Civil Law Suggested Answers (1990-2006), Word

CIVIL LAW Answers to the BAR as Arranged by Topics (Year 1990-2006)
ANSWERS TO BAR
EXAMINATION QUESTIONS
IN
LAW
Answers
toas
the
BAR
as
Arranged
by1990-2006)
Topics
1990-2006)
CIVIL
LAW
Answers
toBAR
the
BAR
as Arranged
by(Year
Topics
(Year(Year
1990-2006)
Nature
of
Contracts;
Relativity of
Contracts
CIVIL
LAW
Answers
the
BAR
as
Arranged
by
Topics
(Year
1990-2006)
Leasee
&Diligence
Lessor;
and (1996)
Obligations
(1990)
CIVIL CIVIL
LAW
Answers
totothe
Arranged
by Topics
Family
Heirs;
Easements;
Defense;
Intestate
Home;
DueRight
Dwelling
Heirs;
of Way;
Reserva
House
inRights
Selection
Requisites
(1994)
Troncal
(1995)
Table
FORWARD
of Contents
GENERAL PRINCIPLES
(2003)................................................................................................................
..........................................................................................................................
.............................................................................................................
...............................................................................................................
(2002)
.........................................................................................................
......................................................................................................
9844
Leasee;
63
82
Heirs;
Ejectment
Rescission
112
24
Death
Intestate
Filing
Family;
Suit
Thereof;
of
of
Heirs;
vs.
Constitutional
Separate
Contracts;
Cancellation
Shares
Effects
CivilProper
Mandates;
(1997)
Action;
of TitleParty
(2005)
Need
Divorce
for
(1996)
(1991)............................................................................................................................
(2003)
Reservation
.............................................................................................................
..............................................................................................................
.........................................................................................................................
.........................................................................................................
(2003) ......................................................................................
63
82112
Ejectment
24 Marriage;
Fortuitous
98 Option
Suit;
45
Annulment;
Event;
Commodatum
to
Intestate
Buy;
Mechanical
Expired
Succession
Effects;
(2006)
Defects
Requisites
(2002)
Before
Remarriage
(1992)
..........................................................................................................................
(2001)
.............................................................................................................
.........................................................................................................................................
......................................................................................................................................
(1990) ...........................................................................
24 Marriage;
112 Liability;
63
Annulment;
Extra-Judicial
Airline Company;
Grounds
98
45Partition;
Sublease
Intestate
Non-Performance
Fraud
vs.
Succession
Assignment
of anof
OBLIGATIONS
.........................................................................................................................................................
83
Civil
vs.
Common
LawGambling
(1997)
(1991)law
(1997)
(1990)
Obligation
Lease;
.........................................................................................................................
.........................................................................................................................................
...........................................................................................................................
Aleatory
Rescission
(2004)
Contracts;
........................................................................
of Contract
(2005)(2004)
..............................................................................
...........................................................................................................................
112 Liability; Airline Company;
2563Marriage;
99
Hidden
Sublease;
Non-Performance
45Treasure
Annulment;
Intestate
Delay
(1995)
Succession
in
Judicial
ofPayment
an Obligation
of 83
How
would
you
compare
the....................................................................................................................................
Civil Law system
Conditional
Obligations
(2000)
83
Declaration
(1998)
(2005)
...............................................................................................................................................
Rentals
.........................................................................................................................................
........................................................................
(1994)
(1993)
.............................................................................................................
........................................................................................................
113 Liability; Employer; Damage caused
2599Marriage;
Sublease;
by64
Employees
46
Hidden
Annulment;
Intestate
Sublessee;
Treasures
(1997)
Succession
Legal
Liability
(1997)
Separation;
GENERAL PRINCIPLES ....................................................................................................................................... 10
in
its.........................................................................................................................................
governance
and
trend
with
that
of
the
Conditional
Obligations
(2003) ....................................................................................................................................
83
Prescription
(1998)
.............................................................................................................................................
(1999)
........................................................................................
........................................................................................................................
of Actions
(1996)
......................................................................
113
Liability; owner
25
who
Marriage;
was in
100
Annulment;
theSublease;
vehicle
64
Mortgage;
46
(1996)
Proper
Intestate
Sublessee;
Party
Pactum
Succession
Liability
Civil law vs. Common Law (1997) ................................................................................................................................ 10
Common
Conditional
Law
Obligations;
system?
Promise (1997) .....................................................................................................................
84
(1990).........................................................................................................................................
(1999)
Commissorium
(2000)
...........................................................................................................
...................................................................................................................
........................................................................................................................
(1999)
....................................................................................................................
114
Liability;
26
owner
Marriage;
100
who
Sublease;
was
Annulment;
46
64
inIntestate
Mortgage;
the
Validity;
vehicle
Proper
Succession
Assignment
Pactum
(1998)
Party
of
Effect of
Obiter & Dissenting Opinion; SC Decisions (1994) .........................................................................................
SUGGESTED
ANSWER:
Conditional
Obligations;
Resolutory Condition (1999) .................................................................................................
84
(1995).........................................................................................................................................
(2000)
Commissorium
Sublease
...........................................................................................................
...................................................................................................................
(1990)
(2001)
...................................................................................................
....................................................................................................................
114
Liability;
26
100
owner
Marriage;
who was
Divorce
46
65
inIntestate
Mortgage;
theDecree;
vehicle
Succession;
Void
Right
(2002)
Marriages
of Reserva
10
Effectivity
of
Laws
(1990)
As
regards
"governance":
Governance
in
Civil This
Extinguishment;
Assignment
of
Rights
(2001)
.............................................................................................................
(1992)
Troncal
Redemption
...........................................................................................................
........................................................................................................
(1999)
vs.is
.............................................................................................................
Equity
Redemptionfor
(1999)
................................................................................
114 Moral
26is
Marriage;
Damages
47Divorce
Legitime
& Atty
Fees
Nuisance;
(2002)
Filiation
FamilyofHouse;
Children
Not84
This
work
not ofintended
sale
or
commerce.
work
freeware.
It65Decrees;
may
be
freely
copied
and
COMMON
CARRIERS..........................................................................................................................................
100
............................................................................................................................................
10
Equity
follows
the
Law
Law
is
codal,
statutory
and
written
law. It is
Extinguishment;
Cause of(2000)
Action
(2004) ......................................................................................................................
85
Extraordinary
Diligence
..................................................................................................................................
100
(2005)............................................................................................................................................................
(1997)
Nuisance
............................................................................................................................
...............................................................................................
per
se (2006)
..................................................................................................
26
Marriage;114
Divorce
Moral
65
Nuisance;
Decrees;
Damages;
Filipino
Public
Non-Recovery
Nuisance
Spouses
47
Legitime;
becoming
vs.
Thereof
Private
(2003)......................................................................................................................................
10 Ignorance of the Law
additionally
derived
from case
law.........................................................................................................................
Common 27 Marriage; Divorce
Extinguishment;
Compensation
(2002)
85 101
Alien (1996)
Compulsory
Nuisance
(2006)
..........................................................................................................
(2005)
...........................................................................
Heirs
...............................................................................................
(2003)
..............................................................................................................................
115
65 Quasi-Delict
Ownership;
Decrees; Filipino
Co-Ownership
(1992)Spouses 47
(1992)
becoming
Alien
AGENCY
...................................................................................................................................................................
vs.
Mistake
of
Fact
(1996)
...........................................................................................................
11Legitime;
Inferior
Courts
distributed,
nevertheless,
PERMISSION
TO
COPY
from
the
editors
is
ADVISABLE
to protect
the
law
basically
derived
fromvs.case
law.
Extinguishment;
Compensation
Payment
(1998)
....................................................................................................
85
(1999)is
Compulsory
................................................................................................................................
....................................................................................................................................................
...........................................................................
Heirs
vs.
Secondary
Compulsory
Heirs
(2005)
..........................................................................
27
Marriage;
Donations
by
Reason
66
Ownership;
of
Marriage;
115
Co-Ownership;
Effect
Quasi-Delict
48
Preterition
of
Declaration
Prescription
(2005)
of
Agency (2003)
...........................................................................................................................................................
101
Decisions
(1994)
.................................................................................................................................. 11 Prejudicial
Extinguishment;
Compensation/Set-Off;
Banks
(1998) ................................................................................................
85
Nullity.........................................................................................................................................................
(2001)
(2000)
....................................................................................................................................................
...........................................................................................................
(1996) .....................................................
28 Marriage;
Grounds; Declaration
66 Ownership;
of Nullity:Co-Ownership;
Annulment:
115 Quasi-Delict;
Legal
Prescription
48 Separation:
Preterition;
contrary
Agency
vs.
Sale (2000)
..............................................................................................................................................
101
Questions
(1997)
........................................................................................................................................
11Acts(2002)
As
regards
"trend":
Civil
law
is now
tending to
PERSONS...................................................................................................................................................................
11
interest
of
the
ORIGINAL
SOURCES/REFERENCES
of
this
material.
It
is
primarily
intended
for
Extinguishment;
Condonation
(2000)
..........................................................................................................................
85
Separation
Compulsory
to
...........................................................................................................
morals
(1996)
of
Heir
Property
.............................................................................................................
(1999)
(2003)
............................................................................................................................
.....................
28
Marriage;
Grounds;
Nullity;
67
Annulment;
Ownership;
Legal
Co-Ownership;
115
Separation
Quasi-Delict;
Redemption
48
Mismanagement
Proceedings;
(1993)
of
Agency;
with
interest
(2001)
....................................................................................................................
rely more
and
more
on an
decisions
ofor
the
courts
Change
ofcoupled
Name;
Under
RA
9048
(2006)
......................................................................................................................
11
Extinguishment;
Extraordinary
Inflation
Deflation
(2001)
.........................................................................................
86
(1997).................................................................................
Intestate
Depositors
...........................................................................................................
Proceedings;
Account
(2006)
Jurisdiction
....................................................................................
(2004)
.............................................................................................
29
Marriage;
67
Legal
Ownership;
Separation;
116
Vicarious
Co-Ownership;
Declaration
Liability
Redemption
48
of
(1991)
Nullity
Succession;
(2000)
Death;
101
Agency;
Guarantee
Commission
explaining
the laws.
Common
law is(1998)
now..................................................................................................................
Death;
Effects;
Simultaneous
Death
Extinguishment;
Loss
(1994)
.......................................................................................................................................
(2002)
Presumptive
...........................................................................................................
...........................................................................................................................................
.............................................................................................
Legitime
(1991)
........................................................................................................
29 67
Marriage;
Ownership;
Legal
Co-Ownership;
Separation;
116Agency;
49
Vicarious
Grounds;
Wills;
Redemption
Codicil;
Liability
Prescriptive
(2002)
Institution
(2001)
Period
of 86
(2004)
.....................................................................................................................
101
Real
Estate
Mortgage
all
those
who
desire
to
have
a
deeper
understanding
of
the
issues
touched
by
the
Philippine
Bar
codifying
lawsofmore
and
more.Service
So they
are.......................................................................................................
12
Death;
Effects;
Simultaneous
Death
Extinguishment;
Loss;
Impossible
(1993)
86
(1994) (2004)
Heirs;
...........................................................................................................
...........................................................................................................................................
Substitution
................................................................................
Heirs
(2002)
....................................................................................
29 Marriage;
67Legal
Possession
Separation;
49Mutual
Wills;
117
Vicarious
Formalities
guilt
(2006)
Liability
(1990)(2002)
........................................................................................................................
101
Appointment
of
Sub-Agent
now
(1999)
merging
..................................................................................................................
towards
similar
systems.
12
Death;
Effects;
Simultaneous
Extinguishment;
Novation (1994).................................................................................................................................
87
(1998).......................................................................................................................................................
...........................................................................................................
..............................................................................................................................................
...........................................................................................................................................
29 Marriage; Non-Bigamous
117
50Vicarious
Wills;
Marriages
Holographic
Liability
68 (2006)
Property;
(2004)
Wills;
Real vs.vs.
(1999)
..............................................................................................................................
102
General
Agency
Death
(2000)
..................................................................................................................
12
Juridical
Capacity
vs.
Examinations
and
its
trend.
It
is
specially
intended
for
law
students
from
the
provinces
who,
very
Extinguishment;
Payment
(1995)
.................................................................................................................................
87
Insertions
Personal
..................................................................................................................
...........................................................................................................................................
Property
&Answers:
Cancellations
(1995) ................................................................................................................
(1996)................................................................................................................
.........................................................................................
30 Marriage; Property
50
117
Wills;
Vicarious
Relations;
68Holographic
Property;
Liability
VoidReal
Marriages
Wills;
(2006)
vs. Personal
Witnesses
(1991)
Special
Agency
(1992)
102
Powers
of
the
Additional
Capacity
to Act Joint
(1996)
...............................................................................................................
12
Juridical
Capacity;
Liability;
Lease;
Liability
(2001)
..........................................................................................................................
87
(1994)
Property
...................................................................................................
...........................................................................................................................................
..................................................................................................................
(1997)
................................................................................................................
30
Marriage;
Psychological
50
Wills;
68
Joint
117
Incapacity
Sower;
Wills
Vicarious
Good
(2000)
Faith/
Liability;
Bad
Public
Faith
Utility
(2000)
(1994)
........................................................................................................................................
102
Termination;
1. Agent
COMMON
LAW refers
to the traditional
Natural
Persons
(1999)
..................................................................................................................
13
Waiver
of Rights
Liability;
Solidary
Liability
(1998)
.................................................................................................................................
87
(1996)
(2000)
often,
...............................................................................................................................................
...........................................................................................................................
...................................................................................................................
.....................................................................................................................
are
recipients
of
deliberately
distorted
notes
from
other
69
30
118
Usufruct
Marriage;
unscrupulous
50
Psychological
Wills;
Probate;
law
Incapacity
Intrinsic
schools
Validity
and
Death
Agent
(1997)
.............................................................................................................
103
part Effect
ofPARTNERSHIP
theof
law
asofdistinct
from
legislation; it
......................................................................................................................................................
103
(2004)
...............................................................................................................................................
13
CONFLICT
OF
LAWS.............................................................................................................................................
13
Liability;
Solidary
Obligation
(1992)
.............................................................................................................................
88
(2006)
(1990)
(1997)
...................................................................................................................
............................................................................................................................................................
........................................................................................................................
31
Marriage;
51
Wills;
Probate;
Psychological
Notarial
Incapacity
69
and
Holographic
INTELLECTUAL
PROPERTY
...........................................................................................................................
118
refers
to the universal
part of
law as
distinct (1994) .................................................................................... 103
Composition
of
Partnerships;
Spouses;
Corporations
Appilicable
Laws;
laws(2004)........................................................................................................................................
contracts
(1992) .....................................................................................................
13
Liability;
Solidary
Obligation;
Mutual
Guaranty
.................................................................................................
88
Intellectual
Creation
(2006)
Wills
(1997)
...................................................................................................................
..................................................................................................
Wills;
31 Marriage;
RevocationRequisites
Wills; Dependent
Relative 118
LAND
TRANSFER
&governing
DEEDS...............................................................................................................................
69
from
particular
customs
(Encyclopedia
students.
Share
to
others
this
work
and(2003)
you
will..................................................................................................
be richly51rewarded
by of
God
in(1995)
heaven.
It is also
Conveyance
oflocal
aArts
Partners
Share
Dissolution
(1998)
Applicable
Laws;
15,
16 &
17 (1998)
.....................................................................................................................
13
Loss
of
the
thing
due;
Force
Majeure
(2000)
................................................................................................................
88
Acquisition
of
Lands;
Citizenship
Requirement
(2003)
.................................................................................................
69
Adverse
Revocation
.........................................................................................................................................
(2003)
...............................................................................
51
Wills;
Testamentary
31
Disposition
Marriage;
Requisites
(1999)
Americana,
Vol. 7). On the
other hand, CIVIL
103
Dissolution
of
Partnership
(1995)
Applicable
Laws;
Arts (1998)
15, 16,........................................................................................................................
17Subdivision
(2002) ........................................................................................................................
14
Non-Payment
of Levy
Amortizations;
Buyer;
89
Claims;
Notice
69
Annotation
(2006)
.........................................................................................................................................
52 Wills;
32
Marriage;
Testamentary
Requisites;
Intent (1996)
Marriage
LAW........................................................................................................................
is understood
to be that
branch of
law When justified (2005) ...................................................................
..............................................................................................................................
103
Dissolution
of
Partnership;
very
Applicable
good
karma.
Laws;
Capacity
to
Act
(1998)
......................................................................................................................
14
Period;
Suspensive
Period
(1991)
................................................................................................................................
89
Lis Pendens;
When Proper (2001)
..........................................................................................................
70
Foreshore
Licenseof(1996)
................................................................................................................................
............................................................................................................
52
32
Marriage; Requisites; Marriage
License
governing
the
relationship
of
persons
in
Termination
(1993)
.......................................................................................................... 104 Effect of Death of Partner
Applicable
Laws;
Capacity to Buy Land (1995) ............................................................................................................
15
Lands
...............................................................................................................................................
70ofForgery;
(2002)
............................................................................................................
33 Marriage; Requisites;
DONATION
................................................................................................................................................................
52
respect
of(2000)
their
personal and private interests
TRUST.........................................................................................................................................................................
89
(1997)
................................................................................................................................
104 Solemnizing
ObligationsOfficers
a Partner
Applicable
Laws;
Capacity
to
Contract
(1995)
..............................................................................................................
15
Donation
vs.
Sale
(2003)
..............................................................................................................................................
52
Innocent
Purchaser;
Holder
in
Bad
Faith
(2005)
.............................................................................................
70
Forgery;
(1994)
.......................................................................................................
33
Marriage; Requisites; Void Marriage (1993)
Express
Trust;
Prescription
(1997)
..............................................................................................................................
89
as
distinguished
from
both
public
and
(1992) ..................................................................................................................................
104 Obligations of a
Applicable
Laws;
capacity
to succeed
(1991)
...............................................................................................................
Donations;
Condition;
Capacity
to Sue
(1996)
.............................................................................................................
Innocent
Purchaser;
Mirror
Principle
(1991)
..................................................................................................
.................................................................................................................
33 Marriage; Void Marriages (2004) 104 71 Fraud; 5215
Implied
Trust
(1998).....................................................................................................................................................
international
laws.
Partner;
Industrial
Partner
(2001)
.....................................................................................................
C
OMMODATUM
&
M
UTUUM
....................................................................................................................................
Applicable
Laws;
contracts
contrary
to traditional
public
policy (1996) ........................................................................................
In
Donations;
Conditions;
countries,
Revocation
(1991)
...................................................................................................................
5315 104
Procurement
oflaw
Patent;
Effect
(2000)the
................................................................................................................
71
..................................................................................................................................
Marriage;
Marriages (2006)
90common
Trust;
Implied for some Bar34Questions
ResultingVoidwhich
Trust
We
would
like
to
seek
the
indulgence
of
the
reader
are
improperly
Commodatum
(1993)
.................................................................................................................................................
Applicable
Laws;
Contracts
of
Carriage
(1995)
............................................................................................................
16
Donations;
Effect;has
illegal
& the
immoral
conditions
(1997).................................................................................................
53
responsibility
most
part been
Homestead
Patents;
Voidfor
Sale
(1999)
..........................................................................................................................
71104
..................................................................................................................................
34 Marriage;
(1995)...........................................................................................................................
91 Void Marriages; Psychological
SALES..........................................................................................................................................................................
Commodatum
(2005)
.................................................................................................................................................
Applicable
Laws;
Labor
Contracts
(1991)
....................................................................................................................
16 91
Donations;
Formalities;
Mortis
Causa
(1990) ...............................................................................................................
with
Innocent
the
Purchaser
judges;
forin
Value
civil
(2001)
law
............................................................................................................................
countries,
the
Incapacity
(2002)
.........................................................................................
35
Parental Authority; Child under 7 years of age 7254
Assignment of Credit vs. Commodatum
Subrogation (1993) ...............................................................................................................
91
105
vs.
Usufruct
(1998)
Applicable
Laws;
laws
governing
marriages
(1992)
.....................................................................................................
17
classified
under
avs.topic
andSale
for
some
topics
which are
improperly
or Special
ignorantly
for72
the
Donations;
Formalities;
Mortis
Causa
(1998)
...............................................................................................................
54
Mirror
(1990)
.................................................................................................................................................
isPrinciple
primarily
reposed
on(1997)
the
lawmakers.
(2006)task
..................................................................................................
35 Parental
Authority;
Parentalphrased,
Authority; Liability
(
Conditional
Sale
Absolute
....................................................................................................................
91
.............................................................................................................................
105
Mutuum
vs. Commodatum
Applicable
Laws;
laws
governing
marriages
(2003)
.....................................................................................................
17
Donations;
Inter Forgery;
Vivos;
Acceptance
(1993) ..................................................................................................................
54
Mirror
Principle;
Innocenthowever,
Purchaser
(1999)
..................................................................................................
73
Contemporary
practices,
so
of Teachers
(2003)
.................................................................
35
Parental
Authority;
Substitute
vs.
Special
(2004)
Contract of
Sale vs. Agency to Sell (1999) ...................................................................................................................
91
(2004)
..............................................................................................................................
106 Mutuum; Interests
Applicable
Saletowards
of Real
Property
(1995).............................................................................................................
17
Donations;
Perfection
(1998)
.......................................................................................................................................
Notice
of Lis
Pendens
(1995)
.......................................................................................................................................
7354
indicate
aLaws;
trend
centralizing
that
.........................................................................................................
35
Paternity
& while
Filiationreviewing
(1999)
authors
are
Reviewees
have
prepared
this
work
for
the
Bar
Exams
Contract
ofjust
Sale;Bar
Marital
Community who
Property;
Formalities
(2006)
...............................................................................
91
(2001)
...........................................................................................................................................
106
Mutuum;
Applicable
Laws;
Succession;
Intestate
&
Testamentary
(2001)
...................................................................................
18
Donations;
Requisites;
Immovable
Property
................................................................................................................
55
Notice of Lis
Pendens;
Transfereegroups
Pendente Lite
73 92
function
professional
that(2002)
may..............................................................................................
..........................................................................................................................................
36 Paternity & Filiation; Artificial
Contract totoSell
(2001)
.................................................................................................................................................
Interests
(2002)
...........................................................................................................................................
106
Applicable
Laws;
Sucession
of assimilation
Aliens
(1995)
...............................................................................................................
18
Donations;
Unregistered;
Effects;
Non-Compliance;
Resolutory Condition (2006) .......................................................
Prescription
& Laches;
Elements
of
Laches
(2000)
......................................................................................................
7455
Insemination;
indeed,
Formalities
see
the
(2006)
gradual
...................................................................................
in
time
36
Paternity
&
Filiation;
Common-Law
Contract
to
Sell
vs.
Contract
of
Sale
(1997)
..................................................................................................................
92
Mutuum;
Interests
(2004)
...........................................................................................................................................
under
time
constraints
and Civil.
within
First
their
Edition
limited
Edited
knowledge
and Arranged
of 36
the
law.
by:&
We
would
likeLimitations;
to seek
the107
Applicable
Laws;
Wills
executed
abroad
(1993)
...........................................................................................................
18
DEPOSIT...................................................................................................................................................................
Donations;
Validity;
Effectivity;
for
Unborn
Child
(1999)
..............................................................................................
55
Prescription
& Laches;
Indefeasibility
Rule
of Torrens
Title-(2002)
..............................................................................
74
Unionof
(2004)
.........................................................................................................
Paternity
Filiation;
Proofs;
both
systems.
[Vitug,
Law
and
Contract
to Sell;
Acceptance;
Right oftheoretically
First Refusal (1991) .......................................................................................... 92
106
2.
In
Civil
Law,
the
statutes
Definition;
Cognovit;
Borrowing
Statute;
Characterization
(1994)
................................................................................
18
July
26, 2005
Compensation;
Bank
Loan
(1997)..............................................................................................................................
107
Donations;
with
Resolutory
Condition
(2003)
...............................................................................................................
56
Prescription
(1990)
......................................................................................................................................................
75
Adopted
Child
(1995)
...................................................................................
36
Paternity
&
Filiation;
Recognition
of
illegitimate
Jurisprudence,
p.
XX)
Double Sales (2001)..................................................................................................................................................... 92
take
precedence
decisions
Definition;
forum
non-conveniens;
statute (1994)
.........................................................................................
19
Deposit;
Exchange
(1992)..........................................................................................................................................
Atty. Janette
Laggui-Icao
and
Prescription;
Realover
Rights
(1992)
7556
Child
(2005)
.......................................................................................
37 this
Paternity
& Filiation; Rights of Legitimate Children (1990)
readers
indulgence
forcourt
a lot..................................................................................................................................
of long-arm
typographical
errors
in
work.
PROPERTY................................................................................................................................................................
Double
Sales (2004).....................................................................................................................................................
93
interpreting
Divorce;
effect
them;
of
divorce
while
granted
in
Common
to
former
Law,
Filipinos;
the
Renvoi
Doctrine
(1997)
.............................................................
19 107
107
Primary
Entry
Book; Acquisitive
Prescription;
Laches
(1998)
......................................................................................
76 56
...........................................................................................
37
Presumptive
SURETY....................................................................................................................................................................
Accretion;
Alluvion
(2001)
Atty.
Alex
Andrew
P. Legitime
Icao (1999)
Equitable
Mortgage
(1991)...........................................................................................................................................
..........................................................................................................................................
93
Domiciliary
theory
vs.
Nationality
Theory
(2004)
..........................................................................................................
19
court
decisions
resolving
specific
cases
are
Reclamation
of
Foreshore
Lands;
Limitations (2000)
...................................................................................................
.......................................................................................................................................
Recovery
ofAvulsion
Deficiency
(1997)
...................................................................................................................................
(Silliman
University College of Law) 38 Property Relations; Absolute 76 107
Accretion;
..........................................................................................................................................
Equitable Mortgage
vs.(2003)
Sale
(2005)
..............................................................................................................................
93
Forum
Nonlaw
Conveniens
&than
Lex(1994)
Loci
Contractus
19
regarded
as
rather
the.........................................................................................................................
statutes (2002).................................................................................................
Registration;
Deed
ofFaith
Mortgage
Community
(1994)
.........................................................................................................
38 Property Relations; Ante Nuptial 77 94
56
Builder;
Good
Immovable
Property;
Rescission
of Contract (2003) ....................................................................................................
ANTICHRESIS........................................................................................................................................................
107
Nationality
Theory
(2004)
.............................................................................................................................................
20
themselves
which
are,
at
the
start,
merely
Remedies;
Judicial
Confirmation;
Imperfect Title (1993) ..............................................................................................
77107
Agreement
(1995)
.....................................................................................................
39 Property Relations;57
Conjugal
Partnership
(1992)...........................................................................................................................................
Builder;
Good
Antichresis
(1995)
.....................................................................................................................................................
Maceda
Law
(2000)
......................................................................................................................................................
94
Latest
Edition
Edited
and
Arranged
by:
Naturalization
...................................................................................................................................................
embodiments
of(2003)
case
law. Civil
Law
is code
law
Remedies;
Judicial
Reconstitution
of Title
(1996)
........................................................................................................
77 20
of Gains
(1998)
...........................................................................................
39 Property Relations; Marriage Settlement;
Conjugal
Faith
vs.Law;
Bad
Faith
(1999)
.....................................................................................................................
57 Builder;
Maceda
Recto
Law
(1999)
....................................................................................................................................
95 108
PLEDGE
....................................................................................................................................................................
Theory;
significant
relationships
theory
(1994)
............................................................................................................
20
ROMUALDO
L.
SEERIS
II
or
written
law,
while
Common
Law
is
case
law.
Remedies;
Procedure;
Consulta
(1994)
........................................................................................................................
Partnership
Gains vs.
(2005)
39 Property Relations; Marriage Settlements (1991)
GoodofFaith
Bad..........................................................
Faith
(2000) .....................................................................................................................
5777 108
Option
Contract
(2002)
................................................................................................................................................
95
Pledge
(1994)
............................................................................................................................................................
Silliman
University
College
of
Law
Torts;
Period
(2004)
.................................................................................................................................
The Authors
Civil
LawPrescriptive
adopts
the
deductive
method
- from
Remedies;
Reconveyance
vs.
Reopening
ofAccession
a.......................................................................................................................
Decree;
Prescriptive
Period
(2003) ........................................................
.........................................................................................................
40 Property
Relations; Marriage Settlements (1995)78 21 95
Builder;
Good
Faith
vs.
Bad
Faith;
(2000)
Option
Contract;
Earnest
Money
(1993)
Pledge to
(2004)
............................................................................................................................................................
the
general
the particular,
while
the
Remedies;
Reconveyance;
Elements
(1995)Money
................................................................................................................
78 21
.........................................................................................................
4058
Property
Relations;
Obligations;
Benefit
of the
Family
ADOPTION.................................................................................................................................................................
...................................................................................................
Builder;
Good
Faith vs. Bad
Faith;
Presumption
Perfected
Sale;
Acceptance
of Earnest
(2002)Mortgage;
..................................................................................................
95
108
Pledge;
Antichresis
(1996)
Common
Law
uses
the
inductive
approach
Adoption;
Reconveyance;
Use
of
Surname
Prescriptive
of
her
Natural
Period
Mother
(1997)
.................................................................................................
(2006)
..............................................................................................
79
21
(2000) Remedies;
......................................................................................
41
Property
Relations;
Unions
without
Marriage
(1992)
(2001)................................................................................................
58 Chattel
Mortgage vs. Pledge (1999)
Redemption;
Legal; Formalities (2001) ........................................................................................................................
96
........................................................................................................................
108
QUASI-CONTRACT..............................................................................................................................................
from
the
particular
to
general.
Common
Remedies;
Inter-Country
Reopening
Adoption;
of athe
Decree;
Formalities
Elements
(2005)
(1992)..................................................................................................................
....................................................................................................
79 96 108
....................................................................................................
41 Property Relations; Unions
without
Marriage (1997)
.............................................................................................................................
58 Chattel
Mortgage;
Immovables
Redemption;
Legal;
Formalities
(2002)
........................................................................................................................
Quasi-Contracts;
Negotiorium
Gestio
(1992)
.............................................................................................................
109
Law
relies on equity.
CivilofLaw
anchors
itself...........................................................................................
21
Parental
Authority;
Rescission
Adoption
Torrens
vs. Recording
of Title................................................................................................................
(1994)
....................................................................................................
41 Property Relations;ofUnions59
without
Marriage
(2000) 80(1994)
(1994)..........................................................................................................................
Chattel
Mortgage;
Right ofSystem
First Refusal;
Lessee; Evidence
Effect
(1996)
96
Quasi-Contracts;
Negotiorium
Gestio
(1993)
.............................................................................................................
on
the
letter
of
the
law.
The
civilists
are
for
the
......................................................................................................
21
Qualification
Unregistered
(1991)Lessee;
............................................................................................................................................
8097
....................................................................................................
42
Immovables
(2003)..........................................................................................................................
59 of
Chattel Adopter
Right of FirstLand
Refusal;
Effect (1998) ................................................................................................................
CIVIL LAW
ARRANGED BY TOPIC
1990 2006)
From the ANSWERS TO BAR EXAMINATION QUESTIONS

by the UP LAW COMPLEX & Philippine Association of Law
109
Quasi-Contracts;
Negotiorium
Gestio22 Qualification
(1995)
judge-proof
law
even
as(1993)
the Common
Law Is
(2005)
....................................................................................................................................
of
SUCCESSION...........................................................................................................................................................
Mortgage;
Possession
..........................................................................................................................
60 42
CONTRACTS
............................................................................................................................................................
80
Schools
Right of
Repurchase
(1993)
.........................................................................................................................................
97
.............................................................................................................
109 Quasi-Contracts; Solutio Indebiti (2004)
judge-made
law. Civil Law judges are merely
Amount
of
Successional
Rights
(2004)
........................................................................................................................
Adopter;
Applicable
Law
(2001)Kinds
..........................................................................................................
22 Qualifications
Consensual
vs. RealPreference
Contracts;
Real
Contracts
(1998) ..................................................................................
80
Chattel Mortgage;
of
Creditors
(1995)
Transfer
of
Ownership;
Non-Payment
ofofthe
Price
(1991) .............................................................................................
97
....................................................................................................................
110
supposed
to
apply
laws
and
not
interpret
them.
42
Barrier
between
illegitimate
&
legitimate
relatives
(1993)
of
Adopter
(2000)
..................................................................................................................................
TORTS
&
DAMAGES
...........................................................................................................................................
Consideration;
Validity
........................................................................................................
60 Easement vs. Usufruct
Transfer
of Ownership;
Risk(2000)......................................................................................................................................
of Loss (1990) .................................................................................................................
97 22 110
.............................................................................................
42 Barrier between illegitimate 60
& legitimate
Collapse
of Structures;
Last
Clear Chance
(1990)......................................................................................................
110
Qualifications
Adopter
(2003)
..................................................................................................................................
80
Contract
of of
Option;
Elements
(1995)......................................................................................................................................
Easement;relatives
Effects;
LEASE..........................................................................................................................................................................
97
(1996)
.............................................................................................
43
Collation
(1993)
Damages
(1994).........................................................................................................................................................
23
Successional
Rights
of
Adopted
Child
(2004)
(2005)............................................................................................................................
81 Inexistent61Contracts
vs. 23
Discontinuous
Easements;
Permissive
Use
(2005)(1993)
........................................................................
Easement;
FAMILY
CODE..........................................................................................................................................................
Extinguishment;
Total
Distruction;
Leased
Property
.........................................................................................
97
111
...........................................................................................................................................................
Damages
from
Death
of
Unborn
Child
43 Disinheritance
..............................................................................................................
23
Annullable
Contracts
(2004)...................................................................................................
81 Nature
of61 (1991)
Nuisance;
Abatement
(2002)arising
......................................................................................................................
Emancipation
(1993)....................................................................................................................................................
23
Implied
New
Lease
.................................................................................................
vs. Preterition
(1993) (1999)............................................................................................................................................
............................................................................................................................
111
Damages
arising
from
Death
of
43
Unborn
Child
Contracts;
Obligatoriness
(1991)..................................................................................................................
81
Nature
Easements;
Classification
(1998).................................................................................................................................
Family
Code;
Retroactive
Application;
Vested
Rights
98
Lease (1999) ................................................................................................................................
of
Rural
(2000)
(2003)
.................................................................................................
111 Lands
Death
Indemnity
Disinheritance;
Ineffective
of
Contracts;
Privity
of
(1996) ............................................................................................................
82
62
Easements;
Right
of Contract
Way
(2000)........................................................................................
........................................................................................................................................
9824
Page
5
7
8
of
119
(1994)..............................................................................................................................................
111
43
Disinheritance;
Ineffective;
Preterition
(2000)
(1993).................................................................................................................................. 62 Easements; Right of
..............................................................................................................
44
Way (2000).................................................................................................................................. 62 Easements; Right
of Way; Inseparability (2001) ........................................................................................................... 62
cannot have the force of official precedents. It is as if the Court

were turning aside from the main topic of the case to collateral
subjects: a dissenting opinion affirms or overrules a claim, right or
obligation. It neither disposes nor awards anything it merely
expresses the view of the dissenter. (Civil Code, Paras]
3) A decision of a division of the Supreme

Court maybe set aside by the Supreme Court
sitting en banc, a Supreme Court decision may
be set aside by a contrary ruling of the
Supreme Court itself or by a corrective
legislative act of Congress, although said laws
cannot adversely affect those favored prior to
the Supreme Court decision.
[Civil Code,
Effectivity
Paras). of Laws (1990)
After a devastating storm causing widespread
destruction in four Central Luzon provinces,
the executive and legislative branches of the
government agreed to enact a special law
appropriating P1 billion for purposes of relief
and rehabilitation for the provinces. In view of
the urgent nature of the legislative enactment,
it is provided in its effectivity clause that it
shall take effect upon approval and after
completion of publication in the Official
Gazette and a newspaper of general circulation
in the Philippines. The law was passed by the
Congress on July 1, 1990. signed into law by
the President on July 3, 1990, and published in
(a)
As to the publication of said legislative
such newspaper of general circulation on July
enactment, is there sufficient observance or
7, 1990 and in the Official Gazette on July 10,
compliance with the requirements for a valid
1990.
(b)
When Explain
did the your
law take
effect?
publication?
answer.
(c)
executive branch start
ExplainCan
yourthe
answer.
releasing and disbursing funds appropriated
by the said law the day following its approval?
SUGGESTED
ANSWER:
Explain your
answer.
(a) Yes, there is sufficient compliance. The
law itself prescribes the requisites of
publication for its effectivity, and all requisites
have been complied with. (Article 2, Civil
(b)
The law takes effect upon compliance with
Code)
all the conditions for effectivity, and the last
condition was complied with on July 10, 1990.
Hence, the" law became effective on that date.
(c) No. It was not yet effective when it was
approved by Congress on July 1, 1990 and
approved by the President on July 3, 1990.
The other requisites for its effectivity were not
yet complete at the time.
Effect of Obiter & Dissenting Opinion; SC Decisions (1994)

2) What are the binding effects of an obiter
dictum and a dissenting opinion? 3) How can
a decision of the Supreme Court be set aside?
ALTERNATIVE ANSWERS:
2) None. Obiter dictum and opinions are not necessary to the
determination of a case. They are not binding and

but never against statutory law. (Toyota Motor Phil.
1. The
V civil action involves an issue similar or
CA SCRA 236 [1992]).
intimately
216
Ignorance of the Law vs. Mistake of Fact (1996)

Is there any difference in their legal effect
between ignorance of the law and ignorance or
SUGGESTED
mistake ofANSWER:
fact?
Yes, there is a difference. While ignorance of
the law is not an excuse for not complying
with it, ignorance of fact eliminates criminal
intent as long as there is no negligence (Art,
NCC). In addition, mistake on a doubtful or
difficult question of law may be the basis of
good faith (Art. 526. NCC). Mistake of fact
ALTERNATIVE
ANSWER:vitiate consent in a contract
may, furthermore,
Yes. ignorance of the law differs in legal effect
and make it voidable (Art. 1390. NCC).
from Ignorance or mistake of fact. The former
does not excuse a party from the legal
consequences of his conduct while the latter
does constitute an excuse and is a legal
Inferior
Courts Decisions (1994)
defense.
Are decisions of the Court of Appeals considered
laws?
1)
a) No, but decisions of the Court of
Appeals may serve as precedents for inferior
courts on points of law not covered by any
Supreme Court decision, and a ruling of the
Court of Appeals may become a doctrine.
(Miranda vs.. Imperial 77 Phil. 1066).
b) No. Decisions of the Court of Appeals

merely have persuasive, and therefore no
mandatory effect. However, a conclusion or
pronouncement which covers a point of law
still undecided may still serve as judicial guide
and it is possible that the same maybe raised
to the status of doctrine. If after it has been
subjected to test in the crucible of analysis,
the Supreme Court should find that it has
merits and qualities sufficient for its
Prejudicial
Questions
consideration
as (1997)
a rule of jurisprudence (Civil
In
the
context
Code, Paras). that the term is used in Civil Law, state
(a)
the concept, (b) requisites and (c)
consequences of a prejudicial question.
SUGGESTED ANSWER:
(a) Concept A prejudicial question is one

which must be decided first before a criminal
action may be instituted or may proceed
because a decision therein is vital to the
judgment in the criminal case. In the case of
People vs. Adelo Aragon (L5930, Feb. 17,
1954), the Supreme Court defined it as one
which arises in a case, the resolution of which

question is a logical antecedent of the issues
involved in said case and the cognizance of
which pertains to another tribunal (Paras, Vol.
(b)Civil. Code Annotation, 1989 ed. p, 194).
1,
1
The prejudicial question must be
Requisites
determinative of the case before the court.
2
Jurisdiction to try said question must be
lodged in another tribunal.
Equity follows the Law (2003)

It is said that equity follows the law What do
you understand by this phrase, and what are
its basic implications? 5%
SUGGESTED ANSWER:
Equity Follows the law means that courts

exercising equity jurisdiction are bound by
rules of law and have no arbitrary discretion to
disregard them. (Arsenal v IAC, 143 SCRA 40
[1986]). Equity is applied only in the absence
Page 10 of 119
of
spelling, visible to the eyes or obvious to

and
can be corrected or changed only by
understanding,
reference to other existing records. Provided,
however, that no correction must involve the
change of nationality, age, status or sex of the
petitioner.
Death; Effects; Simultaneous Death (1998)
Jaime, who is 65, and his son, Willy, who is 25,
died in a plane crash. There is no proof as to
who died first. Jaime's only surviving heir is
his wife, Julia, who is also Willy's mother.
Willy's surviving heirs are his mother, Julia
1.
Inhis
thewife,
settlement
and
Wilma.of Jaime's estate, can
Wilma successfully claim that her late
husband, Willy had a hereditary share since he
was much younger than his father and,
therefore, should be presumed to have
2.
Suppose
Jaime[3%]
had a life insurance policy
survived
longer?
with his wife, Julia, and his son, Willy, as the
beneficiaries. Can Wilma successfully claim
that one-half of the proceeds should belong to
Willy's estate? |2%J
absolute
the
community amounting to 1 Million Pesos.
related
to the issue raised in the criminal
His
2.
the and
resolution of such issue determines
action,
whether or not the criminal action may
proceed.
(c) Consequences The criminal case must be
suspended. Thus, in a criminal case for
damages to one's property, a civil action that
involves the ownership of said property should
first be resolved (De Leon vs. Mabanag. 38
Phil. 202)
PERSONS
Change of Name; Under RA 9048 (2006)

Zirxthoussous delos Santos filed a petition for
change of name with the Office of the Civil
Registrar of Mandaluyong City under the
administrative
proceeding
provided
in
Republic Act No. 9048. He alleged that his first
name sounds ridiculous and is extremely
difficult to spell and pronounce. After
complying with the requirements of the law,
the Civil Registrar granted his petition and
changed his first name Zirxthoussous to
Jesus
delos
Santos
moved now
to General
to
"Jesus."
His
full name
reads Santos
"JesusCity
delos
work
in
a
multi-national
company.
There,
he
fell
in
Santos."
love and married Mary Grace delos Santos. She

requested him to have his first name changed
because his new name "Jesus delos Santos" is the
same name as that of her father who abandoned her
family and became a notorious drug lord. She
wanted to forget him. Hence, Jesus filed another
petition with the Office of the Local Civil Registrar
to change his first name to "Roberto." He claimed
that the change is warranted because it will
Will
the petition
forofchange
of name
Jesus
eradicate
all vestiges
the infamy
of MaryofGrace's
delos
father. Santos to Roberto delos Santos under
Republic Act No. 9048 prosper? Explain. (10%)
No, under the law, Jesus

may only change his name once. In addition,
the petition for change of name may be denied
(1) the following
Jesus is neither
ridiculous, nor tainted
on
grounds:
with dishonor nor extremely difficult to write
(2)
There is no confusion to be avoided or
or pronounce.
created with the use of the registered first
name or nickname of the petitioner.
(3)
The petition involves the same entry in
the same document, which was previously
corrected or changed under this Order [Rules
and Regulations Implementing RA 9048].
SUGGESTED ANSWER:
What entries in the Civil Registry may be

changed or corrected without a judicial order?
SUGGESTED
ANSWER:
Only
clerical
or
(2.5%)
ADDITIONAL ANSWER:
typographical errors and first or nick names

may be changed or corrected without a judicial
order under RA 9048.
Clerical or typographical errors refer to
mistakes committed in the performance of
clerical work in writing, copying, transcribing
or typing an entry in the civil register. The
mistake is harmless and innocuous, such as
errors in
Juridical capacity, as distinguished from capacityconditions

to
detrimental to the moral well-being of their
wife, will,acting
children
therefore,
in theinherit
movies
O.25
is inMillion
violation
Pesos
of the
andFamily
his parents
Code will
and
the
is passive while the latter is active,
act: former
(a)
inherit laws.
Labor
0.25 Million
Thus, the
Pesos.
waiver
When
is invalid
Mrs. Cruz
and not
died,
binding.
she was
(b) the former is inherent in a person while
succeeded by her parents as her intestate heirs. They will inherit all
the latter is merely acquired, (c) the former is
of her estate consisting of her 0.5 Million half share in the absolute
lost only through death while the latter may
community and her 0.25 Million inheritance from her husband, or a
total
0.750 Million
Pesos.
TheofChild
Labor
Law is a mandatory and
be lost through death or restricted by causes
prohibitory law and the rights of the child
other than death, and Id) the former can exist
cannot be waived as it is contrary to law and
without capacity to act while the latter cannot
Juridical
Capacity;juridical
Natural Persons
(1999)
public policy.
exist without
capacity.
In sum, the parents of Mr. Cruz will inherit
Elated that her sister who had been married
250,000 Pesos while the parents of Mrs. Cruz
for five years was pregnant for the first time,
will inherit 750,000 Pesos.
Alma donated P100,000.00 to the unborn
(b) This being a case of succession, in the
child. Unfortunately, the baby died one hour
Appilicable
laws governing
contracts
absence Laws;
of proof
as to the
time(1992)
of death of
after delivery. May Alma recover the
X
andof
Y entered
into aitcontract
in Australia,
each
the spouses,
is presumed
they died
P100.000.00 that she had donated to said
whereby
it was
agreed
X would build
a
at the same
time
and nothat
transmission
of rights
baby before it was born considering that the
SUGGESTED ANSWER:
commercial
in the Philippines,
from one to building
the otherfor
is Y
deemed
to have taken
baby died? Stated otherwise, is the donation
The donation is valid and binding, being an act
and
in payment
foreach
the construction,
Y will to
place.
Therefore,
of them is deemed
valid and binding? Explain. (5%)
favorable to the unborn child, but only if the
transfer
convey
hisatcattle
ranch located
in
have an and
estate
valued
P500,000,00,
or onebaby had an intra-uterine life of not less than
the
States
in favor
of X. What
halfUnited
of their
conjugal
property
of P1law
million.
seven months and pro-vided there was due
would
govern: a) parents
The validity
theinherit
contract?
Their respective
will of
thus
the
acceptance of the donation by the proper
b)
The performance
the contract?
c) The of
entire
P1 Millionof in
equal shares,
SUGGESTED
ANSWER:
Death;
Effects; Simultaneous
(2000)
person representing
said child. If the child had
consideration
of the
P500,000.00
per
set contract?
of Death
parents.
1.
Wilma
claimlife,
that
SUGGESTED
ANSWER:
b) Cristy and
her late husband Luis had two
lessNo,
than
sevencannot
monthssuccessfully
of intra-uterine
it
(a)
The validity
thePatrick,
contract
willsummer,
be
Willy
a hereditary
in less
his father's
children,
Rose of
and
One
her
is not had
deemed
born sinceshare
it died
than 24
governed
by
Australian
law,
because
estate.
Under
Art.
43,
Civil
Code,
two
persons
mother-in-law, aged 70, took the twothe
children,
hours following its delivery, in which ease the
ALTERNATIVE
ANSWER:to succeed each other" are
validity
refers
to the
the
making
"who
are never
called
then aged
10 and
12,element
with herofon
a boat
tripofto
donation
became effective since the
Even
if
the
baby
had
anatintra-uterine
life in
of
(Optional
Addendum:"...
unless
the
parties
the
contract
in
this
case.
presumed
to
have
died
the
same
time,
Cebu. Unfortunately, the vessel sank en route,
donee never became a person, birth being
more
than seven
months
and
the donation
was
agreed to be bound by another law".}
the
absence
ofofproof
as to
which
of them died
and the bodies of the three were never found.
determinative
personality.
properly
accepted,
it
would
be
void
for
not
first. This presumption of simultaneous death
None of the survivors ever saw them on the
having
with the the
proper
form. In
applies conformed
in cases involving
question
of
water.
the settlement
of her mother-in(b)
The On
performance
will be governed
by the
SUGGESTED
order
to beANSWER:
valid,
the donation
succession
as
between
the twoand
whoacceptance
died, who
law's
estate,
Cristy
files
a
claim
for a share
law
of
the
Philippines
where
the
contract
is toof
2.
Yet,
Wilma
can
invoke
the
presumption
of
of
personal
property
exceeding
fivefather
thousand
in this
case are
mutual
heirs, being
and
her
estate
on
the
ground
that
the
same
was
(c) performed.
The consideration will be governed by
be
survivorship
andin claim
that
one-half
pesos
should be
writing.
(Article
748, of
par.the
3)
son.
inherited
by
her
children
from
their
Waiver
of Rights
(2004) belong to Willy's estate,
United
the
law States
of ANSWER:
the where the ranch is located.
proceeds
should
SUGGESTED
grandmother
in will
representation
of Since
their father,
(Optional
Innot
the prosper.
foregoing
cases,
when
B.
DON,
an 3American
secured
under
Sec.
(jj) par. 5businessman,
Rule 131, Rules
of
No,
her Addendum:
action
there
and
she
inherited
the
same
from
Will
the
foreign
law
would
apply,
the
absence
of
proof
of
parental
consent
for the employment
of five was no proof as to who died first, allthem.
Court, as
the dispute
does not involve
the
three
her
action
prosper?
(2%)
that
foreign
law
would
render
Philippine
law
minors
to
play
certain
roles
in
two
movies
he
succession. Under this presumption, the
are deemed to have died at the same time and
applicable under the "eclectic theory".)
was
producing
at ages
home
in and
Makati.
They
person
between the
of 15
60 years
is
there was no transmission of rights from one
ALTERNATIVE
ANSWER:
worked
at
odd
hours
of
the
day
and
night,
but
deemed to have survived one whose age was
to another,
applying
of the New
Applicable
Laws;
Artswill
15, 16
&Article
17
(1998)43 Under
No,
her
action
not
prosper.
Article
always
accompanied
by
parents
or
other
over 60 at the time of their deaths. The estate
Civil Code.
Juan
is
a
Filipino
citizen
residing
in
of the New Civil Code, inasmuchTokyo,
as there is
adults.
producer
paid
the children
talent 43
of Willy The
endowed
with
juridical
personality
Japan.
State
what
laws
govern:
Death;
Effects;
Death
(1999)
But
a
social
worker,
DEB,
reported
to OSWD
no proof
as to
who
died
first, all the three are
fees
at
rates
better
than
adult
wages.
stands
in Simultaneous
place
and
stead
of Willy,
as
1
His
capacity
to
contract
marriage in
Mr.
that
and
these
Mrs.children
Cruz, who
often
are childless,
missed going
met with
to
presumed to have died at the same time and
beneficiary.
Japan,
[
1%]
a seriousThey
school.
motorsometimes
vehicle accident
drankwith
wine,
Mr. aside
Cruz
there could be no transmission of rights among
2
His successional rights as regards his
at thebeing
from
wheelexposed
and Mrs.
to Cruz
drugs.
seated
In some
beside
scenes,
him,
them. Her children not having inherited from
deceased
Filipino father's property in Texas,
resulting
they
were
in the
filmed
instant
naked
death or
of Mr.
in Cruz.
revealing
Mrs.
their grandmother. Cristy has no right to share
U.S.A.
[1%]
Cruz was still
costumes.
In his
alive
defense,
when help
DON came
contended
but she
all
in her mother-inlaw's estate. She cannot share
3
The extrinsic validity of the last will
also died
these
were
on part
the way
of artistic
to the freedom
hospital. The
and
in her own right as she is not a legal heir of her
and
testament
which Juan executed while
couple acquired
cultural
creativity.
properties
Noneworth
of the
One parents
Million
mother-in-law. The survivorship provision of
sojourning
in
Switzerland.
[2%]
(P1 ,000,000.00)
complained,
said Pesos
DON.during
He their
also said
marriage,
they
Rule 131 of the Rules of Court does not apply
4
The
intrinsic
validity
of said will. (1%)
which are
signed
a contract
being claimed
containing
by the
a parents
waiver of
of their
both
to the problem. It applies only to those cases
Juridical
Capacity
vs.
Capacity
to
Act
(1996)
(b) Suppose
in
the
preceding
spouses
right
to in
fileequal
any
shares.
complaint
Is the
inquestion,
any
claimoffice
of both
both
or
where the issue involved is not succession.
Is
the
waiver
valid
and
binding?
Why
or
why
Distinguish
juridical
capacity
from capacity to act,
Mr. and
Mrs. Cruz
were
already
dead when
sets
tribunal
of parents
concerning
valid and
the working
why?
(3%)
conditions
of
SUGGESTED ANSWER:
not?
Explain.
(5%)
help
came,
so
that
no-body
could
say
who
died
their children acting in the movies.
JURIDICAL CAPACITY is the fitness to be the
SUGGESTED
ANSWER:
ahead of the
other, would your answer be the
The waiver is not valid. Although the contracting parties may
subject of legal relations while CAPACITY TO
same
the
question
as to
who
entitled
establishto
such
stipulations,
clauses,
terms
andare
conditions
as theyto
ACT is the power or to do acts with legal
SUGGESTED
ANSWER:
the deem
properties
ofthey
themay
deceased
(2%)to
may
convenient,
not do so if couple?
such are contrary
(a) No, the claim of both parents is not valid. When Mr. Cruz died,
effect. The former is inherent in every natural
law, morals, good customs, public order, or public policy (Article
he was succeeded by his wife and his parents as his intestate heirs
1306, Civil Code). The parents' waiver to file a complaint concerning
person and is lost only through death while
who will share his estate equally. His estate was 0.5 Million pesos
the working
the latter is merely acquired and may be lost
which is his half share in the
ALTERNATIVE
even beforeANSWER;
death (Art. 37, NCC).
CONFLICT OF LAWS
father was a Filipino citizen, Philippine law governs

successional rights.
(2). With respect to Felipe the divorce is valid,
Juan's
but with respect to Felisa it is not. The divorce
ANOTHER ANSWER:
will not capacitate Felisa to remarry because
2. Juan's successional rights are governed by
she and Felipe were both Filipinos at the time
Philippine law, pursuant to Article 1039 and
of their marriage. However, in DOJ Opinion
the second paragraph of Article 16, both of the
No. 134 series of 1993, Felisa is allowed to
Civil Code. Article 1039, Civil Code, provides
remarry because the injustice sought to be
that capacity to succeed shall be governed by
corrected by Article 26 also obtains in her
SUGGESTED ANSWER:
the "law of the nation" of the decedent, i.e.. his
case.
B. The foreigner who executes his will in the
national law. Article 16 provides in paragraph
Philippines may observed the formalities
two that the amount of successional rights,
1.
The Lawin:
of the country of which he is a
described
order of succession, and intrinsic validity of
citizen
under
Article 817 of the New Civil
testamentary succession shall be governed by
2.
the
law
of
the
Philippines being the law of
Code,
or
the "national law" of the decedent who is
SUGGESTED ANSWER:
the
place
of
execution
under Article 17 of the
identified
as a Filipino
inof
the
present
3.
The extrinsic
validity
Juan's
willproblem.
is
New Civil Code.
governed by (a) Swiss law, it being the law
where the will was made (Art. 17. 1st par.
Civil Code), or (b) Philippine law, by
implication from the provisions of Art. 816,
Civil Code, which allows even an alien who is
abroad to make a will in conformity with our
SUGGESTED
Civil
Code.ANSWER:
4. The intrinsic validity of his will is governed
by Philippine law, it being his national law.
(Art. 16, Civil Code)
Applicable Laws; Arts 15, 16, 17 (2002)
Felipe and Felisa, both Filipino citizens, were
married in Malolos, Bulacan on June 1, 1950.
In 1960 Felipe went to the United States,
becoming a U.S. citizen in 1975. In 1980 they
obtained a divorce from Felisa, who was duly
notified of the proceedings. The divorce decree
became final under California Law. Coming
back to the Philippines in 1982, Felipe married
Sagundina, a Filipino Citizen. In 2001, Filipe,
then domiciled in Los Angeles, California, died,
leaving one child by Felisa, and another one by
Sagundina. He left a will which he left his
estate to Sagundina and his two children and
nothing to Felisa. Sagundina files a petition for
the probate of Felipes will. Felisa questions
the intrinsic validity of the will, arguing that
her
to Felipe
subsisted
despite
A. Ismarriage
the divorce
secured
by Felipe
in the
divorce
obtained
by
Felipe
because
said
California recognizable and valid in the
divorce
is notHow
recognized
in theFelipes
Philippines.
Philippines?
does it affect
For
this
reason,
she
claims
that
the
B.
What
law
governs
the
formalities
of the
marriage to Felisa? Explain. (2%). properties
and
Sagundina
will?that
Explain.
(1%) has no successional rights.
C. Will Philippine law govern the intrinsic
validity
of the will? Explain. (2%)
SUGGESTED ANSWER:
A. (1.) The divorce secured by Felipe in

