Possible bar exam!

PFR111 Fraternal Order of Leviathan

Person and family code.

Q. Can laws become effective by publishing the law in the website of congress?
A. no. publication must be in the newspaper of general circulation. The electronics commerce law only allows the
presentation of electronic data as original evidence but does not authorize publication of laws electronically.

Q. who may be legitimated?
A. 1. Children conceived and born outside of the wedlock of parents who, at the time of conception of the former, were
not disqualified by any impediment to marry each other, or
2. children conceived and born outside of wedlock of parents who, at the time of conception of the former, were so
disqualified only because either or both of them were below 18 years of age (as amended by R.A No. 9858

Q. May the illegitimate children use the surname of their Father?
A. Yes, if their filiations has been expressly recognized by the father through the record of birth appearing in civil
register, or when an admission in public document or private handwritten instrument is made by the father.

Q. May an illegitimate child, upon adoption by her natural father use the surname of her natural mother as her
middle name?
A. yes. The law is silent as to the use of middle name but the drafters of civil code recognized the Filipino custom of
adding the surname of the childs mother as his/her middle name (adoption of Stephanie Garcia G.r no. 148311)

Q. Is it sufficient that the other spouse gave consent to the adoption without joining the petition?
A. the law on adoption joint adoption of husband and wife is mandatory because of thesubstantial effects that would
have on the family (lim GR 168992-93)

Q. Rommel underwent sex re-assignment surgery. He filed a petition to change his gender to female and to change his
first name to mely in order to facilitate his marriage with his fianc. Should the court grant the petition?
A. no. there is no law recognizing sex re-assignment. The determination of a person sex at the time of birth, if not
attended by error, is immutable. While Rommel may have succeed in altering his body and appearance through the
intervention of modern surgery, no law authorizes the change of entry as to sex in the civil registry for that reason.

Q. Jennifer has rare and permanent condition known as congenital adrenal hyperplasia, a condition where a person
has organs of both male and female. She was registered as a female at birth but when she grew up, the male traits
become dominant. May the court allow the petition for correction errors of entry?
A. yes, because based on medical testimony and scientific development showing the respondent to be other than
female, then a change in her birth certificate entry is in order. Considering that Jennifer body produces high levels of
male hormones, there is preponderant biological support for considering him as being male. (Cagandahan)

Q. can a grandson, whose parents are still alive, be considered a minor of family home owned by his grandparents
and thus after 10 years from death of the grandparent and grandson still lives therein, family home should be
preserved until the grandson reaches the age of majority?
A. No. A grandson, while was living in the said family home cannot be said to be dependent for support on the
grandparent, who was the head of the family where the said grandson lived. The liability of legal support falls primarily
on childs parents especially his father.

Q. In an action for support, may the court make a declaration that the marriage?
A. Yes. The validity of a void marriage can be collaterally attacked. Other than for purposes of remarriage, no judicial
action is necessary to declare a marriage an absolute nullity. For other purposes the court may pass upon the validity of
marriage even in a suit not directly instituted to question the same so long as it is essential to the determination of the
case. In action for support, the court can declare marriage void to determine the rights of the child to be supported. (De
Castro 2008)

Q. Can a spouse bring an action for recovery without including as party-plaintiff the other spouse?
A. Yes. The conjugal partnership is governed by rules on partnership. A partner is co-owner with the other partners of
the specific partnership property. Any one of the co-owners may bring an action, any kind of action, for the recovery of
co-owned properties. Therefore, only the co-owner who filed the suit for the recovery of the co-owned property is an
indispensible party thereto. The other co-owners are not indispensable parties. Hence being a co-owner, the spouse
may bring an action for recovery without including the other spouse. (Carandang G.R. 160347)

Q. Is a partial voluntary separation of property made pending for declaration of nullity of marriage is valid?
A. Yes. Separation of property may be affected voluntarily or for sufficient cause, subject to judicial approval.
This holds true even if the proceedings for declaration of nullity of marriage was still pending. However, this voluntary
separation of property is subject to the rights of all creditors of the conjugal partnership of gains and other person with
pecuniary interest (maquilan G.R. 155409)

Q. does the prohibition on donation between spouses during marriage apply to legally married spouse only?
A. No. the prohibition applies even to parties living together as husband and wife without a valid marriage e.g common
law marriages.

