate does not show that Steve was his father is A: NO. Since Danilo has already been adopted by Carlos, he
of no moment. The law does not require such mention. ceased to be an illegitimate child. An adopted child acquires
Besides, the NCC provides that when the father did not sign all the rights of a legitimate child under Art, 189 of the FC.
the birth certificate, his name should not be disclosed
therein. While it is true that capacity to inherit is Q: Nestor is the illegitimate son of Dr. Perez. When Dr.
determined at the time of the death of the decedent and that Perez died, Nestor intervened in the settlement of his
filiation is an element of capacity to inherit, filiation is father's estate, claiming that he is the illegitimate son of
determined not at the time of the death of the decedent but said deceased, but the legitimate family of Dr. Perez is
at the time of the birth of the child who is born with a status. denying Nestor's claim. What evidence or pieces of
Such status may subsequently change such as in evidence should Nestor present so that he may receive
legitimation, but legitimation is deemed to retroact to the his rightful share in his father's estate? (1999 BAR)
time of birth. In the same manner, recognition when given
voluntarily by the father, or decreed by the court, retroacts A: To be able to inherit, the illegitimate filiation of Nestor
to the time of the child’s birth. must have been admitted by his father in any of the
following:
(c) Supposing that Joey died during the pendency 1. The record of birth appearing in the civil register,
of the action, should the action be dismissed? 2. A final judgment,
Explain. 3. A public document signed by the father, or
4. A private handwritten document signed by the
A: If Joey filed the action and died when the NCC was still in latter. (Art. 175, in relation to Art. 172, FC)
force, his action would be dismissed because the action was
not transmissible to the heirs of the illegitimate child. Q: B and G (college students, both single and not
(Conde v. Abaya, G.R. No. 4275, March 23, 1909) But if the disqualified to marry each other) had a romantic affair.
action was filed after effectivity of the FC, and Joey died G was seven months in the family way as of the
during the pendency of the action for recognition, it should graduation of B. Right after graduation B went home to
not be dismissed. Under the present FC, an action Cebu City. Unknown to G, B had a commitment to C (his
commenced by a legitimate child to claim his legitimate childhood sweetheart) to marry her after getting his
filiation is not extinguished by his death. The FC makes this college degree. Two weeks after B’s marriage in Cebu
provision applicable to the action for recognition filed by an City, G gave birth to a son E in Metro Manila.
illegitimate child. Joey has the right to invoke this provision
because it does not impair any vested rights. (Art. 175, FC) After 10 years of married life in Cebu, B became a
widower by the sudden death of C in a plane crash. Out
Q: Abraham died intestate on 07 Jan. 1994 survived by of the union of B and C, two children, X and Y, were born.
his son Braulio. Abraham's older son Carlos died on 14 Unknown to C, while on weekend trips to Manila during
Feb. 1990. Danilo who claims to be an adulterous child the last 5 years of their marriage, B invariably visited G
of Carlos intervenes in the proceedings for the and lived at her residence and as a result of which, they
settlement of the estate of Abraham in representation renewed their relationship. A baby girl F was born to B
of Carlos. Danilo was legally adopted on 17 Mar. 1970 and G two years before the death of C. Bringing his
by Carlos with the consent of the “latter's wife.” (1999, family later to Manila, B finally married G. Recently, G
1995 BAR) died.
(a) Under the Family Code, how may an illegitimate What are the rights of B’s four children: X and Y of his
filiation be proved? Explain. first marriage; and E and F, his children with G? Explain
your answer.
A: Under Art. 172, in relation to Art. 173 and Art. 175 of the
FC, the filiation of illegitimate children may be established A: Under the facts stated, X and Y are legitimate children of
in the same way and by the same evidence as legitimate B and G. E is the legitimate children of B and G. E is the
children. Art. 172 provides that the filiation of legitimate legitimated child of B and G. F is the illegitimate child of B
children is established by any of the following: (1) the and C as legitimate children of B and C, X and Y have the
record of birth appearing in the civil register or a final following rights:
Judgment; or (2) an admission of legitimate filiation in a
public document or a private handwritten instrument and 1) To bear the surnames of the father and the mother,
signed by the parent concerned. In the absence of the in conformity with the provisions of the NCC on
foregoing evidence, the legitimate filiation shall be proved surnames;
by: (1) the open and continuous possession of the status of 2) To receive support from their parents, their
a legitimate child; or (2) any other means allowed by the ascendants, and in proper cases, their brothers and
Rules of Court and special laws. sisters, in conformity with the provisions of the FC
on Support; and
3) To be entitled to the legitime and other Q: Roderick and Faye were high school sweethearts.
successional rights granted to them by the NCC. When Roderick was 18 and Faye, 16 years old, they
(Art. 174, FC) E is the legitimated child of B and G. started to live together as husband and wife without the
Under Art. 177, FC, only children conceived and benefit of marriage. When Faye reached 18 years of age,
born outside of wedlock of parents who, at the time her parents forcibly took her back and arranged for her
of the conception of the former, were not marriage to Brad. Although Faye lived with Brad after
disqualified by any impediment to marry each the marriage, Roderick continued to regularly visit
other may be legitimated. E will have the same Faye while Brad was away at work. During their
rights as X and Y. F is the illegitimate child of B and marriage, Faye gave birth to a baby girl, Laica. When
G. F has the right to use the surname of G, her Faye was 25 years old, Brad discovered her continued
mother, and is entitled to support as well as the liaison with Roderick and in one of their heated
legitime consisting of 1/2 of that of each of X, Y, and arguments, Faye shot Brad to death. She lost no time in
E. (Art. 176, FC) marrying her true love Roderick, without a marriage
license, claiming that they have been continuously
4. LEGITIMATED CHILDREN cohabiting for more than 5 years.
(2004 BAR) been legally allowed to do so? Explain with legal basis.
(2015 BAR)
A: ZMN was legitimated by the subsequent marriage of RN
and DM because at the time he was conceived, RN and DM A: NO, because joint adoption is allowed between husband
could have validly married each other. Under the Family and wife. Even if Bert and Joe are cohabiting with each
Code children conceived and born outside of wedlock of other, they are not vested with the right to jointly adopt
parents who, at the time of the former's conception, were under the Family Code or even under the Domestic
not disqualified by any impediment to marry each other are Adoption Act. (Sec. 7, R.A. 8552) (Bar Q&A by Paguirigan)
legitimated by the subsequent marriage of the parents
Q: Spouses Primo and Monina Lim, childless, were
entrusted with the custody of two (2) minor children,
H. ADOPTION the parents of whom were unknown. Eager of having
children of their own, the spouses made it appear that
they were the children’s parents by naming them
Michelle P. Lim and Michael Jude Lim. Subsequently,
1. DOMESTIC ADOPTION (R.A. No. 8552) Monina married Angel Olario after Primo’s death.
(2015, 2014, 2012, 2010, 2009, 2008, 2007, 2006,
2005, 2004, 2003, 2001, 2000, 1996, 1995, 1994 BAR) She decided to adopt the children by availing the
amnesty given under R.A. No. 8552 to those individuals
a. WHO MAY ADOPT who simulated the birth of a child. She filed separate
petitions for the adoption of Michelle, then 25 years old
Q: Spouses Esteban and Maria decided to raise their two and Michael, 18. Both Michelle and Michael gave
(2) nieces, Faith and Hope, both minors, as their own consent to the adoption. The trial court dismissed the
children after the parents of the minors died in a petition and ruled that Monina should have filed the
vehicular accident. petition jointly with her new husband. Monina, in a
Motion for Reconsideration argues that mere consent
Ten (10) years after, Esteban died. Maria later on of her husband would suffice and that joint adoption is
married her boss Daniel, a British national who had not needed, for the adoptees are already emancipated.
been living in the Philippines for two (2) years.
Is the trial court correct in dismissing the petitions for
With the permission of Daniel, Maria filed a petition for adoption? Explain. (2012 BAR)
the adoption of Faith and Hope. She did not include
Daniel as her co-petitioner because for Maria, it was her A: YES, the trial court was correct. At the time the positions
former husband Esteban who raised the kids. for adoptions were filed, petitioner had already remarried.
Under the law, husband and wife shall adopt jointly, except
If you are the judge, how will you resolve the petition? in cases enumerated in the law. The adoption cases of
(2015 BAR) Michelle and James do not fall in any of the exceptions
provided in the law where a spouse is permitted to adopt
A: I will dismiss the petition for adoption. The rule is that alone. Hence, Monina should adopt jointly with her husband
the husband and wife must jointly adopt and there are only Angel. (Adoption of Michelle P. Lim, G.R. Nos. 168992-93, 21
three recognized exceptions to joint adoption by the May 2009)
husband and wife: 1) if one spouse seeks to adopt the
legitimate child of the other; 2) if one spouse seeks to adopt Q: Eighteen-year-old Filipina Patrice had a daughter out
his or her own illegitimate child; 3) if the spouses are legally of wedlock whom she named Laurie. At 26, Patrice
separated. The case of Maria and Daniel does not appear to married American citizen John who brought her to live
fall under any of the recognized exceptions, accordingly the with him in the United States of America. John at once
petition filed by the wife alone should be dismissed. (Bar signified his willingness to adopt Laurie.
Q&A by Paguirigan)
Can John file the petition for adoption? If yes, what are
Q: Bert and Joe, both male and single, lived together as the requirements? If no, why? (2010 BAR)
common law spouses and agreed to raise a son of Bert's
living brother as their child without legally adopting A: NO, John cannot file the petition to adopt alone.
him. Bert worked while Joe took care of their home and Philippine law requires husband and wife to adopt jointly
the boy. In their 20 years of cohabitation they were able except on certain situations enumerated in the law. The
to acquire real estate assets registered in their names case of John does not fall in any of the exceptions. (R.A. No.
as co-owners. Unfortunately, Bert died of cardiac 8552)
arrest, leaving no will. Bert was survived by his
biological siblings, Joe, and the boy. Q: In 1984, Eva, a Filipina, went to work as a nurse in the
USA. There, she met and fell in love with Paul, an
If Bert and Joe had decided in the early years of their American citizen, and they got married in 1985. Eva
cohabitation to jointly adopt the boy, would they have acquired American citizenship in 1987. During their
sojourn in the Philippines in 1990, they filed a joint with her husband, one of her minor brothers. Assuming
petition for the adoption of Vicky, a 7-year-old daughter that all the required consents have been obtained,
of Eva's sister. The government, through the Office of could the contemplated joint adoption in the Philippine
the Solicitor General, opposed the petition on the prosper? Explain. (2003 BAR)
ground that the petitioners, being both foreigners, are
disqualified to adopt Vicky. (2005, 2003, 2000 BAR) A: YES, Lina and her American husband can jointly adopt a
minor brother of Lina because she and her husband are
(a) Is the government's opposition tenable? both qualified to adopt. Lina, as a former Filipino citizen, can
Explain. adopt her minor brother under Sec. 7(b(i)) of R.A. 8552
(Domestic Adoption Act of 1998).
A: YES, the position of the government is tenable.
Foreigners are disqualified to adopt unless they fall in any The alien husband can now adopt under Sec. 7(b) of R.A. No.
of the exceptions provided for in the law. Eva and Paul are 8552. The Supreme Court has held in several cases that
both foreigners. Eva, Falls in one of the exceptions. She is when husband and wife are required to adopt jointly, each
qualified to adopt because she is a former Filipino citizen one of them must be qualified to adopt in his or her own
who wishes to adopt a relative by consanguinity. right. (Republic v. Toledano, G.R. No. 94147, 08 June 1994)
Unfortunately, Paul is not qualified to adopt because he However, the American husband must comply with the
does not fall in any of the exceptions. Hence, they cannot requirements of the law including the residency
adopt jointly. When husband and wife are adopting jointly, requirement of three (3) years. Otherwise, the adoption will
both of them must be qualified to adopt in their own right not be allowed.
Eva cannot, alone by herself, adopt her niece because
husband and wife must adopt jointly unless they fall in any Q: A German couple filed a petition for adoption of a
of the exceptions provided for in the law. They cannot adopt minor Filipino child with the Regional Trial Court of
separately because they do not fall in any of the exceptions. Makati under the provisions of the Child and Youth
Hence, whether separately or jointly, Eva and Paul cannot Welfare Code which allowed alien to adopt. Before the
adopt Vicky in the Philippines. (Domestic Adoption Law, R.A. petition could be heard, the Family Code, which
No. 8552) repealed the Child and Youth Welfare Code, came into
effect. Consequently, the Solicitor General filed a
(b) Would your answer be the same if they sought motion to dismiss the petition, on the ground that the
to adopt Eva's illegitimate daughter? Explain. Family Code prohibits aliens from adopting. If you were
the judge, how will you rule on the motion? (2001 BAR)
A: NO, my answer would be different. Eva is qualified to
adopt her illegitimate daughter, because she falls in one of A: The motion to dismiss the petition for adoption should
the exceptions that allow foreigners to adopt. She is a be denied. The law that should govern the action is the law
former Filipino citizen adopting her relative by in force at the time of filing of the petition. At that time, it
consanguinity. Eva can adopt separately her illegitimate was the Child and Youth Welfare Code that was in effect, not
child because her case is also an exception to the rule that the FC. Petitioners have already acquired a vested right on
husband and wife should adopt jointly. their qualification to adopt which cannot be taken away by
the Family Code. (Republic v. Miller, G.R. No. 125932, 21 Apr.
(c) Supposing that they filed the petition to adopt 1999, citing Republic v. Court of Appeals, G.R. No. 92326, 24
Vicky in the year 2000, will your answer be the Jan. 1992)
same? Explain.
Q: Sometime in 1990, Sarah, born a Filipino but by then
A: YES, my answer will be the same. The new Law on a naturalized American citizen, and her American
Domestic Adoption allows a foreigner to adopt in the husband Tom, filed a petition in the Regional Trial
Philippines if he has been residing in the Philippines for at Court of Makati, for the adoption of the minor child of
least 3 years prior to the filing of the petition unless the law her sister, a Filipina. Can the petition be granted? (2000
waives that residency requirement. Paul and Eva have not BAR)
resided in the Philippines for the last three (3) years.
However, Eva will qualify for waiver because she was a A: It depends. If Tom and Sarah have been residing in the
former Filipino citizen who wishes to adopt a relative by Philippines for at least 3 years prior to the effectivity of R.A.
consanguinity within the fourth degree. Unfortunately, Paul No. 8552, the petition may be granted because the American
will not qualify to adopt because he does not fall in any of husband is not qualified to adopt.
the instances for waiver to apply. They cannot adopt jointly
because one of them is not qualified. Neither may Eva adopt While the petition for adoption was filed in 1990, it was
alone because she does not fall in any of the exceptions that considered refiled upon the effectivity of R.A. No. 8552, the
allow husband and wife to adopt separately. Domestic Adoption Act of 1998. This is the law applicable,
the petition being still pending with the lower court.
Q: Lina, a former Filipina who became an American
citizen shortly after her marriage to an American Under the Act, Sarah and Tom must adopt jointly because
husband, would like to adopt in the Philippines, jointly they do not fall in any of the exceptions where one of them
may adopt alone. When husband and wife must adopt (b) Will your answer be the same if it was Dolly
jointly, the Supreme Court has held in a line of cases that who died during the pendency of the adoption
both of them must be qualified to adopt. While Sarah, an proceedings? Explain.
alien, is qualified to adopt under Sec. 7(b)(1) of the Act for
being a former Filipino citizen who seeks to adopt a relative A: NO, if it was Dolly who died, the case should be dismissed.
within the fourth degree of consanguinity or affinity, Tom Her death terminates the proceedings. (Art. 13, R.A. No.
an alien, is not qualified because he is neither a former 8552)
Filipino citizen, nor married to a Filipino. One of them not
being qualified to adopt their petition has to be denied. Q: Despite several relationships with different women,
However, if they have been residents of the Philippines Andrew remained unmarried. His first relationship
three years prior to the effectivity of the Act and continues with Brenda produced a daughter, Amy, now 30 years
to reside here until the decree of adoption is entered, they old. His second, with Carla, produced two sons: Jon and
are qualified to adopt the nephew of Sara under Sec. 7(b) Ryan. His third, with Elena, bore him no children
thereof, and the petition may be granted. although Elena has a daughter Jane, from a previous
relationship. His last, with Fe, produced no biological
b. WHO MAY BE ADOPTED children but they informally adopted without court
proceedings, Sandy's now 13 years old, whom they
Q: Spouses Rex and Lea bore two children now aged 14 consider as their own. Sandy was orphaned as a baby
and 8. During the subsistence of their marriage, Rex and was entrusted to them by the midwife who
begot a child by another woman. He is now 10 years of attended to Sandy's birth. All the children, including
age. On Lea’s discovery of Rex’s fathering a child by Amy, now live with Andrew in his house.
another woman, she filed a petition for legal separation
which was granted. Rex now wants to adopt his Is there any legal obstacle to the legal adoption of Amy
illegitimate child. (2010 BAR) by Andrew? To the legal adoption of Sandy by Andrew
and Elena? (2008 BAR)
(a) Whose consent is needed for Rex’s adoption of his
illegitimate child? A: NO, there is no legal obstacle to the legal adoption of Amy
by Andrew. While a person of age may not be adopted, Amy
A: The consent of the 14-year-old legitimate child, of the 10- falls within two exceptions: (1) she is an illegitimate child
year-old illegitimate child and of the biological mother of and she is being adopted by her illegitimate father to
the illegitimate child are needed for the adoption. (Secs. 7 improve her status; and (2) even on the assumption that she
and 9, R.A. No. 8552) The consent of Lea is no longer is not an illegitimate child of Andrew, she may still be
required because there was already a final decree of legal adopted, although of legal age, because she has been
separation. consistently considered and treated by the adopter as his
own child since minority. In fact, she has been living with
(b) If there was no legal separation, can Rex still him until now.
adopt his illegitimate child? Explain.
There is a legal obstacle to the adoption of Sandy by Andrew
A: YES, he can still adopt his illegitimate child but with the and Elena. Andrew and Elena cannot adopt jointly because
consent of his spouse, of his 14-year-old legitimate child of they are not married.
the illegitimate child, and of the biological mother of the
illegitimate child. (Secs. 7 & 9, R.A. No. 8552) c. RIGHTS OF AN ADOPTED CHILD
Q: Rafael, a wealthy bachelor, filed a petition for the Q: May an illegitimate child, upon adoption by her
adoption of Dolly, a one-year-old foundling who had a natural father, use the surname of her natural mother
severe heart ailment. During the pendency of the as the middle name? (2006 BAR)
adoption proceedings, Rafael died of natural causes.
The Office of the Solicitor General files a motion to A: YES, an illegitimate child, upon adoption by her natural
dismiss the petition on the ground that the case can no father, can use the surname of her natural mother as her
longer proceed because of the petitioner’s death. (2009 middle name. The Court has ruled that there is no law
BAR) prohibiting an illegitimate child adopted by her natural
father to use, as middle name, her mother's surname. What
(a) Should the case be dismissed? Explain. is not prohibited is allowed. After all, the use of the maternal
name as the middle name is in accord with Filipino culture
A: It depends on the stage of the proceedings when Rafael and customs and adoption is intended for the benefit of the
died. If he died after all the requirements under the law have adopted. (In re: Adoption of Stephanie Nathy Astorga Garcia,
been complied with and the case is already submitted for G.R. No. 148311, 31 Mar. 2005; Rabuya, The Law on Persons
resolution, the court may grant the petition and issue a and Family Relations, p. 613)
decree of adoption despite the death of the adopter. (Sec. 13,
R.A. No. 8552) Otherwise, the death of the petitioner shall
have the effect terminating the proceedings.
Q: Bert and Joe, both male and single, lived together as difference? Why? Explain. (2004 BAR)
common law spouses and agreed to raise a son of Bert's
living brother as their child without legally adopting A: YV can inherit from BM, Jr. The succession to the estate
him. Bert worked while Joe took care of their home and of BM, Jr. is governed by Philippine law because he was a
the boy. In their 20 years of cohabitation they were able Filipino when he died. (Art. 16, NCC) Under Art. 1039 of the
to acquire real estate assets registered in their names NCC, the capacity of the heir to succeed is governed by the
as co-owners. Unfortunately, Bert died of cardiac national law of the decedent and not by the national law of
arrest, leaving no will. Bert was survived by his the heir. Hence, whether or not YV can inherit from BM, Jr.
biological siblings, Joe, and the boy. is determined by Philippine law. Under Philippine law, the
adopted inherits from the adopter as a legitimate child of
What are the successional rights of the boy Bert Joe and the adopter.
raised as their son? (2015 BAR)
YV, however, cannot inherit, in his own right, from the
A: Neither of the two will inherit from Bert. Joe cannot father of the adopter, BM, Sr., because he is not a legal heir
inherit because the law does not recognize the right of a of BM, Sr. The legal fiction of adoption exists only between
stranger to inherit from the decedent in the absence of a the adopted and the adopter. (Teotico v. Del Val, G.R. No. L-
will. Their cohabitation will not vest Joe with the right to 18753, 26 Mar. 1965) Neither may he inherit from BM, Sr. by
inherit from Bert. The child will likewise not inherit from representing BM, Jr. because in representation, the
Bert because of the lack of formal adoption of the child. A representative must be a legal heir not only of the person he
mere ward or “ampon” has no right to inherit from the is representing but also of the decedent from whom the
adopting parents. (Manuel v. Ferrer, 247 SCRA 476) represented was supposed to inherit. (Art. 973, NCC)
Q: Honorato filed a petition to adopt his minor d. INSTANCES AND EFFECTS OF RESCISSION
illegitimate child Stephanie, alleging that Stephanie’s
mother is Gemma Astorga Garcia; that Stephanie has Q: In 1975, Carol begot a daughter Bing, out of wedlock.
been using her mother’s middle name and surname; When Bing was ten years old, Carol gave her consent for
and that he is now a widower and qualified to be her Bing’s legal adoption by Norma and Manuel, which was
adopting parent. He prayed that Stephanie’s middle granted by the court in 1990. In 1991, Carol learned
name be changed from “Astorga” to “Garcia,” which is that Norma and Manuel were engaged in a call-girl-ring
her mother’s surname and that her surname “Garcia” that catered to tourists. Some of the girls lived with
be changed to “Catindig,” which is his surname. This the Norma and Manuel. Carol got Bing back, who in the first
trial court denied. Was the trial court correct in denying place wanted to return to her natural mother. (1994
Hororato’s request for Stephanie’s use of her mother’s BAR)
surname as her middle name? Explain. (2012, 1996
BAR) (a) Who has a better right to the custody of Bing, Carol
or Norma?
A: NO, the trial court was not correct. There is no law
prohibiting an illegitimate child adopted by his natural A: The natural mother, Carol should have the better right in
father to use as middle name his mother's surname. The law light of the principle that the child’s welfare is the
is silent as to what middle name an adoptee may use. In the paramount consideration in custody rights. Obviously,
case of In re: Adoption of Stephanie Nathy Astorga Garcia Bing’s continued stay in her adopting parents’ house where
(G.R. No, 148311, 31 Mar. 2005), the Supreme Court ruled interaction with the call girls is inevitable, would be
that the adopted child may use the surname of the natural detrimental to her moral and spiritual development. This
mother as his middle name because there is no prohibition could be the reason for Bing’s expressed desire to return to
in the law against it. Moreover, it will also be for the benefit her natural mother. It should be noted, however, that Bing
of the adopted child who shall preserve his lineage on his is no longer a minor, being 19 years of age now. It is doubtful
mother’s side and reinforce his right to inherit from his that a court can still resolve the question of custody over
mother and her family. Lastly, it will make the adopted child one who is sui juris and not otherwise incapacitated.
conform with the time-honored Filipino tradition of
carrying the mother’s surname as the person’s middle (b) Aside from taking physical custody of Bing, what
name. legal actions can Carol take to protect Bing?
Q: A Filipino couple, Mr. and Mrs. BM, Jr., decided to A: Carol may file an action to deprive Norma of parental
adopt YV, an orphan from St. Claire’s orphanage in New authority under Art. 231 of the FC. Or file an action for the
York City. They loved and treated her like a legitimate rescission of the adoption under Art. 191 in relation to Art.
child for they have none of their very own. However, 231(2) of the FC.
BM, Jr., died in an accident at sea, followed to the grave
a year later by his sick father, BM, Sr. Each left a sizable
estate consisting of bank deposits, lands and buildings
in Manila. May the adopted child, YV, inherit from BM,
Jr.? May she also inherit from BM, Sr.? Is there a
2. INTER–COUNTRY ADOPTION (R.A. No. 8043) Q: Selena was a single 18-year-old when she got
(2018, 2005 BAR) pregnant and gave birth to Suri. She then left to work as
a caregiver in Canada, leaving Suri with her parents in
the Philippines. Selena, now 34 years old and a
a. WHEN ALLOWED
permanent resident in Canada, met and married Sam
who is a 24-year-old Canadian citizen who works as a
b. WHO MAY ADOPT
movie star in Canada. Sam’s parents are of Filipino
ancestry but had become Canadian citizens before Sam
Q: Under R.A. No. 8043, an adopter is required to be at
was born. Wanting Suri to have all the advantages of a
least ____ years old and ____ years older than the child to
legitimate child, Selena and Sam decided to adopt her.
be adopted at the time of the application unless the
Sam’s parents, already opposed to the marriage of their
adopter is the parent by nature of the child. (2012 BAR)
son to someone significantly older, vehemently
objected to the adoption. They argued that Sam was not
a) 30 and 15
old enough and that the requisite age gap required by
b) 27 and 16
the Inter-Country Adoption Act between Sam as
c) 50 and 10
adopter and Suri as adoptee was not met.
d) 18 and 15
A: The following have been considered as “compelling A: YES, Amy, Jon and Ryan, can legally claim support from
reasons” to deprive a mother of custody: each other under Art. 196, FC which provides that brothers
and sisters not legitimately related, whether of the full or
a. Neglect; half-blood, are bound to support each other except when
b. Abandonment; the need for support is due to a cause imputable to the
c. Unemployment; claimant’s fault or negligence. Jane and Sandy, however,
d. Immorality; (Espiritu v. Court of Appeals, G.R. No. cannot legally claim support from each other and from Amy,
115640, 15 Mar. 1995) Jon and Ryan because they are not related to any of them.
e. Alcoholism;
f. Drug addiction; Q: Sofia and Semuel, both unmarried, lived together for
g. Maltreatment; many years in the Philippines and begot three children.
h. Insanity; While Sofia stayed in the Philippines with the children,
i. Highly communicable serious disease; Semuel went abroad to work and became a naturalized
j. Grave physical handicap; and German citizen. He met someone in Germany whom he
k. Serious and credible threat by the child to ham wanted to marry. Semuel thereafter came home and
himself if separated from his mother. (Luna v. IAC, filed a petition with the Regional Trial Court (RTC) for
G.R. No. L-68374, 18 June 1985) partition of the common properties acquired during his
union with Sofia in the Philippines. The properties
Q: Distinguish briefly but clearly between: Substitute acquired during the union consisted of a house and lot
parental authority and special parental authority. in Cavite worth P2 million, and some personal
(2004 BAR) properties, including cash in bank amounting to P1
million. All these properties were acquired using
A: In substitute parental authority, the parents lose their Semuel’s salaries and wages since Sofia was a stay-at-
parental authority in favor of the substitute who acquires it home mother. In retaliation, Sofia filed an action, on
to the exclusion of the parents. In special parental authority, behalf of their minor children, for support. (2018 BAR)
the parents or anyone exercising parental authority does
not lose parental authority. Those who are charged with (a) How should the properties be partitioned?
special parental authority exercise such authority only
during the time that the child is in their custody or A: The properties should be divided equally between Sofia
supervision. and Semuel. The property relations of Sofia and Semuel is
governed by Art. 147, FC because they lived exclusively with
Substitute parental authority displaces parental authority each other as husband and wife, and they were capacitated
while special parental authority concurs with parental to marry each other. Under the said provision, the wages
authority. and salaries of Sofia and Semuel shall be owned by them in
equal shares; hence, the cash in the bank from Semuel’s
Q: Despite several relationships with different women, salaries and wages is co-owned by Semuel and Sofia in equal
Andrew remained unmarried. His first relationship shares. Art. 147, FC also provides that the property acquired
with Brenda produced a daughter, Amy, now 30 years by the partners through their work or industry shall be
old. His second, with Carla, produced two sons: Jon and governed by the rules on co-ownership and in the absence
Ryan. His third, with Elena, bore him no children of proof to the contrary, properties acquired during the
although Elena has a daughter Jane, from a previous cohabitation shall be presumed to have been obtained by
relationship. His last, with Fe, produced no biological their joint efforts, work or industry and shall be owned by
children but they informally adopted without court them in equal shares. Art. 147, FC provides further that if
proceedings, Sandy's now 13 years old, whom they the efforts of one of the parties consisted in the care and
consider as their own. Sandy was orphaned as a baby maintenance of the family and of the household, he or she is
and was entrusted to them by the midwife who deemed to have contributed jointly in the acquisition of the
attended to Sandy's birth. All the children, including property even if he or she did not participate in the
Amy, now live with Andrew in his house. (2008 BAR) acquisition by the other party of the said property. Sofia, as
a stay-at-home mother, cared for and maintained the family,
(a) In his old age, can Andrew be legally entitled to consequently, she is deemed to have contributed in the
claim support from Amy, Jon, Ryan, Jane, and acquisition of the house and lot. As co-owner, Sofia is
Sandy assuming that all of them have the means entitled to one half of the property.
to support him?
(b) Should Semuel be required to support the
A: YES, Andrew can claim support from them all, except minor children?
from Sandy and Jane, who is not his child, legitimate,
illegitimate, or adopted. A: YES, Semuel should be required to support the minor
children. Parents and their illegitimate children are obliged
(b) Can Amy, Jon, Ryan, Jane, and Sandy legally to support each other. (Art. 195, FC) Semuel is required to
claim support from each other? support his illegitimate children with Sofia. The children are
illegitimate, because they were conceived and born outside
a valid marriage. (Art. 165, FC) (UPLC Suggested Answers) authorized activities, whether inside or outside the
premises of the school, entity or institution. The field trip on
ALTERNATIVE ANSWER: which occasion Rozanno drove the car, was an authorized
activity, and, thus, covered by the provision. Furthermore,
Even if the new national law of Samuel does not oblige him the parents of Rozanno are subsidiarily liable pursuant to
to support his minor illegitimate children in the Philippines, Art. 219 (FC), and principally liable under Art. 221 (FC), if
the said foreign law cannot be applied in the Philippines for they are negligent.
two reasons: (1) the Philippines may refuse to apply said
foreign law, because it is contrary to a sound and (b) Under the same facts, except the date of
established policy of the forum; and (2) the Philippine laws occurrence of the incident, this time in mid-
which have for their object public policy cannot be rendered 1994, what would be your answer? Explain.
ineffective by a foreign law. (Art. 17(3) NCC; Del Soccoro v.
Van Wilsem, G.R. No. 193707, 10 Dec. 2014) A: Since Rozanno was 16 years old in 1989, if the incident
happened sometime in the middle of 1994, Rozanno have
Q: If during class hours, while the teacher was chatting been 21 years old at the time. Hence, he was already of legal
with other teachers in the school corridor, a 7-year-old age. The law reducing the age of majority to 18 years took
male pupil stabs the eye of another boy with a ball pen effect in December 1989.
during a fight, causing permanent blindness to the
victim, who could be liable for damages for the boy’s Being of legal age, Arts. 218, 219, and 221, FC are no longer
injury: the teacher, the school authorities, or the guilty applicable. In such case, only Rozanno will be personally
boy’s parents? Explain. (2003 BAR) responsible for all the consequences of his act unless his
school or his parents were themselves also negligent and
A: The school, its administrators, and teachers have special such negligence contributed to the happening of the
parental authority and responsibility over the minor child incident. In that event, the school or his parents are not
while under their supervision, instruction or custody. (Art. liable under Arts. 218, 218, or 221, FC, but will be liable
218, FC) They are principally and solidarily liable for the under general provision of the NCC on quasi-delict.
damages caused by the acts or omissions of the
unemancipated minor unless they exercised the proper Q: DON, an American businessman, secured parental
diligence required under the circumstances. (Art. 219, FC) consent for the employment of five minors to play
In the problem, the teacher and the school authorities are certain roles in two movies he was producing at home
liable for the blindness of the victim, because the student in Makati. They worked at odd hours of the day and
who causes it was under their special parental authority night, but always accompanied by parents or other
and they were negligent. They were negligent because they adults. The producer paid the children talent fees at
were chatting in the corridor during the class period when rates better than adult wages.
the stabbing incident occurred. The incident could have
been prevented had the teacher been inside the classroom But a social worker, DEB, reported to OSWD that these
at that time. The guilty boy’s PARENTS are subsidiarily children often missed going to school. They sometimes
liable under Art. 219, FC. drank wine, aside from being exposed to drugs. In some
scenes, they were filmed naked or in revealing
Q: On 05 May 1989, 16-year-old Rozanno, who was costumes. In his defense, DON contended all these were
issued a student permit, drove to school a car, a gift part of artistic freedom and cultural creativity. None of
from his parents. On even date, as his class was the parents complained, said DON. He also said they
scheduled to go on a field trip, his teacher requested signed a contract containing a waiver of their right to
him to accommodate in his car, as he did, four (4) of his file any complaint in any office or tribunal concerning
classmates because the van rented by the school was the working conditions of their children acting in the
too crowded. On the way to a museum which the movies.
students were scheduled to visit, Rozanno made a
wrong maneuver, causing a collision with a jeepney. Is the waiver valid and binding? Why or why not?
One of his classmates died. He and the three (3) others Explain. (2004 BAR)
were badly injured. (2010 BAR)
A: The waiver is not valid. Although the contracting parties
(a) Who is liable for the death of Rozanno’s may establish such stipulations, clauses, terms and
classmate, and the injuries suffered by Rozanno conditions as they may deem convenient, they may not do
and his 3 other classmates? Explain. so if such are contrary to law, morals, good customs, public
order, or public policy. (Art. 1306, NCC) The parents' waiver
A: At the time the incident occurred in May 1989, Rozanno to file a complaint concerning the working conditions
was still a minor. Being a minor, Art. 218, (FC) applies. detrimental to the moral well-being of their children acting
Pursuant to Art. 218, the school, its administrators and in the movies is in violation of the FC and Labor laws. Thus,
teachers shall be liable for the acts of minor Rozanno the waiver is invalid and not binding.
because of the special parental authority and responsibility
that they exercise over him. The authority applies to all The Child Labor Law is a mandatory and prohibitory law,
and the rights of the child cannot be waived as it is contrary Can G still ask for support pendente lite from B?
to law and public policy. Explain. (2010 BAR)
Q: Gigolo entered into an agreement with Majorette for A: YES, G can still ask for support from B because during the
her to carry in her womb his baby via in vitro pendency of the action, the marriage between them is
fertilization. Gigolo undertook to underwrite considered still subsisting. (Art. 68, FC) Being considered
Majorette’s pre-natal expenses as well as those still married to each other, B and G still have the obligation
attendant to her delivery. Gigolo would thereafter pay to support each other. The compromise agreement cannot
Majorette P2 million and, in return, she would give operate to waive future support when needed. (Art. 2035,
custody of the baby to him. (2010 BAR) NCC)
(a) After Majorette gives birth and delivers the baby After the compromise agreement was approved by the
to Gigolo following her receipt of P2 million, she court and the properties of the marriage were distributed,
engages your services as her lawyer to regain there remained no more common properties of B and G.
custody of the baby. Is the child entitled to While Art. 198, FC appears ' to limit the source of support to
support and inheritance from Gigolo? Explain. the common properties of the said marriage in case of the
pendency of an action to declare the nullity of marriage,
A: If Gigolo voluntarily recognize the child as his illegitimate Arts. 94 and 121 indicate otherwise. Under the said Articles,
child in accordance with Art. 175 in relation to Art. 172 of the spouses remain personally and solidarily liable with
the FC, the child is entitled to support and inheritance from their separate properties for support even though, for
Gigolo. whatever reason, there are no more community or
partnership properties left.
(b) What legal action can you file on behalf of
Majorette? Explain. The judgment based on the compromise dissolving the
property relations of B and G does not bar G from asking
A: As her lawyer, I can file a petition for habeas corpus on support pendente lite. The dissolution of the property
behalf Majorette to recover custody of her child. Since she is relations of the spouses did not terminate the obligation
the mother of the child that was born out of wedlock, she between them to support each other. The declaration of the
has exclusive parental authority and custody over the child. nullity of their marriage is what terminates the right of G to
Gigolo, therefore, has no right to have custody of the child be supported by B as his spouse.
and his refusal to give up custody will constitute illegal
detention for which habeas corpus is the proper remedy. Q: Sinclair and Steffi had an illicit relationship while
Sinclair was married to another. The relationship
(c) Can Gigolo demand from Majorette the return of produced a daughter Sabina, who grew up with her
the P2 million if he returns the baby? Explain. mother. For most parts of Sabina’s youth, Steffi spent
for her support and education. When Sabina was 21
A: NO, he cannot. Both he and Majorette are guilty of years old, Sinclair’s wife of many years died. Sinclair
violating the provision of the Anti-Child Abuse Law (R.A. No. and Steffi lost no time in legitimizing their relationship.
7610) on child trafficking. Being in pari delicto, the parties After the 40-day prayers for Sinclair’s late wife, Sinclair
shall be left where they are, and Gigolo cannot demand the and Steffi got married without a marriage license,
return of what he paid. claiming that they have been cohabiting for the last 20
years.
Q: G filed on 08 July 2000 a petition for declaration of
nullity of her marriage to B. During the pendency of the After graduating from college, Sabina decided to enroll
case, the couple entered into a compromise agreement in law school. Sinclair said that he was not willing to pay
to dissolve their absolute community of property. B for her school fees since she was no longer a minor.
ceded his right to their house and lot and all his shares Sinclair claimed that if Sabina wanted to be a lawyer,
in two business firms to G and their two children, aged she had to work and spend for her law education. (2018
18 and 19. BAR)
B also opened a bank account in the amount of P3 (a) What is Sabina’s filiation status?
million in the name of the two children to answer for
their educational expenses until they finish their A: Sabina is an illegitimate child of Sinclair and Steffi
college degrees. because she was conceived and born outside a valid
marriage. (Art. 165, FC) She was not legitimated by the
For her part, G undertook to shoulder the day-to-day subsequent marriage between Sinclair and Steffi. Only
living expenses and upkeep of the children. The Court children conceived and born outside of wedlock of parents
approved the spouses’ agreement on 08 Sept. 2000. who, at the time of conception of the former, were not
disqualified by any impediment to marry each other may be
Suppose the business firms suffered reverses, legitimated. (Art. 177, FC) At the time of Sabina’s conception,
rendering G unable to support herself and the children. her parents were disqualified by an impediment to marry
B. TESTAMENTARY SUCCESSION
(2017, 2015, 2014, 2012, 2009, 2008, 2007, 2006,
2003, 2002, 2000, 1999, 1997, 1996, 1994, 1990 BAR)
1. WILLS
(a) State who are Pedro's legal heirs, and the shares
of each legal heir to the estate? Explain your
answer.
A: NO, the testamentary disposition are not valid and A: YES, the acknowledgment is considered valid because a
effective because such testamentary disposition must not will (although not required to be filed by the notary public)
impair the legitimes of the testator’s compulsory heirs. may still constitute a document, which contains an
Under the NCC, for the testamentary dispositions be admission of illegitimate filiation. The recognition of an
effective, the legitimes of the respective compulsory heirs illegitimate child does not lose its legal effect even though
must not be impaired by such testamentary dispositions. the will wherein it was made should be revoked. (Art. 834,
NCC) This provision by itself warrants a conclusion that a
In this case, the dispositions impair the legitimes of Pedro’s will may be considered as proof of filiation. The donation
children, which are as follows:(i) 1/2 of the estate to Alex; mortis causa may be considered valid because although
(ii) 1/4 of the estate each to the three illegitimate children, unborn, a fetus has a presumptive personality for all
which shall be proportionally reduced since the legitimes purposes favorable to it provided it be born under the
already exceed the balance of the estate. Hence, the conditions specified in Art. 41, NCC.
testamentary dispositions are not valid and effective.
Q: Crispin died testate and was survived by Alex and
Q: Alden and Stela were both former Filipino citizens. Josine, his children from his first wife; Rene and Ruby,
They were married in the Philippines but they later his children from his second wife; and Allan, Bea, and
migrated to the United States where they were Cheska, his children from his third wife. One important
naturalized as American citizens. In their union they provision in his will reads as follows:
were able to accumulate several real properties both in
the US and in the Philippines. Unfortunately, they were "Ang lupa at bahay sa Lungsod ng Maynila ay ililipat at
not blessed with children. In the US, they executed a ilalagay sa pangalan nila Alex at Rene hindi bilang
joint will instituting as their common heirs to divide pamana ko sa kanila kundi upang pamahalaan at
their combined estate in equal shares, the five siblings pangalagaan lamang nila at nang ang sinuman sa aking
of Alden and the seven siblings of Stela. Alden passed mga anak, sampu ng aking mga apo at kaapuapuhan ko
away in 2013 and a year later, Stela also died. The sa habang panahon, ay may tutuluyan kung magnanais
siblings of Alden who were all citizens of the US na mag-aral sa Maynila o sa kalapit na mga lungsod."
instituted probate proceedings in a US court
impleading the siblings of Stela who were all in the Is the provision valid? (2014 BAR)
Philippines. (2015 BAR)
A: NO, the provision imposing the division of the property
(a) Was the joint will executed by Alden and Stela “habang panahon” is invalid. In Santiago v. Santiago (G.R.
who were both former Filipinos valid? Explain No. 179859, 09 Aug. 2010), a similar provision appears in the
with legal basis. will. However, Art. 1083 of the NCC provides that the period
of indivision imposed by the testator shall not exceed 20
A: YES, the joint will of Alden and Stela is valid. Being no years. Hence, the provision leaving the administration of the
longer Filipino citizens at the time they executed their joint house and lot to Alex and Rene is valid but the provision
will, the prohibition under our Civil Code on joint wills will “habang buhay” is invalid as to the excess beyond 20 years.
no longer apply to Alden and Stela. For as long as their will
was executed in accordance with the law of the place where Q: Natividad’s holographic will, which had only one (1)
they reside, or the law of the country of which they are substantial provision, as first written, named Rosa as
citizens or even in accordance with the NCC, a will executed her sole heir. However, when Gregorio presented it for
by an alien is considered valid in the Philippines. (Art. 816, probate, it already contained an alteration, naming
NCC) Gregorio, instead of Rosa, as sole heir, but without
authentication by Natividad’s signature. Rosa opposes
(b) Can the joint produce legal effect in the the probate alleging such lack of proper authentication.
Philippines with respect to the properties of She claims that the unaltered form of the will should be
Alden and Stela found here? If so, how? given effect.
A: YES, the joint will of Alden and Stela can take effect even Whose claim should be granted? Explain. (2012, 1996
with respect to the properties located in the Philippines BAR)
because what governs the distribution of their estate is no
longer Philippine law but their national law at the time of A: It depends. If the cancellation of Rosa's name in the will
their demise. Hence, the joint will produces legal effect even was done by the testator himself, Rosa's claim that the
with respect to the properties situated in the Philippines. holographic will in its original tenor should be given effect
must be denied. The said cancellation has revoked the
Q: Mario executed his last will and testament where he entire will as nothing remains of the will after the name of
acknowledges the child being conceived by his live-in Rosa was cancelled. Such cancellation is valid revocation of
partner Josie as his own child; and that his house and the will and does not require authentication by the full
lot in Baguio City be given to his unborn conceived signature of the testator to be effective. However, if the
child. Are the acknowledgment and the donation mortis cancellation of Rosa's name was not done by the testator
causa valid? Why? (2014 BAR) himself, such cancellation shall not be effective and the will
in its original tenor shall remain valid. The efficacy of a each other as sole heir of the other in case either of
holographic will cannot be left to the mercy of unscrupulous them dies. Unfortunately, Ric died a year later.
third parties. The writing of Gregorio‘s name as sole heir
was ineffective, even though written by the testator himself, Can Josie have the joint will successfully probated in the
because such is an alteration that requires the Philippines? (2011 BAR)
authentication by the full signature of the testator to be
valid and effective. Not having been authenticated. The (A) Yes, in the highest interest of comity of nations
designation of Gregorio as an heir was ineffective. (Kalaw v. and to honor the wishes of the deceased.
Relova, G.R. No. L-40207, 28 Sept. 1984) (B) No, since Philippine law prohibits the execution
of joint wills and such law is binding on Ric and
Q: John Sagun and Maria Carla Camua, British citizens Josie even abroad.
at birth, acquired Philippine citizenship by (C) Yes, since they executed their joint will out of
naturalization after their marriage. During their mutual love and care, values that the generally
marriage, the couple acquired substantial landholdings accepted principles of international law
in London and in Makati. Maria begot three (3) accepts.
children, Jorge, Luisito, and Joshur. In one of their trips (D) Yes, since it is valid in the country where it was
to London, the couple executed a joint will appointing executed, applying the principle of "lex loci
each other as their heirs and providing that upon the celebrationis."
death of the survivor between them, the entire estate
would go to Jorge and Luisito only but the two (2) could A: (B) No, since Philippine law prohibits the execution of
not dispose of nor divide the London estate as long as joint wills and such law is binding on Ric and Josie even
they live. John and Maria died tragically in the London abroad. (UPLC Suggested Answers)
subway terrorist attack in 2005. Jorge and Luisito filed
a petition for probate of their parents’ will before a Q: True or False.
Makati RTC. Joshur vehemently objected because he
was preterited. (2012, 2008, 2000 BAR) X, a widower, died leaving a will stating that the house
and lot where he lived cannot be partitioned for as long
(a) Should the will be admitted to probate? Explain. as the youngest of his four children desires to stay
there. As coheirs and co-owners, the other three may
A: NO, the will should not be admitted to probate since the demand partition anytime. (2010 BAR)
couple are both Filipino citizens. Arts. 818 and 819 of the
NCC shall apply. Said Articles prohibit the execution of joint A: FALSE. The other three co–heirs may not anytime
wills and make them void, even though authorized by the demand the partition of the house and lot since it was
laws of the country where they were executed. expressly provided by the decedent in his will that the same
cannot be partitioned while his youngest child desires to
(b) Are the testamentary dispositions valid? stay there. A decedent to prohibit, by will, the partition of a
Explain. property and his estate for a period not longer than 20 years
no matter what his reason maybe. (Art. 1083, NCC) Hence,
A: NO. Since the joint will is void, all the testamentary the three co-heir can demand its partition only after 20
dispositions written therein are also void. However, if the years from the death of their father. Even if the deceased
will is valid, the institutions of heirs shall be annulled parent did not leave a will, if the house and lot constituted
because Joshur was preterited. He was preterited because their family home, partition is prohibited for a period of ten
he will receive nothing from the will, will receive nothing by (10) years, or for as long as there is a minor beneficiary
intestacy, and the facts do not show that he received living in the family home. (Art. 159, FC)
anything as an advance on his inheritance. He was totally
excluded from the inheritance of his parents. Q: On 01 Dec. 2000, Dr. Juanito Fuentes executed a
holographic will, wherein he gave nothing to his
(c) Is the testamentary prohibition against the recognized illegitimate son, Jay. Dr. Fuentes left for the
division of the London estate valid? Explain. United States, passed the New York medical licensure
examinations, resided therein, and became a
A: Assuming the will of John and Maria is valid, the naturalized American citizen. He died in New York in
testamentary prohibition on the division of the London 2007. The laws of New York do not recognize
estate shall be valid but only for 20 years. A testamentary holographic wills or compulsory heirs. (2009 BAR)
disposition of the testator cannot forbid the partition of all
or part of his estate for a period longer than twenty (20) (a) Can the holographic will of Dr. Fuentes be
years. (Arts. 1083 & 494, NCC) admitted to probate in the Philippines? Why or
why not?