California is recognizable and valid in the
Philippines because he was no longer a
Filipino at that time he secured it, Aliens may
obtain divorces abroad which may be
recognized in the Philippines provided that
they are valid according to their national law
(Van Dorn V. Romillo, Jr., 139 SCRA 139
[1985]; Quita v. Court of Appeals, 300 SCRA
406 [1998]; Llorente v. Court of Appeals, 345
SCRA 595 [2000] ).
SUGGESTED ANSWER:
1.
Juan's capacity to contract marriage
is governed by Philippine law -i.e., the Family
Code -pursuant to Art. 15, Civil Code, which
provides that our laws relating to, among
others, legal capacity of persons are binding
upon citizens of the Philippines even though
SUGGESTED
ANSWER:
living abroad.
2. By way of exception to the general rule of
lex rei sitae prescribed by the first paragraph
of Art. 16. Civil Code, a person's successional
rights are governed by the national law of the
of 119
decedent (2nd par.. Art. 16).Page
Since13
Juan's
deceased
persons is governed by the law of his nationality,

concerning
transactions involving property is
capacity
an exception. Under Article 16 of the NCC the
capacity of persons in transactions involving
ANOTHER ANSWER:
title to property is governed by the law of the
1.
Article 17 of the Civil Code provides that country where the property is situated. Since
the forms and solemnities of contracts, wills the property is in the Philippines, Philippine
and other public instruments shall be governed law governs the capacity of the seller.
by the laws of the country in which they are Applicable Laws; capacity to succeed (1991)
executed.
Jacob, a Swiss national, married Lourdes, a
Since the contract of employment was
Filipina, in Berne, Switzerland. Three years
executed in Manila, Philippine law should
later, the couple decided to reside in the
govern. Being over 18 years old and no longer
Philippines. Jacob subsequently acquired
a minor according to Philippine Law, Francis
several properties in the Philippines with the
Albert can be sued. Thus, the suit of ABC
money he inherited from his parents. Forty
SUGGESTED
ANSWER:
Corporation
against him for damages will
years later. Jacob died intestate, and is
2.
XYZ Corporation, having enticed Francis
prosper.
survived by several legitimate children and
Albert to break his contract with the plaintiff,
SUGGESTED ANSWER:
duly
recognized
illegitimate
daughter Jane,
all
C.
Philippine
law
will not
intrinsic
may be held liable for damages under Art.
(a)
Suppose
that
Swiss
law govern
does notthe
allow
residing
in
the
Philippines.
ALTERNATIVE
ANSWER:
validity
of the
will. Article
16 of
the
New
Civil
1314, Civil Code.
illegitimate
children
to inherit,
can
Jane,
who
2. The basis of liability of XYZ Corporation would be
Code
provides
that
intrinsic
validity
is a recognized illegitimate child, inherit part of
Article 28 of the Civil Code which states that:
testamentary
provisions
shall
governed
by
(b)
Assuming
that
a
will
of the
properties
ofJacob
Jacobexecuted
underbe
Philippine
"Unfair competition in agricultural,
the
National
Law
of
the
person
whose
leaving
certain properties to Jane as her
law?
commercial, or industrial enterprises or in
succession
is under consideration.
legitime in accordance
with the law ofCalifornia
labor through the use of force, intimidation,
law
will
govern
the
intrinsic
of the will.
succession in the Philippines,validity
will such
deceit, machination or any other unjust,
Applicable Laws; Capacity to Act (1998)
testamentary disposition be valid?
oppressive or highhanded method shall give
Francis Albert, a citizen and resident of New
rise to a right of action by the person who
Jersey, U.S.A., under whose law he was still a
ANOTHER
ANSWER:
thereby suffers
damage."
minor, being only 20 years of age, was hired by
2. No liability arises. The statement of the
ABC Corporation of Manila to serve for two
problem does not in any way suggest intent,
years as its chief computer programmer. But
malice, or even knowledge, on the part of XYZ
after serving for only four months, he resigned
Corporation as to the contractual relations
to join XYZ Corporation, which enticed him by
between Albert and ABC Corporation.
offering more advantageous terms. His first
Applicable Laws; Capacity to Buy Land (1995)
employer sues him in Manila for damages
3. What law governs the capacity of the
arising from the breach of his contract of
Filipino to buy the land? Explain your answer
employment. He sets up his minority as a
SUGGESTED
ANSWER:
and give its
legal basis.
defense and asks for annulment of the contract
Philippine law governs the capacity of the
on that ground. The plaintiff disputes this by
Filipino to buy the land. In addition to the
alleging that since the contract was executed
principle of lex rei sitae given above. Article
1
Will the suit prosper? [3%]
in the Philippines under whose law the age of
15 of the NCC specifically provides that
2
Suppose XYZ Corporation is
majority is 18 years, he was no longer a minor
Philippine laws relating to legal capacity of
impleaded as a codefendant, what would be
at the time of perfection of the contract.
persons are binding upon citizens of the
the basis of its liability, if any? [2%]
Philippines no matter where they are.
SUGGESTED ANSWER:
Applicable Laws; Capacity to Contract (1995)
1. The suit will not prosper under Article 15,
2. What law governs the capacity of the
Civil Code, New Jersey law governs Francis
Japanese to sell the land? Explain your answer
Albert's capacity to act, being his personal law
SUGGESTED
ANSWER:
and give its
legal basis.
from the standpoint of both his nationality and
Japanese law governs the capacity of the
his domicile. He was, therefore, a minor at the
Japanese to sell the land being his personal
ALTERNATIVE
ANSWER:
time he entered
into the contract.
law on the basis of an interpretation of Art.
1. The suit will not prosper. Being a U.S.
ALTERNATIVE
15,
NCC. ANSWERS;
national, Albert's capacity to enter into a
a) Since capacity to contract is governed by
contract is determined by the law of the State
the personal law of an individual, the Japanese
of which he is a national, under which he to
seller's capacity should be governed either by
still a minor. This is in connection with Article
his national law (Japanese law) or by the law
15 of the Civil Code which embodies the said
of his domicile, depending upon whether
nationality principle of lex patriae. While this
Japan follows the nationality or domiciliary
principle intended to apply to Filipino citizens
theory of personal law for its citizens.
under that provision, the Supreme Court in
b) Philippine law governs the capacity of the
Recto v. Harden is of the view that the status
Japanese owner in selling the land. While as a
or capacity of foreigners is to be determined
general rule capacity of
on the basis of the same provision or principle,
i.e., by U.S. law in the present problem.
Plaintiffs argument does not hold true,
because status or capacity is not determined
by lex loci contractus but by lex patriae.
CIVILCIVIL
LAWLAW
Answers
Answers
to thetoBAR
the BAR
as Arranged
as Arranged
by Topics
by Topics
(Year(Year
1990-2006)
1990-2006)
that
"Prohibitive
public policy,
laws
theconcerning
applicationpersons,
shall be disregarded
their Court of Appeals (G.R No. 104235, Nov. 10, 1993) the
our
Courts.
(Cadalin and
v. POEA.
SCRA
byacts
or property,
those238
which
have for Supreme Court applied Philippine law in
ALTERNATIVE
ANSWERS;
762)
their object
public order, public policy and recovery of damages for breach of contract of
a) good
Their claim
is not shall
correct.not
Assuming
that
carriage for the reason that it is the law of the
customs
be rendered
theineffective
second contract
is
binding
under
by
laws
or
judgments place where the contract was executed.
Hongkong
law, such
contract is invalidor ALTERNATIVE ANSWER:
promulgated,
or second
by determinations
If the violation of the contract was attended
under
Philippine
law
which
recognizes
valid
conventions agreed upon in a as
foreign
only
the first a
contract.
Sinceconflict
the case
being
Accordingly,
state's own
ofislaws
rule with bad faith, there is a ground to recover
country."
litigated
in the Philippines,
the Philippine
may,
exceptionally
be inapplicable,
given public moral damages. But since there was a federal
regulation which was the basis of the act
Court as
the forum will
anyforum.
foreign
policy
considerations
bynot
theenforce
law of the
complained of, the airline cannot be in bad
claim obnoxious to the forum's public policy.
faith. Hence, only actual damages can be
Going
the public
specific
provisions
There isinto
a strong
policy
enshrinedofin the
recovered. The same is true with regards to
contract
in question,
I would
rule as
our Constitution
on the
protection
of follows:
labor.
Laws;
Labor Contracts (1991)
1
The the
duration
of contract
the contract
not opposedApplicable
to
exemplary
damages.
Therefore,
second
shallisbe
b)
No,
their
claim
is
not
correct.
The
second
A.
The
Japan
Air Lines (JAL), a foreigner
Philippine
law
and
it first
can therefore
be valid
disregarded
and
the
contract will
be as
contract
executed
in
Hongkong,
partakes
of
the
corporation
licensed
to do business in the
stipulated;
enforced. (Cadalin v. POEA, 238 SCRA 762).
nature The
of a second
waiver that
is contrary
Philippine
Philippines, executed in Manila a contract of
2
provision
to the to
effect
that
law and the public
policy governing
employment with Maritess Guapa under which
notwithstanding
duration,
Japan Air Filipino
Lines (JAL) may
overseas workers.
Art. 17, provides
our
the latter was hired as a stewardess on the
terminate
her employment
is invalid,that
being
prohibitive laws
persons, their acts, aircraft flying the Manila-Japan-Manila route.
inconsistent
withconcerning
our Labor laws;
or theirThat
property
or which
have
their object
The contrast specifically provides that (1) the
3
the contract
shall
befor
construed
as
public
order,
public
policy
and
good
customs
governed under and by the laws of Japan
and only duration of the contract shall be two (2) years,
shallcourts
not beofrendered
ineffective
by laws
or
(2) notwithstanding the above duration, JAL
the
Tokyo, Japan
shall have
jurisdiction,
is
conventions
agreed
upon
in
a
foreign
country.
invalid as clearly opposed to the aforecited third may terminate the agreement at any time by
Besides, Alma's
consent
to1700
the second
contract
paragraph
of Arts.
17 and
of the Civil
Code, giving her notice in writing ten (10) days in
SUGGESTED
was
vitiated
by
undue
influence,
being
virtually
advance, ANSWER:
and (3) the contract shall be
which provides:
A.
Yes. As stated
in the problem.
Swiss
lawlaws
helpless and under financial distress in a
construed
as governed
under and
by the
does
not
allow
illegitimate
children
to
inherit
foreign country, as indicated by the given fact
of Japan and only the court in Tokyo, Japan
JAL
dismissed
Maritess
on the
fourth
month
of
Hence,
Jane the
cannot
inherit
theto
property
of any
that she signed because she had no choice.
shall have
jurisdiction
consider
her
employment
without
giving
her
due
notice.
Jacob
under
Philippine
law.
Therefore, the defendants claim that the
matter
arising
from or relating
to the contract.
SUGGESTEDthen
ANSWER:
Maritess
filed a complaint with the Labor
contract is valid under Hongkong law should
B.
The
testamentary
disposition
will not
be
Arbiter for reinstatement, backwages
and
be rejected since under the DOCTRINE OF
valid
if
it
would
contravene
Swill
law;
damages. The lawyer of JAL contends that
PROCESSUAL
PRESUMPTION
a foreign law is
otherwise,
disposition
would
valid.
Applicable Laws; Contracts
of Carriage (1995)
neither thethe
Labor
Arbiter nor
anybe
other
agency
deemed
similar or
identical
to purchased
Philippine law
Unless
the
Swiss
law
is
proved,
it
would
beover
On 8 December
1991
Vanessa
fromin
or court in the Philippines has jurisdiction
the
of proof
to the contrary,
andticket
such
presumed
to
be
the
same
as
that
of
Philippine
the absence
Manila office
of Euro-Aire
an airline
the case in view of the above provision (3) of
is
in the
problem
been law under the Doctrine of Processual
fornot
its mentioned
Flight No. 710
from
Dallasas
tohaving
Chicago
the contract which Maritess voluntarily signed.
adduced.
Applicable
Laws; contracts contrary to public policy (1996)
Presumption.
on 16 January 1992. Her flight reservation was
The contract is the law between her and JAL.
Alma
was
hired as a domestic helper in
confirmed. On her scheduled departure
Decide the issue.
Hongkong
by the Dragon
Services,
Ltd., rule
B.
Where
under
a State's
own conflicts
Vanessa checked in on time at the Dallas
through
its
local
agent.
She
executed
a should
that
domestic
law
of
another
State
airport. However, at the check-in counter she
standard
employment
contract
designed
by
apply,
may
the
courts
of
the
former
discovered that she was waitlisted with some
the
Philippine
Overseas
Workers
nevertheless
refuse
to
apply
the
latter?
If so,
other passengers because of intentional
SUGGESTED
ANSWER:
Administration
(POEA)
for
overseas
Filipino
under
what
circumstance?
overbooking, a Euro-Aire policy and practice.
workers. It provided for her employment for
Euro-Alre admitted that Vanessa was not
A,
Legislations
generally intended
oneLabor
year at
a salary ofare
US$1,000.00
a month. as
advised of such policy when she purchased her
expressions
of to
public
policy on
employerVanessa
sued
Euro-Aire
in
Manila
for
breach
of
It
was
submitted
and
approved
by
the
plane ticket. Vanessa was only able to fly two
employee
relations.
The
contract
therefore,
contract
and
damages.
Euro-Aire
claimed
that
POEA.
However,
when
she
arrived
in
days later by taking another airline.
between
Japan
Air asked
Lines to(JAL)
Maritess
it cannot be held liable for damages because
Hongkong,
she was
sign and
another
may
apply
only
to
the
extent
that
its
provisions
its practice of overbooking passengers was
contract by Dragon Services, Ltd. which
are
not inconsistent
laws
allowed by the U.S. Code of Federal
reduced
her salary towith
onlyPhilippine
US$600.00labor
a
intended
particularly
to
protect
employees.
Regulations. Vanessa on the other hand
month. Having no other choice, Alma signed
Under the circumstances, the dismissal of
contended that assuming that the U.S. Code of
the contract but when she returned to the
Maritess without complying with Philippine
Federal Regulations allowed Intentional
Philippines,
she demanded payment of the
SUGGESTED
Labor
law ANSWER:
would be invalid and any stipulation
overbooking, the airline company cannot
salaryclaim
differential
of US$400.00
a month.
Both
Their
is
nottocorrect.
A contract
is the
law
in the contract
the contrary
is considered
invoke the U.S. Code on the ground that the
Dragon Services,
Ltd.
and
itslaw
local
agent
between
the
parties
but
the
can
disregard
void. Since the law of the forum in this case is
ticket was purchased in Manila, hence,
claimed
that if
the
second
contract
is valid
under
the
it is
contrary
public
policy.
SUGGESTED ANSWER:
the contract
Philippine
law
the to
issues
should-be
Philippine
law
shoulddamages
apply, under
which
the
laws
of Hongkong,
and Constitution
therefore binding
The
provisions
of
the
1987
on
Vanessa can
recover
under
Philippine
resolved in accordance with Philippine law.the
Vanessa
can recover
damages
for breach of
on
Alma.
Isof
their
claim
Explain.
protection
labor
and correct?
on
justice
B.
The
third
paragraph
of social
Art. 17
of the(Sec.
Civil
law for breach
of contract
of carriage,
contract
of
carriage.
Decide.
Discuss
fully.
10. Art
II) embody
Code
provides
that:a public policy of the
Philippine law should govern as the law of the
Philippines. Since the application of Hongkong
place where the plane tickets were bought and
law in this case is in violation of
the contract of carriage was executed. In
Zalamea v.
CIVILCIVIL
LAWLAW
Answers
Answers
to thetoBAR
the BAR
as Arranged
as Arranged
by Topics
by Topics
(Year(Year
1990-2006)
1990-2006)
Definition;
forum
statute (1994)
Under Art.
16non-conveniens;
par. 1, NCC,long-arm
real property
is subject
Maris
3.to
The then
distribution
returned
ofto
the
the
personal
Philippines
properties
and in in
a
law
of theis country
whereofit Forum
is situated.
shall
be governed
by French
law.City
The legal
1)
the doctrine
non Since
theWhat
Germany
civil
ceremony
celebrated
in Cebu
the property 2)
is What
situated
the Philippines,
basis
is Art.
conveniens?
is ain "long
arm
according
to16,
theNCC).
formalities of Philippine law,
SUGGESTED
Philippine ANSWER:
law applies. The rule of lex rei sitae
statute"?
she married her former classmate Vincent
1)
a) FORUM
NON
is ina
Applicable
Wills executed
(1993)
in Article
16 prevails
overCONVENIENS
lex loci contractu
likewise Laws;
a Filipino
citizen.abroad
a) Was
the marriage
principle
in
Private
International
Law
that
ALTERNATIVE
ANSWER:
A,
a
Filipino,
executed
a
will
in
Kuwait
while Is
Article 17 of the NCC.
of Maris and Johnson valid when
celebrated?
Afghanistan
lawof justice
governsstrongly
the indicate
formal
where the ends
there
as
a
contract
worker.
Assume
that
their marriage still validly existing now? under
requirements
of themay
contract
since
the
SUGGESTED
that the controversy
be more
suitably
the
laws ofANSWER:
Kuwait, it is enough that the
Reasons.
(a)
The affix
marriage
of Mansto and
Johnson of
was
execution
is in Afghanistan.
Art. 17 of
the Civil
tried elsewhere,
then jurisdiction
should
be
testator
his signature
the presence
valid
when
celebrated
because
all
marriages
Code provides
that
the forms
and solemnities
declined
and the
parties
relegated
to relief to
two witnesses and that the will need not be
solemnized
outside
Philippines
in
of
contracts,
other(Moreno.
public
be
sought in wills,
anotherandforum.
acknowledged
beforethe
a notary
public.(Tokyo)
May the
b)
Where in
a broad
ends
of laws
justice
SUGGESTED
ANSWER:
accordance
with
the
laws
in
force
in
the
instruments
shall
be sense
governed
by1982
the
of
Philippine
Law
Dictionary,
p.the
254,
ed.).
will be probated in the Philippines?
Yes.
Under
Articles
17 of the
Civil
strongly
indicate
the they
controversy
may be
country
where
they 815
are and
solemnized
(Japan),
the country
in that
which
are executed.
Code,
the
formality
of
the
execution
of
a
will
is
more
suitably
tried
elsewhere,
then
and valid there as such, are also valid in the
However, if the contract was executed before
Their
marriage
no
longer
validly
subsists,
governed
by
the
law
of
the
place
of
execution.
jurisdiction
should
be
declined
and
the
parties
Philippines.
the diplomatic or consular officials of the
Applicable
Succession;
Testamentary
because
it has
dissolved
absolute
If
the will
was been
executed
with by
thethe
formalities
relegated
to the
relief
to beIntestate
sought
in
another
Republic Laws;
of
Philippines
in &Afghanistan,
(2001)
divorce
validly
obtained
by
Johnson
which
prescribed
by
the
laws
of
Kuwait
and
valid
forum.
(Handbook
on
Private
International
Philippine law shall apply.
c)
FORUM
NON
CONVENIENS
simply
Alex
was
born
a Filipino
but wasmeans
a naturalized
capacitated
Maris
remarry
(Art.
26.may
Family
there
as such,
thetowill
is valid
and
be
Law,
Aruego).
Definition;
Cognovit;
Borrowing
Statute;
that
a court
mayatresist
imposition
upon its
Canadian
citizen
the time
of his death
on
Code).
probated
in the
Philippines.
Applicable Laws; laws governing marriages (2003)
Characterization(1994)
jurisdiction
when
jurisdiction
is
December 25, even
1998. He
left behind
a last will
Gene
and Jane,
Filipino, Law
met (Conflict
and got married
in
In
Private
International
of
authorized
by in
thewhich
letterheofbequeathed
a general venue
and testament
all his
England
while
were 2)taking
up postLaws)
what
is: 1}both
Cognovit?
A
statute.
(Salonga.
Law.the
p,
properties,
real Private
and International
personal, in
d)
Forum
nonhisconveniens
is aillegitimate
doctrine
graduate courses
there.
A few years after their
borrowing
statute?
3) Characterization?
51.
1967
ed.)to
Philippines
acknowledged
whereby
court of law
full to
Jurisdiction
graduation, they decided to annul their
Fillpina a
daughter
andhaving
nothing
his two
SUGGESTED
over
a case
brought
in The
a proper
venue the
or
marriage. ANSWER:
Jane filed an action to annul her
legitimate
Filipino
sons.
sons sought
1)
a) COGNOVIT
is a
confession
of judgment
district
declines
to
determine
the
case
on
its
"Art.
1700.
The
relations
between
marriage
to Gene in
England
on the
ground of
annulment of the last will and testament on
whereby
a
portion
of
the
complaint
isof
merits
because
Justice
would
be
better
served
capital
and
labor
are
not
merely
latters
sterility,
a
ground
for
annulment
the ground that it deprived them of their
SUGGESTED
ANSWER:
confessed
by
the
defendant
who
denies
the
by
thecontractual.
trial
over
the are
case
inimpressed
another
They
marriage in England.
The English court
legitimes
but the
daughter
was so
able
to
prove
The
daughter
should
prevail
because
Article
16 rest
SUGGESTED
ANSWER:
thereof
(Philippine
law
Dictionary,
3rdto
jurisdiction.
(Webster's
Dictionary)
with
public
interest
that
labor
decreed
the
marriage
annulled.
Returning
that
were
no compulsory
heirs act
or
(2}the
a) there
LONG
ARMCode
STATUTE
is a legislative
of
New
Civil
provides
that
intestate
Ed.)
(Ocampo
v.
Florenciano,
L-M
13553,
contracts
must
yield to the
the Philippines, Gene asked you whether or not
legitimes
under for
Canadian
Whocommon
should
which
provides
personallaw.
jurisdiction,
via
b) COGNOVIT
is a "statement of confession"
SUGGESTED
ANSWER:
and testamentary
succession
shall
be governed
2/23/50).
good.
Therefore,
such
contracts
are
he would be free to marry his former girlfriend.
prevail?
Why?
(5%)
No,
Gene isit not
free to to
marry
former
substituted
servicelaw
or process,
over
persons
or
Oftentimes,
is referred
as ahis
"power
of
by thesubject
national
of
the
person
whose
to the special laws on labor
What would your legal advice be? 5%
girlfriend.
His
marriage
to
Jane
is
corporations
which
are
nonresidents
of
the
attorney"
or
simply
as
a
"power",
it
isvalid
the
succession
is
under
consideration.
unions,
collective
bargaining,
strikes
Applicable
Laws;
Sucession
of Aliens
(1995)
according
to theof forms
and and
solemnities
of
state
and
which
voluntarily
go
into the state,
written
authority
the debtor
his direction
and
lockouts,
closed
shop,
wages,
Michelle,or
the
of Penreich,
British
law, isofvalid
here (Article
1st par.,
directly
byFrench
agent daughter
or communicate
witha to
the clerk
the district
court, 17,
or justice
of
ALTERNATIVE
ANSWER;
working
conditions,
hours
of
labor and
German
national,
died
inforeign
Spain
leaving
real
NCC).
However,
since
Gene against
and Jane
are
still
A.
When a
has a
element
such
persons
incontract
the state
for
limited
purposes,
the
peace
to enter
judgment
the
debtor
similar
properties
in subjects."
the
Philippines
well
as as
Filipinos
although(Words
living and
in Phrases,
England,vol.the
as
in the factual
setting
stated
in as
the
problem
inactions
which
concern
claims
relating
to
stated therein.
7,
COGNOVIT
is amarriage
plea in an
action
which
valuable
personal
properties
Germany.
dissolution
of their
is still
governed
where one
of execution
the parties
is apurposes
foreign c)
performance
or
ofin those
pp.
115-166).
b)
LongLaw
arm
statute5th
refers
simply to
1.
What
law
determines
who
shall
succeed
that
the 15,defendant
did
by Philippine law
(Article
NCC). Since,
corporation,
the
contract
can
be
sustained
as acknowledges
(Black's
Dictionary,
Ed.
1979).
authorized
substituted
service.
the
deceased?
Explain
your
answer
and
give
undertake
and
promise
as
the
plaintiff
in
its
valid particularly the stipulation expressing sterility is not one of the grounds for the
2.
What
law
regulates
the
distribution
of
the
its
legal
basis.
declaration
has
alleged,
and
that
it
cannot
that the contract is governed by the laws of the annulment of a marriage under Article 45 of
ALTERNATIVE
Divorce;
effect
of divorce
granted
former Filipinos;
Renvoi
real
properties
inGiven
the
Philippines?
Explain
deny
that itANSWER:
owes
unjustly
detainsoffrom
the
the Family
Code,and
the
annulment
Genes
foreign
country.
thisto generally
accepted
Yes,
Gene is sum
free to marryby his
girlfriend
Doctrine
(1997)
your
answer
give its legal
basis.
in his
marriage the
to Jane on claimed
that ground ishim
not valid
in
principle
of and
international
law,
the contract plaintiff
because his marriage
was validly
annulled be
in
3.
In
What
1977,
law
Mario
governsand
the distribution
Clara,
of Filipino
the
and
consents
that judgment
the Philippines
(Article
17, NCC)
between
Maritess
and
JAL is both
valid
and it declaration,
England.
The issue
of whether
not a
personal
citizens,
properties
were
in
Germany?
in theExplain
Philippines.
your
Applicable
Laws;
lawsmarried
governing
marriages
(1992)
entered against
the defendant
for or
a certain
should therefore
be
enforced.
marriage
is
voidable,
including
the
grounds
d)
COGNOVIT
is
a
note
authorizing
a
lawyer
answer
Three
years
and
give
later,
legal
they basis.
went
to married
the United
In 1989,
Maris,
aitsFilipino
citizen,
her
sum. [Words and Phrases, vol. 7, pp. 115-166).
SUGGESTED
therefore,
is governed
by the
law of the place
for confession
of judgment
by defendant.
States
ofANSWER:
America
and citizen,
established
their
boss Johnson,
an American
in Tokyo
in
Assuming
that
the
estate
of
the
decedent
is
where
the
marriage
was
solemnized
(lex loci
residence
San Francisco,
a wedding in
ceremony
celebratedCalifornia.
according In
to
being
settled
in
the
Philippines)
celebrationis).
Hence,
even
if
sterility
isofnot
a
2)
"BORROWING
STATUTE"
-Laws
the
1987,
the laws.
coupleOne
applied
were
Japanese
year for,
later,andJohnson
1.
The
national
law
of
the
decedent
(French
ground
to
annul
the
marriage
under
the
state
or
jurisdiction
used
by
another
state
in
granted,
U.S.
In and
1989,
returned to
his citizenship.
native Nevada,
he Mario,
validly
law)
shallto govern
in determining
whoClara,
will
Philippineconflicts
law, thequestioned
marriage involved
is nevertheless
deciding
in the
claiming
have
been
by
obtained in
that
state
an abandoned
absolute divorce
from
succeed
to
his
estate.
The
legal
basis
is
Art.
16
In
1990,
Mario
returned
to
the
Philippines
and
voidable
because
sterility
makes
the
marriage
choice
of
law
(Black's
Law
Dictionary,
5th
ed.
was
able
to
secure a decree of divorce in
his
wife
Maris.
ALTERNATIVE
ANSWER:
par.
2, Nevada,
NCC.
married
Juana
who knew
past
voidable under English law. Therefore,
After
Maris
received
the well
final Mario's
judgment
of
1979).
Reno,
U.S.A.
French
law
shall govern
the Mario
distribution
of his 3)
Applicable
Laws;
Real Property
(a)
marriage
and
a) "CHARACTERIZATION"
is otherwise
life. Is the
annulment
of Sale
theofmarriage
in (1995)
England
is valid
divorce,
she
marriedbetween
her childhood
sweetheart
real
properties
in
the
Philippines
except
when called
While
in
Afghanistan,
a
Japanese
by the name
(b)
Would
the
renvoi
doctrine
have
any
Juana
valid?
"classification"
or
"qualification."
It is
in the Philippines.
Pedro, also a Filipino citizen, in a religious
the
real to
property
is land which may be of
Sato
sold
to
Ramoncito,
a
Filipino,
a
parcel
relevance
the
case?
the
process
of
assigning
a
disputed
question
to
ceremony in Cebu City, celebrated according
transmitted to a foreigner only by hereditary of
land
situated
in
the
Philippines
which
Sato
its
correct
legal
category
(Private
International
to
the formalities
SUGGESTED
ANSWER: of Philippine law. Pedro later
succession.
1.
What
law his
governs
the
formality in the
inherited
from
Filipino
mother.
Law,
Salonga).
left
for distribution
the United
States
and became
2. The
of the
real properties
in
execution
of the contract of sale?
b)
"CHARACTERIZATION"
is
a Explain
processyour
in
naturalized
as shall
an American
citizen.
Maris
the Philippines
be governed
by French
answer and give
its what
legal category
basis.
determining
under
a
certain
set
followed
Pedrobasis
to the
United
law. The legal
is Art.
16, States,
NCC). and after
SUGGESTED ANSWER:
of facts or rules fall. (Paras, Conflict of Laws,
SUGGESTED
a
serious ANSWER:
quarrel, Maris filed a suit and
p. 94. 1984 ed.)
obtained a divorce decree issued by the court
in the state of Maryland.
nationality theory, and the issue involved is which of the laws of the
two countries should apply to determine the order of succession,
the amount of successional rights, or, the intrinsic validity of
testamentary provisions. Such issue is not involved in this case.
ALTERNATIVE ANSWER:
Yes. "Renvoi" - which means "referring back" is

relevant because here, we are applying U.S.
law to Mario, being already its citizen,
although the formalities of the second
marriage will be governed by Philippine law
under the principle of lex loci celebrationis.
Domiciliary theory vs. Nationality Theory (2004)
Distinguish briefly but clearly between:
Domiciliary theory and nationality theory of
SUGGESTED
ANSWER:
personal law.
(5%)
DOMICILIARY THEORY posits that the
personal status and rights of a person are
governed by the law of his domicile or the
place
of
his
habitual
residence.
The
NATIONALITY THEORY, on the other hand,
postulates that it is the law of the person's
nationality that governs such status and rights
Forum Non Conveniens & Lex Loci Contractus (2002)
Felipe is a Filipino citizen. When he went to
Sydney for vacation, he met a former business
associate, who proposed to him a transaction
which took him to Moscow. Felipe brokered a
contract between Sydney Coals Corp. (Coals),
an Australian firm, and Moscow Energy Corp.
(Energy), a Russian firm, for Coals to supply
coal to Energy on a monthly basis for three
years. Both these firms were not doing, and
still do not do, business in the Philippines.
Felipe shuttled between Sydney and Moscow
to close the contract. He also executed in
Sydney a commission contract with Coals and
in Moscow with Energy, under which contracts
he was guaranteed commissions by both firms
based on a percentage of deliveries for the
three-year period, payable in Sydney and in
Moscow, respectively, through deposits in
accounts that he opened in the two cities. Both
firms paid Felipe his commission for four
months,
after which
they the
stopped
paying
him.
A.
Define
or explain
principle
of lex
Felipe
learned
from
his
contacts,
who
are
loci contractus. (2%)
residents
of Sydney
and Moscow,
two
B.
Define
or explain
the rulethat
of the
forum
firmsconveniens
talked to each
non
(3%)other and decided to cut
him off.Should
He now
suit in Manila
against
C.
thefiles
Philippine
court assume
both
Coals
Energy
for(5%)specific
jurisdiction
overand
the case?
Explain.
SUGGESTED ANSWER:
performance.
A. LEX LOCI CONTRACTUS may be
understood in two senses, as follows:
SUGGESTED ANSWER:
(a) Yes, because Phil law recognizes the

divorce between Mario and Clara as valid.
SUGGESTED ANSWER:
(b) No, The renvoi doctrine is relevant in cases where one country
applies the domiciliary theory and the other the
(1) It is the law of the place where