Q. A and B have been living together as husband and wife without the benefit of marriage since January 10, 2006.
They decided to get married January 1, 2011 but without marriage license. there is no legal impediment to marry each
other. Is the marriage valid?
A. No. in this case they have living together short of 5 years. There can be no substantial compliance in these case
(Republic v. Dayat)

Q. Can a petition for declaration of nullity under Art. 36 stand even if the ground for such also exist against the
petitioner? Was the doctrine under the Molina case already overturned?
A. yes. This is accord with the decision in ngo V Te, the court stated in qualification that the petition should be decided
on a case-to case basis thus not inconsistent with the guidelines set in the molina case.

Q. will a final judgment denying a petition for nullity on the ground of psychological incapacity bar a subsequent
petition for declaration of nullity on the ground of lack of marriage license?
A. Yes. There is res judicata because there is identity of causes of action even if the plaintiff varied the tenor of the
petitions. The change of nomenclature of the action is immaterial (Mallion V Alcantara)

Q. X and Y were married. The marriage and cohabitation brought a son Z. however the marriage was eventually
declared void, at instance of Y, because it was found out that X was previously married to W and such was not yet
annulled. X and Y both claimed and admitted that Z was their illegitimate son. Can this be allowed?
A. No. Z is presumed to be the son of X and W, to whom she was married. X the mother cannot declare the illegitimacy
of the child because it is proscribed under the Family code. Y cannot impugn the legitimacy of the child because it can
only be done by the husband, W, and in exception cases his heirs (Concepcion V C.A GR 123450)

Q. is a marriage between a Filipino and foreigner in the Philippines without a certificate of legal capacity to contract
marriage from the embassy or consular officials of his country here valid?
A. yes. Because the foreigner failure to obtain such certificate is mere irregularity that does not invalidate the marriage.
(RECIO 366 SCRA 437)

Q. under the above facts, may Y be granted visitorial rights and ask for the continuous use of his surname by Z?
A. Y cannot be granted visitation rights nor Z continuously use the surname of Y. Visitation rights come from the natural
right of the father to his child. Y cannot impose his surname on Z who is in the eyes of the law not related to him in any
way.

Q. may the spouses agree to partial voluntary separation of property prior to the judicial declaration of nullity of
marriage?
A. Yes. Under Article 143, separation of the property during the marriage may be effected voluntary subject to court
approval (Maquillan GR 155409)

Q. Can the natural parents be allowed to withdraw their consent to the adoption of their natural child prior to
adoption decree?
A. A period of six months from the time the biological parents made their decision shall be allowed for them to
reconsider any decision to relinquish his or her or their child for adoption before the decision becomes irrevocable

Q. what is the probative value of DNA results in determining paternity/filiation?
A. if there is no match, it is conclusive proof of no paternity. If there is 99.9% match, it can be used as a corroborative
evidence (Herrera 2005)

Q. an alien and Filipina lived together without the benefit of marriage as husband and wife because the Filipina was
still legally married to another, is she entitled to the property acquired by alien?
A. No. in such adulterous relationship no co-ownership exists between the parties. It is necessary for each of the
partners to prove his or her actual contribution to the acquisition of property in order to be able to lay claim to any
portion of it. (Borromeo 2009)

Q. what are the instances when marriage settlements may be modified after the celebration of marriage?
A. Generally, modification to marriage settlements must be before the celebration of marriage. However modification
can be made in the following instances.
1) art. 66 to 67 when there is reconciliation after legal separation, the separation of property and any forfeiture of the
share of the guilty spouse already effected shall subsist, unless the spouses agree to revive their former property
regime.
2) art 128 incase of abandonment, the aggrieve spouse my file a petition for receivership
3) Art 135 sufficient cause for judicial separation
4) Art 136 in case for voluntary petition for judicial separation of property

Q. can an alien spouse assail the encumbrance over real property made by the Filipina spouse without his consent?
A. No. in both absolute community of property and conjugal partnership of gains an alien married to a Filipino cannot
have any interest in the community or partnership property, otherwise there will be circumventing he proscription in
the constitution regarding aliens being prohibited from acquiring real property in the Phil. (Mathew V taylor)