Q: Ric and Josie, Filipinos, have been sweethearts for 5
years. While working in a European country where the A: YES, the holographic will of Dr. Fuentes may be admitted
execution of joint wills are allowed, the two of them to probate in the Philippines because there is no public
executed a joint holographic will where they named policy violated by such probate. The only issue at probate is
the due execution of the will which includes the formal Q: Arthur executed a will which contained only: (i) a
validity of the will. As regards formal validity, the only issue provision disinheriting his daughter Bernica for
the court will resolve at probate is whether or not the will running off with a married man, and (ii) a provision
was executed in accordance with the form prescribed by the disposing of his share in the family house and lot in
law observed by the testator in the execution of his will. For favor of his other children Connie and Dora.
purposes of probate in the Philippines, an alien testator may
observe the law of the place where the will was executed He did not make any provisions in favor of his wife
(Art 17), or the formalities of the law of the place where he Erica, because as the will stated, she would anyway get
resides, or according to the formalities of the law of his own ½ of the house and lot as her conjugal share. The will
country, or in accordance with the Philippine Civil Code. was very brief and straight forward and both the above
(Art. 816) Since Dr. Fuentes executed his will in accordance provisions were contained in page 1, which Arthur and
with the Philippine law, the Philippine court shall apply the his instrumental witness, signed at the bottom. Page 2
NCC in determining the formal validity of the holographic contained the attestation clause and the signatures, at
will. The subsequent change in the citizenship of Dr. the bottom thereof, of the 3 instrumental witnesses
Fuentes did not affect the law governing the validity of his which included Lambert, the driver of Arthur; Yoly, the
will. Under the NCC, which was the law used by Dr. Fuentes, family cook, and Attorney Zorba, the lawyer who
the law enforced at the time of execution of the will shall prepared the will. There was a 3rd page, but this only
govern the formal validity of the will. (Art. 795) contained the notarial acknowledgement.
(b) Assuming that the will is probated in the The attestation clause stated the will was sighed on the
Philippines, can Jay validly insist that he be same occasion by Arthur and his instrumental
given his legitime? Why or why not? witnesses who all signed in the presence of each other,
and the notary public who notarized the will. There are
A: NO, Jay cannot insist because under New York law he is no marginal signatures or pagination appearing on any
not a compulsory heir entitled to a legitime. The national of the 3 pages. Upon his death, it was discovered that
law of the testator determines who his heirs are, the order apart from the house and lot, he has a P1 million
that they succeed, how much their successional rights are, account deposited with ABC back.
and whether or not a testamentary disposition in his will is
valid. (Art 16, NCC) Since, Dr. Fuentes was a US citizen, the What other defects of the will, if any, can cause denial of
laws of the New York determines who his heirs are. And probate? (2008 BAR)
since the New York law does not recognize the concept of
compulsory heirs, Jay is not a compulsory heir of Dr. A: The other defects of the will that can cause its denial are
Fuentes entitled to a legitime. as follows: (a) Atty. Zorba, the one who prepared the will
was one of the three witnesses, violating the three-
Q: Stevie was born blind. He went to school for the blind, witnesses rule; (b) no marginal signature at the last page;
and learned to read in Braille Language. He Speaks (c) the attestation did not state the number of pages upon
English fluently. Can he: (2008 BAR) which the will is written; and, (d) no pagination appearing
correctively in letters on the upper part of the three pages.
(a) Make a will? (Azuela v. Court of Appeals, G.R. No. 122880, 12 Apr. 2006;
Arts. 805 and 806)
A: YES. Assuming that he is of legal age (Art. 797, NCC) and
of sound mind at the time of execution of the will (Art. 798, Q: Clara, thinking of her mortality, drafted a will and
NCC), Stevie, a blind person, can make a notarial will, subject asked Roberta, Hannah, Luisa and Benjamin to be
to compliance with the “two-reading rule” (Art. 808, NCC) witnesses. During the day of signing of her will, Clara
and the provisions of Arts. 804 and 806 of the NCC. fell down the stairs and broke her arms. Coming from
the hospital, Clara insisted on signing her will by thumb
(b) Act as a witness to a will? mark and said that she can sign her full name later.
While the will was being signed, Roberta experienced a
A: NO, Stevie cannot be a witness to a will. Art. 820 of the stomachache and kept going to the restroom for long
NCC provides that “any person of sound mind and of age of periods of time. Hannah, while waiting for her turn to
eighteen years or more, and not blind, deaf or dumb, and sign the will, was reading the 7th Harry Potter book on
able to read and write, may be a witness to the execution of the couch, beside the table on which everyone was
a will.” signing. Benjamin, aside from witnessing the will, also
offered to notarize it. A week after, Clara was run over
(c) In either of the above instances, must the will by a drunk driver while crossing the street in Greenbelt.
be read to him?
May the will of Clara be admitted to probate? Give your
A: YES. The will must be read to him twice, once by one of reasons briefly. (2007, 1994 BAR)
the subscribing witnesses, and again, by the notary public
before whom the will is acknowledged. (Art. 808, NCC) A: NO, the probate should be denied. The requirement that
the testator and at least three witnesses must sign all in the
“presence” of one another was not complied with. Benjamin prohibits the execution of joint wills here and abroad, such
who notarized the will is disqualified as a witness, hence he prohibition applies only to Filipinos. Hence, the joint will
cannot be counted as one of the three witnesses. (Cruz v. which is valid where executed is valid in the Philippines but
Villasor, G.R. No. L-32213, 26 Nov. 1973) The testatrix and only with respect to Eleanor. It is void with respect to
the other witnesses signed the will not in the presence of Manuel whose joint will remains void in the Philippines
Roberta because she was in the restroom for extended despite being valid where executed. (Art. 819, NCC)
periods of time. Inside the restroom, Roberta could not have
possibly seen the testatrix and the other witnesses sign the Q: Johnny, with no known living relatives, executed a
will by merely casting her eyes in the proper direction. notarial will giving all his estate to his sweetheart. One
(Jaboneta v. Gustilo, G.R. No. 1641, 19 Jan. 1906; Nera v. day, he had a serious altercation with his sweetheart. A
Rimando, G.R. No. L-5971, 27 Feb. 1911) Therefore, the few days later, he was introduced to a charming lady
testatrix signed the will in the presence of only two who later became a dear friend. Soon after, he executed
witnesses, and only two witnesses signed the will in the a holographic will expressly revoking the notarial will
presence of the testatrix and of one another. and so designating his new friend as sole heir. One day
when he was clearing up his desk, Johnny mistakenly
It is to be noted, however, that the thumb mark intended by burned, along with other papers, the only copy of his
the testator to be his signature in executing his last will and holographic will. His business associate, Eduardo knew
testament is valid. (Payad v. Tolentino, G.R. No. 42258, 05 well the contents of the will which was shown to him by
Sept. 1936; Matias v. Salud, G.R. No. L-10751, 23 June 1958) Johnny the day it was executed. A few days after the
The problem, however, states that Clara “said that she can burning incident, Johnny died. Both wills were sought
sign her full name later;” Hence, she did not consider her to be probated in two separate petitions.
thumb mark as her “complete” signature, and intended
further action on her part. The testatrix and the other Will either or both petitions prosper? (1997 BAR)
witness signed the will in the presence of Hannah, because
she was aware of her function and role as witness and was A: The probate of the notarial will shall prosper. The
in a position to see the testatrix and the other witnesses sign holographic will cannot be admitted to probate because a
by merely casting her eyes in the proper direction. holographic will can only be probated upon evidence of the
will itself unless there is a photographic copy. But since the
Q: Mr. Reyes executed a will completely valid as to form. holographic will was lost and there was no other copy, it
A week later, however, he executed another will which cannot be probated. Therefore, the notarial will shall be
expressly revoked his first will, which he tore his first admitted to probate because there is no revoking will.
will to pieces. Upon the death of Mr. Reyes, his second
will was presented for probate by his heirs, but it was In the case of Gan vs. Yap (G.R. No. L-12190, 30 Aug. 1958),
denied probate due to formal defects. the execution and the contents of a lost or destroyed
holographic will may not be proved by the bare testimony
Assuming that a copy of the first will is available, may it of witnesses who have seen or read such will. The will itself
now be admitted to probate and given effect? Why? must be presented otherwise it shall produce no effect. The
(2003 BAR) law regards the document itself as material proof of
authenticity.
A: YES, the first will may be admitted to probate and given
effect. When the testator tore first will, he was under the Q: Alfonso, a bachelor without any descendant or
mistaken belief that the second will was perfectly valid and ascendant, wrote a last will and testament in which he
he would not have destroyed the first will had he known devised." all the properties of which I may be possessed
that the second will is not valid. The revocation by at the time of my death" to his favorite brother Manuel.
destruction therefore is dependent on the validity of the At the time he wrote the will, he owned only one parcel
second will. Since it turned out that the second will was of land. But by the time he died, he owned twenty
invalid, the tearing of the first will did not produce the effect parcels of land. His other brothers and sisters insist
of revocation. This is known as the doctrine of dependent that his will should pass only the parcel of land he
relative revocation. (Molo v. Molo, G.R. No. L-2538, 21 Sept. owned at the time it was written, and did not cover his
1951) properties acquired, which should be by intestate
succession. Manuel claims otherwise.
Q: Manuel, a Filipino, and his American wife Eleanor,
executed a Joint Will in Boston, Massachusetts when Who is correct? Explain. (1996 BAR)
they were residing in said city. The law of
Massachusetts allows the execution of joint wills. A: Manuel is correct because property acquired after the
Shortly thereafter, Eleanor died. Can the said Will be making of a will shall only pass thereby, as if the testator
probated in the Philippines for the settlement of her had possessed it at the time of making the will, should it
estate? (2000 BAR) expressly appear by the will that such was his intention.
(Art. 793, NCC) Since Alfonso's intention to devise all
A: YES, the will may be probated in the Philippines insofar properties he owned at the time of his death expressly
as the estate of Eleanor is concerned. While the NCC appears on the will, then all the 20 parcels of land are
included in the devise. Hence, the trial court may consider the intrinsic validity of
the provisions of said will. (Nuguid v. Nuguid, G.R. No. L-
Q: If a will is executed by a testator who is a Filipino 23445, 23 June 1966; Nepomuceno v. Court of Appeals, G.R. L-
citizen, what law will govern if the will is executed in the 62952, 09 Oct. 1985)
Philippines? What law will govern if the will is executed
in another country? Explain your answers. REVOCATION OF WILLS
(2018, 2012, 2003, 1997 BAR)
If a will is executed by a foreigner, for instance, a
Japanese, residing in the Philippines, what law will Q: Sydney, during her lifetime, was a successful lawyer.
govern if the will is executed in the Philippines? And By her own choice, she remained unmarried and
what law will govern if the will is executed in Japan, or devoted all her time to taking care of her nephew and
some other country, for instance, the U.S.A.? Explain two (2) nieces: Socrates, Saffinia, and Sophia. She wrote
your answers. (1990 BAR) a will giving all her properties remaining upon her
death to the three (3) of them. The will was admitted to
A: If the testator who is a Filipino citizen executes his will in probate during her lifetime. Later, she decided to make
the Philippines, Philippine law will govern the formalities. If a new will giving all her remaining properties only to
said Filipino testator executes his will in another country, the two (2) girls, Saffinia and Sophia. She then tore up
the law of the country where he maybe or Philippine law the previously probated will. The second will was
will govern the formalities. (Art. 815, NCC) presented for probate only after her death. However,
the probate court found the second will to be void for
Q: H died leaving a last will and testament wherein it is failure to comply with formal requirements. (2018
stated that he was legally married to W by whom he had BAR)
two legitimate children A and B. H devised to his said
forced heirs the entire estate except the free portion (a) Will the doctrine of dependent relative
which he gave to X who was living with him at the time revocation apply?
of his death. In said will, he explained that he had been
estranged from his wife W for more than 20 years and A: NO, the said doctrine will not apply. In the case of Molo v.
he has been living with X as man and wife since his Molo (G.R. No. L-2538, 21 Sept. 1951), the court stated that
separation from his legitimate family. In the probate the doctrine of relative revocation is a rule where
proceedings, X asked for the issuance of letters revocation of the old will is a suspensive condition or
testamentary in accordance with the will wherein she depends upon the efficacy of the new disposition, and if the
is named sole executor. This was opposed by W and her new will intended as a substitute is inoperative, the
children. (1990 BAR) revocation fails and the original will remains in force. This
was applied based on the fact that the original will appears
(a) Should the will be admitted in said probate to be lost; hence, the second will was executed with a
proceedings? revocatory clause, but in both instances, the wife was
instituted as the universal heir. In this case, however, the
A: YES, the will may be probated if executed according to revocation of the original was not through the execution of
the formalities prescribed by law. a subsequent will with a revocatory clause, but through
destruction with intent to do so. It does not appear either
(b) Is the said devise to X valid? that the revocation of the old will operates as a suspensive
condition to the efficacy of the subsequent will, because the
A: NO, the institution giving X the free portion is not valid, testator revoked the 1st original will, as she does not wish
because the prohibitions under Art. 739 of the NCC on to institute the same heirs, unlike in Molo v. Molo where the
donations also apply to testamentary dispositions (Art. wife was the heir in both wills.
1028, NCC), among donations which are considered void are
those made between persons who were guilty of adultery or ALTERNATIVE ANSWER:
concubinage at the time of the donation.
YES. The doctrine of revocation will apply. In Diaz v. De Leon
(c) Was it proper for the trial court to consider the (G.R. No. L-17714, May 31, 1922), it was ruled that there was
intrinsic validity of the provisions of said will? no revocation either by subsequent will (for same was
Explain your answers. invalid) or an overt act (since the act of destruction or
tearing the first will was prompted by the false belief that
A: As a general rule, the will should be admitted in probate the second will had been validly executed). In this case, it is
proceedings if all the necessary requirements for its presumed that Sydney never intended to die intestate. Thus,
extrinsic validity have been met and the court should not the revocation of the first will depended on the finding of
consider the intrinsic validity of the provisions of said will. validity of the 2nd will. The latter being found invalid, 1st
However, the exception arises when the will in effect will stands.
contains only one testamentary disposition. In effect, the
only testamentary disposition under the will is the giving of
the free portion to X, since legitimes are provided by law.
(b)Will your answer be the same if the second will 2. INSTITUTION OF HEIRS
was found to be valid but both Saffinia and
Sophia renounced their inheritance? Q: Distinguish between modal institution and
substitution of heirs. (2002 BAR)
A: YES, my answer will be the same. The doctrine of
dependent relative revocation does not apply where the A: A modal institution is the institution of an heir made for
new will is rendered ineffective due to the renunciation of a certain purpose or cause. (Arts. 871 & 882, NCC)
the heirs instituted therein. Renunciation has nothing to do Substitution is the appointment of another heir so that he
with the validity of the will, but only pertains to whether or may enter into the inheritance in default of the heir
not the heirs accept their share in the inheritance. Since the originality instituted. (Art. 857, NCC)
new will is still valid, the doctrine does not apply. (Art. 832,
NCC) PRETERITION
A: YES. The first will may be admitted to probate and given (a) Upon his death, how should Mr. Cruz's estate be
effect because the will that was supposed to revoke the divided? Explain.
same was never admitted to probate on account of formal
defects. Admission to probate of the subsequent revoking A: Assuming that the institution of A, B and F were to the
will is one of the requisites for express revocation to take entire estate, there was preterition of C since C is a
place. compulsory heir in the direct line. The preterition will result
in the total annulment of the institution of heirs. Therefore,
the institution of A, B and F will be set aside and Mr. Cruz’s
estate will be divided, as in intestacy, equally among A, B
and C as follows: A - P333,333.33; B - P333.333.33; and C -
P333,333.33. has already received in full his legitime and he will not
receive anything anymore from the decedent. The
(b) In the preceding question, suppose Mr. Cruz remaining P900,000, therefore, shall go to the four younger
instituted his two children A and B as his heirs children by institution in the will, to be divided equally
in his Will, but gave a legacy of P 100,000.00 to among them. Each will receive P225,000.
his friend F. How should the estate of Mr. Cruz
be divided upon his death? Explain. 3. SUBSTITUTION OF HEIRS
A: On the same assumption as letter (a), there was Q: Distinguish between simple and fideicommissary
preterition of C. Therefore, the institution of A and B is substitution of heirs. (2002 BAR)
annulled but the legacy of P100.000.00 to F shall be
respected for not being inofficious. Therefore, the A: In a simple substitution of heirs, the testator designates
remainder of P900.000.00 will be divided equally among A, one or more persons to substitute the heirs instituted in
B, and C. case such heir or heirs should die before him or should not
wish or should be incapacitated to accept the inheritance.
Q: By virtue of a Codicil appended to his will, Theodore
devised to Divino a tract of sugar land, with the In a fideicommissary substitution, the testator institutes a
obligation on the part of Divino or his heirs to deliver to first heir and charges him to preserve and transmit the
Betina a specified volume of sugar per harvest during whole or part of the inheritance to a second heir. In a simple
Betina’s lifetime. It is also stated in the Codicil that in substitution, only one heir inherits. In a fideicommissary
the event the obligation is not fulfilled, Betina should substitution, both the first and second heirs inherit. (Art.
immediately seize the property from Divino or latter’s 859 & 869, NCC)
heirs and turn it over to Theodore’s compulsory heirs.
Divino failed to fulfill the obligation under the Codicil. Q: M. single, named his sister N in his will, as a devisce
Betina brings suit against Divino for the reversion of over a certain parcel of land that he owned, with the
the tract of land. obligation of preserving the land and transferring it,
upon N’s death, to her illegitimate daughter O. who was
Does Betina have a cause of action against Divino? then only a year old.
Explain. (2002 BAR)
Is the condition imposed on N to preserve the land and
A: YES, Betina has a cause of action against Divino. This is a to transmit it upon her death to a valid case of
case of a testamentary disposition subject to a mode and the fideicommissary substitution? Explain. (2019 BAR)
will itself provides for the consequence if the mode is not
complied with. To enforce the mode, the will itself gives A: YES, this is a valid case of fideicommissary substitution.
Betina the right to compel the return of the property to the Art. 863 of the NCC provides that a fideicommissary
heirs of Theodore. (Rabadilla v. Conscoluella, G.R. No. substitution by virtue of which the fiduciary or first heir
113725, 29 June 2000) instituted is entrusted with the obligation to preserve and
to transmit to a second heir the whole or part of the
Q: Because her eldest son Juan had been pestering her inheritance, shall be valid and shall take effect, provided
for capital to start a business, Josefa gave him P100,000. such substitution does not go beyond one degree from the
Five years later, Josefa died, leaving a last will and heir originally instituted. First, there is the absolute
testament in which she instituted only her four younger obligation imposed upon the fiduciary N to preserve and to
children as her sole heirs. At the time of her death, her transmit to the fideicommissary the part of the inheritance.
only properly left was P900,000.00 in a bank. Juan Second, O, the fideicommissary, as the fiduciary’s
opposed the will on the ground of preterition. illegitimate daughter is one degree from the fiduciary.
Furthermore, O’s illegitimate status is of no moment,
How should Josefa's estate be divided among her heirs? because Art. 863, referring to the “heir” does not distinguish
State briefly the reason(s) for your answer. (2001 BAR) between legitimate from illegitimate relationships. (UPLC
Suggested Answers)
A: There was no preterition of the oldest son because the
testatrix donated P100,000 to him. This donation is Q: Raymond, single, named his sister Ruffa in his will as
considered an advance on the son's inheritance. There a devisee of a parcel of land which he owned. The will
being no preterition, the institutions in the will shall be imposed upon Ruffa the obligation of preserving the
respected but the legitime of the oldest son has to be land and transferring it, upon her death, to her
completed if he received less. After collating the donation of illegitimate daughter Scarlet who was then only one
P100,000 to the remaining property of P900,000, the estate year old. Raymond later died, leaving behind his
of the testatrix is P1,000,000. Of this amount, one-half or widowed mother, Ruffa and Scarlet. (2008 BAR)
P500,000, is the legitime of the legitimate children and it
follows that the legitime of one legitimate child is P100,000. (a) Is the condition imposed upon Ruffa, to
The legitime, therefore, of the oldest son is P100,000. preserve the property and to transmit it upon
However, since the donation given him was P100,000, he her death to Scarlet, valid?
A: When an obligation to preserve and transmit the and his half-sister Michelle. (2006 BAR)
property to Scarlet was imposed on Ruffa, the testator
Raymond intended to create a fideicommissary substitution (a) Was Don's testamentary disposition of his
where Ruffa is the fiduciary and Scarlet is the estate in accordance with the law on
fideicommissary. Having complied with the requirements of succession? Whether you agree or not, explain
Arts. 863 and 869, NCC, the fideicommissary substitution is your answer. Explain.
valid.
A: YES, Don's testamentary disposition of his estate is in
(b) If Scarlet predeceases Ruffa, who inherits the accordance with the law on succession. Don has no
property? compulsory heirs not having ascendants, descendants nor a
spouse. (Art. 887, NCC) Brothers and sisters are not
A: If Scarlet predeceases Ruffa, the fideicommissary compulsory heirs. Thus, he can bequeath his entire estate to
substitution is rendered null or ineffective under Art. 863, anyone who is not otherwise incapacitated to inherit from
the fideicommissary clause is disregarded without prejudice him. A common-law wife is not incapacitated under the law,
to the validity of the institution of the fiduciary. In such case, as Don is not married to anyone.
Ruffa shall inherit the devise free from the condition.
(b) If Don failed to execute a will during his
(c) If Ruffa predeceases Raymond, can Scarlet lifetime, as his lawyer, how will you distribute
inherit the property directly from Raymond? his estate? Explain.
A: In a fideicommissary substitution, the intention of the A: After paying the legal obligations of the estate, I will give
testator is to make the second heir his ultimate heir. The Ronie, as full-blood brother of Don, 2/3 of the net estate,
right of the second heir is simply postponed by the delivery twice the share of Michelle, the half-sister who shall receive
of the inheritance to the first heir for him to enjoy the 1/3. Roshelle will not receive anything as she is not a legal
usufruct over the inheritance. Hence, when the first heir heir. (Art. 1006, NCC)
predeceased the testator, the first heir did not qualify to
inherit and the right of the second heir to receive the Q: What do you understand by "presumptive legitime",
inheritance will no longer be delayed provided the second in what case or cases must the parent deliver such
heir is qualified to inherit at the time of the testator’s death. legitime to the children, and what are the legal effects
In fideicommissary substitution, the first and the second in each case if the parent fails to do so? (1999 BAR)
heirs inherit from the testator, hence, both should be
qualified to inherit from the testator at the time of his death. A: Presumptive legitime is not defined in the law. Its
In the problem, when Ruffa predeceased Raymond, she did definition must have been taken from Act 2710, the Old
not qualify to receive the inheritance to enjoy its usufruct, Divorce Law, which required the delivery to the legitimate
hence, the right of Scarlet to receive the inheritance upon children of “the equivalent of what would have been due to
the death of the testator will no longer be delayed. However, them as their legal portion if said spouse had died intestate
Scarlet is not qualified to inherit from Raymond because she immediately after the dissolution of the community of
is barred by Art. 992 of the NCC being an illegitimate child property.” As used in the Family Code, presumptive legitime
of Raymond’s legitimate father. The devise will therefore be is understood as the equivalent of the legitimate children’s
ineffective, and the property will be disposed of by legitimes assuming that the spouses have died immediately
intestacy. after the dissolution of the community of property.
A: NO, it is not a proper ground to disinherit. Art. 916 of the Q: In 1986, Jennifer and Brad were madly in love. In
NCC provides that disinheritance can be effected only 1989, because a certain Picasso painting reminded
through a will wherein the legal cause therefor shall be Brad of her, Jennifer acquired it and placed it in his
specified. Art. 919 of NCC provides that the following shall bedroom. In 1990, Brad and Jennifer broke up. While
be sufficient causes for the disinheritance of children and Brad was mending his broken heart, he met Angie and
descendants, legitimate as well as illegitimate. That Z once fell in love. Because the Picasso painting reminded
filed a civil case against him in order to collect a particular Angie of him, Brad, in his will, bequeathed the painting
sum of money he previously owed is not one of the grounds to Angie. Brad died in 1995. Saddened by Brad's death,
for a valid disinheritance. Jennifer asked for the Picasso painting as a
remembrance of him. Angie refused and claimed that
(b) Assuming that the disinheritance of Z was Brad, in his will, bequeathed the painting to her.
improper, how will it affect the institution of
heirs and testamentary dispositions made in Is Angie correct? Why or why not? (2007 BAR)
II’s will? Explain.
A: NO, Angie is not correct. The Picasso painting is not given
A: Art. 918 of the NCC provides that disinheritance for a or donated by Jennifer to Brad. She merely “placed it in his
cause which is not one of those set forth in this Code, shall bedroom.” Hence, she is still the owner of the painting. Not
annul the institution of heirs insofar as it may prejudice the being the owner of the Picasso painting, Brad cannot validly
person disinherited; but the devises and legacies and other bequeath the same to Angie. (Art. 930, NCC) Even assuming
testamentary dispositions shall be valid to such extent as that the painting was impliedly given or donated by Jennifer
will not impair the legitime. (UPLC Suggested Answers) to Brad, the donation is nevertheless void for not being in
writing. The Picasso painting must be worth more than
Q: Arthur executed a will which contained only: (i) a 5,000 pesos. Under Art. 748 of the NCC, the donation and
provision disinheriting his daughter Bernica for acceptance of a movable worth more than 5,000 pesos must
running off with a married man, and (ii) a provision be in writing, otherwise the donation is void. Jennifer
disposing of his share in the family house and lot in remained the owner of the Picasso painting and Brad could
favor of his other children Connie and Dora. not have validly disposed of said painting in favor of Angie
in his will.
He did not make any provisions in favor of his wife
Erica, because as the will stated, she would anyway get
½ of the house and lot as her conjugal share. The will
C. LEGAL AND INTESTATE SUCCESSION
was very brief and straight forward and both the above
(2016, 2015, 2014, 2012, 2010, 2009, 2008, 2007,
provisions were contained in page 1, which Arthur and
2004, 2003, 2000, 1999, 1998, 1997, 1996, 1995, 1993,
his instrumental witness, signed at the bottom. Page 2
1992 BAR)
contained the attestation clause and the signatures, at
the bottom thereof, of the 3 instrumental witnesses
which included Lambert, the driver of Arthur; Yoly, the
family cook, and Attorney Zorba, the lawyer who 1. GENERAL PROVISIONS; RELATIONSHIP
prepared the will. There was a third page, but this only AND RIGHT OF REPRESENTATION
contained the notarial acknowledgement.
RIGHT OF REPRESENTATION
The attestation clause stated the will was sighed on the
same occasion by Arthur and his instrumental Q: Ricky and Arlene are married. They begot Franco
witnesses who all signed in the presence of each other, during their marriage. Franco had an illicit relationship
and the notary public who notarized the will. There are with Audrey and out of which, they begot Arnel. Franco
no marginal signatures or pagination appearing on any predeceased Ricky, Arlene and Arnel. Before Ricky
of the 3 pages. Upon his death, it was discovered that died, he executed a will which when submitted to
apart from the house and lot, he has a P1 million probate was opposed by Arnel on the ground that he
account deposited with ABC back. should be given the share of his father, Franco.
Was the disinheritance valid? (2008 BAR) Is the opposition of Arnel correct? Why? (2012 BAR)
A: YES, the disinheritance was valid. When a child or A: NO, his opposition is not correct. Arnel cannot inherit
descendant leads a dishonorable or disgraceful life, like from Ricky in representation of his father, Franco. The
running off with a married man, there is sufficient cause for representative must not only be a legal heir of the person he
disinheritance. (Art. 919(7), NCC) is representing but he must also be a legal heir of the
decedent he seeks to inherit from.
Ricky because an illegitimate child has no right to inherit ab much should each receive? Explain. (2019 BAR)
intestato from the legitimate children and relatives of his
father or mother. (Art. 992, NCC) Arnel is disqualified to A: D’s heirs entitled to inherit from him are:
Inherit from Ricky because Arnel is an illegitimate child of
Franco and Ricky is a legitimate relative of Franco. M (his mother) – P50,000 and T and S (his twin sons) –
P25,000 each.
IRON CURTAIN RULE
D died intestate and his heirs are the mother (legitimate
Q: Don Ricardo had 2 legitimate children, Tomas and ascendant) and his twin sons (illegitimate). The mother gets
Tristan. Tristan has 3 children. Meanwhile, Tomas had one-half of his estate and his two illegitimate sons get the
a relationship with Nancy, who was also single and had other half. (Art. 991, NCC)
the legal capacity to marry. Nancy became pregnant and
gave birth to Tomas, Jr. After the birth of Tomas, Jr., his W, the common-law wife, is not an heir ab intestato because
father, Tomas, died. Later, Don Ricardo died without a she is not a legal spouse. She is merely a partner in a non-
will and Tristan opposed the motion of Tomas, Jr. to be marital union.
declared an heir of the deceased since he is an
illegitimate child. Tomas, Jr. countered that Art. 992 of Q: Bert and Joe, both male and single, lived together as
the NCC is unconstitutional for violation of the equal common law spouses and agreed to raise a son of Bert's
protection of the laws. He explained that an illegitimate living brother as their child without legally adopting
child of an illegitimate parent is allowed to inherit him. Bert worked while Joe took care of their home and
under Arts. 902, 982, and 990 of the NCC while he, an the boy. In their 20 years of cohabitation they were able
illegitimate child of a legitimate father, cannot. Civil to acquire real estate assets registered in their names
Law commentator Arturo Tolentino opined that Art. as co-owners. Unfortunately, Bert died of cardiac
992 created an absurdity and committed an injustice arrest, leaving no will. Bert was survived by his
because while the illegitimate descendant of an biological siblings, Joe, and the boy.
illegitimate child can represent, the illegitimate
descendant of a legitimate child cannot. What are the successional rights of the boy Bert and Joe
raised as their son? (2015 BAR)
Decide the case and explain. (2016 BAR)
A: Neither of the two will inherit from Bert. Joe cannot
A: I will deny the motion of Tomas, Jr. to be declared as an inherit because the law does not recognize the right of a
heir of the deceased. Tomas Jr., being an illegitimate child of stranger to inherit from the decedent in the absence of a
the deceased legitimate son, Tomas, cannot inherit ab will. Their cohabitation will not vest Joe with the right to
intestate from the deceased, Don Ricardo, because of the inherit from Bert. The child will likewise not inherit from
iron curtain rule under Art. 992 of the NCC. Tomas cannot Bert because of the lack of formal adoption of the child. A
argue that Art. 992 is violative of the equal protection clause mere ward or “ampon” has no right to inherit from the
because equal protection simply requires that all persons or adopting parents. (Manuel v. Ferrer, G.R. No. 117246, 21 Aug.
things similarly situated should be treated alike, both as to 1995)
rights conferred and responsibilities imposed. (Ichong v.
Hernandez, G.R. No. L-7995, 31 May 1957) It, however, does Q: The spouses Peter and Paula had three (3) children.
not require the universal application of the laws to all Paula later obtained a judgment of nullity of marriage.
persons or things without distinction. What it simply Their absolute community of property having been
requires is equality among equals as determined according dissolved, they delivered P1 million to each of their 3
to a valid classification. Indeed, the equal protection clause children as their presumptive legitimes. Peter later re-
permits classification. married and had two (2) children by his second wife
Marie. Peter and Marie, having successfully engaged in
2. ORDER OF INTESTATE SUCCESSION business, acquired real properties. Peter later died
intestate. (2010 BAR)
Q: D, an Overseas Filipino Worker, was on his way home
to the Philippines after working for so many years in (a) Who are Peter’s legal heirs and how will his
the Middle East. He had saved ₱100,000.00 in his local estate be divided among them?
savings account which he intended to use to start up a
business in his home country. On his flight home, A: The legal heirs of Peter are his children by the first and
tragedy struck as a suicide bomber blew up the plane. second marriages and his surviving second wife.
All the passengers, including D, died. He left behind his
widowed mother M; his common-law wife, W, who is the Their shares in the estate of Peter will depend, however, on
mother of his twin sons, T and S; and his brother, B. He the cause of the nullity of the first marriage. If the nullity of
left no will, no debts, no other relatives, and no other the first marriage was psychological incapacity of one or
properties except the money in his savings account. both spouses, the three children of that void marriage are
legitimate and all of the legal heirs shall share the estate of
Who are the heirs entitled to inherit from D and how Peter in equal shares. If the judgment of nullity was for
other causes, the three children are illegitimate and the sons. He left no will, no debts, no other relatives and no
estate shall be distributed such that an illegitimate child of other properties except the money in his savings
the first marriage shall receive half of the share of a account. Who are the heirs entitled to inherit from him
legitimate child of the second marriage, and the second wife and how much should each receive? (2008 BAR)
will inherit a share equal to that of a legitimate child. In no
case may the two legitimate children of the second marriage A: The mother and twin sons are entitled to inherit from
receive a share less than one-half of the estate which is their Ernesto. If legitimate ascendants are left, the twin sons shall
legitime. When the estate is not sufficient to pay all the divide the inheritance with them taking one-half of the
legitimes of the compulsory heirs, the legitime of the spouse estate. (Art. 991, NCC) Thus, the widowed mother gets
is preferred and the illegitimate children suffer the P50,000.00 while the twin sons shall receive P25,000.00
reduction. each. The common-law wife cannot inherit from him
because when the law speaks “widow or widower” as a
Computation: compulsory heir, the law refers to a legitimate spouse. (Art.
887(3), NCC)
(A) If the ground of nullity is psychological incapacity:
Q: Ramon Mayaman died intestate, leaving a net estate
3 children by first 1/6 of the estate of P10,000,000.00. Determine how much each heir will
marriage for each receive from the estate: (2008 BAR)
2 children by second 1/6 of the estate
marriage for each (a) If Ramon is survived by his wife, three full-
Surviving second spouse 1/6 of the estate blood brothers, two half-brothers, and one
nephew (the son of a deceased full-blood
(B) If the ground of nullity is not psychological capacity: brother)? Explain.
2 legitimate 1/4 of the estate for each A: Having died intestate, the estate of Ramon shall be
children of second marriage inherited by his wife and his full and half-blood siblings or
Surviving second 1/4 of the estate their respective representatives. In intestacy, if the wife
spouse concurs with no one but the siblings of the husband, all of
3 illegitimate 1/12 of estate for each of first them are the intestate heirs of the deceased husband. The
children marriage wife will receive half of the intestate estate, while the
siblings or their respective representatives, will inherit the
NOTE: The legitime of an illegitimate child is supposed to other half to be divided among them equally. If some
be 1/2 the legitime of a legitimate child or 1/8 of the estate. siblings are of the full-blood and the other of the half blood,
But the estate will not be sufficient to pay the said legitime a half blood sibling will receive half the share of a full-blood
of the 3 illegitimate children, because only 1/4 of the estate sibling.
is left after paying the legitime of the surviving spouse
which is preferred. 1) The wife of Ramon will, therefore, receive one half
(1/2) of the estate or the amount of P5,000,000.00.
Hence, the remaining 1/4 of the estate shall be divided 2) The three (3) full-blood brothers, will, therefore,
among the 3 illegitimate children. receive P1,000,000.00 each.
3) The nephew will receive P1,000,000.00 by right of
(b) What is the effect of the receipt by Peter’s 3 representation.
children by his first marriage of their 4) The two (2) half-brothers will receive P500,000.00
presumptive legitimes on their right to inherit each.
following Peter’s death?
(b) If Ramon is survived by his wife, a half- sister,
A: In the distribution of Peter’s estate, 1/2 of the and three nephews (sons of a deceased full-
presumptive legitime received by the 3 children of the first blood brother)? Explain.
marriage shall be collated to Peter’s estate and shall be
imputed as an advance of their respective inheritance from A: The wife will receive one half (1/2) of the estate or
Peter. Only half of the presumptive legitime is collated to the P5,000,000.00. The other half shall be inherited by (1) the
estate of Peter because the other half shall be collated to the full-blood brother, represented by his three children, and
estate of his first wife. (2) the half-sister. They will divide the other half between
them such that the share of the half-sister is just half the
Q: Ernesto, an overseas Filipino worker, was coming share of the full-blood brother. The share of the full-blood
home to the Philippines after working for so many brother shall in turn be inherited by the three nephews in
years in the Middle East. He has saved P100,000 in his equal shares by right of representation.
savings account in Manila which intended to use to start
a business in his home country. On his flight home, Therefore, the three (3) nephews will receive
Ernesto has a fatal heart attack. He left behind his P1,111,111.10 each the half- sister will receive the sum of
widowed mother, his common-law wife and their twin P1,666,666.60.
Q: F had three (3) legitimate children: A, B, and C. B has A: The following may inherit from Ramon:
one (1) legitimate child X. C has two (2) legitimate
children: Y and Z. F and A rode together in a car and 1. Michelle, as an adopted child of Ramon, will inherit
perished together at the same time in a vehicular as a legitimate child of Ramon. As an adopted child,
accident, F and A died, each of them leaving substantial Michelle has all the rights of a legitimate child. (Sec
estates in intestacy. (2008, 1998 BAR) 18, Domestic Adoption Law)
(a) Who are the intestate heirs of F? What are their 2. Lia will inherit in representation of Anna. Although
respective fractional shares? Lia is an illegitimate child, she is not barred by Art.
992, NCC because her mother Anna is an
A: B = 1/2 ; C= 1/2 illegitimate herself. She will represent Anna as
regards Anna's legitime under Art. 902, NCC and as
(b) Who are the intestate heirs of A? What are their regards Anna's intestate share under Art. 990, NCC.
respective fractional shares?
The following may not inherit from Ramon:
A: Under Art. 1005, NCC, should brothers and sisters
survive together with nephews and nieces, who are the 1. Shelly, being an adopted child, she cannot
children of the decedent’s brothers and sisters of the full represent Cherry. This is because adoption creates
blood, the former shall inherit per capita, and the latter per a personal legal relation only between the adopter
stripes. B and C should inherit both ½ of the whole estate. and the adopted. The law on representation
requires the representative to be a legal heir of the
(c) If B and C both predeceased F, who are F’s person he is representing and also of the person
intestate heirs? What are their respective from whom the person being represented was
fractional shares? Do they inherit in their own supposed to inherit. While Shelly is a legal heir of
right or by representation? Explain your Cherry, Shelly is not a legal heir of Ramon. Adoption
answer. created a purely personal legal relation only
between Cherry and Shelly.
A: Under Art. 982, NCC, the grandchildren and other
descendants shall inherit by right of representation, and if 2. Hans and Gretel are barred from inheriting from
any one of them should have died, leaving several heirs, the Ramon under Art. 992, NCC. Being illegitimate
portion pertaining to him shall be divided among the latter children, they cannot inherit ab intestato from
in equal portions. X should inherit 1/2 share by Ramon.
representation of B. Y and Z should inherit 1/4 share each
by representation of C. ALTERNATIVE ANSWER:
(d) If B and C both repudiated their shares in the The problem expressly mentioned the dates of the adoption
estate of F who are F's intestate heirs? What are of Cherry and Michelle as 1971 and 1972. During that time,
their respective fractional shares? Do they adoption was governed by the New Civil Code. Under the
inherit in their own right or by representation? New Civil Code, husband and wife were allowed to adopt
Explain your answer. separately or not jointly with the other spouse. And since
the problem does not specifically and categorically state, it
A: X inherits 1/3 in his own right; Y inherits 1/3 in his own is possible to construe the use of the word "respectively" in
right; Z inherits 1/3 in his own right; Art. 977 provides that the problem as indicative of the situation that Cherry was
heirs who repudiate their share cannot be represented. adopted by Ramon alone and Michelle was adopted by
Dessa alone.
Q: For purpose of this question, assume all formalities
and procedural requirements have been complied In such case of separate adoption the alternative answer to
with. In 1970, Ramon and Dessa got married. Prior to the problem will be as follows: Only Lia will inherit from
their marriage, Ramon had a child, Anna. In 1971 and Ramon in representation of Ramon's illegitimate daughter
1972, Ramon and Dessa legally adopted Cherry and Anna. Although Lia is an illegitimate child, she is not barred
Michelle respectively. In 1973, Dessa died while giving from inheriting from Ramon because her mother is herself
birth to Larry Anna had a child, Lia. Anna never illegitimate. Shelly cannot inherit in representation of
married. Cherry, on the other hand, legally adopted Cherry because Shelly is just an adopted child of Cherry.
Shelly. Larry had twins, Hans and Gretel, with his
girlfriend, Fiona. In 2005, Anna, Larry and Cherry died In representation, the representative must not only be a
in a car accident. In 2007, Ramon died. legal heir of the person he is representing but also of the
decedent from whom the represented person is supposed
Who may inherit from Ramon and who may not? Give to inherit. In the case of Shelly, while she is a legal heir of
your reason briefly. (2007 BAR) Cherry by virtue of adoption, she is not a legal heir of
Ramon.
Adoption creates a personal legal relation only between the A Legitimate child P200,000
adopting parent and the adopted child. (Teotico v. Del Val, (LC)
G.R. No. L-18753, 26 Mar. 1965) Michelle cannot inherit from B Legitimate child P200,000
Ramon, because she was adopted not by Ramon but by C Legitimate child P200,000
Dessa. In the eyes of the law, she is not related to Ramon at D Legitimate child P0 (predeceased)
all. Hence, she is not a legal heir of Ramon. Hans and Gretel E Legitimate child P100,000 (by right of
are not entitled to inherit from Ramon, because they are of D representation)
barred by Art. 992 NCC. Being illegitimate children of Larry, F Legitimate child P100,000 (by right of
they cannot inherit from the legitimate relatives of their of D representation)
father Larry. Ramon is a legitimate relative of Larry who is G Illegitimate child P100,000 (1/2 share of the LC)
the legitimate father. (UPLC Suggested Answers) H Illegitimate child P100,000 (1/2 share of the LC)
W Widow P200,000 (same share as LC)
Q: Don died after executing a Last Will and Testament
leaving his estate valued at P12 Million to his common- Q: Luis was survived by two legitimate children, two
law wife Roshelle. He is survived by his brother Ronie
illegitimate children, his parents, and two brothers. He
and his half-sister Michelle. (2006 BAR)
left an estate of P1 million. Luis died intestate.
help came but she also died on the way to the hospital. initio on the following grounds: (a) they had not given
The couple acquired properties worth One Million their consent to the marriage of their son; (b) there was
(P1,000,000.00) Pesos during their marriage, which no marriage license; (c) the solemnizing officer had no
are being claimed by the parents of both spouses in authority to perform the marriage; and, (d) the
equal shares. (1999 BAR) solemnizing officer did not file an affidavit of marriage
with the proper civil registrar.
(a) Is the claim of both sets of parents valid and
why? Does Irma have any successional rights at all? Discuss
fully. (1999, 1995 BAR)
A: NO, the claim of both parents is not valid. When Mr. Cruz
died, he was succeeded by his wife and his parents as his A: Irma succeeded to the estate of Isidro as his surviving
intestate heirs who will share his estate equally. His estate spouse to the estate of her legitimate child. When Isidro
was 0.5 Million pesos which is his half share in the absolute died, he was succeeded by his surviving wife Irma, and his
community amounting to 1 Million Pesos. His wife, will, legitimate unborn child. They divided the estate equally
therefore, inherit 0.25 Million Pesos and his parents will between them, the child excluding the parents of Isidro. An
inherit 0.25 Million Pesos. unborn child is considered born for all purposes favorable
to it provided it is born later. The child was considered born
When Mrs. Cruz died, she was succeeded by her parents as because, having an intra-uterine life of more than seven
her intestate heirs. They will inherit all of her estate months, it lived for a few minutes after its complete
consisting of her 0.5 Million half share in the absolute delivery. It was legitimate because it was born within the
community and her 0.25 Million inheritance from her valid marriage of the parents. Succession is favorable to it.
husband, or a total of 0.750 Million Pesos. When the child died, Irma inherited the share of the child.
In sum, the parents of Mr. Cruz will inherit 250,000 Pesos ALTERNATIVE ANSWER:
while the parents of Mrs. Cruz will inherit 750,000 Pesos.
If the marriage is void. Irma has no successional rights with
(b) Suppose in the preceding question, both Mr. respect to Isidro but she would have successional rights
and Mrs. Cruz were already dead when help with respect to the child. (UPLC Suggested Answers)
came, so that nobody could say who died ahead
of the other, would your answer be the same to Q: Tessie died survived by her husband Mario, and two
the question as to who are entitled to the nieces, Michelle and Jorelle, who are the legitimate
properties of the deceased couple? children of an elder sister who had predeceased her.
The only property she left behind was a house and lot
A: This being a case of succession, in the absence of proof as worth two million pesos, which Tessie and her husband
to the time of death of each of the spouses, it is presumed had acquired with the use of Mario's savings from his
they died at the same time and no transmission of rights income as a doctor.
from one to the other is deemed to have taken place.