contracts, wills, and other public
instruments are executed and governs their
(2)
It is and
the solemnities,
proper law of pursuant
the contract;
e.i.,
forms
to the
the
of law
intended
tothe
govern
firstsystem
paragraph,
Article
17 of
Newthe
Civil
entire
contract, including its essential
Code; or
requisites, indicating the law of the place
with which the contract has its closest
connection or
CIVILCIVIL
LAWLAW
Answers
Answers
to thetoBAR
the BAR
as Arranged
as Arranged
by Topics
by Topics
(Year(Year
1990-2006)
1990-2006)
SUGGESTED
Sometime
protection
where ANSWER:
in
ofthe
1990,
the main
rights
Sarah,
of
elements
Filipino
born a Filipino
laborers,
of the but
the
contract
court
country
naturalThus,
sister.
mother
of which
under
asthey
her
theare
middle
above-cited
citizens.
name.Since
provision,
The Court
their has
1)
a) It adepends
onforum
whether
or choice
not
valid
under
Hong
law,adopt
itprohibiting
shall be
valid and
in the
disregard
choice
by Zalamea
of
v.and
Court
ofBing
Appeals
of was
law. that
there
no law
anrespected
illegitimate
canillustrated
by
converge.
then
naturalized
As
American
citizen,
and
marriage
ruled
Eva
is
qualified
isis Kong
to
Vicky.
Philippines.
at
least
18
years
old
at Tom,
the
Carol
Therefore
(228
SCRA
thehusband
23
Philippine
[1993])
, ittime
Court
is the
lawasserts
of the
not
child
adopted by her natural father to use, as
her
American
filed
a should
petition
in
the
prerogative
to
take
custody
of
Bing.
If
she
apply
place
the where
stipulation
the Court
in
airline
question.
was for
issued,
middle
name,
heranswer
mother's
What
is
the
Regional
Trial
ofticket
Makati,
the
b)
Would
your
besurname.
the same
if they
ALTERNATIVE
ANSWER:
was
at least
18
years child
old,arethen
is and
no
Naturalization
(2003)
where
passengers
not
prohibited
isadopt
allowed. Eva's
After all,illegitimate
the use of
adoption
ofthe
the
minor
of nationals
hershe
sister,
a
sought
to
b)
No,
lex
fori
should
applied
the
SUGGESTED
ANSWER:
SUGGESTED
ANSWER:
longer
under
parental
authority
and
neither
Missmaternal
Universe,
from
Finland,
came istoin the
residents
of,
and be
where
thebecause
defendant
the
name
as(2%)
the
middle name
Filipina.
Can
the
petition
be
granted?
(5%)
daughter?
Explain.
(per
dondee)
depends.
Rules
Adoption
My
answer
willastill
be the
same.
Paragraph
suit
is
filed
inIt Philippine
courts
and
Eric was
Carol
nor
Norma
can
assert
theon
prerogative
to
Philippines
on
tourist
visa.
While
inand
this
airline
company
maintained
its
office.
accord
with Filipino
culture
and
customs
effective
August
22,
2002
provides
the
3(a)
of
Article
184
of
the
Family
Code
does nota
hired
in
the
Philippines.
The
Philippine
ALTERNATIVE
ANSWER:
take custody.
However, if she was less than 18
country, she
fell in for
lovethe
with
andofmarried
adoption
is intended
benefit
the
A.
Under
doctrine
of
lex
loci
contractus,
as adopted
following;
SEC.
4. Whofull
may
right
The
make
any
distinction.
Theofprovision
states
that
Constitution
affords
protection
to labor
years
old,the
then
Norma
has
aadopt.
better
since
Filipino
doctor.
Her tourist
visa having
been
[In
re: Adoption
Stephanie
Nathy
a
following
general
may
rule,
adopt:
the
Any
law
Filipino
of
the
Citizen
place
where
a
an
alien
who
is
a
former
Filipino
citizen
and
the
stipulation
as
to
summary
dismissal
the 1adoption
by Norma
of Bing terminates the
expired Garcia,
and after
the 148311,
maximum
extension
Astorga
G.R. No.
March
31, is
ofmade
legal
age,
b)
The
natural
mother,
Carol,
should
have
the
contract
is
or
entered
into
governs
with
qualified
to
adopt
a
relative
by
consanguinity.
runs
counter
to
our
fundamental
and
statutory
parental
authority
of Carol
over
Bing.
Rabuya,
The Law
Persons
and Family
allowed
therefore,
the on
Bureau
of Immigration
2 Prescriptive
possession
full
civil
capacity
andthe
legal 2005;
Inter-Country
Adoption;
Formalities
(2005)the petition to
Torts;
better
right
inPeriod
light(2004)
ofof
the
principle
that
respect
to inits
nature
and
validity,
obligation
c)
that
they
laws.
Relations,
p.
613].
andSupposing
Deportation
(BID)
is filed
presently
demanding
rights,
Hans Berber,
ain
German
national,
and will
his your
In
a interpretation.
class
suit for
damages,
plaintiffs
claimed
child's
welfare
is the
paramount
consideration
and
This
has been
said
to
be the adopt
theleave
year
2000,
that sheVicky
immediately
the
country
but she
3
of good moral
character,
Filipino
wife,
Rhoda,
are
permanent
residents
they
suffered
injuries
from
torture
during
in
custody
rights.
Obviously,
Bing's
continued
rule4even though
the place
where
thecrime
contract answer
bedo
the
same?
Explain.
(2%)
has not been
convicted
of any
refuses
to
so,
claiming
that
she
is
already
a
SUGGESTED
Canada.ANSWER:
They desire so much to adopt
martial
The
suit
was
filed
President
stayinvolving
in law.
her
adopting
parents'
house,
where
was
made
ismoral
different
from
theupon
place
where
it of
turpitude;
Filipino
Citizen
by
her
marriage
to
a Filipino
Yes,
my
answer
will
still
be
the
same.
Under
SUGGESTED
ANSWER:
Magno,
an
8-year
old still
orphaned
boy deportation
and a
EMs
arrival
on
exile
in
HI,girls
a U.S.
interaction
with
theand
call
is state.
inevitable,
is
to5 be
performed,
particularly
so, if The
the
who
is emotionally
and
psychologically
citizen.
Can
the
order
the
Sec.
7(b),
Art.
IIIBID
of
New
Domestic
the
BID
can
order
the
deportation
of Miss
baptismal
godson
ofthe
Rhoda.
Since
the Adoption
court
inof
HIof
awarded
the
equivalent
would
be
detrimental
to
capable
caring
for plaintiffs
children,
place
the
making
and her
the moral
place and
of Yes,
of
Missan
Universe?
Explain.
5%
Act,
alien
who of possesses
all tothe
Universe.
The
marriage
anparents
alien woman
a
accidental
death
of
Magno's
in
2004,
of
P100
6
billion
at least
under
sixteen
the
(16)
U.S.
years
law
older
on
alien
than
tort
the
spiritual
development.
This
could
be
the
performance
are
the
same
(United
Airline
v.
SUGGESTED ANSWER:
qualifications
of aautomatically
Filipino
national
who
Filipino
does
not
make
her
ais
adoptee,
he
has
been
staying
with
his
aunt
who,
claims.
On
appeal,
EMs
Estate
raised
the
reason
for
Bing's
expressed
desire
to
return
to
CA,
G.R.
No.
124110,
April
20,
2001).
B. FORUM NON CONVENIENS means that a
qualified
to
adopt
may
already
adopt
provided
7
and
who
is
in
a
position
to
support
and
care
Filipino
Citizen.
She
must
first
prove
in
an
however, could hardly afford to feed her own
issue
ofhas
prescription.
argued
that to
since
said
her
natural
mother. It It
should
be
noted,
court
discretionary
authority
decline
forlaw
his that
children
in is
keeping
with
the
means
of the
that
hisUnfortunately,
country
has Hans
diplomatic
relations
with
appropriate
proceeding
thatand
sheRhoda
does
not
have
family.
cannot
U.S.
is
silent
on
the
matter,
the
court
however,
Bing
no
longer
a
minor,
being
jurisdiction
family. over a cause of action when it is of
the
Philippines,
that
he
has
been
living
in
the
Is
there
a
possibility
for
them
to
adopt
any
disqualification
for
Philippine
citizenship.
come to the Philippines to adopt Magno
should
apply:
HIs
law
setting
ajustly
two-year
19 years
ofthat
age(1)
now.
It is
doubtfu1
a court
the
view
the
action
may
be that
and
SUGGESTED
ANSWER:
Philippines
for
at
least
three
(3)
continuous
Magno?
How
should
they
go
about
it?
(5%)
(Yung
Uan
Chu
v.
Republic
of
the
Philippines,
although
they
possess
all
the
qualifications
as
limitation
on
tort
claims;
or
(2)ofBing
the
Philippine
cana)still
the
question
custody
over
effectively
adjudicated
elsewhere.
2)
On resolve
the
assumption
that
is still
a
SUGGESTED
ANSWER:
years
prior
to [1988])
the filing
of the
application
158
SCRA
593
. Since
Miss
Universe for
is
adoptive
parents.
law
which
appears
to
require
that
claims
for
SUGGESTED
ANSWER:
one
who
is
sui
juris
and
not
otherwise
Yes, it is possible
for Hans such
and Rhoda
to adopt
minor or countered
otherwise that
incapacitated,
Carol
may
Plaintiffs
provisions
of
the
most
adoption
and
maintains
residence
until
still
a
foreigner,
despite
her
marriage
to
a
C.
No,
the
Philippine
courts
cannot
acquire
personal
injury
arising
from
martial
law
be
incapacitated.
Magno.
Republic
Act
No.
or the
Interpetition
the
proper
courtthe
for resolution
or
ANOTHER
SUGGESTED
ANSWER:
analogous
federal
statute,
the
adoption
decree
is 8043
entered,
that
he
has
doctor,
she
can
be deported
upon
jurisdiction
over
the
case of Torture
Felipe. Victims
Firstly, Filipino
brought
within
one
year.
Bureaubyof
Immigration
cannot
order
Country
Adoption
Act,
allows
aliens
or consular
rescission
of
decree
of
adoption
on the
Protection
Act,the
should
benon
applied.
It sets
ten No,
beenthe
certified
his
diplomatic
or
expiry
of her allowable
stay
in the Philippines.
under
the rule
of
forum
conveniens,
the
her
deportation.
An
alien
woman
marrying
a
Filipinos
permanently
residing
abroad
to
apply
ground
that
the
adopting
parents
have
years as the
period
for prescription.
office or any appropriate government agency
Philippine
court
is not
a convenient Moreover,
forum as Filipino,
native-born
or
naturalized,
becomes
for
inter-country
adoption
of
a
Filipino
child.
exposed,
or
are
exposing,
the
child
to
corrupt
they
argued
that equity
toll the statute
of that he has the legal capacity to adopt in his
all
the
incidents
of the could
case occurred
outside
Qualification
of
Applicable
(2001)
ipso
facto
a Adopter;
Filipino
if she
isLaw
not
disqualified
to
The
law
however
that
only
legally
influence,
tantamount
to giving her
corrupting
limitations.
For
it
appeared
that
EM
had
country,
and
thatrequires
his
government
allows the
the Philippines. Neither are both Coals and be
A
German
couple
filed
a
petition
for
adoption
a
citizen
of
the
Philippines
(Mo
Ya
Lim
v
free
child,
or
one
who
has
been
voluntarily
or
orders
or
examples.
She
can
also
ask
for
the
procured
Constitutional
amendments
granting adoptee to enter his country as his adopted
Energy
doing
business inside
the Philippines.
of
a
minor
Filipino
child
with
the
Regional
Commission
of
Immigration,
41
SCRA
292
involuntarily
committed
to
the
DSWD
or
any
of
revesting
in
her
of
parental
authority
over
himself and
acting
under
direction
child.
Secondly,
thethose
contracts
were
not his
perfected
in [1971]),
Trial
Court
of agencies,
Makati
under
the
provisions
of
(Sec
4,
Naturalization
Law).
All that
its accredited
may be
subject
of
Bing.
If However,
Bing
is his
already
19 years of
immunity
from suit
during
tenure.
the
Philippines.
Under
the
principle
of
lex
loci
the
Child
and
Youth
Welfare
Code
which
In
this
case,
has
prescription
set
in
or
not?
she
has to adoption.
do is prove
in the
deportation
intercountry
The law
further
age and therefore no longer a minor, it is not
ANOTHER
SUGGESTED
ANSWER: Before the petition
contractus,
the
law
of the in
place
wherelaws,
the proceeding
allowed
aliens
to
Considering
the herself
differences
thepetition
cited
the
factadopt.
of her
marriage
and
requires
that
aside
from
possessing
thebethat
Carol but Bing
who can
the
It depends. If she is disqualifiedallto
a
contract
is made period
shall should
apply. be
Lastly,
the she
could
the Family
Code,
which
which
prescriptive
applied:
is be
not heard,
disqualified
to parents
become
a Filipino
qualifications,
the
adoptive
must
come
court for
judicial rescission
of the adoption,
Filipino citizen, she may be deported. If she
is
Philippine
court
has
no
power
to
determine
the
b)
Carol
may
file
an
action
to
deprive
Norma
repealed
the Child
and Youth
Welfare
one
year under
law, a
twoground
years under
Citizen.
from
a country
where
has Code,
provided
she Philippine
can show
for
not disqualified
to bethe
a Philippines
Filipino citizen,
she
facts
surrounding
the
of
parental
authority
underexecution
Article
231oflaw,
of said
the
came
into
effect.
Consequently,
the
Solicitor
HIs
law,
ten
years
under
U.S.
federal
or
diplomatic
relations
and
that
the
government
disinheritance of an ascendant.
may not be deported. An alien woman who
contracts.
And
even
if
a
proper
decision
could
Family
Code
or
file
an
action
for
the
rescission
SUGGESTED
ANSWER:
General
filedsimilarly
a motion
to dismiss
the petition,
none of the above? Explain. (5%)
maintains
accredited
agency
a aFilipino
citizen
becomes
one.andThe
Thethe
USadoption
Court
will
applyArticle
US
law,
the
of the marries
be
reached,
such
would
have
no
biding
effect
of
under
191
inlaw
relation
on the
groundisthat
the Family
Code
prohibits
that
adoption
allowed
under
the
national
marriage ANSWER:
of Miss Universe to the Filipino
SUGGESTED
Jorum,
in Energy
determining
the
on
Coals Theory
and
as Family
the court
wasapplicable
not able
to
Article
231
(2)
of the
Code.
aliens
from
adopting.
If you
werebethe
judge,
Nationality
(2004)
law
of
the
alien.
Moreover,
it
must
further
motion
tonot
dismiss
thefile
petition
for adoption
doctor
did
automatically
make
herto a
Qualification
of Adopter
(2005)
Hans
and
Rhoda
have
to
an application
prescriptive
period.
While US
law parents
isthe
silent
on The
to
acquire
jurisdiction
over
said
how will
you
rule
on the
motion?
(5%)
PH and
LV are
HK Chinese.
Their
are
shown
that
all
possibilities
for
a
domestic
be
denied.
The
law
that
shouldthat
govern
Filipino
citizen.
She
still
has
to
prove
she
In
1984,
Eva,(Manila
a Filipina,
went
tov. work
as
a should
adopt
Magno,
either
with
the
Regional
Trial
this
matter,
the
US
Court
not While
apply
corporations.
Hotel
Corp.
NLRC.
343
now Filipino
citizens
who
live
inwill
Manila.
adoption
have
been
exhausted
and
the
interTheory;
significant
relationships
theory
(1994)
the
action
is
the
law
in
force
at
the
time
of
is
not
disqualified
to
become
a
citizen.
nurse
in
the
USA.
There,
she
met
and
fell
in
Court
having
jurisdiction
over
Magno
or
with
Philippine
law
in
determining
the
prescriptive
SCRA
1, 1314[2000])
still students
in MNS State, they got married
country
adoption
is
best
the
interest
of
the
Able,
aofcorporation
domiciled
in
State
A,
but,
filing
the petition.
At for
that
time,
it
was
the
love
with
Paul,
an American
citizen,
and they
the
Inter-Country
Adoption
Board
in
Canada.
period.
It
is
generally
affirmed
as
a
principle
in
although they are first cousins. It appears that
child.
doing
business
inwill
the
Philippines,
Eric,
andRhoda
Youth
Welfare
Code hired
that
was a
in
got
married in 1985.law
Eva
acquired
American
Hans and
then
undergo
a trial
private
that
procedural
law is Child
both in international
HK and in MNS
State
first cousins
Filipino
engineer,
for
its
project
in
State
B.
In
effect,
not
the
Family
Code.
Petitioners
have
citizenship
inexceptions
1987. During
their
sojourn
in the
custody
for
six
(6)
months
from
the
time
of
one
of
the
to
the
application
of
could marry legally.
the
contract
executed
acquired
vested
rightofby
on
their
Philippines
1990,
they
aprescription
joint petition
placement.
Itofisemployment
onlyaafter
the
lapse
thethe
trial
foreign
lawtoin
by
the forum.
Since
They plan
reside
and
setfiled
up business
in theis already
parties
in
State
B,
it
was
stipulated
that
the
qualification
to
adopt
which
cannot
be
taken
for
the adoption
Vicky,have
a 7-year
daughter custody that the decree of adoption can be
a
matter
of procedural
law
even
in informed,
Philippine
Philippines.
Butofthey
beenold
205
SCRA
356)
contract
could
be terminated
at the
company's
Parental
Authority;
Rescission
of Adoption
(1994)
the
Family
Code.
(Republic
v. Miller
of
Eva's sister.
Themarriage
government,
through
the away
issued.by
jurisprudence,
v. POEA/
JVLRC/Broum
however,
that (Codaltn
the
of first
cousins
ALTERNATIVE
ANSWER:
will,
which
stipulation
is
allowed
in
State
B.
In
1975,
Carol
begot
a
daughter
Bing,
out
oflaw
G.R.
No.
125932,
April
21,
1999,
Office
the Solicitor
General,
opposed
the
and
International,
238
SCRA
721 [1994]),
The motion has to be granted. The newciting
hereRoot
is of
considered
void from
the beginning
by
When
Eric
was
summarily
dismissed
by
Able,
wedlock.
When
Bing
was
ten
years
old,
Carol
a)
Is
the
government's
opposition
tenable?
Republic
v.
Court
of
Appeals,
petition
on
the
ground
that
the
petitioners,
the
US ofCourt
apply
either
HIa or
Federal shall govern their qualification to adopt and
reason
publicwill
policy.
They
are in
dilemma.
sued Able
for damages
inlegal
the Philippines.
gave
consent
adoption
by is
Explain.
(2%)
being
both
foreigners,
are
disqualified
to much
adopt he
law
in
determining
the
applicable
prescriptive
underher
the
new for
law,Bing's
the German
couple
They
dont
want
to
break
Philippine
law,
SUGGESTED
ANSWER:
SUGGESTED ANSWER:
Will
the
Philippine
court
apply
the
contractual
Norma
and
Manuel,
which
was
granted
by
the
Vicky.
period
and not
Philippine
law.They
The
disqualified
from
adopting. TheyRELATIONSHIPS
cannot claim
a) Using the
"SIGNIFICANT
less
marriage
vow.
seek
your
The their
government's
position
is Restatement
untenable.
stipulation?
court
in
1990.
In
1991,
Carol
learned
that
of
American
law affirms
this
principle.
THEORY",
that
they have
there
already
are contacts
acquiredsignificant
a vested right
to the
advice
on whether
civil
status
be
Under
paragraph
3, their
Article
184
of the will
Family
Norma
and
Manuel
were
engaged
in
a callSUGGESTED ANSWER:
because
adoption
is
not
a
right
but
a
mere
Philippines.
Among
these
are
that
the
place
of
adversely
affected
by
Philippine
domestic
law?
Code,
an
alien,
as
a
general
rule
cannot
adopt.
Adoption;
of Surname
of her
Natural
My
advise isUse
as follows:
The civil
status
of' PHMother
and LV (2006)
will not be
girl-ring
catered
tobased
tourists.
Some
of
[Note:
If that
the
answer
onthe
thea
business
privilege.
No
is examinee
one
the acquires
Philippines,
a his
vested
the
right
employee
on
What
is
your
advice?
(5%)
adversely
affected
by
Philippine
law
because
they
are
nationals
of
However,
an
alien
who
is
a
former
Filipino
May an illegitimate child, upon adoption by her
girls
lived
with
current
law,
8552, and
his
answer
should
be in
privilege.
concerned
is RA
a Norma
Filipino
andManuel.
the suitCarol
was got
filed
Hong
Kongand
and not
Filipino
citizens.Being
foreigners,
their status,
citizen
who
seeks
to adopt
a relative
by
natural
father,
use
the
surname
of
her
natural
considered
correct.
This
question
is
based
on
the
Bing
back,
who
in
the
first
place
wanted
to
conditions and legal capacity in the Philippines are governed by the
the
Philippines,
thereby
justifying theCode
application
consanguinity
is qualified
to(2.5%)
adopt, (par. 3[a],
repealed
provision
ofmother.
the Family
mother
thethe
middle
name?
return
to her
natural
1) WhoAirlines
has a on
law of Hongas
Kong,
SUGGESTED
ANSWER:
Yes,
an
illegitimate
child,
of
Philippine
law.
In
the
American
In
the
given
problem,
Eva,
a
naturalized
Art. 184, Family Code)
Qualifications
Adoption.]
Adopter
(2000) of Bing, Carol or case
better
rightof
to
thethat
custody
upon
adoption
by would
her natural
usea
the Court
held
when what is involved is
American
citizen
like tofather,
adopt can
Vicky,
Norma?
2) Aside
from
taking physical
the
surname
of her of her
PARAMOUNT
STATE
INTEREST
such as the
7-year
old daughter
custody of Bing, what legal actions can Carol
take to protect Bing?
ADOPTION
Family; Constitutional
Divorce
(1991)
under
Sec. 7(b) ofMandates;
RA8552.
The Supreme
Court
1) No, the Motion to Dismiss should not be
A. held How
doescases
the that
1987
Constitution
has
in several
when
husband
granted. Article 236 of the Family Code as
strengthen
family to
as adopt
an Institution?
and
wife arethe
required
jointly, each one
amended by Republic Act 6809, provides in
B. them
Do the
Constitutional
policy
of
must
be qualified to
adoptoninthe
his family
or her
the third paragraph that "nothing in this Code
and right
the (Republic
provisionv. Toledano,
that marriage
is 9the
own
233 SCRA
shall be construed to derogate from the duty
foundation
of the the
family
and shall
be protected
(1994).
However,
American
husband
must
or responsibility of parents and guardians for
by
the
State
bar
Congress
from
enacting
comply with the requirements of the law a law
SUGGESTED
ANSWER:
children and wards below twenty-one years of
allowing divorce
in the Philippines?
including
the
residency
requirement of three
A. years.
Sec, Otherwise,
2, Article the
II adoption
of the will
Constitution
age mentioned in the second and third
(3)
not be
provides
that:
The
State
recognizes
the
Successional
Rights
of
Adopted
Child
(2004)
paragraphs of Article 2180 of the Civil Code".
allowed.
sanctity
of
family
life
and
shall
protect
and
A
Filipino
couple,
Mr.
and
Mrs.
BM,
Jr.,
2) The liability of Julio's parents to Jake's
strengthen
the family
a basic
autonomous
decided to adopt
YV, anas
orphan
from
St.
parents arises from quasi-delict (Arts. 2176
a)2180
P50,000.00
for the
death
the
social
protect
Clairesinstitution.
orphanageItinshall
New equally
York City.
They the
and
Civil Code)
and
shallof
cover
b) such amount
as would correspond to lost earning
son;
life
ofand
thetreated
motherher
and
the
life of the child
unborn
loved
like
a legitimate
specifically
the following:
capacity; and
from
conception.
The
natural
and primary
for they
have none of
their
very own.
c) moral damages.
right
and BM,
duty Jr.,
of parents
in accident
the rearing
of the
However,
died in an
at sea,
youth
forto
civic
andlater
the by
development
followed
the efficiency
grave a year
his sick
Family Code; Retroactive Application; Vested Rights (2000)
Section
I,character
Article
XV,
further
provides
that: The
of
moral
shall
the
support
of
father,
BM,
Sr. Each
left receive
a sizable
estate
On April 15, 1980, Rene and Angelina were
State
recognizes
the
Filipino
family
as
the
the
Government.
consisting of bank deposits, lands and
The
of a 16-year
difference
married
to requirement
each other without
a marriage
foundation
the nation.
Accordingly,
it shall
buildings inof
Manila.
May the
adopted child,
between In
the1985,
age of
theacquired
adopter a
and
adoptee
settlement.
they
parcel
of
SUGGESTED
ANSWER:
strengthen
its
solidarity
and
actively
promote
YV, inherit
from
BM,
Jr.? May
she also inherit
be waived
when
the
adopter
is the
The
Committee
recommends
that
YV total
can (Note:
inherit
from
BM, Jr. The
succession
toa
landmay
in Quezon
City. On
June
1, 1990,
when
its
development.
from
BM,
Sr.?
Is
there
a
difference?
Why? be
citation
of either
one of theby
provisions
biological
the adoptee
or the
is the
the estate
of BM,
Jr. is governed
Philippine
Angelina
was parent
away inofBaguio,
Rene sold
Explain.
(5%)
SUGGESTED
ANSWER:
credited
a complete
answer).
SUGGESTED
spouse
of
the adoptees
parent;
law because
heas
was
a Filipino
when he died
said
lot Alien
to ANSWER:
Marcelo.
Is the
void
or
Any
possessing
thesale
same
qualifications
as
B,
No,
the
Constitutional policy, as well as the
The
sale
is
void.
Since
the
sale
was
executed
(Article
16,
Civil
Code).
Under
Article 1039 of
voidable?
(2%) for Filipino nationals: Provided,
above-stated
supporting provision, does not amount to a
in 1990, the Family Code is the law applicable.
the
Civil
Code,
the
capacity
of
the
heir to
a) That his country has diplomatic relations
prohibition to Congress to enact a law on
Under Article
124
of the
FC, the sale of a
Republic
of
the
Philippines,
succeed
is
governed
by
the
national
law of the
with the
divorce. The Constitution only meant to help
conjugal
property
a spouse
b)
that heby has
been without
living the
in the
decedent and not by the national law of the
ALTERNATIVE
ANSWER:
the marriage endure, to "strengthen its
Philippines
for
at isleast
consent
of the
other
void.three (3) continuous
heir.
Hence, whether or not YV can inherit
ALTERNATIVE
Theyears
sale isprior
voidable.
provisions
the for
solidarity ANSWER:
and actively promote its total
to theThe
filing
of the of
petition
from
BM,
Jr. is determined
Philippine
B.
Yes.
Congress
is barred by
from
enactinglaw.
a law
Family
Codeand
may
apply retroactively
but
only
if
development."
adoption
maintains
such residence
until
the
Under
Philippine
law,
the
adopted
inherits
allowing
divorce,
since
Section
2
of
Article
XV
that
he
by his
suchc)
application
will
not been
impaircertified
vested rights.
adoption
decree
ishas
entered,
YV,
however,
cannot
inherit,
in hischild
ownof
right,
from
the
adopter
as
a
legitimate
the
provides:
"Sec.
2.
Marriage,
as
an
inviolable
diplomatic
or
consular
office
or
any
appropriate
When Rene and Angelina got married in 1980,
from
the father of the adopter, BM, Sr.,
adopter.
agency their
to have
the legal
capacity
social institution, is the foundation of the
the government
law that governed
property
relations
because
he is not a legal heir of BM, Sr. The
d)
and
that
his
government
allows
the
adopt
in Civil
his country,
family and shall be protected by the State."
wasto
the
New
Code. Under the NCC, as
legal fiction of adoption exists only between
adoptee to enter his country as his adopted
Since marriage is "Inviolable", it cannot be
interpreted
by the Supreme Court in Heirs of
the adopted and the adopter. (Teotico v. Del Val
child.
dissolved by an absolute divorce.
Felipe
v. Aldon,
100 SCRA
628
and reiterated
Provided,
further,
That the
requirements
on in
13
SCRAAnnulment;
406 [1965]).
Neither
mayBefore
he inherit
Marriage;
Effects;
Requisites
Remarriage
Heirs
of
Ayuste
v.
Malabonga,
G.R
No,
118784,
residency and certification of the aliens
from
BM,
Sr.
by
representing
BM,
Jr.
because
(1990)
2 September
1999
, the sale
by the
qualification
to adopt
in hisexecuted
country may
be
in
representation,
must
The
marriage of Hthe
andrepresentative
W was annulled
bybe
thea
husband
the consent
the wife
is
waivedwithout
for the following:
a) aof
former
Filipino
legal
heir
not
only
of
the
person
he
is
competent court. Upon finality of the
within the fourth (4th) degree of consanguinity
citizenThe
who husband
seeks to adopt
a relative
voidable.
has already
acquired a
representing
also H
of began
the decedent
or affinity; or b) one who seeks to adopt the
judgment of but
nullity.
lookingfrom
for his
vested
right on
theofvoidable
nature
of or
whom
the
represented
was
supposed
to inherit
legitimate
child
his Filipino
spouse;
prospective second mate. He fell in love
with a
dispositions made without the consent of the
(Article
973, Civil
Code).
Family Home; Dwelling House (1994)
sexy woman
S who
wanted to be married as
wife.
Article
of the
Code
c)Hence,
one
who
is124
married
to Family
a Filipino
In 1991,
Victor
established
judicially
out citizen
of
soon as possible, i.e., after a few months of
which
sale void
does
nothis
apply.
andmakes
seeks the
to adopt
jointly
with
spouse a
(a)
How soon
be joined
in lawful
conjugal property, a family home in Manila
courtship.
Ascan
a Hyoung
lawyer,
you were
Emancipation (1993)
relative within the fourth (4th) degree of
wedlock
to
his
girlfriend
S? Under
existing
worth P200.000.00 and extrajudicially a
consulted
by
H,
Julio
and
Lea,
both
18
years
old,
were
consanguinity or affinity of the Filipino spouse.
laws,
are there
thatofmust
be
second family home in Tagaytay worth
sweethearts.
Atcertain
a partyrequisites
at the house
a
complied
with before
heJake,
can remarry?
What
P50.000.00.
Qualifications ofVictor
Adopterleased
(2003) the family home in
mutual friend.
Lea met
also 18 years
old,
(b)
were
fromtothe
advice
wouldthat
youchildren
giveinH?
Manila
foreigner.
Victor who
and his
family an
Lina, ato a
former
Filipina
became
whoSuppose
showed
interest
her.
Leaborn
seemed
union
of
H
and
W,
what
would
be
the
status
transferred
to another
house
his marriage
in Pasig. to
American citizen
shortly
afterofher
entertain Jake because she danced with
himof
said
children?
Explain
your
answer.
Can
the two family
homes
be the
subject
of in
an American
husband,
would
like
to adopt
many times. In a fit of jealousy, Julio shot Jake
(c) If the subsequent marriage of H to S
execution
on a judgment
against
wife
the Philippines,
jointly with
her Victor's
husband,
one
with his father's 38 caliber revolver which,
SUGGESTED ANSWER:
was contracted before compliance with the
for
non-payment
of the purchase
inthat
1992all
of the
of
her
minor
brothers.
Assuming
before going to the party he was able to get
The two (2) so-called family homes can be the
statutory condition for its validity, what are
household
appliances?
required
consents
have
been
obtained,
could
from the unlocked drawer inside his father's
subject
of
execution.
Neither
of
the
abodes
are
the rights of the children of the first marriage
SUGGESTED
ANSWER:
the
contemplated
joint
adoption
in
the
bedroom. Jake died as a result of the lone
considered
homes
for purposes
Yes,
Lina and herfamily
American
husbandbecause
can jointly adopt
a minor
(i.e., of H and W) and of the children of the
Philippine
prosper?
Explain.
gunshot wound he sustained. His parents sued
brother
of
Lina
because
she
and
her
husband
are
both
qualified
to
of availing the benefits under the Family Code,
subsequent marriage (of H and S)?
adopt.
a former
citizen,
can adopt
her minor
Julio's parents for damages arising from quasithereLina,
canasonly
beFilipino
one (1)
family
home
which is
brother under Sec. 7(b)(i) of RA 8552 (Domestic Adoption Act of
delict. At the time of the incident, Julio was 18
defined
as
the
"dwelling
house"
where
the
1998), or under Art. 184 (3)(1) of the Family Code. The alien
years old living with his parents. Julio's
husband
the wife and their family actually
husband
can and
now adopt
parents moved to dismiss the complaint
"reside" and the land on which it is situated.
against them claiming that since
was119
(Arts. 152 and 161, Family Code)
Page Julio
23 of
already of majority age, they were no longer
liable for his acts. 1) Should the motion to
dismiss be granted? Why? 2) What is the
liability of Julio's parents to Jake's parents?
Explain your answer.
SUGGESTED ANSWER:
FAMILY CODE
CIVILCIVIL
LAWLAW
Answers
Answers
to thetoBAR
the BAR
as Arranged
as Arranged
by Topics
by Topics
(Year(Year
1990-2006)
1990-2006)
marriage,
the conclusion
is that
Digna's
father
mayto
revoke
theinboss
ALTERNATIVE
children's
drug
addict.ANSWER:
presumptive
Efforts
have
legitimes
him
should
werethe
sexually-transmissible
In
Flor
be
1989,
and Maris,
Virgillo
awere
Filipino
married
disease,
citizen,
to
found
each
married
other
beher
serious
a)
Discuss
the to
effect
of rehabilitated
thewhich
divorce
donation
and get back
the
Eva
mayappropriate
file
action
for
legal
separation
in
unsuccessful.
the
Can
Baby
civil
askregistry
for
annulment
registries
ofon
an
ofAmerican
in1984,
Tokyo
inmarriage,
a was
wedding
appears
incurable.
Two
(2)car.
years
after their
which took a
recorded
Johnson,
and
Roxas
City in citizen,
198O.
In
Flor
offered
obtained
byan
Sonny
and
Lulu
inand
Canada.
the
grounds
sexual
infidelityExplain.
of her husband
SUGGESTED
ANSWER:
should
beH
so
advised.
property.
marriage,
or of
legal
separation?
ceremony
place on 10 October
celebrated
Bethel
according
discovered
to
thatJapanese
her husband
teaching
Job
in1988,
Canada,
which
she
accepted.
(2%)
The
divorce
is
not
valid.
Philippine
law of
does
and
the
contracting
by
her
husband
a
Marriage;
Grounds;
Declaration
ofdisease
Nullity:
Annulment:
Legal
ALTERNATIVE ANSWER: for (a)
James
has
ashe
which
he contracted
laws.
One
year
later,
Johnson
returned
to his
In
1989,
applied
for
and
was
granted
not
provide
for
divorce.prescribed
Philippineby native
SUGGESTED
ANSWER:
bigamous
marriage
abroad.
Separation:
Separation
of
Property
(2003)
The
following
areabsolute
the
requisites
law
even priorNevada,
to their
marriage
James
did notyear,
know
and although
heThe
validly
obtained
initshe
that
Canadian
citizenship.
following
No,
She Baby
cannot
ask
for
aA strict
of
her
courts
cannot
it. annulment
marriage
between
advice
toremarry.
H isgrant
toWhile
comply
withinterpretation
them,
and
Imay
Which
theexamined
following
remedies,
himself
untilof
he was
two
[2)
years
later
when i.e.,
a child (a)
state
an
absolute
divorce
from
wife
Maris.
sued for
divorce
from
Virgilio
inhis
a Canadian
marriage
of Article
oreither
26
for legal
of cannot
the
separation
Family
because
Code would
both
two
(2)If Filipinos
be contracted
dissolved
bythe
a
1)
spouse
namely:
declaration
of
marriage,
was
already
bornreceived
toof
them.nullity
Bethel
James
for annulment
After
Maris
the sues
final
judgment
of of(b)
court.
After
Virgilio
was
served
with
summons,
these
capacitate
actions
had
Filipino
already
spouse
to remarry
divorce
obtained
abroad.
(Garcia
v.
Redo,
G.R.
marriage
ina bad
faith,
hisprescribed.
or her
share
ofonly
the divorce,
annulment
of
marriage,
(c)
legal
separation,
their
marriage.
James
opposes
the
annulment
on
the
ground
that
she
married
her
childhood
sweetheart
the Canadian court tried the case and decreed
While
concealment
of drug
existing
at at
the
when
the other
spouse
was
a . foreigner
No.
138322,
October
2, addiction
2001)
Philippine
laws
net
profits
of
the
community
property
: the
or Pedro,
and/or
(d) know
separation
of aproperty,
an
he diddivorce.
notalso
even
that hethereafter,
had
such
disease
somarried
thatcan
there a
aShortly
Filipino
citizen,
in Flor
a religious
the
time
marriage
constitutes
fraud
under
Art.shall
46 of
SUGGESTED
timeofof
the
marriage,
the
DOJ
has
issued
an
apply
to
Sonny
and Lulu.
Under
Article
15the
of
conjugal
partnership
property
be
aggrieved
spouse
avail
himself/herself
ofwas no fraud orANSWER:
bad
faith
on
his part.
Decide.
ceremony
in
Cebu
City,
celebrated
to
Canadian.
Can
Virgilio
marry
againaccording
in the
Virgilio
cannot
validly remarry.
His case is
FC
which
makes
the
marriage
voidable
under
Art.
45 if No,
opinion
134
s.laws
of
1993)
that
the
same
the
New(Opinion
Civil
Code,
relating
to
family
(i) formalities
If the
wife
discovers
after
the
forfeited
in
favor
of
the
common
children
or,
the
of Philippine
law.
Pedro
later
Philippines?
Explain.
covered
bywife
Article
26(to)
of the
Family
Code,
of
the FC,
the
action
must,
however,
beofArticle
brought
within
B.(ii)
Suppose
that
both
parties
at
the
time
of as
injustice
sought
to
be
cured and
by
26 of
is not
If the
goes
to work
rights
and
duties,
status,
capacity
marriage
that
her
husband
has
AIDS.
there
are
none,
the
children
the guilty
left
for the
United
States
andabroad
became
said
Article
to besimilarly
applicable,
theafter
spouse
5
years from
the
discovery
thereof
Article
their
marriage
were
afflicted
with
present
inare
case ofmarriage
spouses
who
were
both
a
nurse
and
refuses
to
come
home
persons
binding
upon under
citizens
of47(3),
the
spouse
by
athe
previous
or,
in
default
of For
naturalized as an American citizen. Maristhe
who
filed forofdivorce
must
be contract
a foreigner
at
FC,
the
drug
addiction
of Bert
2) Since
Donations
by reason
of was
marriage
diseases,
serious
and
Filipino
at
time
ofthey
the
marriage
butshall
one
expiration
three-year
there.
Philippines
wherever
may
be.discovered
Thus,
the
children,
thethe
innocent
spouse;
followed
Pedroher
to the
United
States,
and
after
b)
Explain
the
status
of
the
marriage
by
Baby
in
June
1989,
the
action
had
already
the
time
of
the
marriage.
Since
both
of
them
remain an
valid
except
that isSaid
ifstill
the
donee
incurable,
and both
knewfiled
of their
respective
became
subsequently.
injustice
is a
marriage
ofalien
Sonny
and Lulu
valid
and
serious quarrel,
Marts
a suit
and
prescribed
in June
of
1994.
Although
drugfaith,
addiction
is
between
Sonny
and
Auring.
(2%)
were
Filipinos
at
the time
of thesue
marriage,
the
contracted
the
marriage
in bad
infirmities,
can
Bethel
or
James
for
the
anomaly
of Eva
remaining
married
tosuch
her
subsisting.
obtained
a
divorce
decree
issued
by
the court
SUGGESTED
ANSWER:
SUGGESTED
ANSWER:
a
ground
for
legal
separation
under
Art.
55(5)
and
Art.
divorce
obtained
by
Flor
did
not
capacitate
donations
made
to
said
donee
are
revoked
by
annulment
of
marriage?
husband
who
is of
no divorce
longer obtained
married by
to Lulu
her. in
the
oftheir
Maryland.
Maris then
returned
Since
the
decree
A.
Thestate
marriage
canThe
be fact
annulled,
because
3)
The
spouse
who
contracted
the
57
of the
FC
that the
action
mustArticle
be brought
Virgilio
to remarry.
that Flor
was
operation
ofrequires
law;
Hence,
said
Opinion
makes
26
to
thefaith
Philippines
and
in a civil
ceremony
and
Sony
in
Canada
is
not
recognized
here
in
good
is
not
a
defense
when
the
ground
subsequent
marriage
in
bad
faith
shall
be
within
5
years
from
the
occurrence
of
the
cause.
already
an
alien
at
the
time
she
obtained
theis
applicable
to her
case andbetween
the divorce
celebrated
in
Cebu City according to
the on
the
Philippines,
the
marriage
Sonny
ALTERNATIVE
ANSWERS:
based
upon
disease
Since
Bert had
been
a drug
the time
of the
disqualified
to inherit
fromfrom
the
innocent
divorce does not give Virgilio the capacity to
obtained
abroad
by addict
her
former
Filipino
a)
Yes,
canparty.
validly
remarry.
Art. 26her
of
formalities
of Philippine
law,
she married
SUGGESTED
ANSWER:
and
Auring
is
(Art.
35,
Family
Code)
Any
the
partVirgilio
of
either
4)
If
both
spouses
ofaction
the
subsequent
celebration
of
thevoid.
marriage,
the
forremarry.
legal
spouse
bywould
testate
and
intestate
succession;
remarry
under
Philippine Law.
husband
capacitate
her
to
To
B.
Yes,
the
marriage
can
still
be
annulled
the
FC,
merely
States
the
alien
spouse
without
former
classmate
Vincent
likewise
a
Filipino
marriage
subsequently
contracted
during
the
marriage
acted
in been
badmarriage,
faith all
by
separation
have
brought
notdonations
later
than
23
contract
amust
subsequent
all
she
needs
because
the
fact
that
bothhis
of of
them
taking
into
consideration
or
herare
nationality
citizen.
b)
Was
the
marriage
Maris
and
Marriage;
Donations
by spouse
Reason
of Marriage;
Effect
of
lifetime
of
the marriage
first
shall
be
illegal
and
reason
of
and
testamentary
December
1993.
Hence,
Baby
cannot,
now,
bring
the
to
dosubject
is ofpresent
tothethe
civil registrar
the at
afflicted
with
diseases
the
time
of
the
marriage.
While
his
case is
Pedro
valid
when
celebrated?
Is
their
marriage
Declaration
Nullity
(1996)
void,
only
to
exception
in
the
cases
dispositions
made
bywhen
one inshe
favor
of the for
othera Alternative Answer:
action
for of
legaldivorce
separation.
decree
applies
v.
Bayadog,
G.R.
No.
133778,
March
14,
2000)
does
not
efface
or
nullity
the
ground.
not
covered
by
the
letter
of
Article
26
FC,
it is,
Marriage;
Annulment;
Proper
Party
(1990)
still
valid
existing
now?
Reasons.
c)
Was
the
1)
On
the
occasion
of
Digna's
marriage
to
of
absence
or
where
the
prior
marriage
was
5) revoked
The by
judgment
ofof annulment
the
are
operation
law.13 of the of
B.
No, thecovered
marriage
can
no
longer
bewhen
marriage
license
under
Article
Family
The
marriage
of
Sonny
and
Auring
does
not
however,
by
the
spirit
of
said
Article,
marriage
of
Marts
and
Vincent
valid
D
and
G,
age
20
and
19,
respectively,
and
both
George,
her
father
gave
her
a
donation
propter
dissolved
or
annulled.
(Ninal
marriage, the partition and distribution of the
annulled,
because
fact that
both
were to be
Code.
fall
within
exception.
the
injustice
totheir
thethe
Filipino
spouse
sought
celebrated?
Is
marriage
still
validly
single,
eloped
and
got married
tothe
each
other of
nuptias
of the
aofcar.
Subsequently,
marriage
properties
the
spouses,
andthe
delivery
afflicted
and
that
both
knew
of
their
c)
Explain
the
status
of
the
marriage
cured
bynow?
said
Article
is present
inpoint
this case.
existing
Reasons.
d) At this
in time,
SUGGESTED
ANSWER:
without
parental
consent
in the
case of shall
G, a be
was
annulled
because
of the
psychological
the children's
presumptive
legitimes
respective
infirmities
constitutes
a waiver
of
between
Lulu
and
(2%)
(b)
marriage
of
Maris
and
Pedro
wasSeries
valid
(Department
of Justice
Opinion
No.
134
whoThe
is the
lawful
husband
of Marts?
Reasons.
teenaged
student
of Tirso.
anMay
exclusive
college
immaturity
ofthe
George.
Digna's
fatherforand
recorded
in
appropriate
civil
registry
Marriage;
Annulment;
Judicial
Declaration
(1993)
SUGGESTED ANSWER:
that
ground.
b)
Although
the
marriage
originally
involved
when
celebrated
because
the
divorce
validly
of 1993).
girls.
years
later,
her
wanted
to
44.Three
Family
Code).
revoke
the
and
getparents
back
car?
registers
ofdonation
property,
(Articles
53. the
52,
43. void.
The
marriage
of Lulu
and
Tirso
is also
Maria
and
both
Filipinos,
were married
Filipino
citizens,
it eventually
a
SUGGESTED
ANSWER:
obtained
byLuis,
Johnson
in
Manilabecame
capacitated
seek
judicial
annulment on that ground. You
Explain.
Mere
absence
of
the
spouse
does
not
give
rise
by
a
Catholic
priest
in
Lourdes
Church,
Quezon
No,
Digna's
father
may
not
revoke
the
marriage
between
an
alien
and
a Filipino
after
SUGGESTED
ANSWER:
Maris to marry Pedro. The marriage
of Maris
were
consulted
and asked to prepare the
to
a
right
of
the
present
spouse
to
remarry.
City
in
1976,
Luis
was
drunk
on
the
day
of
his
donation
because
Digna
was
not
in
bad
faith,
SUGGESTED
ANSWER:
Flor
became
a
Canadian
citizen.
Thus,
the
(b) The complaint.
children born
from
the would
union you
of Hgive
and
and Pedro is still validly existing, because the
proper
What
advice
Article
41
of
the
Family
Code
provides
for
a
wedding.
In
fact,
he
slumped
at
the
altar
soon
G
himself
should
file
the
complaint
under
applying
Art.
86(3)
of
the
Family
Code.
divorce
decree
was
one
obtained
by
an
alien
W would
be legitimate
children
if conceived or
marriage has not been validly dissolved by the
G's
parents?
Explain your
answer.
ALTERNATIVE
ANSWER:
valid
only
where
a spouse
after
the
ceremony.
Luis
never
Articlebigamous
45 of
the
Family
and
no longer
spouse
married
to [Art.
a After
Filipino.
Although
nothing
born
before
themarriage
decreeCode,
of
annulment
of the
Maryland
divorce
26,marriage,
Family
Code).
a)
the
donation
is
revocable.
Since
has
been
absent
for
four
years
had
a steady
job because
he
was
drunk
theYes,
parents
because
G 45
is
already
years
ofthe
(c)
The
marriage
of Maris
and
Vincent
voidof
is
said
about
whether
such
divorce
did ismost
marriage
(under
Art.
of consecutive
the 22
Family
Code)
ground
for second
thefinal
annulment
of and
the marriage
is
before
the
marriage
the
present
the
time.because
Finally,
not
get
employed
age. become
ab initio
itremarry,
iscould
a bigamous
marriage
capacitate
Flor tohe
that
fact
may as at
has
and executory
(Art.
54,
G.R.
No.Annulment;
94053,
17, (1995)
1993)
the
psychological
immaturity
of George,
Marriage;
Proper
Party
spouse
had
a March
well-founded
belief
that the
the all
because
of drunkenness.
Hence,
it was that
contracted
by
Maris
during
the
subsistence
of
well
be assumed
since
the problem
states
Family
Code}.
judgment
was
inisthe
nature
of afor
declaration
Yvette was
found
toalready
be
positive
HIV virus,of
SUGGESTED
ANSWER:
absent
spouse
dead.
(Republic
v. Maria
who
had
to
earn
a
living
to
support
her marriage
Pedroshortly
(Art 25after
and 41,
she
married awith
Canadian
obtaining
d)
the
respective
filiation
of
(c)
nullity
TheExplain
under
children
Art.
of
36
the
of
first
themarriage
FC and,
therefore,
shall be
considered
sexually
transmissible,
serious
and
Nolasco,
herself
and her
child
begotten
Luis.
In
Family
Code).
The
marriage
of with
Maris
and
the
divorce.
Hence,
Virgillo
can
marry
again
James,
John
and
Verna.
(2%)
considered
the
donation
legitimate
may
be
revoked
children
under
ifwas
conceived
Art.
86(or
incurable.
Her
boyfriend
Joseph
aware
of1)
1986,
Maria
filed
a
petition
in
the
church
Vincent
does not law,
validly
exist because
Article
under
Philippine
pursuant
to Art. 26.
FC
SUGGESTED ANSWER:
Marriage;
Divorce
Decrees;
Filipino
Spouses
becoming
Alien
born
of
before
FC forthe
the
Judgment
reason
that
of annulment
the
the
has
herthe
condition
and
yet married
her.marriage
After of
two
matrimonial
court
in Quezon
City
to
annul
her
26
does
not
apply.
Pedro
was
not
a
foreigner
at
which
applies
because
Flor
was
already
an
James,
John
and
Verna
are
illegitimate
ALTERNATIVE
ANSWER:
(1999)
marriage
been
judicially
of cohabiting
H and
declared
W has
void
become
ab initio.
final
(2) years
of
with
Yvette,
andand
in his
marriage
with
Luis
on
the
ground
of
the
time
of
his
marriage
with
marts
and
the
alien at the time of the divorce.
children
b)
No, the
since
donation
their cannot
parents be
arerevoked.
not validly
The
Ben
andabroad
Eva were
Filipino
citizens
executory.
bornbeofable
the to
belief that Children
she wouldconceived
probably or
never
psychological
incapacity
to comply
with at
histhe
divorce
(in both
Maryland)
was
initiated
and
married.
Under
165 ofbythe
Family
law
provides
thatArticle
a donation
reason
of
time
of
their
marriage
in
1967,
When
their
subsequent
marriage
shall
likewise
be
bear him a healthy child, Joseph now wants to
marital
obligation.
Her
petition
was
granted
by
obtained
not
by
the
alien
spouse,
but
by
the
Code, children
marriage
may conceived
be revoked
andbyborn
the outside
donor a
if
marriage
turned
sour, Ben
went
to
a small
legitimate
even if the
marriage
of H and Yvette
S be
have his marriage
with
Yvette annulled.
the
church
matrimonial
court.
1)
Can
Maria
Filipino
spouse.
Hence,
the
Maryland
divorce
valid marriage
illegitimate,
unless
among
other cases,are
the marriage
is judicially
country
in
Europe,
got himself
naturalized
null
and the
voidsuit
for contending
failure to comply
with the
opposes
that Joseph
is
nownot
getcapacitate
married
legally
to
man under
did
Marts
toanother
marry
Vincent.
otherwisevoid
declared
provided
ab initio
in this
[par.
Code.
(1) Art. 86. Family
there,
and
then
divorced
Eva
in
accordance
(d)
At
this
point
in
time,
Pedro
is
still
the
requisites
of Article
52 annulment
of the Family
Code
estopped
from
seeking
of
their
Philippine
laws
after
her
marriage
to
Luis was
SUGGESTED
ANSWER:
e)
Who
are
the
heirs
of
Sonny?
Explain.
Code],
when
thethe
marriage
is annulled
and
a) or
To
bear
surnames
of the
father
lawful
with
the
husband
law
of
that
of
Maris
country,
because
Later,
their
he
valid
(Article
53,
Family
Code).
As legitimate
marriage
since
he
knew
even
before
their
annulled
by
the
church
matrimonial
court?
1)
No,
Maria
cannot
validly
contract
a
(2%)
Suggested
answer:
the and
donee
acted
in bad
faith [par. with
(3), Id.].
the
mother
in
conformity
the
returned
to
the
Philippines
with
his
new
wife.
marriage
has
not
been
dissolved
by
any
valid
children,
they
have
the
following
rights;
marriage
that
she
was
afflicted
with
HIV
virus.
Explain.
2)
What
must
Maria
do
to
enable
her
Sonny's
heirs
include
James,
John,
and
Lulu.
subsequent marriage without a court
Since
the
problem
states
that
marriage
SUGGESTED
ANSWER:
provisions
of
the
Civil
Code
onthe
Surnames;
cause
Eva
now
(Art.
wants
26.
Family
to
know
Code)
what
action
or
actions
Can
the
action
of
Joseph
for
annulment
of
his
to
get
married
lawfully
to
another
man
under
Article
887To
of and
the
Civil
Code
provides
that
the
declaration
of Decrees;
nullity Filiation
of the first
marriage.
The
No,
Joseph
knew
that
Yvette
HIV
positive
was
annulled
there
issupport
nowas
intimation
oftheir
bad
b)
receive
from
Marriage;
Divorce
ofalso
Children
(2005)
she
can
file
against
Ben.the
She
wants
to
marriage
with
Yvette
prosper?
Discuss
fully.
ALTERNATIVE
ANSWER:
Philippine
laws?
compulsory
heirs
of
the
deceased
are
among
law
does
not
recognize
church
declaration
at
the
time
of
the
marriage.
He
is,
therefore,
SUGGESTED
ANSWER:
faith
on
the
part
of
the
donee
Digna,
the
parents,
their
ascendants,
and
in
proper
In 1985,
Sonny
and
Lulu,marry
both Filipino
c) Yes, the donation can be revoked. The ground used in dissolving
know
if she
likewise
again. What
others,
his
widow
and
hisimmaturity
illegitimate
children.
of
nullity
of can
athat
marriage.
Considering
Art. 26(2nd
par.)
not
an injured
party.
The
FC
gives
the
right
conclusion
that
the
donor
cannot
revoke
the
cases,
their
brothers
and
sisters,
the marriage
wasis
the
psychological
of George,
whichto
isin
citizens,
were
married
in
the
Philippines.
In to
advice
can
you
give
her?
{5%)
2)
To enable a
Maria
to get
married
lawfully
The
widow
referred
to provisions
in an
887
isCode
the
contemplates
divorce
between
awent
foreigner
annul
thefor
marriage
to
injured
party.
not
a conformity
ground
annulment
marriage.
IfArticle
this
termof
is
equated
with
donation.
withofonly
the
this
1987,
they
separated,
and
Sonny
to
another
man. she
must
a judicial
ALTERNATIVE
ANSWER:
psychological
incapacity
as
used
in Art.to
36 of
the
Family
legal
wife
of
the
deceased.
Lulu
isCode,
stilland
a
and
a Filipino,
who
had obtain
sucha respective
[Art.
c)
(5),
To
FC]
be
entitled
the
legitime
on47
Support;
and
Canada,
where
he obtained
divorce
in the
then
is a ground
forannulment
declaration
of nullity
of
the marriage.
Theitother
action
for
can
prosper
because
declaration
of
nullity
of
the
prior
marriage
compulsory
heir
of
Sonny
because
the
divorce
nationalities
at
the
time
of
their
marriage,
the
successional
rights
grantedlaw.toSince
them same year. He then married another
Filipina,
Consequently,
par.
(1)
of
Art.
86,
FC,
is
the
applicable
SUGGESTED
ANSWER:
the by
prescriptive
period
of
five
(5)
years
has
not
under
Article
36
Family
Code.
obtained
by
Sonny
in
Canada
cannot
be
divorce
in
Europe
will
not
capacitate
the
the
Civilno Code
(Article
Art. 86 of the
FC makes
qualification
as to who 174,
furnishedFamily
the
Auring,
in Canada
on Separation;
January
1,1988.
They
(a) H, or
either Legal
spouse
for that
matter,
Marriage;
Annulment;
Prescription
of can
yet
lapsed.
[Art.
45faith
(6),
FC].
recognized
ininthe
Philippines.
The
Filipino
wife
toJames
remarry.
The
advice
we can
ground
or who was
bad
in connection
with thelegitime
nullification of
of
Code).
had
two
sons,
and
John.
In
1990,
afterthe
marry
again
after
complying
with
Actions
(1996)
each
illegitimate
child shall
Marriage;
Annulment; Grounds
(1991)consist of one-half
give
her ishear
either
to Sonny,
file a petition
for legal
failing
from
married
Tirso,
provisions
Article
52
ofLulu
theto
Family
Code,
Marriage;
Decrees;
Filipino
Spouses
becoming
Alien
Divorce
Void
Marriages
(1992)
2)
Bertto
and of
Baby
were
married
each
other
of
a legitimate
child.
(Art.
176,
Onethe
of thelegitime
grounds Decree;
forof
annulment
of marriage
is that
either party,
separation,
on
the
ground
of
sexual
infidelity
by
whom
she
had
a
daughter,
Verna.
In
1991,
namely,
there
must
be
a
partition
and
(1996)
on
December
23,
1988.
Six
months
later,
she
Family
at the timeCode)
of their marriage was afflicted with a
and
of visited
contracting
a bigamouswhere
marriage
Sonny
the
Philippines
hespouses,
distribution,
of
the
properties
of the
discovered
that
he
was
a
abroad,
or to
a petition
succumbed
tofile
heart
attack..to dissolve the
and
the delivery
of the
conjugal partnership or absolute community of
property as the case maybe.
(iii)
If the husband discovers after the
marriage that his wife has been a prostitute
(iv)
If thegot
husband
has a serious affair
before they
married.
with his secretary and refuses to stop
notwithstanding advice from relatives and
(v)
If the husband beats up his wife every
friends.
time he comes home drunk. 5%
SUGGESTED ANSWER:
(i) Since AIDS is a serious and incurable

sexually-transmissible disease, the wife may
file an action for annulment of the marriage on this
ground whether such fact was concealed or
not from the wife, provided that the disease
was present at the time of the marriage. The
marriage is voidable even though the husband
was not aware that he had the disease at the
(ii)
If of
the
wife refuses to come home for three
time
marriage.
(3) months from the expiration of her contract,
she is presumed to have abandoned the
husband and he may file an action for judicial
separation of property. If the refusal continues for
more than one year from the expiration of her
contract, the husband may file the action for legal
separation under Art. 55 (10) of the Family Code
on the ground of abandonment of petitioner by
respondent without justifiable cause for more
than one year. The wife is deemed to have
abandoned the husband when she leaves the
conjugal dwelling without any intention of
returning (Article 101, FC). The intention not
(iii)
If the
husband
discovers
to return
cannot
be presumed
duringafter
the the
marriage
that
his
wife
was
a
prostitute
before
30year period of her contract.
they got married, he has no remedy. No
misrepresentation or deceit as to character,
health, rank, fortune or chastity shall
constitute fraud as legal ground for an action
for the annulment of marriage (Article 46 FC).
(iv) The wife may file an action for legal separation.
The husbands sexual infidelity is a ground for
legal separation 9Article 55, FC). She may also
file an action for judicial separation of property for
failure of her husband to comply with his
martial duty of fidelity (Article 135 (4), 101,
(v) The wife may file an action for legal separation
FC).
on the ground of repeated physical violence on
her person (Article 55 (1), FC). She may also
file an action for judicial
CIVILCIVIL
LAWLAW
Answers
Answers
to thetoBAR
the BAR
as Arranged
as Arranged
by Topics
by Topics
(Year(Year
1990-2006)
1990-2006)
separation
of property
for failure
the husband
to
the
court
shall uphold
the ofvalidity
and sanctity
the
ofpreceding
only
the
properties
acquired by
Saudi
Arabia to work.Article,
There, after
being
converted
into Islam,
of
themarried
parties through
jointofcontribution
money, of
Ariel
both
Mystica,their
Rosaactual
learned
the secondofmarriage
property, or industry shall be owned by them in common in
Ariel on January 1, 1992 when Ariel returned to the Philippines
proportion to their respective contributions. In the absence, of proof
Marriage;
Non-Bigamous
Marriages
(2006)
file an action for declaration of nullity of the marriage
with
an actionand
for legal
separationshares
on are
to
theMystica.
contrary,Rosa
theirfiled
contributions
corresponding
Marvin,
a Filipino,
and Shelley,
an American,
February 5,to1994,
1) Does
Rosa have
legal
grounds toshall
ask for
if the husbands
behavior
constitute
presumed
be equal.
The same
rule and
presumption
apply
to
jointseparation?
deposits of2)
money
andaction
evidences
of credit.
both
residentsincapacity
of California,
decided
to get
legal
Has the
prescribed?
psychological
existing
at the
time of
married
in theirof
local
parish. Two years after
the celebration
marriage.
SUGGESTED ANSWER:
their
marriage,
Shelley
obtained
a divorce
Marriage;
Grounds; Nullity;
Annulment;
Legal
Separationin
1) a) Yes, the abandonment of Rosa by Ariel
California.
While in Boracay, Marvin met
(1997)
for more than
one (1) year is a ground for
SUGGESTED
ANSWER:
Manel,
a Filipina,
who was
vacationing
there.
Under what
conditions,
respectively,
may
drug
C.
It
should
be
distinguished
when theto the
legal
separation
unless upon returning
Marvin
fellbeinalove
withifher.
After
brief
addiction
ground,
at all,
(a)afor
a
property
was
acquired.
Philippines,
Rosa
agrees
to
cohabit
with Ariel
courtship
and
with
all the contract,
(b)
for an annulment
marriage
declaration
of complying
nullity of the
marriage,
If
it
was
acquired
before
Mary's
which
is
allowed
under
the
Muslim
Code.
In
requirements,
they
got
married
in
Hongkong
to
and (c) for legal separation between the
SUGGESTED
ANSWER:
death,
the
estate
of
Mary
is
entitled
to
this
case,
there
is
condonation.
b)
Yes.
The
SUGGESTED
ANSWER:
avoid
publicity,
it
being
Marvin's
second
spouses?
Yes.
The marriage
will
notoffall under Art. 35(4)
1/2 of the
of James.
contracting
of ashare
subsequent
bigamous
(a)
Declaration
nullity
marriage.
Is his of
marriage
to Manel valid?
of
the
Family
Code
on
bigamous
marriages,
If
it
was
acquired
after Mary's
1)
The
drug
addiction
must
amount
to
marriage
whether
in
the
Philippines
or abroad
marriage:
Explain. (5%)
provided
that Shelley
obtained
an absolute
death, for
there
willseparation
be no share
at all
for
psychological
incapacity
to comply
with
is a ground
legal
under
Article
divorce,
capacitating
her to remarry
under her
estate
of Mary.
the essential
obligations
of marriage;
55(7)the
of the
Family
Code. Whether the second
SUGGESTED ANSWER:
national
law.
Consequently,
the marriage
2)
It must
be antecedent
(existing at
marriage is valid or not, Ariel having
2) No. Under Article 57 of the Family Code,
between
Marvin
and
Manel
may
be
valid
as
the time of marriage), grave and incurable:
converted into Islam, is immaterial.
the aggrieved spouse must file the action
long3)as it was
solemnized
and
valid
in
The case must be filed before
within five (5) years from the occurrence of the
accordance
theBecause
laws of Hongkong
August 1,with
1998.
if they got [Art.
Marriage;
Property
Relations;
Void
Marriages
(1991)
cause. The subsequent marriage of Ariel could
26, married
paragraphs
1 and
2, Family
Code].
before
August
3, 1998,
it must be
In June
1985,
James
married
Mary.
In
not have occurred earlier than 1990, the time
filed before August 1, 1998.
September
1988,
he
also
married
Ophelia
he went to Saudi Arabia. Hence, Rosa has until
(b)
Annulment of the Marriage Contract: 1)
with
whom
he
begot
two
(2)
children,
A
and
B.
1995 to bring the action under the Family
The drug addiction must be concealed; 2) It
Marriage;
In
July
1989,
Mary
died.
In
July
1990,
he
Code. Legal Separation; Mutual guilt (2006)
must exist at the time of marriage; 3) There
Saul, a married man, had an adulterous
married
Shirley
and abandoned
Ophelia,
should be
no cohabitation
with full
relation with Tessie. In one of the trysts, Saul's
During
their union.
Ophelia
knowledge
of theJames
drug and
addiction;
4) The
wife, Cecile, caught them in flagrante. Armed
Ophelia
sues
James
for
bigamy
and
prays
that
acquired
residential
P300,000.00.
case isa filed
within lot
fiveworth
(5) years
from
with a gun, Cecile shot Saul in a fit of extreme
his marriage
with
Shirley
be
declared
null
and
discovery.
jealousy, nearly killing him. Four (4) years
void. James, on the other hand, claims that
after the incident, Saul filed an action for legal
since
his marriage
to 1)
Ophelia
contracted
(c) Legal
Separation;
Therewas
should
be no
(1)
If you were
Saul's
counsel,
how will
separation
against
Cecile
on the ground
that
during
the existence
of his
marriage
with
condonation
or consent
to the
drug addiction;
you
argue
his
case?
(2.5%)
she
attempted
to
kill
him.
Mary,
former
is be
notfiled
binding
upon
2) Thethe
action
must
within
fivehim,
(5) the
SUGGESTED ANSWER:
same
void
ab initio he
claims
years being
from the
occurrence
offurther
the cause.
As the counsel of Saul, I will argue that an
that his marriage to Shirley is valid and
attempt by the wife against the life of the
binding
he was
already arises
legallyduring
capacitated
3) as Drug
addiction
the
husband is one of the grounds enumerated by
at the
time heand
married
Is the
contention
marriage
not ather.
the a)
time
of marriage.
the Family Code for legal separation and there
and
Ophelia?
c)
Is
the
estate
of
Mary
entitled
of James correct? b) What property Relations
is no need for criminal conviction for the
to
a
share
in
the
Marriage; Legal
governed
theSeparation;
union ofDeclaration
James of Nullity (2002)
ground to be invoked (Art. 55, par. 9, Family
residential
lot
acquired
by
James
and
If drug addiction, habitual alcoholism,
(2)
If you were the lawyer of Cecile, what
SUGGESTED
ANSWER:
Code).
Ophelia?
lesbianism
or homosexuality should occur only
A. Yes. His marriage to Ophelia is void ab initio
will be your defense? (2.5%)
during the marriage, would this constitute
SUGGESTED ANSWER:
because of his subsisting prior marriage to
grounds for a declaration of nullity or for legal
As the counsel of Cecile, I will invoke the
Mary. His marriage to Shirley, after Mary's
separation,
or would they render the marriage
adultery of Saul. Mutual guilt is a ground for
ALTERNATIVE
ANSWER:
death,
is valid
and binding.
SUGGESTED
ANSWER:
voidable?
the dismissal of an action for legal separation
A. No. The(1%).
contention of James is not correct.
In accordance with law, if drug addiction,
(Art. 56, par. 4, Family Code). The rule is
Art. 40, Family Code, provides that the
habitual alcoholism, lesbianism or
"absolute nullity of a previous marriage may be anchored on a well-established principle that
homosexuality should occur only during the
one must come to court with clean hands.
invoked for purposes of remarriage on the
marriage, they: a) Will not constitute as ground (3) If you were the judge, how will you
basis
solely
of
a
final
judgment
declaring
such
(Art.
36, Family Code);
b) Will constitute as grounds
for declaration
of nullity
decide the case? (5%)
previous
marriage
void."
It can
said,
for legal separation
(Art.
56, FC)
andbe
c) will
not
SUGGESTED ANSWER:
therefore,
that
the
marriage
of
James
to
constitute as grounds to render the marriage voidable
If I were the judge, I will dismiss the action on
Shirley
is 46,
void
since his previous marriage to
(Art.45and
FC)
the ground of mutual guilt of the parties. The
ALTERNATIVE ANSWER:
Ophelia, although itself void, had not yet been
Philippine Constitution protects marriage as an
A. No. The contention of James is not correct.
judicially declared void,
inviolable social institution (Art. XV, Sec. 2,
He cannot set up as a defense his own criminal
Marriage;
Legal Separation; Grounds; Prescriptive Period
1987 Constitution). An action for legal
act or wrongdoing(1994)
separation involves public interest and no such
SUGGESTED
Rosa and ArielANSWER:
were married in the Catholic Church of Tarlac,
decree should be issued if any legal obstacle
B.
The on
provisions
148 In
of 1990,
the Family
Tarlac
Januaryof5.Art
1988.
Ariel Code,
went toshall govern: Art.
thereto appears on record. This is in line with
comply v.
with
his marital
duty
of mutual
respect
marriage
(Brown
Yambao,
G.R. No.
L-10699,
October
18,
1957).
(Article 135 (4), Article 101, FC). She may also
148. In cases of cohabitation not falling under
the policy that in case of doubt,
Marriage;
Psychological
Incapacity (2006)
(d)
Failure
of the solemnizing
officer to file the
Gemma filed
a petition
fornot
theaffect
declaration
of
affidavit
of marriage
did
the validity
nullity
her marriage
Arnell
the
of
the of
marriage.
It is with
merely
an on
irregularity
groundmay
of psychological
alleged
which
subject the incapacity.
solemnizingShe
officer
to
ALTERNATIVE
that after 2ANSWER:
months of their marriage, Arnell
sanctions.
Considering
the solemnizing
has no
showed signsthat
of disinterest
in her,officer
neglected
authority
to
perform
the
marriage
because
her and went abroad. He returned to the
under
Art. after
7 the
law but
authorizes
onlygetthe
Philippines
3 years
did not even
airplane
chief,
the
marriage
is
void,
hence,
a,
in touch with her. Worse, they met several
c,
and
d
are
immaterial.
times in social functions but he snubbed her.
Marriage; Requisites (1999)
When she got sick, he did not visit her even if
What is the status of the following marriages and
he knew of her confinement in the hospital.
(a)
why? A marriage between two 19-year olds
Meanwhile, Arnell met an accident which
without parental
SUGGESTED
ANSWER:consent, (2%)
disabled
fromwill
reporting
for work
No,
suit
not prosper.
Evenand
if taken
(b) Gemma's
A him
marriage
between
two
21-year
olds
earning
a
living
to
support
himself.
Will do not
as
true, the
grounds,
singly(2%)
or collectively,
without
parental
advice.
Gemma's
suit
prosper?
Explain.
(5%)
constitute
"psychological
incapacity."
In Santos
(c)
A marriage
between
two Filipino
first v.
ALTERNATIVE ANSWER:
None of them are necessarily psychologically

incapacitated. Being a nagger, etc. are at best
only physical manifestations indicative of
psychological incapacity. More than just showing
the manifestations of incapacity, the petitioner
must show that the respondent is incapacitated
to comply with the essential marital obligations
of marriage and that it is also essential that he
must be shown
to be incapable ofG.R.
doing
so due to
(Republic
v. Quintero-Hamano,
No.
some psychological,
not physical illness
149498,
May 20, 2004).
ALTERNATIVE ANSWER:
A congenital sexual pervert may be