Void Voidable Legal separation
Property Relations Capacitated to marry but are
under a void marriage: the rules
on co-ownership.
Not Capacitated to marry:
only the properties acquired by
both spouses shall be owned by
them.
General rule: absolute
Community of property
Exception: when there is a
valid marriage
settlement
GR: absolute community
Of property
Exception: when there is
a valid marriage
settlement
Effects of
dissolution
GR. Co-ownership apply
Exception: Art 43(2-5) shall
Govern in case of subsequent void
marriage under Art. 40

The effect provided in
Art 43(2-5) shall govern
In case of subsequent
Void marriage under
Art 40

The absolute community
or conjugal property
shall be dissolved and
liquidated but the
offending spouse shall
have no right to any share
on the profit earned by
the ACP or CPG Art63 (2)
Children GR. Illegitimate Art 165
EX: Art 54 in relation to art 36
Terminated subsequent marriage
under art 43 in rel to art 41
Children born inside a
Valid marriage are
Legitimate Art 164. And
Children conceived or
Born prior to the final
Judgment of
Annulment are
legitimate
Children born inside a
Valid marriage are legitimate





Property.

Q. what is the rules on hidden treasure?
A. if finder is the OWNER and no one else treasure totally belongs to the owner of the property where found
If the finder is a 3
rd
person and discovery by chance entitled to of the value and other half pertains to the owner of the
property where found
2. if the finder is in possession of the property as USUFRUSTUARY and discovery by chance- entitled to of the value
other half belong to naked owner. If finder is a 3
rd
person and discover by chance in the property under usufruct-
usufructuary who is considered stranger will not get anything. Finder naked owner
3) if finder is a married spouse, other spouse is entitled to of the share of the finder art 117

Q. what is by chance?
A. means by good luck whether there was a deliberate search for the treasure or not but there was no prior agrrement
on how the treasure if found would be divided

Q. what are the rights of a land owners VS a builder in good faith or in bad faith?
A. LO Vs BPS in GF
a. appropriate or acquire what has been BSP after paying indemnity.
b. Sell the land unless the value of the land is considerably more than the value of the building or trees.
c. BSP is unable to pay, may demand removal of what has been built planted or sown
2. LO Vs BSP in BF
a. acquire what has been BSP without paying for indemnity except necessary expenses for the preservation of land only.
b. comple the builder or planter to pay the price of the land and sower to pay the proper rent plus damages
c. demand demolition or removal of the work at the expense of BSP plus damages.
3. BF plus BF = GF
4. if relationship is lessor-lessee and lessee in GF makes
a. USEFUL IMP. Which are suitable to the use for which the lease is intended without altering the form or substance of
the property leased, the lessor upon the termination of the lease shall pay the lessee of the value of the improvement
at the time. Should the lessor refuse to reimburse, lesse may remove the improvement even though the principle thing
may suffer damage.
b. Ornamental Expenses lessor may choose to retain them by paying their value at the time the lease is extinguished. Art
1678

Q. when is partition of co-owned property at the instance of co-owner not allowed?
A. 1) when the co-owners have agreed to keep the thing undivided for a certain period of time not exceeding 10 years
2. when its is prohibited by the donor or testator for a period not exceeding 20 years
3. when it is prohibited by law.
4) when it will render the thing unserviceable for the use for which it is intended

Q. distinguish nuisance per se and nuisance per accidens. How are they abated?
A. a nuisance per se is an act, occupation or structure which unquestionably is a nuisance at all times and under any
circumstance regardless of location or surroundings. Subject to summary abatement
A nuisance per accidens (in fact) may be considered a nuisance by reason of circumstance, location or surroundings. A
judicial process is needed before per accidens can be abated

Q. what is the doctrine of attractive nuisance?
A. one who maintain on his premises dangerous instrumentalities or appliances of a character likely to attract children in
play and who fails to exercise ordinary care to prevent from playing therewith or resorting thereto, is liable to a child of
tender years who is injured thereby, even if the child is technically a trespasser in the premises