Therefore, each of them is deemed to have an estate valued How much of the property or its value, if any, may
at P500,000,00, or one-half of their conjugal property of P1 Michelle and Jorelle claim as their hereditary shares?
million. Their respective parents will thus inherit the entire (1998 BAR)
P1 Million in equal shares, of P500,000.00 per set of
parents. A: Art. 1001 of the NCC provides, "Should brothers and
sisters or their children survive with the widow or
Q: Isidro and Irma, Filipinos, both 18 years of age, were widower, the latter shall be entitled to one-half of the
passengers of Flight No. 317 of Oriental Airlines. The inheritance and the brothers and sisters or their children to
plane they boarded was of Philippine registry. While en the other half." Tessie's gross estate consists of a house and
route from Manila to Greece some passengers hijacked lot acquired during her marriage, making it part of the
the plane, held the chief pilot hostage at the cockpit and community property. Thus, one-half of the said property
ordered him to fly instead to Libya. During the hijacking would have to be set aside as Mario's conjugal share from
Isidro suffered a heart attack and was on the verge of the community property. The other half, amounting to one
death. Since Irma was already eight months pregnant million pesos, is her conjugal share (net estate), and should
by Isidro, she pleaded to the hijackers to allow the be distributed to her intestate heirs. Applying the above
assistant pilot to solemnize her marriage with Isidro. provision of law, Michelle and Jorelle, Tessie's nieces, are
Soon after the marriage, Isidro expired. As the plane entitled to one-half of her conjugal share worth one million
landed in Libya Irma gave birth. However, the baby died pesos, or 500,000 pesos, while the other one-half
a few minutes after complete delivery. Back in the amounting to P500,000 will go to Mario, Tessie's surviving
Philippines, Irma Immediately filed a claim for spouse. Michelle and Jorelle are then entitled to P250,000
inheritance. pesos each as their hereditary share.
Q: Cristina the illegitimate daughter of Jose and Maria, Edilberto’s estate. They are not related at all to Edilberto.
died intestate, without any descendant or ascendant. They were born during the marriage of Conrado and Clarita,
Her valuable estate is being claimed by Ana, the hence, are considered legitimate children of the said
legitimate daughter of Jose, and Eduardo, the legitimate spouses. This status is conferred on them at birth by law.
son of Maria.
Under Philippine law, a person cannot have more than one
Is either, both, or neither of them entitled to inherit? natural filiation. The legitimate filiation of a person can be
Explain. (1996 BAR) changed only if the legitimate father will successfully
impugn such status.
A: Neither Ana nor Eduardo is entitled to inherit of ab
intestato from Cristina. Both are legitimate relatives of In the problem, therefore, the filiation of Alberto and
Cristina's illegitimate parents and therefore they fall under Baldomero as the legitimate children of Conrado cannot be
the prohibition prescribed by Art. 992. (Manuel v. Ferrer, changed by their recognition by Edilberto as his illegitimate
G.R. No. 117246, 21 Aug. 1995; Diaz v. IAC, G.R. No. L-66574, children. Before they can be conferred the status of
21 Feb. 1990) Edilberto’s illegitimate children, Conrado must first impugn
their legitimacy. Since Conrado has not initiated any action
Q: A is the acknowledged natural child of B who died to impugn their legitimacy, they continue to be the
when A was already 22 years old. When B's full blood legitimate children of Conrado. They cannot be the
brother, C, died, he (C) was survived by his widow and illegitimate children of Edilberto at the same time. Not being
four children of his other brother D. Claiming that he is the illegitimate children of Edilberto, they have no right to
entitled to inherit from his father's brother C. A brought inherit from him.
suit to obtain his share in the estate of C.
Q: Maria, to spite her husband Jorge, whom she
Will his action prosper? (1993 BAR) suspected was having an affair with another woman,
executed a will, unknown to him, bequeathing all the
A: NO, the action of A will not prosper. On the premise that properties she inherited from her parents to her sister
B, C and D are legitimate brothers, as an illegitimate child of Miguela. Upon her death, the will was presented for
B, A cannot inherit in intestacy from C who is a legitimate probate. Jorge opposed probate of the will on the
brother of B. Only the wife of C in her own right and the ground that the will was executed by his wife without
legitimate relatives of C (i.e., the children of D as C's his knowledge, much less consent, and that it deprived
legitimate nephews inheriting as collateral relatives) can him of his legitime. After all, he had given her no cause
inherit in intestacy. (Arts. 992, 1001, 1005, 975, NCC) for disinheritance, added Jorge in his opposition.
How will you distribute his estate according to his Upon Mr. Palma's death, how should his estate be
wishes without violating the law on testamentary divided? Explain. (2000, 1999 BAR)
succession? (2005 BAR)
A: This is a case of ineffective disinheritance because
A: marrying a man that the father did not approve of is not a
P600,000.00 — legitime to be divided equally between ground for disinheriting D. Therefore, the institution of D-1
Tom, Henry and Warlito as the legitimate children. and D-2 shall be annulled insofar as it prejudices the
Each will be entitled to P200,000.00. (Art. 888, NCC) legitime of D, and the institution of D-1 and D- 2 shall only
apply on the free portion in the amount of P500,000.00.
P100,000.00 – share of Ramon the illegitimate child. Therefore, D, D-1 and D-2 will get their legitimes of P500,
Equivalent to 1/2 of the share of each legitimate child. 000.00 divided into three equal parts and D-1 and D- 2 will
(Art. 176, FC) get a reduced testamentary disposition of P250,000.00
each. Hence, the shares will be:
P200,000.00 — Adette the wife. Her share is
equivalent to the share of one. legitimate child. (Art. D P166,666.66
892(2), NCC) Pepe and Pilar, the parents are only D-l P166,666.66 + P250.000.00
secondary compulsory heirs and they cannot inherit if D-2 P166,666.66 + P250,000.00
the primary compulsory heirs (legitimate children) are
alive. (Art. 887(2), NCC) Brother Mark and sister Q: In his last will and testament, Lamberto 1)
Nanette are not compulsory heirs since they are not disinherits his daughter Wilma because "she is
included in the enumeration under Art. 887 of the NCC. disrespectful towards me and raises her voice talking
The remaining balance of P300,000.00 is the free to me", 2) omits entirely his spouse Elvira, 3) leaves a
portion which can be given to the illegitimate child legacy of P100,000.00 to his mistress Rosa and
Ramon as an instituted heir. (Art. 914, NCC) If so given P50,000.00 to his driver Ernie and 4) institutes his son
by the decedent, Ramon would receive a total of Baldo as his sole heir.
P400,000.00.
How will you distribute his estate of P1,000,000.00?
Q: Because her eldest son Juan had been pestering her (2000 BAR)
for capital to start a business, Josefa gave him P100,000.
Five years later, Josefa died, leaving a last will and A: The disinheritance of Wilma was ineffective because the
testament in which she instituted only her four younger ground relied upon by the testator does not constitute
children as her sole heirs. At the time of her death, her maltreatment under Art. 919(6), NCC. Hence, the
only properly left was P900,000.00 in a bank. Juan testamentary provisions in the will shall be annulled but
opposed the will on the ground of preterition. only to the extent that her legitime was impaired.
How should Josefa's estate be divided among her heirs? The total omission of Elvira does not constitute preterition
State briefly the reason(s) for your answer. (2001 BAR) because she is not a compulsory heir in the direct line. Only
compulsory heirs in the direct line may be the subject of
A: There was no preterition of the oldest son because the preterition. Not having been preterited, she will be entitled
testatrix donated P100,000 to him. This donation is only to her legitime.
considered an advance on the son's inheritance. There
being no preterition, the institutions in the will shall be The legacy in favor of Rosa is void under Art. 1028 for being
respected but the legitime of the oldest son has to be in consideration of her adulterous relation with the testator.
completed if he received less. After collating the donation of She is, therefore, disqualified to receive the legacy of
P100,000 to the remaining property of P900,000, the estate 100,000 pesos. The legacy of 50,000 pesos in favor of Ernie
of the testatrix is P1,000,000. Of this amount, one-half or is not inofficious not having exceeded the free portion.
P500,000, is the legitime of the legitimate children and it Hence, he shall be entitled to receive it.
follows that the legitime of one legitimate child is P100,000.
The legitime, therefore, of the oldest son is P100,000. The institution of Baldo, which applies only to the free
However, since the donation given him was P100,000, he portion, shall be respected. In sum, the estate of Lamberto
has already received in full his legitime and he will not will be distributed as follows:
receive anything anymore from the decedent. The
remaining P900,000, therefore, shall go to the four younger Baldo ----------------------------- 450,000
children by institution in the will, to be divided equally Wilma --------------------------- 250,000
among them. Each will receive P225,000. Elvira ----------------------------- 250,000
Ernie ---------------------------- 50,000
Q: Mr. Palma, widower, has three daughters D, D-1 and 1,000,000
D-2. He executes a Will disinheriting D because she
married a man he did not like, and instituting daughters
D-1 and D-2 as his heirs to his entire estate of P
1,000,000.00,
Q: In January 2018, Mrs. A, a married woman on her Q: Roland, a basketball star, was under contract for one
sixth (6th) month of pregnancy, was crossing a street year to play-for-play exclusively for Lady Love, Inc.
when she was suddenly hit by a car being recklessly However, even before the basketball season could
driven by Mr. X. As a result, Mrs. A sustained serious open, he was offered a more attractive pay plus fringes
injury and further, suffered an unintentional abortion. benefits by Sweet Taste, Inc. Roland accepted the offer
Mrs. A was hospitalized for two (2) months, during and transferred to Sweet Taste. Lady Love sues Roland
which she incurred P400,000.00 in medical fees. Her and Sweet Taste for breach of contract. Defendants
expenses were all duly substantiated by official claim that the restriction to play for Lady Love alone is
receipts. During the two (2) months, during which she void, hence, unenforceable, as it constitutes an undue
incurred P400,000.00 in medical fees. Her expenses interference with the right of Roland to enter into
were all duly substantiated by official receipts During contracts and the impairment of his freedom to play
the two (2)-month period of her confinement, she was and enjoy basketball.
unable to report for work and earn any salary, which
was established at the rate of P50,000.00 per month. Can Roland be bound by the contract he entered into
Mrs. A then filed a civil case for damages against Mr. X. with Lady Love or can he disregard the same? Is he
(2019 BAR) liable at all? How about Sweet Taste? Is it liable to Lady
Love? (1991 BAR)
Based on the case filed by Mrs. A, what is the source of
Mr. X’s obligation to her as a result of his acts? Explain. A: YES, Roland is liable under the contract as far as Lady
Love is concerned. He is liable for damages under Art. 1170
A: Mr. X’s obligation arose from a quasi-delict, one of the of the NCC since he contravened the tenor of his obligation.
sources of obligations. (Art. 1157, NCC) The code also Not being a contracting party, Sweet Taste is not bound by
provides that whoever by act or omission causes damages the contract, but it can be held liable under Art. 1314, NCC.
to another, there being fault or negligence, is obliged to pay The basis of its liability is not prescribed by contract but is
for the damages done and such fault or negligence, is called founded on quasi-delict, assuming that Sweet Taste knew of
the contract. Art. 1314 of the NCC provides that any third passengers. Orlando was not in the car at the time of the
person who induces another to violate his contract shall be incident. The car owner and the injured passengers
liable for damages to the other contracting party. sued Orlando and Diego for damages caused by Diego’s
negligence. In their defense, Diego claims that the
Q: Printado is engaged in the printing business. Suplico downhill slope caused the van to gain speed and that, as
supplies printing paper to Printado pursuant to an he stepped on the brakes to check the acceleration, the
order agreement under which Suplico binds himself to brakes locked, causing the van to go even faster and
deliver the same volume of paper every month for a eventually to hit the car in front of it. Orlando and Diego
period of 18 months, with Printado in turn agreeing to contend that the sudden malfunction of the van’s brake
pay within 60 days after each delivery. Suplico has been system is a fortuitous even and that, therefore, they are
faithfully delivering under the order agreement for 10 exempt from any liability.
months but thereafter stopped doing so, because
Printado has not made any payment at all. Printado has Is this contention tenable? Explain. (2002 BAR)
also a standing contract with publisher Publico for the
printing of 10,000 volumes of school textbooks. Suplico A: NO. Mechanical defects of a motor vehicle do not
was aware of said printing contract. After printing constitute fortuitous event, since the presence of such
1,000 volumes, Printado also fails to perform under its defects would have been readily detected by diligent
printing contract with Publico. Suplico sues Printado maintenance check. The failure to maintain the vehicle in
for the value of the unpaid deliveries under their order safe running condition constitutes negligence.
agreement. At the same time Publico sues Printado for
damages for breach of contract with respect to their Q: AB Corp. entered into a contract with XY Corp.
own printing agreement. whereby the former agreed to construct the research
and laboratory facilities of the latter. Under the terms
In the suit filed by Suplico, Printado counters that: (a) of the contract, AB Corp. agreed to complete the facility
Suplico cannot demand payment for deliveries made in 18 months, at the total contract price of P10 million.
under their order agreement until Suplico has XY Corp. paid 50% of the total contract price, the
completed performance under said contract; (b) balance to be paid upon completion of the work. The
Suplico should pay damages for breach of contract; and work stated immediately, but AB Corp. later
(c) with Publico should be liable for Printado’s breach experienced work slippage because of labor unrest in
of his contract with Publico because the order his company. AB Corp.'s employees claimed that they
agreement between Suplico and Printado was for the are not being paid on time; hence, the work slowdown.
benefit of Publico. As of the 17th month, work was only 45% completed.
AB Corp. asked for extension of time, claiming that its
Are the contentions of Printado tenable? Explain your labor problems are a case of fortuitous event, but this
answers as to each contention. (2002 BAR) was denied by XY Corp. When it became certain that the
construction could not be finished on time, XY Corp.
A: NO, the contentions of Printado are untenable. Printado sent written notice cancelling the contract, and
having failed to pay for the printing paper covered by the requiring AB Corp. to immediately vacate the premises.
delivery invoices on time, Suplico has the right to cease
making further delivery. And the latter did not violate the Can the labor unrest be considered a fortuitous event?
order agreement. (Integrated Packaging Corporation v. (2008 BAR)
Court of Appeals, G.R. No. 115117, 08 June 2000. Suplico
cannot be held liable for damages, for breach of contract, as A: Labor unrest is not a fortuitous event that will excuse AB
it was not, he who violated the order agreement, but Corporation from complying with its obligation of
Printado Suplico cannot be held liable for Printado’s breach constructing the research and laboratory facilities of XY
of contract with Publico. He is not a party to the agreement Corporation. The labor unrest, which may even be
entered into by and between Printado and Publico. Theirs is attributed in large part to AB Corporation itself, is not the
not a stipulation pour atrui. Such contracts could not affect direct cause of non-compliance by AB Corporation. It is
third persons like Suplico because of the basic civil law independent of its obligation. It is similar to the failure of a
principle of relativity of contracts which provides that DBP borrower to pay her loan just because her plantation
contracts can only bind the parties who entered into it, and suffered losses due to the cadang-cadang disease. It does
it cannot favor or prejudice a third person, even if he is not excuse compliance with the obligation. (DBP v. Vda. de
aware of such contract and has acted with knowledge Moll, G.R. No. L- 25802, 31 Jan. 1972)
thereof. (Integrated Packaging Corporation v. Court of
Appeals, G.R. No. 115117, 08 June 2000)
2. NATURE AND EFFECT Q: The following are the requisites of fortuitous event,
(2013, 2012 BAR) except: (2012 BAR)
Q: The creditor has the right to the fruits of the thing (a) Cause is independent of the will of the debtor.
from the time: (2012 BAR) (b)The event is unforeseeable/unavoidable.
(c) Occurrence renders it absolutely impossible for
(a) the thing is delivered. the debtor to fulfill his obligation in a normal
(b)the obligation to deliver the things arises. manner; impossibility must be absolute not
(c) the contract is perfected. partial, otherwise not force majeure.
(d)the fruits are delivered. (d)Debtor contributed to the aggravation of the
injury to the creditor.
A: (b) the obligation to deliver the things arises.
A: (d) Debtor contributed to the aggravation of the injury to
Q: A debtor is liable for damages in case of delay if he is the creditor.
guilty of any of the following, except: (2012 BAR)
Q: A debtor may still be held liable for loss or damages
(a) default (mora) even if it was caused by a fortuitous event in any of the
(b)mistake following instances, except: (2012 BAR)
(c) negligence (culpa)
(d)breach through contravention of the tenor (a) The debtor is guilty of dolo, malice or bad faith,
thereof. has promised the same thing to two or more
persons who do not have the same interest.
A: (b) mistake. (b)The debtor contributed to the loss.
(c) The thing to be delivered is generic.
Q: This term refers to a delay on the part of both the (d)The creditor is guilty of fraud, negligence or
debtor and creditor in reciprocal obligations. (2012 delay or if he contravened the tenor of the
BAR) obligation.
Q: It is an intentional evasion of the faithful 1. Was Homer justified in refusing to accept the tobacco
performance of the obligation. (2012 BAR) leaves?
(A) Yes. Homer was justified in refusing to accept
(a) Negligence the tobacco leaves. The delivery was to be made
(b)Fraud within a month. Gary's promise of delivery on a
(c) Delay "best effort" basis made the delivery uncertain.
(d)Mistake. The term, therefore, was ambiguous.
(D)No, Gary cannot compel Isaac to immediately A: The remedy of Nolan is to go to court and ask that a
pay the loan. Equity dictates that Gary should period be fixed for the payment of debt. Art. 1180 of the NCC
have granted a reasonable extension of time for provides that when a debtor binds himself to pay when his
Isaac to deliver his Toyota Innova. It would be means permit him to do so, the obligation shall be deemed
unfair and burdensome for Isaac to pay the to be one with a period (suspensive). Art. 1197 of the NCC
P1,000,000 simply because the promised provides that the courts may fix a period if such was
security was not delivered. intended from the nature of the obligation and may also fix
the duration of the period when such depends on the will of
A: (A) - Art. 1198, NCC. Isaac lost his right to make use of the debtor.
the period because he failed to furnish the guaranty or
security in consideration of which Gary agreed to the Q: Juancho, Don and Pedro borrowed P150,000.00 from
period. their friend Cita to put up an internet cafe orally
promising to pay her the full amount after one year.
Because of their lack of business know-how, their
business collapsed. Juancho and Don ended up
penniless, but Pedro was able to borrow money and put
up a restaurant which did well.
Can Cita demand that Pedro pay the entire obligation (c) If the debtor promises to pay when he becomes
since he, together with the two others, promised to pay a lawyer; and
the amount in full after one year? Defend your answer.
(2015 BAR) A: YES, the obligation is valid. It is subject to a suspensive
condition, i.e., the future and uncertain event of his
A: NO, Cita cannot demand that Pedro pay the entire becoming a lawyer. The performance of this obligation does
obligation because the obligation in this case is presumed to not depend solely on the will of the debtor but also on other
be joint. The concurrence of two or more creditors or of two factors outside the debtor’s control.
or more debtors in one and the same obligation does not
imply that each one of the former has a right to demand, or (d) If the debtor promises to pay if his son, who is
that each one of the latter is bound to render, entire sick with cancer, does not die within one year.
compliance with the prestation. (Art. 1207, NCC) In a joint
obligation, there is no mutual agency among the joint A: YES, the obligation is valid. The death of the son of cancer
debtors such that if one of them is insolvent the others shall within one year is made a negative suspensive condition to
not be liable for his share. his making the payment. The obligation is demandable if the
son does not die within one year. (Art. 1185, NCC)
Q: Four foreign medical students rented the apartment
of Thelma for a period of one year. After one semester, Q: Pedro promised to give his grandson a car if the
three of them returned to their home country and the latter will pass the bar examinations. When his
fourth transferred to a boarding house. Thelma grandson passed the said examinations, Pedro refused
discovered that they left unpaid telephone bills in the to give the car on the ground that the condition was a
total amount of P80,000.00. The lease contract purely potestative one. Is he correct or not? (2000 BAR)
provided that the lessees shall pay for the telephone
services in the leased premises. Thelma demanded that A: NO, he is not correct. First of all, the condition is not
the fourth student pay the entire amount of the unpaid purely potestative, because it does not depend on the sole
telephone bills, but the latter is willing to pay only one will of one of the parties. Secondly, even if it were, it would
fourth of it. be valid because it depends on the sole will of the creditor
(the donee) and not of the debtor (the donor).
Who is correct? Why? (2001 BAR)
Q: In 1997, Manuel bound himself to sell Eva a house
A: The fourth student is correct. His liability is only joint, and lot which is being rented by another person, if Eva
hence, pro rata. There is solidary liability only when the passes the 1998 bar examinations. Luckily for Eva, she
obligation expressly so states or when the law or nature of passed said examinations. (1999 BAR)
the obligation requires solidarity. (Art. 1207, NCC) The
contract of lease in the problem does not, in any way, (a) Suppose Manuel had sold the same house and
stipulate solidarity. lot to another before Eva passed the 1998 bar
examinations, is such sale valid? Why?
Q: Are the following obligations valid, why, and if they
are valid, when is the obligation demandable in each A: YES, the sale to the other person is valid. However, the
case? (2003 BAR) buyer acquired the property subject to a resolutory
condition of Eva passing the 1998 Bar Examinations. Hence,
(a) If the debtor promises to pay as soon as he has upon Eva's passing the Bar, the rights of the other buyer
the means to pay; terminated, and Eva acquired ownership of the property.
Q: In June 1988, X obtained a loan from A and executed some of the squatters, who were already known to be
with Y as solidary co-maker a promissory note in favor there at the time they entered into the contract, refused
of A for the sum of P200,000.00. The loan was payable to vacate the premises. In fact, prior to its execution, the
at P20,000.00 with interest monthly within the first seller filed ejectment cases against the squatters.
week of each month beginning July 1988 until maturity
in April 1989. To secure the payment of the loan, X put The buyer now sues the seller for specific performance
up as security a chattel mortgage on his car, a Toyota with damages. The defense is that the obligation to
Corolla sedan. Because of failure of X and Y to pay the construct the passageway should be with a period
principal amount of the loan, the car was extrajudicially which, incidentally, had not been fixed by them, hence,
foreclosed. A acquired the car at A’s highest bid of the need for fixing a judicial period.
P120,000.00 during the auction sale.
Will the action for specific performance of the buyer
After several fruitless letters of demand against X and against the seller prosper? (1991 BAR)
Y, A sued Y for the discovery of P80,000.00 constituting
the deficiency. A: NO, the action for specific performance filed by the buyer
is premature under Art. 1197 of the NCC. If a period has not
Y resisted the suit raising the following defenses: been fixed although contemplated by the parties, the parties
Decide the defense with reasons. (1992 BAR) themselves should fix that period, failing in which, the Court
may be asked to fix it taking into consideration the probable
(a) That Y should not be liable at all because X was contemplation of the parties. Before the period is fixed, an
not sued together with Y. action for specific performance is premature.
(b) That the obligation has been paid completely by The renunciation by a co-owner of his undivided share
A’s acquisition of the car through “dacion en in the co-owned property in lieu of the performance of
pago” or payment by cession. his obligation to contribute to taxes and expenses for
the preservation of the property constitutes dacion en
A: The second defense of Y is untenable. Y is still liable. The pago. (2009 BAR)
chattel mortgage is only given as security and not as
payment for the debt in case of failure to pay. Y as a solidary A: TRUE. Under the NCC, a co-owner may renounce his
co-maker is not relieved of further liability on the share in the co-owned property in lieu of paying for his
promissory note as a result of the foreclosure of the chattel share in the taxes and expenses for the preservation of the
mortgage. co-owned property. In effect, there is dacion en pago
because the co-owner is discharging his monetary
(c) That Y should not be held liable for the obligation by paying it with his non-monetary interest in
deficiency of P80,000.00 because he was not a the co-owned property. The fact that he is giving up his
co-mortgagor in the chattel mortgage of the car, entire interest simply means that he is accepting the value
which contract was executed by X alone as of his interest as equivalent to his share in the taxes and
owner and mortgagor. expenses of preservation.
A: The third defense of Y is untenable. Y is a surety of X and Q: Define compensation as a mode of extinguishing an
the extrajudicial demand against the principal debtor is not obligation and distinguish it from payment. (1998 BAR)
inconsistent with a judicial demand against the surety. A
suretyship may co-exist with a mortgage. A: Compensation is a mode of extinguishing to the
concurrent amount, the obligations of those persons who in
(d)That assuming he is liable, he should only pay their own right are reciprocally debtors and creditors of
the proportionate sum of P40,000.00. each other. (Tolentino, 1991, p. 365, citing 2 Castan 560 and
Francia v. Intermediate Appellate Court, G.R. No. L-67649, 28
A: The fourth defense is untenable. Y is liable for the entire June 1988) It involves the simultaneous balancing of two
prestation since Y incurred a solidary obligation with X. obligations in order to extinguish them to the extent in
which the amount of one is covered by that of the other. (De
Q: In a deed of sale of realty, it was stipulated that the Leon, 1992, p. 221, citing 8 Manresa 401)
buyer would construct a commercial building on the lot
while the seller would construct a private passageway Payment means not only delivery of money but also
bordering the lot. The building was eventually finished performance of an obligation. (Art. 1232, NCC) In payment,
but the seller failed to complete the passageway as capacity to dispose of the thing paid and capacity to receive
payment are required for debtor and creditor, respectively: A: The payment by Sergio resulted in the extinguishment of
in compensation, such capacity is not necessary, because the obligation of Samantha to the utility company and
the compensation operates by law and not by the act of the Sergio was legal subrogated to the utility company’s credit.
parties. In payment, the performance must be complete, Sergio, thus, became Samantha’s new creditor. Under Art.
while in compensation there may be partial extinguishment 1302(3), NCC, it is presumed that there is legal subrogation
of an obligation. (Tolentino, supra) when, even without the knowledge of the debtor, a person
interested in the fulfillment of the obligation pays, without
Q: A 100-year-old tree inside a university was uprooted prejudice to the effects of confusion as to the latter's share.
by strong winds cause by a super typhoon. This was A person interested in the fulfillment is one who will benefit
despite the university’s prior efforts to maintain the from the extinguishment of the obligation. Here, Sergio is an
strength of the tree’s roots. interested person since he was the business successor-in-
interest of the Samantha and he cannot conduct his business
The tree was blown away until it hit a nearby fast-food without paying the debtor of Samantha. Since there is legal
restaurant where a Bar candidate was reviewing for the subrogation, Sergio stepped into the shoes of the utility
bar examinations. The bar candidate, who was then the company as the new creditor to the P50,000 credit; thus,
only person dining inside the fast-food restaurant, there can be valid legal compensation of the two credits
suffered physical injuries. between him and Samantha who are principally debtors
and creditors of each other up to the concurrent amount of
The super typhoon was enabled by climate change. P50,000. (Art. 1279, NCC)
Can the university be held liable for the physical (b) Is Samantha guilty of mora accipiendi?
injuries suffered by the Bar candidate? Explain briefly
(2020-21 BAR) A: YES, Samantha is guilty of mora accipiendi. The requisites
for mora accipiendi are: (i) offer of performance by the
A: NO, the university cannot be held liable for the physical debtor; (ii) offer must be to comply with prestation as it
injuries suffered by the Bar candidate. The facts clearly state should be performed; and (iii) the creditor refuses to accept
that despite the efforts of the university to maintain the the performance without just cause. Here, Sergio validly
strength of the roots of the trees, it was still blown away due made an offer to comply with the prestation of payment,
entirely to the occurrence of a fortuitous event which is the albeit for P950,000 only. Sergio’s offer is justified based on
super typhoon. Under the law no person shall be liable for the concept of partial legal compensation up to the amount
those events which could not be foreseen or even if foreseen of P50,000, since Sergio and Samantha are in their own right
were inevitable. (Art. 1174, NCC) The event which cause principal debtors and creditors of each other. Samantha’s
damage to the bar candidate was entirely independent of refusal was without just cause as she cannot be permitted
human will and neither was there participation of the to benefit or use as a defense her own failure to fulfill her
university in the aggravation of the injury. To be liable for part of the obligation to pay the electricity bills.
the damages caused, there must be fault or negligence
concurring with the fortuitous event which is absent in this Q: Butch got a loan from Hagibis Corporation (Hagibis)
case. but he defaulted in the payment. A case for collection of
a sum of money was filed against him. As a defense,
Q: Samantha sold all her business interest in a sole Butch claims that there was already an arrangement
proprietorship to Sergio for the amount of PhP1 with Hagibis on the payment of the loan. To implement
million. Under the sale agreement, Samantha was the same, Butch already surrendered five (5) service
supposed to pay for all prior unpaid utility bills utility vehicles (SUVs) to the company for it to sell and
incurred by the sole proprietorship. A month after the the proceeds to be credited to the loan as payment. Was
Contract to Sell was executed, Samantha still had not the obligation of Butch extinguished by reason of
paid the PhP50,000 electricity bills incurred prior to dacion en pago upon the surrender of the SUVs? Decide
the sale. Since Sergio could not operate the business and explain. (2016 BAR)
without electricity and the utility company refused to
restore electricity services unless the unpaid bills were A: NO, the obligation of Butch to Hagibis was not
settled in full, Sergio had to pay the unpaid electricity extinguished by the mere surrender of the SUV’s to the
bills. When the date for payment arrived, Sergio only latter. Dation in payment, whereby property is alienated to
tendered PhP950,000 representing the full purchase the creditor in satisfaction of a debt in money, shall be
price, less the amount he paid for the unpaid utility governed by the law on sales. (Art. 1245, NCC) In dacion en
bills. Samantha refused to accept the tender on the pago, as a special mode of payment, the debtor offers
ground that she was the one supposed to pay the bills another thing to the credtor who accepts it as equivalent of
and Sergio did not have authorization to pay on her payment of an outstanding debt. The undertaking really
behalf. (2018 BAR) partakes in one sense of the nature of sale, that is, the
creditor is really buying the thing or property of the debtor,
(a) What is the effect of payment made by Sergio payment for which is to be charged against the debtor’s
without the knowledge and consent of debt. As such, the essential elements of a contract of sale,
Samantha. namely, consent, object certain, and cause or consideration
must be present. In dacion en pago, there is in reality an an extension granted the debtor without the consent of the
objective novation of the obligation where the thing offered surety. Hence, Jojo’s obligation as a surety is extinguished.
as an accepted equivalent of the performance of an If the change of work schedule, on the other hand, shortens
obligation is considered as the object of the contract of sale, the time of completion of the project, it will amount to a
while the debt is considered as the purchase price. In any novation. The old obligation, where Jojo was obligated as a
case, common consent is an essential pre-requisite, be it surety is extinguished relatively as to him, leaving Ivan still
sale or innovation to have the effect of totally extinguishing bound.
the debt or obligation. (Filinvest Credit Corporation v.
Philippine Acetylene Company, G.R. No. L-50449, 30 Jan. Q: A, B, C, D and E made themselves solidarity indebted
1982) There being no mention in the facts that Hagibis has to X for the amount of P50,000.00. When X demanded
given its consent to accept the SUCs as equivalent payment, payment from A, the latter refused to pay on the
the obligation of Butch is not thereby extinguished be mere following grounds:
delivery of the SUVs.
a) B is only 16 years old.
Q: Jerico, the project owner, entered into a Construction b) C has already been condoned by X.
Contract with Ivan for the latter to construct his house. c) D is insolvent.
Jojo executed a Surety undertaking to guarantee the d) E was given by X an extension of 6 months
performance of the work by Ivan. Jerico and Ivan later without the consent of the other four co-
entered into a Memorandum of Agreement (MOA) debtors.
revising the work schedule of Ivan and the
subcontractors. The MOA stated that all the stipulations State the effect of each of the above defenses put up by
of the original contract not in conflict with said A on his obligation to pay X, if such defenses are found
agreement shall remain valid and legally effective. Jojo to be true. (2003 BAR)
filed a suit to declare him relieved of his undertaking as
a result of the MOA because of the change in the work (a) B is only 16 years old.
schedule. Jerico claims there is no novation of the
Construction Contract. Decide the case and explain. A: A may avail the minority of B as a defense, but only for
(2016 BAR) B’s share of P 10,000.00. A solidary debtor may avail himself
of any defense which personally belongs to a solidary co-
A: I will decide in favor of Jerico as there is no novation of debtor, but only as to the share of that co-debtor.
the Construction Contract. Novation is never presumed, and
may only take place when the following are present: (1) a (b) C has already been condoned by X.
previous valid obligation; (2) the agreement of all the
parties to the new contract; (3) the extinguishment of the A: A may avail of the condonation by X of C’s share of P 10,
old contract; (4) validity of the new one. There must be 000.00. A solidary debtor may, in actions filed by the
consent of all the parties to the substitution, resulting in the creditor, avail himself of all defenses which are derived
extinction of the old obligation and the creation of a new from the nature of the obligation and of those which are
valid one. In this case, the revision of the work schedule of personal to him or pertain to his own share. With respect to
Ivan and the subcontractors is not shown to be so those which personally belong to others, he may avail
substantial as to extinguish the old contract, and there was himself thereof only as regards that part of the debt for
also no irreconcilable incompatibility between the old and which the latter are responsible. (Art. 1222, NCC)
new obligations. It has also been held in jurisprudence that
a surety may only be relieved of his undertaking if there is a (c) D is insolvent.
material change in the principal contract and such would
make the obligation of the surety onerous. The principal A: A may not interpose the defense of insolvency of D as a
contract subject of the surety agreement still exists, and Jojo defense. Applying the principle of mutual guaranty among
is still bound as a surety. solidary debtors, A guaranteed the payment of D’s share and
of all the other co-debtors. Hence, A cannot avail of the
ALTERNATIVE ANSWER: defense of D’s insolvency.
I will decide against Jerico. The provisions of the NCC on (d) E was given by X an extension of 6 months
Guarantee, other than the benefit of excussion (Art. 2059, without the consent of the other four co-
NCC), are applicable and available to the surety because a debtors.
surety is a guarantor who binds himself solidarily. (Art.
2047(2), NCC) The Supreme Court has held that there is no A: The extension of six (6) months given by X to E may be
reason why the provisions of Art. 2079 would not apply to availed of by A as a partial defense but only for the share of
a surety. (Autocorp Group v. Intra Strata Assurance E, there is no novation of the obligation but only an act of
Corporation, G.R. No. 166662, 27 June 2008) Art. 2079 of the liberality granted to E alone.
NCC provides that an extension granted to the debtor by the
creditor without the consent of the guarantor extinguishes
the guaranty. The changes in the work schedule amount to
A: NO, because Gustavo is guilty of estoppel by laches. He Q: Stockton is a stockholder of Core Corp. He desires to
led Felipe to believe he could pay by cashier’s check, and sell his shares in Core Corp. In view of a court suit that
Felipe relied that such cashier’s check would be encashed Core Corp. has filed against him for damages in the
thus extinguishing his obligation. Because of Gustavo’s amount of P10 million, plus attorney’s fees of P1
inaction of more than six months the check became stale million, as a result of statements published by Stockton
and Felipe will be prejudiced if he will be required to pay which are allegedly defamatory because it was
$100 at the exchange rate of P56 to $1.00. The exchange calculated to injure and damage the corporation’s
should be the rate at the time of payment. reputation and goodwill. The articles of incorporation
of Core Corp. provide for a right of first refusal in favor
(b)Can Felipe validly refuse to pay Gustavo again? of the corporation. Accordingly, Stockton gave written
notice to the corporation of his offer to sell his shares of
A: YES, if the payment is valid. Since the bank considered P10 million. The response of Core corp. was an
the cashier’s check as being stale for not having been acceptance of the offer in the exercise of its rights of
encashed on time, then the cashiers’ check may be issued first refusal, offering for the purpose payment in form
again. At any rate, non-payment of the amount to Gustavo of compensation or set-off against the amount of
would constitute unjust enrichment. damages it is claiming against him, exclusive of the
claim for attorney’s fees. Stockton rejected the offer of
(c) Can Felipe compel Gustavo to receive US$100 the corporation, arguing that compensation between
instead? the value of the shares and the amount of damages
demanded by the corporation cannot legally take effect.
A: YES, Felipe can compel Gustavo to pay US$100 instead.
Under the prior law, R.A. No. 529, as amended by R.A. No. Is Stockton correct? Give reason for your answer.
4100, payment can only be in Philippine currency as it (1998, 2002 BAR)
would be against public policy, null and void and of no
effect. However, under R.A. No. 8183, payment may be made A: Stockton is correct. There is no right of compensation
in the currency agreed upon by the parties, and the rate of between his price of P10 million and Core Corp.’s
exchange to be followed is at the time of payment. (C.F. unliquidated claim for damages. In order that compensation
Sharp & Co. Inc. vs. Northwest Airlines, Inc., G.R. No. 133498, may be proper, the two debts must be liquidated and
18 Apr. 2002.) demandable. The case for the P10 million damages being
still pending in court, the corporation has as yet no claim
Q: X, who has a savings deposit with Y Bank in the sum which is due and demandable against Stockton.
of P1,000,000.00, incurs a loan obligation with the said
Bank in the sum of P800,000.00 which has become due. Q: Sarah had a deposit in a savings account with Filipino
When X tries to withdraw his deposit, Y Bank allows Universal Bank in the amount of five million pesos
only P200,000.00 to be withdrawn, less service charges, (P5,000,000.00). To buy a new car, she obtained a loan
claiming that compensation has extinguished its from the same bank in the amount of P1,200,000.00,
obligation under the savings account to the concurrent payable in twelve monthly installments. Sarah issued in
amount of X’s debt. X contends that compensation is favor of the bank post-dated checks, each in the amount
improper when one of the debts, as here, arises from a of P100,000.00, to cover the twelve monthly
installment payments. On the third, fourth and fifth A: NO. The mortgage being an accessory contract
months, the corresponding checks bounced. prescribed with the loan. The novation of the loan, however,
did not expressly include the mortgage, hence, the mortgage
The bank then declared the whole obligation due, and is extinguished under Art. 1296 of the NCC. The contract has
proceeded to deduct the amount of one million pesos been extinguished by the novation or extinction of the
(P1,000,000.00) from Sarah’s deposit after notice to principal obligation insofar as third parties are concerned.
her that this is a form of compensation allowed by law.
Is the bank correct? Explain. (2009 BAR) Q: Baldomero leased his house with a telephone to Jose.
The lease contract provided that Jose shall pay for all
A: NO, the bank is not correct. While the Bank is correct electricity, water and telephone services in the leased
about the applicability of compensation, it was not correct premises during the period of the lease. Six months
as to the amount compensated. A bank deposit is a contract later, Jose surreptitiously vacated the premises. He left
of loan, where the depositor is the creditor and the bank the behind unpaid telephone bills for overseas telephone
debtor. Since Sarah is also the debtor of the bank with calls amounting to over P20,000.00.
respect to the loan, both are mutually principal debtors and
creditors of each other. Both obligations are due, Baldomero refused to pay the said bills on the ground
demandable and liquidated but only up to the extent of that Jose had already substituted him as the customer
P300,000.00 (covering the unpaid third, fourth and fifth of the telephone company. The latter maintained that
monthly installments). The entire one million was not yet Baldomero remained as his customer as far as their
due because the loan has no acceleration clause in case of service contract was concerned, notwithstanding the
default. And since there is no retention or controversy lease contract between Baldomero and Jose.
commenced by third person and communicated in due time
to the debtor, then all the requisites of legal compensation Who is correct, Baldomero or the telephone company?
are present but only up to the amount of P300,000.00. The Explain. (1996 BAR)
bank, therefore, may deduct P300,000.00 from Sarah’s bank
deposit by way of compensation. A: The telephone company is correct because as far as it is
concerned, the only person it contracted with was
Q: In 1978, Bobby borrowed P1,000,000.00 form Chito Baldomero. The telephone company has no contract with
payable in two years. The loan, which was evidenced by Jose. Baldomero cannot substitute Jose in his stead without
a promissory note, was secured by a mortgage on real the consent of the telephone company. (Art. 1293, NCC)
property. No action was filed by Chito to collect the loan Baldomero is, therefore, liable under the contract.
or to foreclose the mortgage. But in 1991, Bobby,
without receiving any amount from Chito, executed Q: The sugar cane planters of Batangas entered into a
another promissory note, except for the date thereof, long-term milling contract with the Central Azucarera
which was the date of its execution. de Don Pedro Inc. Ten years later, the Central assigned
its rights to the said milling contract to a Taiwanese
(a) Can Chito demand payment on the 1991 group which would take over the operations of the
promissory note in 1994? sugar mill. The planters filed an action to annul the said
assignment on the ground that the Taiwanese group
A: YES, Chito can demand payment on the 1991 promissory was not registered with the Board of Investments.
note in 1994. Although the 1978 promissory note for P1
million payable two years later or in 1980 became a natural Will the action prosper or not? Explain briefly. (2001
obligation after the lapse of ten (10) years, such natural BAR)
obligation can be a valid consideration of a novated
promissory note dated in 1991 and payable two years later, A: The action will prosper not on the ground invoked but on
or in 1993. the ground that the farmers have not given their consent to
the assignment. The milling contract imposes reciprocal
All the elements of an implied real novation are present: obligations on the parties. The sugar central has the
a) An old valid obligation; obligation to mill the sugar cane of the farmers while the
b) A new valid obligation; latter have the obligation to deliver their sugar cane to the
c) Capacity of the parties; sugar central. As to the obligation to mill the sugar cane, the
d) Animus novandi or intention to novate; and sugar central is a debtor of the farmers. In assigning its
e) The old and the new obligation should be incompatible rights under the contract, the sugar central will also transfer
with each other on all material points. (Art. 1292) The to the Taiwanese its obligation to mill the sugar cane of the
two promissory notes cannot stand together, hence, farmers. This will amount to a novation of the contract by
the period of prescription of ten (10) years has not yet substituting the debtor with a third party. Under Art. 1293
lapsed. of the NCC, such substitution cannot take effect without the
consent of the creditor. The formers, who are creditors as
(b) Can Chito foreclose the real estate mortgage if far as the obligation to mill their sugar cane is concerned,
Bobby fails to make good his obligation under may annul such assignment for not having given their
the 1991 promissory note? consent thereto.
Q: X, a dressmaker, accepted clothing materials from to pay through him as his SPA provided and to protect
Karla to make two dresses for her day. On the X was his commission. Faced with two claimants, Allan
supposed to deliver Karla's dresses, X called up Karla to consigned the payment in court. Billy protested,
say that she had an urgent matter to attend to and will contending that the consignation is ineffective since no
deliver them the next day. That night, however, a tender of payment was made to him. Is he correct?
robber broke into her shop and took everything (2011 BAR)
including Karla's two dresses. X claims she is not liable
to deliver Karla's dresses or to pay for the clothing (A) No, since consignation without tender of
materials considering she herself was a victim of the payment is allowed in the face of the conflicting
robbery which was a fortuitous event and over which claims on the plaintiff.
she had no control. (B) Yes, as owner of the property sold, Billy can
demand payment directly to himself.
Do you agree? Why? (2015 BAR) (C) Yes, since Allan made no announcement of the
tender.
A: NO, I do not agree with the contention of X. The law (D) Yes, a tender of payment is required for a valid
provides that except when it is otherwise declared by consignation.
stipulation or when the law provides or the nature of the
obligation requires the assumption of risk, no person shall A: (A) No, since consignation without tender of payment is
be liable for those events which could not be foreseen or allowed in the face of the conflicting claims on the plaintiff.
which though foreseen were inevitable. (Art. 1174, NCC) In
the case presented, X cannot invoke fortuitous event as a
defense because she had already incurred in delay at the B. CONTRACTS
time of the occurrence of the loss. (Art. 1165, NCC)
Buddy filed a complaint for collection of the balance of The question reads: “Do you agree to the terms and
the obligation and damages against J.C. J.C. denied any conditions of use?” There are two buttons indicating
liability claiming that its obligation was extinguished alternative responses: one is labeled “Agree”; the other
by reason of novation which took place when MSI is labeled “Disagree.”
accepted partial payments from Amoroso on its behalf.
The terms and conditions of use are not shown on the
Was the obligation of J.C. Construction to MSI screen. Neither is there a hyperlink that can be clicked
extinguished by novation? Why? (2014 BAR) that would reveal the terms and conditions of use of the
app being installed.
A: NO, the obligation of JC was not extinguished by novation.
Novation may either be objective or subjective. Subjective Curious why the terms and conditions of use are not
novation takes place by the substitution of debtor or available, you search the internet and come across
subrogation of a third person to the rights of the creditor. media articles revealing that the terms and conditions
Novation by substituting a new debtor may take place even of use allow the app provider to access a user’s contact
without the knowledge or against the will of the original list, emails, and browsing history. These pieces of
debtor but not without the consent of the creditor. information are sold to advertisers who, in turn, tailor
Moreover, novation must be expressed and it cannot be their emails to users so that they can engage in targeted
implied and there must be an agreement that the old advertising based on the user’s profiles.
obligation is extinguished. In the case of JC, it does not
appear that MSI had agreed to release JC from the Knowing that you are taking the #BestBarEver2020_21,
obligation. Hence, the obligation of JC was not extinguished. your significant other asks you this legal question: By
clicking on “Agree”, will there be a “meeting of the
A: Allan bought Billy’s property through Carlos, an minds” between the user and the app provider enabling
agent empowered with a special power of attorney access to the user’s contact list, emails, and browsing
(SPA) to sell the same. When Allan was ready to pay as history? Explain briefly. (2020-21 BAR)
scheduled, Billy called, directing Allan to pay directly to
him. On learning of this, Carlos, Billy's agent, told Allan
A: NO, there will be no meeting of the minds between the duty through some motive or interest or ill will that partake
app provider and the user even if the latter clicked the of the nature of fraud.