psychologically incapacitated if his perversion
incapacitates him from discharging his marital
obligations. For instance, if his perversion is
of such a nature as to preclude any normal
sexual
activity withIncapacity
his spouse.
CA,
G.R.
No.
112019,
January
4,
1995
,
the
cousins in Spain where such marriage is valid.
Marriage;
(1996)
Marriage; Psychological
Requisites (1995)
Supreme
(d)
A Court
marriage
clearly
between
explained
two that
Filipinos in
(2%)
On
April
15,
1983,
Jose,
an
engineer,
andof
Isidro and Irma, Filipinos, both
18 years
"psychological
incapacity
must
be characterized
Hongkong before
a notary
public.
(2%)
Marina,
a
nurse,
were
married
to
each
in
age, were passengers of Flight No. 317other
of
(e)(a) gravity,
A v.marriage
solemnized
by a town
by
(b) juridical
antecedence,
and
(Ferraris
Ferraris,
G.R. No.
162368,
July
17,(c)
a
civil
ceremony
in
Boac.
Marinduque.
Six
Oriental Airlines. The plane they boarded was
incurability"
mayorChoa
three
away
from
his jurisdiction,
2006;
v. towns
Choa, G.R.
No.
143376,
November
months
after registry.
their marriage,
Jose
wasfrom
of Philippine
While en
route
(2%)
26,
2002). The illness must be shown as
employed
in
an
oil
refinery
in
Saudi
Arabia for
Manila to Greece some passengers hijacked
downright incapacity or inability to perform one's
a
period
of
three
years.
When
he
returned
to
the plane, held the chief pilot hostage at the
marital obligations, not a mere refusal, neglect,
the
Philippines,
Marina
was
noinstead
longer living
in
cockpit
and
ordered
him
to
fly
to
Libya.
difficulty or much less, ill will. Moreover, as ruled
their
house,
but
in
Zamboanga
City,
working
During the hijacking Isidro suffered a heart in
in Republic v. Molina, GR No. 108763, February
a
hospital.
her
to come
home,
but
attack
and He
wasasked
on the
verge
of death.
Since
13, 1997, it is essential that the husband is
she
refused
to
do
so,
unless
he
agreed
not
to
Irma was already eight months pregnant by
(Antonio
Reyes, G.R.
No. 155800,
March 10, 2006;
capable ofv.meeting
his marital
responsibilities
work
overseas
anymore
because
she
cannot
v.
Quintero-Hamano,
G.R.
No.
149498,
May 20,
Republic
Isidro, she pleaded to the hijackers to allow
due
to psychological and
not
physical
illness
stand
living alone.
Hesolemnize
could nother
agree
as in
2004). Furthermore, the condition complained
the assistant
pilot to
marriage
fact,
he
had
signed
another
three
year
of did not exist at the time of the celebration
with Isidro. Soon after the marriage, Isidro
contract.
When
he returned
could
of marriage.
expired. As
the plane
landedin
in1989,
Libyahe
Irma
not
locate
Marina
anymore.
In
1992,
Jose
Marriage; Psychological Incapacity (2006)
gave birth. However, the baby died a few filed
an
actionafter
served
by publication
a newspaper
Article 36 of the Family Code provides that a marriage
minutes
complete
delivery.in
Back
in the
contracted by any party who, at the time of the
of
general
circulation.
Marina
did
not
file any
Philippines Irma immediately filed a claim
for
celebration, was psychologically incapacitated to
answer,
a possible
collusion
between
the her
inheritance.
The parents
of Isidro
opposed
comply with the essential marital obligations of
parties
was
ruled that
out by
Public Prosecutor.
SUGGESTED
ANSWER:
claim contending
thethe
marriage
between
marriage, shall be void. Choose the spouse listed below
Trial
was
conducted
and
Marina
neither
As judge,
I willwas
not void
grantab
the
annulment.
her
and Isidro
initio
on
the The
who is psychologically incapacitated. Explain. (2.5%) a)
appeared
nor
presented
evidence
her favor.
facts do not
show
any
of
personality
following
grounds:
(a) taint
they
had
notingiven
their
Nagger b) Gay or Lesbian c) Congenital sexual pervert
If
you
were
the
judge,
will
you
grant
the
disorderto
onthe
themarriage
part of the
wife
Marina
so
as to
consent
of
their
son;
(b)
there
1.
Resolve each
of the contentions ([a] to [d])
d) Gambler e) Alcoholic SUGGESTED ANSWER: The best
annulment.
Explain.
lend
substance
tolicense;
her husband's
averment of
was
no
marriage
(c)
the
solemnizing
raised by the parents of Isidro. Discuss fully.
answers are B and C. To be sure, the existence and
psychological
within
the the
meaning of
officer hadANSWER:
no incapacity
authority to
perform
SUGGESTED
concealment of these conditions at the inception of
Art
36
of
the
Family
Code.
In
Santos
vs. CA
1.
(a) Theand,
fact (d)
that
the
parents of Isidro
and
marriage;
the
solemnizing
officer
did
marriage renders the marriage contract voidable (Art.
(240
SCRA
20)
,
this
particular
ground
forproper
of
Irma
did
not
give
their
consent
to
not
file
an
affidavit
of
marriage
with
the
46, Family Code). They may serve as indicia of
nullity
of marriage
was the
heldmarriage
to be limited
only
marriage
did not make
void ab
civil registrar.
psychological incapacity, depending on the degree and
to
the
most
serious
cases
of
personality
initio. The marriage is merely voidable under
severity of the disorder (Santos v. CA, G.R. No. 112019,
disorders
(clearly
Art
45 of the
FC. demonstrative of utter
Jan. 4, 1995). Hence, if the condition of homosexuality,
sensitivity
or of
inability
to give
meaning
and
(b)
Absence
marriage
license
did not
make
lesbianism or sexual perversion, existing at the
significance
to
the
marriage.
Marina's
refusal
the
marriage
void
ab
initio.
Since
the
inception of the marriage, is of such a degree as to
to come home
to her husband
unless mortis,
he agreed
marriage
was solemnized
in articulo
it
prevent any form of sexual intimacy, any of them may
not
to
work
overseas,
far
from
being
indicative
was
exempt
from
the
license
requirement
qualify as a ground for psychological incapacity. The
of an insensitivity
to FC.
the meaning of marriage,
under
Art. 31 of the
law provides that the husband and wife are obliged to
(c)
the assumption
that the
assistant
pilot
or ofOn
a personality
disorder,
actually
shows
a
live together, observe mutual love, respect and fidelity
was
acting
for
and
in
behalf
of
the
airplane
sensitive
awareness
on
her
part
of
the
marital
(Art. 68, Family Code). The mandate is actually the
chief
who
under as
disability,
reason
duty to
livewas
together
husbandand
andbywife.
spontaneous, mutual affection between the spouses. In
of
the
extraordinary
and
exceptional
Mere
refusal
to
rejoin
her
husband
when
he
the natural order it is sexual intimacy which brings the
Mere intention to live apart does not fall under
circumstances
of
the
case
[ie.
hostage
did
not
accept
the
condition
imposed
by
her
spouses wholeness and oneness (Chi Ming Tsoi
Art. 36, FC. Furthermore, there is no proof that
situation),
the marriage
was
by
an
does
not furnish
any basis
forsolemnized
concluding
that
the alleged
psychological
incapacity
existed
at
authorized
officer from
underpsychological
Art. 7 (3) and Art. 31.
she
was
suffering
the time of the marriage.
of
the FC. to discharge the essential marital
incapacity
v. CA, G.R. No. 119190, January
Page 30 of 119
16,1997).
obligations.
ALTERNATIVE
ANSWER:
[Art. college,
under
from
35(1),
Article
Family
A35and
(2),
Code].
B FC.
decided
In
Thethat
to
fact
break
case,
thattheir
the
Ric party
was
relation
Under
This
Philippine
not
in is Article
different
Law,
213
his
from
of
marriage
the
the Family
casetoofAnne
Code,
Ninl
isno
V.
void
Bayadog,
child
because
under
If
the
two
Filipinos
good
faith
prior
marriage
which).believed
was
notseparated
dissolved
by thefrom
divorce that
(328
is
parted
of
acting
herfaith
real
ways.
under
age
Both
is
a mistake
immaterial.
went home
of fact,
to their
not a mistake
SCRA
years
of
122
age
[2000]
shall
be
In
thein said
case,
the
the
good
and
aware
7
of
aexisting
decreed
in Oslo. Divorce
obtained
abroad by a Filipino
is not
the
Notary
Public
is court
authorized
tocompelling
solemnize
of law,
respective
towns to live and work. 1) Was the
situation
mother
unless
occurred
the
during
the
finds
Relations
of the
recognized.
marriage,
then
the
marriage
is
valid.
2) Would
your
answer
be the same
it should
marriage
of A and
B solemnized
on ifAugust
30,
new
reasons
Civil
toCode
orderwhere
otherwise.
Article 76
clearly
(3)
Suppose
Ric
himself
procured
the (1)
Explain
the
rationale
of thereof
this provision.
SUGGESTEDthat
ANSWER:
turn
that
thecertificate
marriage
1988out
by the
town
mayor of license
X
hiswas
office aJuliet (2.5%)
provides
during the five-year cohabitation,
falsified
birth
toinpersuade
SUGGESTED
The
rationale
oflonger
the
paragraph
of Article
SUGGESTED
ANSWER:
If
Boni
was
no
a Filipino
citizen,
spurious?
Explain.
valid
marriage?
your
answer.
2) Can
partiesANSWER:
must
be2nd
unmarried.
This
isthe
not213
so
to
marry
him Explain
despite
her
minority
and the
(e)
the
Local
Government
Code,
aa
No,
theoranswer
would
not
be themarriage
same. The
of
the Under
Family
Code
is to
avoid
theChange
tragedy
divorce
is
valid.
Hence,
his
marriage
to
Anne
is
either
both
of
them
contract
with
anymore
in
the
Family
Code.
The
inofthe
assured her that everything is in order. He town mayor may validly solemnize a marriage
mother
who
seesisher
baby
torn away
from
her.
marriage
would without
be void committing
because of the
valid if celebrated
in
accordance
thesecond
law It
another
Code
significant.
Ifwith
the
did
not person
divulge
to her his priorbigamy?
marriage Family
but
said
law
is
silent
as
to
the
territorial
limits
is
said
that
the
maternal
affection
and
care
during
absence
of
a
formal
requisite.
In
such
a
case,
of the place
where itbefore
was celebrated.
Since
Explain
yourWhat
answer.
occurred
the effectivity
ofthe
the
with
Gigi.
action, if any, can Juliet marriage
for
the exercise
by child
a town
mayor
ofneeded
such
the
early
years
of the
are generally
there
was ANSWER:
actually
valid
marriage
license.for
SUGGESTED
ANSWER: no
Juliet
can
file
an
action
marriage
was
celebrated
aboard
a
vessel
of
Family
Code,
the
answer
would
that
be
that
the
take
against
him?
Explain.
Marriage;
Requisites;
Marriage
License
(2002)marriage
authority.
However,
by
analogy,
with
the
1)
marriage
of A
and
Bof
is (2.5%)
void
because the
by
the
child
more
than
paternal
care
(Hontiveros
v.
IAC,
G.R.
No.personality
64982,
23,
B.
Does
Sotero
have
the
to seek
theThe
declaration
of
nullity
the
on
Norwegian
Norwegian
law October
applies.
If
marriage
is registry,
void.
authority
of
members
of
the
Judiciary
On
1, 1978
married
Petra,
by or
solemnizing
officer
no
legal
authority
to
1984;
Tolentino,
Commentaries
and
the
declaration
of
nullity
of
the
marriage,
the May
ground
thatFacundo
hehad
willfully
caused
loss
the Ship Captain has authority to solemnize to
solemnize
a now
marriage,
itship,
would
the
whom
son
Sotero.
Petra
on
solemnize
thea
But
if either
orJuly
both
Jurisprudence
on the
Civil
Code,
Volume
One,
especially
that
Facundo
is that
already
injury he
to had
her
inmarriage.
a manner
that
isdied
contrary
to
the marriage
aboard
his
theseem
marriage
is
mayor
did
not
have
the
requisite
authority
to
SUGGESTED
ANSWER:
1,
1996,
while
Facundo
died
on
January
1,
parties
believed
in
good
faith
that
the
pp.
718-719).
The
general
rule
is that a child
deceased?
Explain.
(3%)
morals, good customs and public policy [Art.
valid
and shall
be recognized
in the
B.
A
void
marriage
may
be
questioned
by
any
solemnize
a
marriage
outside
of
his
territorial
2002.
Before
his
demise,
Facundo
had
married,
solemnizing
officer
had
the
legal
authority
to
As
to
the
second
question,
if
Boni
is
still
a
below
7 years old shall not be separated from
21, New Civil Code]. She may also bring
Philippines.
interested
party
any
proceeding
the
jurisdiction.
Hence,
the
marriage
is loving
void,
on
July
2002,
Quercia.
Having lived
together
do
so, 1,
theactions
marriage
voidable
because
the
Filipino,
Anne
can
file
an
action
his
mother
due
toinhis
basic
needfor
for where
her
criminal
for isseduction,
falsification,
resolution
of
the
issue
is
material.
Being
a
unless
it
was
contracted
with
either
or
both
as
husband
and
wife
since
July
1,
1990,
marriage
between
the
parties,
both
below
21
declaration
of
nullity
of
her
marriage
to
him.
care
(Espiritu
v.
C.A.,
G.R.
No.
115640,
March
illegal marriage and bigamy against Ric.
ALTERNATIVE
(2)
Givebelieving
atANSWER:
leastSoterro
3 good
examples
of
"compelling
compulsory
heir,
has
the
personality
to
parties
in
faith
that
the
mayor
Facundo
Quercia
did
not secure
a
years
of and
age,
was
the
15,1995).
(4)
If you
were
the solemnized
counsel
forwithout
Gigi,
what
The marriage
is justify
valid. the
Under
the Local
reasons"
which
taking
away
question
the
validity
thesolemnize
marriage
of
Marriage;
Marriages
(2006) of to
had theVoidlegal
authority
this
marriageoflicense
but executed
the
requisite
consent
the parents.
(Art.to35,
par. (2) and
and
action/s
will
you
take
enforce
Government
Code,
the
authority
of
a
mayor
to
from
the
mother's
custody
of
her
child
2)
Either
or
both
of
the
parties
cannot
contract
Facundo
and
Quercia.
Otherwise,
his
Gigi
and
Ric,
Catholics,
got
married
when
they
particular
marriage
(Art
35,
par
2
Family
affidavit
for (1),
the
purpose.
To ensure
that his
Art.
45 par.
Family
Code)
protect
her
interests?
Explain.
(2.5%)
SUGGESTED ANSWER:
solemnize
marriages
is
not
restricted
within
his
under
7 years
of
(2.5%)
marriage
the are
another
SUGGESTED in
ANSWER:
IPhilippines
would
file with
an affected
action
to
participation
inold.
theage.
estate
on
Facundo
were
Their
waswould be
Code).
inheritance
rights
not adversely
a.18 years
The
mother
ismarriage
insane
municipality
implying
that
he has (Sempio-Diy,
the authority
person
without
committing
bigamy,
unless
declare
the
marriage
between
Juliet
and
Ric
affected.
(Ninl
V.
Bayadog,
328
SCRA
122
solemnized
on
August
2,
1989
by
Ric's
uncle,
a
by his father second marriage, Sotero now
Handbook
on
the Family
Code
of the
even
outside
the
territory
thereof.
Hence,
the
Marriage;
Requisites;
Solemnizing
Officers
(1994)
SUGGESTED
ANSWER:
there
is
compliance
with
the
requirements
of
null
and
void
ab
initio
and
for
Ric's
share
in
[2000]
).
Baptist
Minister,
in
Calamba,
Laguna.
He
brings
a marriage
suit to seek
avoidable.
declaration
ofconsent
the nullity
1 complete
Philippines,
The
pp.
296-297)
is sick;of
with
aFamily
disease his
marriage
he mother
solemnized
(a)
The
isof
The
of
1}
The
publication
theoutside
Article
52 Family
Code,
namely:
there
must
thethe
co-ownership
that
marriage
to be
overlooked
the fact
that his
license
to
of
marriage
of
Facundo
and
Quercia,
that
is
communicable
and
might
endanger
municipality
is valid.
And 4,
even
assuming
that
the
parties oftoannulment
the marriage
was defective.
Code
was made
on August
1987.
On before
a
judgment
or aabsolute
nullity
of
forfeited
in
and considered
part
of the
solemnize
marriage
expired
the
month
grounded
onfavor
the
absence
of
valid
marriage
the
health
andislife
of
the
child;
his
authority
restricted
within
his
Being
below
21
years
old,
the
consent
of
the
September
4,
1987,
Junior
Cruz
and
Gemma
the
marriage,
partition
distribution
of the
absolute
community
in and
the
marriage
between
and 2
that the
parties
do has
not been
belong
to his
license.
Quercia
that
there was
The
mother
municipality,
such
marriage
willmaltreating
nevertheless,
parties is
not
fullcontends
without
the
consent
of no
their
Reyes
were
married
before
a
municipal
mayor.
properties
of
the
spouses
and
the
delivery
of
Gigi and
[Arts. 148
& 147,
Family
I
congregation.
After 5 years of married life and
need
for aRic
marriage
license
in view
for Code].
her
the
be
valid
becausevalid?
solemnizing
thethemarriage
parents.
The
consent
of for
the
parents
of
the
Was
thechild;
marriage
2) Suppose
couple
their
presumptive
legitimes,
which
wouldchildren's
also
file
an
action
damages
against
blessed
with
2 children,
the
spouses
developed
having
lived
continuously
with
Facundo
for
five
3
The
mother
is
engaged
in
outside
said
municipality
is
a
mere
irregularity
parties
to
the
marriage
is
indispensable
for
its
A.
Is
the
marriage
of
Facundo
and
Quercia
got
married
on
September
1,
1994
at
the
shall
be
recorded
in
the
appropriate
Civil
Ric
onbefore
theANSWER:
grounds
that his and
actsthat
constitute
an
irreconcilable
differences, so they parted ways.
SUGGESTED
years
their
marriage
has
prostitution;
applying
by before
analogy
the
case ofConsul
Navarro v
validity.
valid,
despite
the
absence
of
a marriage
marriage
Manila
Hotel
Philippine
Registry
and
Registry
of the
Property,
otherwise
(b)
Between
21-year
olds,
is
valid
abuse
of
right
and
they
are
contrary
to
law
While
separated,
Ricthe
fell
in
love with
Juliet, a
Sotero
has
no
legal
personality
to
seek
a
4
The
mother
is
engaged
in
ALTERNATIVE
ANSWER:
SUGGESTED
ANSWER:
Domagtoy,
259
Scra
129
.
In
this
case, the
license?
Explain.
(2%)
General
to
Hongkong,
who
was
on
vacation
the
same
shall
not
affect
third
persons
and
the
despite
the
absence
of marriage
parental
advice,
and
morals,
causing
damages
to
Gigi since
(See
Arts
16 year-old
sophomore
in a local college andina
declaration
of
nullity
of
the
adulterous
relationship;
2) The
Yes,
they
can.
The
subsequent
marriage
A.
marriage
with
Quercia
is
void.
The
Supreme
Court
held
that
the
celebration
by a
Manila.
The
couple
executed
an
affidavit
subsequent
marriage
shall
be is
null
void.
because
absence
merely
an
19,
20, 21,
New
Civil
Code).
Seventh-Day
Adventist.
decided
to get
Facundo
issuch
now
deceased.
SUGGESTED
5 of aANSWER:
The
mother
isThey
a drug
addict;
contracted
by
one
of
the
parties
not
give
exemption
from
the
requirement
ofwill
a and
marriage
judge
marriage
outside
the
jurisdiction
of
Marriage;
Void
Marriages;
Psychological
Incapacity
(2002)
consenting
to
the
celebration
of
the
marriage
(Arts.
andaffecting
53.
Family
Code)
irregularity
athe
formal
requisite
i.e.,
married
with
the
consent
Juliet's
parents.
1) 6
a) Yes,
the
marriage
valid. that
The
Family
The
mother
is aofis
habitual
drunk
rise
to52
bigamy
even
absence
of aofcourt
license
under
Art,
34,inFamily
Code,
requires
his
court
is
aHotel.
mere
irregularity
didornot
A.
Give
a
brief
definition
or
explanation
the
at
the
Manila
Is
the
marriage
valid?
the
marriage
license
and
does
not lived
affect The
the
She
presented
to him
birth certificate
Code
took
on a
August
1988.marriage
At the
an
alcoholic;
declaration
nullity
of
the
first
marriage.
that
manofand
woman
must
have
affect
theeffect
validity
of 3,the
termthe
psychological
incapacity
as is
a ground
validity
of
the
marriage
itself.
This
without
showing
she
is
18
years
old.
Ricor
never
doubted
time
of
the
marriage
on
September
4,
7
The
mother
is
in
jail
serving
subsistence
of
a
prior
valid
marriage
is
an
together
as
husband
and
wife
for
at
least
five
notwithstanding
ArticleLicense
7 the
of (1996)
the
Family1987,
Code
for the declaration
of nullity
ofcriminal,
a marriage.
What
is the
status
of
marriage
Marriage;
Marriage
prejudice
toelement
the
civil,
or (1)
her
age Requisites;
much
less
the authenticity
of her birth
municipal
mayors
were
empowered
to
sentence.
indispensable
of
the
crime
of
bigamy.
years
and
without
any
legal
impediment
to
B.
If
existing
at
the
inception
of
marriage,
which
provides
that
an
incumbent
member
(2%)
between
Gigi
and
Ric
valid,
voidable
or of
On
Valentine's
Day
1996,
Ellas
and
Fely,
both
administrative
liability
of
the
party
responsible
certificate.
They
got
married
in
a
Catholic
solemnize
marriage
under
the
Civil
Code
of
The prior
court
declaration
offive
nullity
ofThe
the
marry
each
otherof
during
years.
SUGGESTED
SUGGESTED
ANSWER: (2.5%)
Even
if the Minister's
license
would
the ANSWER:
state
beingthose
of unsound
mind
or
the
judiciary
is of
authorized
toConsuls
solemnize
void?
Explain.
single
and
25
years
age,
went
to
the
city
2)
a)
The
marriage
is
not
valid.
and
therefor.
church
in
Manila.
A
year
after,
Juliet
gave
birth
1950.
firstBy
marriage
required
by
thethe
Family
Code marriages
cohabitation
of is
Facundo
and
Quercia
for
six
(c)
reason
of
public
policy,
marriage
expired, theonly
marriage
isthe
valid
if either or both
the
concealment
of
drug
addiction,
habitual
within
hall
where
they
sought
outcourts
a fixerjurisdiction.
to help them
vice-consuls
are
empowered
to
twins,
Aissa
and
Aretha.
only for
the
purpose
of
the
of the
years
from
1990
to
July
1, 1996
when
Petra
between
Filipino
first
cousins
void [Art.
38,
Gigi
and Ric
believed
in good faith to
that solemnize
he had
alcoholism,
homosexuality
or isvalidity
lesbianism
be
obtain
a
quickie
marriage.
For
a
fee,
the While
fixer
marriages
between
Philippine
citizens
subsequent
marriage,
not
as
an
element
of
the
died
was Family
one with
a legaland
impediment
hence,
par.
(1),
Code],
the psychological
fact that
it is
the legal authority to solemnize marriage. abroad
considered
indicia
of
Marriage;
Void
Marriages
(2004)
produced
an
ante-dated
marriage
license
in
the
consular
office
of
the
foreign
country
SUGGESTED
ANSWER:
crime
bigamy.
not
in of
compliance
with
the requirement
of law.
the authority of the solemnizing officer is a for to
considered
a valid
marriage
in a foreign
incapacity?
Explain.
(2%).
them,
byof
the
Civil Registrar
of no
a small
A.
BONI
and
ANNE
met
while
working
they were
assigned
and
power
A.
PSYCHOLOGICAL
INCAPACITY
is a which
formal Issued
requisite
marriage,
and have
at least
one
of
On
other
the cohabitation
thereafter
country
inhand,
this case,
Spain
does
not validate
ALTERNATIVE
ANSWER:
remote
municipality.
He
then
brought
them
to
overseas.
They
became
sweethearts
and
got
to
solemnize
marriage
on
Philippine
soil.
mental
disorder
of
the
most
serious
type
the parties must belong to the solemnizing
until
the
marriage
on
July
1,
2000,
although
it,
being
an
exception
to
the
general
rule
in
The
marriage
of
Facundo
and
Quercia
is
VALID.
b)
A
Philippine
consul
is
authorized
by
law
to
a
licensed
minister
in
a
restaurant
behind
the
engaged
to
be
married
on
New
Years
Eve
showing
the
incapability
of one
both
spouses
officer's church, the law provides that the good
free
from
legal
impediment,
didor
not
meet
the to
Art. second
96 of
said
Code was
which
accords
validity
The
marriage
solemnized
on
July
1,
solemnize
marriages
abroad
between
Filipino
city
hall,
and
the
latter
solemnized
their
aboard
a
cruise
ship
in
the
Caribbean.
They
ALTERNATIVE
ANSWER
to
the
essential
marital the
obligations
of (Art.
faith
of
parties
cures
the defect
in the lack
of
35the
par.
2, Family
Code;
Sempio-Diy,
p. 34;
5-year
cohabitation
requirement.
all comply
marriage
solemnized
outside
Philippine
SUGGESTED
ANSWER:
2000,
when
the
Family
code
was
already
citizens.
He
has
noPersons
authority
toFamily
solemnize
a
The marriage
itcohabitation,
void. Under
Article
96
ofYork
the Rabuya,
marriage
right
there
and
then.
1)
Is their
took
the
proper
license
to marry
in New
love,
respect,
mutual
help
and
The
Law
on
and
authority
of
the
solemnizing
officer
x
x
x
and
valid
there
as
such.
The
marriage
is
valid.
The
irregularity
in
the
affective.
The
family
code
took
effect
on
August
marriage
in
the
Philippines.
Consequently,
the
Family
Code,
ais a
marriage
valid
where
valid,
void or voidable? Explain.
City,
where
there
Filipino consulate.
But
p. 208).
support,
trust
and
commitment.
It must
be Relations,
issuance
of
valid license
does
not adversely
3,
1988.
Under
the
Family
Code,
no marriage
marriage
in aquestion
is consent
void,
unless
either
celebrated
is by
valid
in theantecedence,
Philippines
except
The absence
of parental
despite
theiror
as
planned
the
wedding
ceremony
was
characterized
Juridical
gravity
affect
the
validity
of
the
marriage.
The
license
is
required
if
the
parties
have
been
both
of
the
contracting
parties
believed
in
those
marriages
enumerated
in
said
Article
married at the age of 18 is deemed
officiated
by theand
captain
of the
Norwegianand
incurability
its root
causes
must be having
marriage
license
is
valid
because
it
was
in
fact
Back
in
Manila,
Anne
discovered
that
Boni
had
cohabiting
for
the
period
of
five
years
and
there
good
faith
that
the
consul
general
had
which
marriages
will
remain
void
even
though
cured
by
their
continued
cohabitation
beyond
registeredidentified
vessel in
a private (Santos
suite among
clinically
or examined.
v. CA,
ALTERNATIVE
issued
by aANSWER:
Civil
Registrar
(Arts.
3 and in
4. FC).
been
married
in Santos
Bacolod
City
5ofyears
earlier
is
no
legal
impediment.
must
no legal
authority
solemnize
their
marriage
B.
InSCRA
the
case
of
v.
Court
Appeals,
240 the
valid
where
The
marriage
between
age ofto
21.
At
this
point,
their
is a
selected
friends.
It
depends.
If
both
or
one
of
the marriage
parties which
was
240
20solemnized.
[1995])
. There
Marriage;
Requisites;
Void
Marriage
(1993)
but
in is
onlyofTIME
last
year.
His first
impediment
ONLY
AT
THE
OF THE
case
the
marriage
is
valid.
SCRA
20 (1995)
,Oslo
the
Supreme
Court
held
that valid
first divorced
cousins
one
those
marriages
(See
Art.
45,
Family
Code).
member
of 18
theyears
religious
sect
of the
A and
B, both
old,
were
sweethearts
wife
was
also
a mind,
Filipina
but
in (2)
SOLEMNIZATION
OF
THE
MARRIAGE
,based
and
not
being
of unsound
drug
addiction,
habitual
What
is the
status
ofmarriage
the
marriage
enumerated
therein,
hence,
it now
is void
even
solemnizing
officer,
the
is
valid.
If
studying in
Manila.
On August
3, voidable
1988, while
By
reason
oflesbianism
Art.
15 period.
inwhere
relation
toisArticle
38
Sweden.
Boni
himself
is
a
resident
of Norway
the
whole
five
years
This
clearly
theof
alcoholism,
or
homosexuality
may
be between
Ric
and Juliet
valid,
or
though
valid
in
Spain
it was
celebrated.
none
of
the
parties
is
a
member
of
the
sect
and
in first(2.5%)
year
college,
eloped.
They stayed
the Civil
Code,
which
applies
to depending
Filipinos
SUGGESTED
ANSWER:
Thethey
marriage
Juliet
where
he
and
Anne
plan to
live Minutes
permanently.
intent
of
code
framers
(see
of the
indicia
ofthe
psychological
incapacity,
void?
both
ofhouse
them
were
aware
of between
the
fact,
the
Anne
retains
your
services
to
advise
her
on
in
the
of
a
mutual
friend
in
town
wherever
they
are,
the
marriage
is
void.
and
Ric
is
void.
First
of
all,
the
marriage
is
a X,
150th
joint
Civil
Code
of
the
Family
Law
on the degree of severity of the disorder. marriage is void. They cannot claim good faith
SUGGESTED
ANSWER:
whether her
marriage
to Boni
is valid
under
where they
were able
to obtain
a Article
marriage
bigamous
marriage
notsolemnizing
falling
under
41
Committees
held
on August
9,of1986
). Also,
in
However,
the
concealment
drug
addiction,
in
believing
that the
was
(d)
It depends.
If AM
the
marriage
before
the
Philippine
Is
there
anything
else she
license.
On August
30, A
1988,
theirofficer
Manzano
V. law?
Sanchez,
NO.
MT
00-129,
35(4)Family
Code],
subsisting
marriage
habitual
alcoholism,
lesbianism
or [Art.
authorized
because
thetown
scope
of the
SUGGESTED
ANSWER:
notary
public
valid
underCourt
Hongkong
Law,
should 8,
do
under
the
circumstances?
(5%)
solemnized
byimpediment
the
mayor
ofauthority
X in his
March
2001
, is
the
said
that,
as
constitutes
a legal
to remarriage.
homosexuality
is
aSupreme
ground
of isannulment
of was
If
Boni
is
still
a
Filipino
citizen,
his
legal
capacity
governed
by
of
the
solemnizing
officer
is
a
matter
of law.
If,
the
marriage
is
valid
in
the
Philippines.
Parental
Authority;
Child
under
7
years
of
age
(2006)
office.
Thereafter,
they
returned
to
Manila
and
one
of the
for the
Secondly,
Julietofis the
below
eighteen
years in
of age.
Philippine
Law requisites
(Art. 15 Civil Code).
Underexception to apply,
marriage.
however,
one
parties
believed
good
Otherwise,
the
that is atinvalid
in
continued
to live
separately
in
their respective
there
must be
no marriage
legal impediment
the time
The
marriage
is
void
evena ifmember
consented
to by
faith
that the
other
was
of the
sect,
Hongkong
will
be
invalid
in
the
Philippines.
boarding
houses,
concealing
from
their
of the marriage. The Supreme Court did not say her
parents
then
the
marriage
is
valid
parents, who were living in the province what
that the legal impediment must exist all
they had done. In 1992, after graduation
throughout the five-year period.
Distinguish briefly but clearly between: Substitute

sperm. After a series of test, Andy's sperm was
authority
and
special
parental
introduced
into Beth's ovary. She became pregnant and 9 months
parental
medically
SUGGESTED
later, gave birth to a baby boy, named Alvin.
authority. ANSWER:
In substitute parental authority, the parents (1) Who is the Father of Alvin? Explain.
lose their parental authority in favor of the (2.5%)
SUGGESTED ANSWER:
Andy is the biological father of Alvin being the
substitute who acquires it to the exclusion of
source of the sperm. Andy is the legal father of
the parents.
In special parental authority, the parents or Alvin because there was neither consent nor
anyone exercising parental authority does not ratification to the artificial insemination. Under
lose parental authority. Those who are charged the law, children conceived by artificial
with special parental authority exercise such insemination are legitimate children of the
authority only during the time that the child is spouses, provided, that both of them
in their custody or supervision.
authorized or ratified the insemination in a
Substitute
parental
authority
displaces written instrument executed and signed by
parental authority while special parental both of them before the birth of the child (Art.
authority concurs with parental authority.
(2)
the requirements, if any, in
164,What
Familyare
Code).
order for Ed to establish his paternity over
SUGGESTED
ANSWER:
Paternity & Filiation (1999)
Alvin.
(2.5%)
The following are the requirements for Ed to
(a) Two (2) months after the death of her
establish his paternity over Alvin:
husband who was shot by unknown criminal
1
The artificial insemination has been
elements on his way home from office, Rose
authorized
or ratified by the spouses in a
married her childhood boyfriend, and seven
written
instrument
executed and signed by
(7) months after said marriage, she delivered
them
before
the
birth
of the child; and
a baby. In the absence of any evidence from
2
The
written
instrument
is recorded in
Rose as to who is her child's father, what
SUGGESTED
ANSWER:
the
civil
registry
together
with
the birth
status does the law give to said child? Explain.
(a) The child is legitimate of the second
certificate
of
the
child
(Art.
164,
2nd
(2%)
marriage under Article 168(2) of the Family
paragraph, Family Code).
Code which provides that a "child born after
one hundred eighty days following the
celebration of the subsequent marriage is
considered to have been conceived during
such marriage, even though it be born within
Parental Authority; Special Parental Authority; Liability of
three hundred days after the termination of
Teachers (2003)
Paternity & Filiation; Proofs (1999)
the former marriage."
If during class hours, while the teacher was
(b) Nestor is the illegitimate son of Dr. Perez.
chatting with other teachers in the school
When Dr. Perez died, Nestor intervened in the
corridor, a 7 year old male pupil stabs the eye
settlement of his father's estate, claiming that
of another boy with a ball pen during a fight,
he is the illegitimate son of said deceased, but
causing permanent blindness to the victim,
the legitimate family of Dr. Perez is denying
who could be liable for damages for the boys
Nestor's claim. What evidence or evidences
SUGGESTED
injury: theANSWER:
teacher, the school authorities, or
should Nestor present so that he may receive
The
school,
itsparents?
administrators,
SUGGESTED
ANSWER:
the
guilty
boys
Explain. and teachers
his rightful share in his father's estate? (3%)
have
special
parental
authority
and
(b) To be able to inherit, the illegitimate
responsibility over the minor child while under
filiation of Nestor must have been admitted by
their supervision, instruction or custody
his father in any of the following:
(1) the record of birth appearing in the
(Article 218, FC). They are principally and
(2)
final
civila register,
solidarily liable for the damages caused by the
(3) a public document signed by the
judgment,
acts or omissions of the unemancipated minor
(4)
a private
handwritten document signed
father,
or
unless they exercised the proper diligence
by the lather (Article 17S in relation to
required under the circumstances (Article 219,
Article 172 of the Family Code).
FC). In the problem, the TEACHER and the
SCHOOL AUTHORITIES are liable for the
Paternity
&
Filiation;
Artificial
Insemination;
blindness of the victim, because the student
Formalities(2006)
who cause it was under their special parental
Ed and Beth have been married for 20 years without children.
authority and they were negligent. They were
Desirous to have a baby, they consulted Dr. Jun Canlas, a ,
negligent because they were chatting in the
prominent medical specialist on human fertility. He advised Beth
corridor during the class period when the
to undergo artificial insemination. It was found that Eds sperm
stabbing incident occurred. The incident could
count was inadequate to induce pregnancy Hence, the couple
have
prevented
had
the(2004)
teacher been
Parentalbeen
Authority;
Substitute vs.
Special
looked for a willing donor. Andy the brother of Ed, readily
inside the classroom at that time. The guilty
consented to donate his
boys PARENTS are subsidiarily liable under
Article 219 of the Family Code.
Paternity & Filiation; Common-Law Union (2004)

A. RN and DM, without any impediment to
marry each other, had been living together
without benefit of church blessings. Their
common-law union resulted in the birth of
ZMN. Two years later, they got married in a
SUGGESTED
ANSWER:Could ZMN be legitimated?
civil ceremony.
ZMN
was
legitimated by the subsequent
Reason. (5%)
marriage of RN and DM because at the time
he was conceived, RN and DM could have
validly married each other. Under the Family
Code children conceived and born outside of
wedlock of parents who, at the time of the
former's conception, were not disqualified by
any impediment to marry each other are
Paternity
& Filiation;
Limitations;
AdoptedofChild
legitimated
by theProofs;
subsequent
marriage
the
(1995)
parents.
Abraham died intestate on 7 January 1994
survived by his son Braulio. Abraham's older
son Carlos died on 14 February 1990. Danilo
who claims to be an adulterous child of Carlos
intervenes in the proceedings for the
settlement of the estate of Abraham in
representation of Carlos. Danilo was legally
adopted on 17 March 1970 by Carlos with the
1.
Underofthe
Code,
how may an
consent
theFamily
" latter's
wife.
illegitimate filiation be proved? Explain.
2. As lawyer for Danilo, do you have to prove
Danilo's illegitimate filiation? Explain.
3. Can Danilo inherit from Abraham in
representation of his father Carlos? Explain.
c) No.
in
before
the Rafael
the
same
death
isway
anofinnocent
and
C. Bringing
by purchaser
the his
same
family
in
evidence
good
later
faith
1.
recognition
Paulita
to
as
Sinceleft
Bob
the
ofand
an
conjugal
Sofia
illegitimate
got
home
married
child
because
can
In 1970,
be
of the
brought
then the
at
time
of the child. However,
if the
action is based
children.
finally
upon
married
relying
G.
onRecently.
provides
the correctness
G
that
died.
theWhat
filiation
ofare
the
of
drinking
oflifetime
her husband,
Alberto.
Paulita,
out
legitimate
Manila,
who,
B Art. 172
law
anyduring the
excessive
on "open and continuous possession of the status of an illegitimate
legitimate
the
certificate
rights of
children
of B's
title,
four
acquires
ischildren:
established
rights
X and
by
which
any
Y ofare
of
histhe
to
of
her own endeavor, was able to buy a parcel
child, the same can be filed during the lifetime of the putative
following:
first
be
protected
marriage;
(1)by
the
and
the
record
Ecourts.
and of
F, his
birth
children
appearing
with in
of
land which she was able to register under
father."
Under
established
of (2)
land
theExplain
G?
civil the
register
your
answer.
or a final principles
Judgment; or
an
her name with the addendum "widow." She
SUGGESTED
registration
the presumption
is athat
the
admission ANSWER:
oflaw,
legitimate
filiation in
public
also acquired stocks in a listed corporation
Under
the or
facts
stated,handwritten
X land
and Y
legitimate
In
the present
case,
the action
compulsory
transferee
of aregistered
is are
notinstrument
aware of
document
private
registered
in her
name.
Paulitafor
sold
the parcel
children
of in
B the
and parent
C. Eof concerned.
isthe
theproperty
legitimate
recognition
was filed
Joey's
mother,
Dina, on
any
defect
title
he
and signed
by
In the
of land to Rafael,
whoby
first
examined
the
children
and
G.foregoing
E is the
legitimated
child
May
16,1994,
the certificate
death of Steve,
the1)
purchased.
(See
v. Court
of Appeals,
absence ofofB
theTojonera
evidence,
the
original
of the after
transfer
of title.
C.
AsSCRA
legitimate
of Bchild
and
C, B
X and
Y
of
B&G.
F is
the children
illegitimate
of
putative
father.
action
will in
prosper
if Joey
103
467).
Moreover,
person
dealing
legitimate
filiation
shall be the
proved
by:and
(1) the
Has Alberto
theThe
right
to share
the shares
of
have the
following
rights:
To bear
the
can
present
his by
birth
certificate
that
bears the
with
land
may1)safely
the
open registered
and continuous
possession
ofrely
theon
status
stock
acquired
Paulita?
2) Can
Alberto
surnames
of of
theits
father
and theof
mother,
in the
SUGGESTED ANSWER:
SUGGESTED of
ANSWER:
signature
his putative
father. However, the
correctness
certificate
title
of a legitimate
child;
or (2) any
otherand
means
recover the land
from Rafael?
2. conformity
No. Since Danilo
with the
has provisions
already been
of adopted
the Civil Code
1. a) clearly
Yes. The
Family
Code
provides
thatof all
facts
state
that the
birth
certificate
law
will in
nothe
wayRules
obligeofhim
to goand
behind
the
allowed
by
Court
special
Surnames;
receive to
support
from
their
by
on
Carlos, 2)
heToceased
be an
illegitimate
property
acquired
during
the
marriage,
Joey did not indicate the father's name. A birth
certificate
to determine the condition of the
laws.
parents,
ascendants,
child.
Antheir
adopted
child acquires all the rights
whether the
appears
to father
have been
certificate
notacquisition
signed by the
alleged
property. [Director of Lands v. Abache, et al. 73
in proper
cases,
brothers
of aand
legitimate
child
undertheir
Art, 189
of theand
FC.sisters,
made,
contracted
or
registered
in
the
name of
cannot be taken as a record of birth to prove
Phil.
606).ANSWER:
No with
strong
of public
SUGGESTED
conformity
theconsiderations
provisions of the
Family Code
in
one
or
both
spouses,
is
presumed
recognition of the child, nor can said birthto be
policy
lead
3. No,
he been
cannot.
Danilo which
cannotwould
represent
Support;
and presented
on have
absolute be
community
property
unless
the
taken
as aare
recognition
in a to
public
the
reverse
the
established
and
sound
Carlos
asto
the
latter's
adopted
child
the certificate
b)
Yes. is
The
shares
presumed
be
3) Court
To
be
entitled
to the
legitime
andin
other
contrary
proved.
instrument.
(Reyes v. Court of Appeals, G.R. No.
doctrine
that
the
buyer
in good
faith
a
inheritance
ofrights
Abraham
because
adoption
did
successional
granted
to them
by ofthe
absolute
community
property
having
been
b)
Are March
the defenses
setConsequently,
up by Tintinthe
39537,
19, 1985)
registered
ofa174,
land
does not
have to look
not
Danilo
legitimate
grandchild
of tenable?
acquired
during
the(2%)
marriage
despite the fact
Civil make
Code.parcel
(Article
Family
Code).
Explain.
action
filedANSWER:
by Joey's
mother
has already
beyond
the
Torrens
and between
search
for
any
Abraham.
Adoption
isTitle
personal
Carlos
d) The parcel
of land
is absolute
community
SUGGESTED
that those
shares
were
registered
only in her
prescribed.
hidden
or been
inchoate
right
may
and
He cannot
also
represent
Carlos
as Yes,
theAlberto's
defenses right
of Tintin
are tenable.
In will
E
is Danilo.
thedefect
legitimated
child
of
B andwhich
G.
Under
property
having
acquired
during
the
name.
to claim
his share
later
invalidate
or
diminish
his
right
to
what
Tayag
v.
Court
of
Appeals
(G.R.
No.
95229,
June
the
Art.
latter's
177
of
illegitimate
the
Family
child
Code,
because
only
children
in
such
marriage and through Paulita's industry
only arise, however, at dissolution.
he
purchased.
(Lopez
v.
Court
of
Appeals.
189
c)
The
presumption
is
still
that
the
shares
9,1992)
,
a
complaint
to
compel
recognition
ofof
case
he
is
barred
by
Art.
992
of
the
NCC
from
conceived
and
born
outside
of
wedlock
of
despite registration only in the name
ALTERNATIVE
ANSWER:
SCRA
271)
stock
are
owned
in
common.
Hence,
they
will
an
illegitimate
child
was
brought
before
inheriting
parents
who,
from
at
the
his
time
illegitimate
of
the
conception
grandfather
of
Paulita.
The child's
land being
community
property,
An adopted
successional
rights
do not form part of the absolute community or the
effectivity of the Family Code by the mother of
Abraham.
the sale
former,
were not
disqualified
by any
its
to
Rafael
without
the
consent
of
include
the
right
to
represent
his
deceased
Property
Relations;
Nuptial Agreement
(1995)may be
conjugal
partnership
on what the
a
minor child
based ondepending
"open and continuous
impediment
toAnte
marry
each other
Alberto
is
void.
adopter
in the
inheritance
ofmarried
the latter's
Suppose
Tirso
were
2
property Relations
is. of an illegitimate
possession
of the status
legitimated.
E and
will Tessie
have the
same
rights on
as X
legitimate
parent,
in
view
ofand
Art.G.973
which
F
is the
child
of B
F has
the
d) Since
Paulita
acquired
the shares
stock
August
1988
without
executing
any
ante
child."
The
Supreme
Court held
that theofright
and
Y. illegitimate
provides
that
in
order
that
representation
may by onerous title during the marriage, these are
right to use
the surnameOne
of G,year
her mother,
and
nuptial
agreement.
after their
of action of the minor child has been vested by
take
place,Tirso
thesupport
representative
must
himself
be part of the conjugal or absolute community
is entitled
to
as well as
the
legitime
marriage,
while supervising
the
clearing
the filing of the complaint in court under the
capable
of of
succeeding
the
decedent.
consisting
1/2 of thatland
of each
of the
X, YAdoption
and E.
property,
as the
(depending
on
of
Tessie's
inherited
upon
latter's
regime
of the
Civil case
Code maybe
and prior
to the
by
itself176,
did Family
not render
Danilo
an heir not
of the
(Article
Code)
whether the
marriage
celebrated
prior
request,
accidentally
found
the treasure
in
effectivity
of the
Familywas
Code.
The ruling
in to.
adopter's
legitimate
parent.
does his
Presumptive
(1999)but
or after,
the effectivity
thenoFamily
Code).
the new Legitime
river
bed
on Neither
the property
of
Tayag
v. Court
of Appealsof
finds
application
being
a
grandchild
of
Abraham
render
him an Her physical separation from her husband did
SUGGESTED
ANSWER:
What
do
you
understand
by
"presumptive
Tessie. To whom shall the treasure belong?
in the instant case. Although the child was
Since
and
Tessie
married
before
heir
ofTirso
theinlatter
because
an illegitimate
legitime",
what
casewere
or ascases
must
the
not dissolve
the effectivity
communityofofthe
property.
Hence,
Explain.
born
before the
Family Code,
the
of the
Code,
their
child effectivity
ofdeliver
Carlos,such
who
was Family
a legitimate
child
of c)
parent
legitime
to the
children,
that
Joey
died
during
theSupposing
husband has
a filed
right
to
share
in thethe
shares
the
complaint
was
after
its
effectivity.
Paternity
&
Filiation;
Recognition
of
illegitimate
Child
(2005)
SUGGESTED ANSWER:
property
relation
governed
conjugal
Abraham,
Danilo
isis incapable
succeeding
and
what are
the legal
effects inofby
each
case if
pendency
of
the
action,
should
the
action
of
stock.
Hence,
Article
175 of the Family
Code should
Steve
wasANSWER:
married
to
Linda,
with
he
2) a)
Under
a community
of property,
whether
SUGGESTED
partnership
of gains.
Under
Art.Code.
54 ofwhom
the Civil
Abraham
Art.
of
the
the
parentunder
fails
to
do992
so?
(5%)
be
dismissed?
Explain.
(2%)
apply
and
not
Article
285
of
the
Civil
had
a
daughter,
Tintin.
Steve
fathered
a
son
PRESUMPTIVE
is not
defined which
in the SUGGESTED
absolute orANSWER:
relative, the disposition ofCode.
property
Code,
the shareLEGITIME
of the hidden
treasure
withlaw
Dina,
his secretary
of or
20
years,
whom
Joey diedtoduring
the pendency
of the
action,
law.
Its
definition
have
been
taken
from If
belonging
such community
is void
if done
by
the
awards
to must
the finder
the
proprietor
Dina
named
Joey,
born
on
September
20,
the
action
should
still
be
dismissed
because
Act
2710,
the
Old
Divorce
Law,
which
required
just one spouse without the consent of the
belongs to the conjugal partnership of gains.
1981.
Joey's to
birth
did
indicate
the right
Joey or his heirs
to file
the action
the
delivery
the certificate
legitimate
children
of "the
other
orof authority
of the
proper
court.
The
one-half
share
pertaining
tonotTessie
as
the
father's
name.
Steve
died
on
August
13,
has
already
prescribed.
(Art.
175,
Family
equivalent
of
what
would
have
been
due
to
However,
the
land
was
registered
in
the
name
owner of the land, and the one-half share
1993,
while
Linda
died
on
December
3,
1993,
Code)
them
as
their
legal
portion
if
said
spouse
had
of
Paulita
as
"widow".
Hence,
the
buyer
has
pertaining to Tirso as finder of the treasure,
Paternity
& Filiation;
Rights
of Legitimate
Children (1990)
Property
Relations;
Conjugal
Partnership
of
Gains
(1998)
leaving
their
legitimate
daughter,
Tintin,
as
died
intestate
immediately
after
the
dissolution
the
right
to
rely
upon
what
appears
in
the
belong to the conjugal partnership of gains.
and Gof
(college
students,
single
not
sole
heir.
On
16,
1994,
aincase
In
1970,
BobMay
andof
Issa
got Dina
married
of
the
community
property."
As filed
usedwithout
the B
record
the Register
of both
Deeds
andand
should,
to marry
each other)
had a cannot
executing
on behalfCode,
aofmarriage
Joey, presumptive
praying
settlement.
that the
In
1975,
latter Bob
be
Family
legitime
is disqualified
consequently,
be protected.
Alberto
romantic
affair,
G
was
seven
months
in thehave
declared
an
acknowledged
illegitimate
son
of
inherited
from
his
father
a
residential
lot
upon
understood as the equivalent of the legitimate recover the land from Rafael but would
b)
The
parcel
of
land
is
absolute
community
family
way
as
of
the
graduation
of
B.
which,
Steve
and
in
1981,
that
Joey
he
constructed
be
given
his
a
two-room
share
in
children's legitimes assuming that the spouses the right of recourse against his wife Right
havingB been
acquired
during
after graduation
went home
to Cebu
City. the
Steve's
estate,
now the
being
solely
held
bungalow
with which
savingsisafter
from
his
own
earnings.
had
died
immediately
dissolution
of property
Presumptive
legitime
is
required
to
be
marriage
and
through
Paulita's
industry
Unknown
to
G,
B
had
a
commitment
to
C (his
At
by
that
Tintin.
time,
Tintin
the
put
lot
up
was
the
worth
defense
P800.000.00
that
an
the community of property.
delivered
to house,
the common
children
the
despite
thesweetheart)
registrationtobeing
only
the name
childhood
marry
herin
after
action for
recognition
shall
only
be
filed of
during
while
the
when
finished
cost
spouses
when
the
marriage
is survived
annulled
or
of
Paulita.
landdegree.
being community
getting
his The
college
Two weeksproperty,
after B
P600,000.00.
the lifetime
ofInthe
1989
presumed
Bob died,
parents
and that
only
declared
void
ab
initio
and
possibly,
when
the
its
sale
to
Rafael
without
the consent
marriage in Cebu City, G gave birth
to a son Eof
the exceptions
underand
Article
of the Sofia.
Civil
by
his wife, Issa
his 285
mother,
a)
Doeswhether
Joey Sofia
have
a rightfully
causecommunity
of
action
1.
State
can
claim
that
conjugal
partnership
absolute
is
Alberto
void. After
However,
sinceof the
land is
in Metro is
Manila.
ten years
married
Assuming
Code
do not
that
apply
the
to or
him
relative
sincevalues
the said
ofarticle
both
against
Tintin
for
recognition
and
the
house
and
lot
are
not
conjugal
but
dissolved
as
in
the
case
of
legal
separation.
registered
in
the
name
of
Paulita
as
widow,
life
in
Cebu,
B
became
a
widower
by
the
has been
repealed
by the
Family
Code. In any
assets
remained
at the
same
proportion:
SUGGESTED
ANSWER:
partition?
Explain.
(2%)
exclusive
property
of
her
deceased
son.
[3%]
Failure
of
the
parents
to
deliver
the
there
is
nothing
in
the
title
which
would
raise
sudden
death
of
C
in
a
plane
crash.
Out
of
the
No,
Joey does
not have a cause
againstJoey's
Tintin for birth
case,
according
to of action
Tintin,
SUGGESTED ANSWER:
2.
Will
your
answer
be
the
same
if
Bob
died
presumptive
legitime
will
make
their
recognition
and
partition.
Under
Article
175
of
the
Family
Code,
as
a
a
suspicion
for
Rafael
to
make
inquiry.
He,
union
of
B
and
C,
two
children,
X
and
Y
were
certificate
doesAbsolute
not show
that(1994)
Steve is his
1. Under Art. 172 in relation to Art. 173
Property
Relations;
Community
general rule,
an action
compulsory
before
3,for1988?
[2%]
subsequent
null and
void under
therefore,
is
an
innocent
purchaser
for
value
born.
Unknown
to
C
while
on
weekend
trips
father. Augustmarriage
andArt. 175 of the FC, the filiation to
of
Article 53 of the Family Code.
from
whom
the last
land
may
longer be
Manila
during
5 years
ofno
their
illegitimate
children
may
be
established
recovered.
marriage, B invariably visited G and lived at
her residence and as a result of which, they
renewed their relationship. A baby girl F was
born to B and G two years
legitimate
Thereafter,
who
(b)
according
Whatrelatives
Gabby
would
to acquired
law
of
your
C may
(i.e.
answer
athe
contract
mansion
children
be (to
in
marriage
of
Baguio
the
D asabove
C's
City,
may
a)
Bar
together,
How
Who
Candidates
will
will
you
Rico
berule
was
entitled
Patricio
on
a salaried
Jorge's
toMahigugmaon
theopposition
employee
house andand
and
to
lot?
the
Rowena
Mabel
(3%)
probate
SUGGESTED
ANSWER:
5-hectare
into
Luis
legitimate
and
marriage
Rizza
agricultural
nephews
been
settlements
inheriting
living
landtogether
in
but
Oriental
as they
collateral
all shall
the be
that
decided
house
Maria's
forto
will.
Rico
marry
isand
Ifthe
each
you
did
New
other
full-time
were
Civil
before
Code
the
household
the
(Persons),
last
and aenter
also
question)
had
Amorgoverns
kept
of
Tony
are
entitled
to the
house
and
SUGGESTED
ANSWER:
Mindoro,
valid
time,
relatives)
only
ie., since
which
can
if the
inherit
twenty
he
person
registered
inyears
intestacy.
who ago,
may
exclusively
under
(Arts.
give consent
a992,
valid
in
in
daywhich
chores
Judge?
ofand
the
forSusan
1991
him.
case,During
Bar
theExaminations.
property
their cohabitation,
relations
They
agreed
athat
As
Judge,
I
shall
rule
as
follows:
Jorge's
lot
as
coowners
in
equal
shares.
Under
Article
SUGGESTED
ANSWER:
his name.
to
marriage?
1001,
the1OO5
marriage
In and
the year
975,
are2000,
Civil
made
Code)
Mila's
parties
business
to the
should
to execute
parcel
of
becoconut
a
applied
Marriage
land
as regards
Settlement.
was acquired
the Rowena
property
by Rico of
a)
Art. 147
of
the
Family
Code
provides
in part
opposition
should
sustained
inof
part
anda
147
of
the
Family
Code,
wheninaher
man
and
ALTERNATIVE
ANSWER:
venture
agreement.
failed,
(Karla
and
was
her still
creditors
a minor
sued
at her
the
for
time
the
herself
from
his
spouses
prepared
savings.
isthebe
the
document
system
own
relative
The
action
of
A
will
not
prosper.
Being
an
that
when
a
man
and
a
woman
who
are
denied
in
part.
Jorge's
omission
as
spouse
of
woman
who
are
capacitated
to
marry
each
After
living
together
for
one
(1)
year,
Rico
and
P10,000,000.00.
the
marriage settlement
After obtaining
was a executed
favorable in
community
handwriting.or
They
conjugal
agreedpartnership
on the following:
of gains
(1)
illegitimate,
hecreditors
is barred
byother,
Article
992
the
capacitated
to
marry
each
Maria
is
not
preterition
of
a
compulsory
heir
other
lived
exclusively
with
each
other
as
Mabel
separated.
Rico then
met
and
married
judgment, the
September
1988
because
sought
the
law,
tolive
execute
R.A.of6809,
on
(Article
a conjugal
119,
partnership
Civil
ofCode).
gains;
(2)
Byeach
conjugal
Civil
Codethe
from
inheriting
from
exclusively
with
each
other
asintestato
husband
andtook
in
the adirect
Hence,
Art.
854
of years
the
husband
wife,
thepercent
property
acquired
Letty,
single
woman
twenty-six
(26)
of
the spouses'
reducing
house
age
ofand
majority
lot ab
and
to
condominium
18 years
partnership
donates
toand
the
ofline.
other
gains,
fifty
the
husband
(50%)
and
the
ofCivil
wife
the
legitimate
relatives
his
father.
wife
without
the
benefit
of
marriage
under
a
Code
does
apply,fund
and
the
institution
of
during
their
are fruits
presumed
to
age.
During
thecohabitation
marriage
ofthe
Rico
and
Letty,
a)
Discuss
statusof
of
the
first
and
the
unit,
effect
ason
well
18the
as
December
Gabby's
mansion
1989).
The
andor
marriage
place
his/her
inpresent
a not
common
property,
(3)
Rowena
shall
of their
Barrier
between
illegitimate
&
legitimate
relatives
(1996)
void
marriage,
their
wages
and
salaries
shall
Miguela
as
heir
is valid,
but income
only
have
been
obtained
byorchard
their
joint
efforts,
work
Letty
bought
a conjugal
mango
outto
ofthe
herextent
own
amended
marriage
settlements.
(2%)
agricultural
settlement
being
land. void,
the property
Relations
separate
administer
property
the
and
the
partnership
property;
from
their
Cristina
the
illegitimate
daughter
Jose
SUGGESTED
ANSWER:
be
owned
by
in equal
sharesof
and
theand
of
portion
ofWho
one-half.
Jorge
is still
or
industry
and
shall
be
owned
by
them
in
personal
earnings.
a)bring
would
own
the
governing
thethem
marriage
is, therefore,
absolute
work
andthe
(4)
orfree
neither
Industry
may
(Article
an
142,
action
Civil
for
Code).
the
In
The
marriage
settlement
between
Gabby
and
Maria,
died
intestate,
without
anyand
descendant
2.
All
the
properties
which
Kevin
Karla
property
acquired
by
both
of
them
through
entitled
to
one-half
of
the
estate
as
his
equal
shares.
This
is
true
even
though
the
riceland,
and
what
property
Relations
governs
community of property, under Art. 75 of the
this
annulment
instance,
or
declaration
the
lot
inherited
of
nullity
by
Bob
of
their
in
1975
a)
As Judge,
I shall
rule
as follows:
Jorge's
Mila
adopting
regime
of
conjugal
or
ascendant.
Her the
valuable
estate
is being
A.
As
to
form,
is Civil
the
Marriage
Settlement
owned
at the
of marriage
their
or time
industry
shall
be became
governed
by the
legitime.
(Art.
1001,
Code)
efforts
ofown
one
ofsigned
them
consisted
merely
in the
his
the
ownership?
Explain.
b)
Who would
own
FC. work
is
marriage.
his
Both
separate
the
property,
agreement
hepart
in
having
the
opposition
should
be
sustained
in
and
b)
Would
it
make
any
difference
if
Tony
could
partnership
of
gains
still
subsists.
It
is
not
claimed
by Ana,
the legitimate
daughter
of
valid?
May
it
be
registered
in
the
registry
of
community
property
which
be divided
rules
of coownership.
In theshall
absence
of proof
or
her
care
and
maintenance
of
the
family
and
coconut
land,
and
what
property
Relations
acquired
presence
the
two
same
(2)
witnesses.
byis lucrative
They
title
did
(par.
not, 2,
denied
inof
This
a case
of
ineffective
not
marry
Susan
because
he
was
previously
dissolved
by the
mere
agreement
the
Jose,
Eduardo,
the
legitimate
son
ofof they
property?
Ifpart.
not, what
steps
must
be
taken
to
equally
between
them
at
dissolution.
Since
to
theand
contrary,
properties
acquired
while
of
the
household.
governs
the
ownership?
Explain.
c)
Who
Art.
however,
148,
acknowledge
Civil
Code).
it
before
However,
a
notary
the
house
disinheritance
under
918 he
of isthelegally
Civil
married
tothe
Alice
fromArt,
whom
spouses
the
marriage.
It of
is2them
clear
from
B.
Are
stipulations
Maria.
Isduring
either,
both,
or
neither
make
it
registerable?
Kevintogether
owned
50
Million
and
Karla.
Million,
lived
shall
be
presumed
to
have
been
would
own
the
mango
orchard,
and
what
constructed
public.because
from
his own of
savings
in 1981
SUGGESTED
ANSWER:
SUGGESTED
ANSWER:
Code,
the omission
theiscompulsory
ANOTHER
SUGGESTED
ANSWER:
separated?
(2%)
Article
134
ofthe
the
Family
Code
thatIndustry,
in the
C.
IfANSWER:
the
Marriage
Settlement
valid as
valid?
entitled
toby
inherit?
Explain.
at the time
of
marriage,
52
Million
obtained
their
Joint
efforts,
worker
property
Relations
governs
the
ownership?
during
the
subsistence
ofco-owners
his
marriage
with
Yes,
it
would
make
a
difference.
Under
Article
Neither
Ana
nor
Eduardo
is
entitled
to
inherit
heir
Jorge
by
Maria
was
intentional.
1.
(a)
Rico
Sofia,
and
being
Cora
her
are
deceased
the
son's
of
legal
heir
absence
of their
an community
express
in the
to
form and the above stipulations are the
constituted
property.
Upon
and
shall
be
owned
by
themdeclaration
in
equal
shares.
A
Explain.
Issa
is the
conjugal
property
and
not
exclusive
148
of
Family
Code,
when
the
parties
to
of
ab
intestato
from
Cristina.
Both
are
Consequently,
the
institution
of
Miguela
as
concurring
riceland.
The
with
Relations
his
surviving
is
that
of
co-ownership
spouse
(Arts.
marriage
settlement,
the inseparation
of
likewise valid, does it now follow that said
the death
Kevin,
the community
was
party
who of
did
not participate
the
acquisition
property
in
accordance
with
the
principle
of
the
cohabitation
could
not
marry
each
other
legitimate
relatives
of
Cristina's
illegitimate
heir
is
void
only
insofar
as
the
legitime
of
Jorge
985,
(Art.
147,
986
and
Family
997,
Code,
Civil
first
Code),
paragraph).
may
rightfully
SUGGESTED
ANSWER:
property
between
spouses
during
Marriage Settlement is valid and enforceable?
dissolved
and
half of the
the
52
Millionshall
or 26be the
by
the other
party
any
property
"reverse
provided
for is
in
158,
because
(Optional
an
Addendum:
only
after
those
parents
and
therefore
they
fall
under
the said
A.
Yes,that
it accession"
isof
valid
as impediment,
to
formHowever,
because
itArt.
isRico's
in
is
prejudiced.
Accordingly,
Jorge
entitled
to
claim
the
house
and
lot
are
not
conjugal
b)
Discuss
the
effects
of in
the
3.
Karla
and
Luis
are
Intestate
marriage
shall
not
take
place
except
Million
isto
his
share
in the
the
community.
This
26by
deemed
have
contributed
jointly
the
b)
As
Judge,
I
shall
rule
as
follows:
Jorge's
Civil
Code.
marriage
to
Letty,
the
half
interest
of
Rico
properties
acquired
by
both
of
them
through
prohibition
prescribed
by
Art.
992,
NCC
writing.
No,
it
cannot
be
registered
in
the
his
legitime
of
one-half
of
the
estate,
and
but
belong
to
the
hereditary
estate
of
Bob.
The
settlements
on
the
properties
acquired
by
heirs
of
Kevin.
judicial
order.
Million
therefore
is ifhis
estate.
acquisition
thereof
the
former'sDiaz
effortsCourt
427).
inof
the
riceland
will
then
become
absolute
opposition
should
bebecause
sustained.
a case
SUGGESTED
their
actual
joint
contribution
of
money,
(Manuel
v. ANSWER:
Ferrer,
242
registry
property
is This
notthe
aispublic
Miguela
gets
the
other
half.
4. They
are
entitled
to SCRA
share 477;
the estatev.equally
value of
the
land
being
moreit
than
cost
of
the
spouses.
(2%)
consisted
in
the
care
and
maintenance
of the
community
property
of
Rico
and
Letty.)
The
regime
of
conjugal
partnership
of
gains
of
preterition
under
Article
854
Civil
Code,
the
of
Appeals,
182
SCRA
property,
or
Industry
shall
be
owned
by
document.
To make
it registerable,
it mustthem
be
the
improvement
(Art.
120,
Family
Code).
under
Article
1001
of
the
NCC.
Therefore.
Collation
(1993)
family
and
of the
household. acquired
Thus: 1) the
Rico
the
exclusive
owner
ofasthe
coconut
governs
the
properties
by the (b)
SUGGESTED
ANSWER:
result
ofisthe
omission
Jorge
compulsory
in
common
in
proportion
to their
respective
reformed
and
has
to be of
notarized.
Karla
gets
13 Million
and
Luis
gets
13 aMillion.
Joaquin
Reyes
bought
from
Julio
Cruz
wages
and
salaries
of
Luis
in
the
amount
of
SUGGESTED
ANSWER:
land.
The
Relations
is
a
sole/single
2.
Yes,
the
answer
would
still
be
the
same.
spouses. All the properties acquired by the heir
having the
right
equivalent
to a
contributions.
Thesame
efforts
of one
of the parties
B.
Stipulations
(1)
and
(3)
are
valid
because
residential
lot
of
300
square
meters
in
Quezon
P200,000.00
shall
be
divided
equally
between
proprietorship
(Art.
148.
Family
Code,
first
Since
Bob
and
Issa
contracted
their
marriage
spousesRelations;
after Obligations;
the marriage
the legitimate
child the
"in the
direct
line"
is that total
in maintaining
family
and
household
are
Property
Benefit ofbelong
the Familyto
(2000)
they
areSusan
not
to law.
Stipulation
(4)the
is
City
for
Joaquin
paid Julio
the
amount
of
Luis
andwhich
Rizza.
2) the house
and
lot valued
paragraph
iscontrary
applicable,
and
not
Art.inherit
147
Since
did
not
contribute
toin
way
back
in
1970,
then
the
property
relations
conjugal
partnership.
Under
Article
116 of at
the
intestacy
will
arise,
and
Jorge
will
the
not considered
adequate
contribution
the
(Optional
Addendum:
However,
after
Rico's
void
because
it
is
contrary
to
law.
Stipulation
P300,000.00,
When
the
deed
wasregistered
about
to be
P500.000.00
having
been
acquired
by
both
of
c)
As
Judge,
I
shall
rule
as
follows:
the
Family
Code).
acquisition
of
the
house
and
lot,
she
has
no
that
will
govern
is
still
the
relative
community
Family
Code,
even
if
Gabby
the
entire
estate.
acquisition
of the
properties.
As finance officer of K and Co., Victorino
marriage
to1/5
Letty,
the
coconut
land
Ricois
(2)
is valid
up
toIf
of
respective
present
prepared
Joaquin
told
Julio
that
it be be
drawnland
in
them
through
work
or Million
industry
shall
opposition
should
betheir
denied
since
it
share
therein.
Tony
cohabited
withof
Susan
or conjugal
partnership
of
gains
(Article
119,
mansion
5-hectare
agricultural
arranged
aand
loan
of
P5
from
PNBdivided
for the
will
then
become
absolute
community
properties
but
void
as
to
the
excess
(Art
84,
the
namethem
ofin
Joaquina
Roxas,
histheir
acknowledged
between
in
proportion
to
respective
predicated
upon
causes
not
recognized
by
law
after
his
legal
separation
from
Alice,
the
house
Civil
Code).
It
will
not
matter
if
Bob
died
exclusively
his
name,
still
they
are
presumed
corporation. However, he was required by the
property
of Rico
Letty.)
Family
Code).
1 lot
that
the
willand
was
made
without
his
natural
child. in
Thus,
the deed
was the
so
prepared
contribution,
consonance
with
rules
on
as
grounds
for
disallowance
of
a
wll,
to
wit:
and
is
his
exclusive
property.
If
he
before
or
after
August
3.
1988
(effectivity
date
to
be
conjugal
properties,
unless
the
contrary
bank to sign a Continuing Surety Agreement to
(c) Rico and
Letty are the co-owners. The
ANSWER:
knowledge;
SUGGESTED
ANSWER:
and
executed
by
Julio. Luis
Joaquina
thenwhile
builtRizza
aheld SUGGESTED
c)
What
properties
may
be
co-ownership.
Hence,
gets
2\5
cohabited
with
Susan
before
his
legal
of
the
Family
Code],
what
matters
is
the
date
is
proved.
secure the repayment of the loan. The
Relations
is the Absolute
Community
of
C. No.
on September
15,
1991,
thewithout
marriage
(b)
The
property
relations
Luis
and
2 the
that
the Alice,
will
was
made
house
on
lot where
she,
her
husband
and
gets
3\5
ofthe
P500.000.00.
3)between
the car
worth
answerable
for
Mila's
obligations?
Explain.
separation
from
the
house
and
lot
when
marriage
was
contracted.
Ashis
Bob
corporation
failed
to
pay
the
loan,
and
the
Property
(Arts,
75,90and9l,
Family
Code).
settlement
is
not
yet
valid
and
enforceable
ALTERNATIVE
ANSWER:
Rizza,
their
marriage
having
beenowned
celebrated
consent;
and
children
resided.
Upon
Joaquin's
death,
his
P100,000.00
shall
be
exclusively
by
(2%)
belongs
to
his
community
or
partnership
with
and
Issa
contracted
their
marriage
way
back
bank
obtained
a
judgment
against
it
and
until
celebration
the
marriage,
to take
Since
all
the
properties
aretoconjugal,
they
ANOTHER
ANSWER:
20
years
(under
thebeen
Civil
Code) shall
becan
3 the
that property
it
has of
the
effect
of that
depriving
legitimate
children
sought
recover
Rizza,
theago
same
having
donated
to
her
by
Alice.
in
1970.
the
relation
governs
Property
Relations;
Unions
without
Marriage
(1997)
Victorino,
jointly
and
severally.
To
enforce
the
place
before
the
last
day
of
the
1991
bar
2.
If
Bob
died
be
fore
August
3,
1988.
which
be
held
answerable
for
Mila's
obligation
if
the
governed
byand
theownership
conjugal partnership
of gains,
him
of
histhe
legitime,
which
is
aage
ground
thatis
possession
of the lot, claiming
her
parents.
them
is
still
conjugal
partnership
of
gains.
Luis
and
Rizza,
both
26
years
of
and
judgment,
the
sheriff
levied
on
a
farm
owned
SUGGESTED
ANSWER:
Examinations.
the
date
the
Family
Code
took
effect,
obligation
redounded
to
the
benefit
of
the
Amount
of
Successional
Rights
(2004)
under
which
the
husband
anda wife
place
in a
goes
into
the
intrinsic
validity
of theas
willthe
that
Joaquina
Roxas
but
trustee
of their
SUGGESTED
ANSWER:
Property
Relations;
Marriage
Settlements
(Art.
158,
Civil
Code)
single,
live
exclusively
with
each(1995)
other
Yes,
because
there
iswas
a Family
presumed
donation
in
by the
conjugal
partnership
of
Victorino
and
answer
will
not
be
the
same.
Art.
158.
Civil
family.
(Art.
121
[3],
Code)
However,
Mr.
XT
and
Mrs.
YT
have
been
married
for
20
common
fund
the
proceeds,
products,
fruits
The
levyWill
is not
there
being
no showing
that On 10
andSeptember
need
be
resolved
during
the
father.
theproper
action
against
Joaquina
Roxas
1988
Kevin,
a 26-year
husband
and not
wife
without
the
benefit
of old
favor
of Joaquina
under
Art.
1448
thecreditor
Civil
his wife
Elsa. of
Is the
levylies
proper
orof
not?
(3%)
Code,
would
then
apply.
The
land
would
then
the
burden
proof
with
the
years.
Suppose
the
wife,
YT,
died
childless,
and
income
from
their
separate
properties
and
the
surety
agreement
executed
by
the
husband
probateLuis
proceedings.
However,
the
prosper?
businessman,
married
Karla,
a winsome
lassisof
v.
Reyes,
January
206
SCRA 437)(Ayala
.
marriage,
is her
gainfully
employed,
Rizza
Code
(De27
los
Santos1992,
deemed
along
with
the
house,
claiming
the
properties.
survived
onlyconjugal,
by
husband,
XT.
What
would
those
redounded
acquired
toagainst
theby
benefit
either
of or
the
both
family.
spouses
An obligation be
opposition
may
be
entertained
for,
the
18.
Without
the
knowledge
of
their
parents
or
However, thev.Savings
donation
be collated
to No.
employed,
stays
at
and
charge
Homeowners
&should
Loan
Bank
v. Dailo,
G.R. not
since
were
used
in
Investment
Court
of
Appeals,
G.R.
be purpose
the conjugal
share
of funds
XThome,
from
hertakes
estate
as
contracted
by efforts
the
husband
alone is
chargeable
through
their
or
by
chance,
and
upon
of
securing
to
the
husband
his
legal
guardians,
Kevin
and
Karla
entered
into
No.
153802,
March
11,
2005)
the
hereditary
estate
and
the
legitime
of
the
of
the
household
chores.
After
living
together
SUGGESTED
ANSWER:
118305,
February
12,1998,
reiterated
in
constructing
it.
The
husband's
estate
would
be
Why?
Explain.
(5%)
against
the ANSWER:
conjugal
partnership
dissolution
of the marriage
or ofonly
the when it was inheritance?
right
toCivil
the
legitime
on
the
theory
that
the
ALTERNATIVE
ALTERNATIVE
an ante-nuptial
contract
the
day
before
their
other
heirs ANSWER:
should
be preserved.
for
a
little
twenty
years,
Luis
was
able
tois
Under
the
Code, the
widow
or
widower
to over
a reimbursement
of
the
value
of the
contracted
for
the
benefit
ofor
the
family.
When
the entitled
Except
the
residential
house
which
is the
partnership,
the
net
gains
benefits
obtained
will
constitutes
an
ineffective
Yes,
the for
action
against
Joaquina
Roxas
will
marriage
stipulating
that
conjugal
partnership
Property
Relations;
Marriage
Settlement;
Conjugal
Partnership
save
from
hiscompulsory
salary
earnings
during
that
a
legal
and
heir
of
the
deceased
land
from
conjugal
partnership
funds.
obligation
was
contracted
on behalf
the family
family
home,
all
other
ofofGabby
and
by
either
or
both
spouse
shall
be
disinheritance
under
Art.
918surviving
ofpresently
the
Civil
prosper,
but
only
to theproperties
extent
of divided
the
aliquot
ofGains
gains
shall
govern
marriage.
At the
of
(2005)
period
the
amount
of their
P200,000.00
If
the
widow
is
the
only
heir,
business
therights
law
that
such
obligation
will spouse.
Mila may
be presumes
held
answerable
for
Mila's
equally
between
them
142.
Civil
Code).
Code,
hereditary
of the(Art.
legitimate
children
as
time of their
marriage
Kevin's
estate
was
Gabby
and
Mila
got
married
atworth
Lourdes
deposited
in
a
bank.
A
house
and
lot
there
being
no
legitimate
ascendants,
redound
to
the
benefit
ofLuis
the
family.
However,
obligation.
Since
the
said
properties
are
Thus:
1)
The
salary
deposited
in the
heirs.
Joaquina
will of
be
entitled
to
retain
herwhen
worth 50inMillion
while
was
at 2
Church
Quezon
CityKarla's
on
July
10, valued
1990.
Prior
P500,000.00
was
recently
purchased
for
the
descendants,
brothers,
and
sisters,
nephews
the
obligation
was
to
guarantee
the
debt
of
a third
conjugal
inas
nature,
they
canchild,
be held
liable
for
bank
in the
amount
of
P200.000.00
and
the
own
share
an illegitimate
(Arts.
1440
Million.
Athey
month
after
their
marriage
Kevin
thereto,
executed
a
marriage
settlement
same
amount
by
the
couple.
Of
the
and
nieces,
she
gets
the
entire
estate.
party,
as
in Civil
the
problem,
the
obligation
is
presumed
debts
and
obligations
contracted
house
and
lot
valued
P500,000.00
shall
bethe
and
1453.
Code;at
Art.
176,
F. C.)during
Barrier
between
illegitimate
legitimate
relatives
(1993)
died in
a freak
helicopter
accident.
He
left noof
whereby
they
agreed
on the
regime
P500.000.00
used
by &
the
common-law
spouses
for
the
benefit
of
the
third
party,
not
the
Disinheritance
vs.
Preterition
(1993)
marriage
to
the
extent
that
the
family
was
divided equally between Luis and Rizza. 2)family.
A
is
the
acknowledged
natural
child
of
B
who
will,
no
debts,
no
obligations.
Surviving
Kevin,
conjugal
partnership
of P200.000.00
gains. The marriage
purchase
the property,
had
Hence, tofor
the
obligation
under
the
surety to
Maria,
spite
herworth
husband
Jorge,
she
benefited
or where
the P100.000,00
debts
werewhom
contracted
However,
the
car
donated
died
aside
when
from
A
Karla,
was
already
are
his
only
22
years
relatives:
old.
When
his
settlement
wassale
registered
in
the Register
of
come
the
of palay
from
agreement
to
be having
chargeable
against
theanother
partnership
Kevin from
and Karla?
Explain.
2)harvested
Determine
the the
suspected
was
an
affair
by
bothRelations;
spouses,
or without
by
one
of with
them,
with to
the
to
Rizza
by
her
parents
shall
be
considered
B's
full of
blood
brother,
C, and
died
he
(C)
was
brother
Luis
and
first
cousin
Lilia.
1)
Whatfrom
Property
Unions
Marriage
(2000)
Deeds
Manila,
where
Mila
is
a
resident.
In
hacienda
owned
by
Luis
P300,000.00
(Ayala
Investment
v.
Ching,
286
SCRA
A
family
home
is
a
dwelling
place
of
a
person
it
must
be
proven
that
the
family
was
benefited
and
value of the estate of Kevin, 3) Who are
woman,
executed
a will,
unknown
to him,
consent
of
the since
other.
her
own
paraphernal
property,
having
been
property
by
Relations
his
governed
and
four
children
marriage
of of
his
For
five
1989,
Tony,
aresult
bank
Vice1992,
they
jointly
acquired
athe
residential
the
rentals
of
a4)widow
building
belonging
to Rizza.
In
272)
and
his
family.
Itwas
confers
upon
ainherited
family
the survived
that
theyears
benefit
a direct
of such
Kevin's
heirs?
How
much
is each
ofhouse
bequeathing
all the
properties
she
acquired
by
lucrative
title
(par.
2,
Art.
148,
other
brother
D.
Claiming
that
he
is
entitled
to
president,
and
Susan,
an
entertainer,
lived
Property
Relations;
Unions
without
Marriage
(1992)
and
lot,
as
well
as
a
condominium
unit
in
fine,
the
sum
of
P500.000.00
had
been
part
of
right
to
enjoy
such
property,
which
must
agreement,
Kevin's heirs entitled to
from Code).
her parents, to her sister Miguela. Upon
Civil
inherit
from
his
father's
brother
C.
A
brought
together
as
husband
and
wife
without
the
In
1989,
Rico,
then
a
widower
forty
(40)
years
Makati.
In
1995,
they
decided
to
change
their
the
fruits
received
during
the
period
of
remain
with
constituting
it as a
inherit?
her death,
thethe
will person
was presented
for probate.
suit
to obtain
his share
in
the
estate
C. Will
benefit
of
marriage
although
they
were
of age,home
cohabited
with
Cora,
a widow
thirty
property
relations
to the
regime
ofofcomplete
cohabitation
from
their
separate
property,
a
SUGGESTED
ANSWER:
family
and
his
heirs.
It
cannot
be
seized
Jorge opposed probate of the will on the
SUGGESTED
ANSWER:
his
action
prosper?
capacitated
to
many
each
other.
Since
Tony's
(30)
years
of
age.
While
living
together,
they
separation
of
property.
Mila
consented,
as
she
1.
Since
the
marriage
settlement
was
entered
car
worth
P100.000.00.
being
used
by
the
by
creditors
except
special
cases.
ground
that the
will in
was
executed
by (Taneo,
his wifeJr. No, the action of A will not prosper. On the
salary
was
more
than
enough
for
their
needs,
acquired
from
their
combined
earnings
a
was
then
engaged
in
a
lucrative
business.
The
into
without
the
consent
and
without
the
common-law
spouses,
was
donated
Just
months
v.
Court his
of Appeals,
G.R.much
No. 108532,
March
9,
(a) How, under
should
premise
that the
B, law
C and
D the
arebank
legitimate
without
knowledge,
less
consent,
and
Propertystopped
Relations;
Marriage Settlements
(1991)
Susan
working
and merely
"kept
parcel
of
riceland.
spouses
signed
a house
private
participation
ofan
the
parents
(they
did
not
ago
to Rizza
by
her
parents.
Luis
and
Rizza
1999)
deposit
of then
P200,000.00
the
anddocument
lot sign
brothers,
as
illegitimate
child
of
B, A
that
it
deprived
him
of
his
legitime.
After
all,
After Rico
and Cora
separated,
Rico
house".
During
that period,
Tony
waslived
able to
dissolving
their
conjugal
partnership
the
document),
the
marriage
settlement
is isand
now
decide
to
terminate
their
cohabitation,
valued
at
P500.000.00
and
the
car
worth
cannot
inherit
in
intestacy
from
C
who
a
he
had
given
her
no
cause
for
disinheritance,
SUGGESTED
ANSWER:
together
Mabel,inaamaiden
sixteen (16)
buy
a lot with
and
house
plush subdivision.
agreeing
onbrother
abe
complete
separation
of
property.
invalid
applying
Art.
78,
F.C.
which
provides
and
they
ask
you
toof
give
them
your
legal
advice
P100.000.00
allocated
toPage
them?
legitimate
B.
Only
the
wife
of
C
in
added
Jorge
in
his
opposition.
41
of
119
years of age.
While
living Tony and Susan
However,
after
five years,
that
a minor
on
following:
herthe
own
right and the
decided to separate.
SUCCESSION
CIVILCIVIL
LAWLAW
Answers
Answers
to thetoBAR
the BAR
as Arranged
as Arranged
by Topics
by Topics
(Year(Year
1990-2006)
1990-2006)
(c)
X=
1/2
by representation
of B ofC=l/2
Y = 1/4
This is
died,
hea was
casesucceeded
of ineffective
by his
disinheritance
surviving wife
because
1028
for
being
in consideration
her adulterous
with
the testator. She is,of
therefore,
disqualified to receive the
by
representation
C
a
man and
that the
did not
approve
of isThey
not
marrying
Irma,
his father
legitimate
unborn
child.
relation
legacy. Ernie will receive the legacy in his favor because it is not
a ground
disinheriting
D. Therefore,
divided
thefor
estate
equally between
them, the
the
inofficious.
Thein
institution
of Baldo,
which
the free
(d)
X - 1/3
his own
right
Y- applies
1/3 inonly
histoown
institution
of D-l the
and parents
D-2 shallofbeIsidro.
annulled
child
excluding
An
portion, will be respected. In sum, the estate of Lamberto shall be
right
2 -as1/3
in his own right
insofar aschild
it prejudices
the legitime
D, and
distributed
follows:
unborn
is considered
bornof for
all
the institution
of D-l to
and
shall only
purposes
favorable
it D-2
provided
it is apply
born
on
in theborn
amount
of
later.the
The free
child portion
was considered
because,
Heir Legitime Legacy Institution TOTAL
P500,000.00.
Therefore,lifeD,ofD-l
and
D-2seven
will
having
an intra-uterine
more
than
get their it
legitimes
of P500.000.00
divided
months,
lived for
a few minutes
afterinto
its
Baldo 500,000 200.000 700,000 Elvira 250,000
three equal
parts and
D-llegitimate
and D-2 because
will get a
complete
delivery.
It was
it
250,000 Ernie 50,000 50,000 TOTAL 750,000
D
P166,666.66
reduced
testamentary
of
was
born within
the valid disposition
marriage of the
50,000 200,000 1,000,000
D-lSuccession
P166,666.66
+ the
P250.000.00
P250,000.00
each. Hence,
shares
be:
parents.
is favorable
to will
it. When
D-2died,
P166,666.66
+ P250,000.00
the child
Irma inherited
the share of the
ANOTHER ALTERNATIVE ANSWER:
child.
However,
the
share
of
the
child in the
ALTERNATIVE ANSWER:
Disinheritance;
Ineffective; Preterition (2000)
Same answer as the first Alternative Answer
hands
of
Irma
is
subject
to
reserva
troncal
for
If his
the last
marriage
void. Irma
has no
In
will andistestament,
Lamberto
1)
except as to distribution. Justice Jurado solved
the
benefit ofrights
the relatives
of thetochild
within
successional
withWilma
respect
Isidro
but
disinherits
his daughter
because
"she
is
this problem differently. In his opinion, the
the
of
consanguinity
and with
who
she third
woulddegree
have
successional
rights
disrespectful
towards
me and raises
her voice
legitime of the heir who was disinherited is
belong
the line
of Isidro.
respectto
to
child.
talking
to the
me",
2) omits entirely his spouse
distributed among the other compulsory heirs
Heirs;
Intestate
Heirs; aShares
(2003)
Elvira,
3) leaves
legacy
of P100,000.00 to his
in proportion to their respective legitimes,
Luis
was Rosa
survived
two legitimate
mistress
andby
P50,000.00
to hischildren,
driver
while his share in the intestate portion. If any,
two
children,his
hisson
parents,
Ernieillegitimate
and 4) institutes
Baldoand
as two
his
is distributed among the other legal heirs by
brothers.
SUGGESTED
He
ANSWER:
left
estate
of P1 his
million.
sole heir. How
willanyou
distribute
estateLuis
of
accretion under Article 1018 of the NCC in
The
disinheritance
of Wilma was ineffective
died
intestate.
Who
P1,000,000.00?
(5%)are his intestate heirs, and proportion to their respective intestate shares.
because
the
relied
uponinby
testator
how much
is ground
the share
of each
histhe
estate?
Heir the
Legitime
Distribution
of Wilmas
Legacy Institution
In sum
distribution
shall
be as follows:
SUGGESTED
ANSWER: maltreatment under Article
does
not constitute
TOTAL Legitime Baldo 250,0000 125,000 200,000 575,000
The
intestate
heirs
are
the
two
(2)
legitimate
919(6) of the New Civil Code. Hence, the
Wilma (250.000) Elvira 250,000 125.000 375.000 Ernie 50,000
children
and the
two (2) illegitimate
50.000 TOTAL 500,000 250,000 50,000 200,000 1,000,000
testamentary
provisions
in the will children.
shall be
In
intestacy
of the
decedent
is
annulled
but the
onlyestate
to the
extent
that her
divided
the legitimate and illegitimate
legitime among
was impaired.
-half
the such
share
of each
children
that
the legitimate
share does
of each
The total
omission
of
Elvira
not
Their
sharepreterition
are : For
each
legitimate
child.
illegitimate
child
is one
constitute
because
she is not a
child
P333,333.33
eachdirect line. Only
compulsory
heir inForthe
illegitimate
child
P166,666.66
compulsory heirs in the direct line may be the
Heirs; Intestate Heirs; Reserva Troncal (1995)
(Article
New Civil Code;
Family
subject
of983,
preterition.
Not Article
having176,
been
Isidro and Irma, Filipinos, both 18 years of
preterited, she will beCode)
entitled only to her
age, were passengers of Flight No. 317 of
Intestate
Succession
(1992) of Rosa is void under
The
legacy
in favor
legitime.
Airlines. The plane they boarded was
F had three
A, B, of
and
C. B Oriental
has
Article
1028(3)
forlegitimate
being in children:
consideration
her
of
Philippine
registry. While en route from
(1) legitimate
child X.with
C has
two
(2) legitimate
one
adulterous
relation
the
testator.
She is,
Manila
to
Greece
some passengers hijacked
children: Ydisqualified
and Z. F andtoAreceive
rode together
in a of
therefore,
the legacy
the
plane,
held
the
chief pilot hostage at the
car and perished
together
same pesos
time inin
100,000
pesos. The
legacyatofthe
50,000
cockpit
and
ordered
him to fly instead to Libya.
a vehicular
accident,
F and
A died, each
of
favor
of Ernie
is not
inofficious
not having
During the hijacking Isidro suffered a heart
them
leaving
substantial
estates
in
intestacy.
exceeded the free portion. Hence, he shall be
attack
and was
therule
verge
death. Since
a) institution
Who are the
heirsapplies
of F? What
d) As Judge,
I on
shall
as of
follows:
Jorge is
The
of intestate
Baldo,
which
only are
to their
entitled
to receive
it.
Irma
was
already
eight
months
pregnant
by
respective
fractional
shares?
entitled
to
receive
his
legitime
from
the
estate
the free portion, shall be respected. In sum,
Who are
intestate
heirs
of A? What are
Isidro,
she pleaded
the
hijackers toinallow
of his wife.
He was to
not
disinherited
the will
theb)estate
of the
Lamberto
will
be distributed
as their
respective fractional shares?
the
pilot that
to solemnize
her ground
marriagefor
evenassistant
assuming
he gave
follows:
c)
If
B
and
C
both
predeceased
F,
who
are
Fs
with
Isidro.
Soon
after
the
marriage,
Isidro
disinheritance, hence, he is still entitled
to his
Baldo----------------heirs?
What
are
their
respective
fractional
intestate
expired.
As
the
plane
landed
in
Libya
legitime. Jorge, however, cannot Irma
receive
450,000
they
in their own right or gave
by birth.from
shares?inherit
Do
However,
the baby
died aHe
fewcannot
anything
the free
portion.
Wilma--------------Explain
your
answer.
representation?
minutes
after
complete
delivery.
Back
in theheir
claim
preterition
as
he
is
not
a
compulsory
250,000
d)
If
B
and
C
both
repudiated
their
shares
in
Philippines
Irma
Immediately
filed
a
claim
for
1,000,000
in
the
direct
line.
There
being
no
preterition,
Elvira----------------the estate of F who are F's intestate heirs?
inheritance.
Theofparents
of Isidro
opposed
the institution
the sister
was valid
andher
the
250,000
Disinheritance;
What areANSWER:
their respective fractional shares?
ALTERNATIVE
claim
contending
marriage
between
only right
ofIneffective
Jorgethat
is (1999)
tothe
claim
his legitime.
Ernie----------------TheDo
disinheritance
of Wilma was
disrespect
Mr. and
Palma,
widower,
hasab
three
daughters
they inherit
in effective
their because
own right
orof,by
her
Isidro
was void
initio
on the D, D50,000
and raising of voice
to, her father constitute maltreatment under
SUGGESTED
ANSWER:
l
and
D-2.
He
executes
a
Will
disinheriting
D
representation?
Explain
your
answer,
following grounds: (a) they had not given their
Article
of the New Civil Code. She is, therefore, not entitled to
(a) B919(6)
=
because
she
married
a
man
he
did
not
like,
inherit
anything.
Her
inheritance
will
go
to
the
other
legal
heirs.
The
consent
to thehave
marriage
of their son;rights
(b) there
2.
Does Irma
any successional
at
1/2
total
Elvira
is not
because she
a 1/2
and no
instituting
daughters
D-1
D-2 as his
was
marriage
license; (c)
theand
solemnizing
(b) omission
B = 1/2of Z
= 1/4
bypreterition
representation
of isCnot
C=
all?
Discuss
fully.
compulsory heir in the direct line. She will receive only her legitime.
heirs to
his
estate
of P 1,000,000.00,
officer
had
noentire
authority
to perform
the
SUGGESTED
ANSWER:
Article
of ofthe
Civil
Code
that
The
legacy982
in favor
Rosa
is void
under provides
Article
Upon
Mr,
Palma's
death,
how
should
his estate
2.
Irma
succeeded
to
the
estate
of
Isidro
as
marriage;
and,
(d)
the
solemnizing
officer
did
grandchildren inherit by right of
SUGGESTED
ANSWER:
be divided?
Explain.
his
surviving
spouseof(5%)
tomarriage
the estate
of her
not
file an affidavit
with
the proper
representation.
legitimate
child. When Isidro
civil registrar.