Q. Can a schizophernic donate his property?
A. absent of substantial proof that a person had lost total control of his mental faculties, a person suffering from such
sickness does not necessarily lose his competence to intelligently dispose of his property. (Catalan GR. 159567)

Q. what are continuous, discontinuous, apparent or non apperent easement?
A. Continuous easement are those the use of which is or may be incessant, without the intervention of any act of man
Discontinuous easement are those which are used at intervals and depend upon the acts of man
Apparent are those which are made known and are continually kept in view by external signs that reveal the use and
enjoyment of the same.
Non apparent are those which show no external indication of their existence

Q. when can you revoke a donation?
A. fulfillment of resolutory conditions or charges ( art. 764)
Ingratitude (Art 765)

Q. when can you reduce donation?
A. the donation inter vivos made by the person having no children or descendant, legit or illegit by subsequent marriage
or iilegit may be revoked in case of B.A.R ( birth, adoption, reappearance)
2) if insufficient property is left for support of donor and his relatives
3) if made in fraud of creditors

Q. can an easement of a right of way be acquired by prescription?
A. No. the easement of right of way is discontinuous one under Art 622 and it ay be acquired only by virtue of title. The
presence of physical or visual signs only classifies an easement into apparent or non-apparent (bogo-medeilim milling)

Q. can a real property be treated by the parties to a contract as personal property?
A. Yes. The parties to a contract of chattel mortgage may, by agreement, treat as personal property which by nature be
real property, such as leasehold rights and building. However it is only good as far as the parties are concerned. It is
based on the principle of estoppel. (Evangelista 1958)

Q. what are the rule on alien holdings under the condominium act?
A. if the common areas are in the name of the unit holders as co-owners, then no unit may be transferred except to
Filipino citizens or corporation at least 60% Filipino owned, except by hereditary succession.

If the common areas are in the name of the condominium corporation, then 40% of the units may be sold or transfered
to aliens or aliens entities, so long as the stockholdings of the Filipinos in the condominium corporation do not amount
to less than 60%

Q. when may partition be made by sale of the entire property?
A. as GR partition whether judicial or extra judicial is not allowed, except on the following grounds in which case partion
may be made by the sale of the entire property?
1) three years after damages rendering material part unfit for use and there is refusal to rebuild by the unit owners
2) damage extends to of units and the owners with 30% interest oppose repair
3) project is more than 50 years, obsolete and uneconomic, and owners holding more than 50% interest refuse to repair,
rebuild and remodel
4) condition for partition by sale embodied in the Declaration of restriction have been complied with

Wills and Succession

Q. Mr. Ramos executed a will completely valid as to form. A week later, however he executed another will which
expressly revoked his first will following which he tore his first will to pieces, upon the death of Mr. Ramos his second
will was present for probate by his heirs, but it was denied probate due to formal defects. Assuming that the copy of
the first will was available, may it now be admitted to probate and given effect?

A. Yes. The first will may be admitted to probate and given effect. When the testator tore the first will, he was under the
mistake belief that the second will was perfectly valid and he would not have destroyed the first will had known that the
second will is not valid. The revocation by destruction therefore is dependent on the validity of the second will. Since it
turned out that the second will was invalid, the tearing of the first will did not produce effect of revocation. This is
known as the doctrine of dependent relative revocation (Molo v Molo)

Q. what are the requisite of valid disinheritance?
A. 1. It must be made in will
2. must be for a valid specified in law
3. must specify the cause
4. must be unconditional
5. must be total
6. the cause must be true
7. if the truth of the cause is denied, it must be proved by the proponent

Q. when there is a compulsory heir in the direct line instituted in the will and the testamentary disposition given to
such heir is less than the heirs legitime, is there preterition?
A. No. there is no preterition in this case precisely because there was no total omission, inasmuch as the heir received
something from the inheritance. Therefore the heirs remedy is not found in Art 854, but rather in Article 906 and 907 on
the completion of legitime

Q. how does Reserva trocal operate?
A. 1. The property should have been acquired by operation of law by an ascendant (reservista) from his descendant
(propositus) upon the death of the latter
2. the property should have been previously acquired by gratuitous title by the propositus from another ascendant or
from a brother or sister
3. the propositus should have died without any legitimate issue in the direct descending line who could inherit from him

Q. how many times should the will be read to a blind testator and by whom?
A. twice, once by the subscribing witness and again by the notary public before whom the will is acknowledge.
Exmpt: Alvarado case

Q. what is pretiration?
A. when there is total omission of one, some or all the compulsory heirs in the direct line, whether living at the time of
the execution of the will or born after the death of the testator from the inheritance. It is not mere asence in the name
of the will. The device and legacies shall be valid in so far as they are not inofficious.