“Agree” button. A contract is defined as a meeting of the
minds between two persons whereby one binds himself Neither is Pinoy Airlines in bad faith since Sec. 3 of the
with respect to the other to do something or to render some Economic Regulation No. 7 of the Civil Aeronautics Board
service. (Art. 1305, NCC) It has three essential requisites provides that an overbooking that does not exceed ten
namely: consent, object, and cause or consideration. percent (10%) is not considered deliberate and therefore
Consent is manifested by the meeting of the offer and does not amount to bad faith.
acceptance upon the thing and the cause which are to
constitute the contract. (Art. 1318, NCC) Thus, the consent As a result, the Almedas are not entitled to recover moral
should pertain to the acceptance of the object and the cause. damages. Moral damages predicated upon a breach of
Based on these requisites, there could have been no valid contract of carriage may only be recoverable in instances
consent on the part of the user to terms and conditions that where the carrier is guilty of fraud or bad faith or when the
are not even made known by the app provider. If at all, the mishap resulted in the death of a passenger. Where in
consent given by the user pertains only to the use of the app breaching the contract of carriage the airline is not shown
and not for the app provider to gain access to the contact to have acted fraudulently or in bad faith, liability for
list, emails, and browsing history. (Bar Q&A by Paguirigan, damages is limited to the natural and probable consequence
2022) of the breach of the obligation which the parties had
foreseen or could have reasonably foreseen. In such a case
Q: Dr. and Mrs. Almeda are prominent citizens of the the liability does not include moral and exemplary damages.
country and are frequent travellers abroad. In 1996,
they booked round-trip business class tickets for the It is a requisite in the grant of exemplary damages that the
Manila-Hong Kong-Manila route of the Pinoy Airlines, act of the offender be accompanied by bad faith or done in
where they are holders of Gold Mabalos Class Frequent wanton, fraudulent or malevolent manner. Such requisite is
Flier cards. On their return flight, Pinoy Airlines absent in this case. Moreover, to be entitled thereto the
upgraded their tickets to first class without their claimant must first establish his right to moral, temperate,
consent and, despite their protestations to be allowed or compensatory damages. Since the Almedas are not
to remain in the business class so that they could be entitled to any of these damages, the award for exemplary
with their friends, they were told that the business class damages has no legal basis. And where the awards for moral
was already fully booked, and that they were given and exemplary damages are eliminated, so must the award
priority in upgrading because they are elite for attorney’s fees.
members/holders of Gold Mabalos Class cards. Since
they were embarrassed at the discussions with the The most that can be awarded for the breach of contract is
flight attendants, they were forced to take the flight at an award for nominal damages. Pinoy Airlines may be said
the first-class section apart from their friends who were to have disturbed the spouses’ wish to be with their
in the business class. Upon their return to Manila, they companions at the Business Class on their flight to Manila.
demanded a written apology from Pinoy Airlines. When (Cathay Pacific v. Spouses Vasquez, G.R. No. 150843, 14 Mar.
it went unheeded, the couple sued Pinoy Airlines for 2003)
breach of contract claiming moral and exemplary
damages, as well as attorney's fees. Will the action Q: Marvin offered to construct the house of Carlos for a
prosper? Give reasons. (2005, 2004 BAR) very reasonable price of P900,000.00, giving the latter
10 days within which to accept or reject the offer. On the
A: YES, Pinoy Airlines breached its contract of carriage by fifth day, before Carlos could make up his mind, Marvin
upgrading the seat accommodation of the Almedas without withdrew his offer. (2005 BAR)
their consent. The object of their contract was the
transportation of the Almedas from Manila to Hongkong (a) What is the effect of the withdrawal of Marvin's
and back to Manila, with seats in the business class section offer?
of the aircraft. They should have been consulted first
whether they wanted to avail themselves of the privilege A: NONE. The withdrawal of Marvin’s offer shall have no
and would consent to a change of seat accommodation. It effect because no contract has been perfected yet. Aside
should not have been imposed on them over their vehement from having no meeting of the minds between the parties,
objection. By insisting on the upgrade, Pinoy Airlines there was no consideration paid for the option. An option
breached its contract of carriage with the Almedas. contract is a separate contract from the contract, which is
the subject of the offer, and if not supported by any
However, the upgrading or the breach of contract was not consideration, the option contract is not deemed perfected.
attended by fraud or bad faith. They were not induced to Thus, Marvin’s withdrawal of offer shall have no effect.
agree to the upgrading through insidious words or deceitful
machination or through willful concealment of material (b) Will your answer be the same if Carlos paid
facts. Bad faith does not simply connote bad judgment or Marvin P10,000.00 as consideration for that
negligence; it imports a dishonest purpose or some moral option? Explain.
obliquity and conscious doing of a wrong, breach of a known
A: NO. If Carlos paid P10,000.00 as consideration for that create any obligation and cannot be ratified or validated, as
option, Marvin cannot withdraw the offer prior to there is no agreement to ratify or validate. In the other hand,
expiration of the option period. The option is a separate annullable or voidable contracts are valid until invalidated
contract and if founded on consideration is a perfected by the court but may be ratified.
option contract and must be respected by Marvin.
On inexistent contracts, one or more requisites of a valid
(c) Supposing that Carlos accepted the offer before contract are absent. In annullable contracts, all the elements
Marvin could communicate his withdrawal of a contract are present except that the consent of one of
thereof? Discuss the legal consequences. the contracting parties was vitiated or one of them has no
capacity to give consent.
A: If Carlos has already accepted the offer and such
acceptance has been communicated to Marvin before the Q: Jackie, 16, inherited a townhouse. Because she
latter communicates the withdrawal, the acceptance wanted to study in an exclusive school, she sold her
creates a perfected construction contract, even if no townhouse by signing a Deed of Sale and turning over
consideration was as yet paid for the option. If Marvin does possession of the same to the buyer. When the buyer
not perform his obligations under the perfected contract of discovered that she was still a minor, she promised to
construction, he shall be liable for all consequences arising execute another Deed of Sale when she turns 18. When
from the breach thereof based on any of the available Jackie turned 25 and was already working, she wanted
remedies which may be instituted by Carlos, such as specific to annul the sale and return the buyer’s money to
performance, or rescission with damages in both cases. recover her townhouse. Was the sale contract void,
voidable, or valid? Can Jackie still recover the property?
3. REFORMATION OF INSTRUMENTS Explain (2015 BAR)
Q: In a 20-year lease contract over a building, the lessee Jackie cannot recover the property. First, since the contract
is expressly granted a right of first refusal should the voidable, Jackie only had four (4) years from the time she
lessor decide to sell both the land and building. attained the age of majority to bring an action for
annulment of contract. (Art. 1391, NCC) In this case, Jackie
However, the lessor sold the property to a third person should have brought the action for annulment of the
who knew about the lease and in fact agreed to respect contract within four (4) years after turning 18 years old, or
it. Consequently, the lessee brings an action against up until the age of twenty-two (22). Since she is already 25
both the lessor-seller and the buyer (a) to rescind the years old, the period for the bring the action has prescribed.
sale and (b) to compel specific performance of his right Second, Jackie may be considered to have actively
of first refusal in the sense that the lessor should be misrepresented as to her age. Thus, she will be bound to the
ordered to execute a deed of absolute sale in favor of contract under the principle of estoppel. (UPLC Suggested
the lessee at the same price. The defendants contend Answers)
that the plaintiff can neither seek rescission of the sale
nor compel specific performance of a “mere” right of Q: Sometime in 1955, Tomas donated a parcel of land to
first refusal. Decide the case. (1998 BAR) his stepdaughter Irene, subject to the condition that she
may not sell, transfer or cede the same for twenty (20)
A: The action filed by the lessee, for both rescission of the years. Shortly thereafter, he died. In 1965, because she
offending sale and specific performance of the right of first needed money for medical expenses, Nene sold the land
refusal which was violated, should prosper. The ruling in to Conrado. The following year, Irene died, leaving as
Equatorial Realty Development, Inc. v. Mayfair Theater, Inc. her sole heir a son by the name of Armando. When
(G.R. No. 106063, 21 Nov. 1996), a case with similar facts, Armando learned that the land which he expected to
sustains both rights of action because the buyer in the inherit had been sold by Irene to Conrado, he filed an
subsequent sale knew the existence of right of first refusal, action against the latter for annulment of the sale, on
hence in bad faith. the ground that it violated the restriction imposed by
Tomas. Conrado filed a motion to dismiss, on the
6. VOIDABLE CONTRACTS ground that Armando did not have the legal capacity to
(2004, 1996, 1990 BAR) sue.
Q: Distinguish briefly but clearly between inexistent If you were the judge, how will you rule on this motion
and annullable contracts. (2004 BAR) to dismiss? Explain. (1996 BAR)
A: Inexistent contracts are considered as not having been A: As judge, I will grant the motion to dismiss. Armando has
entered into and, therefore, void ab initio. They do not no personality to bring the action for annulment of the sale
to Conrado. Only an aggrieved party to the contract may sale. (Art. 1434, NCC) If the seller cannot transfer ownership
bring the action for annulment thereof. (Art. 1397, NCC) over the thing sold at the time of delivery because he was
While Armando is heir and successor-in-interest of his not the owner thereof, he shall be liable for breach of
mother (Art. 1311, NCC), he, standing in place of his mother, contract
has no personality to annul the contract. Both are not
aggrieved parties on account of their own violation of the Q: Mr. P offered to sell his Manila Polo Club shares to Ms.
condition of, or restriction on, their ownership imposed by Q for P2,500,000.00. Ms. Q accepted on the condition
the donation. Only the donor or his heirs would have the that their agreement will not take effect until after one
personality to bring an action to revoke a donation for (1) year. Mr. P then acceded and both of them shook
violation of a condition thereof or a restriction thereon. hands. Excited about the prospect of acquiring Mr. P’s
(Garrido v. Court of Appeals, G.R. No. 101262, 14 Sept. 1994) shares, Ms. Q approached the former and offered to pay
Consequently, while the donor or his heirs were not parties him an earnest money equivalent to 1% of the purchase
to the sale, they have the right to annul the contract of sale price, which Mr. P accepted. After one (1) year, Ms. Q
because their rights are prejudiced by one of the contracting approached Mr. P seeking the enforcement of their
parties thereof. (DBP v. Court of Appeals, G.R. No. L-28774, 28 agreement for Mr. P to sell his shares to her. Mr. P
Feb. 1980; Teves v. PHHC, G.R. No. L-21498, 27 June 1968) refused to honor their agreement, claiming that the
Since Armando is neither the donor nor heir of the donor, same was covered by the Statute of Frauds because it
he has no personality to bring the action for annulment. was no reduced into writing and hence, unenforceable.
Q: X was the owner of a 10, 000 square meter property. Is the position of Mr. P correct? Explain (2019 BAR)
X married Y and out of their union, A, B and C were born.
After the death of Y, X married Z and they begot as A: NO, the position of P is incorrect. The Statute of Frauds
children, D, E and F. After the death of X, the children of only applies to purely executory contracts; partial
the first and second marriages executed an performance removes the contract from the ambit of the
extrajudicial partition of the aforestated property on Statute of Frauds and not to partially or completely
01 May 1970. D, E and F were given a one thousand executed contracts. Art. 1482, NCC provides that whenever
square meter portion of the property. They were earnest money is given in a contract of sale, it shall be
minors at the time of the execution of the document. D considered as part of the price and as proof of the perfection
was 17 years old, E was 14 and F was 12; and they were of the contract. The payment of earnest money, such as in
made to believe by A, B and C that unless they sign the this case, is tantamount to partial execution of the contract
document they will not get any share. Z was not present which precludes that application of the Statute of Frauds.
then. In January 1974, D, E, and F filed an action in court The contract has been partially performed and a benefit was
to nullify the suit alleging they discovered the fraud already accepted when the seller accepted earnest money
only in 1973. (1990 BAR) from the buyer. (Art. 1403(2(d), NCC); Averia v. Averia, G.R.
No. 141877, 13 Aug. 2004; Mactan-Cebu International
(a) Can the minority of D, E, and F be a basis to Airport Authority v. Tudtud, G.R. No. 174012, 14 Nov. 2008)
nullify the partition? Explain your answer (UPLC Suggested Answers)
A: YES. minority can be a basis to nullify the partition Q: Tess leased her 1,500 sq. m. lot in Antipolo City to
because D, E, and F were not properly represented by their Ruth for a period of three (3) years, from January 2010
parents or guardians at the time they contracted the to February 2013. On 19 Mar. 2011, Tess sent a letter to
extrajudicial partition. (Arts. 1327 & 1391, NCC) Ruth, part of which reads as follows: "I am offering you
to buy the property you are presently leasing at
(b)How about fraud? Explain your answer. P5,000.00 per sq. m. or for a total of P7,500,000.00. You
can pay the contract price by installment for two (2)
A: In the case of fraud, when through insidious words or years without interest. I will give you a period of one (1)
machinations of one of the other is induced to enter into the year from receipt of this letter to decide whether you
contract without which he would not have agreed to, the will buy the property."
action still prosper because under Art. 1391, NCC, in case of
fraud, the action for annulment may be brought within four After the expiration of the lease contract, Tess sold the
(4) years from the discovery of the fraud. property to her niece for a total consideration of P4
million. Ruth filed a complaint for the annulment of the
7. UNENFORCEABLE CONTRACTS sale, reconveyance and damages against Tess and her
(2019, 2014, 2012 BAR) niece. Ruth alleged that the sale of the leased property
violated her right to buy under the principle of right of
Q: May a person sell something that does not belong to first refusal.
them? (2012 BAR)
Is the allegation of Ruth tenable? (2014 BAR)
A: YES, a person may sell something which does not belong
to them. For the sale to be valid, the law does not require A: NO, the allegation of Ruth is not tenable. The letter
the seller to be the owner of the property at the time of the written by Tess did not grant a right of first refusal to Ruth.
At most, it is to be construed as an option contract whereby (c) A barter of toys executed by 12-year-old
Ruth was given the right to buy or not to buy the leased Clarence and 10-year-old Czar.
property. An option is itself not a purchase but it merely
secures the privilege to buy. However, the option is not valid A: The contract is unenforceable, because both parties,
because it was not supported by a cause or consideration being minors, are incapable of giving consent.
distinct from the price of the property. (Art. 1479, NCC) Also,
Ruth does not appear to have exercised her option before (d) A sale entered by Barri and Garri, both minors,
the offer was withdrawn by the subsequent sale of the which their parents later ratified.
property to the niece of Tess. (2009-2017 UST FCL Bar Q&A)
A: The contract is valid and may not be annulled by either
8. VOID OR INEXISTENT CONTRACTS party due to the ratification by the parents of Barri and
(2017, 2012, 2004, 1999, 1991 BAR) Garri, if done while both were still minors. Ratification
extinguishes the action to annul a voidable contract, or an
Q: Distinguish briefly but clearly between inexistent unenforceable contract, as in this case were both parties
contracts and annullable contracts. (2004 BAR) were minors and may be done by the parents, as guardians
of the minor children. (Art. 1407, NCC)
A: In inexistent contracts, one or more requisites of a valid
contract are absent. In anullable contracts, all the elements (e) Jenny’s sale of her car to Celestine in order to
of a contract are present except that the consent of one of evade attachment by Jenny’s creditors.
the contracting parties was vitiated or one of them has no
capacity to give consent. Inexistent contracts are A: The contract is rescissible because it is in fraud of
considered as not having been entered into and, therefore, creditors. (Art. 1381, NCC)
void ab initio. They do not create any obligation and cannot
be ratified or validated, as there is no agreement to ratify or Q: In 1950, the Bureau of Lands issued a Homestead
validate. On the other hand, annullable or voidable patent to A. Three years later, A sold the homestead to
contracts are valid until invalidated by the court but may be B. A died in 1990, and his heirs filed an action to recover
ratified. (2009-2017 UST FCL Bar Q&A) the homestead from B on the ground that its sale by
their father to the latter is void under Sec. 118 of the
Q: Briefly explain whether the following contracts are Public Land Act (PLA). B contends, however, that the
valid, rescissible, unenforceable, or void: (2012, 2017 heirs of A cannot recover the homestead from him
BAR) anymore because their action has prescribed and that
furthermore, A was in pari delicto. Decide. (1999 BAR)
(a) A contract of sale between Lana and Andy
wherein 16-year old Lana agreed to sell her A: The sale of the land by A to B three (3) years after
grand piano for P5, 000.00. issuance of the homestead patent, being in violation of Sec.
118 of the PLA, is void from its inception. The action filed by
A: The contract of sale is voidable, because Lana is a minor, the heirs of B to declare the nullity or inexistence of the
and is thus incapable of giving consent to a contract. contract and to recover the land should be given due course.
(b) A contract of lease of the Philippine Sea entered B’s defense of prescription is untenable because an action
by and between Mitoy and Elsa. which seeks to declare the nullity or inexistence of a
contract does not prescribe. (Art. 1410, NCC; Banga v. Soler,
A: The contract of sale is void, because its object, the G.R. No. L-15717, 30 June 1961)
Philippine Sea, is outside the commerce of men.
On the other hand, B’s defense of pari delicto is equally
ALTERNATIVE ANSWER: untenable. While as a rule, parties who are in pari delicto
have no recourse against each other on the principle that a
The contract of sale is void under Art. 1306, NCC because it transgressor cannot profit from his own wrongdoing, such
is against public policy. rule does not apply to violations of Sec. 118 of the PLA
because of the underlying public policy in the said Act “to
ALTERNATIVE ANSWER: conserve the land which a homesteader has acquired by
gratuitous grant from the government for himself and his
The contract of sale is void as it is prohibited by a treaty, family”. In keeping with this policy, it has been held that one
which is considered binding law in the Philippines. who purchases a homestead within the five-year
prohibitory period can only recover the price which he has
NOTE: Under Art. 137 of the UNCLOS, the Philippine Sea is paid by filing a claim against the estate of the deceased
governed by the following mandates: [xxx] (b) No State or seller. (Labrador vs. Delos Santos, G.R. No. L-4094, 29 Nov.
natural or juridical person shall appropriate any part 1951) under the principle that no one shall enrich himself at
thereof [xxx] the expense of another. Applying the pari delicto rule to
violations of Sec. 118 of the PLA, the CA has ruled that “the
homesteader suffers the loss of the fruits realized by the
(c) If the sale is void, did it not nevertheless, A: Laches means failure or neglect, for an unreasonable and
operate to divest Maria of her ownership? If it unexplained length of time, to do what, by exercising due
did, who then is the owner of the property? diligence, could or should have been done earlier. It is
negligence or omission to assert a right within a reasonable
A: NO, the sale did not divest Maria of her title precisely time. (De Vera v. Court of Appeals, G.R. No. 97761, 14 Apr.
because the sale is void. It is as good as if no sale ever took 1999)
place.
(b) Decide the case, stating your reasons for your
In tax sales, the owner is divested of his land initially upon decision.
award and issuance of a Certificate of Sale, and finally after
the lapse of the one-year period from date of registration, to A: While Art. 1413 of the Spanish Civil Code did not require
redeem, upon execution by the treasurer of an instrument the consent of the wife for the validity of the sale, an
sufficient in form and effects to convey the property. Maria alienation by the husband in fraud of the wife is void as held
remained owner of the land until another tax sale is to be in Uy Coque v. Navas (G.R. No. L-20392, 20 Nov. 1923).
performed in favor of a qualified buyer. Assuming that the alienation in 1948 was in fraud of Winda
and, therefore, makes the sale to Verde void, the action to
set aside the sale, nonetheless, is already barred by Sec. 56 of PD No. 1529, the Deed of Sale to Renren is
prescription and laches. More than 52 years have already considered registered from the time the sale was entered in
elapsed from her discovery of the sale in 1950. the Day Book (now called the Primary Entry Book). For all
legal intents and purposes, Renren is considered the
Q: In an action brought to collect a sum of money based registered owner of the land. After all, it was not his fault
on a surety agreement, the defense of laches was raised that the Registry of Deeds could not issue the corresponding
as the claim was filed more than seven years from the transfer certificate of title. Mikaelo's defense of prescription
maturity of the obligation. However, the action was cannot be sustained. A Torrens title is imprescriptible. No
brought within the ten-year prescriptive period title to registered land in derogation of the title of the
provided by law wherein actions based on written registered owner shall be acquired by prescription or
contracts can be instituted. (2000 BAR) adverse possession. (Sec. 47, P.D. No. 1529) The right to
recover possession of registered land likewise does not
(a) Will the defense prosper? Reason. prescribe because possession is just a necessary incident of
ownership.
A: NO, the defense will not prosper. The problem did not
give facts from which laches may be inferred. Mere delay in (b)laches, asking that he be declared owner of the
filing an action, standing alone, does not constitute laches. land.
(Agra v. PNB, G.R. No. 133317, 29 June 1999)
A: Mikaelo's defense of laches, however, appears to be more
(b)What are the essential elements of laches? sustainable. Renren bought the land and had the sale
registered way back in 1965. From the facts, it appears that
A: The four basic elements of laches are: it was only in 1998 or after an inexplicable delay of 33 years
1. Conduct on the part of the defendant or of one that he took the first step asserting his right to the land. It
under whom they claim, giving rise to the situation was not even an action to recover ownership but only
of which complainant seeks a remedy; possession of the land. By ordinary standards, 33 years of
2. Delay in asserting the complainant’s rights, the neglect or inaction is too long and may be considered
complainant having had knowledge or notice of the unreasonable. As often held by the Supreme Court, the
defendant’s conduct and having been afforded an principle of imprescriptibility sometimes has to yield to the
opportunity to institute suit; equitable principle of laches which can convert even a
3. Lack of knowledge on the part of the defendant that registered landowner’s claim into a stale demand. Mikaelo's
the complainant would assert the right on which he claim of laches, however, is weak insofar as the element of
bases his suit; and equity is concerned, there being no showing in the facts how
4. Injury or prejudice to the defendant in the event he entered into the ownership and possession of the land.
relief is accorded to the complainant, or the suit is
not held to be barred.
E. TRUSTS
Q: In 1965, Renren bought from Robyn a parcel of
registered land evidenced by a duly executed deed of
sale. The owner presented the deed of sale and the
KINDS OF TRUSTS
owner's certificate of title to the Register of Deeds. The
(2007, 1995, 1993 BAR)
entry was made in the daybook and corresponding fees
were paid as evidenced by official receipt. However, no
CONSTRUCTIVE TRUST
transfer of certificate of title was issued to Renren
because the original certificate of title in Robyn's name
Q: Explain the concept of trust de son tort (Constructive
was temporarily misplaced after fire partly gutted the
Trust) (2007 BAR)
Office of the Register of Deeds. Meanwhile, the land had
been possessed by Robyn's distant cousin, Mikaelo,
A: A constructive trust is a trust not created by any word or
openly, adversely and continuously in the concept of
phrase, either expressly or impliedly, evincing a direct
owner since 1960. It was only in April 1998 that Renren
intention to create a trust, but is one that arises in order to
sued Mikaelo to recover possession. Mikaelo invoked:
satisfy the demands of justice. It does not come about by
agreement or intention but mainly operation of law and
Decide the case by evaluating these defenses. (1998
construed as a trust against one who, by fraud, duress or
BAR)
abuse of confidence, obtains or holds the legal right to
property which he ought not, in equity and good conscience,
(a) acquisitive prescription
to hold. (Heirs of Lorenzo Yap v. Court of Appeals, G.R. No.
133047, 17 Aug. 1999)
A: Renren's action to recover possession of the land will
prosper. In 1965, after buying the land from Robyn, he
submitted the Deed of Sale to the Registry of Deeds for
registration together with the owner's duplicate copy of the
title, and paid the corresponding registration fees. Under
The following are examples of constructive trust: in 1992 is not yet barred by prescription.
1. Art. 1456, NCC which provides: “If property is Q: Joaquin Reyes bought from Julio Cruz a residential
acquired through mistake or fraud, the person lot of 300 square meters in Quezon City for which
obtaining it is, by force of law considered a trustee of Joaquin paid Julio the amount of P300,000.00. When
an implied trust for the benefit of the person from the deed was about to be prepared Joaquin told Julio
whom the property comes.” that it be drawn in the name of Joaquina Roxas, his
acknowledged natural child. Thus, the deed was so
2. Art. 1451, NCC which provides: “When land passes by prepared and executed by Julio. Joaquina then built a
succession to any person and he causes the legal title house on the lot where she, her husband and children
to be put in the name of another, a trust is established resided. Upon Joaquin’s death, his legitimate children
by implication of law for the benefit of the true-owner.” sought to recover possession and ownership of the lot,
claiming that Joaquina Roxas was but a trustee of their
3. Art. 1454, NCC which provides: “If an absolute father.
conveyance of property is made in order to secure the
performance of an obligation of the grantor toward the Will the action against Joaquina Roxas prosper? (1993
grantee, a trust by virtue of law is established. If the BAR)
fulfillment of the obligation is offered by the grantor
when it becomes due, he may demand the A: YES, because there is a presumed donation in favor of
reconveyance of the property to him.” Joaquina under Art. 1448 of the NCC. (De Los Santos v. Reyes,
G.R. No. L-45027, 27 Jan. 1992) However, the donation
4. Art. 1455, NCC which provides: “When any trustee, should be collated to the hereditary estate and the legitime
guardian or other person holding a fiduciary of the other heirs should be preserved.
relationship uses trust funds for the purchase of
property, and causes the conveyance to be made to
him or to a third person, a trust is established to whom F. QUASI-CONTRACT
the findings belong. (2004, 1995, 1993, 1992 BAR)
IMPLIED TRUST
Q: DPO went to a store to buy a pack of cigarettes worth
Q: In 1980, Maureen purchased two lots in a plush
P225.00 only. He gave the vendor, RRA, a P500-peso
subdivision registering Lot 1 in her name and Lot 2 in
bill. The vendor gave him the pack plus P375.00 change.
the name of her brother Walter with the latter’s
Was there a discount, an oversight, or an error in the
consent. The idea was to circumvent a subdivision
amount given? What would be DPO’s duty, if any, in case
policy against the acquisition of more than one lot by
of an excess in the amount of change given by the
one buyer. Maureen constructed a house on Lot 1 with
vendor? How is this situational relationship between
an extension on Lot 2 to serve as a guest house. In 1987,
DPO and RRA denominated? Explain. (2004 BAR)
Walter who had suffered serious business losses
demanded that Maureen remove the extension house
A: There was error in the amount of change given by RRA.
since the lot on which the extension was built was his
This is a case of solutio indebiti in that DPO received
property.
something that is not due them. They have the obligation to
return the P100.00; otherwise, they will unjustly enrich
In 1992, Maureen sued for the reconveyance to her of
themselves at the expense of RRA. (Art. 2154, NCC)
Lot 2 asserting that a resulting trust was created when
she had the lot registered in Walter’s name even if she
DPO has the duty to return to RRA the excess P100 as
paid the purchase price. Walter opposed the suit
trustee under Art. 1456, NCC which provides: If property is
arguing that assuming the existence of a resulting trust
acquired through mistake or fraud, the person obtaining it
the action of Maureen has already prescribed since ten
is, by force of law, considered a trustee of an implied trust
(10) years have already elapsed from the registration
for the benefit of the person from whom the property
of the title in his name.
comes. There is, in this case, an implied or constructive trust
in favor of RRA.
Decide. Discuss fully. (1995 BAR)
(b) Upon the return of X to the barangay, what are Title to the property shall be transferred upon full
the obligations of Y to X as regards the contract payment of ₱900,000.00 on or before 15 Feb. 2016.
with Z? After making the initial payment of ₱100,000.00 on 15
Oct. 2015, and the second instalment of ₱200,000.00 on
A: Y must render an account of his operations and deliver to 15 Nov. 2015, Bernadette defaulted despite repeated
X the price he received for the sale of the harvested fish. demands from Alice.
(Art. 2145, NCC)
In December 2016, Bernadette offered to pay her
(c) Upon X's return, what are the obligations of X as balance, but Alice refused and told her that the land was
regards Y's contract with W? no longer for sale. Due to the refusal, Bernadette caused
the annotation of her adverse claim upon TCT No.
A: X must pay the loan obtained by Y from W because X must 12345 on 19 Dec. 2016. Later on, Bernadette
answer for obligations contracted with third persons in the discovered that Alice had sold the property to Chona on
interest of the owner. (Art. 2150, NCC) 05 Feb. 2016, and that TCT No. 12345 had been
cancelled and another one issued (TCT No. 67891) in
(d) What legal effects will result if X expressly favor of Chona as the new owner.
ratifies Y's management and what would be the
obligations of X in favor of Y? Bernadette sued Alice and Chona for specific
performance, annulment of sale and cancellation of
A: Express ratification by X provides the effects of an TCT No. 67891. Bernadette insisted that she had
express agency and X is liable to pay the commissions entered into a contract of sale with Alice; and that
habitually received by the gestor as manager. (Art. 2149, because Alice had engaged in double sale, TCT No.
NCC) 67891 should be cancelled and another title be issued
in Bernadette's favor.
Q: Tess leased her 1,500 sq.m. lot in Antipolo City to A: YES, the suit will prosper. The sale was void because
Ruth for a period of three (3) years from January 2010 Linda did not give her written consent to the sale. In Jader-
to February 2013. On 09 Mar. 2011, Tess sent a letter to Manalo v. Camaisa (G.R. No. 147978, 23 Jan. 2002), the
Ruth, part of which reads as follows: Supreme Court has ruled that the sale of conjugal property
is void if both spouses have not given their written consent
“I am offering you to buy the property you are to it and even if the spouse who did not sign the Deed of Sale
presently leasing at P5,000,00 per sq.m. or for a participated in the negotiation of the contract. In Abalos v.
total P7,500,000.00. You can pay the contract Macatangay Jr. (G.R. No. 155043, 30 Sept. 2004), the
price by installment for two (2) years without Supreme Court even held that for the sale to be valid, the
interest. I will give you a period of one (1) year signatures of the spouses to signify their written consent
from receipt of this letter to decide whether you must be on the same document. In this case, Linda, although
will buy the property.” she was the one who negotiated the sale, did not give her
written consent to the sale. Hence, the sale is void. However,
After the expiration of the lease contract, Tess sold the Linda will not be entitled to damages because Ray is not in
property to her niece for a total consideration of any way in bad faith.
P4,000,000.00. Ruth filed a complaint for the
annulment of the sale, reconveyance, and damages (b)Does Ray have any cause of action against Biong
against Tess and her niece. Ruth alleged that the sale of and Linda? Can he also recover damages from
the leased property violated her right to buy under the the spouses? Explain.
principle of right of first refusal.
A: YES, Ray has a cause of action against Linda and Biong
Is the allegation of Ruth tenable? (2014 BAR) for the return of the 2 million pesos he paid for the property.
He may recover damages from the spouses, if it can be
A: The allegation of Ruth is untenable. There was no right of proven that they were in bad faith in backing out from the
first refusal offered to her, the wording of the letter can at contract, as this is an act contrary to morals and good
most be considered a mere offer to sell or lease with an customs under Arts. 19 and 21, NCC.
option to buy.
Q: Bert offers to buy Simeon’s property under the
In Sanchez v. Rigos (G.R. No. L-25494, 14 June 1972), the following terms and conditions: P1 million purchase
Court held that in order that a unilateral promise to buy or price, 10% option money, the balance payable in cash
to sell may be binding upon the promisor. Article 1479 of upon the clearance of the property of all illegal
the NCC requires that the said promise be supported by a occupants. The option money is promptly paid, and
consideration distinct from the price. The promisor cannot Simeon clears the property of illegal occupants in no
be compelled to comply with the promise, unless the time at all. However, when Bert tenders payment of the
existence of a consideration distinct from the price is balance and ask Simeon for the deed for absolute sale,
established. In the present case, there was no valuable or Simeon suddenly has a change of heart, claiming that
independent consideration, thus, it cannot be classified as a the deal is disadvantageous to him as he has found out
unilateral promise to sell, but only a mere offer to sell. Since that the property can fetch three time the agreed
there was no valuable or independent consideration, it was purchase price. Bert seeks specific performance but
not an option contract but a mere option to buy, which may Simeon contends that he has merely given Bert an
option to buy and nothing more, and offers to return the Is the sale valid, void or voidable? Explain your answer.
option money which Bert refuses to accept. (2002, 1993 (2017 BAR)
BAR)
A: The sale of the parcel of land is void. There is no
(a) Will Bert’s action for specific performance indication in the facts that Danny and Elsa executed a
prosper? Explain. marriage settlement prior to their marriage. As the
marriage was celebrated during the effectivity of the Family
A: Bert’s action for specific performance will prosper Code, absent a marriage settlement, the property regime
because there was a binding agreement of sale, not just an between the spouses is the Absolute Community of
option contract. The sale was perfected upon acceptance by Property (ACP). Under the ACP regime, the parcel of land
Simeon of 10% of the agreed price. This amount is in really belongs to the community property as the property he had
earnest money which, under Art. 1482, NCC “shall be brought into the marriage even if said property were
considered as part of the price and as proof of the perfection registered in the name of Danny. Therefore, the sale of the
of the contract”. (Topacio v. Court of Appeals, G.R. No. property is void because it was executed without the
102606, 03 July 1992; Villongco Realty v. Bormaheco, G.R. No. authority of the court or the written consent of the other
L-26872, 25 July 1975) spouse.
of title of her predecessor-in-interest. Under the Torrens a priority in right. What creates bad faith in the case of
system, a buyer of registered lands is not required by law to double sale of land is knowledge of a previous sale.
inquire further than what the Torrens certificated indicates
on its face. If a person proceeds to buy it relying on the title, (b) The second sale is registered ahead of the
that person is considered a buyer in good faith. The “priority first sale, with knowledge of the latter?
in time” rule could not be invoked by XYZ Bank because the Why? (2001 BAR)
foreclosure sale of the land in favor of the bank was
recorded under Act No. 3344, the law governing A: The first buyer is still to be preferred, where the second
transactions affecting unregistered land, and thus, does not sale is registered ahead of the first sale but with knowledge
bind the land. of the latter. This is because the second buyer, who at the
time he registered his sale knew that the property had
(b) Who as between Dehlma and XYZ Bank has already been sold to someone else, acted in bad faith. (Art.
a better right to the house and lot? 1544, NCC)
A: Between Dehlma and the bank, the former has a better Q: In December 1985, Salvador and the Star
right to the house and lot. Semiconductor Company (SSC) executed a Deed of
Conditional Sale wherein the former agreed to sell his
Q: JV, owner of a parcel of land, sold it to PP. But the 2,000 square meter lot in Cainta, Rizal, to the latter for
deed of sale was not registered. One year later, JV sold the price of P1,000,000.00, payable P100,000.00 down,
the parcel again to RR, who succeeded to register the and the balance 60 days after the squatters in the
deed and to obtain a transfer certificate of title over the property have been removed. If the squatters are not
property in his own name. removed within six months, the P100,000.00 down
payment shall be returned by the vendor to the vendee.
Who has a better right over the parcel of land, RR or PP?
Why? Explain the legal basis for your answer. (2004, Salvador filed ejectment suits against the squatters, but
2001 BAR) in spite of the decisions in his favor, the squatters still
would not leave. In August 1986, Salvador offered to
A: It depends on whether or not RR is an innocent purchaser return the P100,000.00 down payment to the vendee,
for value. Under the Torrens System, a deed or instrument on the ground that he is unable to remove the squatters
operated only as a contract between the parties and as on the property. SSC refused to accept the money and
evidence of authority to the Register of Deeds to make the demands that Salvador executed a deed of absolute sale
registration. It is the registration of the deed or the of the property in its favor at which time it will pay the
instrument that is the operative act that conveys or affects balance of the price. Incidentally, the value of the land
the land. (Sec. 51, P.D. No. 1529) had doubled by that time.
In cases of double sale of titled land, it is a well-settled rule Salvador consigned the P100,000.00 in court, and filed
that the buyer who first registers the sale in good faith an action for rescission of the deed of conditional sale,
acquires a better right to the land. (Art. 1544) plus damages. Will the action prosper? Explain. (1996
BAR)
Persons dealing with property covered by Torrens title are
not required to go beyond what appears on its face. A: NO, the action will not prosper. The action for rescission
(Orquiola v. Court of Appels, G.R. No. 141463, 06 Aug. 2002; may be brought only by the aggrieved party to the contract.
Sps. Domingo v. Races, G.R. No. 147468, 09 Apr. 2003) Thus, Since it was Salvador who failed to comply with his
absent any showing that RR knew about, or ought to have conditional obligation, he is not the aggrieved party who
known the prior sale of the land to PP or that he acted in bad may file the action for rescission but the SSC. The company,
faith, and being first to register the sale, RR acquired a good however, is not opting to rescind the contract but has
and a clean title to the property as against PP. chosen to waive Salvador’s compliance with the condition
which it can do under Art. 1545, NCC.
Q: On 15 June 1995, Jesus sold a parcel of registered
land to Jaime. On 30 June 1995, he sold the same land to Q: Pablo sold his car to Alfonso who issued a postdated
Jose. Who has a better right if: check in full payment therefore. Before the maturity of
the check, Alfonso sold the car to Gregorio who later
(a) The first sale is registered ahead of the sold it to Gabriel. When presented for payment, the
second sale, with knowledge of the latter. check issued by Alfonso was dishonored by the drawee
Why? bank for the reason that he, Alfonso, had already closed
his account even before he issued his check.
A: The first buyer has the better right if his sale was first to
be registered, even though the first buyer knew of the Pablo sued to recover the car from Gabriel alleging that
second sale. The fact that he knew of the second sale at the he had been unlawfully deprived of it by reason of
time of his registration does not make him as acting in bad Alfonso’s deception. Will the suit prosper? (1991 BAR)
faith because the sale to him was ahead in time, hence, has
A: NO, the suit will not prosper because Pablo was not
unlawfully deprived of the car although he was unlawfully E. OBLIGATIONS OF VENDEE
deprived of the price. The perfection of the sale and the (2014, 2003, 2000, 1993 BAR)
delivery of the car was enough to allow Alfonso to have a
right of ownership over the car, which can be lawfully
transferred to Gregorio. Art. 559 of the NCC applies only to
Q: Priscilla purchased a condominium unit in Makati
a person who is in possession in good faith of the property,
City from the Citiland Corporation for a price of P10
and not to the owner thereof. Alfonso, in the problem, was
Million, payable P3 Million down and the balance with
the owner, and, hence, Gabriel acquired the title to the car.
interest thereon at 14% per annum payable in sixty
(60) equal monthly installments of P198,333.33. They
Non-payment of the price in a contract of sale does not
executed a Deed of Conditional Sale in which it is
render ineffective the obligation to deliver.
stipulated that should the vendee fail to pay three (3)
successive installments, the sale shall be deemed
The obligation to deliver a thing is different from the
automatically rescinded without the necessity of
obligation to pay its price. (EDCA Publishing Co. v. Sps.
judicial action and all payments made by the vendee
Santos, G.R. No. 80298, 26 Apr. 1990)
shall be forfeited in favor of the vendor by way of rental
for the use and occupancy of the unit and as liquidated
Q: D sold a second-hand car to E for P150,000.00. The
damages. For 46 months, Priscilla paid the monthly
agreement between D and E was that half of the
installments religiously, but on the 47th and 48th
purchase price or P75,000.00 shall be paid in five equal
months, she failed to pay. On the 49th month, she tried
monthly instalments of P15,000.00 each. That car was
to pay the installments due, but the vendor refused to
delivered to E, and E paid the amount of P75,000.00 to
receive the payments tendered by her. The following
D. Less than one month thereafter, the car was stolen
month, the vendor sent her a notice that it was
from E’s garage with no fault on E’s part and was never
rescinding the Deed of Conditional Sale pursuant to the
recovered.
stipulation for automatic rescission, and demanded
that she vacate the premises. She replied that the
Is E legally bound to pay the said unpaid balance of
contract cannot be rescinded without judicial demand
P75,000.00? Explain your answer. (1990 BAR)
or notarial act pursuant to Art. 1592, NCC. (2014, 2010
BAR)
A: YES, E is legally bound to pay the balance of P75,000.00.
The ownership of the car sold was acquired by E from the
a) Is Art. 1592 applicable?
moment it was delivered to him. Having acquired
ownership. E bears the risk of the loss under the doctrine of
A: Art. 1592, NCC does not apply to a conditional sale. In
res perit domino. (Arts. 1496 & 1497, NCC)
Valarao v. Court of Appeals (G.R. No. 130347, 03 Mar. 1999),
the Court held that Art. 1592 applies only to a contract of
Q: A granted B the exclusive right to sell his brand of
sale and not to a Deed of Conditional Sale where the seller
Maong pants in Isabela, the price for his merchandise
has reserved title to the property until full payment of the
payable within sixty (60) days from delivery, and
purchase price. The law applicable is the Maceda Law.
promising B a commission of 20% on all sales. After the
delivery of the merchandise to B but before he could
b) Can the vendor rescind the contract?
sell any of them, B’s store in Isabela was completely
burned without his fault, together will all of A’s pants.
A: NO, the vendor cannot rescind the contract under the
Must B pay A for his lost pants? Why? (1999 BAR)
circumstances. Under the Maceda Law, which is the law
applicable, the seller on installment may not rescind the
A: YES, B must pay A. The contract between A and B is a sale
contract until after the lapse of the mandatory grace period
not an agency to sell because the price is payable by B upon
of 30 days for every one year of installment payments, and
60 days from delivery even if B is unable to resell it. If B
only after 30 days from notice of cancellation or demand for
were an agent, he is not bound to pay the price if he is unable
rescission by a notarial act. In this case, the refusal of the
to resell it.
seller to accept payment from the buyer on the 49th month
was not justified because the buyer was entitled to 60 days
As a buyer, ownership passed to B upon delivery and, under
grace period and the payment was tendered within that
Art. 1504, NCC, the thing perishes for the owner. Hence, B
period. Moreover, the notice of rescission served by the
must still pay the price.
seller on the buyer was not effective because the notice was
not by a notarial act. Besides, the seller may still pay within
30 days from such notarial notice before rescission may be
effected. All these requirements for a valid rescission were
not complied with by the seller. Hence, the rescission is
invalid.
the part of Paul to contest the rescission within thirty 2. In case the installments paid were less than 2 years,
(30) days from receipt of said letter shall mean that the the seller shall give the buyer a grace period of not
latter agreed to the rescission. less than 60 days. If the buyer fails to pay the
installments due at the expiration of the grace
Paul did not reply to this letter for five (5) years. Thus, period, the seller may cancel the contract after 30
Peter decided to sell his lot to Henry in 2021. After days from receipt by the buyer of the notice of
hearing that Henry bought the lot, Paul now questions cancellation or demand for rescission by notarial
the sale of the lot to Henry and files a complaint for act.
nullification of the sale. (2016 BAR)
The Recto Law (Art. 1484, NCC) refers to sale of movables
(a) Is the exercise by Peter of his power to payable in installments and limiting the right of seller, in
rescind extra-judicially the Contract to Sell case of default by the buyer, to one of three remedies:
the proper and legal way of rescinding said
contract? Explain. 1. Exact fulfillment;
2. Cancel the sale if two or more installments have not
A: YES, Peter validly rescinded the contract to sell his lot to been paid; or
Paul for the latter’s failure to comply with the prestation to 3. Foreclose the chattel mortgage on the things sold,
pay P1,000,000 on 06 Nov. 2016 at 1:00pm at the residence also in case of default of two or more installments,
of Peter so that Peter will execute the Deed of Absolute Sale. with no further action against the purchaser.
The recission is actually the resolution of the reciprocal
obligation. Q: Sonny Inc., (SI) purchased several heavy machineries
from Single Equipment Philippines, Inc. (SEP) for PhP
(b) In case Paul made a down payment 10 million, payable in 36 monthly installments. A
pursuant to a stipulation in the Contract to chattel mortgage was constituted on the same
Sell, what is the legal remedy of Peter? machineries as security for the amount. As additional
security, the President of SI, Stan Smith, mortgaged his
A: If Paul made a down payment, Peter may still cancel the personal house and lot. SI failed to pay the 16th and
contract because in a contract to sell, the seller does not yet succeeding monthly installments. SEP then commenced
agree to transfer ownership to the buyer. The non-payment a collection suit against SI, and in the course of the
of the price in a contract to sell is not a breach for which the proceedings, a writ of attachment was issued against
remedy of rescission may be availed of, but rather it is SI’s properties, including the mortgaged machineries.
considered as a failure to comply with a positive suspensive The attached properties were subsequently sold at
condition which will prevent the obligation of the seller to public action, but the proceeds thereof were
convey title from acquiring obligatory force. (Ursal v. Court insufficient to satisfy the judgment credit. (2018 BAR)
of Appeals, GR No. 142411, 14 Oct. 2005)
(a) Can SEP legally recover the deficiency?
1. REMEDIES
A: YES, SEP can legally recover the deficiency. The
2. RECTO LAW AND MACEDA LAW prohibition against further collection under Art. 1484 or the
Recto Law, only applies if the seller chooses to foreclose the
Q: What are the so-called "Maceda" and "Recto" laws in chattel mortgage and not when the seller opts to exact the
connection with sales on installments? Give the most fulfillment of the obligation. (Tajanlangit v. Southern Motors,
important features of each law. (1999 BAR) G.R. 10789, 28 May 1957) SEP chose to exact the fulfillment
of the obligation by commencing a collection suit against SI.
A: The Maceda Law (R.A. No. 6552) is applicable to sales of SEP did not opt to foreclose the chattel mortgage over the
immovable property on installments. The most important equipment. The machineries were sold in an execution sale
features are (Rillo v. Court of Appeals, G.R. No. 125347, 19 and not in a foreclosure sale; hence, the prohibition against
June 1997): further collection does not apply.
1. After having paid installments for at least two (b) Instead of collecting the deficiency, can SEP
years, the buyer is entitled to a mandatory grace commence extrajudicial proceedings to
period of one month for every year of installment foreclose the mortgage on Stan’s house and
payments made, to pay the unpaid installments lot in order to recover the deficiency?
without interest. If the contract is cancelled, the
seller shall refund to the buyer the cash surrender A: YES, SEP can commence extrajudicial proceedings to
value equivalent to fifty percent (50%) of the total foreclose the mortgage. SEP may choose to foreclose the
payments made, and after five years of mortgage on Stan’s house and lot. What SEP is prohibited to
installments, an additional five percent (5%) every do, based on the case Cruz v. Filipinas Investment & Finance
year but not to exceed ninety percent (90%) of the Corporation (G.R. No. L-24772, 27 May 1968), is to
total payments made. extrajudicially foreclose the mortgage after it has
extrajudicially foreclosed the chattel mortgage on the
machineries sold on instalment, because if such is allowed, (a) Until when must A exercise his right of
the protection given by Art. 1484 would be indirectly repurchase?
subverted, and public policy overturned. In this case, SEP
has not foreclosed the chattel mortgage over the A: A can exercise his right of repurchase within four (4)
machineries. years from the date of the contract. (Art. 1606, NCC)
purporting to be a sale with right to repurchase shall be Q: On 20 Dec. 1970, Juliet, a widow, borrowed from
construed as an equitable mortgage. Romeo P4,000.00 and, as security therefore, she
executed a deed of mortgage over one of her two (2)
Q: On 14 July 2004, Pedro executed in favor of Juan a registered lots which has a market value of P15,000.00.
Deed of Absolute Sale over a parcel of land covered by The document and the certificate of title of the property
TCT No. 6245. It appears in the Deed of Sale that Pedro were delivered to Romeo.
received from Juan P120,000.00 as purchase price.
However, Pedro retained the owner's duplicate of said On 02 June 1971, Juliet obtained an additional sum of
title. Thereafter, Juan, as lessor, and Pedro, as lessee, P3,000.00 from Romeo. On this date, however, Romeo
executed a contract of lease over the property for a caused the preparation of a deed of absolute sale of the
period of one (1) year with a monthly rental of above property, to which Juliet affixed her signature
P1,000.00. Pedro, as lessee, was also obligated to pay without first reading the document. The consideration
the realty taxes on the property during the period of indicated is P7,000.00 She thought that this document
lease. was similar to the first she signed. When she reached
home, her son X, after reading the duplicate copy of the
Subsequently, Pedro filed a complaint against Juan for deed, informed her that what she signed was not a
the reformation of the Deed of Absolute Sale, alleging mortgage but a deed of absolute sale. On the following
that the transaction covered by the deed was an day, 03 June 1971, Juliet accompanied by X, went back
equitable mortgage. In his verified answer to the to Romeo and demanded the reformation. Romeo
complaint, Juan alleged that the property was sold to prepared and signed a document wherein, as vendee in
him under the Deed of Absolute Sale, and interposed the deed of sale abovementioned, he obligated and
counterclaims to recover possession of the property bound himself to resell the land to Juliet or her heirs
and to compel Pedro to turn over to him the owner's and successors for the same consideration as reflected
duplicate of title. in the deed of sale (P7,000.00) within a period of two
(2) years, or until 03 June 1973. It is further stated
Resolve the case with reasons. (2005 BAR) therein that should the Vendor (Juliet) fail to exercise
her right to redeem within the said period, the
A: An equitable mortgage arises from a transaction, conveyance shall be deemed absolute and irrevocable.
regardless of its form, which results into a security, or an Romeo did not take possession of the property. He did
offer or attempt to pledge land as security for a debt or not pay the taxes thereon.
liability. Its essence is the intent of the parties to create a
mortgage, lien or charge on the property sufficiently Juliet died in January 1973 without having repurchased
described or identified to secure an obligation, which intent the property. Her only surviving heir, her son X, failed
must be clearly established in order that such a mortgage to repurchase the property on or before 03 June 1973.
may exist. In 1975, Romeo sold the property to Y for P50,000.00.