Eugenio
c)
Since
spouse
the
(Dela
has
total
Merced
inlegitime
the succession
v. Dela
of the
Merced,
compulsory
the same
Gr No.
heirs
share
126707,
be
legitime
5M
isasset
inherited
aside
of the
as
bylegitimate
Mario's
Mrs. Luna
conjugal
children
from share
Mr.
and
Luna
from
it follows
will
thebethat
property.
from
her by
The
her
other
parents.
half,
amounting to child
one million
pesos, is her
25 P750,000.00,
each
of the
children,
the balance
c) C has of
noP250,000.00
share
is
legitime
of
one
legitimate
is P100,000.
that
of1999).
community
the
inherited
February
ALTERNATIVE
because
the free
hisANSWER:
portion.
father is
still alive hence

It
depends.byIf representation
Antero was not
acknowledged
succession
shall
not apply
by
Antonio,
the
motion
to
dismiss
should
Legitime;
Compulsory
Heirs
vs.
Secondary
Compulsory
d)
D
inherits
P30.000
which
is
the
sharebe
(Art. 975).
granted
because
Antero
is not aT legal
heir of
of
Heirs
of his(2005)
father
E who
predeceased
by virtue
Antonio.
If the
Antero
was
acknowledged,
the
Emil,
theon
testator,
hasof
three
legitimate
Art. 981
right
representation.
motion
be
denied
because
Article
e)
Fshould
has
noHenry
share
because
his a
father
children,
Tom,
and
Warlito;
wife G 992
is
not
applicable.
This
is
because
Antero
repudiated
the parents
inheritance.
named
Adette;
namedUnder
Pepe Article
and
Pilar;is
claiming
his
inheritance
from
his
illegitimate
977illegitimate
heirs who repudiate
theirbrother,
share may
not
an
child, Ramon;
Mark;
Intestate
Succession;
Reserva Troncal (1999)
father,
not from
Eugenio.
be represented.
and
a sister,
Nanette.
Since his wife Adette is
Mr.
Luna died, leaving
an estate of Ten Million
Intestate
(1998)
well-off,Succession
he wants
to leave to his illegitimate
(P1
0,000,000.00)
Pesos.
His
widow gave
birth
Enrique
died, leaving
a net
hereditary
estate
child as much
of his estate
as
he can legally
to
a
child
four
months
after
Mr,
Luna's
death,
of P1.2
Hean
is survived
bynet
hisamount
widow, of
do.
His million.
estate has
aggregate
but
the
child died
five hours legitimate
after birth. Two
three
legitimate
children,
Pl,200,000.00,
and
all the two
above-named
days
after the sired
child's
the widow
of
Mr.
grandchildren
bydeath,
aEmil
legitimate
child to
who
relatives
are still living.
now comes
Luna
also
died
because
she
had
suffered
from
SUGGESTED
ANSWER:
predeceased
and two
you
for advicehim,
in making
a recognized
will. How will you
P600,000.00
legitime
to
be divided
equally
SUGGESTED
ANSWER:
difficult
childbirth.
The
estate
of Mr.
Luna
illegitimate
children.
Distribute
estate
in is
distribute
his
estate
according
tothe
his
wishes
Under
the
theory
of Concurrence,
the
shares
between
Tom,
Henry
and
Warlito
as
the
now
being
claimed
by his
parents,
and the
intestacy.
[5%]
without
violating
the law on child)
testamentary
SUGGESTED
are
as follows:
(legitimate
=
legitimate
children.
Each
willisbeentitled
entitled
to Mr.
parents
ofANSWER:
his Awidow.
Who
to
succession?
(5%)
Half
of
the
estate
of
Mr.
Luna
will go toCthe
P200,000
B
(legitimate
child)
=
P200,000
P200,000.00.
(Art.
888,
Civil
Code)
Luna'a estate and why? (5%)
parents
of Mrs.
Luna
asRamon
their D
inheritance
from
(legitimate
child)
= P200,000
(legitimate
P100,000.00
-- share
of
the
illegitimate
Mrs.
Luna,
while
the
other
half
will
child)
= O (predeceased]
(legitimate
child. Equivalent
to 1/2 ofEthe
share ofchild
eachof be
inherited
by
the
parents
of
Mr.
Luna
D)
= P100,000
- by(Art.
right176,
of representation
F as the
legitimate
child.
Family Code)
reservatarios
of
the
reserved
property
(legitimate
child
D) = P100,000
by right
of is
P200,000.00
of
Adette
the wife.- Her
share
inherited
by
Mrs.
Luna from
her
child.
representation
G (illegitimate
child)
=
P100,000
equivalent
to
the
share
of
one
legitimate
When Mr. Luna died, his heirs were hischild.
wife
1/2
share
of
the
legitimate
child
H
(illegitimate
(Art. 892,
par.
2, Civil
Code)The unborn child
and
the Pilar,
unborn
child.
Pepe
and
the parents
are only secondary
child)
= P100,000
ANOTHER
ANSWER: - 1/2 share of the legitimate
inherited
because
the -cannot
inheritance
compulsory
heirs
and
they
inherit
the
child
Wthe
(Widow)
= of
P200.000
same
share
as if was
Under
theory
Exclusion
the free
portion
favorable
to
it
and
it
was
born
alive
later
primary
compulsory
heirs
(legitimate
children)
legitimate
(P300,000)child
is distributed only among the
though
it (Art.
lived887,
onlypar.
for five
hours.
Mrs. Luna
are
alive.
Civil
legitimate
children
and is 2,
given
toCode)
them in
inherited
half
of
the
10
Million
estate
while the
addition to their legitime. All other Intestate
unborn
child
inherited
the
other
half.
Brother
Mark
and
sister
Nanette
are
not
heirs are entitled only to their respective When
the
child The
died,
itLegitime
was survived
by its
mother,
compulsory
heirs
since
they
are
not
included
legitimes.
distribution
isFree
as
follows:
Portion
Total
Mrs.
Luna.
As
the
only
heir,
Mrs.
Luna
in[legitimate
the enumeration
under
of the
A
child) P150.000
+ Article
P 75,000 887
- P225.000
B
{legitimate
child)
P150.000of+ law,
P150.000
inherited,
operation
the estate
of the
Civil
Code.by
P225.000
C (legitimate
P150.000
+ P inheritance
75.000
The remaining
balance
is the
child
consisting
ofchild)
its of
5P300,000.00
Million
P225.000 D (legitimate child) 0 0 0 E (legitimate
free
portion
whichIncan
given to
from
Mr. Luna.
thebehands
of the
Mrs. Luna,
child of D) P 75,000 + P35.500 - P112,500 F
illegitimate
child
Ramon
as
an
instituted
heir.
what
she
inherited
from
her
child
was
(legitimate child of D) P 75.000 + P 37.500 - subject
(Art.reserva
914,
Civil
Code)
If
given
by 0the-P of the
to
troncal
forso the
benefit
P112,500
G (illegitimate
child)
P 75.000
75,500
H (illegitimate
child)
P 75.000
P 75,500
decedent,
would
receive
a -total
of
relatives
ofRamon
the child
within
the0third
degree
of
When
Mrs.
Luna died,
she was survived by her
W
(Widow)
P150,000
0
-P150.000
Preterition
(2001)
P400,000.00. and who belong to the family of
consanguinity
parents
as
her
only heirs.
Herbeen
parents will
Because
her
eldest
Juanthe
had
Mr.
Luna,
the
line son
where
property came
inherit
her
estate
consisting
of
the
5 Million
pestering
her for(1998)
capital to start a business,
from.
Intestate Succession
she
inherited
from
Mr.
Luna.
The
other 5
Josefa
him P100,000.
yearsMario,
later,
Tessie gave
died
survived
by from
herFive
husband
Million
she
inherited
her
child
will be
Josefa
died,
leaving
a lastand
willJorelle,
and testament
and two
nieces,
Michelle
who
areas
delivered
to
the
parents
of
Mr.
Luna
in
which
she instituted
only
her
four
younger
the
legitimate
children
of
an
elder
sister
who
beneficiaries
of sole
the reserved
children
as her
heirs.
At property.
the time of she
her
hadsum,
predeceased
Theof
only
In
5 Millionher.
Pesos
Mr.property
Luna's estate
death,
her
only
properly
left
was
P900,000.00
left behind
wasparents
a houseofand
lotLuna,
worthwhile
two the
will
go to the
Mrs.
in
a bank.
Juanwhich
opposed
theand
willher
on the
ground
million
pesos,
Tessie
husband
other 5 Million Pesos will go to the parents of
of
preterition.
How
should
Josefa's
estate
be
ALTERNATIVE
ANSWER:
had
acquired
with the use of Mario's savings
Mr.
Luna
as
reservatarios.
SUGGESTED
ANSWER:
divided
among
her
heirs?
State
briefly
the
If
the
child
had
an
intra-uterine
life
of
not
less
than
7
months,
from his
income
as a doctor.
How
much
of itthe
There
was
nofather.
preterition
of the
the
oldest
son
inherited
from for
the
Inanswer.
which case,
estate
of 10M
will be
SUGGESTED
ANSWER:
reason(s)
your
(5%)
property
orthe
its
value,
if and
any,the
may
Michelle
and
because
the
testatrix
donated
100,000
divided1001
equally
between
the child
widow
as legalpesos
heirs.
Article
of
Civil Code
provides,
"Should
brothers
and
Jorelle
claim
as child,
their
shares?
[5%]
Upon
the
death
ofdonation
the
its hereditary
share
of widow
5M shall
go
by operation
of
sisters
or their
children
survive
with
the
or
widower,
the latter
to
him.
This
is considered
an
advance
law to
the
mother,
which
shall
be subject
to reserva
troncal.
shall
be
entitled
toinheritance.
one-half
of the
inheritance
and the
brothers
and
on
the
son's
There
being
no Under
Art. 891,
reserva
is to
in favor
of relatives
belonging
to estate
the
sisters
orthe
their
children
the other
half." Tessie's
gross
preterition,
the
institutions
in the
will
shall
paternal line
who
are
3 degrees
the
child.
The beit
consists
of a and
house
and
lotwithin
acquired
during from
her marriage,
making
respected
but are
the
legitime
of theofportion
oldest
son
parents
of Mr,
Luna
entitled
to the one-half
reserved
which
is 5M
part
of the
community
property.
Thus,
the said
property
as they
are
related if
from
The
would
have
has
to
be2todegrees
completed
hechild.
received
less.
After collating the donation of P100.000 to the
remaining property of P900,000, the estate of
the testatrix is P1,000,000. Of this amount,
one-half or P500,000, is the
conjugal share (net estate), and should be distributed to her

The
legitime, therefore, of the oldest son is
intestate heirs. Applying the above provision of law, Michelle and
However,
ifHowever,
the child
had tointra-uterine
life
of
P100,000.
since
the
donation
given
Jorelle,
Tessie's
nieces,
are entitled
one-half
of her conjugal
less was
thanone
7 months,
half
of already
thepesos,
estate
oftheMr.
him
P100,000,
he
received
in
share
worth
million pesos,
orhas
500,000
while
other
one-half
to P500,000
will
go to
Mario,
Tessie's
surviving
Luna,
orlegitime
5M, will
be he
inherited
by
the
widow
full
hisamounting
and
will
not
receive
spouse.
and
Jorelle
are other
then
to P250,000
pesos
Article
977
of
the
Civil
Code
provides
that
(Mrs. Michelle
Luna),
while
the
half,
or 5M,
will
anything
anymore
from
theentitled
decedent.
The
each as who
their hereditary
share.their share cannot be
heirs
repudiate
be inherited
by the parents
of Mr.
Luna.
Upon
remaining
P900,000,
therefore,
shall
go to
the
represented.
ALTERNATIVE
the death
ofANSWER:
Mrs.
Luna,
estate ofin5M
four
younger
children
byher
institution
thewill
Intestate Succession
(1997)
Assuming
that
donation
is valid as to form
be inherited
by the
herequally
own parents.
will,
to be divided
among them. Each
"T"
died
intestate
on 1cannot
September
1997.He
and
substance,
Juan
invoke
preterition
Legitime
(1997)
will receive P225,000.
was
survived
by (1999)
M was
(his
mother),
WW
(his
because
he actually
had
received
a (his
donation
Intestate
Succession
"X", the
decedent,
survived
by
widow),
A and
B (his
children),
Cwith
inter
vivos
from
the
(III Tolentino
Mr.
and
Mrs.
Cruz,
who
are
childless,
met
widow).
(his
son),
Blegitimate
(atestatrix
granddaughter,
being
(his
grandson,
the
legitimate
son
of B),
188,1992
ed.).ofbeing
He
would
onlyDhave
atwo
right
to a
a
serious
motor
vehicle
with
Mr.
Cruz
the
daughter
A)
and
Caccident
and
(the
D
(his
grandson,
being
the sonbeside
E906
who
completion
hisMrs.
legitime
under
Art.
of
at
the other
wheelof
and
Cruz
seated
him,
acknowledged
illegitimate
children
ofofthe
was
a
legitimate
son
of,
and
who
predeceased,
the
Civil
Code.
The
estate
should
be
divided
resulting
thedied
instant
of Mr. leaving
Cruz. Mrs.
decedent).in"X"
thisdeath
year (1997)
a
"T"),
and
Fof
(his
grandson,
being
the
son
of each
G,
a
equally
among
the
five
children
who
will
Cruz
was
still
alive
when
help
came
but
she
net estate
P180,000.00.
All
were
willing
to
legitimate
son
who
repudiated
the
inheritance
receive
P225,000.00
because
the
total
also
died
on
the
way
to
the
hospital.
The
succeed, except A who repudiated the
from
"T").
His
distributable
net
estate
is
hereditary
estate,
after
collating
the
donation
couple
acquired
properties
worth
One
Million
inheritance
from
his
father,
and
they
seek
your
P120.000.00.
How
should
this
amount
be to In
to
Juan
(Art. on
1061,
CC),
would
be
P1expect
million.
(P1,000,000.00)
Pesos
during
their
marriage,
legal
advice
how
much
each
can
SUGGESTED ANSWER:
ANSWER:
SUGGESTED
shared
in
intestacy
among
heirs?
the
actual
distribution
of
net
estate,
Juan
which
are
being
claimed
bythe
thesurviving
parents
of
both
receive
as
their
respective
shares
in
the
The
legal
heirs
A,
B,
D,
W.
C
is nothing
Preterition;
Compulsory
(1999)
The
heirs
are
B,are
W,Heir
C and
D.and
A inherits
SUGGESTED
ANSWER:
gets
nothing
while
his
siblings
will
spouses
in
equal
shares.
Is
the
claim
of
both
distribution
of
the
estate.
Give
your
answer.
excluded
byhis
B who
still alive.
D inherits
inget
(a)
No, the
claim
ofis both
parents
is not
because
of
renunciation.
B inherits
a valid.
P225,000.00
each.
sets
of
parents
valid
and
why?
(3%)
representation
of
E who
F is
(a)
Mr,
widower,
has
legitimate
When
Mr.
Cruz
died,
he
was
succeeded
byonly
his
legitime
ofCruz,
P90.000.00
aspredeceased.
the three
nearest
and
excluded
because
repudiation
of
G,
the
children,
A,
Bparents
and of
C. the
Heinheriting
executed
a Will
wife
and his
as
his
intestate
heirs
who
legitimate
descendant,
in
his
own
T.
The
answer
may
beequally.
premised
onlegitimate
two
predecessor.
M
isheirs
excluded
the
instituting
asrepresentation
his
to hisby
estate
of
will
share
estate
His
estate
right
not
byhis
because
ofOne
A's was
theories:
the
Theory
of
Exclusion
and
the
children
of pesos
Million
(P1,000,000.00)
Pesos
his
two
children
0.5
Million
which
is his half
share
into
the
renunciation.
W gets
a legitime
equivalent
Theory
Concurrence.
A
and B,of(1
and
his
friend
Upon histodeath,
how
absolute
community
Million
one-half
/ 2)
that
of amounting
BF.amounting
to1P45.000.
Under
the
Theory
Exclusion
the
(b)
In the
preceding
suppose
Mr.
should
Mr.
Cruz's
be divided?
Explain.
Pesos.
His
wife,
will,
therefore,
inherit
C
and
D
each
getsestate
aofquestion,
legitime
equivalent
toO.25
onelegitimes
of
the
heirs
are
accorded
them
and
Cruz
instituted
his
two
children
A
and
B
as
his
(3%)
Million
Pesos
parents to
will
inherit
0.25
half
(1/2)
that and
of B his
amounting
P45.000.00
the
free
portion
will
be
given
exclusively
to
When
Mrs.
Cruz
died,
she
was
succeeded
heirs
in
his
Will,
but
gave
a
legacy
of
P
Million
Pesos.
each.
But
since the total exceeds the entire by
the
legitimate
descendants.
Hence
under
her
parents
ashis
her
intestate
heirs.
They
will
100,000.00
friend
F. How
should
thethe
estate, theirto
legitimes
would
have
to
be
ALTERNATIVE
ANSWER:
Exclusion
Theory:
A
will
get
P20.000.00.
and
P 0.5
inherit
all
of
her
estate
consisting
of
her
estate
of
Mr,
Cruz
be
divided
upon
his
death?
reduced corresponding to P22.500.00 each
SUGGESTED
ANSWER:
INTESTATE
13.333.33
(1/3
of the free
portion)
B willcommunity
get P
Million
half
share
in
the
Explain,
(2%)
(Art.
895.
CC).
Thethe
total
ofabsolute
all of these
(a)
Assuming
that
institution
of
A,
Bamounts
andher
F
20,000.00.
and
P13.
333.33
(1/3
of
the
free
SUCCESSION
ESTATE:
and
her 0.25 Million inheritance from
to
P180.000.00.
W(widow
gets
1/2
share)
P90.000.00
(Art.
998)
were
to
the
entire
estate,
there
was
preterition
portion)
D
will
get
P20.000.00.
and
P13.
333.33
P180,000.00
husband,
or a is
total
of 0.750
Million
Pesos.
W,
the
widow
to the
legitime
ofdirect
Awho
his
None
Art.
of (son
C
since
Crepudiated
isparents
a limited
compulsory
the
(1/3
of
the
free
portion)
In
sum,
the
of inheritance)
Mr. heir
Cruzinwill
inherit
P20.000.00
Under
the
Theory
of
977)
B
(Granddaughter)
None
C
line. The Pesos
preterition
in the
totalCruz
250,000
whilewill
the result
parents
of Mrs.
(Acknowledged
illegitimate
child)
P45.000.00
Concurrence.
In institution
addition
toof
their
legitimes,
annulment
of
the
heirs.
will
inherit
750,000
Pesos.
(Art.998)
Dof- (Acknowledged
illegitimate
child)
the
heirs
A, B,
D and Wof
will
given
equal
Intestate
Succession
(2000)
Therefore,
the
institution
A, be
B and
F will
be
P45,000.00
(Art.
998)
The
acknowledged
A: P20.000.00
plus
P10.000.00
(1 /4 of the free
shares
in
the
free
portions:
Eugenio
set
aside
and
died
Mr.
without
Cuz's
estate
issue,
will
leaving
be
divided,
several
illegitimate
childplus
getsP10.000.00
1/2 of the share
B: P20,000.00
(l/4 of
ofeach
the free
portion)
parcels
ofchild.
land equally
in Bataan.
He A,
was
survived
by
as
intestacy,
among
B and
C asfree
legitimate
C: in
P20,000.00
plus
P10.000.00
(1/4
of the
portlon)
Legitime;
Compulsory
Heirs
(2003)
Antonio,
follows:
A
his
P333,333.33;
legitimate
brother;
B
P333.333.33;
Martina,
and
the
W:
P20,000.00
plusassumption
P10,000.00 (l/4
of the (a),
freethere
portion)
(b)
On
thesurvived
same
as letter
only
daughter
of
his legitimate
predeceased
sister
Luis
C
P333,333.33.
was
by two
children,
portion)
Alternative
Answer:
Shares
in
Intestacy
Twas
preterition
of
C. Therefore,
thechildren
institution
Mercedes;
two
illegitimate
and
children,
five
legitimate
his
parents,
and
decedent
Estate:
P120.000.00
Survived
by:
M two
- of
of
A and B
is annulled
but the
legacy
of Shortly
Joaquin,
another
predeceased
brother.
brothers.
He
left an
estate
million.
Who
Mother............................None
W -of P1
P100.000.00
to
F
shall
be
respected
for
notdied,
after
are
the
Eugenio's
compulsory
death,
heirs
of
Antonio
Luis,
how
also
much
is
Widow.............................P 30,000.00 A being
inofficious.
Therefore,
remainder
of
leaving
three
legitimate
the
legitime
of each,
and
howthe
is children.
the free
Son.................................P
30,000.00
Bmuch
P900.000.00
be divided
equally among
A, B
SUGGESTED
Subsequently,
portion
of ANSWER:
hiswill
estate,
Martina,
if any?
the children
of Joaquin
Son.................................P30.000.00
- Grandson
(son of
The
compulsory
heirsofare
theCtwo
legitimate
and C.
and
the
children
Antonio
executed
B).............None D - Grandson (son of E who predeceasedan
children
and the
two illegitimate
children.
The
extrajudicial
settlement
of (son
the
of
T)................P 30,000.00
F - Grandson
of Gestate
who
parents
are
excluded
by
the
legitimate
Eugenio,
dividing
it
among
themselves.
The
repudiated the Inheritance from"T").......................None
children,
while
the brothers
are not
succeeding
year,
a petition
to annul the
compulsory
heirs
at
all.
Their
respective
extrajudicial
settlement
was
filed
by Antero, an
Explanation:
legitimate
are:
a)of
The
legitimewho
of the
two (2)
illegitimate
son
Antonio,
claims
a)
The
mother
(M)
cannot
inherit
from
T
half (1/2)
of the is
estate
(P500,000.00)
tohe
beisdivided
legitimate
children
one
entitled
to
share
in
the
estate
of
Eugenio.
The
because
under
Art.
985
the
ascendants
shall
SUGGESTED
ANSWER:
between them
equally, or P250,000.00 each. b)
defendants
filed
a legitimate
motion
to children
dismiss
on
the
inherit
in default
of
and
The legitimate
motion
toof dismiss
should
be
granted.
each
illegitimate
child
is oneground
that
Antero
is
barred
by
Article
992
b)
The
widow's
share
is
P30.000.00
descendants
of
the
deceased.
Article
992
does
not
apply.
Antero
is
not
or
half(1/2) the legitime of each legitimate child of
the
Civilunder
Code
from
because
Art,from
996 it inheriting
states
that if
theHethe
claiming
any
inheritance
from Eugenio.
is
P125,000.00.
legitimate
brother
ofinhis
How
will
you
widow or his
widower
legitimate
children
claiming
shareand
thefather.
inheritance
ofor
his
resolve
the motion?
descendants
are left,
the surviving
father
consisting
of(5%)
his
father's share in the
inheritance of
A. A MODAL
objected,
arguing
INSTITUTION
that it should
is the be
institution
in Jolo of
before
mother,
a
in favor of another sister, with their mother
court
an
heir
since
made
his for
lands
a are
certain
in Sulu.
purpose
But Adils
or cause only
Sharia
not giving her authority thereto but even
sisters871
(Arts.
in Pakistan
and 882,
want
NCC).
the proceedings
SUBSTITUTION
held is signing said deeds, there is a valid partition
in Lahore
the
appointment
before of
a Pakistani
another heir
court.
so Which
that he may inter vivos between the mother and her
court has
enter
into jurisdiction
the inheritance
and is
inthe
default
proper
of the
venue
heir children which cannot be revoked by the
for the intestate
originality
instituted.
proceedings?
(Art. 857,The
NCC).
law of
mother. Said deeds of sale are not contracts
B.
In acountry
SIMPLE
SUBSTITUTION
of heirs,
which
shall
govern succession
to his the entered into with respect to future
SUGGESTED
ANSWER:
"It would be unjust for the mother to revoke
testator
designates
one or more persons to inheritance.
estate? (5%)
In
so far asthe
theheirs
properties
of the
substitute
instituted
in decedent
case such heir the sales to a son and to execute a simulated
located
the Philippines
arehim,
concerned,
they
or heirsinshould
die before
or should
not sale in favor of a daughter who already
are
governed
by
Philippine
law
(Article
16,
wish or should be incapacitated to accept the benefited by the partition."
SUGGESTED ANSWER:
Civil
Code). Under
law, the proper
inheritance.
In Philippine
a
FIDEICOMMISSARY
C. Yes, under Arts. 51 and 52 of the New
venue for the settlement
of the institutes
estate is the
SUBSTITUTION,
the testator
a first
Family Code. In case of legal separation,
domicile
the decedent
the time
of his
heir
and of
charges
him to at
preserve
and
transmit
annulment of marriage, declaration of nullity
death.
Since
last resided
Cebu
the
whole
or the
partdecedent
of the inheritance
to in
a second
of marriage and the automatic termination of a
City,
that
is
the
proper
venue
for
the
intestate
heir. In a simple substitution, only one heir
subsequent marriage by the reappearance of
However,
the
successional
rights to the estate
settlement
of
his
estate.
inherits. In a fideicommissary substitution, both
the absent spouse, the common or community
of ADIL are governed by Pakistani law, his
the first and second heirs inherit. (Art. 859 and
property of the spouses shall be dissolved and
national
law,
under
Article
16
of
the
Civil
C.
Betina
869,
NCC)has a cause of action against Divino.
Art, 51. In said partition, the value of the
liquidated.
Code.
This is a case of a testamentary disposition
presumptive legitimes of all common children,
Succession;
Death;
Presumptive
Legitime
(1991)
subject to a mode and the will itself provides
computed as of the date of the final judgment
a) For
purposes
of succession,
is death
deemed
for
the
consequence
if thewhen
mode
is not
of the trial court, shall be delivered in cash,
occur or take
place?
b) Maythe
succession
be will
to
complied
with.
To enforce
mode, the
property or sound securities, unless the
conferred
by
contracts
or
acts
inter
itself gives Betina the right to compel the
parties, by mutual agreement, judicially
vivos?
Illustrate.
c)
Is
there
any
law
which
return of the property to the heirs of
approved, had already provided for such
allows
the
delivery
to
Theodore. (Rabadilla v. Conscoluella, 334
The
children of their guardian, or the trustee
compulsory
heirs
of
their
presumptive
legitimes
Wills;
Formalities
(1990)
matters.
SCRA 522 [2000] GR 113725, 29 June 2000).
of
their
property, may ask for the enforcement
the
lifetime
of their by
parents?
If so,
in what
during
(1) If
a will
is executed
a testator
who
is a
of
the
judgment.
SUGGESTED
ANSWER:
instances?
Filipino
citizen, what law will govern if the will
The delivery of the presumptive legitimes
A.
Death asinathe
factPhilippines?
is deemed to
occur
when
is executed
What
law
will it
herein prescribed shall in no way prejudice
actually
takes
place.
Death
is
presumed
to
take
govern if the will is executed in another
the ultimate successional rights of the
place
in the
circumstances
under Arts. 390country?
Explain
your answers.
children accruing upon the death of either or
391
of
the
Civil
Code.
The
time
of
death
is
(2) If a will is executed by a foreigner, for
both of the parents; but the value of the
presumed
to
be
at
the
expiration
of
the
10year
instance, a Japanese, residing in the
properties already received under the decree
period
as
prescribed
by
Article
390
and
at
the
Philippines, what law will govern if the will is
of annulment or absolute nullity shall be
moment
of
disappearance
under
Article
391.
executed in the Philippines? And what law will
Art.
52. Theas
judgment
ofon
annulment
or of
B.
Under
Art.
84
of
the
Family
Code
amending
considered
advances
their legitime.
govern if the will is executed in Japan, or some
absolute
nullity
of
the
marriage,
the
partition
Art
130
of
the
Civil
Code,
contractual
other country, for instance, the U.S.A.? Explain
and
distribution
of
the
properties
of
the
succession
is
no
longer
possible
since
the
law
your answers.
spouses, and the delivery of the children's
now requires that donations of future property
presumptive legitimes shall be recorded in the
be governed by the provisions on the
ALTERNATIVE ANSWER:
appropriate civil registry and registries of
testamentary
succession and formalities of
B. In the case of Coronado vs.CA(l91 SCRA81),
property; otherwise, the same shall not affect
wills.
it was ruled that no property passes under a
Wills;
Institution of Heirs; Substitution of Heirs
thirdCodicil;
persons.
will without its being probated, but may under
(2002)
Article 1058 of the Civil Code of 1898, be
By virtue of a Codicil appended to his will,
[Many-Oy
144SCRA33).
sustained vs.
as aCA
partition
by an act inter vivos
Theodore devised to Divino a tract of sugar
land, with the obligation on the part of Divino
And in the case of Chavez vs, IAC 1191
or his heirs to deliver to Betina a specified
SCRA211), it was ruled that while the law
volume of sugar per harvest during Betinas
prohibits contracts upon future inheritance,
Proceedings;
Jurisdiction
lifetime.
It Intestate
is also Proceedings;
stated in the
Codicil(2004)
that in
the partition by the parent, as provided in Art.
In his
a Pakistani
citizen,Betina
ADIL,
the
eventlifetime,
the obligation
is not fulfilled,
1080 is a case expressly authorized by law. A
marriedimmediately
three times
Pakistani
should
seizeunder
the property
fromlaw.
person has two options in making a partition of
When
died anheirs
old widower,
heover
left to
behind
Divino he
or latters
and turn it
his estate: either by an act inter vivos or by
six
children,
two
sisters,
three
homes,
and
Theodores compulsory heirs. Divino failed toan
will. If the partition is by will, it is imperative
estate
worth
at least
30 million
pesos
in the
fulfill the
obligation
under
the Codicil.
Betina
that such partition must be executed in
of
heirs.
(3%)
b)
Distinguish
between
simple
Philippines.
He
was
born
in
Lahore
but
brings suit against Divino for the reversion last
of
accordance with the provisions of the law on
and tract
fideicommissary
resided
inofCebu
where he had
a mansion
the
land. City,
a) Distinguish
between
substitution
of heirs.
(2%)
c) Doeschildren
Betina have
wills; if by an act inter vivos, such partition
and
where
two
ofand
his
youngest
now
modal
institution
substation
a cause
of
action
against
Divino?
may even be oral or written, and need not be in live
and
work.
Two
of
his
oldest
children
are
"Where
sisters
execute
of is
sale
Explain
(5%)
the formseveral
of a will,
provided
the deeds
legitime
not
farmers
in
Sulu,
while
the
two
middle-aged
over
their 1 /6 undivided share of the
SUGGESTED ANSWER:
prejudiced.
children are employees in Zamboanga City.
paraphernal property of their
Finding that the deceased left no will, the
youngest son wanted to file intestate
proceedings before the Regional Trial Court of
Cebu City. Two other siblings