Q. what is disposicion Captatoria? Is it valid?
A. the condition that the heir shall make some provision in his will in favor of the testator or of any other person is what
is known as a condition Captatoria. It is not only the condition but entire testamentary disposition shall be void Art 875

Q. what is the Iron Curtain Rule?
A. based on this rule, an illegitimate child has no right to inherit ab intestate from the legitimate children and relatives of
his father or mother; nor shall such children or relatives inherit in the same manner from the illegitimate child (del
amerced V Del amerced)

Obligation and Contracts

Q. distinguish between guaranty and surety ship?
A. A guarantor insures the solvency of the debtor while a surety is an insurer of the debt itself. A contract of guaranty
gives rise to a subsidiary obligation on the part of the guarantor to pay if the principal debtor cannot pay while a surety
pays if the principal debtor does not pay. A surety has benefit of execussion

Q. what is a purchase money resulting to trust?
A. Art 1448 of the civil code provides that an implied trust is created when property is sold, and the legal estate is
granted to one party but the price is paid by another for the purpose of having the beneficial interest of the property.
The former is the trustee, while the latter is the beneficiary

Q. what is the nature of the action for rescission in Art. 1191?
A. Rescission creates the obligation to return the object of the contract. It can be carried out only when one who
demands rescission can return whatever he may be obliged to restore. (Co. V CA)
To rescind is to declare a contract void at its inception and to put an end to its as though it never was. It is not merely to
terminate it an release the parties from further obligation to each other, but to abrogate it from the beginning and
restore the parties to their relative position as if the contract is made (ocampo V CA)

Q. distinguish an absolutely simulated contract from an illegal contract?
A. in simulation the contract is not really desired to produce an illegal effect or in any way alter the juridical situation of
the parties; whereas an illegal contract is intended to be real and effective and entered in such form as to circumvent a
prohibited act (Rodriguez V Rodriguez)

Q. Is the statute of frauds applicable to contracts with right to first refusal?
A. No. the application of the statute of frauds presupposes the existence of perfected contract. A right of first refusal is
not by means a perfected contract of real property. Contractual grant. Thus a right of refusal need not be written to be
enforceable and may be proven by oral evidence ( rosencor GR 140479 )

Q. what are the Characteristic of a Contract?
A. mutuality- its validity and performance cannot be left to the will of only one of the parties
Automony- the contract can stand on its own
Consensuality- Contracts are perfected by mere consent, except real contracts and contracts which requires solemnities
Relativity-
Obligatory force- it is the law between the contracting parties.

Q. GR on Resolution under 1191
A. in the absence of an express stipulation authorizing the parties to extrajudicially resolve a contract of sale, the power
to resolve must be invoked judicially

Q. what is the doctrine of rebus sic stantibus?
A. the parties stipulate in the light of certain prevailing condition, and once these conditions cease to exist, he contract
also ceases to exist. When the service has become manifestly difficult so as to be beyond the contemplation of the
parties the courts may relieve the obligor of his obligation, in whole or in part

Resolution Termination
The unmaking or undoing of a contract, not merely
Its termination
An end in time a close or cessation
May be effected by both parties by mutual
Agreement Or unilaterally by on party declaring
recission Subject to the review of the courts
May be effected by mutual agreement or by one
Party exercising his remedies against the other
As provided in the contract
Contract is deemed inexistent Contract is deemed valid at inception
If not expressly stipulated, it must be sought
through judicial action
Clause must be expressly stipulated in the contract;
termination is simply an enforcement of the provision of
the contract.
Mutual restitution is required to bring the parties
Back to their state before the contract
Parties are not restored to their original situation; contract
is treated as one which existed

Sales

Q. what are the remedies of the buyer in case the failure of the owner or developer to develop the subdivision or
condominium projects according to the approved plans and within the time limit for complying with the same?
A. buyer mat at his option be reimbursed the total amount paid including amortization interest but excluding
delinquency interest, with interest thereon at the legal rate.