Upon learning of the sale, X filed an action for the
Defendant’s defense that he acquired the land through an nullification of the sale and for the recovery of the
Absolute Deed of Sale and not through pacto de retro is property on the ground that the so-called deed of
untenable. The presumption of equitable mortgage under absolute sale executed by his mother was merely an
Art. 1602 of the NCC equally applies to a contract equitable mortgage, taking into account the inadequacy
purporting to be an absolute sale. (Art. 1604, NCC) The facts of the price and the failure of Romeo to take possession
and circumstances that Pedro retained possession of the of the property and to pay the taxes thereon. Romeo
Owner’s and Y maintain that there was a valid absolute sale and
that the document signed by the former on 03 June
Duplicate Copy of the Certificate of Title; that he remained 1973 was merely a promise to sell. (1991 BAR)
in possession of the land as lessee; that he bound himself to
pay the realty taxes during the period of lease, are matters (a) If you were the Judge, would you uphold the
collectively and strongly indicating that the Deed of theory of X?
Absolute Sale is an equitable mortgage. In case of doubt, the
Deed of Absolute Sale should be considered as a loan with A: If I were the Judge, I will not uphold the theory of X for
mortgage, because this juridical relation involves a lesser the nullification of the sale and for the recovery of the
transmission of rights and interests. property on the ground that the so-called sale was only an
equitable mortgage. An equitable mortgage may arise only
If the transaction is proven to be an equitable mortgage, if, in truth, the sale was one with the right of repurchase.
Pedro’s prayer for reformation of the instrument should be The facts of the case state that the right to repurchase was
granted in accordance with Art. 1605, NCC. Thus, in case of granted after the absolute deed of sale was executed.
non-payment, he may foreclose the mortgage and Following the rule in Vda. de Cruzo v. Carriaga Jr. (G.R. Nos.
consolidate his ownership of the land. In that event, Juan’s 75109-10 28 June 1989), a deed of repurchase executed
counterclaim to recover possession of the land and to independently of the deed of sale where the two
compel Pedro to surrender the Owner’s Duplicate Copy of stipulations are found in two instruments instead of one
the title becomes a consequential right. document, the right of repurchase would amount only to
one option granted by the buyer to the seller. Since the redeem her share from Emma, but the latter replied
contract cannot be upheld as a contract of sale with the right that Betty's right to redeem has already prescribed. Is
to repurchase, Art. 1602, NCC on equitable mortgage will Emma correct or not? Why? (2001 BAR)
not apply. The rule could have been different if both deeds
were executed on the same occasion or date, in which case, A: NO, Emma, the buyer, is not correct. Betty can still
under the ruling in Sps. Claravall v. Court of Appeals (G.R. No. enforce her right of legal redemption as a co-owner. Art.
L-47120, 15 Oct. 1990), the contract may still be sustained 1623, NCC gives a co-owner 30 days from written notice of
as an equitable mortgage, given the circumstances the sale by the vendor to exercise his right of legal
expressed in Art. 1602, NCC. The reserved right to redemption. In the present problem, the 30- day period for
repurchase is then deemed an original intention. the exercise by Betty of her right of redemption had not
even begun to run because no notice in writing of the sale
(b) If you decide in favor of Romeo and Y, would appears to have been given to her by Lydia.
you uphold the validity of the promise to
sell?
H. ASSIGNMENT OF CREDITS
A: If I were to decide in favor of Romeo and Y, I would not
uphold the validity of the promise to sell, so as to enforce it
by an action for specific performance. The promise to sell
Q: Peter Co, a trader from Manila, has dealt business
would only amount to a mere offer and, therefore, it is not
with Allied Commodities in Hongkong for five (5) years.
enforceable unless it was sought to be exercised before a
All through the years, Peter Co accumulated an
withdrawal or denial thereof.
indebtedness of P500,000.00 with Allied Commodities.
Upon demand by its agent in Manila, Peter Co paid
Even assuming the facts given at the end of the case there
Allied Commodities by check the amount owed. Upon
would have been no separate consideration for such
deposit in the payee's account in Manila, the check was
promise to sell. The contract would at most amount to an
dishonored for insufficiency of funds. For and in
option which again may not be the basis for an action for
consideration of P1.00, Allied Commodities assigned
specific performance.
the credit to Hadji Butu who brought suit against Peter
Co in the RTC of Manila for recovery of the amount
REDEMPTION
owed. Peter Co moved to dismiss the complaint against
him on the ground that Hadji Butu was not a real party
Q: Sancho and Pacifico are co-owners of a parcel of land.
in interest and, therefore, without legal capacity to sue
Sancho sold the property to Bart. Pacifico sued Sancho
and that he had not agreed to a subrogation of creditor.
and Bart for annulment of the sale and reconveyance of
the property based on the fact that the sale included his
Will Peter Co's defense of absence of agreement to a
one-half pro indiviso share. Pacifico had a notice of lis
subrogation of creditor prosper? (1993 BAR)
pendens annotated on the title covering the property
and ordered the cancellation of the notice of lis
A: No, Co's defense will not prosper. This is not a case of
pendens. The notice of lis pendens could not be
subrogation, but an assignment of credit. Assignment of
cancelled immediately because the title over the
credit is the process of transferring the right of the assignor
property was with a bank to which the property had
to the assignee. The assignment may be done either
been mortgaged by Bart. Pacifico appealed the case.
gratuitously or onerously, in which case, the assignment has
While the appeal was pending and with the notice of lis
an effect similar to that of a sale. (Nyco Sales Corp. v. BA
pendens still uncancelled, Bart sold the property to
Finance Corp. G.R No.71694, 16 Aug. 1991) As a result of the
Carlos, who immediately caused the cancellation of the
assignment, the plaintiff acquired all the rights of the
notice of lis pendens, as well as the issuance of a new
assignor including the right to sue in his own name as the
title in his name. Is Carlos (a) a purchaser in good faith,
legal assignee. In assignment, the debtor's consent is not
or (b) a transferee pendente lite? (2002, 1995 BAR)
essential for the validity of the assignment.
and are liable for damages. But Conrad has not yet incurred
VI. LEASE any liability on the sublease which still subsisted at the time
of the filing of the action on 15 May 1992.
Q: Under what circumstances would an implied new Q: A leased a parcel of land to B for a period of two years.
lease or a tacita reconduccion arise? (1999 BAR) The lease contract did not contain any express
prohibition against the assignment of the leasehold or
A: An implied new lease or tacita reconduccion arises if at the subleasing of the leased premises. During the third
the end of the contract the lessee should continue enjoying year of the lease, B subleased the land to C. In turn, C,
the thing leased for 15 days with the acquiescence of the without A's consent, assigned the sublease to D. A then
lessor, and unless a notice to the contrary by either party filed an action for the rescission of the contract of lease
has previously been given. (Art. 1670, NCC) In short, in order on the ground that B has violated the terms and
that there may be tacita reconduccion there must be conditions of the lease agreement. If you were the
expiration of the contract; there must be continuation of judge, how would you decide the case, particularly with
possession for 15 days or more; and there must be no prior respect to the validity of:
demand to vacate.
Explain your answers. (1990 BAR)
Q: Under a written contract dated 01 Dec. 1989, Victor
leased his land to Joel for a period of five (5) years at a (a) B’s sublease to C?
monthly rental of P1,000.00, to be increased to
P1,200.00 and P1,500.00 on the third and fifth year, A: B's sublease to C is valid. Although the original period of
respectively. On 01 Jan. 1991, Joel subleased the land to two years for the lease contract has expired, the lease
Conrad for a period of two (2) years at a monthly rental continued with the acquiescence of the lessor during the
of P1,500.00. On 31 Dec. 1992, Joel assigned the lease to third year. Hence, there has been an implied renewal of the
his compadre, Ernie, who acted on the belief that Joel contract of lease. Under Art. 1650 of the NCC, the lessee may
was the rightful owner and possessor of the said lot. Joel sublet the thing leased, in whole or in part, when the
has been faithfully paying the stipulated rentals to contract of lease does not contain any express prohibition.
Victor. When Victor learned on 18 May 1992 about the (Arts. 1650 & 1670, NCC) A's action for rescission should not
sublease and assignment, he sued Joel, Conrad and prosper on this ground.
Ernie for rescission of the contract of lease and for
damages. (2005 BAR) (b) C’s assignment of the sublease to D?
(a) Will the action prosper? If so, against A: C's assignment of the sublease to D is not valid. Under Art.
whom? Explain. 1649 of the NCC the lessee cannot assign the lease without
the consent of the lessor, unless there is a stipulation to the
A: YES, the action for rescission of the lease will prosper contrary. There is no such stipulation in the contract. If the
because Joel cannot assign the lease to Ernie without the law prohibits assignment of the lease without the consent
consent of Victor. (Art. 1649, NCC) But Joel may sublet to of the lessor, all the more would the assignment of a
Conrad because there is no express prohibition. (Art. 1650, sublease be prohibited without such consent. This is a
NCC; Alipio v. Court of Appeals, G.R. No. 134100. 29 Sept. violation of the contract and is a valid ground for rescission
2000) Victor can rescind the contract of lease with Joel, and by A.
the assignment of the lease to Ernie, on the ground of
violation of law and of contract. The sub-lease to Conrad
remained valid for two (2) years from 01 Jan. 1991 and had B. RIGHTS AND OBLIGATIONS OF THE LESSOR
not yet lapsed when the action was filed on 15 May 1992. (2010, 1994 BAR)
Under Art. 1654(2), NCC, the lessor is obliged to make all the sublease is lawful, the rule being that in the absence of an
necessary repairs in order to keep the leased property express prohibition a lessee may sublet the thing leased, in
suitable for the use to which it has been devoted. whole or in part, without prejudice to his/its responsibility
Consequently, under Art. 1659, NCC, the proprietor of a to the lessor for the performance of the contract.
building or structure is responsible for the damages
resulting from its total or partial collapse, if it is due to the Q: A vacant lot several blocks from the center of the
lack of necessary repairs. town was leased by its owner to a young businessman
B, for a term of fifteen (15) years renewal upon
Under Art. 1723, NCC, the engineer or architect who drew agreement of the parties. After taking possession of the
up the plans and specifications for a building is liable for lot, the lessee built thereon a building of mixed
damages if within 15 years from the completion of the materials and a store. As the years passed, he expanded
structure, the same should collapse by reason of a defect in his business, earning more profits. By the tenth (10th)
those plans and specifications, or due to the defects in the year of his possession, he was able to build a three-story
ground. This liability may be enforced against the architect building worth at least P300,000.00. Before the end of
or engineer even by a third party who has no privity of the term of the lease, B negotiated with the landowner
contract with the architect or engineer under Art. 2192, NCC. for its renewal, but despite their attempts to do so, they
could not agree on the new conditions for the renewal.
Q: In Jan. 1993, Four-Gives Corporation leased the Upon the expiration of the term of the lease, the
entire twelve floors of the GQS Towers Complex, for a landowner asked B to vacate the premises and remove
period of ten (10) years at a monthly rental of his building and other improvements. B refused unless
P3,000,000.00. There is a provision in the contract that he was reimbursed for necessary and useful expenses.
the monthly rentals should be paid within the first five B claimed that he was a possessor and builder in good
days of the month. For the month of March, May, June, faith, with right of retention. This issue is now before
Oct. and Dec. 1993, the rentals were not paid on time the court for resolution in a pending litigation. (1990
with some rentals being delayed up to ten days. The BAR)
delay was due to the heavy paperwork involved in
processing the checks. Four-Gives Corporation also (a) What are the rights of B?
subleased five of the twelve floors to wholly-owned
subsidiaries. The lease contract expressly prohibits the A: B has the right to remove the building and other
assignment of the lease contract or any portion thereof. improvements unless the landowner decides to retain the
The rental value of the building has increased by 50% building at the time of the termination of the lease and pay
since its lease to Four-Gives Corporation. (1994 BAR) the lessee one-half of the value of the improvements at that
time. The lessee may remove the building even though the
(a) Can the building owner eject Four-Gives principal thing may suffer damage, but B should not cause
Corporation on grounds of the repeated delays any more impairment upon the property leased than is
in the payment of the rent? necessary. The claim of B that he was a possessor and
builder in good faith with the right of retention is not
A: NO, the building owner cannot eject Four-Gives tenable. B is not a builder in good faith, because as lessee he
Corporation on the ground of repeated delays in the does not claim ownership over the property leased.
payment of rentals. The delay in the payment of the rentals
is minimal and cannot be made the basis of an ejectment (b)What are the rights of the landowner?
suit. The delay was due to the heavy paperwork involved in
processing the checks. It would be otherwise if the lease A: The landowner/lessor may refuse to reimburse one-half
contract stated that in the payment of rentals within the (1/2) of the value of the improvements and require the
first five days of the month, time is of the essence or that the lessee to remove the improvements. (Art. 1678, NCC)
lessee will be in delay if he falls to pay within the agreed
period without need of demand. In this case he can judicially
eject the tenant on the ground of lack of payment of the
C. RIGHTS AND OBLIGATIONS OF THE LESSEE
price stipulated after a demand to vacate. (Art. 1673(2),
(2018, 2004, 2001, 2000, 1999, 1996, 1990 BAR)
NCC)
townhouse to Sylvia, an office clerk in SPA. has not been remiss in the payment of rent. Will the
action prosper? (2000 BAR)
Does the sublease without Simon’s knowledge and
consent constitute a ground for terminating the lease? A: YES, the action will prosper. Under Art. 1651, NCC, the
(2018 BAR) sublessee is bound to the lessor for all acts which refer to
the use and preservation of the thing leased in the manner
A: NO, it does not constitute a ground for terminating the stipulated between the lessor and the lessee.
lease. In the contract of lease of things, if there is no express
prohibition, the lessee may sublet the thing leased (Article Q: May a lessee sublease the property leased without
1650, NCC). In this contract, there appears to be no the consent of the lessor, and what are the respective
prohibition regarding subleasing; thus, there is no violation liabilities of the lessee and sub-lessee to the lessor in
of the contract which can be used as a ground for case of such sublease? (1999 BAR)
terminating the contract. The act of a lessee in subleasing
the thing without notifying the lessor leased is not one of A: YES, provided that there is no express prohibition
the causes for which the lessor may terminate the lease and against subleasing. Under the law, when in the contract of
judicially eject the lessee (Article 1673, NCC). lease of things there is no express prohibition, the lessee
may sublet the thing leased without prejudice to his
Q: TX filed a suit for ejectment against BD for non- responsibility for the performance of the contract toward
payment of condominium rentals amounting to the lessor. (Art. 1650, NCC)
P150,000. During the pendency of the case, BD offered
and TX accepted the full amount due as rentals from BD, In case there is a sublease of the premises being leased, the
who then filed a motion to dismiss the ejectment suit on sublessee is bound to the lessor for all the acts which refer
the ground that the action is already extinguished. Is to the use and preservation of the thing leased in the
BD’s contention correct? Why or why not? Reason. manner stipulated between the lessor and the lessee. (Art.
(2004 BAR) 1651, NCC) The sublessee is subsidiarily liable to the lessor
for any rent due from the lessee. However, the sublessee
A: NO, BD's contention is not correct. TX can still maintain shall not be responsible beyond the amount of the rent due
the suit for ejectment. The acceptance by the lessor of the from them. (Art. 1652, NCC)
payment by the lessee of the rentals in arrears even during
the pendency of the ejectment case does not constitute a As to the lessee, the latter shall still be responsible to the
waiver or abandonment of the ejectment case. (Sps. Clutario lessor for the rents; bring to the knowledge of the lessor
v. Court of Appeals, G.R. No. 76656, 11 Dec. 1992) every usurpation or untoward act which any third person
may have committed or may be openly preparing to carry
Q: On 01 Jan. 1980, Nestor leased the fishpond of Mario out upon the thing leased; advise the owner the need for all
for a period of three years at a monthly rental of repairs; to return the thing leased upon the termination of
P1,000.00, with an option to purchase the same during the lease just as he received it, save what has been lost or
the period of the lease for the price of P500,000.00. impaired by the lapse of time or by ordinary wear and tear
After the expiration of the three-year period, Mario or from an inevitable cause; responsible for the
allowed Nestor to remain in the leased premises at the deterioration or loss of the thing leased, unless they prove
same rental rate. On 15 June 1983, Nestor tendered the that it took place without their fault.
amount of P500,000.00 to Mario and demanded that
the latter execute a deed of absolute sale of the fishpond Q: Bartolome constructed a chapel on the land of Eric.
in his favor. Mario refused, on the ground that Nestor What are Bartolome’s rights if he were a lessee of the
no longer had an option to buy the fishpond. Nestor land? (1996 BAR)
filed an action for specific performance. Will the action
prosper or not? Why? (2001 BAR) A: The owner of the land, as lessor, can acquire the
improvement by paying for one-half of its value. Should the
A: NO, the action will not prosper. The implied renewal of lessor refuse to reimburse said amount, the lessee may
the lease on a month-to-month basis did not have the effect remove the improvement, even though the principal thing
of extending the life of the option to purchase which expired may suffer damage thereby. (Art. 1678, NCC)
at the end of the original lease period. The lessor is correct
in refusing to sell on the ground that the option had expired.
A. GENERAL PROVISIONS (a) Who are liable for the settlement of the
partnership’s obligations? Explain?
Q: True or False. An oral partnership is valid. (2009 A: The two remaining partners, A and B, are liable. When
BAR) any partner dies and the business is continued without any
settlement of accounts as between their estate, the
A: TRUE. Partnership is a consensual contract. Hence, it is surviving partners are held liable for continuing the
valid even though not in writing. business provided that A and B had knowledge or notice of
the death of C. (Arts. 1841; 1785(2); 1833, NCC)
(b) What are the rights of Justine, if any, should Who of the applicants should be hired by the
she desire to participate in the management partnership? Explain and give your reasons. (1992
of the partnership and in the distribution of BAR)
a net profit of P360,000.00 which was
realized after her purchase of Una’s A: A should be hired as Secretary. The decision for the hiring
interest? of A prevails because it is an act of administration which can
be performed by the duly appointed managing partners, W
A: Justine cannot interfere or participate in the and X.
management or administration of the partnership business
or affairs. She may, however, receive the net profits to which B cannot be hired, because in case of a tie in the decision of
Una would have otherwise been entitled. In this case, P120, the managing partners, the deadlock must be decided by the
000. (Art. 1813, NCC) partners owning the controlling interest. In this case, the
opposition of X and Y prevails because Y owns the
Q: Pauline, Patricia and Priscilla formed a business controlling interest. (Art. 1801, NCC)
partnership for the purpose of engaging in neon
advertising for a term of five (5) years. Pauline OBLIGATIONS OF THE PARTNERSHIP/PARTNERS
subsequently assigned to Philip her interest in the TO THIRD PERSONS
partnership. When Patricia and Priscilla learned of the (2019, 2010, 1994, 1993 BAR)
assignment, they decided to dissolve the partnership
before the expiration of its term as they had an Q: Mr. A entered into a lease contract covering one of his
unproductive business relationship with Philip in the commercial buildings with XYZ Company, a partnership
past. On the other hand, unaware of the move of Patricia composed of X, Y, and Z, as lessee, for use as an office
and Priscilla but sensing their negative reaction to his space upon failure to receive the rental payments when
acquisition of Pauline's interest, Philip simultaneously they fell due, Mr. A immediately sought payment of the
petitioned for the dissolution of the partnership. (1995 same from X, Y, and Z, asserting that the individual
BAR) partners are solidarily liable together with the
partnership for its debts.
(a) Is the dissolution done by Patricia and
Priscilla without the consent of Pauline or X, Y, and Z disagreed with Mr. A’s contention, arguing
Philip valid? Explain. further that in any event, rentals should not be paid up
until Mr. A makes the necessary arrangements for the
A: Under Art. 1830(1)(c) of the NCC, the dissolution by repair of the defective electrical wirings in the office
Patricia and Priscilla is valid and did not violate the contract that caused power outages and hence, made it difficult,
of partnership even though Pauline and Philip did not if not impossible, for them to conduct their usual
consent thereto. The consent of Pauline is not necessary business operations.
because she had already assigned her interest to Philip. The
consent of Philip is not also necessary because the Rule on the parties’ respective arguments. (2019 BAR)
assignment to him of Pauline's interest did not make him a
partner, under Art. 1813, NCC. A: Mr. A’s contention that the individual partners are
solidarily liable together with the partnership for
(b) Does Philip have any right to petition for the partnership debts is untenable. Art. 1768, NCC provides
dissolution of the partnership before the that the partnership has a juridical personality separate and
expiration of its specified term? Explain. distinct from each of the partners. Art. 1816, NCC further
provides that all partners, including industrial ones shall be
A: NO, Philip has no right to petition for dissolution because liable pro rata with all their property and after all the
he does not have the standing of a partner. (Art. 1813, NCC) partnership asserts have been exhausted, for the contracts
which may be entered into in the name and for the account
Q: W, X, Y and Z organized a general partnership with W of the partnership, under its signature and by a person
and X as industrial partners and Y and Z as capitalist authorized to act for the partnership.
partners. Y contributed P50,000.00 and Z contributed
P20,000.00 to the common fund. By a unanimous vote The contention of X, Y, and Z that the rentals should not be
of the partners, W and X were appointed managing paid up until Mr. A makes the necessary arrangements for
partners, without any specification of their respective the repair of the defective electrical wiring in the office that
powers and duties. caused power outages is correct. Art. 1658, NCC provides
that the lessee may suspend the payment of the rent in case
A applied for the position of Secretary and B applied for the lessor fails to make the necessary repairs or to maintain
the position of Accountant of the partnership. The the lessee in peaceful and adequate enjoyment of the
hiring of A was decided upon by W and X, but was property leased. Repair of defective electrical wirings are
opposed by Y and Z. The hiring of B was decided upon necessary repairs.
by W and Z, but was opposed by X and Y.
Will you dismiss the complaint against A If you were the A: The contractual relationship between Timothy and
Judge? (1993 BAR) Kristopher is a contract of partnership (Art. 1767, NCC)
since they have bound themselves to contribute money,
A: NO, as Judge, I would not dismiss the complaint against A property or industry to a common fund, with the intention
because A is still liable as a general partner for his pro rata of dividing the profits of the partnership among themselves.
share of one-third (1/3). (Art. 1816, NCC) Dissolution of a With a seed money of P500, 000.00 obtained by Timothy
ALTERNATIVE ANSWER:
Is CX liable for the bank loan? Why or why not? Justify The sale of the Quezon City parcel to E is not valid and not
your answer. (2004 BAR) binding upon A. B needed a special power of attorney to
validly sell the land. (Arts. 1877 & 1878, NCC) The sale of the
A: YES, CX is liable for the bank loan because he authorized land at a very good price does not cure the defect of the
the mortgage on his property to secure the loan contracted contract arising from lack of authority.
by DY. If DY later defaults and fails to pay the loan, CX is
liable to pay. However, his liability is limited to the extent of
the value of the said property. B. OBLIGATIONS OF THE AGENT
ALTERNATIVE ANSWER:
ALTERNATIVE ANSWER:
Q: With regard to an award of interest in the concept of (a) What kind of contract is created when a
actual and compensatory damages, please state the depositor opens a deposit account with a
guidelines regarding the manner of computing legal bank?
interest in the following situations:
A: A contract of simple loan is created when a depositor
Consider the issuance of BSP-MB Circular No. 799, opens a deposit account with a bank. Fixed, savings and
which became effective on 01 July 2013. (2016 BAR) current deposits of money in banks and similar institutions
shall be governed by the provisions concerning simple loan.
(a) When the obligation is breached and it (Art. 1980, NCC) The creditor is the depositor, while the
consists in the payment of a sum of money debtor is the bank.
like a loan or forbearance of money; and
(b) In this case, did the bank have the right to
A: When the obligation is breached and it consists in the take over Saachi’s bank deposit?
payment of sum of money like a loan or forbearance of
money, in the absence of stipulation, the rate of interest A: NO, the bank did not have the right to take over Saachi’s
shall be the legal rate of 6% per annum, (Art. 2209, NCC) bank deposit. In the case of Metropolitan Bank & Trust Co. v.
which was increased to 12% per NB Circular No. 905, series Rosales (G.R. No. 183204, 13 Jan. 2014), it was held that the
of 1982 to be computed from default. The twelve percent “Hold Out” clause, which was similar to the Holdout
(12%) per annum legal interest shall apply only until 30 Agreement in the instant case, can be invoked only if there
June 2013. From 01 July 2013, the new rate of six percent was a valid and existing obligation arising from any of the
(6%) per annum shall be the prevailing rate of interest sources of obligation enumerated in Art. 1157, NCC, to wit:
when applicable. (Nacar v. Gallery Frames, G.R. No. 189871, law, contracts, quasi-contracts, delict, and quasi-delict. The
13 Aug. 2013, applying BSP-MB Circular No. 799) only possible source of obligation of Saachi to Shanghainese
Bank based on the given facts is delict. As the criminal case
(b) When the obligation does not constitute a filed by the bank against Saachi was still pending and no
loan or forbearance of money. final judgment of conviction has been rendered, Saachi had
no valid and existing obligation to the bank; thus, the bank
A: The interest on the amount of damages awarded may be had no right to take over the deposits to Saachi. (UPLC
imposed at the discretion of the court at the rate of 6% per Suggested Answers)
annum. No interest, however, shall be adjudged on
unliquidated claims or damages, except when or until the Q: In the province, a farmer couple borrowed money
demand can be established with reasonable uncertainty. from the local merchant. To guarantee payment, they
Accordingly, where the demand is established with left the Torrens Title of their land with the merchant,
reasonable certainty, the interest shall begin to run from the for him to hold until they pay the loan. Is there a
time the claim is made judicially or extra- judicially, but a) Contract of pledge;
when such certainty cannot be so reasonably established at b) Contract of mortgage;
the time the demand is made, the interest shall begin to run c) Contract of antichresis; or
only from the date the judgment of the court is made (at d) None of the above?
which time the quantification of damages may be deemed to
Explain. (2017, 1998, 1997, 1996 BAR) (d) Who shall bear the expenses for the
accidental damage caused by the cargo
A: NONE OF THE ABOVE. There is no pledge because only truck, granting that the truck driver and
movable property may be pledged. (Art. 2094, NCC) At all, truck owner are insolvent? Explain.
there was a pledge of the paper or document constituting
the Torrens Title, as a movable by itself, but not of the land A: Both Tito and Pedro shall bear equally the costs of the
which the title represents. There is no mortgage because no extraordinary expenses, having been incurred on the
deed or contract was executed in the manner required by occasion of actual use of the van by Tito, the bailee, even
law for a mortgage. (Arts. 2085 to 2092 & Arts. 2124 to 2131, though he acted without fault.
NCC) There is no contract of antichresis because no right to
the fruits of the property was given to the creditor. (Art. Q: The parties in a contract of loan of money agreed that
2132, NCC) the yearly interest rate is 12% and it can be increased
if there is a law that would authorize the increase of
A contract of simple loan was entered into with security interest rates. Suppose OB, the lender, would increase
arrangement agreed upon by the parties which is not one of by 5% the rate of interest to be paid by TY, the
those mentioned above. borrower, without a law authorizing such increase,
would OB’s action be just and valid? Why? Does TY have
Q: Before he left for Riyadh to work as a mechanic, a remedy against the imposition of the rate increase?
Pedro left his Adventure van with Tito, with the Explain. (2001, 2004 BAR)
understanding that the latter could use it for one year
for his personal or family use while Pedro works in A: NO, OB's action is not just and valid. The debtor cannot
Riyadh. He did not tell Tito that the brakes of the van be required to pay the increase in interest there being no
were faulty. Tito had the van tuned up and the brakes law authorizing it, as stipulated in the contract of loan.
repaired. He spent a total amount of P15,000.00. After Increasing the rate in the absence of such law violates the
using the vehicle for two weeks, Tito discovered that it principle of mutuality of contracts under Art. 1308, NCC.
consumed too much fuel. To make up for the expenses,
he leased it to Annabelle. Two months later, Pedro Q: A, upon request, loaned his passenger jeepney to B to
returned to the Philippines and asked Tito to return the enable B to bring his sick wife from Paniqui, Tarlac to
van. Unfortunately, while being driven by Tito, the van the Philippine General Hospital in Manila for
was accidentally damaged by a cargo truck without his treatment. On the way back to Paniqui, after leaving his
fault. (2005 BAR) wife at the hospital, people stopped the passenger
jeepney. B stopped for them and allowed them to ride
(a) Who shall bear the P15,000.00 spent for the on board, accepting payment from them just as in the
repair of the van? Explain. case of ordinary passenger jeepneys plying their route.
As B was crossing Bamban, there was an onrush of lahar
A: The contract between Pedro and Tito is one of from Mt. Pinatubo. The jeep that was loaned to him was
commadatum. Of the P15,000.00 spent, Pedro, the bailor, wrecked. (1993 BAR)
shall bear the expenses for the repair of the faulty brakes,
they being extraordinary expenses incurred due to the non- (a) What do you call the contract that was
disclosure by the bailor of the defect or fault; Tito, on the entered into by A and B with respect to the
other hand, shall shoulder that part of the P15,000.00 spent passenger jeepney that was loaned by A to B
for the tune-up, said expense being ordinary for the use and to transport the latter’s sick wife to Manila?
preservation of the van.
A: The contract is called “commodatum”. (Art. 1933, NCC)
(b) Who shall bear the costs for the van's fuel,
oil and other materials while it was with (b) Is B obliged to pay A for the use of the
Tito? Explain. passenger jeepney?
A: Tito, the bailee, shall bear the costs for the fuel and other A: NO, B is not obliged to pay A for the use of the passenger
materials as they are considered ordinary expenses for the jeepney because commodatum is essentially gratuitous.
use and preservation of the thing loaned. (Art. 1941, NCC) (Art. 1933, NCC)
(c) Does Pedro have the right to retrieve the (c) Is B liable to A for the loss of the jeepney?
van even before the lapse of one year?
Explain. A: YES, because B devoted the thing to a purpose different
from that for which it has been loaned. (Art. 1942(2), NCC)
A: NO, Pedro cannot demand the return of the van until after
the expiration of the one- year period stipulated. However, if
in the meantime he should have urgent need of the van, he
may demand its return or temporary use.
Q: X, who has a savings deposit with Y Bank in the sum Q: What is the difference between "guaranty" and
of P1,000,000.00 incurs a loan obligation with the said "suretyship"? (2010 BAR)
Bank in the sum of P800,000.00 which has become due.
When X tries to withdraw his deposit, Y Bank allows A: Guaranty and Suretyship distinguished:
only P200,000.00 to be withdrawn, less service charges,
claiming that compensation has extinguished its 1. The obligation in guaranty is secondary; whereas,
obligation under the savings account to the concurrent in suretyship, it is primary.
amount of X’s debt. X contends that compensation is 2. In guaranty, the undertaking is to pay if the
improper when one of the debts, as here, arises from a principal debtor cannot pay; whereas, in
contract of deposit. Assuming that the promissory note suretyship, the undertaking is to pay if the principal
signed by X to evidence the loan does not provide for debtor does not pay.
compensation between said loan and his savings 3. In guaranty, the guarantor is entitled to the benefit
deposit, who is correct? (1998 BAR) of excussion; whereas, in suretyship the surety is
not entitled.
A: Y Bank is correct. Art. 1287, NCC does not apply. All the 4. Liability in guaranty depends upon an independent
requisites of Art. 1279, NCC are present. In the case of Gullas agreement to pay the obligations of the principal if
v. PNB (G.R. No. L-43191, 13 Nov. 1935), the Court held: “The they fail to do so; whereas, in suretyship, the surety
Civil Code contains provisions regarding compensation (set assumes liability as a regular party.
off) and deposit. These portions of Philippine Law provide 5. The guarantor insures the solvency of the principal
that compensation shall take place when two persons are debtor; whereas, the surety insures the debt.
reciprocally creditor and debtor of each other. In this 6. In a guaranty, the guarantor is subsidiarily liable;
connection, it has been held that the relation existing whereas, in a suretyship, the surety binds himself
between a depositor and a bank is that of creditor and solidarity with the principal debtor. (Art. 2047,
debtor… As a general rule, a bank has a right of set off of the NCC)
deposits in its hands for the payment of any indebtedness
to it on the part of a depositor.” Hence, compensation took Q: C Corp. entered into a contract with D Inc. for the
place between the mutual obligations of X and Y Bank. construction of the latter’s production warehouse. In
consideration thereof, D Inc. was obliged to pay C Corp.
Q: In order to secure a bank loan, XYZ Corporation the amount of P50,000,000.00 within a period of one
surrendered its deposit certificate, with a maturity date (1) month from the time of the project’s completion. To
of 01 Sept. 1997 to the bank. The corporation defaulted secure the payment of the said sum, D. Inc entered into
on the due repayment of the loan, prompting the bank a surety agreement with S Company.
to encash the deposit certificate. XYZ Corporation
questioned the above action taken by the bank as being After more than a month from the completion date of
a case of pactum commissorium. The bank disagrees. the project, C Corp. remained unpaid. Claiming that it
What is your opinion? (1997 BAR) was suffering from serious financial reverses, D Inc,
asked C Corp. for an extension of three (3) months to
A: There is no pactum commissorium here. Deposits of pay the P50,000,000.00 it still owed to which C Corp.
money in banks and similar institutions are governed by the agreed. However, after more than (3) months, D Inc.
provisions on simple loans. (Art. 1980, NCC) The still refused to pay. Hence, C Corp. proceeded to collect
relationship between the depositor and a bank is one of the above sum from the surety, S Company.
creditor and debtor. Basically, this is a matter of
compensation as all the elements of compensation are F or its part, S Company refused the claim and raised the
present in this case. (BPI v. Court of Appeals, G.R. No. 104612, defense that the extension of time granted by C Corp. to
10 May 1994) D Inc. without its consent released it from liability.
(2019 BAR)
A: YES, the defense holds. The Court has held that the
provisions of the NCC on guaranty, other than the benefit of
excussion, are applicable and available to the surety. One of
the provisions of the NCC is Art. 2079 which provides that
an extension granted to the debtor by the creditor without
the consent of the guarantor extinguishes the guaranty.
Here, the parties entered into a surety agreement; thus, the Q: AB sold to CD a motor vehicle for and in
extension granted without the consent of S Company consideration of P120,000, to be paid in twelve monthly
extinguished the suretyship. (Autocorp Group v. Intra Strata equal instalments of P10,000.00, each instalment being
Assurance Corporation, G.R. No. 166662, 27 June 2008) due and payable on the 15th day of each month starting
Jan. 1997.
(b) Assuming that S Company instead refused
the claim on the ground that C Corp. has yet To secure the promissory note, CD (a) executed a
to exhaust D Inc.’s property to satisfy the chattel mortgage on the subject motor vehicle, and (b)
claim before proceeding against it, will this furnished a surety bond issued by Philamlife. CD failed
defense prosper? Explain. to pay more than two (2) instalments.
A: NO, the defense will not prosper. Art. 2047 of the NCC AB went after the surety but he was only able to obtain
provides that if a person binds themselves solidarily with three-fourths (3/4) of the total amount still due and
the principal debtor, the provisions of Sec. 4, Chap. 3, Title I owing from CD. AB seeks your advice on how he might,
of this Book shall be observed and in such case the contract if at all recover the deficiency.
is called a suretyship. Under Art. 2059 of the NCC, the
excussion shall not take place if the guarantor has bound How would you counsel AB? (1997 BAR)
himself solidarily with the debtor, S Company, therefore,
cannot refuse the claim on the ground that C Corp. has yet A: YES, he can recover the deficiency. The action of AB to go
to exhaust D Inc.’s property to satisfy the claim before after the surety bond cannot be taken to mean a waiver of
proceeding against it. (UPLC Suggested Answers) his right to demand payment for the whole debt. The
amount received from the surety is only payment pro tanto,
Q: Sebastian, who has a pending assessment from the and an action may be maintained for a deficiency debt.
Bureau of Internal Revenue (BIR), was required to post
a bond. He entered into an agreement with Solid Surety
Company (SSC) for SSC to issue a bond in favor of the D. QUASI-CONTRACTS
BIR to secure payment of his taxes, if found to be due. In
consideration of the insurance of the bond, he executed
and Indemnity Agreement with SSC whereby he agreed
to indemnify the latter in the event that he was found
liable to pay the tax. The BIR eventually decided against
Sebastian, and judicially commenced an action against
both Sebastian and SSC to recover Sebastian’s unpaid
taxes. Simultaneously, BIR also initiated action to
foreclose on the bond.
(b) May Mrs. A claim actual damages from Mr. The bicycle rider suffered a fractured right knee,
X? If so, how much can Mrs. A claim? Explain. sustained when he fell on his right side on the concrete
sidewalk. He was hospitalized and was subsequently
A: YES, Mrs. A can claim actual damages amounting to operated on, rendering him immobile for three (3)
P500,000. Under Art. 2199 of the NCC it provides that weeks and requiring physical rehabilitation for
except as provided by law or by stipulation, one is entitled another (3) months. In his complaint for damages, the
to actual or compensatory damages only for such pecuniary rider prayed for the award of P1,000,000 actual
loss suffered by him as he has duly proved. The medical fees damages, P200,000 moral damages, P200,000
totaling P400,000 were duly substantiated by official exemplary damages, P100,000 nominal damages and
receipts, Art. 2200 of the NCC also provides that P50,000 attorney's fees.
indemnification for damages shall comprehend not only the
value of the loss suffered, but also that of the profits which Assuming the police report to be correct and as the
the obligee failed to obtain. The rate of her salary was lawyer for the bicycle rider, what evidence
established at P50,000 per month; thus, her inability to (documentary and testimonial) and legal arguments
report for work and earn salary for two months entitled her will you present in court to justify the damages that
to a total of P100,000. Mrs. A, therefore, can claim her your client claims? (2013, 2002, 1994 BAR)
expenses for medical fees and two months’ worth of salary
the total of which is P500.000.
A: As lawyer for the bicycle rider, I will present in addition law of the civil law principles of quasi-delict.
to the police report, the medical abstracts to the injuries
sustained by my client as well as copies of receipts of Q: Roberto was in Nikko Hotel when he bumped into a
expenses incurred in connection with the treatment of his friend who was then on her way to a wedding reception
injuries. I will also present the testimony of my client and being held in said hotel. Roberto alleged that he was
perhaps a bystander who witnessed the incident as to the then invited by his friend to join her at the wedding
circumstances surrounding the accident. reception and carried the basket full of fruits which she
was bringing to the affair. At the reception, the wedding
As for the legal argument, I will rebut the claim of negligence coordinator of the hotel noticed him and asked him,
on my client’s part by presenting evidence that my client allegedly in a loud voice, to leave as he was not in the
has crossed the intersection ahead of the taxicab and it was guest list. He retorted that he had been invited to the
the taxicab driver who rapidly cut the path of the bicycle affair by his friend, who however denied doing so.
which caused the collision. Also, even assuming that there Deeply embarrassed by the incident, Roberto then sued
was contributory negligence on the part of my client, I will the hotel for damages under Arts. 19 and 21 of the NCC.
argue that it will not preclude the recovery of damages but Will Roberto’s action prosper? Explain. (2012 BAR)
may only mitigate the damages to which he is entitled.
A: It depends. While the hotel has the right to exclude an
Q: Define quasi tort. Who are the persons liable under uninvited guest from the wedding reception, that does not
quasi torts and what are the defenses available to give the hotel the license to humiliate Roberto. If the
them? (2010 BAR) wedding coordinator of the hotel acted wrongfully e.g., with
abuse of right, unfairly, or in a manner that exposed Roberto
A: Quasi-tort is considered as the equivalent of quasi-delict. to unnecessary ridicule or shame, his action will pro-per.
Hence, the rules of the latter pertaining to persons who can Otherwise, Roberto’s action will prosper. The hotel is liable
be held liable and their defenses would also apply. for the wrongful acts of its employees.
The problem does not state any fact from which any malice, (b) If the parents of the boy do not wish to file a
bad faith or gross negligence on the part of Vinzons-Chato separate civil action against the bus
may be inferred, or the particular injury or prejudice the company, can they still make the bus
complainant may have suffered as a result of the violation company liable if the driver cannot' pay the
of his constitutional rights. Hence, she cannot be held liable. award for damages? If so, what is the nature
The facts presented are similar to the facts of the case of of the employer's liability and how may civil
Vinzons-Chato v. Fortune (G.R. No. 141309, 23 Dec. 2008). damages be satisfied?
Q: A van owned by Orlando and driven by Diego, while A: YES, the parents of the boy can enforce the subsidiary
negotiating a downhill slope of a city road, suddenly liability of the employer in the criminal case against the
gained speed, obviously beyond the authorized limit in driver. The conviction of the driver is a condition sine qua
the area, and bumped a car in front of it, causing severe non for the subsidiary liability of the employer to attach.
damage to the care and serious injuries to its Proof must be shown that the driver is insolvent. (Art. 103,
passengers. Orlando was not in the car at the time of the RPC)
incident. The car owner and the injured passengers
sued Orlando and Diego for damages caused by Diego’s Q: Mabuhay Elementary School organized a field trip for
negligence. In their defense, Diego claims that the its Grade VI students in Fort Santiago, Manila Zoo, and
downhill slope caused the van to gain speed and that, as Star City. To be able to join, the parents of the students
he stepped on the brakes to check the acceleration, the had to sign a piece of paper that reads as follows:
brakes locked, causing the van to go even faster and
eventually to hit the car in front of it. Orlando and Diego "I allow my child (name of student), Grade – Section, to
contend that the sudden malfunction of the van’s brake join the school’s field trip on 14 Feb. 2014. I will not file
system is a fortuitous even and that, therefore, they are any claim against the school, administrator or teacher
exempt from any liability. Is this contention tenable? in case something happens to my child during the trip."
Explain. (2002 BAR)
Joey, a 7-year-old student of Mabuhay Elementary
A: NO. Mechanical defects of a motor vehicle do not School was bitten by a snake while the group was
constitute fortuitous event, since the presence of such touring Manila Zoo. The parents of Joey sued the school
defects would have been readily detected by diligent for damages. The school, as a defense, presented the
maintenance check. The failure to maintain the vehicle in waiver signed by Joey’s parents.
safe running condition constitutes negligence.
Was there a valid waiver of right to sue the school?
THE TORTFEASOR Why? (2014 BAR)
(2015, 2014, 2010, 2006, 2005, 2003, 2002, 2001,
2000, 1998, 1997, 1996, 1992, 1991 BAR) A: NO, there was no valid waiver of the right to sue the
school. A waiver to be valid must have three requisites: 1)
Q: A driver of a bus owned by company Z ran over a boy existence of the right; 2) legal capacity of the person
who died instantly. A criminal case for reckless waiving the right and 3) the waiver must not be contrary to
imprudence resulting in homicide was filed against the law, morals, good customs, public order or public policy or
driver. He was convicted and was ordered to pay P2 prejudicial to a third person with a right recognized by law.
Million in actual and moral damages to the parents of In the case presented, the waiver may be considered
the boy who was an honor student and had a bright contrary to public policy as it exonerates the school from
future. Without even trying to find out if the driver had liability for future negligence. The waiver in effect allows
assets or means to pay the award of damages, the the school to not exercise even ordinary diligence.
parents of the boy filed a civil action against the bus
company to make it directly liable for the damages. Q: On 05 May 1989, 16-year-old Rozanno, who was
(2015 BAR) issued a student permit, drove to school a car, a gift
from his parents. On even date, as his class was
(a) Will their action prosper? scheduled to go on a field trip, his teacher requested
him to accommodate in his car, as he did, four (4) of his
A: YES, the action will prosper. The liability of the employer classmates because the van rented by the school was
in this case may be based on quasi-delict and is included too crowded. On the way to a museum which the
within the coverage of independent civil action. It is not students were scheduled to visit, Rozanno made a
necessary to enforce the civil liability based on culpa wrong maneuver, causing a collision with a jeepney.
aquiliana that the driver or employee be proven to be One of his classmates died. He and the three (3) others
insolvent since the liability of the employer for the quasi- were badly injured. (2010 BAR)
delicts committed by their employees is direct and primary
subject to the defense of due diligence on their part. (Arts. (a) Who is liable for the death of Rozanno’s
2176 & 2180, NCC) classmate, and the injuries suffered by
Rozanno and his 3 other classmates?
Explain.
A: At the time the incident occurred in May 1989, Rozanno his son Carlos, a minor who did not have a driver's
was still a minor. Being a minor, Art. 218, FC applies. license, to drive the car to buy pan de sal in a bakery. On
Pursuant to Art. 218, FC, the school, its administrators, and the way, Carlos driving in a reckless manner,
teachers shall be liable for the acts of minor Rozanno sideswiped Dennis, then riding a bicycle. As a result, he
because of the special parental authority and responsibility suffered serious physical injuries. Dennis filed a
that they exercise over him. The authority applies to all criminal complaint against Carlos for reckless
authorized activities, whether inside or outside the imprudence resulting in serious physical injuries.
premises of the school, entity, or institution. The field trip (2006 BAR)
on which occasion Rozanno drove the car, was an
authorized activity, and, thus, covered by the provision. (a) Can Dennis file an independent civil action
Furthermore, the parents of Rozanno are subsidiarily liable against Carlos and his father Benjamin for
pursuant to Art. 219, FC, and principally liable under Art. damages based on quasi-delict? Explain.
221, FC if they are negligent.
A: YES, Dennis can file an independent civil action against
(b) How about the damage to the jeepney? Carlos and his father for damages based on quasi-delict
Explain. there being an act or omission causing damage to another
without contractual obligation. Under Sec. 1 of Rule 111 of
A: With respect to the damages caused to the jeepney, only the 2000 Rules on Criminal Procedure, what is deemed
Rozanno should be held liable because his negligence or instituted with the criminal action is only the action to
tortuous act was the sole, proximate and immediate cause recover civil liability arising from the act or omission
thereof. punished by law. An action based on quasi-delict is no
longer deemed instituted and may be filed separately. (Sec.