SUGGESTED ANSWER:
Yes, the will may be probated in the

Philippines insofar as the estate of Eleanor is
concerned. While the Civil Code prohibits the
execution of Joint wills here and abroad, such
prohibition applies only to Filipinos. Hence,
the joint will which is valid where executed is
valid in the Philippines but only with respect
to Eleanor. Under Article 819, it is void with
ALTERNATIVE ANSWER:
respect
to Manuel whose joint will remains
The will cannot be probated in the Philippines,
void in the Philippines despite being valid
even though valid where executed, because it
where executed.
is prohibited under Article 818 of the Civil
Code and declared void under Article 819, The
prohibition should apply even to the American
wife because the Joint will is offensive to public
policy. Moreover, it is a single juridical act
which cannot be valid as to one testator and
Wills;
Intrinsic
Validity (1990)
void Probate;
as to the
other.
H died leaving a last will and testament
wherein it is stated that he was legally
married to W by whom he had two legitimate
children A and B. H devised to his said forced
heirs the entire estate except the free portion
which he gave to X who was living with him at
In
explained that he had been
the said
time will
of hishedeath.
estranged from his wife W for more than 20
years and he has been living with X as man
and wife since his separation from his
legitimate family.
In the probate proceedings, X asked for the
issuance of letters testamentary in accordance
with the will wherein she is named sole
executor. This was opposed by W and her
(a) Should the will be admitted in said
children.
(b)
Is theproceedings?
said devise to
probate
(c)
Was it proper for the trial court to consider
X valid?
the
intrinsic
validity of the provisions of said
SUGGESTED
ANSWER:
(1)
will?
a.Explain
If the testator
your answers,
who is a Filipino citizen
executes his will in the Philippines, Philippine
law will govern the formalities.
b. If said Filipino testator executes his will in
another country, the law of the country where
he maybe or Philippine law will govern the
formalities. (Article 815, Civil Code}
SUGGESTED ANSWER:
(2) a. If the testator is a foreigner residing in

the Philippines and he executes his will in the
Philippines, the law of the country of which he
is a citizen or Philippine law will govern the
formalities.
b. If the testator is a foreigner and executes
his will in a foreign country, the law of his
place of residence or the law of the country of
which he is a citizen or the law of the place of
execution, or Philippine law will govern the
formalities (Articles 17. 816. 817. Civil Code).
POSSIBLE ADDITIONAL ANSWERS:
a. In the case of a Filipino citizen, Philippine

law shall govern substantive validity whether
he executes his will in the Philippines or in a
foreign country.
b. In the case of a foreigner, his national law

shall govern substantive validity whether he
executes his will in the Philippines or in a
foreign country.
Wills; Holographic Wills; Insertions & Cancellations (1996)
Vanessa died on April 14, 1980, leaving behind
a holographic will which is entirely written,
dated and signed in her own handwriting.
However, it contains insertions and
cancellations which are not authenticated by
her signature. For this reason, the probate of
Vanessa's will was opposed by her relatives
SUGGESTED
who stood ANSWER:
to inherit by her intestacy. May
Yes, the will as originally written may be
Vanessa's holographic will be probated?
probated. The insertions and alterations were
Explain.
void since they were not authenticated by the
full signature of Vanessa, under Art. 814, NCC.
The original will, however, remains valid
because a holographic will is not invalidated by
ALTERNATIVE
ANSWER:
the unauthenticated
insertions or alterations
It
depends. As a rule, a holographic will is not
(Ajero v. CA, 236 SCRA 468].
adversely
affected
by
Insertions
or
cancellations which were not authenticated by
the full signature of the testator (Ajero v. CA,
236 SCRA 468). However, when the insertion
or cancellation amounts to revocation of the
will, Art.814 of the NCC does not apply but
Art. 830. NCC. Art. 830 of the NCC does not
require the testator to authenticate his
cancellation for the effectivity of a revocation
effected through such cancellation (Kalaw v.
Relova, 132 SCRA 237). In the Kalaw case, the
original holographic will designated only one
heir as the only substantial provision which
was altered by substituting the original heir
with
another
heir.
Hence,
if
the
Wills; Holographic
Wills; Witnesses
(1994)
unauthenticated cancellation amounted to a
On his deathbed, Vicente was executing a will.
revocation of the will, the will may not be
In the room were Carissa, Carmela, Comelio
probated because it had already been revoked.
and Atty. Cimpo, a notary public. Suddenly,
there was a street brawl which caught
Comelio's attention, prompting him to look out
the window. Cornelio did not see Vicente sign a
SUGGESTED
will. Is theANSWERS:
will valid?
a) Yes, The will is valid. The law does not
require a witness to actually see the testator
sign the will.
It is sufficient if the witness
could have seen the act of signing had he
chosen to do so by casting his eyes to the
b)
Yes, direction.
the will is valid. Applying the "test of
proper
position", although Comelio did not actually
see Vicente sign the will, Cornelio was in the
proper position to see Vicente sign if Cornelio
so wished.
Wills; Joint Wills (2000)
Manuel, a Filipino, and his American wife
Eleanor, executed a Joint Will in Boston,
Massachusetts when they were residing in
said city. The law of Massachusetts allows the
execution of joint wills. Shortly thereafter,
Eleanor died. Can the said Will be probated in
the Philippines for the settlement of her
estate? (3%)
SUGGESTED ANSWER:
(a) Yes, the will may be probated if executed

according to the formalities prescribed by law.
(b) The institution giving X the free portion is
not valid, because the prohibitions under Art.
739 of the Civil Code on donations also apply
to testamentary dispositions (Article 1028,
Civil Code), Among donations which are
considered void are those made between
persons who were guilty of adultery or
concubinage at the time of the donation.
(c) As a general rule, the will should be
admitted in probate proceedings if all the
necessary requirements for its extrinsic validity
have been met and the court should not
consider the intrinsic validity of the provisions
of said will. However, the exception arises when
the will in effect 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. Hence, the trial court may consider the
intrinsic validity of the provisions of said will.
(Nuguid v. Nuguid, etal.. No. L23445, June 23,
1966, 17 SCRA; Nepomuceno v. CA, L-62952,
Wills; Probate; Notarial and Holographic Wills (1997)

Johnny, with no known living relatives,
executed a notarial will giving all his estate to
his sweetheart. One day, he had a serious
altercation with his sweetheart. A few days
later, he was introduced to a charming lady
who later became a dear friend. Soon after, he
executed a holographic will expressly revoking
the notarial will and so designating his new
friend as sole heir. One day when he was
clearing up his desk, Johnny mistakenly
burned, along with other papers, the only copy
of his holographic will. His business associate,
Eduardo knew well the contents of the will
which
was shown to him by Johnny the day it
SUGGESTED ANSWER:
was probate
executed.
few
days after
The
of Athe
notarial
will the
will burning
prosper.
incident,
Johnny died.
Both wills
were sought
The holographic
will cannot
be admitted
to
to
be probated
inatwo
separate petitions.
Willbe
probate
because
holographic
will can only
either
or
both
petitions
prosper?
probated upon evidence of the will itself unless
9 October
206).
1985.
139
SCRA
there is a photographic copy. But since the

holographic will was lost and there was no
other copy, it cannot be probated and therefore
ADDITIONAL
ANSWERS:
the notarial
will will be admitted to probate
1. In the case of Gan vs. Yap (104 Phil 509),
because there is no revoking will.
the execution and the contents of a lost or
destroyed holographic will may not be
proved by the bare testimony of witnesses
who have seen or read such will. The will
itself must be presented otherwise it shall
produce no effect. The law regards the
document itself as material proof of
authenticity. Moreover, in order that a will
may be revoked by a subsequent will, it is
necessary that the latter will be valid and
executed with the formalities required for
the making of a will. The latter should
possess all the requisites of a valid will
whether it be ordinary or a holographic
will, and should be probated in order that
the revocatory clause thereof may produce
effect. In the case at bar, since the
holographic will itself cannot be presented,
it cannot therefore be probated. Since it
cannot be probated, it cannot revoke the
notarial will previously written by the
decedent.
2. On the basis of the Rules of Court, Rule
76, Sec. 6, provides that no will shall be
proved as a lost or destroyed will unless its
provisions are clearly and distinctly proved
by at least two (2) credible witnesses.
Hence, if we abide strictly by the twowitness rule to prove a lost or destroyed
will, the holographic will which Johnny
allegedly mistakenly burned, cannot be
probated, since there is only one witness,
Eduardo, who can be called to testify as to
the existence of the will. If the holographic
will, which purportedly, revoked the earlier
notarial will cannot be proved because of
the absence of the required witness, then
the petition for the probate of the notarial
will should prosper.
due to formal defects. Assuming that a copy of excluded

the
by a legitimate son of the decedent [Art.
Civil
Code]. This follows the principle that the
is
may it now be admitted to
firstavailable,
will
887, New
probate and given effect? Why?
descendants exclude the ascendants from
SUGGESTED ANSWER:
inheritance.
Yes, the first will may be admitted to probate
and given effect. When the testator tore first
Wills; Testamentary Intent (1996)
will, he was under the mistaken belief that the
Alfonso, a bachelor without any descendant or
second will was perfectly valid and he would
ascendant, wrote a last will and testament in
not have destroyed the first will had he known
which he devised." all the properties of which I
that the second will is not valid. The
may be possessed at the time of my death" to
revocation
by
destruction
therefore
is
his favorite brother Manuel. At the time he
dependent on the validity of the second will.
wrote the will, he owned only one parcel of
Since it turned out that the second will was land. But by the time he died, he owned twenty
invalid, the tearing of the first will did not
parcels of land. His other brothers and sisters
produce the effect of revocation. This is known
insist that his will should pass only the parcel
No, the first will cannot be admitted to probate.
as
the
doctrine
of
dependent
relative
of land he owned at the time it was written,
While it is true that the first will was successfully
revocation
(Molo v. Molo, 90 Phil 37.)
and did not cover his properties acquired,
revoked by the second will because the second
SUGGESTED ANSWER:
which
be bybecause
intestate
succession.
will was later denied probate, the first will was,
Manuelshould
is correct
under
Art. 793,
Manuel
claims
otherwise.
Who
is correct?
nevertheless,
revoked
when
the
testator
NCC, property acquired after the
making of a
Explain.
(Diaz
v. De
Leon,
43 Phil
destroyed
it after
executing
the413
second invalid
will shall only pass thereby, as if the testator
[1922]).
will.
Wills; Testamentary Disposition (2006)

Don died after executing a Last Will and
Testament leaving his estate valued at P12
Million to his common-law wife Roshelle. He is
survived by his brother Ronie and his half(1)
Was
Don's testamentary disposition of his
sister
Michelle.
estate in accordance with the law on
succession? Whether you agree or not, explain
SUGGESTED
your
answer.ANSWER:
Explain.Yes, Don's testamentary
disposition of his estate is in accordance with

the law on succession. Don has no compulsory
heirs not having ascendants, descendants nor
a spouse [Art. 887, New Civil Code]. Brothers
and sisters are not compulsory heirs. Thus, he
can bequeath his entire estate to anyone who
is not otherwise incapacitated to inherit from
him. A common-law wife is not incapacitated
under the law, as Don is not married to
(2)
If Don failed to execute a will during his
anyone.
lifetime, as his lawyer, how will you distribute
SUGGESTED
ANSWER: (2.5%)
After paying the legal
his
estate? Explain.
obligations of the estate, I will give Ronie, as

full-blood brother of Don, 2/3 of the net estate,
twice the share of Michelle, the half-sister who
shall receive 1/3. Roshelle will not receive
anything as she is not a legal heir [Art. 1006
New Civil Code].
had possessed it at the time of making the

will, should it expressly appear by the will that
such was his intention. Since Alfonso's
intention to devise all properties he owned at
the time of his death expressly appears on the
will, then all the 20 parcels of land are
included in the devise.
DONATION
Donation vs. Sale (2003)

a) May a person sell something that does not belong
him? Explain. b) May a person donate
to
something that does not belong
to him? Explain. 5%
SUGGESTED ANSWER:
(a) Yes, a person may sell something which

does not belong to him. For the sale to be
valid, the law does not require the seller to be
the owner of the property at the time of the
sale. (Article 1434, NCC). If the seller cannot
transfer ownership over the thing sold at the
time of delivery because he was not the owner
(b)
As a general
a person
cannotofdonate
thereof,
he shall rule,
be liable
for breach
something
which
he
cannot
dispose
of at the
contact.
time of the donation (Article 751, New Civil
Code).
(3) Assuming he died intestate survived by his

brother Ronie, his half-sister Michelle, and his
legitimate son Jayson, how will you distribute
SUGGESTED
his
estate? ANSWER:
Explain. Jayson
(2.5%) will be entitled to
the entire P12 Million as the brother and

sister will be excluded by a legitimate son of
the decedent. This follows the principle of
proximity, where "the nearer excludes the
(4)
Assuming further he died intestate,
farther."
survived by his father Juan, his brother Ronie,

his half-sister Michelle, and his legitimate son
Jayson, how will you distribute his estate?
SUGGESTED
ANSWER: Jayson will still be entitled
Explain.
(2.5%)
to the entire P12 Million as the father, brother

and sister will be
Wills; Revocation of Wills; Dependent Relative Revocation

(2003)
Mr. Reyes executed a will completely valid as
to form. A week later, however, he executed
another will which expressly revoked his first
will, which he tore his first will to pieces. Upon
the death of Mr. Reyes, his second will was
presented for probate by his heirs, but it was
denied probate
CIVILCIVIL
LAWLAW
Answers
Answers
to thetoBAR
the BAR
as Arranged
as Arranged
by Topics
by Topics
(Year(Year
1990-2006)
1990-2006)
SUGGESTED
ANSWER:
No. In simple
or pure donation, only the illegal or
As
judge, Icondition
will grant
motion not
to dismiss.
impossible
is the
considered
written
Armando
has
no
personality
to
bring
action
but the donation remains valid andthe
becomes
for
annulment
of
the
sale
to
Conrado.
Only
an
free from conditions. The condition or mode
aggrieved
party
to
the
contract
may
bring
the
being a mere accessory disposition. Its nullity
action
for affect
annulment
thereof (Art.
1397.
NCC).
does not
the donation
unless
it clearly
While
is heir
andnotsuccessor-inappearsArmando
that the donor
would
have made
interest
of hiswithout
motherthe
(Art.
1311,
NCC), he
the donation
mode
or condition.
[standing
in place
of onerous
his mother)
has no
On the other
hand,
donation
is
personality
to annul
the contract.
Both are
not
governed by
the rules
on contracts.
Under
aggrieved
parties
on account
of their
own
Article 1183,
Impossible
or illegal
conditions
violation
of the
the obligation
condition of,
or restriction
on,
shall annul
which
depends upon
Donations;
Mortisboth
Causa
(1990)
their
imposed
by the
the
donation.
them.ownership
In Formalities;
these cases,
obligationOnly
and
B
M his
a parcel
land inhave
1980.the
B
the
donor toor
heirs ofwould
thedonated
condition
are
void.
made the deed
donation,
entitled
personality
to of
bring
an action
to Donation
revoke a
Inter Vivos,
in a public
instrument
and or
M
donation
for violation
of a condition
thereof
accepted
the donation
the sameu.document.
a
restriction
thereon. in(Garrido
CA, 236
It was450).
provided
in the deed
the land
SCRA
Consequently,
whilethat
the donor
or
donated
shall
be
immediately
delivered
M
his heirs were not parties to the sale, to
they
and
that
M
shall
have
the
right
to
enjoy
the
have
the right
to annul the contract of sale
ALTERNATIVE
ANSWER:
fruits
fully.
deed
also
provided
B was
because
their
rights
are
prejudiced
one
of
As
judge,
I The
will
grant
the
motion that
tobydismiss.
reserving
the
right
to
dispose
of
said
land
the contracting
parties
thereof [DBP
v. CA,
96a
Compliance
with
a condition
imposed
by
during 342;
his (Bs)
and that
M
shall
not
SCRA
Teves
vs.an
PHHC.
23to SCRA
114].
donor
gives
riselifetime,
to
action
revoke
the
register
the
deed
of
donation
until
after
Since
Armando
is
neither
the
donor
nor
heir
of
donation under Art. 764, NCC. However, Bs
the
death.
Upon
Bs
death,
W,
Bs
widow
and
sole
the
donor,
he
has
no
personality
to
bring
the
right of action belongs to the donor. Is
heir, filed
an action
the recovery
of the
action
for annulment.
transmissible
to hisforheirs,
and may
be
SUGGESTED
ANSWER:
donated
land,
contending
that
the
donation
Yes, the action
will prosper.
The donation
is a
exercised
against
the donee's
heirs. Since
made by mortis
Bisisan
a donation
mortis
causa
donation
causaofbecause
the
reservation
Armando
heir
the
donee,
notand
of not
the
a to
donation
inter
vivos.
Will donated
said
action
is
dispose
of
all the
property
and,
donor,
he has
no
legal
capacity
to sue
for
prosper? Explain
your
answer.
therefore,
the
donation
is Although
revocablehe
atiswill.
revocation
of the
donation.
not
Accordingly,
the donation
seeking
such revocation
but anrequires
annulmentthe
of
execution
of a valid
will, either
notarial had
or
the
sale which
his mother,
the donee,
holographic
755,of728
executed
in (Arts
violation
theNCC).
condition imposed
Donations;
Formalities;
Causa
by
the donor,
an Mortis
action
for(1998)
annulment of a
Ernesto may
donated
in a only
public
instrument
a
contract
be brought
by those
who are
parcel
of
land
to
Demetrio,
who
accepted
it
in
principally or subsidiarily obliged thereby (Art.
the same
document.
It is there
declared
1397,
NCC).
As an exception
to the
rule, itthat
has
the
donation
shall
take
effect
immediately,
been held that a person not so obliged may
with the donee
the right ifto hetake
nevertheless
ask having
for annulment
is
possession in
of his
the rights
land and
receiveone
its of
fruits
prejudiced
regarding
the
Such
detriment
or
prejudice
cannot
be
shown
but not to dispose
of(DBP
the land
while
Ernesto
is
contracting
parties
us. CA.
96Armando's
SCRA 342
by Armando.
As for
a forced
heir,following
alive
as well
as
ten
years
his
and
other
cases)
and
can
show
the
detriment
interestMoreover,
in the property
was,
at
best, a in
mere
death.
Ernesto
also
reserved
the
which
wouldThe
result
toofhim
from
the
contract
in
expectancy.
sale
the
land
by
his
mother
same
deed
his
right
to
sell
the
property
should
which
he
had
no
intervention,
(Teves
vs.
PHHC,
diddecide
not impair
any ofvested
right.
fact
he
to dispose
it at any
timeThe
- a right
23
SCRA that
1141).
remains
the
premature
sale
made
by
which he did not exercise at all. After his
his
mother Ernesto's
(premature
because
only half
of the
death,
heirs
seasonably
brought
an
SUGGESTED
period to
of ANSWER:
the ban
had
elapsed)
was that
not
action
recover
the
property,
alleging
Yes,
the suit
will prosper
as vices
the donation
did
voidable
at all,
of it
the
of consent
the
donation
wasnone
void
as
did not
comply
with
not
comply
with
the
formalities
of
a
will.
In
this
under
Art. 139of of
the Will
NCCthe
being
present.
the
formalities
a
will.
suitnot
prosper?
Donations;
Conditions;
Revocation
(1991) did
instance,
the fact
that
the dismiss
donor
intend
Hence,
the
motion
to
should
be
[5%]
Spouses
Michael
and or
Linda
donated ofa the
3to
transfer
ownership
possession
granted.
hectare
residential
land
to
the
City
of
Baguio
donated property to the donee until the donor's
on thewould
condition
the city mortis
government
death,
resultthat
in a donation
causa
would
buildkind
thereon
a public the
park
with a
and
in this
of disposition,
formalities
boxing
arena,
thebeconstruction
of which
shall
of
a will
should
complied with,
otherwise,
commence
within
six In
(6)this
months
from donation
the date
the
donation
is void.
Instance,
the parties
the donation.
mortis
causaratify
embodied
only inThe
a donee
public
ALTERNATIVE
ANSWER:
accepted
the
donation
and
the
title
to
the
instrument
without
the
formalities
of
a will
One of the essential distinctions between a donation inter vivos
property
transferred
itsownership
name.
Five
could
notwas
have
of
and
a donation
mortis
causatransferred
is that whilein
the former
is
years elapsed
buttothe
public park with the
disputed
property
another.
boxing arena was never started. Considering
the failure of the donee to comply with the
condition of the donation, the donor-spouses
sold the
property to Ferdinand
irrevocable,
the latter is
who
revocable.
then sued
In to
the problem
the
clauses
conditions
in the
given,
allthe or
recover
land
from thementioned
city government.
deed
of donation,
except one, are consistent
Will the
suit prosper?
SUGGESTED
ANSWER:
with
the rule
of irrevocability and would have
Ferdinandthe
hasview
no right
theisland.
sustained
that to
therecover
donation
interIt is
true
that
the
donation
was
revocable
because
vivos and therefore valid. The lone exception
is
of breach
of the
conditions.
But until
and
the
clause which
reserves
the donor's
right to
unless
donation
was
revoked,
sell
the the
property
at any
time
before it
hisremained
death.
valid.aHence,
Spouses
Michael
Linda the
had
Such
reservation
has been
heldand
to render
no
right
to
sell
the
land
to
Ferdinand.
One
donation revocable and, therefore, becomes a
cannot give
what
he does
have. What 15
the
donation
mortis
causa
(Puignot
vs. Penqflorida,
donors
should
have
done
first
was
to
have
the
SCRA 276, at p. 286). That the right was not
donation annulled
or revoked.
And after
exercised
immaterial;
its reservation
was that
an
ALTERNATIVEisANSWER:
was
done,
they
could
validly
have
disposed
of
implied
of the
power
A. Untilrecognition
the contract
of donor's
donation
hastobeen
the
land
in
favor
of
Ferdinand.
nullify
theor
donation
anytime
he Article
wished to
do of
resolved
rescinded
under
1191
so.
Consequently,
it shouldunder
have been
the
Civil
Code
or
revoked
Art.
764
of
the
Donations; Inter Vivos; Acceptance (1993)
embodied
in the
a last
will andstands
testament.
The suit
Civil
Code,
donation
effective
and
On January 21, 1986, A executed a deed of
for
nullity
will thus prosper.
valid.
Accordingly,
made
by the
donation
inter vivos the
of asale
parcel
of land
to donor
Dr. B
to
Ferdinand
cannot
be
said
to
have
conveyed
who had earlier constructed thereon a building
title
to Ferdinand,
thereby,
has
no cause
in which
researcheswho,
on the
dreaded
disease
of
action
for
recovery
of
the
land
acting
for
AIDS were being conducted. The deed,
B.
The
donation
is onerous, And being
and
in
his
behalf.
acknowledged before a notary public, was
onerous, what applies is the law on contracts,
handed over by A to Dr. B who received it. A
and not the law on donation (De Luna us.
few days after, A flew to Davao City.
Abrigo, 81 SCRA 150).
Accordingly, the
Unfortunately, the airplane he was riding
prescriptive period for the filing of such an
crashed on landing killing him. Two days after
action would be the ordinary prescriptive
the unfortunate accident. Dr. B, upon advice of
period for contacts which may either be six or
a lawyer, executed a deed acknowledged
ten depending
upon whether it is verbal or
SUGGESTED
ANSWER:
before
notary public
accepting
the
donation.
Alternative
Answer:
No, theadonation
is of
notthe
effective.
Theyears
law later
written.
The filing
case five
The
law
on
donation
lays
down
a of
special
Is
the
donation
effective?
Explain
your
answer.
requires
that the
the separate
acceptance
the
is
within
prescriptive
period
and,
prescriptive
period
in
the
case
of
breach
of
donee of an
immovable
must
be done in a
therefore,
the
action can
prosper,
condition,
which
is
four
years
from
nonpublic document during the lifetime of the
compliance
thereof
(Article
764 Civil
Code).
donor (Art. 746
& 749,
Civil Code)
In this
Since
the
action
has
prescribed,
the
suit
will
case,
B executed
the
deed ofconditions
acceptance
Donations;
Effect; illegal
& immoral
(1997)
not
prosper,
before
a notary
public
the donor
Are
the
effects
of after
illegal
and had
immoral
Donations;
Perfection
(1998)
already
died.
conditions
on
simple
donations
the
same
On July 27, 1997, Pedro mailed in Manila a as
those
effects
that would
follow when
such
letter to
his brother,
Jose, a resident
of Ilollo
conditions
aretoimposed
on
donations
concar
causa
City,
offering
donate
a
vintage
sports
SUGGESTED ANSWER:
onerosa?
which
thedon't
latterhave
had the
longsame
beeneffect.
wanting
to buy
No, they
Illegal
or
from
the
former.
On
August
5,
1997,
Jose
impossible
conditions
in
simple
and
called
Pedro bydonations
cellular phone
to considered
thank him for
remuneratory
shall be
as
his
generosity
and
to
inform
him
that
he was
not imposed. Hence the donation is valid.
The
sending
by
mail
letter of acceptance.
donation
will
be his
considered
simple or Pedro
pure.
Donations; Condition;
Capacity to Sueas(1996)
never
received
that
letter
because
it was
never
The
condition
or mode
is merely
accessory
Sometime
in 1955,
Tomas
donatedan
a parcel
of
mailed.
On August
14,
1997,does
Pedro
received
a
disposition,
and
its
nullity
not
affect
the
land
to
his
stepdaughter
Irene,
subject
to
the
1.
Is there
a perfected
telegram
from
Iloilo
informing
him
that
Jose
donation,
unless
clearly
appears
that
condition
that
she it
may
not same
sell,
transfer
or the
2.
Will
your
answer
the
if the
Joseday
did
donation?
[2%]
had
been
killed
in a be
road
accident
donor
would
not
have
made
the received
donation
cede his
the
same for
twenty
years.
Shortly
mail
acceptance
letter
but
it
was
before
(August
13,
1997)
Donations
con
causa
onerosa is governed by
without
the
mode
thereafter,
died.ordays
Incondition.
1965,
she
by
inhe
Manila
afterbecause
Jose's
death?
lawPedro
on obligations
and contracts,
under
which
needed money for medical expenses, Irene
[3%]
an impossible or Illicit condition annuls the
sold the land to Conrado. The following year,
obligation dependent upon the condition
Irene died, leaving as her sole heir a son by
where the condition is positive and suspensive.
the name of Armando. When Armando learned
If the impossible or illicit condition is negative,
that the land which he expected to inherit had
it is simply considered as not written, and the
been sold by Irene to Conrado, he filed an
obligation is converted into a pure and simple
action against the latter for annulment of the
one. However, in order that an illegal condition
sale, on the ground that it violated the
may annul a contract, the impossibility must
restrictionANSWER:
imposed by Tomas. Conrado filed a
ADDITIONAL
exist at the time of the creation of the
motion to dismiss, on the ground that
obligation; a supervening impossibility does
Armando did not have the legal capacity to
not affect the existence of the obligation.
sue. If you were the Judge, how will you rule
on this motion to dismiss? Explain.
had donated
hand,
assumingtothat
said
thebaby
sportsbefore
car costs
it was
less
then
that
the
the baby
donation
died?maybe
Statedoral,
otherwise,
but still,
is the
the
P5,000.00
considering
simultaneous
donation
validdelivery
and binding?
of theExplain.
car is needed
(5%) and
SUGGESTED
ANSWER:
there being
none, the donation was never
The
donation is valid and binding, being an act
perfected.
SUGGESTED ANSWER:
favorable
to the unborn child, but only if the
2. Yes,
theananswer
is the life
same.
If Jose's
mail
baby
had
intra-uterine
of not
less than
containing
his
acceptance
of
the
donation
was
seven months and provided there was due
received by of
Pedro
the former's
death,
acceptance
the after
donation
by the proper
then the
donation issaid
stillchild.
void Ifbecause
under
person
representing
the child
had
Article
734
of the
Civil of
Code,
the donation
is
less
than
seven
months
intra-uterine
life, it
perfected
the moment
the itdonor
of the
is
not deemed
born since
died knows
less than
24
acceptance
by the
donee. The
deathease
of Jose
hours
following
its delivery,
in which
the
ALTERNATIVE
ANSWER:
before
Pedro
could
receive
the
acceptance
donation never became effective since the
Even
if thethat
baby the
had an
intra-uterine
of
indicates
was life
never
donee
never became
adonation
person, birth
being
more
than
seven
months
and
the
donation
was
perfected. Under
Article 746 acceptance must
determinative
of personality.
Donations;
Immovable
Property
properly
accepted,
itlifetime
would
voidthe
fordonor
not
be made Requisites;
during
the
ofbeboth
Anastacia
purchased
a
house
and
lot
on
having
conformed
with
the
proper
form.
In
and the donee.
installments
at athe
housing
project
in Quezon
order
to be valid,
donation
and acceptance
City.
Subsequently,
she was five
employed
in
of
personal
property exceeding
thousand
California
and
later,
she 748,
executed
pesos
should
be ain year
writing.
(Article
par. 3)a
Donations;
Resolutoryduly
Condition
(2003)
deed of with
donation,
authenticated
by the
In
1950,
Dr.
Alba
donated
a
parcel of
land to
Philippine Consulate in Los Angeles,
California,
Central
on condition
the friend
latter
donatingUniversity
the house
and lot that
to her
must
establish
medicalbrought
college on
land to
Amanda.
The a latter
thethedeed
of
be
namedtoafter
In of
the the
yearproject
2000, the
donation
the him.
owner
and
heirs
of Dr. Alba
an action left
to annul
the
discovered
that filed
Anastacia
unpaid
donation
andand
for real
the estate
reconveyance
of the
installments
taxes. Amanda
property
for the
failure,
after
paid thesedonated
so that to
thethem
donation
in her
favor
can
50
years, of the
University
to established
on
be registered
in the
project owner's
office. Two
the
property
a
medical
school
named
after
months later, Anastacia died, leaving her
their
father.
opposed
thefiled
action
mother
RosaThe
as University
her sole heir.
Rosa
an
on
the
ground
of
prescription
and
also
because
action to annul the donation on the ground that
it
had not
used
for some
Amanda
did
not the
giveproperty
her consent
in thepurpose
deed of
SUGGESTED
ANSWER:
other
than
that
stated
in
the
donation.
Should
donation
or
in
a
separate
public
instrument.
The
Rosadonation
is correct
may because
be revoked.
theThe
donation
non-established
is
void.
the
opposition
of the
toproperty
thewas
action
Amanda
replied
that
thedonated
donation
an
of
the
medical
college
onUniversity
the
was
The
property
donated
was
an
immovable.
For
of
Dr.
Albas
heirs
be
sustained?
Explain.
onerous
one
because
she
had
to
pay
unpaid
a
resolutory
condition
on the 749
donation
by
such
donation
to be imposed
valid, Article
of the
installments
andrequires
taxes;
hence
her
acceptance
the
donor.
the Deed
of Donation
did not
fix
New
CivilAlthough
Code
both
the
donation
and
maytime
be implied.
Who
correct?
(2%)
the
for the established
of public
the medical
college,
the
acceptance
to beisin
a
instrument.
the
failure
of
the
donee
to
establish
the
medical
There being no showing that Amanda's
college
after fifty
years
the making
of the
acceptance
was (50)
made
in from
a public
instrument,
donation
shouldisbevoid.
considered
as occurrence
the
the donation
The contention
thatof the
resolutory
condition,
the therefore,
donation may
nownot
be
donation is
onerousand
and,
need
revoked.
WhileArticle
the general
rulevalidity
is that in
the
comply with
749 for
is case
without
period
notdonation
fixed in the
agreement
of because
the parties,
merit. is
The
is not
onerous
it
the
must be on
fixed
first by the
before the
did period
not impose
Amanda
thecourt
obligation
to
obligation
may be demanded,
the period
of fifty
pay the balance
on the purchase
price
or (50)
the
years
was
more
than
enough
time
for
the
donee
arrears in real estate taxes. Amanda took to
it
comply
with thetocondition.
Hence,
in thisvoluntarily.
case, there
upon herself
pay those
amounts
is
noa more
needtofor
court the
to fix
the period
For
donation
be the
onerous,
burden
must
ALTERNATIVE
ANSWER:
because
such
procedure
with
the
condition.
(Central
be
imposed
by the
donor
on the
donee.
In the
ANOTHER
SUGGESTED
ANSWER:
Neither
Rosa
nor
Amanda
is
correct.
The
Philippine University v. CA. 246 SCRA 511).
problem,
there
is nonot
such
burden
imposed
by
The
donation
may
asas
yet
revoked.
The
donation
is onerous
only
to the
portion
of
the
donor oncorresponding
the
donation
establishment
of adonee.
medicalThe
is not
a
the property
tocollege
the
value
of not
the
being
onerous,
it must
comply
with
resolutory
or
condition
butthe
a
installments
andsuspensive
taxes
paid by
Amanda.
formalities
of Article 749.
charge, obligation,
or a mode. The nonThe
portion
excess
thereof or
is not
onerous.
compliance in
with
the charge
mode
will give
The onerous
portion
governed
thedonation
rules
the
donor the
rightis to
revoke by
the
on contracts
which
dofrom
not require
the
within
four (4)
years
the time
the charge
(10)
years
from
the
timebeen
the
cause
of action
acceptance
by the
donee
to be
in any
form.
was
supposed
to
have
complied
with, or
accrued.
Inasmuch
as the
time
to established
Theenforce
onerous
part,
therefore,
is valid.
The
to
the
charge
by specific
performance
the
medical
college
portion
which
is not has
onerous must comply with
within
ten
Article 749 of the New Civil
than
born
Code
not
been
which
fixed
requires
in the Deed
the donation
of Donation,
and the
theacceptance
donee is
yet
thereof
default
to be
in in
hisaobligation
public instrument
until thein
period
orderisto
not
fixed
be valid.
by order
The acceptance
of the courtnot
under
being
Article
in a public
1197
of
instrument,
the New Civil
the part
Code.
which
Sinceisthe
notperiod
onerous
has
is
not
voidbeen
and Rosa
fixed may
as yet,
recover
the donee
it from
is not
Amanda.
yet
default, and therefore the donor has no cause
Donations;
Effects;
Non-Compliance;
Resolutory
of
action Unregistered;
to revoke the
donation.
(Dissenting
Condition of
(2006)
opinion
Davide, CJ, Central Philippine
Spouses Alfredo
and
active511
University
v. Court
of Racquel
Appeals,were
246 SCRA
[1995])
members of a religious congregation. They
donated a parcel of land in favor of that
congregation in a duly notarized Deed of
Accretion; Alluvion (2001)
Donation, subject to the condition that the
For many years, the Rio Grande river
Minister shall construct thereon a place of
deposited soil along its bank, beside the titled
worship within 1 year from the acceptance of
land of Jose. In time, such deposit reached an
the donation. In an affidavit he executed on
area of one thousand square meters. With the
behalf of the congregation, the Minister
permission of Jose, Vicente cultivated the said
accepted the donation. The Deed of Donation
area. Teninstead
yearsoflater,
a big flood
occurred
in
However,
constructing
a place
of
was not registered
with the Registry
of worship,
Deeds.
the
river
and
transferred
the
1000
square
the Minister constructed a bungalow on the
meters to
opposite
bank, beside
the land of
property
hethe
used
as his residence.
Disappointed
Agustin.
The land
transferred
is now
with
the Minister,
the
spouses revoked
thecontested
donation
by Jose
and Agustin
as riparian
owners and by
and
demanded
that he vacate
the premises
SUGGESTED ANSWER:
immediately.
the Minister
refused
to leave,
Vicente whoBut
claims
ownership
by prescription.
Jose should prevail. The disputed area, which is
claiming
that aside
fromWhy?
using (5%)
the bungalow as his
Who should
prevail,?
an alluvion, belongs by right of accretion to
residence, he is also using it as a place for worship
Jose, the riparian owner (Art. 457 CC). When,
on special occasions. Under the circumstances, can
as given in the problem, the very same area"
Alfredo and Racquel evict the Minister and
was "transferred"
waters
the
recover
possession ofby
the flood
property?
If youtowere
opposite
bank,
it
became
an
avulsion
and
the couple's counsel, what action you take to
ownership
thereof
by Jose
who has
ALTERNATIVE
protect
the ANSWER:
interest is
ofretained
your clients?
(5%)
two Alfredo
years to
remove
it can
(Art.
459,anCC).
Vicente's
Yes,
and
Racquel
bring
action
for
claim based
on the
prescription
baseless
ejectment
against
Minister forisrecovery
of since
possession
of the was
property
evict the
Minister of
andJose
his possession
by mere
tolerance
recover
possessiondid
of the
An action
and, therefore,
notproperty.
adversely
affect for
Jose's
annulment
reconveyance
and CC).
possessionof the
anddonation,
ownership
(Art. 537,
damages
should
bepossession
filed to protect
the interests
Inasmuch
as his
is merely
that of
of a
Accretion;
Avulsion
(2003) is an onerous donation and
my
client.
donation
holder,
heThe
cannot
acquire the disputed area by
Andres
a be
riparian
owner
a on
parcel of
therefore is
shall
governed
by the of
rules
prescription.
registeredBecause
land. there
Hiswas
land,
however,
contracts.
no fulfillment
or has
gradually with
diminished
in which
area isdue
to the
compliance
the condition
resolutory
in
current ofthe
the
river, while
thebe
registered
land
character,
donation
may now
revoked and
all
of
Mario
onthe
the
opposite
bank
hasNo.
gradually
rights
which
donee
may have
acquired
under
it July
(Central
Philippine
University,
G.R.
112127,
ALTERNATIVE
ANSWER:
increased
in
area
by
200square
meters.
17,1995).
shall be deemed lost and extinguished
No,
an action
forbetter
ejectment
(a) Who
has the
rightwill
overnot
theprosper.
200- I
would
and
Racquel
that the
squareadvice
meter Alfredo
area that
has
been added
to
(b)
May registered
aby
third
person
acquire
said
200Minister,
constructing
a structure
which
Marios
land,
Mario
or Andres?
square
meter
by prescription?
also
serves
as land
a place
of worship, has pursued
the objective of the donation. His taking up
residence in the bungalow may be regarded as
a casual breach and will not warrant
revocation of the donation. Similarily,
SUGGESTED ANSWER:
therefore,
an action for revocation of the
1. None. There
no perfected
donation.
donation
will beisdenied
(C. J. Yulo
& Sons, Inc.
2004).
Under
Article
748
of
the
Civil
Code,
the
v. Roman Catholic Bishop, G.R. No. 133705,
donation
of
a
movable
may
be
made
orally
March 31, 2005; Heirs ofRozendo Sevilla
v. or
De
in writing.
If the
value of
the personal
Leon,
G.R.
No.
149570,
March
12,
Donations; Validity; Effectivity; for Unborn Child (1999)
property donated exceeds five thousand pesos,
Elated that her sister who had been married
the donation and the acceptance shall be
for five years was pregnant for the first time,
made in writing. Assuming that the value of
Alma donated P100,000.00 to the unborn
the thing donated, a vintage sports car,
child. Unfortunately, the baby died one hour
exceeds P5,000.00 then the donation and the
after delivery. May Alma recover the
acceptance must be in writing. In this
P100.000.00 that she
instance, the acceptance of Jose was not in
writing, therefore, the donation is void. Upon
the other
PROPERTY
had lost it by operation of law. That portion of reasonable

the
rent, if the owner of the land does not
become
land haspart of the public domain.
choose to
SUGGESTED ANSWER:
b. Yes, a third party may acquire by

prescription the 200 square meters, increase
in area, because it is not included in the
Torrens Title of the riparian owner. Hence,
P
.D. No.
1529.
fact that
riparian land is
this
does
not The
involve
the the
imprescriptibility
registered
does
not 47,
automatically make the
conferred by
Section
accretion thereto a registered land. (Grande v.
CA, 115 521 (1962); Jagualing v. CA, 194 SCRA
Builder;
Good Faith (1992)
607
(1991).
A owns a parcel of residential land worth

P500,000.00 unknown to A, a residential house
costing P 100,000.00 is built on the entire
parcel by B who claims ownership of the land.
Answer all the following questions based on
the premise that B is a builder in good faith
and A is a landowner in good faith. a) May A
acquire the house built by B? If so, how? b) If
theincreased
building in
of value
the house
thereon, what
the of
land
to P500,000.00
by
amount
should
be
paid
by
A
in order to
reason
acquire the house from B?
c)
Assuming that the cost of the house
was P90,000.00 and not P100,000.00, may A
d)
B buy
voluntarily
requireIfB to
the land? buys the land as
desired by A, under what circumstances may
A nevertheless be entitled to have the house
e)
In what situation may a "forced lease"
removed?
arise between A and B. and what terms and
conditions would govern the lease?
Give reasons for your answers.
SUGGESTED ANSWER:
(a) Yes, A may acquire the house build by B by

paying indemnity to B. Article 448 of the Civil
Code provides that the owner of the land on
which anything has been built, sown or
planted in good faith, shall have the right to
appropriate as his own the works, sowing or
planting, after payment of the indemnity
provided for in Articles 546 and 546 of the
(b)
A Code.
should pay B the sum of P50,000. Article
Civil
548 of the Civil Code provides that useful
expenses shall be refunded to the possessor in
good faith with the right of retention, the
person who has defeated him in the possession
having the option of refunding the amount of
the expenses or of paying the increase in value
which the thing may have acquired by reason
thereof. The increase in value amounts to
(c)
Yes, A may require B to buy the land.
P50,000.00.
Article 448 of the Civil Code provides that the
owner of the land on which anything has been
built in good faith shall have the right to
oblige the one who built to pay the price of
(d)
B agrees
to buy
but fails to pay,
A
the If
land
if its value
is land
not considerably
more
can
house
removed ( Depra vs.
thanhave
that the
of the
building,
Dumlao, 136 SCRA 475).
(e) Article 448 of the Civil Code provides that

the builder cannot be obliged to buy the land
if its value is considerably more than that of
the building. In such case, he shall pay
SUGGESTED ANSWER:
a. Mario has a better right over the 200 square

meters increase in area by reason of accretion,
applying Article 457 of the New Civil Code,
which provides that to the owners of lands
adjoining the banks of rivers belong the
accretion which they gradually received from
Andres
cannot
the
increase in
the effects
of the claim
currentthat
of the
waters.
Marios land is his own, because such is an
accretion and not result of the sudden
detachment of a known portion of his land and
its attachment to Marios land, a process
called avulsion. He can no longer claim
ownership of the portion of his registered land
which was gradually and naturally eroded due
to the current of the river, because he
appropriate
the
building
after
proper
indemnity. The parties shall agree upon the
terms of the lease and in case of
disagreement, the court fix the terms thereof.
Builder; Good Faith vs. Bad Faith (1999)
(a) Because of confusion as to the boundaries
of the adjoining lots that they bought from the
same subdivision company, X constructed a
house on the adjoining lot of Y in the honest
belief that it is the land that he bought from
the subdivision company. What are the
(b)
Suppose
X was
inand
good
faith respect
but Y knew
respective
rights
of X
Y with
to
that
X was (3%)
constructing on his (Y's) land but
X's house?
simply kept quiet about it, thinking perhaps
that he could get X's house later. What are the
respective rights of the parties over X's house
in this case? (2%)
Chattel
Mortgage;
The case
standing
there
of Immovables
Pecson
before X
v.(1994)
acquired
CA, 244 the
SCRA
title407
to the
, island.
square
was
not then
meters.
valued
only
claims
at P1 that
Million.
Mike
Lawrence
is a builder
foreclosure
sale,Jose
foreclosed
the mortgage
and wasin
the
bank
problem.
cannot
Inconsidered
Pecsonas
aa mortgagee
the of
builder
in
because
insolve
he should
the boundaries
his lot, and demands
house
and
lot.know
Learning
of theof proceedings
Vini
constructed
athe
building
oncase,
parcel
land
applicable
The
tobe
bad
faith
declared
acquired
Xs
that
of the
house
whichZencroached
on his land should
was
good
the
faith.
owner
On this
of the
ground,
land
Zs
who
demand
later
lost the
conducted
nt. the portion by
the
bank,
is now demanding
he
leased
from
Andrea.
He chattel
mortgaged
Assuming
the
for
Pl
be
destroyed
orthat
removed.
Mikeaircraft
replies
thatwas
he ishouse
asold
builderor
in good
property
against
atFelicia.
Bank
a public
is When
valid
saleand
due
sustainable.
to non-payment
that
the bank
reconvey
to him
Xs
the
landthe
to
he
could
not pay
Million,
give
the
order
of preference
of the
faith
and
to to
buy
the land
occupied
by the building
of taxes.Felicia
The Court
ruled
that Article 448 does
pay
Xsoffers
loan
him
plus
interests.
Is Zsinstead.
Felicia.
initiated
foreclosure
SUGGESTED
ANSWER:
Chattel
Mortgage;
Possession
(1993)
creditors
of inLawrence
and
distribute
1)
Is Mike a against
builder
good
or bad
faith?and
Why? (3%) 2) the
not
apply
to the
case
where
of the
demand
thefaith
bank
valid
proceedings.
Vini
claimed
thatthe
theowner
building
he
No,
Zs
demand
is
not
valid.
A building is
SUGGESTED
ANSWER:
A,
about
to
leave
the
country
on
a
foreign
Whose
amount
preference
of
P1
should
Million.
be
followed?
Why?
(2%)
land
is
the
builder
but
who
later
lost
the
land;
sustainable? Why? 5%
had constructed on the leased land cannot be
Assuming
that
the
aircraft
was
sold forit P1
immovable
or
real
property
whether
is
assignment,
entrusted
to B
his building
brand new
car
not
being
applicable,
the
indemnity
that
validly
foreclosed
because
the
was,
by
Million,
there
is
no
order
of
preference.
The
erected
by
the
owner
of
the
land,
by
a
SUGGESTED
ANSWER:
SUGGESTED
ANSWERS:
and its
Falsifying
A's
should
be paid toofthe
buyer
must
be the fair
law,
an certificate
immovable.
Isregistration.
Vini
correct?
1)
Yes,
Mike
is
a
builder
in
good
faith.
There
is
a)
The
Chattel
Mortgage
is
void
and
cannot
be
P1
Million
will
all
go
to
the
bank
as
a
chattel
usufructuary,
or
by
a
lessee.
It
may
be
treated
signature.
B sold
A's car
to C for
market
value
of the
building
andP200,000.00.
not just the
no
showing
that by
when
he parties
built
his to
house,
he
foreclosed
because
the
building
is an
mortgagee
because
a the
chattel
mortgage
under
as
a movable
chattel
C then
thethereof.
car
in his
name.
cost
of registered
construction
The
CourtToopined
knew
that
a
portion
thereof
encroached
on
ALTERNATIVE
ANSWER:
immovable
and
cannot
be
an
object
of
a
Art.
2241
(4)
NCC
defeats
Art.
2244
(12)
and
mortgage
but
such
is
binding
only
between
complete
the needed
amount,
C borrowed
in
that case
that to
do otherwise
would
Pedro
is
correct.
In
Pecson
vs.
CA,
it
was
held
Jose's
lot.
Unless
one
is
versed
in
the
science
chattel
mortgage.
(14}.
Art.
2241
(3)
and
(5)
are
not
applicable
them
and
not
on
third
parties
(Evangelista
v.
P100.000.00
from
savings
loan
unjustly
enrich
thethe
new
owner and
of the
land.
b)
It
depends.
the
was
that
Article
of
the building
New Civil
Code
does
of
surveying,
he
cannot
determine
the
precise
because
theCol,
aircraft
is
no 401
longer
in the
Alto
Surety
inc.
103
Phil.
[1958]).
In
association
in546
his If
office,
constituting
aintended
chattel
Easement
vs. since
Usufruct
(1995)
and
is built
ofstate
light
materials,
the
chattel
not
specifically
how
the value
ofpay
useful
location
his a property
by
possession
oforthethe
creditor.
this
case,
bank of
is not
party to the
mortgage
on the
car.
For
failure
of C
to
the boundaries
1.
What
is
easement?
Distinguish
easement
mortgage
may
be
considered
as
valid
as
improvements
should
be
determined
in
fixing
merely
examining
his
title.
In
the
absence
of
chattel mortgage, it is not bound by it, as far
amount owed, the savings and loan association
2.
Can
there
be
(a)
an
easement
over
a
from
usufruct.
between
the
parties
and
it
may
be
considered
the
amount
of
indemnity
that
the
owner
of
the
contrary
proof,
the
law
presumes
that
the
as the Bank is concerned, the chattel
filed in the RTC a complaint for collection with
usufruct? (b)
a usufruct
over
an
(c)
in
respect
them
since
land
shouldto
pay
to as
themovable
builder
in
faith.
encroachment
wasexist.
done
ineasement?
good
faith
mortgage,
does
not
Moreover,
the chattel
application
for
issuance
of
a writproperty,
of good
replevin
to
2}
None of
the
preferences
shallSCRA
be Explain.
followed.
an
SUGGESTED
easement
ANSWER:
over
another
easement?
it
can
be
removed
from
one
place
to
another.
Since
the
objective
of
the
law
is
to
adjust
the
[
Technogas
Phils,
v.
CA,
268
5,
15
mortgage
does
not
exist.
Moreover,
the
chattel
obtain possession of the vehicle so that the
The
preference
cannot
(a) The
rights
ofofbecause
Y,Mike
as owner
ofprevail
the registered.
lot,because
and of
But
if
the
building
is
of
strong
material
and
is
rights
of
the
parties
in
such
manner
as
"to
(1997)].
mortgage
is
void
it
was
not
chattel mortgage could be foreclosed. The RTC
under
Articleof448
of the
Civil Code,governed
it is the
X, as builder
house
thereon,
not
capable
of of
being
removed
or was
transferred
administer
complete
justice
to both
of them
Assuming
that ita is
valid,
it does are
not bind the
issued
the writ
replevin.
The
car
then in
owner
of
the
land
who
has
the
option
or
by
Art.
448
of
the
Civil
Code
which
grants
Y
without
being
destroyed,
the
chattel
mortgage
such
way
asand
neither
one
nor
the other
may
Bank
because
it was
not annotated on the to
title
seizeda from
C
soldland
by
the
sheriff
at
public
ANOTHER
SUGGESTED
ANSWER:
c)
If
it cannot
was
the
which
Vini
chattel
choice,
not
the
builder.
On the
other
hand, the
the
right
to
choose
between
two
remedies:
(a)
is
void
and
be
foreclosed.
enrich
himself
of
that
which
does
not
belong
of
the
mortgaged
to
the
bank.
Z cannot
auction at ANSWER:
which
the
savings would
and loan
No,
Zsland
demand
the
bank
is not
valid.
SUGGESTED
mortgaged,
such
mortgage
be basis
void, or
option
belongs
toagainst
Jose, he
cannot
demand
appropriate
the
house
by
indemnifying
X that
for
to
him",
the
Court
ruled
that
the
of
demand
that
the
Bank
pay
him
the
loan
Z
association
the lonetosince
bidder.
Accordingly,
2)
Pablounenforceable,
iswas
entitled
the he
rentals
of the
the
His
demand
that
the
bank
reconvey
to
him
Xs
at
least
was
not
the
portion
of
the
house
encroaching
on
his
its
value
plus
whatever
necessary
expenses
reimbursement
should
be
the
fair
market
extended
to
X,
because
the
Bank
was
not
privy
the
car
was
sold
to
it.
A
few
days
later,
A
building.
As
the
owner
of
the
land,
Pablo
is
presupposes
that
he
has
a real
right
If
what
was
mortgaged as a chattel is the house
owner
ofthe
thebuilding.
land.
land
be
destroyed
removed
because
is
thesuch
latter
may or
have
incurred
forthis
the
value
of
loan
transaction.
arrived
from
hischattel
foreign
assignment.
also
the
owner
of the
buildingis Learning
being
over
the
house.
All land,
that given
Zorhas
iscompel
a
personal
building,
the
mortgage
valid an
as to
SUGGESTED
ANSWER:
not
one
of
the
options
law
toX the
preservation
of the
(b)by
to
of whatthe
happened
to However,
his
car, A
towho of
accession
thereto.
Pedro
is
right
against
for
breach
of
Under
prevailing
rulings
ofsought
the
Supreme
between
the
parties
only,
on
grounds
owner
ofland
theXifland.
The owner
may
buy the
thedamages
price
offor
the
land choose
is the
not
recover
possession
and
ownership
of
it
from
entitled
to
retain
the
building
is
also
entitled
contract
of
loan.
Court,
A can
recover
car from
themortgagor
Savings
estoppel
which
wouldthe
preclude
the
between
the more
appropriation
of what
was
built
considerably
than the value
of the
house.
treatment of a house, even if built on
theretain
savings
and
loan
association.
Can
Atheapply
to
the
rentals.
He, however,
shall
and
Loan
Association
provided
pays
from
assailing
the
contract
on he
the
ground
that The
after
payment
indemnity,
or to compel
the
If it is,
then X of
cannot
be obliged
to buy the
rented
land, as movable property is void
recover
his
car
from
the
savings
and
loan
the
rentals
to
the
indemnity
payable
to
him
price
at
which
the
Association
bought
the
car
its subject-matter is an immovable. Therefore builder
to
pay
for
the
land
if
the
value
of
the
land
but
he
shall
pay
reasonable
rent,
and
in
ALTERNATIVE
ANSWER:
ALTERNATIVE
ANSWER:
insofar
as ANSWER:
third
persons, such as the bank, are
SUGGESTED
association?
Explain
your answer.
after
deducting
reasonable
cost
of Felicia
repair
and
at
a public
auction.
Under
that
doctrine,
there
Vini's
defense
is
untenable,
and
can
land
is
not
considerably
more
than
that
of
the
case
of
disagreement,
the
court
shall
fix
the
Pablo is entitled to the rentals. Pedro became
1) Since
Mikethe
cannot
be other
considered
a builder
in
(b)
lot the
owner
Y is hand,
deemed
to be
concerned.
On
the
Bank
maintenance.
has
been an
unlawful
deprivation the
by B building,
of A of
foreclose
the
building.
Otherwise,
the
builder
shall pay
rent
terms
of the
lease.
a possessor
in mortgage
bad faith over
from the time
he
good
faith
because
he
built
his
house
without
bad
faith
(Art
453),
X
as
the
party
in
good
faith
already
had
a
real
right
over
the
house
and
lot
his
car and,however,
therefore,the
A can
recoverprescribed
it from
observing,
procedure
for
the portion of the
land
encroached.
learned that
the land belongs
to Pablo. As
first
corners
boundaries
may determining
(a) mortgage
removethe
the
houseand
and
demand
when
the
was
annotated
at
the
back
anythe
person
in possession
thereof.
But since
it
for
execution
of
sale
of
a
judgment
debtor's
such, he loses his right to the building,
of
his Torrens
lot to make
sure
that later
his construction
indemnification
for
damages
suffered
by
him,
of
the
title.
The
bank
became
the
was
bought at a public
auction
in good
faith
by
immovable
Rule
39,except
Rules
Court,
including theunder
fruits thereof,
theofright
of
was
within
the
perimeter
of the
his
property.
He
or
(b)
demand
payment
of
value
of
owner
in
the
foreclosure
sale.
Z
cannot
ask
the
the
Savings
and
Loan
Association,
he
must sale ALTERNATIVE ANSWER:
specifically,
that
theFaith;
notice
of auction
Builder;
Good
Faith
vs.
Bad
Accession
(2000)
retention.
could
have
done
this
with
the
help
of
a
ALTERNATIVE
ANSWER:
houseto
plus
forplus
damages
(ArtThere
447, in
d)
The be
problem
that in
Vini
mortgaged
land
bank
payreparation
for Xs loan
interest.
is
reimburse
the Association
atathepiece
price
for
should
published
a newspaper
ofthe
general
The
answer
hinges
on
whether
or
not
the
bank
a)
Demetrio
knew
that
of
land
Yes,
A
can
recover
his
car
from
the
Savings
geodetic
engineer
as
an
ordinary
prudent
and
relation
454). between
Y continues
as the
owner
of
by
way
a chattel
mortgage is untenable.
no
privitytoofArt
contract
Z and
bank.
which
theofcar
bought.
circulation.
is
mortgagee
good
faith
or
bordering
thewas
beach
belonged
to of
Ernesto.
and Loan
a Chattel
Mortgage,
reasonable
man
would
do
under
thea
thean
lotinnocent
and becomes,
under in
the
second
option,
Land
can Association.
only
be
the In
subject
matter
a real
mortgagee
in
bad faith.
In theafter
former
case, the
Zs
2)
preference
be followed.
He
However,
since
the
studying
the mortgagor
must
the absolute
owner
ofin
circumstances.
ownerJose's
of the
house
as should
well,
he pays
estate
mortgage
andbelatter
only
anwas
absolute
owner
demand
is
not
valid.
In
the
latter
case,
Zs
may
have
the
building
removed
at
the
expense
Europe
and
no
one
was
taking
care
of
the
Builder;
Good
Faith
vs.
Bad
Faith
(2000)
thereal
thingproperty
mortgaged.
person
sums demanded.
of
mayFurthermore,
mortgage athe
parcel
of
demand
against
the
bank
is
valid
and
of
Mike,
appropriate
the
building
as
his
own,
land,
Demetrio
occupied
the
same
and
In
good
faith,
Pedro
constructed
a
five-door
constituting
the2085
mortgage
must Code).
have theHence,
free
land.
(Article
(2) Civil
sustainable.
oblige
Mikebuilding
to buyonthe
and
askwho
for
constructed
thereon
nipa
commercial
the land of
Pablo
disposal
the
property,
andsheds
in
the with
absence
But
on
the
assumption
that
what tables
was
there
canofbe
no
foreclosure.
Under
the
Torrens
system
of
land
registration,
damages
in
addition
to
any
of
the
three
and
benches
which
he
rented
out
to
people
was
also
in
good
faith.
When
Pablo
discovered
thereof,
must
be
legally
authorized
for
the
mortgaged by way of chattel mortgage was
every
person
dealing
with
may
options.
(Articles
449,
450,registered
451,
CC) landthe
who building
wantIntothe
have
a picnic
by
the
beach.
When
the construction,
he
opted
to
appropriate
purpose.
at bar,
these
the
oncase
leased
land,
thenessential
the parties
Chattel
Mortgage
vs.
Pledge
(1999)
rely
on
the
correctness
of
the
certificate
of
Ernesto
returned,
he demanded
theAreturn
building by paying Pedro the cost thereof.
requisites
didthe
notbuilding
apply
toasthe
mortgagor
B, of
are
treating
chattel.
building
Distinguish
title
and
the
a
law
contract
will
not
of
in
chattel
any
way
mortgage
oblige
to
Chattel
Mortgage;
Preference
of
Creditors
(1995)
the land.
agreed was
to do
so
after
he
However, Pedro insists that he should be paid
hence
Chattel
Mortgage
not
valid.
that
is the
not Demetrio
merely superimposed
on
the
ground
from
him
to
a look
contract
behind
of pledge.
or
beyond
the
certificate in
Lawrence,
a retired
air
force captain,
decided
has an
removed
the nipa
sheds.
Ernesto
refused
the current
market
value
of (2%)
the
building,
is
immovable
property
and
a
chattel
SUGGESTED
ANSWER:
SUGGESTED
ANSWER:
order
to
determine
the
condition
the title.
to
go
into
the
air
transport
business.
He
let Demetrio
remove
the is
nipa
sheds
on
the
which was much higher because of of
inflation.
1)
mortgage
said
building
void
but
Ernesto
is on
correct,
Demetrio
is legally
a builder
in bad
In
a not
contract
ofanything
CHATTEL
MORTGAGE
He
is
bound
by
not
annotated
or
purchased
an
aircraft
in
cash
except
for
an
ground
that
these
already
belonged
to
him
by
Who
is
correct
Pedro
or
Pablo?(1%)
2)
In
the
the
parties
cannot
be
allowed
to
disavow
their
faith because he knew beforehand that the
possession
belongs
to the creditor,
while intoa
reflected
thePedro
certificate.
If he
proceeds
outstanding
of P500,000.00.
He
right belonged
of accession.
Who
is correct?
(3%)
meantimein
that
is not yet
paid,
who is
contract
onbalance
account
of
estoppel
by 449
deed.
land
to Ernesto,
under
Article
of
contract
of
PLEDGE
possession
belongs
to the
SUGGESTED
ANSWER:
buy
the land
orrentals
acceptof
it the
as abuilding,
collateral
relying
incurred anif indebtedness
ofare
P300,000.00
for
entitled
to
the
Pedro
or
However,
third
parties
involved
such
the
New
Civil
Code,
one
who
builds
on
the
debtor.
Pablo
is
correct.
Under
Article
448
of
the
New
on
the
certificate,
he
is
considered
a
buyer
or
Chattel
Mortgage;
Immovables
(2003)
repairs
with
an
aircraft
repair
company.
He
Pablo?
(1%)
chattel
is
void what
and has
no
effect.
A
chattel
mortgage
isfaith.
a formal
contract
while
land
ofmortgage
another
loses
built
without
Civil
Code
in
relation
toOnArticle
546,
the
a
mortgagee
in good
this
ground,
the
X
constructed
a house
onfrom
a lotis
he
was leasing
also
borrowed P1
Million
a which
bank for
a
pledge
abank
real
contract.
However,
is
not
an
ordinary
right
to indemnity.
Ernesto
becomes
theover
owner
builder
inisagood
istitle
entitled
amortgagee.
refund
of
Bank
acquires
a faith
clean
to thetoland
and the
Y.
Later,
X capital
executed
a chattel
mortgage
from
additional
and
constituted
a chattel
Unlike
private
individuals,
a
bank
is
expected by
to
of
the
nipa
sheds
by
right
of
accession.
Hence,
the
necessary
and
useful
expenses
incurred
While
on
a
test
flight
the
aircraft
crashed
house.
said
house
in
favor
of
Z
as
security
for
a
loan
mortgage on the aircraft to secure the loan.
A
contract
of chattel
mortgage
be
exercise
greater
carein and
prudence
its
Ernesto
is
well within
his
in party
him,
or the
increase
value
whichmust
theinland
causing physical
injuries
to right
a third
whoto
obtained
from
latter.
Still
later,
Xrefusing
acquired
Builder;
Good
Faiththe
vs. Bad
Faith;
Presumption
(2001)
recorded
in
a
public
instrument
to
bind
third
dealings.
The
ascertainment
of
the
condition
of
a
allow
the
removal
of
the
nipa
sheds.
may
have
acquired
by
reason
of
the
was awarded
damages
of P200,000.00.
ownership
of on
the
where
wasa
Mike built a house
hisland
lot in Pasay
City.his
Twohouse
years later,
persons
while
a
contract
of pledge
must
be in
property
offered
as
collateral
for
a loan
must
be
improvement,
at
the
option
of
the
landowner.
constructed,
after
which
hebuilding
mortgaged
both
survey
disclosed insurance
that
a portion
of
the
actually stood
public
instrument
containing
description
of
a
standard
and
indispensable
part of
of the
its
Lawrence's
claim
for damage
to on
the
The
builder
is entitled
to a refund
house
and
land
in
favor
of
a
bank,
which
the
neighboring
land
of
Jose,
to
the
extent
of
40
the
thing
pledged
and
the
date
thereof
to
bind
operation.
The
bank
should
have
conducted
aircraft was
denied
thus leaving
him nothing
expenses he incurred, and not to the market
mortgage
was
annotated
on the Torrens
further
regarding thePage
house59
standing
third
of 119on
else
but
the
aircraft
which
value persons.
ofinquiry
the improvement
Certificate of Title. When X failed to pay his
the land considering that it was already
loan to the bank, the latter, being the highest
bidder at the
The(a)
2.
claim
There
for can
damages
be nomay
easement
also be over
premised
a usufruct.
in to
there
Art.
time.
is a
Asdegree
Tomas'ofbusiness
regularity
grows,
to indicate
the need
continuity
for use of
of
easement
(4)
NCC.
may be constituted only on a possession and that if coupled with an apparent sign, such
Since
2191
an
ANOTHER
ANSWER:
corporeal
immovable property, no easement easement of way may be acquired by prescription.
Hernando
is
not correct.
Article 637
of the
may be constituted
on a usufruct
which
is not a ALTERNATIVE ANSWER:
Yes, Ernie could close the pathway on his land.
New
Civil
Code
provides
that
the
owner
of the
(b)
There
can
be
no
usufruct
over
an
corporeal right
Don has not acquired an easement of right of
higher
estate
cannot
works
whichcreated
will
easement.
While
a make
usufruct
maybe
way either by agreement or by judicial grant.
increase
the burden
on the
servient
estate.
over a right,
such right
must
have an
existence
Neither did the buyers. Thus, establishment of
(Remman
Enterprises,
Inc. of
v. CA,
SCRA
of its own
independent
the330
property.
A
a road or unlawful use of the land of Ernie
145
[2000])
. The owner
of object
the higher
servitude
cannot
be the
of aestate
usufruct
would constitute an invasion of possessory
may
be
compelled
to
pay
damages
to
the
because it has no existence independent of the
Easements;
Classification
(1998)
ALTERNATIVE
ANSWERS:
rights of the owner, which under Article 429 of
owner
of
the
lower
estate.
property to which It attaches.
There cannot
be a usufruct over an easement
Distinguish
between:
the Civil Code may be repelled or prevented.
1.
Continuous
and discontinuous
since
an easement
presupposes two (2)
Ernie has the right to exclude any person from
ALTERNATIVE ANSWER:
2.
Apparent
and non-apparent
easements;
|2%]
tenements
belonging
to different persons and
the enjoyment and disposal of the land. This is
Yes, Ernie may close the pathway, subject
3.
and [2%]
negative
easements;
and
the Positive
right attaches
to the tenement and not to
an attribute of ownership that Ernie enjoys.
however, to the rights of the lot buyers. Since
easements.
the owner.[1%]
While a usufruct gives the
there is no access to the public road, this
usufructuary a right to use, right to enjoy,
results in the creation of a legal easement. The
right to the fruits, and right to possess, an
lot buyers have the right to demand that Ernie
However,
a
usufruct
can
be
constituted
over
a
easement gives only a limited use of the
SUGGESTED
ANSWER:
grant them
a right of way. In turn, they have
property
that
has
in
its
favor
an
easement
or
servient estate.
1.
An EASEMENT
or value
servitude
is an
the obligation
to pay the
of the portion
one
burdened
with
servitude.
The
encumbrance
imposed
upon
an
immovable
for
used as a right of way, plus damages.
usufructuary will exercise the easement
the
benefit
of
another
immovable
belonging
to
c)
What
are
the
rights
of
the
lot
buyers,
if
during the period of usufruct.
a different
owner.
(Art. 613, NCC)
(c) There can be no easement over another
any?
Explain.
(2%)
SUGGESTED
ANSWER:
USUFRUCT
gives a right to enjoy the property
easement for the same reason as in (a). An
Prior
to
the
grant
ofobligation
an easement,
the buyersits
of
of another with
the
of preserving
easement, although it is a real right over an
the
dominant
estate
have
no
other
right
than
to
form
and
substance,
unless
the
title
immovable, is not a corporeal right. There is a
compel
grantitofor
easement
right of way.
Since
constituting
the law of
otherwise
provides.
Roman maxim which says that: There can be
the
properties
of
the
buyers
are
surrounded
by
(Art.
562,
NCC).
no servitude over another servitude.
ALTERNATIVE
ANSWER:and has no adequate outlet
other
immovables
Easement; Effects; Discontinuous Easements; Permissive
Easement
an encumbrance
imposed
an
to
a public is
highway
and the isolation
is upon
not due
Use (2005)
immovable
for
the
benefit
of
another
to
their
acts,
buyers
may
demand
an
easement
Don was the owner of an agricultural land with
immovable
to aproper
different
ownerisin
a right of belonging
way provided
indemnity
no access to a public road. He had been of
which
case
it
is
called
real
or
predial
paid
and
the
right
of
way
demanded
is
the
passing through the land of Ernie with the
easement,
or
for
the
benefit
of
a
community
or
shortest
and
least
prejudicial
to
Ernie.
latter's acquiescence for over 20 years.
group
of
persons
in
which
case
it
is
known
as
a
(Villanueva
v.
Velasco,
G.R.
No.
130845,
Subsequently, Don subdivided his property into Easement; Nuisance; Abatement (2002)
The
distinctions
usufruct
and
personal
easement.
27, 2000). between
20 residential lots and sold them to different November
Lauro owns
an agricultural
a)
Usufruct
includes land
all planted
uses ofmostly
the
easement
are:
persons. Ernie blocked the pathway and property
with fruitand
trees.
Hernando
owns
an adjacent
for all purposes, including
jus
a)
Did Don
an easement
of his
right
of
refused
to letacquire
the buyers
pass through
land.
land devoted
to hisispiggery
business,
which
fruendi.
Easement
limited to
a specific
use. is
way? Explain. (2%)
b) (2)Usufruct
two
meters higher
may inbeelevation.
constituted
Although
on
ALTERNATIVE ANSWER:
No, Don did not acquire an easement of right