Q. what is the consumer expectation test?
A. under this test a product may be defective in design if the plaintiff demonstrate that the product failed to perform as
safely as an ordinary consumer would expect when used in an intended or reasonably foreseeable manner. The test is
then the reasonable expectation of the consumer.

Q. what are the remedies of a seller in a contracts of sale of personal property by installments?
A. under Art. 1484 of the civil code (recto law) the remedies of an unpaid seller are to.
1. exact fulfillment should the buyer fail to pay.
2. cancel the sale if the buyer fails to pay 2 or more installments
3. foreclose on chattel mortgage if buyer fails to pay 2 or more installments.

Different situations in double sales Who will win?
Where property covered by 2
Different titles
The earlier in date must prevail and in case of successive registration
Where more than one certificate is issued over the same land, the
Person holding a prior certificate is entitled to the land as against
A person who relies on subsequent title
When first sale is over unregistered
Land and the 2
nd
sale is when it is
Registered writ! Not under torrens
System
First buyer win. The principle of priority in time, priority in rights
Shall apply. Registration of the first buyer is constructive notice
Notice to the second buyer and such, the latter cannot be deemed
To be in good faith
1
st
sale is over unregistered land
And the second sale is when it is re-
Glistered under the Torrens system
Second buyer win since the registration of the second sale buyer is
The operative act.

When the 1
st
sale is unregistered
Land and the second sale is judicial
sale
First buyer will win. The rules of court will apply such that the
Delivery of the sheriffs certificate merely substitute the latter
Into the shoes of the judgement debtor which acquire all rights,
Interest and claims.


Q. what are the requirement for the maceda law to apply?
A. sale or financing of real estate, excluding industrial lots, commercial buildings and sales to tenants
2. installments basis
3. buyer paid at least 2 years of installments and later on defaults

Effects
He can pay the unpaid installments due without additional interest within the grace period earned by him. 1 month
grace period every year of installment payment. Exercisable only once every 5 years during the contract and its
extensions.

Q. distinguish a paco de retro from an equitable mortgage?
A. A pacto de retro is a situation where there is a right to repurchase the thing sold granted to the vendor in a separate
instrument from the deed of sale whereas an equitable mortgage is one which lacks the proper formalities, form of
words, or other requisites prescribed by law for a mortgage, but shows the intention of the parties to make the property
subject of the contract as security for a debt and contracts nothing impossible contrary to law.

Q. what is the mirror doctrine or mirror image rule?
A. the mirror image rule also referred to as an unequivocal and absolute acceptance requirement, states that an offer
must be accepted exactly without modification. An attempt to accept the offer on different terms instead creates a
counter-offer and this constitutes a rejection of the original offer. any change in the offer is a counter offer that does not
yet perfect a contract of sale.

Contract of sale Contract to sell
Title passes to the buyer upon delivery of the thing
sold
Ownership reserved in the seller and is not to pass
Until the full payment of the purchase price
Non-payment of the price is a negative
Resolutory condition; which may give rise to an action
For specific performance or resolution with damages
Full payment is a positive suspensive condition
Seller has lost and cannot recover ownership of the
property until or unless the contract of sale is itself
resolved
Title remains in the seller if the buyer does not
comply with the condition precedent of making
payment at the time specified in the contract.

Credit transactions

Q. what do pawn tickets represent?
A. a pawn ticket is the pawnbrokers receipt for a pawn. It is neither a security nor a printed evidence of indebtedness.
However for purposes of taxation, the same pawn ticket is proof of an exercise of a taxable privilege of concluding a
contract of pledge.

Q. when does the right of the pledge to appropriate thing pledge arise?
A. the pledge may appropriate the thing pledge if after the first and second auctions, the thing is not sold. This is an
exception to the prohibition against pacto commisorio.