(c) Under the same facts, except the date of 3, Rule 111, 2000 Rules of Criminal Procedure)
occurrence of the incident, this time in mid-
1994, what would be your answer? Explain. (b) Assuming Dennis' action is tenable, can
Benjamin raise the defense that he is not
A: Since Rozanno was 16 years old in 1989, if the incident liable because the vehicle is not registered
happened sometime in the middle of 1994, Rozanno have in his name? Explain.
been 21 years old at the time. Hence, he was already of legal
age. The law reducing the age of majority to 18 years took A: NO, Benjamin cannot raise the defense that the vehicle is
effect in December 1989. not registered in his name. His liability, vicarious in
character, is based on Art. 2180 because he is the father of
Being of legal age, Arts. 218, 219, and 221, FC, are no longer a minor who caused damage due to negligence. While the
applicable. In such case, only Rozanno will be personally suit will prosper against the registered owner, it is the
responsible for all the consequences of his act unless his actual owner of the private vehicle who is ultimately liable.
school, or his parents were themselves also negligent and (Duavit v. Court of Appeals, G.R. No. L-29759, 18 May 1989)
such negligence contributed to the happening of the The purpose of car registration is to reduce difficulty in
incident. In that event, the school or his parents are not identifying the party liable in case of accidents. (Villanueva
liable under Arts. 218, 218 or 221, FC, but will be liable v. Domingo, G.R. No. 144274, 14 Sept. 2004)
under general provision on the NCC on quasi-delict.
Q: Tony bought a Ford Expedition from a car dealer in
Q: Primo owns a pet iguana which he keeps in a man- Muntinlupa City. As payment, Tony issued a check
made pond enclosed by a fence situated in his drawn against his current account with Premium Bank.
residential lot. A typhoon knocked down the fence of Since he has a good reputation, the car dealer allowed
the pond and the iguana crawled out of the gate of him to immediately drive home the vehicle merely on
Primo’s residence. N, a neighbor who was passing by, his assurance that his check is sufficiently funded.
started throwing stones at the iguana, drawing the When the car dealer deposited the check, it was
iguana to move toward him. N panicked and ran but dishonored on the ground of “Account Closed.” After an
tripped on something and suffered a broken leg. Is investigation, it was found that an employee of the bank
anyone liable for N’s injuries? Explain. (2010 BAR) misplaced Tony's account ledger. Thus, the bank
erroneously assumed that his account no longer exists.
A: No one is liable. The possessor of an animal or whoever Later it turned out that Tony's account has more than
may make use of the same is responsible for the damage it sufficient funds to cover the check. The dealer however,
may cause, although it may escape or be lost. This immediately filed an action for recovery of possession
responsibility shall cease only in case the damage should of the vehicle against Tony for which he was terribly
come from force majeure or from the fault of the person who humiliated and embarrassed. Does Tony have a cause
has suffered damage. (Art. 2183, NCC) of action against Premium Bank? Explain. (2006 BAR)
Q: Arturo sold his Pajero to Benjamin for P1 Million. A: YES, Tony may file an action against Premium Bank for
Benjamin took the vehicle but did not register the sale damages under Art. 2176, NCC. Even if there exists a
with the Land Transportation Office (LTO). He allowed contractual relationship between Tony and Premium Bank,
an action for quasi-delict may nonetheless prosper. The (e) What defense, if any, is available to them?
Supreme Court has consistently ruled that the act that
breaks the contract may also be a tort. There is a fiduciary A: The defense that might be available to them is the
relationship between the bank and the depositor, imposing observance of a good father of the family to prevent the
utmost diligence in managing the accounts of the depositor. damage. (Art. 2180(8), NCC)
The dishonor of the check adversely affected the credit
standing of Tony; hence, he is entitled to damages. (Singson Q: OJ was employed as professional driver of MM
v. BPI, G.R. No. L-24932, 27 June 1968; American Express Transit bus owned by Mr. BT. In the course of his work,
International, Inc. v. IAC, G.R. No. 72383, 09 Nov. 1988; OJ hit a pedestrian who was seriously injured and later
Consolidated Bank and Trust v. Court of Appeals, G.R. No. L- died in the hospital because of the accident. The
70766 09 Nov. 1998) victim’s heirs sued the driver and the owner of the bus
for damages. Is there a presumption in this case that Mr.
Q: Under the law on quasi-delict, aside from the persons BT, the owner, had been negligent? If so, is the
who caused injury to persons, who else are liable under presumption absolute or not? Explain. (2004 BAR)
the following circumstances: (2005 BAR)
A: YES, there is a presumption of negligence on the part of
(a) When a 7-year-old boy injures his playmate the employer. However, such presumption is rebuttable.
while playing with his father's rifle. Explain. The liability of the employer shall cease when they prove
that they observed the diligence of a good father of a family
A: The parents of the 7-year-old boy who caused injury to to prevent damage. (Art. 2180, NCC) When the employee
his playmate are liable under Art. 219, FC, in relation to Art. causes damage due to his own negligence while performing
2180, NCC, since they exercise parental authority over the his own duties, there arises the juris tantum presumption
person of the boy. (Tamargo v. Court of Appeals, G.R. No. that the employer is negligent, rebuttable only by proof of
85044, 03 June 1992; Elcano v. Hill, G.R. No. L-24803, 26 May observance of the diligence of a good father of a family.
1977) (Metro Manila Transit v. Court of Appeals, G.R. No. 104408,
21 June 1993; Delsan Transport Lines v. C&A Construction,
(b) When a domestic helper, while haggling for G.R. No. 156034, 01 Oct. 2003) Likewise, if the driver is
a lower price with a fish vendor while charged and convicted in a criminal case for criminal
buying foodstuffs for her employer's family, negligence, BT is subsidiarily liable for the damages arising
slaps the fish vendor, causing her to fall and from the criminal act.
sustain injuries. Explain.
Q: As a result of a collision between the taxicab owned
A: Employer of the domestic helper who slapped a fish by A and another taxicab owned by B, X, a passenger of
vendor. Under Art. 2180(5), NCC, "employers shall be liable the first taxicab, was seriously injured. X later filed a
for the damages caused by their employees and household criminal action against both drivers. (2003, 1997, 1992
helpers acting within the scope of their assigned tasks, even BAR)
though the former is not engaged in any business or
industry." (a) May both taxicab owners raise the defense
of due diligence in the selection and
(c) A carpenter in a construction company supervision of their drivers to be absolved
accidentally hits the right foot of his co- from liability for damages to X? Reason.
worker with a hammer. Explain.
A: It depends. If the civil action is based on a quasi-delict the
A: The owner of the construction company. Art. 2180(4) taxicab owners may raise the defense of diligence of a good
states that "the owners and managers of an establishment father of a family in the selection and supervision of the
or enterprise are likewise responsible for damages caused driver; if the action against is based on culpa contractual or
by their employees in the service of the branches in which civil liability arising from a crime, they cannot raise the
the latter are employed or on the occasion of their defense.
functions."
(b) Is it necessary for X to reserve his right to
(d) A 15-year-old high school student stabs his institute a civil action for damages against
classmate who is his rival for a girl while both taxicab owners before he can file a civil
they were going out of the classroom after action for damages against them? Why?
their last class. Explain.
A: It depends. If the separate civil action is to recover
A: The school, teacher, and administrator as they exercise damages arising from the criminal act, reservation is
special parental authority. (Art. 2180(7), NCC, in relation to necessary. If the civil action against the taxicab owners is
Arts. 218 & 219, FC) based on culpa contractual, or on quasi-delict, there is no
need for reservation.
Q: A Gallant driven by John and owned by Art, and a cause of the accident was the negligence of Silvestre.
Corolla driven by its owner, Gina, collided somewhere
along Adriatico Street. As a result of the accident, Gina Q: Romano was bumped by a minivan owned by the
had a concussion. Subsequently, Gina brought an action Solomon School of Practical Arts (SSPA). The minivan
for damages against John and Art. There is no doubt was driven by Peter, a student assistant whose
that the collision is due to John's negligence. Can Art, assignment was to clean the school passageways daily
who was in the vehicle at the time of the accident, be one hour before and one hour after regular classes, in
held solidarily liable with his driver, John? (2002, 1998, exchange for free tuition. Peter was able to drive the
1996 BAR) school vehicle after persuading the regular driver, Paul,
to turn over the wheel to him (Peter). Romano suffered
A: YES. Art may be held solidary liable with John, if it was serious physical injuries. The accident happened at
proven that the former could have prevented the night when only one headlight of the vehicle was
misfortune with the use of due diligence. In motor mishaps, functioning, and Peter only had a student driver's
the owner is solidary liable with his driver, if the former, permit. Consequently, Peter was convicted in the
who was in the vehicle, could have, by the use of due criminal case. Thereafter, Romano sued for damages
diligence, prevented the misfortune. (Art. 2184, NCC) against Peter and SSPA. (1991 BAR)
Q: After working overtime up to midnight, Alberto, an (a) Will the action for damages against Peter
executive of an insurance company drove a company and SSPA prosper?
vehicle to a favorite Videoke bar where he had some
drinks and sang some songs with friends to "unwind". A: YES, the action will prosper because at the time he drove
At 2:00 a.m., he drove home, but in doing so, he bumped the vehicle, he was not performing his assigned tasks as
a tricycle, resulting in the death of its driver. May the provided for by Art. 2180, NCC. With respect to SSPA, it is
insurance company be held liable for the negligent act not liable for the acts of Peter because the latter was not an
of Alberto? Why? (2001 BAR) employee as held by Supreme Court in Filamer Christian
Institute v. Court of Appeals (G.R. No. 75112, 17 Aug. 1991).
A: The insurance company is not liable because when the Peter belongs to a special category of students who render
accident occurred, Alberto was not acting within the service to the school in exchange for free tuition fees.
assigned tasks of his employment. It is true that under Art.
2180(5), NCC, employers are liable for damages caused by (b) Will your answer be the same if, Paul, the
their employees who were acting within the scope of their regular driver, was impleaded as party
assigned tasks. However, the mere fact that Alberto was defendant for allowing Peter to drive the
using a service vehicle of the employer at the time of the minivan without a regular driver's license?
injurious accident does not necessarily mean that he was
operating the vehicle within the scope of his employment. A: I would maintain the same answer because the incident
In Castilex Industrial Corp. v. Vasquez Jr (G.R. No. 132266, 21 did not occur while the employee was in the performance of
Dec. 1999) the Supreme Court held that notwithstanding the his duty as such employee. The incident occurred at
fact that the employee did some overtime work for the nighttime, and in any case, there was no indication in the
company, the former was, nevertheless, engaged in his own problem that he was performing his duties as a driver.
affairs or carrying out a personal purpose when he went to
a restaurant at 2:00 A.M. after coming out from work. The (c) Is the exercise of due diligence in the
time of the accident (also 2:00 A.M.) was outside normal selection and supervision of Peter and Paul
working hours. a material issue to be resolved in this case?
Q: Silvestre leased a car from Avis-Rent-A-Car Co. at the A: In the case of Peter, if he were to be considered as
Mactan International Airport. No sooner had he driven employee, the exercise of due diligence in the selection and
the car outside the airport when, due to his negligence, supervision of peter would not be a material issue since the
he bumped an FX taxi owned and driven by Victor, conviction of Peter would result in a subsidiary liability
causing damage to the latter in the amount of where the defense would not be available by the employer.
P100,000.00. Victor filed an action for damages against
both Silvestre and Avis, based on quasi-delict. Avis filed In the case of Paul, since the basis of subsidiary liability is
a motion to dismiss the complaint against it on the the pater familias rule under Art. 2180, NCC, the defense of
ground of failure to state a cause of action. Resolve the selection and supervision of the employee would be a valid
motion. (2000 BAR) defense.
A: The motion to dismiss should be granted, AVIS is not the 2. CULPA AQUILIANA
employer of Silvestre; hence, there is no right of action V. CULPA CONTRACTUAL V. CULPA CRIMINAL
against AVIS under Art. 2180, NCC. Not being the employer,
AVIS has no duty to supervise Silvestre. Neither has AVIS
the duty to observe due diligence in the selection of its
customers. Besides, it was given in the problem that the
After the surgery, the attending nurses reported that Q: Explain the following concepts and doctrines and
two (2) sponges were missing. Later, Marta died due to give an example of each: (2007 BAR)
complications brought about by the sponges that were
left in her stomach. The husband of Marta sued the (a) Concept of trust de son tort (constructive
hospital and Dr. Jack for damages arising from trust); and
negligence in the medical procedure. The hospital
raised the defense that Dr. Jack is not its employee as it A: A constructive trust is a trust not created by any word or
did not hire Dr. Jack nor pay him any salary or phrase, either expressly or impliedly, evincing a direct
compensation. It has absolutely no control over the intention to create a trust, but is one that arises to satisfy
the demands of justice. It does not come about by 6. DAMNUM ABSQUE INJURIA
agreement or intention but mainly operation of law and
construed as a trust against one who, by fraud, duress, or
abuse of confidence, obtains or holds the legal right to B. PROXIMATE CAUSE
property which he ought not, in equity and good conscience (2018 BAR)
to hold. (Heirs of Lorenzo Yap v. Court of Appeals, G.R. No.
133047, 07 Aug. 1990)
1. GENERAL PROVISIONS
(a) Is Rommel liable for damages to the heirs of
(2020-21, 2012, 2009, 2005, 2004 BAR)
the deceased? Explain.
solidarily liable to Sasha, because a contractual obligation extraordinary diligence. Moral damages also may be
can be breached by tort and when the same act or omission awarded under Art. 2219, NCC if the plaintiff suffered
causes the injury, one resulting in culpa contractual and the physical injuries because of a quasi-delictual act.
other in culpa aquiliana, Art. 2194 of the NCC can well apply.
In fine, a liability for tort may arise even under a contract, ALTERNATIVE ANSWER:
where tort is that which breaches the contract. Stated
differently, when an act which constitutes a breach of In a contract of carriage, the carrier is required to exercise
contract would have itself constituted the source of a quasi- extraordinary diligence and is liable whenever a passenger
delictual liability had no contract existed between the suffers injury before he reaches his destination. In an action
parties, the contract can be said to have been breached by to recover damages arising from breach of contract of
tort, thereby allowing the rules on tort to apply. (LRTA v. carriage, the passenger needs only to prove the existence of
Navidad, G.R. No. 145804, 06 Feb. 2003) the contract and the failure of the carrier to safely bring him
to his destination. Moral damages may not however be
ALTERNATIVE ANSWER: recovered from the carrier unless: (a) the passenger dies, or
(b) the carrier is guilty of bad faith or gross negligence.
SAL and SMA are jointly liable. In KLM v. Court of Appeals Neither applies in this case. (Estrada v. Philippine Rabbit Bus
(G.R. L-31150, 22 July 1915), the Supreme Court held that the Co., G.R. No. 203902, 19 July 2017) (UPLC Suggested Answers)
ticket-issuing carrier assumes full responsibility for the
entire trip and shall be held accountable for the breach of Q: Peter, a resident of Cebu City, sent through Reliable
guaranty. Damages may also be exacted from SMA, because Pera Padala (RPP) the amount of P20,000.00 to his
their acts fall under quasi-delict. daughter, Paula, for the payment of her tuition fee.
Paula went to an RPP branch but was informed that
ALTERNATIVE ANSWER: there was no money remitted to her name. Peter
inquired from RPP and was informed that there was a
Only SMA is liable. Under the Warsaw Convention, the computer glitch, and the money was credited to another
ticket-issuing airline subcontracts the contract of carriage person. Peter and Paula sued RPP for actual damages,
to other airlines, as in this instance, there is no agency moral damages, and exemplary damages.
created and the subsequent carrier is liable for the damages
it has incurred. (UPLC Suggested Answers) The trial court ruled that there was no proof of
pecuniary loss to the plaintiffs but awarded moral
Q: Simeon was returning to Manila after spending a damages of P20,000.00 and exemplary damages of
weekend with his parents in Sariaya, Quezon. He P5,000.00. On appeal, RPP questioned the award of
boarded a bus operated by the Sabbit Bus Line (SBL) on moral and exemplary damages.
30 Aug. 2013. In the middle of the journey, the bus
collided with a truck coming from the opposite Is the trial court correct in awarding moral and
direction, which was overtaking the vehicle in front of exemplary damages? Explain. (2016 BAR)
the truck. Though the driver of the SBL bus tried to
avoid the truck, a mishap occurred as the truck hit the A: NO, the trial court is not correct in awarding moral and
left side of the bus. As a result of the accident, Simeon exemplary damages. The damages in this case are prayed
suffered a fractured leg and was unable to report for for based on the breach of contract committed by RPP in
work for one week. He sued SBL for actual and moral failing to deliver the sum of money to Paula. Under the
damages. SBL raised the defense that it was the driver provisions of the NCC, in breach of contract, moral damages
of the truck who was at fault, and that it exercised the may be recovered when the defendant acted in bad faith or
diligence of a good father of a family in the selection and was guilty of gross negligence (amounting to bad faith) or
supervision of its driver. in wanton disregard of his contractual obligation. In the
same fashion, to warrant the award of exemplary damages,
Is SBL liable for actual damages? Moral damages? (2018 the wrongful act must be accomplished by bad faith, and an
BAR) award of damages would be allowed only if the guilty party
acted in a wanton, fraudulent, reckless, or malevolent
A: It depends on what the source of obligation the action is manner. (Art. 2232, NCC)
based. If based on contract, SBL will be liable for actual
damages, but not moral damages. As a common carrier, SBL Bad faith does not simply connote bad judgment or
is required to observe extraordinary diligence, and the law negligence. It imports a dishonest purpose or some moral
expressly provides that its liability does not cease upon obliquity and conscious doing of a wrong, a breach of known
proof that it exercised the diligence of a good father of a duty through some motive or interest or ill will that partake
family in selecting and supervising its driver. It is not liable, of the nature of fraud. In this case, however, RPP’s breach
however, for moral damages as Art. 2220, NCC requires it to was due to a computer glitch which at most can be
have acted fraudulently or in bad faith, which is not considered as negligence on its part but does not constitute
provided by the facts. If the action, however, is anchored bad faith or fraud as would warrant the award of moral and
under quasi-delict, SBL will be liable for actual and moral exemplary damages.
damages. As a common carrier, it is required to exercise
Q: Regarding an award of interest in the concept of husband claim damages from the bus company for the
actual and compensatory damages, please state the death of their unborn child? Explain. (2014, 2003 BAR)
guidelines regarding the manner of computing legal
interest in the following situations: A: NO, the spouses cannot recover actual damages in the
form of indemnity for the loss of life of the unborn child.
Consider the issuance of BSP-MB Circular No. 799, This is because the unborn child is not yet considered a
which became effective on 01 July 2013. (2016 BAR) person and the law allows indemnity only for loss of life of
person. The mother, however may recover damages for the
(a) When the obligation is breached, and it bodily injury she suffered from the loss of the fetus which is
consists in the payment of a sum of money considered part of her internal organ. The parents may also
like a loan or forbearance of money; recover damages for injuries that are inflicted directly upon
them, e.g., moral damages for mental anguish that attended
A: When the obligation is breached, and it consists in the the loss of the unborn child. Since there is gross negligence,
payment of a sum of money like a loan or forbearance of exemplary damages can also be recovered. (Geluz v. Court of
money, in the absence of stipulation, the rate of interest Appeals, G.R. No. L-16439, 20 July 1961)
shall be the legal rate of 6% per annum (Art. 2209, NCC),
which was increased to 12% per MB Circular No. 905, Series Q: On her third month of pregnancy, Rosemarie
of 1982) to be computed from default. The twelve percent married to Boy. For reasons known only to her, and
12% per annum legal interest shall apply only until 30 June without informing Boy, went to the clinic of X, a known
2013. From 01 July 2013, the new rate of six percent (6%) abortionist, who for a fee, removed and expelled the
per annum shall be the prevailing rate of interest when fetus from her womb, Boy learned of the abortion six
applicable. (Nacar v. Gallery Frames, G.R. No. 189871, 13 Aug. (6) months later. Availing of that portion of Sec. 12 of
2013, applying BSP -MB Circular No. 799) Article II of the 1987 Constitution which reads:
NOTE: It is suggested that credit also be given if the The State xxx shall equally protect the life of the mother
examinees cite Tañada v. Tuvera (G.R. No. L-63915, 29 Dec. and the life of the unborn from conception, xxx which
1986) to support the conclusion that publication is he claims confers a civil personality on the unborn from
unnecessary in the case of interpretative regulations and the moment of conception. Boy filed a case for damages
those merely internal in nature, as the language of the against the abortionist, praying therein that the latter
problem may be interpreted by the examinees to refer only be ordered to pay him: (a) P30,000.00 as indemnity for
to mere guidelines or directory matters}. The examinee the death of the fetus, (b) P100, 000.00 as moral
should be given credit if he mentions that the actual base for damages for the mental anguish and anxiety he
computing the interest due on the loan or forbearance of suffered, (c) P50,000.00 as exemplary damages, (d)
money, goods or credit is the amount of the loans, P20,000.00 as nominal damages, and (e) P25,000.00 as
forbearance, plus whatever interest is stimulated in writing; attorney's fees.
otherwise, no interest may be charge for using the money.
(Art. 1956, NCC) May actual damages be also recovered? If so, what facts
should be alleged and proved? (1991 BAR)
(b) When the obligation does not constitute a
loan or forbearance of money. A: YES, provided that the pecuniary loss suffered should be
substantiated and duly proved.
A: The interest on the amount of damages awarded may be
imposed at the discretion of the court at the rate of 6% per MORAL DAMAGES
annum. No interest, however, shall be adjudged on (2002, 1996 BAR)
unliquidated claims or damages, except when or until the
demand can be established with reasonable certainty. Q: Ortillo contracts Fabricato, Inc. to supply and install
Accordingly, where the demand is established with tile materials in a building he is donating to his
reasonable certain- ty, the interest shall begin to run from province. Ortillo pays 50% of the contract price as per
the time the claim is made judicially or extra-judicially, but agreement. It is also agreed that the balance would be
when such certainty cannot be so reasonably established at payable periodically after every 10% performance
the time the demand is made, the interest shall begin to run until completed. After performing about 93% of the
only from the date the judgment of the court is made (at contract, for which it has been paid an additional 40%
which time the quantification of damages may be deemed to as per agreement, Fabricato, Inc. did not complete the
have been reasonably ascertained). The actual base for the project due to its sudden cessation of operations.
computation of legal interest shall, in any case, be on the Instead, Fabricato, Inc. demands payment of the last
amount finally adjudged. (Nacar v. Gallery Frames, G.R. No. 10% of the contract despite its non-completion of the
189871, 13 Aug. 2013) (2009-2017 UST FCL Bar Q&A) project. Ortillo refuses to pay, invoking the stipulation
that payment of the last amount 10% shall be upon
Q: If a pregnant woman passenger of a bus were to completion.
suffer an abortion following a vehicular accident due to
the gross negligence of the bus driver, may she and her
Fabricato, Inc. sues for the entire 10% plus damages. ALTERNATIVE ANSWER:
Ortillo counters with claims for (a) moral damages for
Fabricato, Inc.’s unfounded suit which has damaged his YES, based on breach of contract. The lessor has the
reputation as a philanthropist and respect obligation to undertake repairs to make the apartment
businessman in his community, and (b) attorney’s fees. habitable and to maintain the lessee in the peaceful and
(2002 BAR) adequate enjoyment of the lease for the entire duration of
the contract. (Art. 1654. NCC) Since there was willful breach
(a) Does Ortillo have a legal basis for his claim of contract by the lessor, the lessee is entitled to moral
for moral damages? damages under Art. 3220, NCC. She is also entitled to actual
damages, e.g., loss of income, medical expenses, etc., which
A: There is no legal basis to Ortillo’s claim for moral she can prove at the trial.
damages. It does not fall under the coverage of Art. 2219,
NCC. ALTERNATIVE ANSWER:
(b) How about his claim for attorney’s fees, YES, based on contract and/or on tort. The lessor willfully
having hired a lawyer to defend him? breached his obligations under Art. 1654, NCC. Hence, he is
liable for breach of contract. For such breach, the lessee may
A: Ortillo is entitled to attorney’s fees because Fabricato’s recover moral damages under Art. 2220 of the NCC, and
complaint is a case of malicious prosecution or a clearly actual damages that she may have suffered on account
unfounded civil action. (Art. 2208(4)(11), NCC) thereof. And since the conduct of the lessor was contrary to
morals, he may also be held liable for quasi- delict. The
Q: Rodolfo, married to Sharon, had an illicit affair with lessee may recover moral damages under Art. 2219(10),
his secretary, Nanette, a 19-year-old girl, and begot a NCC in relation to Art. 21, NCC, and all actual damages which
baby girl, Rona. Nanette sued Rodolfo for damages: she may have suffered by reason of such conduct under
actual, for hospital and other medical expenses in Arts. 9, 20 and 21, NCC.
delivering the child by caesarean section; moral,
claiming that Rodolfo promised to marry her, ALTERNATIVE ANSWER:
representing that he was single when, in fact, he was
not; and exemplary, to teach a lesson to like-minded YES, the action should prosper for both actual and moral
Lotharios. damages. In fact, even exemplary damages and attorney’s
fees can be claimed by Rosa, on the authority of Magbanua
If you were the judge, would you award all the claims of v. Intermediate Appellate Court (G.R. Nos. L-66870-72, 29
Nanette? Explain. June 1985), considering that, as given, the lessor’s willful
and illegal act of disconnecting the water and electric
A: If Rodolfo's marriage could not have been possibly services resulted in Rosa’s suffering a nervous breakdown.
known to Nanette or there is no gross negligence on the part Arts. 20 and 21, NCC authorize the award of damages for
of Nanette, Rodolfo could be held liable for moral damages. such willful and illegal conduct.
the 30-year period required by law in case of extraordinary 415(2) NCC which classifies as an immovable property
prescription. Since the property was converted into "trees, plants and growing fruits, while they are attached to
patrimonial only in 1991, the period of prescription the land or form an integral part of an immovable, the
commenced to run beginning that year only. Rigor's petroleum operation facility.
possession prior to the conversion of the property into
patrimonial cannot be counted for the purpose of Q: Pedro is the registered owner of a parcel of land
completing the prescriptive period because prescription situated in Malolos, Bulacan. In 1973, he mortgaged the
did not operate against the State at that time, the property land to the Philippine National Bank (PNB) to secure a
then being public dominion property. (Heirs of Mario loan of P100,000.00. For Pedro’s failure to pay the loan,
Malabanan v. Republic, G.R. No. 179987, 29 Apr. 2009 and 03 the PNB foreclosed on the mortgage in 1980, and the
Sept. 2013) Rigor may not likewise acquire ownership by land was sold at public auction to PNB for being the
virtue of the shorter 10-year ordinary prescription because highest bidder. PNB secured the title thereto in 1987.
his possession was not in good faith and without just title.
In the meanwhile, Pedro, who was still in possession of
Q: Manila Petroleum Co. owned and operated a the land, constructed a warehouse on the property. In
petroleum operation facility off the coast of Manila. The 1988, the PNB sold the land to Pablo. The Deed of Sale
facility was located on a floating platform made of wood was amended in 1989 to include the warehouse.
and metal, upon which was permanently attached the
heavy equipment for the petroleum operations and Pedro, claiming ownership of the warehouse, files a
living quarters of the crew. The floating platform complaint to annul the amended Deed of Sale before the
likewise contained a garden area, where trees, plants Regional Trial Court of Quezon City, where he resides,
and flowers were planted. The platform was tethered to against both the PNB and Pablo. The PNB filed a motion
a ship, the MV 101, which was anchored to the seabed. to dismiss the complaint for improper venue
(2007 BAR) contending that the warehouse is real property under
Art. 415(1) of the NCC and therefore the action should
(a) Is the platform movable or immovable have instead been filed in Malolos, Bulacan. Pedro
property? claims otherwise. The question arose as to whether the
warehouse should be considered as real or personal
A: The platform is an immovable property under Art. 415 property.
(9) NCC, which provides that “docks and structures which,
though floating, are intended by their nature and object to If consulted, what would your legal advice be? (1997
remain at a fixed place on a river, lake or coast.” Since the BAR)
floating platform is a petroleum operation facility, it is
intended to remain permanently where it is situated, even A: If I were consulted, I would advice that the warehouse
if it is tethered to a ship which is anchored to the seabed. which is a construction adhered to the soil is an immovable
by nature under Art. 415(1), NCC, and the proper venue of
(b) Are the equipment and living quarters movable any case to recover ownership of the same which is what
or immovable property? the purpose of the complaint to annul the amended Deed of
Sale amounts to, should be the place where the property is
A: The equipment and living quarters of the crew are located, or the RTC of Bulacan.
immovable property. Art. 415(3) of the NCC classifies as an
immovable “everything attached to an immovable in a fixed Q: Salvador, a timber concessionaire, built on his lot a
manner, in such a way that it cannot be separated therefrom warehouse where he processes and stores his timber
without breaking the material or deterioration of the for shipment. Adjoining the warehouse is a furniture
object.” Both the equipment and the living quarters are factory owned by NARRAMIX of which Salvador is a
permanently attached to the platform which is also an majority stockholder. NARRAMIX leased space in the
immovable. The equipment can also be classified as an warehouse where it placed its furniture-making
immovable property under Art. 415(5), NCC because such machinery. (1995 BAR)
equipment are “machinery, receptacles, instruments or
implements intended by the owner of the tenement for an (a) How would you classify the furniture-
industry or works which may be carried on in a building or making machinery as property under the
on a piece of land and which tend directly to meet the needs NCC? Explain.
of the industry or works.” It is logically assumed that the
petroleum industry may be carried on in a building or on a A: The furniture-making machinery is movable property
piece of land and the platform is analogous to a building. because it was not installed by the owner of the tenement.
To become immovable under Art. 415 (5) of the NCC, the
(c) Are the trees, plants and flowers immovable or machinery must be installed by the owner of the tenement.
movable property?
(b) Suppose the lease contract between
A: YES, the trees, plants and flowers planted in the garden Salvador and NARRAMIX stipulates that at
area of the platform are immovable property under Art. the end of the lease the machinery shall
become the property of the lessor, will your Q: A congregation for religious women, by way of
answer be the same? Explain. commodatum, is using the real property owned and
registered in the name of Sps. Manuel as a retreat
A: It is immovable property. When there is a provision in house. Maria, a helper of the congregation discovered a
the lease contract making the lessor, at the end of the lease chest in the backyard. When she opened the chest, it
owner of the machinery installed by the lessee, the said contained several pieces of jewelry and money. (2014
machinery is considered to have been installed by the lessor BAR)
through the lessee who acted merely as his agent. Having
been installed by the owner of the tenement, the machinery (a) Can the chest containing the pieces of
became immovable under Art. 415 of the NCC. (Davao jewelry and money be considered as hidden
Sawmill v. Castillo, G.R. No. L-40411, 07 Aug. 1935) treasure?
coins silver nickel content. The following filed legal conducted a relentless search and finally found the
claims over the notes and coins: treasure buried in a new riverbed formerly part of a
parcel of land owned by Sps. Tirso and Tessie. The old
i. Adam, as finder; river which used to cut through the land of Sps. Ursula
ii. Blas, as owner of the property where they were and Urbito changed its course through natural causes.
found; To whom shall the treasure belong? Explain (1995 BAR)
iii. Bank of the Philippine Islands (BPI), as
successor-in-interest of the owner of the vault; A: The treasure was found in a property of public dominion,
and the new riverbed. Since Tim did not have authority from the
iv. The Philippine Government because of their government and, therefore, was a trespasser, he is not
historical value. entitled to the one-half (1/2) share allotted to a finder of
hidden treasure. All of it will go to the State. In addition,
Who owns the notes and coins? (2008 BAR) under Art. 438 of the NCC in order that the finder be entitled
to the one-half (1/2) share, the treasure must be found by
A: Hidden treasure is a money jewelry or other precious chance, that is by sheer luck. In this case, since Tim found
objects the ownership of which does not appear. (Art. 439, the treasure not by chance but because he relentlessly
NCC) The vault of the Banco de las Islas Filipinas has been searched for it. Thus, he is not entitled to any share in the
buried for about a century and the BPI cannot succeed by hidden treasure.
inheritance to the property of Banco de las Islas Filipinas.
The ownership of the vault, together with the notes and Q: Marcelino, a treasure hunter as just a hobby, has
coins can now legally be considered as hidden treasure found a map which appears to indicate the location of
because its ownership is no longer apparent. The hidden treasure. He has an idea of the land where the
contractor, Adam, is not a trespasser and therefore entitled treasure might possibly be found. Upon inquiry,
to one-half (1/2) of the hidden treasure and Blas as owner Marcelino learns that the owner of the land, Leopoldo,
of the property, is entitled to the other half. (Art. 438, NCC) is a permanent resident of Canada. Nobody, however,
Since the notes and coins have historical value, the could give him Leopoldo's exact address. Ultimately,
government may acquire them at their just price which in anyway, he enters the land and conducts a search. He
turn will be divided equally between Adam and Blas. (Art. succeeds. Leopoldo learning of Marcelino's “find,” seeks
438(3), NCC) to recover the treasure from Marcelino but the latter is
not willing to part with it. Failing to reach an
Q: Anthony bought a piece of untitled agricultural land agreement, Leopoldo sues Marcelino for the recovery of
from Bert. Bert, in turn, acquired the property by the property. Marcelino contests the action. How would
forging Carlo's signature in a deed of sale over the you decide the case? (1997 BAR)
property. Carlo had been in possession of the property
for eight (8) years, declared it for tax purposes, and A: I would decide in favor of Marcelino since he is
religiously paid all taxes due on the property. Anthony considered a finder by chance of the hidden treasure, hence,
is not aware of the defect in Bert's title but has been in he is entitled to one-half (1/2) of the hidden treasure. While
actual physical possession of the property from the Marcelino may have had the intention to look for the hidden
time he bought it from Bert, who had never been in treasure, still he is a finder by chance since it is enough that
possession of the property for one year. he tried to look for it. By chance in the law does not mean
sheer luck such that the finder should have no intention at
Can Anthony acquire ownership of the property by all to look for the treasure. By chance means good luck,
acquisitive prescription? How many more years does implying that one who intentionally looks for the treasure
he have to possess it to acquire ownership? (2008 BAR) is embraced in the provision. The reason is that it is
extremely difficult to find hidden treasure without looking
A: YES, Anthony can acquire ownership of the property by for it deliberately.
ordinary prescription which requires just title and good
faith. (Art. 1117, NCC) There was just title because a deed of Marcelino is not a trespasser since there is no prohibition
sale was issued in his favor even though it was forged, which for him to enter the premises, hence, he is entitled to one-
in fact he was not aware of. He needs to possess the land in half (1/2) of the treasure.
good faith and in the concept of an owner for a total of ten
years in order to acquire ownership. Since Anthony
possessed the land for only one year, he has not completed
the ten-year period. Even if Anthony tacks the 8-year period
of possession by Carlo who in the deed of sale is supposed
to be his grantor or predecessor in interest (Art. 1138(1),
NCC), the period is still short of ten years.
2. RULES ON ACCESSION to pay the price of the land, and the one who sowed, the
(2020-21, 2019, 2016, 2015, 2014, 2013, 2009, 2008, proper rent; however, the builder or planter cannot be
2003, 2001, 2000, 1999, 1996, 1992 BAR) obliged to buy the land if its value is considerably more than
that of the building or trees. The law grants said rights to
the owner of the land. The builder in good faith, Mr. A in this
a. RIGHTS OF BUILDER/PLANTER/
case, cannot compel Mr. P, the owner of the land, to choose
SOWER IN GOOD FAITH
which right to exercise, for the option belongs to the owner
alone.
Q: A delayed accession is: (2014 BAR)
(A)Formation of an island
(b) Assuming that Mr. P all the while, knew but
(B)Avulsion
did not object to Mr. A's construction of the
(C) Alluvium
house on his property, may Mr. A compel Mr.
(D)Change in the course of the riverbed
P to purchase the said improvement due to
Mr. P's bad faith? Explain.
A: (B) Avulsion. (Art. 459, NCC)
had knowledge thereof. (Art. 453, NCC) In Plutarco's case, all three requisites are met, as the
accretion took place over several years, was caused by the
In cases where both the landowner and the builder acted in action of the river, and the land he owned borders a riven.
good faith, the landowner does not have the option to Therefore, he owns the increase in area by virtue of
demand the demolition of the work. (Art. 448, NCC) accretion.
Q: Josef owns a piece of land in Pampanga. The National (b) On the other hand, if the river dries up, may
Housing Authority (NHA) sought to expropriate the Plutarco validly claim a right of ownership of
property for its socialized housing project. The trial the dried-up river bed? Explain your answer.
court fixed the just compensation for the property at
P50 million. The NHA immediately deposited the same A: Rivers and their natural beds, being of public dominion
at the authorized depository bank and filed a motion (Art. 502(1), NCC), are not subject to appropriation or
for the issuance of a writ of possession with the trial accretion. The dried-up riverbed remains to be of public
court. Unfortunately, there was delay in the resolution dominion and Plutarco cannot validly claim a right
of the motion. Meanwhile, the amount deposited ownership over it. (Republic v. Santos, G.R. No. 160453, 12
earned interest. Nov. 2012)
When Josef sought the release of the amount deposited Q: Benjamin is the owner of a titled lot which is
NHA argued that Josef should only be entitled to P50 bounded on the north by the Maragondon River. An
million. Who owns the interest earned? (2017 BAR) alluvial deposit of two (2) hectares was added to the
registered area. Daniel took possession of the portion
A: Josef owns the interest earned. In Republic v. Holy Trinity formed by accretion and claims that he has been in
Realty Development Corp. (GR. No. 172410, 14 Apr. 2008), the open, continuous and undisturbed possession of said
Supreme Court has declared that upon deposit by the portion since 1923 as shown by a tax declaration. In
appropriator of the amount fixed for just compensation, the 1958, Benjamin filed a Complaint for Quieting of Title
owner whose property is sought to be expropriated and contends that the alluvium belongs to him as the
becomes the owner of the deposited amount. Any interest, riparian owner and that since the alluvium is, by law,
therefore, that accrues to such deposit belongs to the owner part and parcel of the registered property, the same
by right of accession. In the case at bar, Josef became the may be considered as registered property.
owner of the amount deposited by NHA. Thus, any interest
that accrues therefrom pertains to Josef by right of Decide the case and explain. (2017, 2016 BAR)
accession.
A: I will decide in favor of Daniel and dismiss the action to
NOTE: In the case of NPC v. Heirs of Ramoran (GR. No. quite title filed by Benjamin. Under Art. 457 of the NCC, the
193455, 13 June 2016), the Supreme Court ruled that the owner of lands adjoining the banks of rivers belong the
imposable rate of interest is 12% per annum from the time accretion which they gradually receive from the effects of
of the taking until 30 June 2013, and 6% per annum from 01 the current of the waters. The accretion, however, does not
July 2013 until full payment. automatically become registered land. It must be brought
under the Torrens system of registration by Benjamin, the
Q: Plutarco owned land that borders on a river. After riparian owner. Since he did not, then the increment, not
several years the action of the water of the river caused being registered land, was open to acquisition through
the deposit of soil and increased the area of Plutarco's prescription by third persons, like Daniel. (Grande v. Court
property by 200 square meters. (2017 BAR) of Appeals, G.R. No. L-17652, 30 June 1962; Cureg v. IAC, G.R.
No. 73465, 07 Sept. 1989)
(a) If Plutarco wants to own the increase in area,
what will be his legal basis for doing so? Explain Q: The properties of Jessica and Jenny, who are
your answer. neighbors, lie along the banks of the Marikina River. At
certain times of the year, the river would swell and as
A: Plutarco's legal basis for owning the increase in area the water recedes, soil, rocks and other materials are
would be by accretion under Art. 457 of the NCC, which says deposited on Jessica's and Jenny's properties. This
that the accretion of soil which is gradually received from pattern of the river swelling, receding and depositing
the effects of the current of the waters belongs to the soil and other materials being deposited on the
owners of land adjoining the banks of the river. The neighbors’ properties have gone on for many years.
requisites in order that the riparian owner will own the Knowing this pattern, Jessica constructed a concrete
alluvion deposited through the process of accretion are as barrier about 2 meters from her property line and
follows: (1) the deposit should be gradual and extending towards the river, so that when the water
imperceptible, (2) the cause of the accretion is the current recedes, soil and other materials are trapped within
of the river and is not artificial or man-made, and (3) the this barrier. After several years, the area between
land where the accretion takes place is adjacent to the river Jessica's property line to the concrete barrier was
bank. completely filled with soil, effectively increasing
Jessica's property by two (2) meters. Jenny's property,
where no barrier was constructed, also increased by built on his (Juan's) lot.
one meter along the side of the river. (2017, 2008 BAR)
Juan filed a Complaint for Recovery of Possession and
(a) Can Jessica and Jenny legally claim ownership prayed that the house be removed because Pedro is a
over the additional two (2) meters and one (1) builder in bad faith. Pedro filed his Answer with
meter, respectively, of land deposited along Counterclaim that he is entitled to the payment of the
their properties? value of the house plus damages because he is a builder
in good faith and that Juan is guilty of estoppel and
A: Jenny can legally claim ownership of the lands by right of laches. (2016 BAR)
accession (accretion) under Art. 457 of the NCC. The lands
came into being over the years through the gradual (a) If Pedro is a builder in good faith, what are the
deposition of soil and silt by the natural action of the waters rights given to Juan under the law? Explain.
of the river.
A: If Pedro is a builder in good faith and Juan is an owner in
Jessica cannot claim the two-meter-wide strip of land added good faith, Juan has the right to appropriate as his own the
to her land. Jessica constructed the cement barrier two house after payment of indemnity provided for in Arts. 546
meters in front of her property towards the river not to and 548 of the NCC, which are the necessary and useful
protect her land from the destructive forces of the water but expenses. As to useful expenses, Juan has the option to
to trap the alluvium. In order that the riparian owner may either refund the amount of the expenses or pay the
be entitled to the alluvium the deposition must occur increase in value which the land may have acquired by
naturally without the intervention of the riparian owner. reason thereof. Alternatively, under Art. 448 of the NCC,
(Republic v. Court of Appeals, G.R. No. L-61647, 12 Oct. 1984) Juan has the right to oblige Pedro to pay the price of the
land. However, Pedro cannot be obliged to buy the land if its
(b)If Jessica's and Jenny's properties are value is considerably more than that of the house. In such
registered, will the benefit of such registration case, he shall pay reasonable rend, if Juan does not choose
extend to the increased area of their to appropriate the house after proper indemnity. It is the
properties? owner of the land who is authorized to exercise the options
under Art. 448 because his right is older and by principle of
A: NO, the registration of Jessica’s and Jenny’s adjoining accession, he is entitled to the ownership of the accessory
property does not automatically extend to the accretions. thing.
They have to bring their lands under the operation of the
Torrens system of land registration following the procedure If Pedro is a builder in good faith and Juan is an owner in
prescribed in P.D. No. 1529. bad faith because Juan knew that Pedro was building on his
lot and did not oppose it (Art. 453(2)), and Art. 454, in
(c) Assume the two properties are on a cliff relation to Art. 447 of the NCC applies. Juan shall pay the
adjoining the shore of Laguna Lake. Jessica and value of the house and is also liable for reparation of
Jenny had a hotel built on the properties. They damage. However, Pedro also has the right to remove or
had the earth and rocks excavated from the demolish the house and ask for damages.
properties dumped on the adjoining shore,
giving rise to a new patch of dry land. Can they (b) If Pedro is a builder in bad faith, what are the
validly lay claim to the patch of land? rights given to Juan under the law? Explain.
A: NO, Jessica and Jenny cannot validly lay claim to the price A: If Pedro is a builder in bad faith and Juan is an owner in
of dry land that resulted from the dumping of rocks and good faith, Juan has three options. He may appropriate the
earth materials excavated from their properties because it improvements without indemnity under Art. 449 of the NCC
is a reclamation without authority. The land is part of the or demand the demolition of the house in order to replace
lakeshore, if not the lakebed, which is inalienable land of the things to their former condition at Pedro’s expense under
public domain. Art. 450 or compel Pedro to pay the price of the land. In
addition to these options, Juan is also entitled to damages
Q: Pedro bought a parcel of land described as Cadastral from Pedro.
Lot No. 123 and the title was issued to his name. Juan
also bought a lot in the same place, which is described If Pedro is a builder in bad faith and Juan is an owner in bad
as Cadastral Lot No. 124. Pedro hired a geodetic faith, it shall be as if both of them were in good faith. (Art.
engineer to determine the actual location of Lot No. 123 453, NCC)
but for some reason, the engineer pointed to Lot No.