of way. An easement of right of way is
discontinuous in nature it is exercised only if
a man passes over somebody's land. Under
Article 622 of the Civil Code, discontinuous
easements, whether apparent or not, may only
be acquired by virtue of a title. The Supreme
Court, in Abellana, Sr. v. Court of Appeals (G.R.
No. 97039, April 24, 1992), ruled that an
easement of right of way being discontinuous
Further,
of the by
easement
by Don is
in naturepossession
is not acquirable
prescription.
only permissive, tolerated or with the
acquiescence of Ernie. It is settled in the case
of Cuaycong v. Benedicto (G.R. No. 9989,
March 13, 1918) that a permissive use of a
road over the land of another, no matter how
ALTERNATIVE
ANSWER:
long
continued,
will not create an easement of
Yes, Don acquired an easement of right of way. An easement that is
way
by
prescription.
continuous and apparent can be acquired by prescription and title.
According to Professor Tolentino, an easement of right of way may
have a continuous nature if
Hernando has
immovable
or constructed
movable property.
a wasteEasement
disposal
may be for
lagoon
constituted
his piggery,
onlyit on
is an
inadequate
immovable
to
c)
Easement
is not
extinguished
by the
property.
contain
the waste
water
containing
pig
death
of and
the itowner
of the dominant
estate
manure,
often overflows
and inundates
while
usufruct
is
extinguished
by
the
death
of
Lauros plantation. This has increased the
the
usufructuary
unless
a
contrary
intention
acidity of the soil in the plantation, causing the
d)
An wither
easement
two for
(2)
appears.
trees to
and contemplates
die. Lauro sues
estates belonging
to two
differentHernando
owners; a
damages
caused to
his (2)
plantation.
usufruct his
contemplates
only
one property
(real
invokes
right to the
benefit
of a natural
or personal)
whereby
the
usufructuary
uses
easement
in
favor
of
his
higher
estate,
which
SUGGESTED
ANSWER:
and
enjoys
thethe
property
as
well ofasLauro
its fruits,
imposes
upon
lower
estate
the
Hernando is wrong. It is true that Lauros land
while
another
owns the
naked
titledescending
during the
obligation
to
receive
the
waters
is
burdened
withmay
the benatural
easement
to
e)
A usufruct
alienated
separately
period
of
the
usufruct.
from the
higher
estate.
Is Hernando
correct?
accept
or
receive
the
water
which
naturally
from the property to which it attaches, while
(5%) without interruption of man descends
and
an easement cannot be alienated separately
from
a property
higher estate
toit attaches.
a lower estate.
from the
to which
However, Hernando
has
waste
NOTE: It
is constructed
recommendeda by
the
disposal lagoon
Committee
for his piggery
that any
and it
two
is this
(2)
distinctions
should be to
given
full
waste water that
flows downward
Lauros
SUGGESTED ANSWER:
credit
land. Hernando
has,. thus, interrupted the flow
of water and has created and is maintaining a
nuisance. Under Act. 697 NCC, abatement of a
nuisance does not preclude recovery of
damages by Lauro even for the past existence
of a nuisance.
After the death

extinguished
byof
the
Y, registration
X married Z of
and
thethey
servient
begotestate.
asshare
consistent
allotted
withbythis
lawrule,
to the
where
finder
thesince
distance
the phrase
to the
modern
highway
is
However, D,
children,
this
E provision
and F. After
has the
been
death
suppressed
of X, the
streetconveyances
orshortest. requires widening of the easement.
"by
ALTERNATIVE ANSWER:
in Sectionof
children
44,the
PD first
No. 1529.
and In
second
other words,
marriages
The
show
that the
wider
2) Is facts
David
entitled
to aneed
rightfor
ofaway
in right
this
the registration
executed
an extrajudicial
of the servient
partition
estate did
ofnot
the
of
way
arose
from
the
increased
production
case?
Why
or
why
not?
operate to cut-off
aforestated
property
or extinguish
on May 1, the
1970.
right
D, of
E and
owing to ANSWER:
the acquisition by Tomas of an
SUGGESTED
way.
F
were
Therefore,
given athe
one
complaint
thousand
forsquare
the
meter
No,
David area.
is not Under
entitledArt.
to the
of Civil
way
additional
626 right
of the
cancellation
portion
of the
of the
property.
right of
They
way were
should
minors
be
at
being
claimed.
The
isolation
of
his
subdivision
Code, the easement can be used only for the
Easements;
Right
of Way;
Requisites
dismissed.
the
time of
the
execution
of(1996)
the document. D
was
due to his
own act or
omission because
he
immovable
originally
contemplated.
Hence,
David
the owner
the14
subdivision
in12;
Sta.and
was
17isyears
old, Eofwas
and F was
did
not
develop
into
an
access
road
the
rice
the increase in width is justified and should
Rosa,were
Laguna,
without
an access
they
made
to believe
by A, to
B the
and C that
Easements;
Right
of Way
(2000)
field
which
he
was
supposed to purchase
have been
granted.
highway.
When
he the
applied
for a license
to not
unless they
sign
document
they will
The coconut
farm
of Federico
is surrounded
by
according
to
his
own
representation
when he
establish
the
subdivision,
David
represented
get any share. Z was not present then. In
the lands for
of Romulo.
Federico
seeks
a rightthe
of
(a)
Can
the
minority
of
D,
E
and
F
be
a
basis
applied
a
license
to
establish
that
he
will
purchase
a
rice
field
located
January 1974, D, E and F filed an action in
Ejectment
Suit vs.
of Title
way
through
aCancellation
portion
of
the(2005)
land
of Romulo
to
nullify
the
partition?
Explain
your
answer.
subdivision
(Floro
us.
Llenado,
244
SCRA713).
between
his
land
and
the
highway,
and
develop
court to nullify the suit alleging they
In bring
an ejectment
caseproducts
filed byto Don
against
to
his coconut
the market.
(b)
How
fraud?
Explain
it
into
anabout
access
road.only
But.inwhen
discovered
the fraud
1973.the license
SUGGESTED
ANSWER:
Cesar,
can
the
latter
ask
for
the
cancellation
SUGGESTED
ANSWER:
He
has
chosen
a
point
where
he
will
pass
your
answer.
was already granted,
he did not are
bother
to the
buy
1.
EASEMENTS
those
(a)CONTINUOUS
Yes, minority can
be a basis to
nullify
the
of
Don's
title
considering
that
he
(Cesar)
is
the
through
a
housing
project
of
Romulo.
The
the rice
field,iswhich
remains
unutilized
until
use
of which
or D,
may
be incessant,
without
SUGGESTED
ANSWER:
partition
because
E and
F were not
rightful
owner
of
the
lot?
Explain.
(2%)
latter
wants
him
to
pass
another
way
which
is
the intervention
present. Instead,
heact
chose
to connect
his
Cesar
cannot
ask for the cancellation of Don's
the
of any
of man,
while
SUGGESTED
ANSWER:
properly
represented
by their
parents
or
one
kilometer
longer.
Who
should
prevail?
subdivision with theEASEMENTS
neighboring are
subdivision
of
Romulo
title
evenwill
if heprevail.
is the rightful
Under owner
Articleof650
the of
lot.the
In
DISCONTINUOUS
those
guardians
at the time they contracted
the
(5%)
Nestor,
which
has
an
access
to
the
highway.
an
action
ejectment,
the only issue
involved
is
New
Civilfor
Code,
the easement
of right
of way
which are used
at intervals
and depend
upon
extrajudicial
partition.
(Articles
1327. 1391,
Nestor
allowed
him
to
do
this,
pending
one
of
possession
de
facto,
the
purpose
of
which
shall
be
established
at
the
point
least
(b)
theofcase
of(Art.
fraud,
when
through
the In
acts
man.
615,
Civil
Code)
Civil
Code).
SUGGESTED
ANSWER:
negotiations
on the
compensationoftoone
be party
paid.
is
merely to to
protect
the ownerestate
from any
prejudicial
the servient
andphysical
where
insidious
words
or
machinations
2. APPARENT
EASEMENTS
those which
When
theyisfailed
to arrive
atare
an agreement,
encroachment
The titleestate
of the to
land
the distance from without.
the dominant
a
the
other
induced
to
enter
into
the
contract
are made
known
and
are continually
kept in
Nestor
built
a wall
across
the
roadagreed
connecting
or
its ownership
involved,
for ifIn
a person
is
public
highway isisnotthe
shortest.
case of
without
which
he
would
not
have
to,
view David's
by external
signs that
reveal
thea use and
with
subdivision.
David
filed
in
actual possession
thereof,
is entitled
to be
conflict,
the criterion
of heleast
prejudice
the
action still
prosper
because
under
Art,
enjoyment
of court,
the
same,
while
NONAPPARENT
complaint
in
for
the
establishment
of an
v.
Anas, G.R.
L-20617,
31,
maintained
andNo.
respected
in itMay
even
against
the
prevails
over
the
criterion
of
shortest
1391
of
the
Civil
Code,
in
case
of
fraud,
the
EASEMENTS
are those
which
show
1965)
easement
of
right
of way
through
thenowithin
owner
himself.
SUGGESTED
ANSWER:
distance.
Since(Garcia
the route chosen by Federico
action
for
annulment
may
be
brought
external
indication
of which
their or
existence.
(Art.
the case the
filedhousing
by Don project
against of
Cesar
is an
subdivision
of Nestor
he
to be
the Since
Art,
649,
NCC.
The
any
person
who
will prejudice
Romulo,
four
years
from
the owner,
discovery
ofclaims
the
fraud.
SUGGESTED
ANSWER:
615,
Civil
Code)
ejectment
case,
the
latter
cannot
ask
for
the
Easements;
Right
of
Way;
Inseparability
(2001)
most
adequate
and
practical
outlet
to
the
by
virtue
of
a
real
right
may
cultivate
or
use
Romulo has the right to demand that Federico
3. POSITIVE EASEMENTS are those which
cancellation
of
Don's
title.
He
has
to
file
Emma
bought
a
parcel
of
land
from
Equitablehighway.
1)
What
are
the
requisites
for
the
any
immovable
which
is
surrounded
by
other
pass another way even though it will the
be
impose upon the owner of the servient estate
proper
action
where
the issue
ownership
PCI
Bank,
which
acquired
theofsame
from
establishment
of allowing
a compulsory
of a
immovables
pertaining
to something
othereasement
persons
and
longer.
the
obligation
of
to be
over
thethe
property
canowner.
be raised.
Felisa,
original
Thereafter, Emma
right or
of way?
without
adequate
to awhile
public
highway, is
done
of doing itoutlet
himself,
NEGATIVE
Ejectment Suit; that
Commodatum
(2006)
discovered
Felisa
had
granted
a right of
entitled
to demand
a right
of way
through
EASEMENTS
are those
which
prohibit
the the
Alberto
and
Janine
migrated
to the
the land
United
way
over
the
land
in
favor
of
of
neighboring
payment
of the
owner of the estates,
servientafter
estate
from doing
States
of which
America,
leaving
behind
their
4
Should
this
easement
be
established
in
such
a
Georgina,
had
no
outlet
to
a
public
property
indemnity.
something
which he could lawfully do if the
children,
one
of
whom
is
Manny.
They
own
manner that its use may be continuous for all
highway, but the easement was not annotateda
easement did not exist. (Art. 615. Civil Code)
duplex
apartment
allowed
Manny to under
live in
the
needsRight
of the
dominant
when the
servient and
estate
was registered
Easements;
of Way
(1993) estate, establishing
one
of
the
units.
While
in
the
United
States,
a
permanent
passage,3,000
the indemnity
shall
the Torrens system. Emma then filed a
Tomas
Encarnacion's
square meter
Alberto
died.
His widow and
all right
his children
consist
ofland,
the value
ofhe
thehas
land
occupied
and is
complaint
for cancellation
of the
of way,
parcel of
where
a plant
nursery,
SUGGESTED
ANSWER:
executed
an
Extrajudicial
Settlement
of
the
amount
the damage
to the
on the ground that it had been extinguished
located
just of
behind
Anicetacaused
Magsino's
two
The
complaint
for
cancellation
of easement
of
Alberto's
estate
wherein
the
2door
apartment
In
case
the
right
of
way
is
limited
to
the
servient
estate.land. To enable Tomas to have
by such failure to annotate. How would you
hectare parcel
right
of way must
failure to annotate
was
assigned
by fail.
all The
the
necessary
passage
for the
cultivation
decide
the controversy?
(5%)children to their
access to the
highway,
Aniceta
agreedoftothe
grant
the
easement
upon
the
title
the sold
servient
mother, Janine. Subsequently,ofshe
the
estate
surrounded
others
andwide
for the
him a road
right of by
way
a meter
through
estate
is
not
among
the
grounds
for
property
to
George.
The
latter
required
Manny
gathering
of
its
crops
through
the
servient
which he could pass. Through the years
extinguishing
an
easement
under
Art.
631
of
to sign a prepared Lease Contract so that he
estate
a permanent
way, the
Tomas'without
business
flourished which
enabled him
the
Civil
Code.
Under
Article
617,
easements
and
his
family
could
continue
occupying
the
indemnity
shallportion
consist which
in the enlarged
payment of
the
to
buy
another
If
are
you
inseparable
were George's
from the
counsel,
estate
what
which
legal
they
This
easement
is not
compulsory
if the the
unit.
Manny
refused
to
sign to
the
contract
damage
cause
by
such
encumbrance.
area
of
his
plant
nursery.
But
he
was
still
actively
or
passively
belong.
Once
it
attaches,
steps
will
you
take?
Explain.
(5%)
isolation of the immovable is due to the
alleging
that
his parents allowed him and his
SUGGESTED
ANSWER:
landlocked.
could
bringThe
in and
out of of
it
can only
be extinguished
under
Art. 631, and
proprietor's He
own
acts.not
(564a).
easement
family
to
continue
occupying
the Ipremises.
If
I were
George's
counsel,
would
his
plant
nursery
a
jeep
or
delivery
panel
they
exist
even
if
they
are
not
statedfirst
or
right of way shall be established at the point
ALTERNATIVE
ANSWER:
demand
that
Manny
vacate
the
apartment.
If
much
less
a
truck
that
he
needed
to
transport
annotated
as
an
encumbrance
on
the
Torrens
least prejudicial to the servient estate, and
Under
Section I 44,
PD
No.ejectment
1529, every
Manny
refuses,
will
file
an
suit.
his
seedlings.
He
now
asked
Aniceta
to
grant
title of the servient estate. (II Tolentino 326,
insofar as consistent with this rule, where the
registered
owner
certificate
of title
When
Manny
wasreceiving
allowed aby
his parents
to
him
a wider
portion
of her property,
price
1987 ed.)
distance
from
the dominant
estate tothe
a public
pursuant
to
a
decree
of
registration,
and
every
occupy the premises, without compensation,
of
which
he
was
willing
to
pay,
to
enable
him
ALTERNATIVE
ANSWER:
highway
may be
the shortest
(ofArt.
650, NCC:
subsequent
innocent
purchaser for
value,
shall
Theconstruct
requisites for a
easement
right to
of way
(a)
the contract
of commodatum
was
created.
to
a compulsory
road
to have
access
hisare:
plant
SUGGESTED
ANSWER:
Vda.
de
Baltazar
v.
CA.
245
SCRA
333
}
the dominant estate is surrounded by other immovables
and is
hold
the
same
free
from
all
encumbrances
Upon the death of the father, the contract was
nursery.
Aniceta
refused
claiming
that
she
had
Art.
651an
of adequate
the
Civil Code
that
the width
of
the easement
without
outletprovides
to a public
street
or highway;
(b) proper
except those noted
certificate.
This
must
be sufficient
meet
needs
of the
dominant
estate,
and
extinguished
as it on
is said
a purely
personal
already
allowed
him
previous
road
right
ofacts
indemnity
must
betopaid;
(c)the
thea
isolation
must
not be due
to the
may
accordingly
change
from
time
to
time.
It
is
the
need
of
the
rule,
however,
admits
of
exceptions.
contract.
As
the
new
owner
of
the
apartment
of the owner
of the dominant
estate;
and (d)
the right of way
way.
Is Tomas
entitled
tothe
the
easement
he These
now
dominant
which
determines
of the passage.
Under
496,
asFraud
amended
by Act
2011,
Extra-Judicial
claimed isestate
at afrom
point
least
prejudicial
towidth
the servient
estate and,
GeorgeAct
is Partition;
entitled
to (1990)
exercise
hisNo.
right
of
demands
Aniceta?
needs
may
vary
from
time
and
Section
4,
Act
3621,
an
easement
if
not
insofar as is
X
was
the
owner
of
a
10,000
square
meter
possession over the same.
registeredX shall
remain
and
be held
to
property.
married
Y and
outshall
of their
union.
pass
withCthe
land
until cutoff or
A,
B and
were
born.
a duplication
(a)
X borrowed
of money
nature from
thus,
Y and gave
coulda piece
not Are
(b)
be
of the The
right
mortgage
of redemption
shall not and
bind the
the 1/3
equity
right of
and interest
chance" means
"byto
accident",
meaning anthe
unexpected
discovery.
nuisance.
given
by law
a mortgagor
same?
Explain.
land as security
considered
as a by way of mortgage. It was
redemption
The liberal view,
however, would sustain Tim's right to the allocated
SUGGESTED
ANSWER:
expressly agreed between the parties in
(2%)
share interpreting
theredemption
phrase in question
meaning "by
a stroke
of
The
equity
of
is as
different
from
the
mortgage
contract
that
upon
c) theA house
of prostitution
good fortune", which does not rule out deliberate or intentional
right
of
redemption.
EQUITY
OF
Irrespective
of its of
location
andonhow
itsby X, the
nonpayment
the debt
time
search. It is submitted
that the liberal view should
prevail since in
(1%)
REDEMPTION
is
the
right
of
the
mortgagor
practical
reality,
hidden
treasure
is
hardly
ever
found
without
business
is
conducted,
it
is
a
nuisance
since
it
mortgaged land would already belong to
consciousjudgment
effort to find it,in
and a
the judicial
strict view would
tend to renderto
after
foreclosure
defies,
and disregards
decency
Y. shocks
If X defaulted
in paying,
wouldand
Y now
the codal provision in question illusory.
redeem the property by paying to the court
morality.
It isthe
a public
because ofland?
its
become
ownernuisance
of the mortgaged
(b) Why?
Suppose
in the preceding question, the
the amount of the judgment debt before the
injury
to
the
public.
(3%)
agreement
between
X and
Y was
if X
sale or confirmation of the sale. On the other
d)
A noisy or
dangerous
factory
in that
a private
If
the (1%)
noise
injuriously
affectsdebt
the health
andthe
failed
to pay
the mortgage
on time,
hand, RIGHT OF REDEMPTION is the right of
land
Hidden
Treasures (1997)
comfort
of be
ordinary
people
the mortgaged
vicinity to an
debt shall
paid with
thein
land
by
the
mortgagor
to redeem the property sold at
Marcelino,
a treasure
hunter as
a hobby,
unreasonable
it is a nuisance.
It is as
a in
X to Y. Wouldextent,
your answer
be the same
an
extra-judicial
foreclosure
by just
paying
to the
SUGGESTED
ANSWER:
has found
a map
which appears
to amount
indicatepaid
the
public
nuisance
because Explain.
there is a(3%)
tendency to
the preceding
question?
buyer
in the
foreclosure
sale the
Family
House;treasure.
Not
per
sesuch
(2006)
(a) No,the
Y public.
would not
become
the owner
of the Nuisance;
location
of hidden
has
an idea
annoy
(Velasco
v. Manila
Electric
by
the buyer
within
oneNuisance
yearHe
from
sale.of
and
family might
residepossibly
in a small
land.G.R.
TheNo.
stipulation
in the 6,
nature
thedrug
land lord
where
thehis
treasure
be
Co.,
L-18390,isAugust
1971)of pactum A
where
they
sell
shabu
and
commissorium
whichgarbage
is prohibited by law. The bungalow
e)
Uncollected
found. Upon inquiry, Marcelino learns
thatother
the
It will become
a nuisance
if itpublic
substantially
drugs.
When the ispolice
found the
property
should
be sold at
auction and prohibited
(1%)
owner of the
land, Leopoldo,
a permanent
impairs
the comfort
and enjoyment
trade,
they immediately
demolished
the
proceeds
thereof
appliedof the
to
the illegal
resident
of Canada,
Nobody, however,
couldthe
adjacent occupants.
The annoyance
and the
because
according
to them,
it was a
indebtedness.
Any excess
shall be given
to the house
give
him
Leopoldo's
exact
address.
Ultimately,
SUGGESTED
smell mustANSWER:
be substantial as to interfere
nuisance
se that
should
abated.a Can
mortgagor.
anyway, heper
enters
the land
andbe
conducts
(d)
No, with
the answer
would
not be by
the same.
SUGGESTED
ANSWER:
Leopoldo
learning
of
Marcelino's
"find",
seeks
sensibly
the use and
enjoyment
this
demolition
be
sustained?
Explain.
(5%)
search.
succeeds.cannot be sustained.
the He
demolition
This
is ofa ordinary
valid stipulation
not No,
to recover
the treasure
from Marcelino but The
the
persons
sensibilities.and
It is does
a public
is not
not willing
a nuisance
perwith
se or
law astoit is
constitute
pactumofcommissorium.
pactum house
latter is
to part
it.at
Failing
nuisance because
its injury to the In
public.
anan
act,
occupation,
or structure
which is a
commissorium,
the (1992)
acquisition is automatic not
Ownership; Co-Ownership
reach
agreement,
Leopoldo
sues Marcelino
at
all
times
and
under
without
of any
further
action.shares
In the nuisance
A, B and need
C are the
co-owners
in equal
for the recovery of the property. Marcelino any
regardless
ofyoulocation
or
instant
problemhouse
another
required
be circumstances,
of a residential
andact
lot. is
During
theirtococontests the action.
How would
decide the
A
nuisance
per
se
is
a
nuisance
performed,
namely,
theacts
conveyance
of the surroundings.
SUGGESTED
ANSWER:
ownership, the
following
were
case?
Mortgage;
Pactum
Commissorium
(2001)
I would
favor ofwithout
Marcelinoregard
since he to
in
anddecide
of initself,
property
as payment
(dacion
en pago).
respectively
done
by the
co-owners:
1) A
To
secure
a
loan
obtained
from
a
rural
bank,
Hidden
Treasure
(1995)
is
considered
a
finder
by
chance
of
the
hidden
circumstances
[Tolentino,
p.
695,
citing
then
tilting
to
one
side,
to
prevent
the
house
from
undertook the repair of the foundation of the
Nuisance; Public
Nuisance
vs.
Private Co.,
Nuisance
(2005)
Purita
assigned
her
leasehold
rights
over
a
Tim
came
into
possession
of
an
old
map
treasure,
hence,
he
is
entitled
to
one-half
(1/2)
collapsing.
2)
B
and
C
mortgaged
the
house
Wheeler
v.
River
Falls
Power
215
Ala.
655,
house,
State
with
reason whether
each of
stall
in the
public
market
inBfavor
of
showing
aa
purported
cache
ofthe
gold
of
the
While Marcelino
maythe
111
So.hidden
907]. treasure.
and lot
towhere
secure
loan. 3)
engaged
a bank.
following
is intention
a nuisance,
andfor
if the
so,hidden
give its
The
deed
ofto
assignment
provides
that
bullion
was
hidden.
any
authority
have
had the
to look
contractor
build aWithout
concrete
fence
allin case
classification,
whether
public
or
private:
of
default
in
the
payment
of
the
loan,
the
bank
around
lot. 4) C built
beautiful a
from
thethe
government
Timaconducted
treasure, still he is a finder by chance since
it
Article
694
of
the
Civil
Code
defines
nuisance
shall
have
the
right
to
sell
Purita's
rights
over
grotto in the
garden.
A and
C sold
relentless
search
and 5)
finally
found
thethe
is enough that he tried to look for it. By
as any act,
omission,
the
as aher
attorney-in-fact,
and to
landmarket
to X buried
forstall
a very
good
price.bed formerly
treasure
in
new
river
chance
in the
law doesestablishment,
not mean sheerbusiness,
luck
condition
or
property,
or anything
else which
apply
the
proceeds
to
the
payment
of
the
loan.
part of a parcel of land owned by spouses
such that the finder should
have no intention
cession?
Why?
(3%)
injures
endangers
the health
or safety of
(a)
Is
A's The
sole
decision
to repair
the
1)
Was
theTessie.
assignment
of river
leasehold
rights
ato
Tirso
and
old
which
used
at
all to or
look
for the treasure.
By chance
2)
Assuming
the house
assignment
to Bbe
a
others,
or
annoys
or
offends
the
senses, or
foundation
the
binding
on
mortgage
orthe
a of
cut through
land
of spouses
Ursula
andand
means good luck, implying that one who
mortgage,
does
the
provision
giving
the
bank
SUGGESTED
ANSWER:
shocks,
defies
or
disregards
decency
or
C?changed
May A require
B and
C to contribute
Urbito
its course
through
natural
intentionally looks for the treasure is
The treasure
was
found
in
a
property
of
public
the
power
to
sell
Purita's
rights
constitute
morality
or
obstructs
or
interferes
with
the
their
share
of the
Reasons.
causes.
To2/3
whom
shall
the expense?
treasure belong?
embraced in the provision. The reason is that
dominion,
the
new
river
bed.
Since
Tim did
pactum
or
not?
Why?
(b) commissorium
What
is the
legal
effect
of(2%)
the
free
passage ofdifficult
any public
highway
ortreasure
street or
Explain.
it
is
toitfind
hidden
SUGGESTED
ANSWER: from the government and,
It
is extremely
a
public
nuisance
if
affects
aimpairs
community
not have
authority
mortgage
contract executed by B and C?
any
body
of
water
or
hinders
or
the
looking
for
deliberately.
Marcelino
is
1)
The was
assignment
was ahemortgage,
not a without
or
neighborhood
orit any
considerable
number
ALTERNATIVE
ANSWERS:
therefore,
a trespasser,
not entitled
(c)
Is B's
sole decision
toisbuild
the
Reasons.
use
of
property.
not
a
trespasser
since
there
is
no
prohibition
cession,
of
the
leasehold
rights.
A
cession
1.
of Marcelino
persons. Itdid
is not
a direct
find the
encroachment
treasure by upon
to the
one-half
share
toMay
a finder
of
fence
binding
uponallotted
A and C?
B
him because
to
enter the
premises,
hence,
hethe
is
would
have
transferred
ownership
tothe
theState.
bank. for
public
rights
or
property
which
results
chance
he
had
a
map,
he
knew
hidden
treasure.
All
of
it
will
go
to
require A and C to contribute their 2/ 3
entitled
to
half
of
the
treasure.
However,
the
grant
of
authority
to
the
bank
to
location
injuriously
of the
to hidden
the public.
treasureItand
is he
a private
In addition,
under
Art. 438
of the NCC in
share of the
expense?
Reasons.
sell
leasehold
rights
case
ofto default
nuisance, if it
affects
a personhence,
or small
looked
for only
the treasure,
orderthe
theC'sfinder
be in
entitled
the
(d)that
Is
sole
decision
to build
the 1/2is intentionally
proof
that
no
such upon
ownership
was
transferred
a)
squatter's
hut
(1%)
he
number
isAnot
entitled
of persons.
to
any
It part
violates
of theonly
treasure.
private
share,
the treasure
mustAbe
found
by
chance,
grotto
binding
and
B? May
C
If
constructed
on public
streets
or riverbeds,
2.
Marcelino appears
to be
a trespasser
and it
and
mere
encumbrance
wastheir
constituted.
rights.
that that
is bya sheer
luck.
this case,
since
Tim
require
A and
B toIn
contribute
2/ 3
ALTERNATIVE
ANSWER:
is
a
public
nuisance
because
it
obstructs
the
although
there
may
be
a
question
of
whether
There
would
have
been
no
need
for
such
found
the ANSWER:
treasure
nottoby
chance
buttreasure
because
the expense?
Reasons.
The lawshare
grants
aofone-half
share
a finder
of hidden
SUGGESTED
free
use
by
the
public
of
said
places.
(City
of
he
found
it
by
chance
or
not,
as
he
has
found
authority
had
there
been
a
cession.
(e)
What
are
the
legal
effects
of
the
he No,
relentlessly
searched
for isit,
is It not
provided
hethe
is not
a trespasser
and the finding
isnot
by he
chance.
is
2)
clause
in question
a pactum
Manila
v.
Garcia,
G.R.
No.
L-26053,
February
the
hidden
treasure
by
means
of
a
treasure
submitted
that
Tim
is
not
a
trespasser
despite
his
not
getting
contract
of
sale
executed
by
A.
C
and
X?
entitled to any share
the hidden
treasure.
commissorium.
It isin pactum
commissorium
21,1967)
If constructed
on private
land, it is a
authority
from the government, because the new river bed where he
map, he will
not be entitled
to a finder's
Reasons.
when
default
in
the
payment
of
the toloan private nuisance because it hinders or impairs
found the treasure is property for public use (Art. 420 NCC),
share. The hidden treasure shall belong to the
automatically
which the public has legitimate
vestsaccess.
ownership
The question, therefore,
of
the the
3. use
The of
main
is that
treasure
the rule
property
byhidden
the owner.
owner.
boils
down
to
whether
or
not
the
finding
was
by
chance
in
view
of
encumbered property in the bank. In the b)
belongs
to
the
owner
of
the
land,
building or
A
swimming
pool
the fact that Tim "conducted a relentless search" before finding the
problem
given, the bank does not automatically (1%)
This
not a nuisance
the
absence
of any
otherisproperty
on whichin
it is
found.
If it is
treasure. The strict or literal view holds that deliberate or intentional
become
owner
of the
property
unusual
condition
or
artificial
feature
search precludes
entitlement
to the
one-half upon default of
found by chance by a third person and he other
is
the mortgagor.
The bank has to sell the Hidalgo
than
mere water.
In
Enterprises
Balandan
(G.R. No. Lnot a the
trespasser,
he isv.
entitled
to one-half
Mortgage;
vs. proceeds
Equity of Redemption
propertyRight
andof Redemption
apply the
to the 3422,
the Supreme
(1/2). June
If he 13,
is a1952),
trespasser,
he loses Court ruled
(1999)
indebtedness.
Mortgage;
Pactum Commissorium
that
a swimming
pool is but(1999)
everything.
Page 64 of 119
CIVILCIVIL
LAWLAW
Answers
Answers
to thetoBAR
the BAR
as Arranged
as Arranged
by Topics
by Topics
(Year(Year
1990-2006)
1990-2006)
ALTERNATIVE
his name, ANSWER:
the deed of sale was made to referSalvador,
thereof
to
and
a timber
offering
concessionaire,
to reimburse Bbuilt
for on his lot a
Ramon
has
acquired
land
by (Antonio),
acquisitive of
interest
in the
propertythe
of the
seller
warehouse
A and he
shall
where
he
deemed
processes
to cover
and the
stores
only the
his
undivided
whatever
hadbe
paid
in purchasing
prescription,
and
because
the part rights
with the metes
and
boundsofoflaches
the loton
sold
timber
and
for
shipment.
interests
of
Adjoining
B
Cthe
in warehouse
the
property
from
the bank.
In and
brief,
how
willhouse
you
of
Rosario.
Ramon's
possession
of the by
land was and
being
stated.
Bart and
Carlos reacted
is
a furniture
lot.the
Thecomplaint
mortgage
factory owned
by
beD,NARRAMIX
limited
to the
of
answer
ofshall
C and
if you were
SUGGESTED
ANSWER:
adverse
because
he
asserted
sole
ownership
signifying their exercise of their right of
portion
which
(2/3)
ismay
a majority
be allottedstockholder.
to B and C
engagedSalvador
by
Dwhich
as his
counsel?
As
counsel
ofleased
B,(Art.
I shall
answer
the
as
thereof
and
shared
redemption
as conever
owners.
Antonio the
in hisharvest
behalf
in
NARRAMIX
the
partition
493,
space
Civil
in Code).
the complaint
warehouse
follows:
When
B bought
the
property,
it was not
therefrom.
His
possession
been SUGGESTED
1.
How would
you
classify
the
furnitureand
in behalf
ofadverse
his buyer,
contendshaving
that they
where
itANSWER:
placed
its
furniture-making
(c)
B'sright
sole of
decision
to build
thethe
concrete
a
redemption
since
period
continuous
and
uninterrupted
for more
than 30 by
making
machinery
as property
under
the
Civil
are
no longer
coowners,
although
the title
machinery.
fence
is
not
binding
upon
A
and
C.
Expenses
toB
therefore
had
already
expired.
Hence,
Suppose
the lease contract between
years, Ramon
has has
acquired
thein land
Code?
Explain.
covering
the property
remained
their by 2.
improve
the
thing
owned
in
common
must
be
bought
the
property
in
an
independent
prescription.
Rosario
is also
of still
laches not Salvador and NARRAMIX stipulates that at the
names
as such.
May Bart
andguilty
Carlos
SUGGESTED
ANSWER:her right to the harvest for
decided
upon
bythe
aC
majority
ofshall
the
co-owners
unconditional
sale.
and D are
not become
co-owners
end of the
lease
machinery
having asserted
redeem
the
lot sold by Antonio? Explain. (5%)
Ownership;
Co-Ownership;
Prescription
(2002)
No,
they
may
not
redeem
because
there
was
who
represent
the
controlling
interest
(Arts.
with
B
of
the
property.
Therefore,
the
suit
of
the
property
of
the
lessor,
will
your
answer
be C
more than 40 years.
ALTERNATIVE
ANSWER:
Senen
and Peter are
brothers.
SenenBart,
migrated
no
Coownership
among
Antonio,
and
489
and
492.
Civil
Code).
and
D
cannot
prosper.
the same?
Explain.
counselANSWER:
of B, I shall answer the complaint as
SUGGESTED
to Canada
early with.
while Their
still a parents
teenager.
Peter As
Carlos
to start
already
(d) C's sole
decision
to build
the grotto
not
From
the facts
described,
it is
would
stayed in Bulacan
take
care separate
of their follows:
partitioned
the landto in
selling
binding
upon
A
and
B
who
cannot
be
required
appear
that
the
Certificate
of
sale
has
not
been
v.
Court to
ofthem.
Appeals,
(342 SCRA
653
widowed
mother
and
to the
work
on the
portions
Thecontinued
situation
is
same
as
to contribute
to the period
expenses
for the
The one-year
of redemption
[2000]).
Family
farmSieven after her death. Returning to registered.
in
the case
Possession
(1998)
embellishment
of
the
thing
owned
in
common
begins
to
run
from
registration.
In
this
case, it
the country some thirty years after he had left,
Using
a
falsified
manager's
check,
Justine,
as
if
not
decided
upon
by
the
majority
of
the
cohas
not
yet
even
commenced.
Under
the
Rules
Senen seeks a partition of the farm to get his
the
buyer,
was
able
to
take
delivery
of
a
owners
who
represent
the
controlling
interest
of
Court,
the
property
may
be
released
by
the
share as the only co-heir of Peter.
Peter
second
hand
car
which
she
had
just
bought
(Arts.
489
and
492,
Civil
Code).
Judgment
debtor
or
his
successor
in
interest.
interposes his opposition, contending
that
SUGGESTED ANSWER:
from
United
Car Saleshas
Inc.
The set
salein was
29, Rule 27). It has been held that this
acquisitive
prescription
already
and (Sec.
(e) The sale to X shall not bind the 1/3 share
registered
with
the
Land
Transportation
includes
a joint owner. (Ref. Magno vs.Ciola, 61
that estoppel lies to bar the action for
of
B and shall
be deemed
to cover
Ownership;
Co-Ownership;
Redemption
(2000)only the 2/3
Office. A week
later,
seller learned
that the
80).
partition,
citing
his the
continuous
possession
of Phil.
share
of
A
and
C
in
the
land
(Art. daughters,
493, Civil
Ambrosio
died,
leaving
his
three
check
had been
by for
thatalmost
time,
the property
fordishonored,
at least 10 but
years,
Code).
B
shall
have
the
right
to
redeem
the
Belen,
Rosario
and
Sylvia
a
hacienda
which
Justine
nowhere
to be seen.that
It turned
out
30
yearswas
inANSWER:
fact.
It is undisputed
Peter has
2/3
share
sold
to
X
by
A
and
C
since
X
is
a
was
mortgaged
to
the
Philippine
National
Bank
SUGGESTED
that
had
sold the
to Jerico,
the
neverJustine
openly
claimed
sole car
ownership
of
the
third
person
(Art.
1620,
Civil
Code).
Senens
action
will
prosper.
Article
494
of
the
due
to
the
failure
of
the
daughters
to
pay
the
present
possessor
who
nothing about
property.
IfCode
he ever
hadknew
the
intention
to do the
so,
Ownership;
Prescription
New
Civil
provides
that
no prescription
bank, theCo-Ownership;
latter foreclosed
the(2000)
mortgage and
falsified
check.
In
a
suit
by
United
Car
Sales,
Senen
was
completely
ignorant
of
it.
Will
In
1955,
Ramon
and
his
sister
shall
run
in
favor
of
a
co-owner
or
co-heir
the
hacienda
was
sold
to
it
as
the Rosario
highest
Inc.
against
Jerico
for Explain.
recovery(5%).
of the car,
Senens
action
prosper?
inherited
a
parcel
of
land
in
Albay
from
their
against
his
co-owners
or
co-heirs
so
long
as
he
bidder.
Six
months
later,
Sylvia
won
the
grand
plaintiff alleges it had been unlawfully
parents.
Since
Rosario
was
gainfully
employed
expressly
the and
coprize at the lotto and used part of it to redeem
deprived
ofor itsimpliedly
property recognizes
through fraud
in
she from
left Ramon
aloneThereafter,
to possess and
SUGGESTED ANSWER:
ownership
nor
notified
Senen
of
his
having
theManila,
hacienda
the bank.
she
should,
consequently,
be as
allowed
torecovery
recover of
it
ALTERNATIVE
ANSWER:
The
suit
should
prosper
to
the
cultivate
the
land.
However,
Ramon
never
repudiated
the
same.
took
possession
of
the
hacienda
and
refused
to
without
having
reimburse
Senens
action to
will
prosper.
This
is
case for
of
the
car. However,
since
Jericothe
wasdefendant
nota guilty
of
shared
thefruits
harvest
with
Rosario
andcontending
was even
share
its
with
her
sisters,
the
price
the
latter
had NCC)
paid.
Should
the suit
SUGGESTED
ANSWER:
implied
trust.
(Art
1441,
For
purposes
of
any
fraud
and
appears
to be
an
innocent
able
to was
sell
one-halfexclusively
of the land
1985
by
that it
owned
by in
her,
having
prosper?
[5%]
Sylvia
is
not
correct.
The heir
3 daughters
are
the
prescription
conceptbeofreimbursed
an owner
purchaser
forunder
value,the
he should
claiming
to be
the
sole
ofown
his money.
parents.
bought
it
from
the
bank
with
her
Is
co-ownersreached
of the hacienda
beingage
the only
(Art.the540,
There
suchprejudice
concept
for
priceNCC).
he paid.
Thisisis no
without
Having
retirement
in heirs
1990
she
correct
or
not?
(3%)
of
Ambrosio.
property
was
here.
Peter was
co-owner,
neverofclaimed
to
United
Car aSales,
Inc. he
right
action
Rosario
returnedWhen
to thethe
province
and upon
foreclosed,
the
right
of
redemption
belongs
sole ownership
is therefore
against
Justine.of the
As property.
between He
two
innocent
learning what had transpired, demanded that
also
to the half
3 of
daughters.
When
estoppedthe
under
Art.causing
1431, NCC.
parties,
party
the injury should
the remaining
the land be
given Sylvia
to her
Ownership;
Co-Ownership;
Redemption
(1993)
ALTERNATIVE
ANSWER:
redeemed
the
entire
property
before
the lapse
suffer the loss. Therefore, United Car Sales,
as her share. Ramon opposed, asserting
that
Yes,
the suit
will prosper
the criminal
In 1937,
A obtained
loanbecause
of P20,000.00
from
of
the
redemption
period,
she alsoofexercised
Inc.
should
suffer thealoss.
he
has
already
acquired
ownership
the
land
SUGGESTED
ANSWER:
act
estafa should
deemed
to come
within
the ofNational
City be
Bank
of New
York,
an
the
right of
redemption
of
her co-owners
by
prescription,
and
Rosario
is
barred on
by
Ramon
is
wrong
on that
both
counts:
prescription
the
meaning
of
unlawful
deprivation
under
Art.
American-owned bank doing business in the
their
behalf.
As
such
she
is
holding
the
shares
laches
from
demanding
partition
and
and
laches.
His possession
as co-owner
did
not
559,
Civil Code,
as without payment
it plaintiff ofwould
Philippines.
To guarantee
his
of
her
two sisters
in the
property,
and claims.
all the
reconveyance.
Decide
the
conflicting
give
rise
to
acquisitive
prescription.
Possession
not
have parted
the possession
of itsestate
car.
obligation,
A with
constituted
a real
fruits
corresponding thereto, in trust for them.
(5%)
ANOTHER ANSWER:
by
a co-owner
deemed
not adverse
to the
the
mortgage on his 30hectare parcel of
Redemption
by isone
co-owner
inures to
No, the suit will not prosper. The sale is valid
other
co-owners
but
is,
on
the
contrary,
agricultural land. In 1939, before he could pay
benefit of all (Adille v. CA.157 SCRA 455).
and Jerico is a buyer in good faith.
Ownership;beneficial
Co-Ownership;
Redemption
(2002) v. GA, 166
deemed
them (Pongon
his
obligation.
Sylvia, however,
isto
entitled
to be reimbursed
ANOTHER
ANSWER:A died intestate leaving three
Antonio,
Bart,
and
Carlos
are
brothers.
They
SCRA
375).
Ramon's
possession
will in
become
children.
a son
by a when
first marriage,
shares of her two sisters
the
Under
theB,
law
on Sales,
the thing and
sold C
is the
purchased
from
their
parents
specific
portions
adverse
only
when
he
has
repudiated
the
coand
D,
daughters
by
a
second
marriage.
In
redemption
price.
delivered by the seller to the buyer without of a parcel of land as evidenced by three
ownership
and
such
repudiation
was
made
1940, the bank
foreclosed the
reservation
of ownership,
the mortgage
ownershipfor
is separates deeds of sale, each deed referring to
known to Rosario. Assuming that the sale in
SUGGESTED
ANSWER:
non-payment
principal
obligation.
As
transferred
to of
thethe
buyer.
Therefore
in the suit
a particular
in meter
and bounds.
the
1985
wherelot
Ramon
claimed
he wasWhen
the sole
(a)
Yes.
A's
sole
decision
to
repair
the
theUnited
only bidder
at theInc.
extrajudicial
foreclosure
of
Car Sales,
against Jerico
for the deeds were presented for registration, the
heir
of
his
parents
amounted
to
a
repudiation
foundation
is
binding
upon
B
and
C.
B
and
C
sale, the of
bank
property
and
was
recovery
the bought
car, the the
plaintiff
should
not
be Register of Deeds could not issue separate
of the co-ownership, the prescriptive period
must
of the
Each
later contribute
issued
a 2/3
certificate
of sale.
The cowar
allowed
to recover
the
car expense.
without
reimbursing
certificates
of Title
be issued,
began
to run
only had
fromto that
time. therefore,
Not more
owner
has
the
right
to
compel
the
other
cosupervened
in
1941
without
the
bank
having
the
defendant for the
price
that the
latter
paid.
S.
Government,
and
utilized
the
same
in
in
the
names
of
three
brothers
as coowners
of
than 30 years having lapsed since
then, the
owners
to
contribute
to
the
expense
of
been
able
to
obtain
actual
possession
of
the
(EDCA
Publishing
and
Distributing
Corp.
vs.
agribusiness.
In
1960,
as
B's
business
the
entire
property.
The
situation
has
not
claim of Rosario has not as yet prescribed. The
Property; Real
vs.
Personal
Property
preservation
of
theremained
thing
(the(1995)
house)
owned
in
property
with
A's
three
Santos,
184which
SCRA
April
1990)
flourished,
C
and 614,
D sued
B26,
for
partition and
changed
up to now,
butalso
each
of the brothers
claim
of laches
is not
meritorious.
Until
common
in
proportion
to their
respective
children
who
appropriated
for
themselves
the
SUGGESTED
ANSWER:
accounting
of
the
income
of
the
property,
has
been
receiving
rentals
exclusively
from
the
the
repudiation
of
the
co-ownership
was
made
interests
(Arts. 485
and 1948,
488, Civil
income from
it. In
B Code).
bought the
claiming that as heirs of their father they were
lot
actually
purchased
by
him.
Antonio
sells
his
known
to
the
other
co-owners,
no
right
has
property from the bank using the money he
co-owners
lot
to
a
third
person,
with
notice
to
his
been
violated
for
the
said
co-owners
to
received as back pay from the U.
brothers. To
enable
theinbuyer
to secure
new
vindicate.
Mere
delay
vindicating
the aright,
title in alone, does not constitute laches.
standing
to consulted,
If
the seller-owner
what would
the agreed
your legal
purchase
adviceprice in residential,
latter
full vacatecommercial,
the premises
industrial,
and deliver
or similar
the same to the
SUGGESTED
ANSWER:
registers
the corresponding deed of sale.
purposes,
former.
Petronila
and only
refused
by lease
to when
vacatenot
theneeded
place
be?
and
productive
The
warehouse
whichof is
construction
Because
the annotation
the anotice
of levy is
on the government
by
ground that the
for public
usufruct
service.
in her favor
adhered
to the
an immovable
by nature
carried over
to soil
the is
new
title in his name,
the
would expire only on 1 June 1998 when
under
Art.
415
(1)
and
the
proper
venue the
of
(2)
If thewould
land is
suited
or actually
used
for
BUYER brings an action against
Manuel
have
reached
his 30th
birthday
any
case
to
recover
ownership
of
the
same,
fishpond
or
aquaculture
purposes,
it
comes
JUDGMENT CREDITOR to cancel such
and that the death of Manuel before his 30th
which
is what
of thethat
complaint
under
thedid
Jurisdiction
of thethe
Bureau
of
annotation,
butthe
thepurpose
latter claims
his liento
is
birthday
not extinguish
usufruct.
SUGGESTED
ANSWER:
annul
thebecause
amendedit Deed
Sale amounts
to,
Fisheries
and
Aquatic
Resources
(BFAR) and
superior
was of
annotated
after the
Whose contention
should
be accepted?
ADDITIONAL
ANSWERS:
Petronila's
is lease.
correct.
Under
SUGGESTED
ANSWER:
should
be
the of
place
the
property
is
can only becontention
acquired by
(P.D.
705)Article
adverse
claim
the where
BUYER
had
ipso facto
1. Buildings
are
always
immovable
property,
and
The
suit
will
prosper.
While
an
adverse
claim
606
of
the
Civil
Code,
a
usufruct
granted
for
(3)
Free
Patent
is
a
mode
of
concession
under
located,
or be
theeffective.
RTC of Bulacan.
ceased
Will the
prosper?
even annotated
in to
the instances
theasuit
parties
to a
duly
at the where
back of
title under
the
time
that
may
elapse
before
a
third
person
Section
41,
Chapter
VII
of
the
Public
Land
[5%]
contract 7O
seem
have
dealtiswith
it separate
Section
oftoP.D.
1529
good
only for and
30
reaches
a certain
age shall
subsist
for the
Act, which
is applicable
only
for agricultural
apart
from
the
land
on
which
it
stood
in no wise
SUGGESTED
days, cancellation thereof is still necessary
to
number
years specified even if the third
lands. ofANSWER:
does itit change
its otherwise,
character the
as inscription
immovable
1.
machinery
movable
render
ineffective,
person
should
die unless
there isforester
an is
express
(4)The
Thefurniture-making
certificate
of the district
that
property.will
A building
is an immovable
even
not
property
because
it
was
not
installed
by the
thereof
remain annotated
as a lien
onif the
stipulation
in the contract
thatand
states
the land is already
"alienable
disposable"
erected by
the the
owner
of adverse
the land.
Theis only
owner
the
To
become
immovable
property.
While
life of
claim
3O
otherwise.
In tenement.
the
bar,
there
is
no
simply of
means
thatcase
the at
land
is
no longer
criterion
is
union
or
incorporation
with
O.G.
4374)
(Reyes
and
Puno,
Outline
of
under
415
(5)purposes,
of the
NCC,
the Bureau
machinery
days under P.D. 1529, it continuous the
to soil.
be
express
stipulation
that
the
consideration
for
neededArt.
for
forest
but the
of
ALTERNATIVE
(Ladera vs.
Hodges
482. p.7)
Philippine
Civil
Vol.
must
be ANSWER:
installed
by
theof of
owner
of son.
the
effective
until
itLaw,
is (CA)
canceled
by formal petition
the
usufruct
is the
existence
Petronila's
Lands
could
no
longer
dispose
it by free
This
is a usufruct
ALTERNATIVE
ANSWER:which is clearly intended for
The
cancellation
of of
theDeeds.
notice of levy is
tenement.
filed
with
the
Register
Thus,
the
general
rule
and
not
the
exception
patent
because
it
is
already
covered
by
a
lease
2. The warehouse
built 108
by Pedro
the
It depends
the circumstances
of the30
case.
the
benefit on
of Manuel
until he reaches
yrs. If
justified
under Section
of P.D.on1529
should
apply
in this
case.and Regina. That
contract
between
BFAR
mortgaged
property
is
real
property
within
the
the
machinery
was of
attached
in
a fixed
manner,
of
age
with
Petronila
serving
only
as a
conduit,
considering that the levy on execution can not
(5)
The
free
patent
Jorge
is
highly
irregular
contract must be respected.
context
of Article
415
ofbuyer
the New
Civil
Code,
in
such
way
thatnot
it in
cannot
be
from
holding
the
property
trust
forseparated
his the
benefit.
be
enforced
against
the
whose
adverse
and
voida
ab
initio,
only
because
Bureau
although
it
was
built
by
Pedro
after
the
the
tenement
without
breaking
the
material
or
The
death
of
Manuel
at
the
age
of
26
claim against the registered owner was
has no statutory authority to issue a free
foreclosure
sale
without
the
knowledge
and
causing
deterioration
thereof,
it
is
immovable
therefore,
terminated
the
usufruct.
recorded ahead of the notice of levy on
patent over a foreshore area, but also because
consent of
thePendens;
new owner
which
makes him a
Annotation
of Lis
When Proper
(2001)
property
[Art.
415 (3),made
NCC].
execution.
of the false
statements
in However,
his sworn if the
buildersold
in his
badhouse
faith, and
thislot
does
not alter
Mario
to Carmen
for the
P1
machinery
can
be
transported
place to
application that he has occupied from
and cultivated
characterpayable
of the warehouse
as aequal
real property
million
in five (5)
annual
place
without
impairment
of
the
tenement
the land since July 4, 1945, as required by theto
by incorporation.
is registered
a structure
which
installments.
The saleItwas
and
title
which
theylaw.
were
fixed,
then91itofisthe
movable
free patent
Under
Section
Public
SUGGESTED
ANSWER:
cannot
be removed
without
causing
injury
to
was
issued
in
Carmen's
name.
Carmen
failed
property.
[Art.
416
(4),
NCC]
Land
Act,
any
patent
concession
or
title
(Note: If the examinee does not mention
2.
It
is
immovable
property.
When
there
Acquisition of Lands; Citizenship Requirement (2003) is a
thepay
land.
mythree
advice to Pedro isand
to file
the
to
theSo,
last
Mario
that
the
structureinstallments
was built by a builder
in
obtained
thru
falselease
representation
is de
void
provision
in spouses
the
making
In
1970, the
Juancontract
and Juana
la abthe
case with
the
RTCshould
of collection,
Bulacan,
the
situs
of the
filed
an.
damages
badaction
faith, itfor
be given full
credit). and
initio. then
In
cases
of this
nature,
it is
the ofof the
lessor,
at
the
end
of
the
lease,
owner
Cruz,
Filipinos,
bought
the
parcel
property,
attorneys
against
her. Upon filing of the
Sower; Good fees
Faith/ Bad
Faith (2000)
governmentinstalled
that
institute
annulment
machinery
by
the lessee,
said
unregistered
landshall
in the
Philippines
onthe
which
complaint,
he
caused
a
of and
lis pendens
Felix cultivated a parcelnotice
of land
planted to
it
proceedings
considering
that
the
suit carries
machinery
ishouse
considered
to
have been
installed
SUGGESTED ANSWER:
they
built
a
which
became
their
be
annotated
on believing
Carmen's ittitle.
Is the
notice
to sugar
toproper
be
hisfor
own.
withthe
it alessor
prayer
for the
oftothe
land
to
by
through
the
lessee
who
acted
The
noticecane,
of lis pendens
is not
the
residence.
In 1986,
theyreversion
migrated
Canada
of
lis
pendens
proper
or
not?
Why?
(5%)
When
the
crop
was
eight
months
old,
and
the
state.
However,
Regina
is
a
party
in
merely
as hisCanadian
agent. Having
been
installedinby
reason that the case filed by Mario against
and became
citizens.
Thereafter,
harvestable
after
two moredamages,
months,and
a
interest
andapplied,
thethe
case
will prosper
she
the
owner
of
tenement,
thebecause
machinery
Carmen
is only
for collection,
1990,
they
opposed
by the
Republic,
resurvey
of
the
land
showed
that
it
really
has
a
lease
contract
for
the
same
land
with
the
became
immovable
.under
Art.
415
of
attorney's
fees.
for
the registration
ofProperty
the aforesaid
SUGGESTED
Property;
Real vs. Personal
(1997) land in
belonged ANSWER:
to
Fred.
What are
the be
options
government.
Annotation
of
a
lis
pendens
can
only
done
NCC.
(Davao
Sawmill
v.
Castillo
61
Phil.
709)
their
names.
Should
the application
the
As
to thetopending
crops planted by Felix in
Pedro
is the
registered
owner of aofparcel
of
available
Fred? (2%)
SUGGESTED
ANSWER:
in
cases
involving
recovery
of possession
of
spouses
de
la
Cruz
be
granted
over
the
good
faith,
Fred has
the option
of allowing
land
situated
in
Malolos,
Bulacan.
In
1973,
he
Yes,
the
application
should
be
granted.
As
a
real
or the
to cultivation
quiet title and
or to
Republics
opposition?
Why?
5%
Felix property,
to continue
to remove
harvest
mortgaged
the land toprohibits
the Philippine
National
rule,
the Constitution
aliens from
cloud
thereon,
or
for
partition
or
any
the crops, or to continue the cultivationother
and
Bank
(PNB)
to
secure
a
loan
of
P100.000.00.
owning
private
lands
in
the
Philippines.
This
proceeding
affecting
title In
to the
the latter
land option,
or the
harvest the crops
himself.
For
Pedro's
failure
to
pay
the
loan,
the
PNB
rule,
however,
does
not
apply
to
the
spouses
use
or occupation
The
action
however,
Felix shallthereof.
have the
right
to afiled
part by
of
foreclosed
on the
mortgage
in 1980,
and
the
Juan
and Juana
de la
Cruz because
at the
time
Mario
does
not
fall
on
anyone
of
these.
the expenses
of cultivation and to a part of the
land
was
sold
at
public
auction
to
PNB
for
Foreshore
Lands
(2000)
they
acquired
ownership
over
the
land,
albeit
ALTERNATIVE
ANSWER:
net harvest,
both leasing
in proportion
to the
time
of
being
the they
highest
PNB citizens.
secured The
title
Regina
has been
foreshore
land
from
imperfect,
werebidder.
still Filipino
Since sugarcane
is not a perennial
crop.
Felix
possession.
(Art.
545 NCC), Aquatic Resources In
the in
meanwhile,
Pedro, iswho
was still in
thereto
1987.
the
Bureau of
application
for registration
a mere
is considered
aFisheries
sower inand
good faith. Being so,
possession
of
the
land, title
constructed
for
the
past
15
years.
Recently,
she
learned
confirmation
of
the
imperfect
which the a
Art. 448 applies. The options available to Fred
warehouse
on
the
property.
In
1988,
that
Jorge
was able tothe
obtain
free paying
patent spouses have already acquired before the
theyPNB
are: (a)
to appropriate
crop aafter
Adverse
Claims;
Notice
of
Levy
(1998)
sold
the
land
to
Pablo,
the
Deed
of
Sale
from
the indemnity
Bureau of under
Agriculture,
covering
became Canadian citizens. (Republic v. CA,was
Felix the
Art. 546,
or (b) the
to
Section
70in
of1989
Presidential
Decree
No. 1529,
amended
to include
the warehouse.
same
land,
ontothe
basis
SCRA
567
[1994]).
require
Felix
pay
rent.of a certification by the 235
Pedro, claiming
ownership
ofregistered
the warehouse,
concerning
adverse
claims
on
land,
Usufruct (1997)
District
Forester that the same is already
files a complaint
toperiod
annulof
the
amendedofDeed
of
provides
a
30-day
effectivity
an
On 1 January
Minerva, Moreover,
the owner Jorge
of a
"alienable
and1980,
disposable".
Sale
before
thecounted
Regional
Trial
Court
of
Quezon
adverse
claim,
from
the
date
of
its
building,
granted
Petronila
a usufruct
over the
had
already
registered
the
patent with
the
City,
where he
resides,
against
the PNB
registration.
Suppose
a notice
of both
adverse
property of
until
01 June
when and
Manuel,
a
Register
Deeds
of the1998
province,
he was
and
Pablo.
The
PNB
filed
a
motion
to
dismiss
son of Petronila,
would
have reached
issued
an Original
Certificate
of Titlehis
for30th
the claim based upon a contract to sell was
the
complaint
for
improper
venue
contending
SUGGESTED ANSWER:
birthday.
Manuel,
however,
on Jorge's
1 June
same.
Regina
filed
an annulment
action died
for annulment
of registered on March 1, 1997 at the instance of
An action
for
the
of
that
the warehouse
is 1,real
property
under
the BUYER,
but on June
1997,
or after the
1990
when
he
was
only
26
years
old.
Jorge's
title
on the ground
that
it was obtained
Original
Certificate
of
Title
will
prosper
on
the
Article
415(1)
of
the
Civil
Code
and
therefore
lapse
of
the
30-day
period,
a
notice
of
levy
on
Minerva notified
that the usufruct
fraudulently.
Will Petronila
the
(1)
Under grounds:
Chapter
IX action
of C .A,prosper?
No. 141,(2%)
following
the
action
should
have
instead
been
filed
in
execution
in
favor
of
a
JUDGMENT
CREDITOR
had been extinguished by the death of Manuel
otherwise known as the Public Land Act,
Malolos,
Bulacan.
Pedro
claims
otherwise.
The
was
also
registered
to
enforce
a
final
and demanded that the
foreshore lands are disposable for
question arose
as toagainst
whether
warehouse
judgment
for money
the the
registered
should Then,
be considered
as1997
real there
or ashaving
personal
owner.
on June 15,
property.
been
no formal cancellation of his notice of
adverse claim, the BUYER pays
LAND TRANSFER &