Agency, Partnership and trust

Q. company A executed a lease contract with B. the lease contract provided that upon termination of the contract or
expiration of the lease, the lessor shall have the right to retain possession of the properties of the lessee in the leased
premises in payment of any unpaid rentals, charges. Is this provision considered pactum commisium?
A. no. because pactum commissorium applies only to a pledge or mortgage. The provision instead is a forfeiture clause
in the contract of lease and it gives the lessor a remedy upon default of the lessee obligation ( fort bonifacio)

Q. A and B executed an amendment to the real estate mortgage, a MOA and dacion in payment agreement. Therein
they agreed to restructure and consolidate the loans. He same also provide that should a fail to pay within 1 year
from the date of the consolidation and restructuring, the DPA shall be enforced. A contends that the MOA and DPA
constitue pactum commsissorium. Is he correct?
A. yes. The MOA and DPA contain no provision for foreclosure proceeding nor redemptiom. Under the MOA the failure
by A to pay his debt within 1 year period gives B the right to enforce the Dacion in Payment transferring to it ownership
of A land. B in effect automatically acquires ownership of th properties upon As failure to pay his debt within the
stipulated period.

Q. what is a contract of antichresis?
A. by the contract of antichresis, the creditor acquires the right to receive the fruits of an immovable of is debtor, with
the obligation to apply them first, to the interest and thereafter, to the principal. For validity of contract of antichresis,
amount of principal and interest must be in writing.
Q. is the obligation to pay in foreign currency valid?
A. yes. With the repeal of the uniform currency act, there is no more legal impediment to having obligations or
transaction paid in a foreign currency as long as the parties agree to such an arrangement. In fact obligation in foreign
currency may be discharge in Phil. Currency based on the prevailing rate at the time of payment.

What is a dragnet clause?
A. dragnet clause or blanket mortgage I a pledge or mortgage given to secure future advancements is a continuing
security and is not discharge by the repayment of the amount named in the mortgage until the full amount of all
advancement shall been paid.

Q. Is a partnership established where parties share gross returns?
A. No. the sharing of gross returns does mot itself establish a partnership. There must be an unmistakable intention to
form a partnership or joint venture.

Q. distinguish a broker from an agent?
A. a broker is one who engaged for others on a commission, negotiating contracts relative to property the custody of
which he has no concern. His occupation is merely to bring the parties together. A broker like an agent acts in
representation of others; however unlike an agent he has no power to bind others in contracts (166 scra 493)

Lease

Q. when can you sublet?
A. when in the contract of lease of things there is no express prohibition, the lessee may sublet the thing leased, in
whole or in part, without prejudice to his responsibility for the performance of the contract toward the lessor.

Q. when is there an implied new lease or tacita Reconducion?
A. by tacit renewal of a contract of lease a new contract is impliedly established if at the end of the old contract the
lessee should continue enjoying the thing leased for 15 days with the acquiescence of the lessor, provided that a notice
to the contrary had not been previously given by either party.

Torts and Damages

Q. What is the Captain of the ship doctrine?
A. A surgeon in charge of a medical operation is liable for the negligence of the assistance committed when the latter
were under his control. (Cantre vs Go)

Q. an employee of a drugstore misread the prescription and gave the customer a potent sleeping tablet instead of
something to keep his blood sugar down. The customer got involved in a vehicular accident because he fell asleep
while driving. Is the negligence of the employee the proximate cause of the accident?
A. Yes. The proximate cause of the accident is the gross negligence of the employee. The employer is likewise liable.
Considering the business of the drugstore the employee should have been very cautious in dispensing medicine. Moral
and exemplary damages are awarded ( Mercury drug vs Baking)

Q. Can the victim of a car collision immediately proceed against the drivers employer?
A. yes. The liability of the employer under Art 2180 of the Civil code is direct or immediate. It is not conditioned on a
prior recourse against the negligent employee, or a prior showing of insolvency of such employee. It is also joint and
solidary with the employee (mercury)

Q. what is a hospital liability in cases of medical negligence?
A. there is no employer-employee relationship between hospitals and doctors thus the vicarious liability doctrine does
not apply. However under the doctrine of Apparent Authority, hospital can be held liable because of the. 1) hospitals
act of holding out the doctor as its agent and/or employee. 2) patients acceptance of the services of the doctor (Agana)

Q. what is the doctrine of last Clear chance?
A. the doctrine of last clear chance states that where both parties ar negligent, but the negligent act of one is
appreciably later than that of the other, or where it is impossible to determine whose fault or negligence caused the
loss, the one who had the last clear opportunity to avoid the loss but failed to do so is liable.