124 by mistake. Pedro hired a contractor to construct Q: Mr. and Mrs. X migrated to the US with all their
his house and the latter put up a sign stating the name children. As they had no intention of coming back, they
of the owner of the project and the construction permit offered their house and lot for sale to their neighbors,
number. It took more than a year before the house was Mr. and Mrs. A (the buyers) who agreed to buy the
constructed. When Pedro was already residing in his property for 128 Million. Because Mr. and Mrs. A
house, Juan told him to remove his house because it was needed to obtain a loan from a bank first, and since the
sellers were in a hurry to migrate, the latter told the the property leased, the lessor upon the termination of the
buyers that they could already occupy the house, lease shall pay the lessee one-half (1/2) of the value of the
renovate it as it was already in a state of disrepair, and improvements at that time. Should the lessor refuse to
pay only when their loan is approved and released. reimburse said amount, the lessee may remove the
While waiting for the loan approval, the buyers spent improvements even though the principal thing may suffer
P1 Million in repairing the house. A month later, a damage thereby.
person carrying an authenticated special power of
attorney from the sellers demanded that the buyers (b) Can Boboy be held liable for damages for
either immediately pay for the property in full now or removing the improvements over Anselmo's
vacate it and pay damages for having made objection?
improvements on the property without a sale having
been perfected. What are the buyers' options or legal A: NO. Boboy cannot be held liable for damages. The lessor,
rights with respect to the expenses they incurred in Anselmo, refused to reimburse one-half (1/2) of the value
improving the property under circumstances? (2015 of the improvements, so the lessee, Boboy, may remove the
BAR) same, even though the principal thing may suffer damage
thereby. If in removing the useful improvements Boboy
A: The buyers here may be deemed possessors or builders caused more impairment on the property leased than what
in good faith because they were made to believe that they is necessary, he will be liable for damages. (Art. 1678, NCC)
were allowed to make repairs or renovation by the sellers
themselves. As builders in good faith, they have the right to Q: Ciriaco Realty Corporation (CRC) sold to the Sps. Dela
seek reimbursement for the value of the improvements in Cruz a 500-square meter land (Lot A) in Paranaque. The
case the owner decides to appropriate them. They cannot land now has a fair market value of P1,200,000. CRC
be asked to remove the improvements because that is not likewise sold to the Sps. Rodriguez, a 700-square meter
one of the options given by law to the landowner in case the land (Lot B) which is adjacent to Lot A. Lot B has a
builder is in good faith. present fair market value of P1,500,000. The Sps. Dela
Cruz constructed a house on Lot B, relying on their
Q: Anselmo is the registered owner of a land and a presentation of the CRC sales agent that it is the
house that his friend Boboy occupied for a nominal property they purchased. Only upon the completion of
rental and on the condition that Boboy would vacate the their house did the Sps. Dela Cruz discover that they had
property on demand. With Anselmo's knowledge, built on Lot B owned by the Sps. Rodriguez, not on Lot A
Boboy introduced renovations consisting of an that they purchased. They spent P1,000,000 for the
additional bedroom, a covered veranda, and a concrete house. As their lawyer, advise the Sps. Dela Cruz on
block fence, at his own expense. Subsequently, Anselmo their rights and obligations under the given
needed the property as his residence and thus asked circumstances, and the recourses and options open to
Boboy to vacate and turn it over to him. Boboy, despite them to protect their interests. (2013, 2001, 1992 BAR)
an extension, failed to vacate the property, forcing
Anselmo to send him a written demand to vacate. In his A: Based on the facts as stated, the Sps. Dela Cruz as builders
own written reply, Boboy signified that he was ready to and the Sps. Rodriguez as landowners, are both in good
leave but Anselmo must first reimburse him the value faith. The Sps. Dela Cruz are builders in good faith because
of the improvements he introduced on the property as before constructing the house they exercised due diligence
he is a builder in good faith. Anselmo refused, insisting by asking the agent of CRC the location of Lot A. and they
that Boboy cannot ask for reimbursement as he is a relied on the information given by the agent who is
mere lessee. Boboy responded by removing the presumed to know the identity of the lot purchased by the
improvements and leaving the building in its original Sps. Dela Cruz. (Pleasantville v. Court of Appeals, G.R. No.
state. (2013, 1990 BAR) 79688, 01 Feb. 1996) On the other hand, there is no showing
that the landowners, Sps. Rodriguez, acted in bad faith. The
(a) Resolve Boboy's claim that as a builder in good facts do not show that the building was done with their
faith, he should be reimbursed the value of the knowledge and without opposition on their part. (Art. 453,
improvements he introduced. NCC) Good faith is always presumed. (Art. 527, NCC) The
owner of the land on which anything has been built, sown
A: Boboy’s claim that he is a builder in good faith has no or planted in good faith shall have the right:
legal basis. A builder in good faith is someone who occupies 1. to appropriate as his own the works after payment
the property in the concept of an owner. The provisions on of the indemnity provided for in Arts. 546 and 548,
builder-planter-sower under the NCC cover cases in which NCC; or
the builder, planter and sower believe themselves to be 2. to oblige the one who built to pay the price of the
owners of the land, or at least, to have a claim of title land.
thereto. As Boboy is a lessee of the property, even if he was
paying nominal rental, Art. 1678, NCC is applicable. Under However, the builder cannot be obliged to buy the land if its
this provision, if the lessee makes, in good faith, useful value is considerably more than that of the building. In such
improvements which are suitable to the use for which the case, he shall pay reasonable rent if the owner of the land
lease is intended without altering the form or substance of does not choose to appropriate the building or trees after
proper indemnity. (Art. 448, NCC) one in the concept of owner. They must repudiate the
possession in the concept of holder by executing
The house constructed by the Sps. Dela Cruz is considered unequivocal acts of repudiation amounting to ouster of
as a useful expense, since it increased the value of the lot. As Marciano, known to Marciano and must be proven by clear
such, should the Sps. Rodriguez decide to appropriate the and convincing evidence. Only then would his possession
house, the Sps. Dela Cruz are entitled to the right of become adverse.
retention pending reimbursement of the expenses they
incurred or the increase in value which the thing may have (b)What rights, if any, does Ulpiano have against
acquired by reason of the improvement. (Art. 546, NCC) Marciano? Explain.
Thus, the Sps. Dela Cruz may demand P1,000,000 as
payment of the expenses in building the house or increase A: Although Ulpiano is a possessor in bad faith because he
in value of the land because of the house as a useful knew he does not own the land, he will lose the three huts
improvement, as may be determined by the court front the he built in bad faith and make an accounting of the fruits he
evidence presented during the trial. (Depra Dumlao, G.R. No. has gathered, he has the right to deduct from the value of
L-57348, 16 May 1985; Technogas Phils. v. Court of Appeals, the fruits the expenses for production, gathering and
G.R. No. 108894, 10 Feb. 1997) preservation of the fruits. (Art. 443, NCC)
Q: Marciano is the owner of a parcel of land through He may also ask for reimbursement of the taxes he has paid,
which a river runs out into the sea. The land had been as these are charges on the land owned by Marciano. This
brought under the Torrens System and is cultivated by obligation is based on a quasi-contract. (Art. 2175, NCC)
Ulpiano and his family as farmworkers therein. Over
the years, the river has brought silt and sediment from Q: Andres is a riparian owner of a parcel of registered
its sources up in the mountains and forests so that land. His land, however, has gradually diminished in
gradually the land owned by Marciano increased in area due to the current of the river, while the registered
area by three hectares. Ulpiano built three huts on this land of Mario on the opposite bank has gradually
additional area, where he and his two married children increased in area by 200-square meters. (2003 BAR)
live. On this same area, Ulpiano and his family planted
peanuts, monggo beans, and vegetables. Ulpiano also (a) Who has the better right over the 200- square
regularly paid taxes on the land, as shown by tax meter area that has been added to Mario’s
declarations, for over thirty years. When Marciano registered land, Mario or Andres?
learned of the increase in the size of the land, he
ordered Ulpiano to demolish the huts, and demanded A: Mario has a better right over the 200 square meters
that he be paid his share in the proceeds of the harvest. increase in area by reason of accretion, applying Art. 457 of
Marciano claims that under the NCC, the alluvium the NCC, which provides that “to the owners of lands
belongs to him as a registered riparian owner to whose adjoining the banks of rivers belong the accretion which
land the accretion attaches, and that his right is they gradually received from the effects of the current of the
enforceable against the whole world. (2009 BAR) waters.” Andres cannot claim that the increase in Mario’s
land is his own, because such is an accretion and not a result
(a) Is Marciano correct? Explain. of the sudden detachment of a known portion of his land
and its attachment to Mario’s land, a process called
A: YES, Marciano’s contention is correct. Since that “avulsion”. He can no longer claim ownership of the portion
accretion was deposited on his land by the action of the of his registered land which was gradually and naturally
waters of the river and he did not construct any structure to eroded due to the current of the river, because he had lost it
increase the deposition of soil and silt, Marciano by operation of law. That portion of the land has become
automatically owns the accretion. His real right of part of the public domain.
ownership is enforceable against the whole world including
Ulpiano and his two married children. Although Marciano’s (b) May a third person acquire said 200- square
land is registered, the three (3) hectares land deposited meter land by prescription?
through accretion was not automatically registered. As an
unregistered land, it is subject to acquisitive prescription by A: YES, a third party may acquire by prescription the 200
third persons. square meters, increase in area, because it is not included in
the Torrens Title of the riparian owner. Hence, this does not
Although Ulpiano and his children live in the three (3) involve the imprescriptibility conferred by Sec. 47, P.D. No.
hectare unregistered land owned by Marciano, they are 1529. The fact that the riparian land is registered does not
farm workers; therefore, they are possessors not in the automatically make the accretion thereto a registered land.
concept of owners but in the concept of mere holders. Even (Grande v. Court of Appeals, G.R. No. L- 17652, 30 June 1962;
if they possess the land for more than 30 years, they cannot Jagualing v. Court of Appeals, G.R. No. 94283, 04 Mar. 1991)
become the owners thereof through extraordinary
acquisitive prescription, because the law requires Q: For many years, the Rio Grande river deposited soil
possession in the concept of the owner. Payment of taxes along its bank, beside the titled land of Jose. In time,
and tax declaration are not enough to make their possession such deposit reached an area of one thousand square
meters. With the permission of Jose, Vicente cultivated Q: In good faith, Pedro constructed a five-door
the said area. Ten years later, a big flood occurred in the commercial building on the land of Pablo who was also
river and transferred 1000 square meters to the in good faith. When Pablo discovered the construction,
opposite bank, beside the land of Agustin. The land he opted to appropriate the building by paying Pedro
transferred is now contested by Jose and Agustin as the cost thereof. However, Pedro insists that he should
riparian owners, and by Vicente who claims ownership be paid the current market value of the building, which
by prescription. was much higher because of inflation. (2000 BAR)
Who should prevail? Why? (2001 BAR) (a) Who is correct Pedro or Pablo?
A: Jose’s claim should prevail. The disputed area, which is A: Pablo is correct. Under Art. 448, NCC in relation to Art.
an alluvion, belongs by right of accretion to Jose, the 546, NCC, the builder in good faith is entitled to a refund of
riparian owner. (Art. 457, NCC) When, as given in the the necessary and useful expenses incurred by him, or the
problem, the very same area was "transferred" by flood increase in value which the land may have acquired by
waters to the opposite bank, it became an avulsion and reason of the improvement, at the option of the landowner.
ownership thereof is retained by Jose who has two years to The builder is entitled to a refund of the expenses he
remove it. (Art. 459, NCC) Vicente's claim based on incurred, and not to the market value of the improvement.
prescription is baseless since his possession was by mere The case of Pecson v. Court of Appeals (G.R. No. 115814, 26
tolerance of Jose and, therefore, did not adversely affect May 1995) is not applicable to the problem. In the Pecson
Jose's possession and ownership. (Art. 537, NCC) Inasmuch case, the builder was the owner of the land who later lost
as his possession is merely that of a holder, he cannot the property at a public sale due to non-payment of taxes.
acquire the disputed area by prescription. The Court ruled that Art. 448, NCC does not apply to the case
where the owner of the land is the builder but who later lost
Q: Mike built a house on his lot in Pasay City. Two years the land; not being applicable, the indemnity that should be
later, a survey disclosed that a portion of the building paid to the buyer must be the fair market value of the
actually stood on the neighboring land of Jose, to the building and not just the cost of construction thereof. The
extent of 40 square meters. Jose claims that Mike is a Court opined in that case that to do otherwise would
builder in bad faith because he should know the unjustly enrich the new owner of the land.
boundaries of his lot and demands that the portion of
the house which encroached on his land should be (b) In the meantime, that Pedro is not yet paid, who
destroyed or removed. Mike replies that he is a builder is entitled to the rentals of the building, Pedro
in good faith and offers to buy the land occupied by the or Pablo?
building instead. (2001 BAR)
A: Pablo is entitled to the rentals of the building. As the
(a) Is Mike a builder in good faith or bad faith? owner of the land, Pablo is also the owner of the building
Why? being an accession thereto. However, Pedro who is entitled
to retain the building is also entitled to retain the rentals.
A: Mike is a builder in good faith. There is no showing that He, however, shall apply the rentals to the indemnity
when he built his house, he knew that a portion thereof payable to him after deducting reasonable cost of repair and
encroached on Jose's lot. Unless one is versed in the science maintenance.
of surveying, he cannot determine the precise boundaries
or location of his property by merely examining his title. In Q:
the absence of contrary proof, the law presumes that the (a) Because of confusion as to the boundaries of
encroachment was done in good faith. (Technogas Phils. v. the adjoining lots that they bought from the
Court of Appeals, G.R. No. 108894, 10 Feb. 1997) same subdivision company, X constructed a
house on the adjoining lot of Y in the honest
(b) Whose preference should be followed? Why? belief that it is the land that he bought from
the subdivision company. What are the
A: NONE of the preferences shall be followed. The respective rights of X and Y with respect to
preference of Mike cannot prevail because under Art. 448 of X's house?
the NCC, it is the owner of the land who has the option or
choice, not the builder. On the other hand, even though the A: The rights of Y, as owner of the lot, and of X, as builder of
option belongs to Jose, he cannot demand that the portion a house thereon, are governed by Art. 448 of the NCC which
of the house encroaching on his land be destroyed or grants to Y the right to choose between two remedies: (a)
removed because this is not one of the options given by law appropriate the house by indemnifying X for its value plus
to the owner of the land. The owner may choose between whatever necessary expenses the latter may have incurred
the appropriation of what was built after payment of for the preservation of the land, or (b) compel X to buy the
indemnity, or to compel the builder to pay for the land if the land if the price of the land is not considerably more than
value of the land is not considerably more than that of the the value of the house. If it is, then X cannot be obliged to
building. Otherwise, the builder shall pay rent for the buy the land, but he shall pay reasonable rent, and in case of
portion of the land encroached. disagreement, the court shall fix the terms of the lease.
(b) Suppose X was in good faith but Y knew that the increase in value which the thing may have acquired by
X was constructing on his (Y's) land but reason thereof. The increase in value amounts to
simply kept quiet about it, thinking perhaps P50,000.00.
that he could get X's house later. What are
the respective rights of the parties over X's (c) Assuming that the cost of the house was
house in this case? (1999 BAR) P900,000.00 and not P100,000.00, may A
require B to buy the land?
A: Since the lot owner Y is deemed to be in bad faith (Art.
453, NCC), X as the party in good faith may (a) remove the A: YES, A may require B to buy the land. Art. 448 of the NCC
house and demand indemnification for damages suffered by provides that the owner of the land on which anything has
him, or (b) demand payment of the value of the house plus been built in good faith shall have the right to oblige the one
reparation for damages. (Art. 447, in relation to Art 454, who built to pay the price of the land if its value is not
NCC) Y continues as owner of the lot and becomes, under considerably more than that of the building.
the second option, owner of the house as well, after he pays
the sums demanded. (d)If B voluntarily buys the land as desired by A,
under what circumstances may A nevertheless
Q: Bartolome constructed a chapel on the land of Eric. be entitled to have the house removed?
What are his right if he were: (1996 BAR)
A: If B agrees to buy land but fails to pay, A can have the
(a) A possessor of the land in good faith? house removed. (Depra Dumlao, G.R. No. L-57348, 16 May
1985; Technogas Phils. v. Court of Appeals, G.R. No. 108894,
A: A chapel is a useful improvement. Bartolome may 10 Feb. 1997)
remove the chapel if it can be removed without damage to
the land, unless Eric chooses to acquire the chapel. In the (e) In what situation may a “forced lease” arise
latter case, Bartolome has the right to the reimbursement of between A and B, and what terms and
the value of the chapel with right of retention until he is conditions would govern the lease?
reimbursed. (Art. 448, in relation to Art. 546 and 547, NCC)
A: Art. 448 of the NCC provides that the builder cannot be
(b)A possessor of the land in bad faith? obliged to buy the land if its value is considerably more than
that of the building. In such case, he shall pay reasonable
A: Bartolome, under Art. 449 of the NCC, loses whatever he rent, if the owner of the land does not choose to appropriate
built, without any right to indemnity. the building after proper indemnity. The parties shall agree
upon the terms of the lease and in case of disagreement, the
Q: A owns a parcel of residential land worth court fix the terms thereof.
P500,000.00. Unknown to A, a residential house costing
P100,000.00 is built on the entire parcel by B who
claims ownership of the land. Answer all the following C. CO-OWNERSHIP
questions based on the premise that B is a builder in (2020-21, 2015, 2009, 2008, 2006, 2002, 2000, 1998,
good faith and A is a landowner in good faith. 1993 BAR)
stranger to the family, for P5 million. to divide the net profits among themselves equally for
a period of 20 years. On the 8th year, X wanted to get
Do Ester and Rufus have a remedy for keeping the land out of the co-ownership so he could get his 1/3 share in
within their family? the property. Y and Z refused, saying X is bound by their
agreement to keep the co-ownership for 20 years.
A. Yes, they may be subrogated to Raffy’s right by
reimbursing to him within the required time Are Y and Z correct? Explain. (2015 BAR)
what he paid Raul.
B. Yes, they may be subrogated to Raffy’s right A: Y and Z are partly correct. The law provides that none of
provided they buy him out before he registers the co-owners shall be obliged to remain in the co-
the sale. ownership and it is the right of a co-owner to ask for
C. No, they can be subrogated to Raffy’s right only partition of the co- ownership anytime. One exception to the
with his conformity. rule is if the co-owners agree to keep the thing undivided
D. No, since there was no impediment to Raul which period shall not exceed ten (10) years. In this case,
selling his inheritance to a stranger. (2011 the agreement to keep the thing undivided shall be valid at
BAR) the most for ten years. (Art. 494, NCC)
A: (A) Yes, they may be subrogated to Raffy’s right by Q: Anthony bought a piece of untitled agricultural land
reimbursing to him within the required time what he paid from Bert. Bert, in turn, acquired the property by
Raul. forging Carlo's signature in a deed of sale over the
property. Carlo had been in possession of the property
Q: Four siblings co-own a two-hectare, commercially for eight (8) years, declared it for tax purposes, and
viable property located next to a major road. The religiously paid all taxes due on the property. Anthony
siblings have equal shares but none of them have is not aware of the defect in Bert's title but has been in
exerted any efforts to partition the property. actual physical possession of the property from the
time he bought it from Bert, who had never been in
A large retail conglomerate then offered to purchase possession of the property for one year. (2008 BAR)
the entire property. Three of the siblings were willing
to sell, but one refused, wanting to hold on to the land (a) If Carlo is able to legally recover his property,
in memory of their departed parents. can he require Anthony to account for all the
fruits he has harvested from the property
The three willing siblings proceeded to sell their while in possession?
respective shares in the property to the large retail
conglomerate, after the sale, the conglomerate filed a A: Anthony is a possessor in good faith. Anthony cannot be
case in court to partition the property. made to account for the fruits he gathered before he was
served with summons. A possessor in good faith is entitled
Should the court allow the partition? Explain briefly. to the fruits received before the possession was legally
(2020-21 BAR) interrupted by the service of summons. (Art. 554, NCC) After
Anthony was served with summons, he became a possessor
A: YES, the court should allow the partition of the property. in bad faith and a builder, planter, sower in bad faith. He can
As a rule, no co-owner shall be obliged to remain in the co- also be made to account for the fruits, but he may deduct
ownership. Each co-owner may demand at any time the expenses or production gathering and preservation of the
partition of the thing owned in common, insofar as his share fruits. (Art. 443, NCC)
is concerned. (Art. 494, NCC)
(b) If there are standing crops on the property
Also, each co-owner shall have the full ownership of their when Carlo recovers possession, can Carlo
part and of the fruits and benefits pertaining thereto, and appropriate them?
they may therefore alienate, assign, or mortgage it, and even
substitute another person in its enjoyment, except when A: The value of the standing crops must be prorated
personal rights are involved. But the effect of the alienation depending upon the period of possession and the period of
or the mortgage, with respect to the co-owners, shall be growing and producing the fruits. Anthony is entitled to a
limited to the portion which may be allotted to him in the part of the net harvest and a part of expenses of cultivation
division upon the termination of the co-ownership. (Art. in proportion to his period of possession. Carlo may
493, NCC) The retail conglomerate who bought the appropriate the respective parts subject to prorating the
undivided shares of the three siblings stepped into the respective periods of possession. However, Carlos may
shoes of the latter and may therefore ask for partition of the allow Anthony to gather these growing fruits as an
property. (Bar Q&A by Paguirigan, 2022) indemnity for the expenses of cultivation. If Anthony
refuses to accept the concession, he shall lose the right to
Q: X, Y, and Z are siblings who inherited a 10-story indemnity under Art. 443, NCC. (Art. 545(3), NCC)
building from their parents. They agreed in writing to
maintain it as a co-owned property for leasing out and
Q: Antonio, Bart, and Carlos are brothers. They able to sell one- half of the land in 1985 by claiming to
purchased from their parents specific portions of a be the sole heir of his parents. Having reached
parcel of land as evidenced by three separate deeds of retirement age in 1990, Rosario returned to the
sale, each deed referring to a particular lot in metes and province and upon learning what had transpired,
bounds. When the deeds were presented for demanded that the remaining half of the land be given
registration, the Register of Deeds could not issue to her as her share. Ramon opposed, asserting that he
separate certificates of title due to the absence of a has already acquired ownership of the land by
subdivision plan. The new title had to be issued, prescription, and that Rosario is barred by laches from
therefore, in the names of the brothers as co-owners of demanding partition and reconveyance. Decide the
the entire property. The situation has not change up to conflicting claims. (2000 BAR)
now, but each of the brothers has been receiving rentals
exclusively from the lot actually purchased by him. A: Ramon is wrong on both counts: prescription and laches.
Antonio sells his lot to a third person, with notice to his His possession as co-owner did not give rise to acquisitive
brothers. To enable the buyer to secure a new title in prescription. Possession by a co-owner is deemed not
his name, the deed of sale was made to refer to an adverse to the other co-owners but is, on the contrary,
undivided interest in the property of the seller deemed beneficial to them. (Pangan v. Court of Appeals, G.R.
(Antonio), with the metes and bound for the lot sold No. L-39299, 18 Oct. 1988) Ramon’s possession will become
being stated. Bart and Carlos reacted by signifying their adverse only when he has repudiated the co-ownership and
exercise of their right redemption as co-owners. such repudiation was made known to Rosario. Assuming
Antonio, in his behalf and in behalf of his buyer, that the sale in 1985 where Ramon claimed he was the sole
contend that they are no longer co-owners, although heir of his parents amounted to repudiation of the co-
the title covering the property has remained in their ownership; the prescriptive period began to run only from
names as such. that time. Not more than 30 years having lapsed since then,
the claim of Rosario has not yet prescribed. The claim of
May Bart and Carlos still redeem the lot sold by laches is not also meritorious. Until the repudiation of the
Antonio? Explain. (2002 BAR) co-ownership was made known to the other co- owners, no
right has been violated for the said co-owners, no right has
A: NO, they may not redeem because there was no co- been violated for the said co-owners to vindicate. Mere
ownership among Antonio, Bart, and Carlos to start with. delay in vindicating the right, standing alone, does not
Their parents already partitioned the land in selling constitute laches.
separate portions to them. (Si v. Court of Appeals, G.R. No.
122047, 12 Oct. 2000) Q: Ambrosio died, leaving his three daughters, Belen,
Rosario and Sylvia a hacienda which was mortgaged to
Q: Senen and Peter are brothers. Senen migrated to the Philippine National Bank due to the failure of the
Canada early while still a teenager. Peter stayed in daughters to pay the bank, the latter foreclosed the
Bulacan to take care of their widowed mother and mortgage, and the hacienda was sold to it as the highest
continued to work on the Family farm even after her bidder. Six (6) months later, Sylvia won the grand prize
death. Returning to the country some thirty years after at the lotto and used part of it to redeem the hacienda
he had left, Senen seeks a partition of the farm to get his from the bank.
share as the only co-heir of Peter. Peter interposes his
opposition, contending that acquisitive prescription Thereafter, she took possession of the hacienda and
has already set in and that estoppel lies to bar the action refused to share its fruits with her sisters, contending
for partition, citing his continuous possession of the that it was owned exclusively by her, having bought it
property for at least 10 years, for almost 30 years in from the bank with her own money. Is she correct or
fact. It is undisputed that Peter has never openly not? (2000, 1993 BAR)
claimed sole ownership of the property. If he ever had
the intention to do so, Senen was completely ignorant A: Sylvia is not correct. The three (3) daughters are the co-
of it. Will Senen’s action prosper? Explain. (2002, 2000 owners of the hacienda being the only heirs of Ambrosio.
BAR) When the property was foreclosed, the right of redemption
belongs also to the three daughters. When Sylvia redeemed
A: YES, Senen’s action will prosper. Art. 494 of the NCC the entire property before the lapse of the redemption
provides that “no prescription shall run in favor of a co- period, she also exercised the right of redemption of her co-
owner or co-heir against his co-owners or co-heirs so long owners on their behalf. As such, she is holding the shares of
as he expressly or impliedly recognizes the co-ownership her two sisters in the property and all the fruits
nor notified Senen of his having repudiated the same.” corresponding thereto, in trust for them. Redemption by
one co-owner inures to the benefit of all. (Adille v. Court of
Q: In 1955, Ramon and his sister Rosario inherited a Appeals, G.R. No. L-44546, 29 Jan. 1988) Sylvia, however, is
parcel of land in Albay from their parents. Since Rosario entitled to be reimbursed the shares of her two sisters in the
was gainfully employed in Manila, she left Ramon alone redemption price.
to process and cultivate the land. However, Ramon
never shared the harvest with Rosario and was even
Q: Juan and his sister Juana inherited from their mother (c) Is B’s sole decision to build the fence binding
two parcels of farmland with exactly the same areas. upon A and C? May B require A and C to
For convenience, the Torrens certificates of title contribute their 2/3 share of the expense?
covering both lots were placed in Juan’s name alone. In Reasons.
1996, Juan sold to an innocent purchaser one parcel in
its entirety without the knowledge and consent of A: B’s sole decision to build the concrete fence is not binding
Juana, and wrongfully kept for himself the entire price upon A and C. Expenses to improve the thing owned in
paid. Since the two lots have the same area, suppose common must be decided upon by a majority of the co-
Juana files a complaint to have herself declared sole owners who represent the controlling interest. (Arts. 489
owner of the entire remaining second lot, contending and 492, NCC)
that her brother had forfeited his share thereof by
wrongfully disposing of her undivided share in the first (d)Is C’s sole decision to build the grotto binding
lot, will the suit prosper? (1998 BAR) upon A and B? May C require A and B to
contribute their 2/3 share of the expense?
A: Juana’s suit to have herself declared as sole owner of the Reasons.
entire remaining area will not prosper because while Juan’s
act in selling the other lot was wrongful, it did not have the A: C’s sole decision to build the grotto is not binding upon A
legal effect of forfeiting his share in the remaining lot. and B who cannot be required to contribute to the expenses
However, Juana can file an action against Juan for partition for the embellishment of the thing owned in common if not
or termination of the co-ownership with a prayer that the decided upon by the majority of the co-owners who
lot sold be adjudicated to Juan, and the remaining lot be represent the controlling interest. (Arts. 489 and 492, NCC)
adjudicated and reconveyed to her.
(e) What are the legal effects of the contract of sale
Q: A, B, and C are the co-owners in equal shares of a executed by A, C and X? Reasons.
residential house and lot. During their co-ownership,
the following acts were respectively done by the co- A: The sale to X shall not bind the 1/3 share of B and shall
owners: be deemed to cover only the 2/3 share of A and C in the land.
1. A undertook the repair of the foundation of (Art. 493, NCC) B shall have the right to redeem the 2/3
the house, then tilting to one side, to prevent share sold to X by A and C since X is a third person. (Art.
the house from collapsing. 1620, NCC)
2. B and C mortgaged the house and lot to
secure a loan.
3. B engaged a contractor to build a concrete D. POSSESSION
fence all around the lot. (2007, 2006, 2000, 1997, 1991, 1990 BAR)
4. C built a beautiful grotto in the garden.
5. A and C sold the land to X for a very good
price. (1992 BAR)
Q: Distinguish between possession and occupation as
these terms are commonly used in Book II and Book III
(a) Is A’s sole decision to repair the foundation of
of the NCC. (2007, 1997 BAR)
the house binding on B and C? May A require B
and C to contribute their 2/3 share of the
A: Possession is a real right, while occupation is one of the
expense? Reasons.
original modes of acquiring ownership and other real
rights. Possession, the holding of a thing or the exercise of a
A: YES. A’s sole decision to repair the foundation is binding
right does not in itself constitute ownership. There can be
upon B and C. B and C must contribute 2/3 of the expense.
possession without ownership.
Each co-owner has the right to compel the other co-owners
to contribute to the expense of preservation of the thing
1. KINDS OF POSSESSION
(the house) owned in common in proportion to their
respective interests. (Arts. 485 and 488, NCC)
2. ACQUISITION OF POSSESSION
to sign a prepared Lease Contract so that he and his deliver a thing is different from the obligation to pay its
family could continue occupying the unit. Manny price. (EDCA Publishing Co. v. Sps. Santos, G.R. No. 80298, 26
refused to sign the contract alleging that his parents Apr. 1990)
allowed him and his family to continue occupying the
premises. If you were George's counsel, what legal steps Q: Jacob has owned a farmland in Ramos, Tarlac. In
will you take? Explain. (2006 BAR) 2012, Liz surreptitiously entered and cultivated the
property. In 2014, Jacob discovered Liz’s presence in
A: As George’s counsel, I will give Manny a written demand and cultivation of the property. Due to his being busy
to vacate within a definite period, say 15 days. After the attending to his business in Cebu, he tolerated Liz’s
lapse of 15-day period, I will file an action for unlawful cultivation of the property. Subsequently, in December
detainer to recover the possession of the apartment from 2016, Jacob wanted to regain possession of the
Manny. Manny’s occupation of the premises was by mere property. Hence, he sent a letter to Liz demanding that
tolerance of his parents. When all the co-heirs/co-owners she vacate the property. Liz did not vacate despite
assigned the two-door apartment to Janine in the demand. Jacob comes to enlist your legal assistance to
extrajudicial partition, Janine became the sole owner of the bring an action against Liz to recover the possession of
same. He continued to occupy it under the same familial the property.
arrangement. Upon the sale of the property to George,
Manny’s lawful occupation of the property was terminated What remedies are available to Jacob to recover
and Manny’s refusal to sign the lease contract and to vacate possession of his property under the circumstances?
the premises after the period to vacate lapsed made his Explain your answer. (2017, 2012, 2006 BAR)
occupation unlawful, hence, entitling George to the remedy
of unlawful detainer. A: The remedy available to Jacob is accion publiciana or an
action for the recovery of the better right of possession or
Q: Felix cultivated a parcel of land and planted it with possession as a real right. It also refers to an ejectment suit
sugar cane, believing it to be his own. When the crop filed after the expiration of one year from accrual of the
was eight months old and harvestable after two more cause of action or from the unlawful withholding of
months, a resurvey of the land showed that it really possession of the realty.
belonged to Fred. What are the options available to
Fred? (2000 BAR) Since the entry made by Liz is through stealth, Jacob could
have filed an action for forcible entry. Ordinarily, the one-
A: As to the pending crops planted by Felix in good faith, year period within which to bring an action for forcible
Fred has the option of allowing Felix to continue the entry is generally counted from the date of actual entry on
cultivation and to harvest the crops, or to continue the the land, except that when the entry is through stealth, the
cultivation and harvest the crops himself. In the latter one-year period is counted from the time the plaintiff
option, however, Felix shall have the right to a part of the learned thereof. Here, since more than year had elapsed
expenses of cultivation and to a part of the net harvest, both since Jacob learned of the entry made by Liz through stealth,
in proportion to the time of possession. (Art. 545 NCC) the action that may be filed by Jacob is no longer forcible
entry, but an accion publiciana. (Canlas v. Tubil, G.R. No.
Q: Pablo sold his car to Alfonso who issued a postdated 184285, 25 Sept. 2009; Valdez v. Court of Appeals, G.R. No.
check in full payment therefor. Before the maturity of 132424, 02 May 2006)
the check, Alfonso sold the car to Gregorio who later
sold it to Gabriel. When presented for payment, the ALTERNATIVE ANSWER:
check issued by Alfonso was dishonored by the drawee
bank for the reason that he, Alfonso, had already closed Jacob can file an action for unlawful detainer against Liz to
his account even before he issued his check. Pablo sued regain possession of the property. An action for unlawful
to recover the car from Gabriel alleging that he (Pablo) detainer is proper when the defendant’s initial right to
had been unlawfully deprived of it by reason of possession of the property has terminated but he
Alfonso's deception. Will the suit prosper? (1991, 1990 unlawfully withholds possession thereof. It has to be filed
BAR) within one year from the termination of his right to
possession. Although Liz surreptitiously entered in 2012,
A: NO. The suit will not prosper because Pablo was not her possession became lawful when Jacob discovered it and
unlawfully deprived of the car although he was unlawfully allowed her to continue possession by tolerance in 2014.
deprived of the price. The perfection of the sale and the Liz’s right to possession terminated in December 2016
delivery of the car was enough to allow Alfonso to have a when Jacob demanded her to vacate the property. Since
right of ownership over the car, which can be lawfully today is Nov. 2017, it is still within one year from the
transferred to Gregorio. Art. 559 applies only to a person termination of Liz’s right to possession. Therefore, Jacob
who is in possession in good faith of the property, and not can file an action for unlawful detainer.
to the owner thereof. Alfonso, in the problem, was the
owner, and, hence, Gabriel acquired the title to the car. Non-
payment of the price in a contract of sale does not render
ineffective the obligation to deliver. The obligation to
Andres demanded that part of the fence be removed to A: YES. Ava has the right to demand from Julia the activation
maintain his old access route to the highway (pathway of the right of way, for the following reasons:
A), but Brando refused, claiming that there was another 1. The easement of the right of way is a real right
available pathway (pathway B) for ingress and egress which attaches to, and is inseparable from, the
to the highway. Andres countered that pathway B has estate to which it belongs.
defects, is circuitous, and is extremely inconvenient to 2. The sale of the property includes the easement or
use. servitude, even if the deed of sale is silent on the
matter.
To settle their dispute, Andres and Brando hired 3. The vendee of the property in which a servitude or
Damian, a geodetic and civil engineer, to survey and easement exists cannot close or put obstructions
examine the two pathways and the surrounding areas, thereon to prevent the dominant estate from using
and to determine the shortest and the least prejudicial it.
way through the servient estates. After the survey, the 4. Ava’s working abroad for more than ten (10) years
engineer concluded that pathway B is the longer route should not be construed as non-user, because it
and will need improvements and repairs but will not cannot be implied from the fact that she or those
significantly affect the use of Brando's property. On the she left behind to cultivate the lot no longer use the
other hand, pathway A that had long been in place, is the right of way.
shorter route but would significantly affect the use of 5. Renunciation or waiver of an easement must be
Brando's property. specific, clear, express and made in a public
instrument in accordance of Art. 1358 of the NCC.
In light of the engineer's findings and the circumstances
of the case, resolve the parties' right of way dispute. (b) Assuming Ava opts to demand a right of way
(2013, 1996 BAR) from any of the owners of Lots A, B, and D, can
she do that? Explain.
A: I will rule in favor of Brando. The easement of right of
way should be established at a point least prejudicial to the A: YES. Ava has the option to demand a right of way on any
servient estate where the distance from the dominant of the remaining lots of Franz more so after Franz sold lot C
estate to the public highway may be the shortest. (Art. 650, to Julia. The essential elements of a legal right of way under
NCC) Arts. 649 and 650 of the NCC are complied with.
If these two conditions do not concur in one estate, the Q: Don was the owner of an agricultural land with no
criterion of least prejudice prevails over shortest distance. access to a public road. He had been passing through
(Quimen v. Court of Appeals, G.R. No. 112331, 29 May 1996) the land of Ernie with the latter's acquiescence for over
20 years. Subsequently, Don subdivided his property
In this case, to establish the easement on the property of into 20 residential lots and sold them to different
Brando would significantly affect his use of his property persons. Ernie blocked the pathway and refused to let
whereas while Pathway B may prove to be the longer route, the buyers pass through his land. (2005 BAR)
it will cause least prejudice to Brando. Andres’ argument
that Pathway B is circuitous and inconvenient to use should (a) Did Don acquire an easement of right of way?
not be given weight because the true test of the Explain.
establishment of an easement is adequacy. Convenience of
the dominant estate has never been the gauge for the A: Don did not acquire an easement of right of way. His
establishment of the easement. (Costabella Corporation v. passage through Ernie’s land was by mere acquiescence or
Court of Appeals, G.R. No. 80511, 25 Jan. 1991; Cristobal vs. tolerance. He cannot claim to have acquired the easement of
Ledesma, G.R. No. 125339, 22 June 1998) right of way by prescription, because this easement is
discontinuous although apparent. Only continuous and
Q: Franz was the owner of Lot E which was surrounded apparent easements can be acquired by prescription of 10
by four (4) lots one of which – Lot C – he also owned. He years of uninterrupted use and enjoyment.
promised Ava that if she bought Lot E, he would give her
a right of way in Lot C. Convinced, Ava bought Lot E and, (b)What are the rights of the lot buyers, if any?
as promised, Franz gave her a right of way in Lot C. Ava Explain.
cultivated Lot E and used the right of way granted by
Franz. Ava later found gainful employment abroad. On A: Prior to the grant of an easement, the buyers of the
her return after more than 10 years, the right of way dominant estate have no other right than to compel grant of
was no longer available to her because Franz had in the easement of right of way. Since the properties of the buyers
meantime sold Lot C to Julia who had it fenced. (2010 are surrounded by other immovable and has no adequate
BAR) outlet to a public highway and the isolation is not due to
their acts, buyers may demand an easement of a right of way
(a) Does Ava have a right to demand from Julia the provided proper indemnity is paid and the right of way
activation of her right of way? Explain. demanded is the shortest and least prejudicial to Ernie.
Q: Emma bought a parcel of land from Equitable-PCI any public highway or street, or any body of
Bank, which acquired the same from Felisa, the original water; or
owner. Thereafter, Emma discovered that Felisa had v. Hinders or impairs the use of property.
granted a right of way over the land in favor of the land
of Georgina, which had no outlet to a public highway, A nuisance may be whether public or private. Under Art.
but the easement was not annotated when the servient 685 of the NCC, a public nuisance affects a community or
estate was registered under the Torrens system. Emma neighborhood or any considerable number of persons,
then filed a complaint for cancellation of the right of although the extent of the annoyance, danger of damage
way, on the ground that it had been extinguished by upon individuals may be unequal. A private nuisance, on the
such failure to annotate. other hand, is one that violates only private rights and
produces damage to but one or a few persons.
How would you decide the controversy? (2001 BAR)
(a) A squatter’s hut
A: The complaint for cancellation of easement of right of
way must fail. The failure to annotate the easement upon A: A squatter’s hut being an illegal construction, constitutes
the title of the servient estate is not among the grounds for a public nuisance per se, if it poses problems of health and
extinguishing an easement under Art. 631 of the NCC. Under sanitation. (City of Manila v. Garcia, G.R. No. L-26053, 21 Feb.
Art. 617 of the NCC, easements are inseparable from the 1967) If the squatter’s hut is built on a private land and
estate to which they actively or passively belong. Once it hinders or impairs the owner’s use of his or her own
attaches, it can only be extinguished under Art. 631, and property, then it would constitute a private nuisance.
they exist even if they are not stated or annotated as an
encumbrance on the Torrens title of the servient estate. (b) A swimming pool
(Tolentino, 1987)
A: A swimming pool is not a nuisance and is an exception to
c. LIGHT AND VIEW the attractive nuisance doctrine. (Hidalgo v. Guillermo, G.R.
No. L-3422, 13 June 1952) It generally does not cause an
injury, harm or prejudice to an individual or the public. (Art.
G. NUISANCE 694(1), NCC)
(2017, 2006, 2005 BAR)
(c) A house of prostitution
nuisance per se is a nuisance in and of itself, without regard child would be impaired if Maria would be allowed to keep
to circumstances. the entire property. After taking into account the value of
the property, Maria can be made to reconvey the property
to the extent necessary to satisfy the legitime of Jose’s
H. MODES OF ACQUIRING OWNERSHIP illegitimate daughter provided that the woman claiming to
be Jose’s child can prove her filiation to the deceased.
considered as not written, and the obligation is converted can trigger acquisitive prescription. (Solis v. Court of
into a pure and simple one. However, in order that an illegal Appeals, G.R. No. L-46753-54, 25 Aug. 1989; Doliendo v.
condition may annul a contract, the impossibility must exist Biarnesa, G.R. No. L-2765, 27 Dec. 1906) The void donation
at the time of the creation of the obligation; a supervening has a quality of titulo colorado enough for acquisitive
impossibility does not affect the existence of the obligation. prescription especially since 12 years had lapsed from the
(UPLC Suggested Answers) deed of donation.
Q: Jose, single, donated a house and lot to his only niece, A: The donation is a donation inter vivos.
Maria, who was of legal age and who accepted the
donation. The donation and Maria's acceptance thereof When the donor intends that the donation shall take effect
were evidenced by a Deed of Donation. Maria then lived during the lifetime of the donor, though the property shall
in the house and lot donated to her, religiously paying not be delivered till after the donor’s death, this shall be a
real estate taxes thereon. Twelve years later, when Jose donation inter vivos. (Art. 729, NCC) The NCC prefers inter
had already passed away, a woman claiming to be an vivos transmissions. Moreover, mortis causa donations
illegitimate daughter of Jose filed a complaint against should follow the formalities of a will. (Art. 728, NCC) Here,
Maria. Claiming rights as an heir, the woman prayed there is no showing that such formalities were followed.
that Maria be ordered to reconvey the house and lot to Thus, it is favorable to Jennifer that the deed is a donation
Jose's estate. In her complaint she alleged that the inter vivos.
notary public who notarized the Deed of Donation had
an expired notarial commission when the Deed of Furthermore, what is most significant in determining the
Donation was executed by Jose. Can Maria be made to type of donation is the absence of stipulation that the donor
reconvey the property? What can she put up as a could revoke the donation. On the contrary, the deeds
defense? (2015 BAR) expressly declare them to be “irrevocable,” a quality
absolutely incompatible with the idea of conveyances
A: NO. Maria cannot be compelled to reconvey the property. mortis causa where revocability is the essence of the act, to
The Deed of Donation was void because it was not the extent that a testator cannot lawfully waive or restrict
considered a public document. However, a void donation his right of revocation. The provisions of the deed of
donation which state that the same will only take effect donation was not perfected. It was not perfected because
upon the death of the donor and that there is a prohibition although it was made in a public document, the donee failed
to alienate, encumber, dispose, or sell the same should be to notify the donor of such acceptance in an authentic form
harmonized with its express irrevocability. (Austria-Magat before the donation was revoked under Art. 749 of the NCC.
v. Court of Appeals, G.R. No. 106755, 01 Feb. 2002) Such notification was necessary for the donation to become
valid and binding.
Q: In 1986, Jennifer and Brad were madly in love. In
1989, because a certain Picasso painting reminded Q: In 1950, Dr. Alba donated a parcel of land to Central
Brad of her, Jennifer acquired it and placed it in his University on condition that the latter must establish a
bedroom. In 1990, Brad and Jennifer broke up. While medical college on the land to be named after him. In
Brad was mending his broken heart, he met Angie and the year 2000, the heirs of Dr. Alba filed an action to
fell in love. Because the Picasso painting reminded annul the donation and for the reconveyance of the
Angie of him, Brad in his will bequeathed the painting property donated to them for the failure, after 50 years,
to Angie. Brad died in 1995. Saddened by Brad's death, of the University to establish on the property a medical
Jennifer asked for the Picasso painting as a school named after their father. The University
remembrance of him. Angie refused and claimed that opposed the action on the ground of prescription and
Brad, in his will, bequeathed the painting to her. also because it had not used the property for some
purpose other than that stated in the donation. Should
Is Angie correct? Why or why not? (2007 BAR) the opposition of the University to the action of Dr.
Alba’s heirs be sustained? Explain. (2006, 2003 BAR)
A: NO, Angie is not correct. The Picasso painting is not given
or donated by Jennifer to Brad. She merely “placed it in his A: The donation may be revoked. The non-establishment of
bedroom.” Hence, she is still the owner of the painting. Not the medical college on the donated property was a
being the owner of the Picasso painting, Brad cannot validly resolutory condition imposed on the donation by the donor.
bequeath the same to Angie. (Art. 930, NCC) Even assuming Although the Deed of Donation did not fix the time for the
that the painting was impliedly given or donated by Jennifer establishment of the medical college, the failure of the
to Brad, the donation is nevertheless void for not being in donee to establish the medical college after fifty (50) years
writing. The Picasso painting must be worth more than from the making of the donation should be considered as
5,000 pesos. Under Art. 748, NCC, the donation and occurrence of the resolutory condition, and the donation
acceptance of a movable worth more than 5,000 pesos must may now be revoked. While the general rule is that in case
be in writing, otherwise the donation is void, Jennifer the period is not fixed in the agreement of the parties, the
remained the owner of the Picasso painting and Brad could period must be fixed first by the court before the obligation
not have validly disposed of said painting in favor of Angie may be demanded, the period of fifty (50) years was more
in his will. than enough time for the done to comply with the condition.
Hence, in this case, there is no more need for the court to fix
Q: Sps. Alfredo and Racquel were active members of a the period because such procedure with the condition.
religious congregation. They donated a parcel of land in (Central Philippine University v. Court of Appeals, G.R. No.
favour of that congregation in a duly notarized Deed of 112127, 17 July 1995)
Donation, subject to the condition that the Minister
shall construct thereon a place of worship within one Q: Anastacia purchased a house and lot on installments
(1) year from the acceptance of the donation. In an at a housing project in Quezon City. Subsequently, she
affidavit he executed on behalf of the congregation, the was employed in California and a year later, she
Minister accepted the donation. The Deed of Donation executed a deed of donation, duly authenticated by the
was not registered with the Registry of Deeds. Philippine Consulate in Los Angeles, California,
donating the house and lot to her friend Amanda. The
However, instead of constructing a place of worship, the latter brought the deed of donation to the owner of the
Minister constructed a bungalow on the property he project and discovered that Anastacia left unpaid
used as his residence. Disappointed with the Minister, installments and real estate taxes. Amanda paid these
the Sps. revoked the donation and demanded that he so that the donation in her favor can be registered in the
vacate the premises immediately. But the Minister project owner's office. Two months later, Anastacia
refused to leave, claiming that aside from using the died, leaving her mother Rosa as her sole heir.
bungalow as his residence, he is also using it as a place
for worship on special occasions. Rosa filed an action to annul the donation on the ground
that Amanda did not give her consent in the deed of
Under the circumstances, can Alfredo and Racquel evict donation or in a separate public instrument. Amanda
the Minister and recover possession of the property? If replied that the donation was an onerous one because
you were the couple's counsel, what action you take to she had to pay unpaid installments and taxes; hence her
protect the interest of your clients? (2006 BAR) acceptance may be implied.
