CIVIL LAW REVIEW 2

FINAL EXAMINATION

I.
A. Yes, Don’s testamentary disposition of his estate is in
accordance with the law on succession. His brother, Ronie, and
half-sister, Michelle, are not compulsory heirs as provided by
the Civil Code. Since Don has no ascendants, descendants,
and spouse, he can leave his estate to anyone not
incapacitated to inherit from him. Therefore, his common law
wife, Roshelle, can be the recipient of his estate.

B. If Don failed to execute a will, his brother, being full-blood, will

receive 2/3 of the net estate. Michelle, his half-sister, on the
other hand, will receive 1/3 of the estate. Roshelle, the common
law wife, will not receive anything because she is not a legal
heir.

C. Assuming that he has a legitimate son, Jayson, his son will

receive the entire estate of 12 million. His brother and half-sister
will not be entitled to anything because the law on succession
provides that a legitimate child excludes the brother, and most
likely, the half-sister.

D. Assuming his father Juan is still alive, his son, Jayson will still
receive the entire estate following the principle that the
descendants exclude the ascendants from inheritance.
Therefore, Don’s father, brother, and half-sister, are not entitled
to anything.

II. Emil’s legitimate children are entitled half of the estate (P600,000).
Since he has three legitimate children, each will receive P200,000.
His illegitimate child, Ramon, is entitled to ½ of the share of each
legitimate child, therefore, Ramon will receive P100,000. His wife,
Adette, is entitled to a share equivalent to the share of one
legitimate child, therefore, she will receive P200,000. His parents
are not entitled to anything because they are only secondary heirs.
His brother and sister are not also entitled to inherit because they
are excluded by the descendants. Since Emil wants to leave as
much of his estate as he can legally do to his illegitimate child, the
 remaining balance or the free portion (P300,000) can be given to
Ramon, his illegitimate child and instituted heir.

III. A. There was no preterition because Josefa, while still alive,

donated P100,000 to Juan. Preterition occurs when there is total
omission of an heir. Since Juan received P100,000, it is
considered his share of the inheritance.

B. Josefa’s estate should be divided equally among the remaining

four children. The remaining property of Josefa is P900,000.
Divided equally among the four younger children, each will receive
P225,000.

IV. A. Lamberto disinheriting his daughter Wilma is not valid.

Disrespect or raising one’s voice are not among the grounds of
disinheritance mentioned in the Civil Code. Omitting his spouse
Elvira is also not valid. Under succession law, the surviving spouse
is entitled to a legitime. Giving legacy to his mistress Rosa is not
valid because she is disqualified to receive a legacy because of
her adulterous relationship with Lamberto. The legacy to his driver
Ernie is valid because the law provides that the testator can freely
choose any person to receive his legacy. Instituting Baldo as the
sole heir is valid because the testator has the freedom to
designate his sole heir provided that the specific legitime are
distributed first to the persons entitled to it.

V.

VI. Rudy is not entitled to claim rental payments for the remaining
term of the lease contract if he terminated the lease agreement
and accepted the turnover of the office space from Dan on
because Rudy voluntarily relinquished his right to demand rental
payments for the remaining period of the contract from the
moment he asked Dan to vacate the premises and accepted the
turnover. These actions demonstrate that Rudy no longer intended
to enforce the lease agreement and collect rental payments.
VII. Jim’s argument has no legal basis. The condition "anytime Jet
wants it" is not potestative in nature. The delivery of the ruby ring
is entirely dependent on Jet's will or demand but it does not render
the entire obligation void because it does not place Jet's demand
in uncertainty. The condition simply means that Jet has the right to
demand delivery of the ruby ring at any time she chooses.
Therefore, Jim is under an obligation to deliver the ruby ring to Jet
as promised.

VIII. A. VOID because the obligation is dependent on the debtor's

ability to pay. As soon as the debtor acquires the means to pay,
the obligation becomes due. It is a conditional obligation based on
the debtor's financial capability and is generally considered void.

B. VOID because it represents a potestative condition, where the

fulfillment of the obligation depends solely on the will or whim of
the debtor.

C. VOID because it represents a potestative condition, where the

fulfillment of the obligation depends on a future event that is
entirely within the debtor's control. The condition depends on the
debtor's personal achievement, which makes it uncertain and
subjective.

D, VALID because it imposes a suspensive condition, where the

fulfillment of the obligation depends on a future event that is
uncertain but not entirely within the debtor's control. The condition
depends on the survival of the debtor's son for a specific period,
and if the son survives, the obligation to pay arises.

IX. No, the contention is untenable. Mechanical defects of a motor

vehicle do not constitute fortuitous event, since the presence of
such defects would have been readily detected by diligent
maintenance check. The failure to maintain the vehicle in safe
running condition constitutes negligence on the part of Orlando
and Diego.

X. No. the action for specific performance filed by the buyer is

premature under the Civil Code. If a period has not been fixed
although contemplated by the parties, the parties themselves
should fix that period, failing in which, the Court may be asked to
fix it taking into consideration the probable contemplation of the
parties. Before the period is fixed, an action for specific
performance is premature.