Q. Ramos hospital displayed in its lobby the names of the physicians associated with it. One of its patients died when
one of its associates left a gauze in the stomach of the patient. The patients family sued ABC hospital. Can it be held
liable under the Holding Out Theory?
A. Yes. This is sometime referred to as the doctrine of ostensible agency. In cases where it can be shown that hospital,
by its action has held out a particular physician as its agent or employee and that patient has accepted treatment from
that physician in the reasonable belief that it is being rendered in behalf of the hospital then the hospital will be liable
for the physicians negligence.

What is the formula for computing Interest Rates?
A. 1) when the obligation is breached and consist in the payment of a sum of money (loan or forbearance of money) the
interest due should be that which may have been stipulated in writing. In the absence of stipulation, the rate of interest
shall be 12% per annum
2) when the obligation is breached and does not constitute a loan or forbearance of money, an interest on the amount
of damages awarded may be imposed at the discretion of the court at 6% per annum.
3) when the judgment of the court awarding a sum of money becomes final and executory the rate of legal interest,
whether falls in 1 or 2 shall be 12% per annum.

Land titles and deeds

Q. what is the status of reclaimed lands?
A. lands reclaimed by the government are not available for sale to private parties unlike other alienable lands.
Reclaimed lands retain their inherent potential as areas for public use or public service. Such lands must be transferred
to qualified private parties or government entities tasked to dispose of public lands before these can become private or
patrimonial lands (Chavez V PEA )

Q. will an earlier applicant for the registration of land prevail over a subsequent applicant if the title is issued to the
subsequent applicant first?
A. No, the law recognize the title of subsequent applicant because he was issued his registration ahead of the first
applicant. The rule is that whoever first acquires title to a piece of land shall prevail and where there are more than one
certificate of title the person holding the prior certificate is entitled to the land.

Q. what is the mirror principle?
A. where there I nothing on the certificate of title to indicate cloud/vice in ownership or encumbrance, purchaser not
required to explore further than torrens title. ( Fule vs Legare)

Q. when is the 10 years prescriptive period not applicable to an action for reconveyance based on an implied or
constructive trust?
A. 1. If brought by the registered owners of their children
2) A co-heir who, through fraud succeeds in obtaining a certificate of title in his name to the prejudice of his co heirs is
deemed to hold the land in trust for the latter.
3) plaintiff is in possession of the land in question
4) predicated on the fact that the conveyance complained of was null and void

Conflicts of Laws

Q. while driving during a trip to HK, X a Filipino, injures a pedestrian Y also a Filipino. Y files a case for damages
against X two year after the accident. Assume that in HK the prescription of the action for damages arising from tort is
one 1 year. X claim that Philippine law is applicable, Y pleads prescription based on HK law. Should the case be
dismissed?
A. Yes. The case must be dismissed. In this case prescription is a substantive matter whereby the rights to an action is
extinguished by the lapse of time. In torts cases, the law applicable is the place where the tort occurred

Long arm statutes Statutes allowing the courts to exercise jurisdiction when there are
Minimum contracts between the non-resident defendant and the forum
Doctrine of forum non-
Conveniens
The forum is inconvenient; the ends of justice would be best serveved
By trial in another forum; the controversy may be suitably tried
Elsewhere
Lex loci contracttus Law of the place where the contract was made or when
The contract is to be governed
Lex loci actus Law of the place where the act was done
Depecage Where different aspects of a case involving a foreign element
May be governed by different system of law
Foreign court theory The local forum, in deciding the case will put itself in the
Position of the foreign court
Act of the state doctrine Forbids review by the courts of the acts of foreign head
Of state acting in his official capacity.
Doctrine of processual
presumption
The foreign law. Whenever applicable should be proved by the proponent
thereof, otherwise such law shall be presumed to be exactly the same as
the law of the forum

Q. what are caduciary rights?
A. refer to the right of the state to claim thru escheat proceedings the properties within its territory of decedent when
the decedent is not survived by any hiers.