A: As counsel for the couple, I may file an action for Who is correct? (2000 BAR)
reconveyance of the property on the ground that the
A: Rosa is correct because the donation is void. The the donor did not intend to transfer ownership or
property donated was an immovable. For such donation to possession of the donated property to the donee until the
be valid, Art. 749 of the NCC requires both the donation and donor's death, would result in a donation mortis causa and
the acceptance to be in a public instrument. There being no in this kind of disposition, the formalities of a will should be
showing that Amanda's acceptance was made in a public complied with, otherwise, the donation is void. In this
instrument, the donation is void. The contention that the Instance, donation mortis causa embodied only in a public
donation is onerous and therefore, need not comply with instrument without the formalities of a will could not have
Art. 749 for validity is without merit. The donation is not transferred ownership of disputed property to another.
onerous because it did not impose on Amanda the
obligation to pay the balance on the purchase price or the Q: On 21 Jan. 1986, A executed a deed of donation inter
arrears in real estate taxes. Amanda took it upon herself to vivos of a parcel of land to Dr. B who had earlier
pay those amounts voluntarily. For a donation to be constructed thereon a building in which research on
onerous, the burden must be imposed by the donor on the the dreaded disease AIDS were being conducted. The
donee. In the problem, there is no such burden imposed by deed, acknowledged before a notary public, was
the donor on the donee. The donation not being onerous, it handed over by A to Dr. B who received it. A few days
must comply with the formalities of Art. 749, NCC. after, A flew to Davao City. Unfortunately, the airplane
he was riding crashed on landing killing him. Two days
Q: Arturo borrowed P500,000.00 from his father. After after the unfortunate accident. Dr. B, upon advice of a
he had paid P300,000.00, his father died. When the lawyer, executed a deed acknowledged before a notary
administrator of his father's estate requested payment public accepting the donation. Is the donation effective?
of the balance of P200,000.00. Arturo replied that the Explain your answer. (1998, 1993 BAR)
same had been condoned by his father as evidenced by
a notation at the back of his check payment for the A: NO, the donation is not effective. The law requires that
P300,000.00 reading: “In full payment of the loan.” Will the separate acceptance of the donee of an immovable must
this be a valid defense in an action for collection? (2000 be done in a public document during the lifetime of the
BAR) donor. (Arts. 746 & 749, NCC) In this case, B executed the
deed of acceptance before a notary public after the donor
A: It depends. If the notation "in full payment of the loan" had already died.
was written by Arturo's father, there was an implied
condonation of the balance that discharges the obligation. Q: On 27 July 1997, Pedro mailed in Manila a letter to
In such case, the notation is an act of the father from which his brother Jose, a resident of Iloilo City, offering to
condonation may be inferred. The condonation being donate a vintage sports car which the latter had long
implied, it need not comply with the formalities of a been wanting to buy from the former. On 05 Aug. 1997,
donation to be effective. The defense of full payment will, Jose called Pedro by cellular phone to thank him for his
therefore, be valid. generosity and to inform him that he was sending by
mail for his letter of acceptance. Pedro never received
When, however, the notation was written by Arturo himself. that letter because it was never mailed. On 14 Aug.
It merely proves his intention in making that payment but 1997, Pedro received a telegram from Iloilo informing
in no way does it bind his father. (Yam v. Court of Appeals, him that Jose had been killed in a road accident the day
G.R No. 104726, 11 Feb. 1999) In such case, the notation was before (13 Aug. 1997). (1998 BAR)
not the act of his father from which condonation may be
inferred. There being no condonation at all, the defense of (a) Is there a perfected donation?
full payment will not be valid.
A: NONE. There is no perfected donation. Under Art. 748 of
Q: Ernesto donated in a public instrument a parcel of the NCC, the donation of a movable may be made orally or
land to Demetrio, who accepted it in the same in writing. If the value of the personal property donated
document. It is there declared that the donation shall exceeds five thousand pesos, the donation and the
take effect immediately, with the donee having the right acceptance shall be made in writing. Assuming that the
to take possession of the land and receive its fruits but value of the thing donated, a vintage sports car, exceeds
not to dispose of the land while Ernesto is alive as well P5,000.00, then the donation and the acceptance must be in
as for ten years following his death. Moreover, Ernesto writing. In this instance, the acceptance of Jose was not in
also reserved in the same deed his right to sell the writing, therefore, the donation is void. Upon the other
property should he decide to dispose of it at any time - hand, assuming that the sports car costs less than
a right which he did not exercise at all. After his death, P5,000.00, the donation may be oral, but still, the
Ernesto's heirs seasonably brought an action to recover simultaneous delivery of the car is needed and there being
the property, alleging that the donation was void as it none, the donation was never perfected.
did not comply with the formalities of a will. Will the
suit prosper? (1998, 1990 BAR) (b) Will your answer be the same if Jose did mail his
acceptance letter, but it was received by Pedro
A: YES, the suit will prosper as the donation did not comply in Manila days after Jose’s death?
with the formalities of a will. In this instance, the fact that
A: YES, the answer is the same. If Jose’s mail containing his 3. PRESCRIPTION
acceptance of the donation was received by Pedro after the
former’s death, then the donation is still void because under
a. GENERAL PROVISIONS
Art. 734 of the NCC, the donation is perfected the moment
the donor knows of the acceptance by the done. The death
b. PRESCRIPTION OF OWNERSHIP
of Jose before Pedro could receive the acceptance indicates
AND OTHER REAL RIGHTS
that the donation was never perfected. Under Art. 746 of the
NCC, acceptance must be made during the lifetime of both
c. PRESCRIPTION OF ACTIONS
the donor and the done.
A: (A) No, after more than 6 years, the action to enforce the
verbal agreement has already elapsed.
1. ACCION INTERDICTAL
A. PERSONAL PROPERTY SECURITIES ACT
2. ACCION PUBLICIANA
With regard the chattel mortgage, Act No. 1508, the Chattel
Mortgage Law, requires an affidavit of good faith stating
that the chattel mortgage is supposed to stand as security
for the loan; thus, for validity of the chattel mortgage, it month; and (c) the assessments or taxes, if any, paid by the
must be in a public document and recorded in the Chattel purchaser, with the same rate of interest (Sec. 28, Rules of
Mortgage Register in the Registry of Deeds. Court). Unless there is an express stipulation to that effect,
the creditor cannot be compelled to receive partial payment
A real estate mortgage under the provisions of Art. 2125, of the prestation. (Art. 1248, NCC)
NCC requires that in order that a mortgage may be validly
constituted the document in which it appears be recorded. Q: Amador obtained a loan of P300,000 from Basilio
If the instrument is not recorded, the mortgage is payable on March25, 2012. As security for the payment
nevertheless valid and binding between the parties. Hence, of his loan, Amador constituted a mortgage on his
for validity of both chattel and real estate mortgages, they residential house and lot in Basilio's favor. Cacho, a
must appear in a public instrument. But for purposes of good friend of Amador, guaranteed and obligated
enforceability, it is submitted that the form of the contract, himself to pay Basilio, in case Amador fails to pay his
whether in a public or private document, would be loan at maturity. (2013 BAR)
immaterial (Mobil Oil v. Diocares, G.R. No. L-26371, 30 Sept.
1969). Also, under Art. 1358, NCC, acts and contracts which 1) If Amador fails to pay Basilio his loan on March
have for their object the creation or transmission of real 25, 2012, can Basilio compel Cacho to pay?
rights over immovable property must be in a public
document fur greater efficacy, and a real estate mortgage is (A) No, Basilio cannot compel Cacho to pay
a real right over immovable property. because as guarantor, Cacho can invoke the
principle of excussion, i.e., all the assets of
(b) Lito's failure to pay led to the extra-judicial Basilio must first be exhausted.
foreclosure of the mortgaged real property. (B) No, Basilio cannot compel Cacho to pay
Within a year from foreclosure, Lito tendered a because Basilio has not exhausted the
manager's check to Ferdie to redeem the available remedies against Amador.
property. Ferdie refused to accept payment on (C) Yes, Basilio can compel Cacho to pay because
the ground that he wanted payment in cash: the the nature of Cacho's undertaking indicates
check does not qualify as legal tender and does that he has bound himself solidarily with
not include the interest payment. Is Ferdie's Amador.
refusal justified? (D) Yes, Basilio can compel Cacho who bound
himself to unconditionally pay in case
A: Ferdie’s refusal is justified. A check, whether a manager’s Amador fails to pay; thus the benefit of
check or ordinary check, is not legal tender, and an offer of excussion will not apply.
a check in payment of a debt is not a valid tender if
payment and may be refused receipt by the obligee or A: (B) Basilio has in his favor a Real Estate Mortgage and he
creditors. (Philippine Airlines v. Court of Appeals, GR. No. L- should exhaust his legal remedies against Amador. (Art.
49188, 30 Jan. 1990) Mere delivery of checks does not 2058, NCC)
discharge the obligation under a judgment. A check shall
produce the effect of payment only when they have been 2) If Amador sells his residential house and lot to
cashed or when through the fault of the creditor, they have Diego, can Basilio foreclose the real estate
been impaired. (Art. 1249, NCC) mortgage?
However, it is not necessary that the right of redemption be (A) Yes, Basilio can foreclose the real estate
exercised by delivery of legal tender. A check may be used mortgage because real estate mortgage
for the exercise of right of redemption, the same being a creates a real right that attaches to the
right and not an obligation. The tender of a check is property.
sufficient to compel redemption but is not in itself a (B) Yes, Basilio can foreclose the real estate
payment that relieves the redemptioner from his liability to mortgage. It is binding upon Diego as the
pay the redemption price. (Bianca v. Gimenez, G.R. No. mortgage is embodied in a public
132768, 09 Sept. 2005) Redemption within the period instrument.
allowed by law is not a matter of intent but a question of (C) No, Basilio cannot foreclose the real estate
payment of valid tender of full redemption price within the mortgage. The sale confers ownership on the
said period. Whether the redemption is being made under buyer, Diego, who must therefore consent.
Act 3135 or under the General Banking Law, the mortgagor (D) No, Basilio cannot foreclose the real estate
or his assignee is required to tender payment to make said mortgage. To deprive the new owner of
redemption valid. (Heirs of Quisumbing v. PNB, GR. No. ownership and possession is unjust and
178242, 20 Jan. 2009) Moreover, Ferdie's refusal was inequitable.
justified on the ground that the amount tendered does not
include interest. In order to effect the redemption of the A: (A) Art. 2126, NCC. The mortgage directly and
foreclosed property, the payment to the purchaser must immediately subjects the property upon which it is
include the following sums: (a) the bid price; (b) the interest imposed, whoever the possessor may be to the fulfillment
on the bid price, computed at one per centum (1%) per of the obligation for whose security it was constituted.
A: NO, Cesar cannot ask for the cancellation of Don's title in (a) Did Rod acquire title to the land? Explain.
the ejectment case filed by Don against him. Under Sec. 48
of PD 1529, the Property Registration Decree, a Torrents A: NO, Rod did not acquire title to the land. The inscription
title shall not be subject to collateral attack. It cannot be in the registry, to be effective, must be made in good faith.
altered, modified or cancelled except in a direct proceeding The defense of indefeasibility of a Torrens Title does not
in accordance with law. The ejectment proceeding does not extend to a transferee who takes the certificate of title with
provide the proper forum for the cancellation of Don’s title. notice of a flaw. A holder in bad faith of a certificate of title
While Cesar’s counterclaim for cancellation of Don’s title is not entitled to the protection of the law, for the law cannot
may be considered a direct attack, the same should be used as a shield for frauds. (Samonte v. Court of Appeals,
nevertheless be denied on procedural grounds because a G.R. No. 104223, 12 July 2001) In the case at bar, Rod only
forged Cesar's signature on the Deed of Sale. It is very free patent law.
apparent that there was bad faith on the part of Rod from
the very beginning. As such, he is not entitled to the 2. The government can seek annulment of the original and
protection of the Land Registration Act. transfer certificates of title and the reversion of the land
to the state. Eddie's defense is untenable. The
(b) Discuss the rights of Don, if any, over the protection afforded by the Torrens System to an
property. innocent purchaser for value can be availed of only if
the land has been titled thru judicial proceedings where
A: It is a well-known rule in this jurisdiction that persons the issue of fraud becomes academic after the lapse of
dealing with registered land have the legal right to rely on one year from the issuance of the decree of registration.
the face of the Torrens Certificate of Title and to dispense In public land grants, the action of the government to
with the need to inquire further, except when the party annul a title fraudulently obtained does not prescribe
concerned has actual knowledge of facts and circumstances such action and will not be barred by the transfer of the
that would impel a reasonably cautious man to make such title to an innocent purchaser for value.
inquiry. (Naawan Community Rural Bank v. Court of Appeals,
G.R. No. 128573, 13 Jan. 2003) In the given problem, the Q: In 1950, the Bureau of Lands issued a Homestead
property was already registered in the name of Rod when patent to A. Three (3) years later, A sold the homestead
he bought the same from the latter. Thus, Don could be to B. A died in 1990, and his heirs filed an action to
considered as a buyer in good faith and for value. However, recover the homestead from B on the ground that its
since Rod did not actually sell any property to him, Don has sale by their father to the latter is void under Sec. 118
no right to retain ownership over the property. He has only of the Public Land Law. B contends, however, that the
the right to recover the purchase price plus damages. heirs of A cannot recover the homestead from him
anymore because their action has prescribed and that
Q: In 1979, Nestor applied for and was granted a Free furthermore, A was in pari delicto. Decide. (1999 BAR)
Patent over a parcel of agricultural land with an area of
30 hectares, located in General Santos City. He A: The sale of the land by A to B three (3) years after
presented the Free Patent to the Register of Deeds, and issuance of the homestead patent, being in violation of Sec.
he was issued a corresponding Original Certificate of 118 of the Public Land Act, is void from its inception. The
Title (OCT) No. 375, Subsequently, Nestor sold the land action filed by the heirs of B to declare the nullity or
to Eddie. The deed of sale was submitted to the Register inexistence of the contract and to recover the land should
of Deeds and on the basis thereof, OCT No. 375 was be given due course. B's defense of prescription is untenable
cancelled, and Transfer Certificate of Title (TCT) No. because an action which seeks to declare the nullity or
4576 was issued in the name of Eddie. In 1986, the inexistence of a contract does not prescribe. On the other
Director of Lands filed a complaint for annulment of hand, B's defense of in pari delicto is equally untenable.
OCT No. 375 and TCT No. 4576 on the ground that While as a rule, parties who are in pari delicto have no
Nestor obtained the Free Patent through fraud. Eddie recourse against each other on the principle that a
filed a motion to dismiss on the ground that he was an transgressor cannot profit from his own wrongdoing, such
innocent purchaser for value and in good faith and as rule does not apply to violations of Sec. 118 of the Public
such, he has acquired a title to the property, which is Land Act because of the underlying public policy in the said
valid, unassailable, and indefeasible. Decide the Act "to conserve the land which a homesteader has acquired
motion. (2000 BAR) by gratuitous grant from the government for himself and his
family".
A: The motion of Nestor to dismiss the complaint for
annulment of O.C.T. No. 375 and T.C.T. No. 4576 should be In keeping with this policy, it has been held that one who
denied for the following reasons: purchases a homestead within the five-year prohibitory
period can only recover the price which they have paid by
1. Eddie cannot claim protection as an innocent purchaser filing a claim against the estate of the deceased seller
for value nor can he interpose the defense of (Labrador v. Delos Santos, G.R. No. 44947, 26 Nov. 1938)
indefeasibility of his title, because his TCT is rooted on under the principle that no one shall enrich himself at the
a void title. Under Sec. 91 of CA No. 141, as amended, expense of another. Applying the pari delicto rule to
otherwise known as the Public Land Act, statements of violation of Sec. 118 of the Public Land Act, the Court of
material facts in the applications for public land must Appeals has ruled that “the homesteader suffers the loss of
be under oath. Sec. 91 of the same act provides that the fruits realized by the vendee who in turn forfeits the
such statements shall be considered as essential improvement that he has introduced into the land”. (Obot v.
conditions and parts of the concession, title, or permit Sandadiuas, 69 OG, Apr. 1966)
issued any false statement therein, or omission of facts
shall ipso facto produce the cancellation of the Q: In 1950's, the Government acquired a big landed
concession. The patent issued to Nestor in this case is estate in Central Luzon from the registered owner for
void ab initio not only because it was obtained by fraud subdivision into small farms and redistribution of bona
but also because it covers 30 hectares which is far fide occupants, F was a former lessee of a parcel of land,
beyond the maximum of 24 hectares provided by the five hectares in area. After completion of the resurvey
and subdivision, F applied to buy the said land in A: Even if the government joins C, this will not alter the
accordance with the guidelines of the implementing outcome of the case so much because of estoppel as an
agency. Upon full payment of the price in 1957, the express provision in Sec. 45 of Act 496 and Sec. 31 of PD
corresponding deed of absolute sale was executed in 1529 that a decree of registration and the certificate of title
his favor and was registered, and in 1961, a new title issued in pursuance thereof “shall be conclusive upon and
was issued in his name. In 1963, F sold the said land to against all persons, including the national government and
X; and in 1965 X sold it to Y, new titles were successively all branches thereof, whether mentioned by name in the
issued in the names of the said purchasers. In 1977, C application or not.”
filed an action to annul the deeds of sale to F, X and Y
and their titles, on the ground that he had been in actual PRESCRIPTION AND LACHES
physical possession of the land, and that the sale to F (2002, 2000, 1998, 1992 BAR)
and the subsequent sales should be set aside on the
ground of fraud. Upon motion of defendants, the trial Q: Way back in 1948, Winda’s husband sold in favor of
court dismissed the complaint, upholding their Verde Sports Center Corp. (Verde) a 10-hectare
defenses of their being innocent purchasers for value, property belonging to their conjugal partnership. The
prescription, and laches. Plaintiff appealed. (1990 BAR) sale was made without Winda’s knowledge, much less
consent. In 1950, Winda learned of the sale, when she
(a) Is the said appeal meritorious? Explain your discovered the deed of sale among the documents in
answer. her husband’s vault after his demise. Soon after, she
noticed that the construction of the sports complex had
A: NO, the appeal is not meritorious. The trial court ruled started. Upon completion of the construction in 1952,
correctly in granting defendant's motion to dismiss for the she tried but failed to get free membership privileges in
following reasons: Verde.
a) While there is the possibility that F, a former lessee Winda now files a suit against Verde for the annulment
of the land knew C was the bona fide occupant of the sale on the ground that she did not consent to the
thereof and for this reason his transfer certificate of sale. In answer, Verde contends that, in accordance
title may be vulnerable, the transfer of the same with the Spanish Civil Code, which was then in force, the
land and the issuance of new TCTs to X and Y who sale in 1948 of the property did not need her
are innocent purchasers for value render the concurrence. Verde contends that in any case the action
latter's titles indefeasible. A person dealing with has prescribed or is barred by laches. Winda rejoins
registered land may safely rely on the correctness that her Torrens title covering the property is
of the certificate of title and the law will not in any indefeasible, and imprescriptible. (2002 BAR)
way oblige him to go behind the certificate to
determine the condition of the property in search (a) Define or explain the term laches.
for any hidden defect or inchoate right which may
later invalidate or diminish the right to the land. A: Laches means failure or neglect, for an unreasonable and
This is the mirror principle of the Torrens System unexplained length of time, to do what, by exercising due
of land registration. diligence, could or should have been done earlier. It is
negligence or omission to assert a right within a reasonable
b) The action to annul the sale was instituted in 1977 time. (De Vera v. Court of Appeals, G.R. No. 97761, 14 Apr.
or more than (10) years from the date of execution 1999)
thereof in 1957, hence, it has long prescribed.
(b) Decide the case, stating your reasons for your
c) Under Sec. 45 of Act 496, “the entry of a certificate decision.
of title shall be regarded as an agreement running
with the land, and binding upon the applicant and A: While Art. 1413 of the Spanish Civil Code did not require
all his successors in title that the land shall be and the consent of the wife for the validity of the sale, an
always remain registered land. A title under Act alienation by the husband in fraud of the wife is void as held
496 is indefeasible and to preserve that character, in Uy Coque v. Navas (G.R. No. L-20392, 20 Nov. 1923).
the title is cleansed anew with every transfer for Assuming that the alienation in 1948 was in fraud of Winda
value. (De Jesus v. City of Manila, G.R. No. 9337, 24 and, therefore, makes the sale to Verde void, the action to
Dec. 1914; Laperal v. City of Manila, G.R. No. L-42792, set aside the sale, nonetheless, is already barred by
23 Oct. 1935; Penullar v. PNB, G.R. No. L-32762, 27. prescription and laches. More than 52 years have already
Jan. 1983) elapsed from her discovery of the sale in 1950.
(b) Suppose the government agency concerned Q: In an action brought to collect a sum of money based
joined C in filing the said action against the on a surety agreement, the defense of laches was raised
defendants, would that change the result of the as the claim was filed more than seven years from the
litigation? Explain. maturity of the obligation. However, the action was
brought within the ten-year prescriptive period
provided by law wherein actions based on written principle of imprescriptibly sometimes has to yield to the
contracts can be instituted. Will the defense prosper? equitable principle of laches which can convert even a
Reason. (2000 BAR) registered landowner's claim into a stale demand. Mikaelo's
claim of laches, however, is weak insofar as the element of
A: NO, the defense will not prosper. The problem did not equity is concerned, there being no showing in the facts how
give facts from which laches may be inferred. Mere delay in he entered into the ownership and possession of the land.
filing an action, standing alone, does not constitute laches.
(Agra v. PNB, G.R. No. 133317, 29 June 1999) Q: A owned a parcel of unregistered land located on the
Tarlac side of the boundary between Tarlac and
Q: In 1965, Renren bought from Robyn a parcel of Pangasinan. His brother B owned the adjoining parcel
registered land evidenced by a duly executed deed of of unregistered land on the Pangasinan side. A sold the
sale. The owner presented the deed of sale and the Tarlac parcel to X in a deed of sale executed as a public
owner's certificate of title to the Register of Deeds. The instrument by A and X. After X paid in full the price of
entry was made in the daybook and corresponding fees the sale, X took possession of the Pangasinan parcel in
were paid as evidenced by official receipt. However, no the belief that it was the Tarlac parcel covered by the
transfer of certificate of title was issued to Renren deed of sale executed by A and X.
because the original certificate of title in Robyn's name
was temporarily misplaced after fire partly gutted the After twelve (12) years, a controversy arose between B
Office of the Register of Deeds. Meanwhile, the land had and X on the issue of the ownership of the Pangasinan
been possessed by Robyn's distant cousin, Mikaelo, parcel, B claims a vested right of ownership over the
openly, adversely and continuously in the concept of Pangasinan parcel because B never sold that parcel to X
owner since 1960. It was only in April 1998 that Renren or to anyone else. On the other hand, X claims a vested
sued Mikaelo to recover possession. Mikaelo invoked: right of ownership over the Pangasinan parcel by
acquisitive prescription, because X possessed this
Decide the case by evaluating these defenses. (1998 parcel for over ten (10) years under claim of ownership.
BAR)
Decide on these claims, giving your reasons. (1992
(a) acquisitive prescription BAR)
A: Renren's action to recover possession of the land will A: At this point in time, X cannot claim the right of vested
prosper. In 1965, after buying the land from Robyn, he ownership over the Pangasinan parcel by acquisitive
submitted the Deed of Sale to the Registry of Deeds for prescription. In addition to the requisites common to
registration together with the owner's duplicate copy of the ordinary and extraordinary acquisitive prescription
title and paid the corresponding registration fees. Under consisting of uninterrupted, peaceful, public, adverse, and
Sec. 56 of PD 1529, the Deed of Sale to Renren is considered actual possession in the concept of owner, ordinary
registered from the time the sale was entered in the Day acquisitive prescription for ten (10) years requires (1)
Book (now called the Primary Entry Book). For all legal possession in good faith and just title. "Just title" means that
intents and purposes, Renren is considered the registered the adverse claimant came into possession of the property
owner of the land. After all, it was not his fault that the through one of the modes recognized by law for the
Registry of Deeds could not issue the corresponding acquisition of ownership, but the grantor was not the owner
transfer certificate of title. Mikaelo's defense of prescription or could not transmit any right. (Art.1129) In this case, there
cannot be sustained. A Torrens title is imprescriptible. No is no “just title” and no “mode” that can be invoked by X for
title to registered land in derogation of the title of the the acquisition of the Pangasinan parcel. There was no
registered owner shall be acquired by prescription or constructive delivery of the Pangasinan parcel because it
adverse possession. (Sec. 47, PD 1529) The right to recover was not the subject-matter of the deed of sale. Hence, B
possession of registered land likewise does not prescribe retains ownership of the Pangasinan parcel of land.
because possession is just a necessary incident of
ownership.
B. REGALIAN DOCTRINE
(b) laches, asking that he be declared owner of the
land.
a. The petition must be filed by a person claiming If you are the judge, will you grant the application for
dominical or other real rights to the land registered land registration of Cornelio? (2014 BAR)
in the name of respondent.
A: NO, I will not grant the application. To be entitled to
b. The registration of the land in the name of registration of the parcel of land, the applicant must show
respondent was procured by means of actual, (not that the land being applied for is alienable land. At the time
just constructive) fraud, which must be extrinsic. of the filing of the application, the land has not yet been
Fraud is actual if the registration was made declared alienable by the state. (Republic v. Court of Appeals,
through deceit or any other intentional act of G.R. No. 144057, 17 Jan. 2005)
downright dishonesty to enrich oneself at the
expense of another. It is extrinsic when it is Q: Manuel was born on 12 Mar. 1940 in a 1000-square
something that was not raised, litigated, and meter property where he grew up helping his father,
passed upon in the main proceedings. Michael, cultivate the land. Michael has lived on the
property since the land was opened for settlement at
c. The petition must be filed within one (1) year from about the time of the Commonwealth government in
the date of the issuance of the decree. 1935, but for some reason never secured any title to the
property other than a tax declaration in his name. He
d. Title to the land has not passed to an innocent has held the property through the years in the concept
purchaser for value. (Libudan vs. Gil, G.R. No. L- of an owner and his stay was uncontested by others. He
21163, 17 May 1972; Rublico vs. Orrelana, G.R. No. L- has also conscientiously and continuously paid the
26582, 28 Nov. 1969; Republic v. Court of Appeals, realty taxes on the land. Michael died in 2000 and
G.R. No. 40402, 16 Mar. 1987) Manuel, as Michael’s only son and heir, now wants to
secure and register title to the land in his own name. He
Q: Distinguish the Torrens system of land registration consults you for legal advice as he wants to perfect his
from the system of recording of evidence of title. (1994 title to the land and secure its registration in his name.
BAR) (2013 BAR)
A: The Torrens system of land registration is a system for (a) What are the laws that you need to consider in
the registration of title to the land. Thus, under this system advising Manuel on how he can perfect his title
what is entered in the Registry of Deeds, is a record of the and register the land in his name? Explain the
owner's estate or interest in the land, unlike the system relevance of these laws to your projected
under the Spanish Mortgage Law or the system under Sec. course of action.
194 of the Revised Administrative Code as amended by Act
3344 where only the evidence of such title is recorded. In A: For purposes of confirmation of imperfect title, I will
the latter system, what is recorded is the deed of have to consider the provisions of Commonwealth Act No.
141 as well as the Property Registration Decree or P.D. 1529 b. DECREE OF REGISTRATION
in giving my advice to Manuel. (2016 BAR)
C.A. No. 141 which amended the second Public Land Act (Act Q: On 28 Feb. 1998, Arthur filed an application for
2874) provides that there are two requisites for judicial registration of title of a lot in Ternate, Cavite before the
confirmation of imperfect title namely: Regional Trial Court of Naic, Cavite under Sec. 48(b) of
a. open and continuous, exclusive, and notorious Commonwealth Act No. 141 (CA 141) for judicial
possession and occupation (OCENPO) of the land confirmation of imperfect title. Sec. 48(b) of CA 141
by themselves or through their predecessor-in- requires possession counted from 12 June 1945. Arthur
interest under bona fide claim of ownership since presented testimonial and documentary evidence that
12 June 1945; and his possession and that of his predecessors-in- interest
b. the classification of the land as alienable and started in 1936. The lot was declared alienable and
disposable land of the public domain. (Secretary of disposable (A and D) in 1993 based on a PENRO
DENR v. Yap, G.R. No. 167707, 08 Oct. 2008) certification and a certified true copy of the original
classification made by the DENR Secretary. The
The Property Registration Decree (PD 1529) provides who government opposed the application on the ground
may file an application for registration of title to the land that the lot was certified A and D only in 1993 while the
under Sec. 14 thereof which provides that those who by application was instituted only in 1998. Arthur’s
themselves or their predecessors-in-interest have been in possession of five (5) years from the date of declaration
open, continuous, exclusive and notorious possession and does not comply with the 30-year period required
occupation of alienable and disposable lands for the public under CA 141. Should the possession of Arthur be
domain under a bona fide claim of ownership since 12 June reckoned from the date when the lot was declared A
1945 or earlier. Since Manuel’s father Michael had been in and D or from the date of actual possession of the
open, continuous, exclusive, and notorious possession of applicant? Explain. (2016 BAR)
the land since 1935, and that the land was declared
alienable in the same year, his possession has ripened into A: Arthur’s possession should be reckoned from the date of
ownership which entitles him or his successor Manuel to his actual possession, by himself and his predecessors-in-
file an application for judicial confirmation of imperfect interest, since 1936. Under Sec. 48(b) of CA 141, as
title. amended by PD No. 1973, the length of the requisite
possession was changed from possession for “thirty (30)
(b) What do you have to prove to secure Manuel's years immediately preceding the filing of the application” to
objectives and what documentation is possession “since 12 June 1945 or earlier”. But possession
necessary? (2013 BAR) is different from classification. As held in Malabanan v.
Republic (G.R. No. 179987, 29 Apr. 2009), it is only necessary
A: I have to prove that the land was already declared that the land be already classified as A and D “at the time the
alienable at the time that Manuel or his father Michael took application for registration is filed” to make public the
possession of the land and that their possession was open, release of the property for alienation or disposition. But the
continuous, exclusive and notorious which started prior to possession of Arthur even prior to the classification of the
or on 12 June 1945 as required by C.A. No. 141. land as A and D shall be counted in determining the period
of possession. (2009-2017 UST FCL Bar Q&A)
To prove the first requisite, the original classification of the
land as approved by the DENR Secretary (Republic v. T.A.N. c. REVIEW OF DECREE OF REGISTRATION;
Properties, G.R. No. 154953, 26 June 2008) or in lieu thereof, INNOCENT PURCHASER FOR VALUE
a Certification by the DENR Regional office attesting to the (2019, 2009, 2008, 2001, 2003, 1995 BAR)
alienable and disposable character of the land (Republic v.
Serrano, G.R. No. 183063, 24 Feb. 2010) must have to be Q: In 2015, O, the original registered owner of a 300-
submitted. square meter property covered by Original Certificate
of Title (OCT) No. 0-1234, appointed F as its caretaker.
I also have to file together with the application for A year after, while O was abroad, F surreptitiously
registration all original muniments of title or copies thereof broke open O's safe and stole the duplicate copy of the
and a survey plan of the land approved by the Bureau of said OCT. F then forged a Deed of Absolute Sale and
Lands in accordance with Sec. 17 of PD 1529. Manuel may made it appear that O sold the property to him.
also submit the tax declarations and tax payment receipts Consequently, F was able to have OCT No. 0-1234
which have been ruled to be good indications of possession cancelled and in lieu thereof, a new title, Transfer
in the concept of owner. (Republic vs. Candy Maker, Inc. G.R. Certificate of Title (TCT) No. T-4321, was issued in his
No. 163766, 22 June 2006) name.
a. WHO MAY APPLY A few months after, F offered the property for sale to X.
After conducting the required due diligence to verify
the title of F and finding no occupant in the property
during ocular inspection, X signed the contract of sale,
and thereupon, fully paid the purchase price. A few days The requisites for an action to quiet the title obtain in this
later, X was able to obtain TCT No. T-5678 under his case, since A, B, and C are the registered owners of the
name. parcel of land. Having inherited the same from their father
Mr. R, and the Deed of Absolute Sale, which cast a cloud on
When O discovered F's fraudulent acts upon his return their title may be shown to be invalid or inoperative. (Heirs
in 2017, O immediately filed a complaint for of Delfin v. Heirs of Bacud, G.R. No. 187633, 04 Apr. 2016)
reconveyance against F and X, principally pointing out
that F merely forged his signature in the Deed of (b) Within what period should A, B, and C file the
Absolute Sale purportedly made in F's favor and thus, F complaint for quieting of title? Explain.
could not have validly transferred the title thereof to X.
Consequently, he sought the return of the subject A: The action for quieting title does not prescribe, because
property to him. the plaintiffs are in possession of the land. (Heirs of Uberas
v. CFI, G.R. No. L-48268, 30 Oct. 1978)
Will the prayer of O for the return of the subject
property prosper? Explain. (2019 BAR) (c) Assuming that B and C are residing abroad,
may A, without the knowledge of B and C, file
A: NO, the prayer of O will not prosper, because X purchased the complaint for quieting of title on behalf of
the land from an apparent owner in good faith and for value. all the heirs? Explain.
Sec. 53 of PD 1529 provides that in all cases of registration
procured by fraud, the owner may pursue all his legal and A: YES, A may file the complaint if he files the same for the
equitable remedies against the parties to such fraud co-ownership. Anyone of the co-owners may bring such an
without prejudice, however, to the rights of any innocent action in ejectment (Art. 87, NCC), even without joining all
holder for value of a certificate of title. Based on the other co-owners as co-plaintiffs, because the suit is
jurisprudence it defined an innocent purchaser for value as deemed to be instituted for the benefit of all, assuming A
one who buys the property of another without notice that wins the case. Parenthetically, if A loses in the action to
some other person has a right to or interest therein and who quiet the title, it will if not affect B and C, because the Court
then pays a full and fair price for it at the time of the did not acquire jurisdiction over their persons. The Court
purchase or before receiving a notice of the claim or interest further held that if the action is for the benefit of the plaintiff
of some other persons in the property. alone, such that he claims the possession for himself and not
for the co-ownership, the action will not prosper (Celino v
Q: Mr. R is the registered owner of a parcel of land Heirs of Alejo, G.R. No 1618117, 30 July 2004) (UPLC
located in Cebu City by TCT No. 1234 issued in 1955. Suggested Answers)
Since his acquisition of the lot, Mr. R and his family had
been in continuous, open, and peaceful possession Q: Before migrating to Canada in 1992, the Sps. Teodoro
thereof. Mr. R died in 1980, resulting in the land being and Anita entrusted all their legal papers and
transferred in the names of his heirs, A, B, and C, who documents to their nephew, Atty. Tan. Taking
became registered owners thereof as per TCT No. 5678. advantage of the situation, Atty. Tan forged a deed of
During the entire time, said land had never been sale, making it appear that he had bought the couple’s
encumbered or disposed, and that its possession property in Quezon City. In 2000, he succeeded in
always remained with them. Sometime in 1999, A, B, obtaining a TCT over the property in his name.
and C wanted to build a concrete fence around the Subsequently, Atty. Tan sold the same property to Luis,
parcel of land, but they were opposed by Mrs. X who who built an auto repair shop on the property. In 2004,
started claiming ownership over the same property on Luis registered the deed of conveyance, and title over
the strength of a Deed of Absolute Sale purportedly the property was transferred in his name. In 2006, the
entered by her with Mr. R during the time he was still Sps. Teodoro and Anita came to the Philippines for a
alive. Aggrieved, A, B, and C intend to file a complaint visit and discovered what had happened to their
for quieting of title against Mrs. X. (2019 BAR) property. They immediately hire you as lawyer.
(a) What are the substantive requisites for the What action or actions will you institute to vindicate
action to prosper? Do they obtain in this case? their rights? Explain fully. (2009 BAR)
Explain.
A: I will institute the following actions against Atty. Tan:
A: For an action to quiet title to prosper, the following
requisites must obtain in the case: (1) the plaintiff or 1. A civil action for damages for the fraudulent
complainant has a legal or an equitable title to or interest in transfer of the title in his name and to recover the
the real property subject of the action; and (2) the value of the property;
instrument, record, claim, encumbrance, or proceeding 2. An action against the National Treasurer for
claimed to be casting cloud on the title must be shown to be compensation from the State Assurance Fund
in fact invalid or inoperative despite its prima facie which is set aside by law to pay those who lose their
appearance of validity or legal efficacy. land or suffer damages as a consequence of the
operation of the Torrens system;
3. A criminal action for forgery or falsification of (b) Who as between Dehlma and XYZ Bank has
public document; a better right to the house and lot?
4. A complaint with the Supreme Court or Integrated
Bar of the Philippines to disbar or suspend him or A: Between Dehlma and the bank, the former has a better
other disciplinary action for violation or the Code right to the house and lot.
of Professional Ethics.
Q: Louie, before leaving the country to train as a chef in
Any action against Luis will not prosper because he is an a five-star hotel in New York, U.S.A., entrusted to his
innocent purchaser for value. The Title to the land he first-degree cousin Dewey an application for
bought was already in the name of the person who sold the registration, under the Land Registration Act, of a
property to him and there is nothing on the title which will parcel of land located in Bacolod City. A year later, Louie
make him suspect about the fraud committed by Atty. Tan. returned to the Philippines and discovered that Dewey
(2009-2017 UST FCL Bar Q&A) registered the land and obtained an Original Certificate
of Title over the property in his Dewey’s name.
Q: Juliet offered to sell her house and lot, together with Compounding the matter, Dewey sold the land to Huey,
all the furniture and appliances therein to Dehlma. an innocent purchaser for value. Louie promptly filed
Before agreeing to purchase the property, Dehlma went an action for reconveyance of the parcel of land against
to the Register of Deeds to verify Juliet's title. She Huey. (2003 BAR)
discovered that while the property was registered in
Juliet's name under the Land Registration Act, as (a) Is the action pursued by Louie the proper
amended by the Property Registration Decree, its remedy?
property, Dehlma told Juliet to redeem the property
from Elaine, and gave her an advance payment to be A: An action for reconveyance against Huey is not the
used for purposes of releasing the mortgage on the proper remedy, because Huey is an innocent purchaser for
property. When the mortgage was released, Juliet value. The proper recourse is for Louie to go after Dewey for
executed a Deed of Absolute Sale over the property damages by reason of the fraudulent registration and
which was duly registered with the Registry of Deeds, subsequent sale of the land. If Dewey is insolvent, Louie may
and a new TCT was issued in Dehlma's name. Dehlma file a claim against the Assurance Fund. (Heirs of Pedro
immediately took possession over the house and lot Lopez v. De Castro, G.R. No. 112905, 03 Feb. 2000 citing Sps.
and the movables therein. Eduarte v. Court of Appeals, G.R. No. 105944, 09 Feb. 1996)
Thereafter, Dehlma went to the Assessor's Office to get (b) Assuming that reconveyance is the proper
a new tax declaration under her name. She was remedy, will the action prosper if the case
surprised to find out that the property was already was filed beyond one year, but within ten
declared for tax purposes in the name of XYZ Bank years, from the entry of the decree of
which had foreclosed the mortgage on the property registration?
before it was sold to her. XYZ Bank was also the
purchaser in the foreclosure sale of the property. At A: YES, the remedy will prosper because the action
that time, the property was still unregistered, but XYZ prescribes in ten (10) years, not within one (1) year when a
Bank registered the Sheriff's Deed of Conveyance in the petition for the reopening of the registration decree may be
daybook of the Register of Deeds under Act. 3344 and filed. The action for reconveyance is distinct from the
obtained a tax declaration in its name. (2008 BAR) petition to reopen the decree of registration. (Alba v. De la
Cruz, G.R. No. 5246, 16 Sept. 1910) There is no need to
(a) Was Dehlma a purchaser in good faith? reopen the registration proceedings, but the property
should just be reconveyed to the real owner. The action for
A: YES, Dehlma is a purchaser in good faith. She learned reconveyance is based on implied or constructive trust,
about the XYZ tax declaration and foreclosure sale only after which prescribes in ten (10) years from the date of issuance
the sale to her was registered. She relied on the certificate of the original certificate of title. This rule assumes that the
of title of her predecessor-in-interest. Under the Torrens defendant is in possession of the land. Where it is the
system, a buyer of registered lands is not required by law to plaintiff who is in possession of the land, the action for
inquire further than what the Torrens certificate indicates reconveyance would be in the nature of a suit for quieting
on its face. If a person proceeds to buy it relying on the title, for the title which action is imprescriptible. (David v. Malay,
that person is considered as buyer in good faith. The G.R. No. 132644, 19 Nov. 1999)
“priority in time” rule could not be invoked by XYZ Bank
because the foreclosure sale of the land in favor of the bank Q: Cesar bought a residential condominium unit from
was recorded under Act No. 3344, the law governing High Rise Co. and paid the price in full. He moved into
transaction affecting unregistered land, and thus, does not the unit, but somehow, he was not given the
bind the land. Condominium Certificate of Title covering the property.
Unknown to him, High Rise Co. subsequently mortgaged
the entire condominium building to Metrobank as
security for a loan of P500 million. High Rise Co. failed
Is Carlos (a) a purchaser in good faith, or (b) a semi-developed or raw land. The management of
transferee pendente lite? (2002, 1995 BAR) Bedrock asks you as the company counsel to prepare a
manual containing a summary of the pertinent laws and
A: Carlos is a buyer in bad faith. The notice of lis pendens regulations relating to land registration and
was still annotated at the back of the title at the time he acquisition of title to land. The manual should include
bought the land from Bart. The uncancelled notice of lis the following items: (2007 BAR)
pendens operates as constructive notice of its contents as
well as interests, legal or equitable, included therein. All (a) What is the governing law?
persons are charged with the knowledge of what it contains.
In an earlier case, it was held that a notice of an adverse A: The governing law is the Land Registration Act as
claim remains effective and binding notwithstanding the amended by Property Registration Decree. (Act 496, as
lapse of the 30 days from its inscription in the registry. This amended by PD 1529)
ruling is even more applicable in a lis pendens. Carlos is a
transferee pendente lite insofar as Sancho’s share in the co- (b)What properties are not registrable?
ownership in the land is concerned because the land was
transferred to him during the pendency of the appeal. A: The following properties are not registrable:
a. Properties of the Public Dominion;
Q: Rommel was issued a certificate of title over a parcel b. Properties for public use or public service;
of land in Quezon City. One year later Rachelle, the c. Inalienable lands of the public domain;
legitimate owner of the land, discovered the fraudulent d. Military installations, civil and quasi-public lands;
registration obtained by Rommel. She filed a complaint and
against Rommel for reconveyance and caused the e. All lands not classified as alienable and disposable.
annotation of a notice of lis pendens on the certificate of
title issued to Rommel. Rommel now invokes the
indefeasibility of his title considering that one year has G. DEALINGS WITH UNREGISTERED LAND
already elapsed from its issuance. He also seeks the (2009, 2000 BAR)
cancellation of the notice of lis pendens.
As unregistered land, it is subject to acquisitive prescription cancelled and in lieu thereof, a new title, Transfer
by third persons. Although Ulpiano and his children live in Certificate of Title (TCT) No. T-4321, was issued in his
the three-hectare unregistered land owned by Marciano, name.
they are farmworkers; therefore, they are possessors not in
the concept of owners but in the concept of more holders. A few months after, F offered the property for sale to X.
Even if they possessed the land for more than 30 years, they After conducting the required due diligence to verify
cannot become the owners thereof through extraordinary the title of F and finding no occupant in the property
acquisitive prescription, because the law requires during ocular inspection, X signed the contract of sale,
possession in the concept of owner. and thereupon, fully paid the purchase price. A few days
later, X was able to obtain TCT No. T-5678 under his
Payment of taxes and tax declaration are not enough to name.
make their possession one in the concept of owner. They
must repudiate the possession in the concept of holder by When O discovered F's fraudulent acts upon his return
executing unequivocal acts of repudiation amounting to in 2017, O immediately filed a complaint for
ouster of Marciano, known to Marciano and must be proven reconveyance against F and X, principally pointing out
by clear and convincing evidence. Only then would his that F merely forged his signature in the Deed of
possession become adverse. (2009-2017 UST FCL Bar Q&A) Absolute Sale purportedly made in F's favor and thus, F
could not have validly transferred the title thereof to X.
Q: Republic Act 1899 (RA 1899) authorizes Consequently, he sought the return of the subject
municipalities and chartered cities to reclaim property to him.
foreshore lands bordering them and to construct
thereon adequate docking and harbor facilities. Assuming that O could no longer recover the subject
Pursuant thereto, the City of Cavite entered into an property in view of X's registration thereof in his name,
agreement with the Fil-Estate Realty Company, may a claim against the Assurance Fund pursuant to the
authorizing the latter to reclaim 300 hectares of land provisions of the Property Registration Decree be
from the sea bordering the city, with 30% of the land to instituted? Explain. (2019 BAR)
be reclaimed to be owned by Fil-Estate as compensation
for its services. The Solicitor General questioned the A: YES, a claim against the Assurance Fund may be
validity of the agreement on the ground that it will instituted. Sec. 95 of PD 1529 provides that a person who,
mean reclaiming land under the sea which is beyond without negligence on his part, sustains loss or damage, or
the commerce of man. The City replies that this is is deprived of land or any estate or interest therein in
authorized by R.A. No. 1899 because it authorizes the consequence of the bringing of the land under the operation
construction of docks and harbors. Who is correct? of the Torrens system arising after original registration of
(2000 BAR) land, through fraud or in consequence of any error,
omission, mistake or misdescription in any certificate of
A: The Solicitor General is correct. The authority of the City title or in any entry or memorandum in the registration
of Cavite under R.A. No. 1899 to reclaim land is limited to book, and who by the provisions of this Decree is barred or
foreshore lands. The Act did not authorize it to reclaim land otherwise precluded under the provision of any law from
from the sea. The reclamation being unauthorized, the City bringing an action for the recovery of such land or the estate
of Cavite did not acquire ownership over the reclaimed or interest therein, may bring an action in any court of
land. Not being the owner, it could not have conveyed any competent jurisdiction for the recovery of damages to be
portion thereof to the contractor. paid out of the Assurance Fund.
ALTERNATIVE ANSWER:
H. ASSURANCE FUND
(2019 BAR) The property is already registered under the name of X, an
innocent purchaser for value. The registration of the
innocent purchaser for value’s title is a condition sine qua
non to properly claim against the Assurance Fund. This is
1. ACTION FOR COMPENSATION
because it is only after the registration of the innocent
FROM ASSURANCE FUND
purchaser for value’s title and not the usurper’s title which
constitutes a breach of trust) can it be said that the claimant
2. LIMITATION OF ACTION
effectively sustains loss or damage or is deprived of land or
any estate or interest therein.
Q: In 2015, O, the original registered owner of a 300-
square meter property covered by Original Certificate
of Title (OCT) No. 0-1234, appointed F as its caretaker.
A year after, while O was abroad, F surreptitiously I. CADASTRAL SYSTEM OF REGISTRATION
broke open O's safe and stole the duplicate copy of the (ACT 2259, AS AMENDED)
said OCT. F then forged a Deed of Absolute Sale and
made it appear that O sold the property to him.
Consequently, F was able to have OCT No. 0-1234
K. RECONSTITUTION OF TITLES
(1996 BAR)
If you were the judge, how will you decide the petition?
Explain. (1996 BAR)