DEEDS
It is a well-known
homestead
from him
rule in
anymore
this jurisdiction
because that
theirpersons
action
Cesar bought a residential condominium unit from
dealing
prescribed
withand
registered
that furthermore,
land have A
the
was
legal
in pari
The mortgage
Rise
Co. and paid
to Desiderio
the price
should
in full.
be He
cancelled
moved
has
High
right
delicto.
to rely
Decide.
on the
(5%)
face of the Torrens
into
the prejudice
unit, but somehow
he was
given
without
to his right
to not
go after
SUGGESTED ANSWER:
Certificate
of Title and to dispense with the
Catalino
the
Condominium
and/or Certificate
the
government
of Title covering
for
The sale
of thefurther,
land byexcept
A to B
3 years
after
need
to inquire
when
the party
the
property. Unknown
to him, High
compensation
from the assurance
fund.Rise Co.
issuance ofhas
the
homestead
patent,
being
Fraud;
Procurement of Patent;
Effect (2000) the
concerned
actual
knowledge
of facts
andin
subsequently
mortgaged
entire
violation of Section
118 impel
of thea reasonably
Public Land
In 1979, Nestor building
applied fortoandMetrobank
was granted as
a
circumstances
that would
condominium
Act, is void
from
its inception.
Free Patent
a parcel
agricultural
cautious
man
to make
such inquiry. (Naawan
security
for over
a loan
of P500of million.
High land
Rise
The action filed by the heirs of B to declare
with an
areato
of 30
located
General
Community Rural Bank v. Court of Appeals, G.R. Co.
failed
payhectares,
the loan
and inthe
bank
the
nullity
inexistence
of the contract
and
In the
givenor
problem,
the2003)
property
was
Santos City.the
He mortgage.
presented the
Freeforeclosure
Patent to
No.
128573,
January
13,
foreclosed
At the
to
recover
the land
should
beRod
given
already
registered
in the
name of
whendue
he
the Register
Deeds, the
andbuilding,
he was being
issuedthe
a
sale,
the bankofacquired
course.
bought the same from the latter. Thus, Don
corresponding
Original
Certificate
of Title
highest
bidder. When
Cesar
learned about
this,
B's
of prescription
untenable
coulddefense
be considered
as a buyer inisgood
faith
(OCT)
Subsequently,
sold the
he
filedNo.
an 375,
action
to annul the Nestor
foreclosure
sale
because
an
action
which
seeks
to
declare
and for value. However, since Rod did not the
land
to as
Eddie.
Thewas
deed
of sale was
submitted
insofar
his unit
concerned.
The
bank put
nullity
inexistence
of to
A him,
contract
actuallyorsell
any property
Don does
has nonot
to
on theonbasis
up the
theRegister
defenseof Deeds
that itandrelied
the
SUGGESTED ANSWER:
prescribe.
(Article
1410;
Banaga
vs.
Soler, 2
right to retain ownership over the property.
thereof,
OCT
No,
375
was
cancelled
and
condominium
certificates
of
title
presented
by
Metrobank's defense is untenable. As a rule,
8CRA
765)
He has
only the right to recover the purchase
Transfer
Certificate
of
Title
(TCT)
No. it
4576
High
Rise
Co.,
which
were
clean.
Hence,
was
On
the
other
hand,
B's
defense
of
pari
delicto
an innocent purchaser for value acquires a
Forgery;plus
Innocent
Purchaser; Mirror Principle (1991)
price
damages.
was
issued in and
the name
ofinEddie.
In
1986,
a mortgagee
buyer
good
faith.
Is the
this
is
equally
untenable.
asofaarule,
parties
good
and a clean
title
to the
property.
Bruce
is the
registeredWhile
owner,
parcel
of
Director
of
Lands
filed
a
complaint
for
defense
tenable
or
not?
Why?
(5%.)
who
are ainbuilding
pari delicto
recourse
However, it is settled that one who closes his
land with
thereonhave
and isno
in peaceful
annulment
of
OCT
No,
375
and
TCT
No.
4576
against
each
otherHe
onpays
thethe
principle
that a
eyes to facts that should put a reasonable man
possession
thereof.
real estate
on the ground that Nestor obtained the Free
transgressor
cannot
profit therefrom.
from his Later,
own
on guard is not an innocent purchaser for
taxes and collects
the rentals
Patent through fraud. Eddie filed a motion to
wrongdoing,
suchbrother
rule of
does
notfiled
apply
SUGGESTED
value. In ANSWER:
the present problem the bank is
Catalino, the only
Bruce,
a to
dismiss
on the
groundtothat
he was
innocent
The
motion
of aNestor
thean
complaint
violations
of Section
118 of the Public
Land
expected,
as
matter dismiss
of standard
operating
petition where
he, misrepresenting
to be the
purchaser
for
value
and
in
good
faith
and
as
for
annulment
of
O.C.T.
No.
375
and
T.C.T.
No.
Act
because of the
underlying
public
policy in
procedure, to have conducted an ocular
attorney-in-fact
of Bruce
and falsely
alleging
such, should
he hasbe
acquired
a title
to the property
4576
denied
for
the
following
the
said
Act
"to
conserve
the
land
which
a
inspection, of the promises before granting
that the certificate of title was lost, succeeded
which is valid,
unassailable
and
indefeasible.
reasons:
Eddie
cannot
claim
protection
as an
homesteader
acquired
by duplicate
gratuitouscopy
grant
any loan.1)
Apparently,
Metrobank
did not follow
in obtaining ahas
second
owner's
Decide
the
motion.
(5%)
purchaser
for
value
nor
can
he
interpose
innocent
from
the
government
for
himself
and
his
this procedure. Otherwise, it should have
of the title and then had the same transferred
the defense
indefeasibility
of his
family".
In keeping
this policy,
it has
been
discovered
that ofthe
condominium
unittitle,
in
in his name
throughwith
a simulated
deed
of sale
because
his
TCT
is
rooted
on
a
void
title.
held
that
one
who
purchases
a
homestead
question
was
occupied
by
Cesar
and
that
fact
in his favor. Catalino then mortgaged the
Mirror
PrincipleSection
(1990)
Under
of CAfurther
No. 141,
as
within
thetofive-year
prohibitory
period
can only
should
have led it 91
to make
inquiry.
property
Desiderio
who had the
mortgage
In
1950's,
the
Government
acquired
a
big
amended,
otherwise
known
as
the
Public
recover
theonprice
which
he has
paid by
Under the circumstances, Metrobank cannot
annotated
the title.
Upon
learning
of filing
the a
landed
in Central Luzon
from the
Landestate
Act, statements
material
in
claim
against
the estateBruce
of thefiled
deceased
seller
be considered
a mortgageeofand
buyer facts
in good
fraudulent
transaction,
a complaint
registered
owner
for
subdivision
into
small
the
applications
for
public
land
must
be
(Labrador
vs. Delos
66 Phil.
579)
under
faith.
against
Catalino
andSantos
Desiderio
to have
the
SUGGESTED ANSWER:
farms
bonafide
underand
oath. redistribution
Section 91 of of
the same
act
the
principle
that
no
one
shall
enrich
himself
title
of
Catalino
and
the
mortgage
in
favor
of
The complaint for the annulment of Catalino's
Forgery;
Innocent
Purchaser;
Holder
in
Bad
Faith
(2005)
occupants,
F
was
a
former
lessee
of
a
parcel
provides
that
such
statements
shall
be
at
the
expense
ofInanother.
Applying
the
pari
Desiderio
declared
null
Will
FIRST
ALTERNATIVE
ANSWER:
Title
will
prosper.
theand
firstvoid.
place,
thethe
second
of
land,
hectares
in area.
After
completion
Rod,
thefive
owner
of essential
an
FX taxi,
found
in and
his
considered
as
conditions
delicto
rule
to
violation
of
Section
118
of
the
The
action
to of
declare
the
nullity
of
the
sale
did
complaint
prosper,
willsecured
the title
Catalino
owner's
copy
theor
title
byof
him
from
of
the
resurvey
subdivision,
F applied
to
vehicle
anof
envelope
containing
TCT
No.
parts
theand
concession,
title,
or 65432
permit
Public
Land
Act,
the
Court
of
Appeals
has
not
prescribe
(Art.
1410},
such
sale
being
one
and
the
mortgage
to
Desiderio
be
sustained?
the Land Registration Court is void ab initio,
buy
the
said
land
in
accordance
with
the
over
a
lot
registered
in
Cesar's
name.
Posing
issued, any false statement therein, or
ruled
that prohibited
"the
homesteader
suffers
the
lossthe
of
expressly
and having
declared
void
by
the
owner's
copy
thereof
never
been
guidelines
of of
the
implementing
agency.
Upon
as Cesar,
Rod
forged
Cesar's
on a
omission
facts
shall
ipsosignature
facto produce
the
fruits
realized
by
the
vendee
who
in
turn
Public
Actfact
[Art.
par. (7)]. The
lost,
let Lands
alone the
that1409,
said second
full
payment
of
the
price
in
1957,
the
Deed
of
Sale
in
Rod's
favor.
Rod
registered
the
cancellation
of
the
concession.
The
forfeits
theof
that he
prohibition
the title
lawwas
is fraudulently
clearly
for has
the
owner's
copy
of improvement
the
corresponding
deed
of
absolute
sale
was
said
document
with
the
Register
of
Deeds,
and
patent
issued
to
Nestor
in
this
case
is
void
introduced
the ofland."
(Obot
vs.
protectionand
of into
the heirs
A
suchby
that
2)
The
government
can
seek
annulment
of
procured
improvidently
issued
the their
executed
his
was
registered,
and
obtained
ainnew
title
his
name.
Afterobtained
a year,
ab initio
notfavor
onlyinand
because
it was
SandadiUas,
69 OG,
April 35,
1966enhance
}
recovering
the
property
would
the
the
original
and
transfer
certificates
of
title
Court. In the second place, the Transfer
in
a new
title
was because
issued
hisgood
name.
In
he 1961,
sold
the
lot
to Don,
a buyerinin
faith
by fraud
but
it
covers
30
public policy
regarding
ownership
of islands
In
1977,
C
filed
an also
action
to land
annul
deeds
of
and
the
reversion
of
the
tothe
the
state.
Certificate
of Title
procured
by Catalino
a)
Did
Rod
acquire
title
land?
Explain.
1963,
F sold
the
said
land
toto
X;the
and
in
1965
X
andhectares
for
value,
who
also
registered
the
lot
in
which
is
far
beyond
the
maximum
acquired
by
homestead
patent
(Art.
1416).
The
sale
to
F,
X
and
Y
and
their
titles,
on
the
SUGGESTED
ANSWER:
Eddie's
is untenable.
The protection
equally null and void, it having been issued on
(2%)
sold
it 24
todefense
Y,
new titles
were successively
issued
his name.
of
hectares
provided
free
patent
No,
Rod
did
not(C)
acquire
titleby
tothe
the
The
defense
ofofpari
delicto isornot
applicable
either,
ground
that
he
had been
in
actual
physical
afforded
by
the
Torrens
System
to
anland.
innocent
the
basis
a
simulated
forged
Deed
of
in the
names of the said purchasers.
SECOND ALTERNATIVE ANSWER:
law.
inscription
in
the
registry,
to
be
effective,
must
since
the
law
itself
allows
the
homesteader
to
possession
of
the
land,
and
that
the
sale
to
F
purchaser
for
value
can
be
availed
of
only
if
Sale.
A forgeddoes
deednot
is anarise
absolute
andto
Prescription
withnullity
respect
be
made
in
good
faith.
The
defense
of
reacquire
the
land
even
if
it
has
been
sold.
and
the
subsequent
sales
should
be
set
aside
the
land
has
been
titled
thru
judicial
conveys
no title.
Theamortgage
in favora ofnullity
actions to
declare
void contract
indefeasibility
of ofathe
Torrens
does
not
on
the ground
fraud.
of
proceedings
where
issue Upon
ofTitle
fraudmotion
becomes
Desiderio
is likewise
nullisand
because
the
(Article 1410).
Neither
thevoid
doctrine
of pari
extend
to
a
transferee
who
takes
the
defendants,
the
trial
court
dismissed
the
academic
after
the
lapse
of
one
(1)
year
from
mortgagor
is not the
ownerof
ofpublic
the mortgaged
delicto applicable
because
policy. The
certificate
of
title
notice
of a of
flaw.
A
complaint,
upholding
their
defenses
their
the issuance
of
the with
decree
of
registration.
In
property.
While it may
that underofthe
law is designed
for be
thetrue
protection
the
(a)
Is the
saidfaith
appeal
holder
inland
bad
ofpurchasers
ameritorious?
certificate
offor
title
is not
being
innocent
value,
public
grants,
the
action
of
the
"Mirror
Principle"
of
the
Torrens
System
of
plaintiff so as to enhance the public policy of
(b)
Suppose
the
government
agency
Explain
your
answer
entitled
to the
theappealed.
law,
for the
prescription
and
laches.
government
to protection
annul Plaintiff
a oftitle
fraudulently
Land
Registration,
buyer
mortgagee
the Public
Land aAct
to or
give
land tohas
the
concerned
joined
C
in
filing
the
said
action
law
cannot
be
used
as
a
shield
for
frauds.
obtained does not prescribe such action
and
If
the
heirs
allowed
to recover,
the
right
to are
relynot
on what
appears
on theit could
landless.
In the case
at Void
bar,
Rod
onlyG.R.
forged
Cesar's
Homestead
Patents;
Sale
(1999)
against
the
defendants,
would
that
change
the
(Samonte
v.
Court
of
Appeals,
No.
104223,
will not be barred by the transfer of the title
to
be on the of
ground
of laches
inasmuchof as 40
Certificate
Title, and
in the absence
signature
onlitigation?
the -Deed
of Sale.
It isa very
In
1950,
the
Bureau
of
Lands
issued
Homestead
result
of2001)
the
Explain.
July
12,
an
innocent
purchaser
for
value.
years
had
elapsed
and
the
owner
had
not
anything
to
excite
suspicion,
is
under
no
simulated sale; b) The fact that it was derived
apparent
that there
badthe
faith
on the part
A.
Three
later,was
A sold
homestead
to
patent
to years
brought
any
against
especiallyand
if the
obligation
to action
look beyond
theBcertificate
from a fraudulently
of Rod
from
the very
beginning.
As such,
he is
B.
A died
in 1990,
and
his heirs filed
an action
latter
had the
improved
the land.
It would
be
investigate
title,
this
rule does
procured
ormortgagor's
improvidently
issued
second
owner's
b)
Discuss
the
rights
of Don,
any,
over
not recover
entitled the
to the
protection
ofifB
the
to
homestead
from
onLand
the
detrimental
to B if in
the
plaintiff
is
allowed
to in the
not
findreal
application
the
case at
hand
the
owner's
copy
being
still
intact and
copy,
the
Registration
property.
Act.
(2%)
ground
that
its
sale
by
their
father
to
the
Innocent
Purchaser
forthe
Value
(2001)
recover.
because
here. Catalino's
title
suffers from two
SUGGESTED ANSWER:
possession
of
true
owner,
latter is void under Section 118 of the Public
Page 71 of 119
fatalBruce.
infirmities, namely: a) The fact that it
Land Law. B contends, however, that the heirs
emanated from a forged deed of a
of A cannot recover the
prescription
occupant
property
based
thereof
and
onlaches.
and
the fact
forMore
that
this the
than
reason
sale
52included
his
years
transfer
have
required
the
(a)
his The
obligation.
mortgage
to explore
However,
contract
beyond
the
executed
what
action
thewas
by
record
O,
brought
if at
in all,
the is
of
half
elapsed
title
pro-indiviso
may
frombeher
vulnerable,
share.
discovery
Pacifico
the
of had
the
transfer
asale
notice
of
in the
of
indicates
ten-year
prescriptive
on its face inperiod
questprovided
for any hidden
by law
certificate
onealready
within
only
a the
registry
ALTERNATIVE
same
lis
1950.
pendens
land ANSWER:
and
annotated
the issuance
on the of
title
new
covering
TCTs to
theX
defect
wherein
oractions
inchoate
based
righton
which
written
may
contracts
B.
Windas
claim
that
her Torrens
Title subsequently
and Y who
property
andare
ordered
innocent
the purchasers
cancellation
for
of the
value
can be instituted.
defeat
a) his
Willright
the defense
thereto. This is
covering
the
property
is indefeasible
and the
renderof
notice
the
lis
latter's
pendens.
titles
Theindefeasible.
notice
of lis A
pendens
person
prosper?
Reason.
(3%) b)
are thesystem
"mirror
principle'
of What
the Torrens
imprescriptible
[does
not
hold
water]
is
SUGGESTED
ANSWER:
dealing
could
not
with
be cancelled
registeredimmediately
land may safely
because
rely not
on
essential
elements
of laches?
(2%) deed to
which
makes
it possible
for a forged
theroot
defense
will not
tenable.
The the
rule
of certificate
indefeasibility
the title
correctness
over
of
property
the
was withof
a bank
titleof
to
anda No,
be the
of a good
title.prosper. The problem
did
not
give
facts
from
which laches
may
Torrens
Title
means
that
after
one him
year
Besides, it appears that spouses
X and Y
are be
the law
which
the
will
property
not
in had
any
been
way
mortgaged
oblige
by
tofrom
go
inferred.
Mere
delay
in
filing
an
action,
the
date
of issue
of thethe
decree
of
registration
guilty of contributory negligence when they
behind
Bart.
Pacifico
the
appealed
certificate
to
case.
determine
While
the the
alone,
not
constitute
laches
or
if the
land
hasproperty
fallen
into
the
hands
an standing
delivered this
OCTdoes
to the
mortgagee
without
condition
appeal
was
ofpending
the
and with
inthe
search
notice
for
ofof
lis
any
SUGGESTED
ANSWER:
(Agra
v.
PNB.
309
SCRA
509).
innocent
purchaser
for
value,
the
title
becomes
annotating
mortgage
thereon.
Between
hidden defect
pendens
still uncancelled,
or inchoate
Bart
right
sold which
the
may
The fourthe
basic
elements
of laches
are; (1)
IMPRESCRIPTIBILITY,
on the other hand, b)
incontestable
andorincontrovertible.
them
and
the
innocent
purchaser
for
value,
later invalidate
property
to Carlos,
who
diminish
immediately
the right
caused
to the
conduct
on
the
part
of
the
defendant
or
of one
means
that
no
title
to
the
land
in
derogation
of
ALTERNATIVE
ANSWER:
1.
The
action
the sale
was
instituted
they should
bear
the
loss. giving rise to the
land.
the
cancellation
This
is thetomirror
ofannul
the notice
principle
of lis
of pendens,
the
Torrens
as in If
under
whom
he
claims,
the
buyer
B,
who
relied
on
the
teller
A's
that1977
of the
registered
owner
may
be
acquired
more
than
years
the
date of
System
well
as the
oforland
issuance
registration.
of (10)
a new
titlefrom
in his
name.
situation
complainant
seeks
a remedy;
title, was of
notwhich
aware
of the adverse
possession
by execution
adverse thereof
possession
or
acquisitive
in
1957,
hence,
it
has
long
Is
Carlos
(a)
a
purchaser
in
good
faith,
or
(b)
a
(2)
delay
in
asserting
the
complainant's
rights,
of the land by the spouses X and Y, then the
SUGGESTED
ANSWER:
prescription
or that the registered owner does
prescribed.
transferee
pendente
lite?
If
your
answer
is
(a),
the
complainant
having
had
knowledge
A. Carlos
isSec
a
buyer
bad
faith.
The
notice
B.
B has
in hisrecover
favor the
of good or
latter
cannot
thepresumption
property from
not
lose by
extinctive
prescription
his
right
2.
Under
45 of
ofin
Act
496,
the
entry
ofbe
aofto
how
can
the
right
Pacifico
as
co-owner
notice
of
the
defendant's
conduct
and
lis pendens
was
annotated
at the
back
of
faith which can only be overthrown by having
recover
ownership
and
possession
of the
certificate
of still
title
shall
be regarded
asland.
an
protected?
Explain.
(5%)
afforded
opportunity
to institute
suit;
The
action
in
this
case
is
for
annulment
of
the
the
title
at
the
time
he
bought
the
land
from
adequate
proofan
of bad
faith. However,
nobody
agreement running with the land, and binding been
(3)
lack
of
knowledge
on
the
part
of
the
sale
executed
by
the
husband
over
a
conjugal
Bart.
The
uncancelled
notice
of
lis
pendens
buys
land
without
seeing
the
property,
hence,
upon the applicant and all his successors in title
defendant
that
the
complainant
would
assert
partnership
property
covered
by
a
Torrens
operates
as
constructive
notice
of
its
contents
B
could
not
have
been
unaware
of
such
that the land shall be and always remain
rightpossession.
on which If
heafter
bases
his suit;
and (4)
Title.
Action
on contracts
are
as well
as interests,
legal
equitable,
adverse
learning
of such
registered
land.
A
titleor
under
Actsubject
496 is to the
injury
or
prejudice
to
the
defendant
in the
prescription.
included
therein.
All
persons
are
charged
with
possession,
B
simply
closed
his
eyes
and
did
indefeasible
and to preserve that character, thePrescription & Laches; Indefeasibility Rule of Torrens
Title
Prescription
(1990) of
event
relief
is
accorded
to
the
complainant,
or
the
knowledge
what
it
contains.
In
an
nothing
about
it,
then
the
suit
for
title is cleansed anew with every transfer for (2002)
In 1960,
an itunregistered
parcel
of of
land
was the
suit
is
not
held
to
be
barred.
earlier
case,
was
held
that
a
notice
an
reconveyance
will
prosper
as
the
buyer's
bad
value (De
v City of Manila; 29 Phil. 73;
back
in 1948,
husband sold in
Notice will
of
Lishave
Pendens
(1995)Windas
mortgaged
byJesus
owner
O effective
to M, a family
friend, as Way
SUGGESTED
ANSWER:
adverse
claim
remains
and 313;
binding
become
evident.
Laperal
v City
of Manila,
62 Phil
Penullar vfaith
favor
of
Verde
Sports
Center
(Verde)
(b)
Even iffor
theagovernment
joins
C,
thisfrom
will
of title
over a a
collateral
loan.
O ofacted
his Rommel was issued a certificateCorp.
notwithstanding
the
lapse
the
30through
days
PNB 120 S 111
).
10-hectare
property
belonging
to
their
conjugal
Carlos
is athe
transferee
pendente
lite
insofar
as
not
alter
outcome
of
case
so is
much
parcel of land in Quezon City. One year later
attorney-in-fact,
son
S, the
who
was
duly
its
inscription
in
the
registry.
This
ruling
partnership.
The sale owner
was ofmade
without
Sanchos
share
in
the
co-ownership
in
the
land
because
of
estoppel
as
an
express
provision
in
Rachelle, the legitimate
the land,
authorized
by
way
of
a
special
power
of
even more applicable in a lis pendens.
Windas
knowledge,
much
less
consent.
In
is
concerned
because
the
land
was
transferred
Sec
45
of
Act
496
and
Sec
31
of
PD
1529
that
attorney, wherein O declared that he was the discovered the fraudulent registration obtained
1950,
Winda
learned
of
the
sale,
when
she
to
him
during
the
pendency
of
the
appeal.
a
decree
of
registration
and
the
certificate
of
by
Rommel.
She
filed
a
complaint
against
absolute owner of the land, that the tax
the deed ofandsale
among
B.
Pacifico
his right
a co-owner
title
issuedcan
inprotect
pursuance
thereof
shall
Rommel for reconveyance
caused
the the
declarations/receipts
were
all as
issued
in be
his discovered
her husbands
vaultonafter
by
pursuing
his
appeal;
theall
Court
of
conclusive
and
against
persons,
annotation ofina notice
of lis pendens
the his
name,
and upon
that
he asking
has been
in
open, documents
As
O was
unable
tore-annotation
paygovernment
back
the
demise.
noticed Rommel
that the
Appeals
to the
order
the
of loan
the
including
and
all
certificateSoon
of titleafter,
issuedshe
to Rommel.
continuous
andnational
adverse
possession
inlisplus
the
interest
for
the title
past
[5)
years,
to
construction
of the
sports complex
had
started.
pendens
on
the
offive
Carlos;
and byM
invoking
branches
thereof,
whether
mentioned
byhad
name
now invokes the
indefeasibility
of his
title
concept of
owner.
Mirror
Principle;
Forgery;
Innocent
Purchaser
(1999)
foreclose
the
mortgage.
At
the
foreclosure
Upon
completion
of
the
construction
in
1952,
his
right
of
redemption
of
Barts
share
under
in the application or not.
considering
that
one
yearagainst
has already
elapsed
Winda
nowbut
files
a suit
Verde
for the
ALTERNATIVE
ANSWER:
The
X the
and
Y mortgaged
a piece
of
sale, spouses
M was
the
highest
bidder.
Upon
issuance
she
tried
failed
to
get
free
membership
Articles
1620
of
New
Civil Code.
from
its issuance.
the
annulment
the He
salealso
on seeks
the ground
that she
A.
is land
a purchaser
in deed
good faith.
A
registered
to final
A, delivering
well and
the
of Carlos
the sheriffs
ofas sale
privileges
inofof
Verde.
cancellation
the
notice
of
Lis
pendens.
May
did
not
consent
to
the
sale.
In
answer,
Verde
possessor
in
good
faith
has
been
defined
as
SUGGESTED
ANSWER:
OCT
to the inlatter,
but 1966,
they the
continued
to
registration
January,
mortgage
the
court
cancel
the
notice
of
lis
pendens
even
A Notice that,
of LisinPendens
maywith
be canceled
contends
accordance
the Spanish
one
whoand
is
unaware
exists
a flaw
possess
cultivate
thethere
land,
giving
1/2 of
property
was
turnedthat
over
to M's
possession
before
final
judgment
is
rendered?
Explain.
even Code
beforewhich
final Judgment
upon
proper
Civil
was then in
force,
the sale in
which
invalidates
acquisition
of the thing
each
harvest
to has
Ahis
insince
partial
payment
of their
and control
M
then
developed
the
showing
that
the
notice
is
for
the
purpose
1948
of
the
property
did
not
need ofher
(Art.
526,
NCC).
Good
faith
consists
in
the
In
1977,
after
the
tenth
(10th)
death
loan
to
the
latter,
A,
however,
without
the
said property. In 1967, O died, survived by
molesting
or
harassing
the
adverse
party
concurrence.
Verde
contends
that
in
anyor
case
possessors
belief
that
the
person
from
whom
anniversary
of
his
father
O.
son
P
filed
a
suit
to
knowledge
of
X
and
Y,
forged
a
deed
of
sale
of
sons S and P.
that the
notice
lis pendens is
the
action
hasof prescribed
or not
is necessary
barred by
he
received
theland
thingin
was
the
owner
of the
annul
the mortgage
deed
andof
subsequent
sale
the
aforesaid
favor
himself,
got
a
A.
Define
or explain
the
term
laches.
P
.D.
No. Winda
1529)
to
protect
the
right
of the
party
causedtitle
it
laches.
rejoins
that
herwho
Torrens
same
and
convey
histhe
title.
In
the
case
of the
property,
etc.,
ground
of
fraud.
TCT
in
hiscould
name,
and on
then
sold
the
land
to[at
B,
B.
Decide
the
case,
stating
your
reasons
for
(2%)
to
be
registered.
(Section
77,
covering
the
property
is
indefeasible,
and
bar],
in
question,
while
Carlos
bought
the
He asserted
the property
in A's
question
was
who
bought that
the land
relying on
title, and
your
decision.
In this
case, it (3%)
is given that Rachelle is the
imprescriptible.
subject
property
from
Bart
while
notice
of the
lis
conjugal
in nature
actually
belonging,
at
who
thereafter
also
got
a TCT
ina his
name.
It
SUGGESTED ANSWER:
legitimate
owner of the land in question. It can
pendens
was
still
annotated
thereon,
there
was
time
of
the
mortgage,
to
O
and
his
wife,
W,
was only then that the spouses X and Y
A.
LACHES
meansthat
failure
neglect,
be said,
therefore,
whenor
she
filed herfor an
SUGGESTED
ANSWER:
(a) Isan
the
suit
filed
by
P
barred
by titled
also
existing
court
order
canceling
the(S
whose
conjugal
share
went
to
their
sons
and
learned
that
their
land
had
been
in
B's
unreasonable
and
unexplained
length
The
action Explain
of X cannot
and
Ybeagainst
B as
for
notice of lis pendens her purpose was toof time,
prescription?
your answer.
same.
Carlos
considered
P)
andHence,
to
O. said
name.
May
spouses
file
an
action
for
to
do what,
by exercising
due and
diligence,
could
reconveyance
ofa flaw
the of
land
will
notfinal
prosper
protect
her interest
in the land
not just
to
(b) After
the issuance
the sheriff's
being
aware
ofof
which
invalidates
[their]
reconveyance
the
land
in
question
against
or
should
have
been
done
earlier.
It is
because
B
has
acquired
a
clean
title
to
the
molest
Rommel.
It
is
necessary
to
record
the
deed
of
sale
in
1966
in
this
case,
assuming
the
acquisition
the thing since the alleged
b?
Reason.
(5%)of an
negligence
to assert
right within
property
being
innocent was
purchaser
for
Lis pendensor
toomission
protect her
interesta because
if
that M
for
registration
under
the
flaw,
theapplied
notice
of lis
pendens,
already
a
reasonable
time.
(De
Vera
v.
CA,
305
SCRA
A
forged
deed
is
an
absolute
nullity
and
value.
she
did
not
do
it,
there
is
a
possibility
that
the
Torrens
System
and
was
issued
a
Torrens
Title
being
orderedhis
cancelled
at the
time
of the
B. While Article 1413 of the Spanish Civil Code
B.
To protect
right
over
thethe
subject
624
conveys
no property
title. The
fact
that
forged
deed
land[1999])
will fall into the hands of an innocent
to the
said
in
question,
would
that
purchase.
On
this
ground
alone,
Carlos
can
did not require the consent of the wife for the
property,
Pacifico
should
have timely
filed
an
was
registered
and
asignificant
certificate
of title
was
purchaser
for value and in that event, the
added
fact
have
any
effect
on
your
already
bereconveyance
considered a buyer
in good faith.
validity of the sale, an alienation by the
action
for
andoperate
reinstated
the
SUGGESTED
issued
in his
name,your
did reason.
not
to vest
court losesANSWER:
control over the land making any
conclusion?
State
(Po
Lam
v.
Court
of
Appeals,
347
SCRA
86,
husband
in fraudisofnot
the meritorious.
wife is void as
held in
noticean
ofownership
lis pendens.
(a)
The appeal
upon
over the property of X and
favorable
judgment thereon
moot andThe trial
[2000]).
Prescription
&
Laches;
Elements
of
Laches
(2000)
Uy
Coque
v.
Navas,
45
Phil.
430
(1923).
Notice
of
Lis
Pendens;
Transferee
Pendente
Lite
(2002)
court
ruled
correctly
in
granting
defendant's
Y. The registration of the forged deed will not
academic. For these reasons, the notice of lis
Assuming
that
the
in 1948
was in
In anthe
action
brought
to collect
a sum
money
Sancho
and
Pacifico
are
of a parcel
motion
dismiss
foralienation
theco-owners
following
reasons:
cure
infirmity.
However,
once
the of
title
to
pendensto
may
not be
canceled.
fraud
of
Winda
and,
therefore,
makes
the
based
on
a
surety
agreement,
the
defense
of
1.
While
there
is
the
possibility
that
F,sale
a
of
land.
Sancho
sold
property
to
Bart.
the land is registered in the name of the forger
to
Verde
void,
the
action
to
set
aside
the
sale,
laches
was
raised
as
the
claim
was
filed
more
former
lessee
of
the
land
was
aware
of
the
fact
Pacifico
sued
Sancho
and
Bart
for
annulment
and title to the land thereafter falls into the
nonetheless,
is bona
already
than seven
frompurchaser
the maturity
of
that
C sale
was and
the
fidebarredofby
of
the
reconveyance
the
hands
of anyears
innocent
for value,
the
latter acquires a clean title thereto. A buyer of
a registered land is not
voidable contract since it involves a conjugal

partnership property. The action to annul the
same instituted in 1977, or eleven years after
the execution of the sheriff's final sale, has
obviously prescribed because: 1) An action to
must
be brought
within
fourof(4)
years from
annul
a contract
on the
ground
fraud
the date of discovery of the fraud. Since
this is in essence an action to recover
ownership, it must be reckoned from the
date of execution of the contract or from
the registration of the alleged fraudulent
document with the assessor's office for the
purpose of transferring the tax declaration,
this being unregistered land, (Bael u.
2) If the action is to be treated as an action to
Intermediate Appellate Court G. R. L-74423
recover ownership of land, it would have
Jan.30, 1989 169 SCRA 617).
prescribed just the same because more than
10 years have already elapsed since the date
SECOND
ALTERNATIVE
of the execution
ofANSWER:
the sale.
(a) The action to recover has been barred by
acquisitive prescription in favor of M
considering that M has possessed the land
under a claim of ownership for ten (10) years
with a just title.
(b) If M had secured a Torrens Title to the
land, all the more S and P could not recover
because if at all their remedies would be:
1. A Petition to Review the Decree of
Registration. This can be availed of within one
(1) year from-the entry thereof, but only upon
the basis of "actual fraud." There is no
showing that M committed actual fraud in
2.
An action
personam
against
securing
his in
title
to the land;
or M for the
reconveyance of the title in their favor. Again,
this remedy is available within four years from
the date of the discovery of the fraud but not
later than ten (10) years from the date of
registration of the title in the name of M.
SUGGESTED ANSWER:
(a) Under Art. 173
of the Civil Code, the action

is barred by prescription because the wife had
only ten (10) years from the transaction and
during the marriage to file a suit for the
annulment of the mortgage deed. Alternative
Answers to (a) first Alternative Answer:
CIVILCIVIL
LAWLAW
Answers
Answers
to thetoBAR
the BAR
as Arranged
as Arranged
by Topics
by Topics
(Year(Year
1990-2006)
1990-2006)
1)
Decide
alienation.
The
on The
Register
these
contract
claims,
of Deeds
in question
giving
shall your
notify
merelythe
callsanswer
The
for right
orto
show
recover
up on
possession
the date of
ofinitial
registered
hearing,
landdoes
success of the
application.possession
It is still incumbent
upon
SUGGESTED
reclamation
of 300
land within
does
nottheprescribe
because
is just
reasons. ANSWER:
the
interested
party
inhectares
writing, ofsetting
forth the
the guarantee
not
likewise
applicant to prove with well nigh incontrovertible evidence that
At
this point
in instrument
time,
cannot
claim
right
coastal
waters
of theX city.
Perthe
se,legal
itthe
does
notof the
a
necessary
incident of ownership.
defects
of the
or
ground
he has acquired a title to the land that is fit for registration. Absent
vested
ownership
over
the
Pangasinan
parcel
by
vest, alienate
transferthe
ownership
of land
relied
upon forordenying
registration,
and such registrable title, it is the clear duty of the Land Registration
acquisitive
prescription.
Inagreeable
addition
the SUGGESTED
ANSWER:
under thethat
sea.
citynot
merely
engaged
the
Court to dismiss
the application and declare the land as public
advising
if The
he is
totosuch
b)
Mikaelo's
defense of laches, however,
requisites
common
to
ordinary
and
land.
services he
of Fil-Estate
to reclaim
the land for
ruling,
may, without
withdrawing
the
appears
to
be
more sustainable. Renren
extraordinary
acquisitive
prescription
the
city.
documents from the Registry, elevate the
Registration;
Mortgage
(1994)
consisting
of of
uninterrupted,
peaceful, public,
matter
by Deed
Consulta
to the
Administrator
of the bought the land and had the sale registered
back in 1965.
From
the facts,isitaappears
2)
Within
fiveAuthority
{5)
days
from
An application
for land
registration
How do
you actual
register
now
a deed
of receipt
mortgage
adverse
and
possession
in the
conceptofof way
Land
Registration
(LRA).
that
it
was
only
in
1998
or after
notice
of
denial,
the
party-in-interest
shall
objective
is to an
of a parcel
of land
originally
registered
under
owner,
ordinary
acquisitive
prescription
forfile
ten proceeding in rem. Its main
SUGGESTED
ANSWER:
inexplicable
delay
of
33
years
that
he
took
the
his
Consulta
with
the
Register
of
Deeds
establish
the
status
of
the
res
whether
it is still
the
Spanish
Mortgage
Law?
(10) years requires (1) possession in good faith
a)
After
the
Spanish
Mortgage
Law
was
3)
receipt
of
the means
Consulta
and
first step
asserting
his right
the land.under
It was
concerned
andtitle.
pay
the
consulta
fee.
of our
public domain
as to
presumed
and
(2)After
just
"Just
title"
that
the part
abrogated
892 oninto
February
16,
1976,
payment claimant
ofby
theP.D.
corresponding
fee the
Register
not Regalian
even an doctrine
action toorrecover
ownership
has acquired
the but
adverse
came
possession
of the the
all
lands through
covered
byannotation
Spanish
titles
that
were
of Deeds
makes an
of the
pending
only possession
of property.
the land.It is
Bytheordinary
character
of a private
duty of
property
one
of the modes
recognized
not
brought
under
Torrens
system
consulta
at the
the
backthe
of the
certificate
of within
title.
standards,
33toyears
of neglect
or inaction is
applicant
overcome
that presumption
by
law
for
acquisition
of
ownership
but the the
Remedies;
Judicial
Reconstitution
of Title (1996)
six
months
from
date
thereof
have
4) 16]The
Register
ofthe
Deeds
then
too long
and maybe
considered
unreasonable.
with
sufficient
evidence.
grantor
was
not the
owner
or
could
notelevates
transmit
been
considered
as
"unregistered
private
In
1989,
the
heirs
of
Gavino,
who died
on the
the
case
to
the
LRA
Administrator
with
Court,
any right (Art. 1129. Civil Code). In this case, As often held by the Supreme
Thus,
a records
deed of
mortgage
affectingof land
lands."
August
10,
1987,
filed
a
petition
for
certified
thereof
and
a
summary
the
there is no "just title" and no "mode" that can principle of imprescriptibility sometimes has
claim
of laches,
however, Torrens
is weak
originally
registered
under then
the conducts
Spanish Mikaelo's
5)
The
LRA
Administrator
of equitable
his
lost or principle
destroyed
factsinvoked
and
issues
to yield to the
of laches
be
by involved.
X
for the acquisition
of the reconstitution
insofar
as
the
element
of
equity
is
concerned,
Mortgage
Law
is
now
governed
by
the
system
hearings after
due notice
may
require
Title
a parcel
of land
in Ermita,
Manila. This
whichto can
convert
even
a registered
land
Pangasinan
parcel.
There or
was
nojust
constructive
being no
showingwho
in the
facts how he
of
registration
oftheir
transactions
or instruments there
parties
to
submit
memoranda.
was
opposed
by
Marilou
claimed
owner's
claim
into
a
stale
demand.
delivery
ofBook;
the Acquisitive
Pangasinan
parcelLaches
because
it
Primary
Entry
Prescription;
(1998)
affecting
unregistered
land
underAdministrator
Section
194 entered into the ownership and possession of
6)
After
hearing, the
LRA
was not the subject-matter of the deed of sale. ownership of the said land by a series of sales.
of
thean Revised
Administrative
Code
as the
issues
order prescribing
the step
to be
She land.
claimed that Gavino had sold the property
Hence,
B retainsbought
ownership
of
the a
Pangasinan
of Foreshore Lands; Limitations (2000)
In
1965,
from
Robyn
parcel
of Reclamation
amended
by
No. 3344.
Under
law, His
the
taken
orRenren
theAct
memorandum
to
bethis
made.
to Bernardo way back in 1941 and as evidence
parcel
of
land.
Republic
Act 1899 authorizes municipalities
registered
land
evidenced
by
a
duly
executed
instrument
or
transaction
affecting
resolution in consulta
shall be conclusive
and thereof, she
presented a Tax Declaration in
and
chartered
cities to reclaim foreshore lands
deed
of
sale.
The
owner
presented
the
deed
of
unregistered
is entered
in a unless
book 1948 in the name
binding upon land
all Registers
of Deeds
of Bernardo, which cancelled
bordering
them
and to construct thereon
sale
and
the
owner's
certificate
of
title
to
the
provided
for appeal
the purpose
theofregistration
reversed on
by the but
Court
Appeals or the previous Tax Declaration
in the name of
b)
By
recording
and
registering
with
the
adequate
docking
and harbor facilities.
Register
of
Deeds.
The
entry
was
made
in
the
thereof
is purely Court.
voluntary
and 117,
does Pnot
by the Supreme
(Section
.D. Gavino. Then she presented
two deeds of sale
Register
of
Deeds
of the
place
where
the
land
thereto, the City of Cavite entered
daybook
and
corresponding
fees
were
paid
1529). The
procedure
of persons
consulta
is
a mode
ofas
adversely
affect
third
who
have
a Pursuant
duly registered with the Register of Deeds, the
is
located,
in official
accordance
withHowever,
Act
3344.
an agreement with the Fil-Estate Realty
evidenced
receipt.
notheinto
appeal
fromby
denial
by the
Register
of
Deeds
of
better
right.
first one executed by Bernardo in 1954 selling
However,
P.D.
892
required
holders
Spanish
authorizing the latter to reclaim 300
transfer
of
certificate
of title
issued
to Company,
registration
of
the instrument
to was
theof
Commissioner
the same property to Carlos, and the second
title
to because
bring the
under
the Torrens
of land from the sea bordering the
Renren
the same
original
certificate
of title hectares
of Land
Registration.
one executed by Carlos in 1963, selling the
Remedies;
Judicial
Confirmation;
Imperfect
Title misplaced
(1993) on
System
within
6
months
from
its effectivity
city, with 30% of the land to be reclaimed to be
in
name
was from
temporarily
Robyn's
Within
five
days
receipt
of the notice
of
same property
to her. She also claimed that
On
June
30,
1986,
A
filed
in
the
RTC
of
Abra
an
February
16,
1976.
owned by ANSWER:
Fil-Estate as compensation for its
after
partly gutted
Office the
of the
denial,fire
the interested
party the
may elevate
matterSUGGESTED
she
and her
predecessors
in interest
haveto
been
If
I
were
the
judge,
I will
give
due
course
application
for
registration
of
title
to
a
parcel
The Solicitor
General
questioned
the
Register
of to
Deeds.
Meanwhile, of
the
land had services.
by consulta
the Commissioner
Land
in possession
of
the
property
sincedespite
1948. Ifthe
you
P
.
D.
No.
1529,
claiming
that
since
June
12,
the
petition
of
the
heirs
of
Gavino
of
land
under
validity
of
the
agreement
on
the
ground
that
it
been
possessed
by
Robyn's
distant
cousin,
Registration who shall enter an order prescribing were the judge, how will you decide the
1945,
heopenly,
has adversely
been in and
open,
continuous,
of Marilou land
for the
following
will mean reclaiming
under
the sea which
Mikaelo,
continuously
in opposition
the step to
be taken
or memorandum
to be made.
petition? a)
Explain.
exclusive
and
notorious
possession
Judicial
reconstitution
of a The City
is
beyondANSWER:
the commerce
of man.
the
conceptin
ofconsulta
owner
since
It wasupon
onlyand
in reasons:
Resolution
shall 1960.
be binding
all
SUGGESTED
No. 26 of
partakes
of a land
registration
occupation
of
said
parcel
of
land
of
the
public
certificate
title
under
RA.
that this
is authorized
by RA.
1899
April
1998
that provided
Renren that
suedthe
Mikaelo
Registers
of
Deeds
party in to replies
Theproceeding
Solicitor
General
is correct.
The
authority
SUGGESTED
ANSWER:
and is perforce
a proceeding
in
domain
which
was alienable
andinvoked
disposable,
because
it
authorizes
the
construction
of
docks
recover
possession.
Mikaelo
a)
interest
may
appeal
to
the
Court
of
Appeals
within
Prescription;
Real
Rights
(1992)
a)
Renren's
action
to
recover
possession
of
of
the
City
of
Cavite
under
RA
1899
to
reclaim
rem.
It
denotes
restoration
of
an
existing
under
a bona
fide claim
of b)
ownership.
After and harbors. Who is correct? (3%)
acquisitive
prescription
and
laches,
asking
the period
prescribed
(Sec.
117,
P
.D.buying
1529).
owned
a parcel
of unregistered
land will
prosper.
In
1965,
after
the
land
is limited
to foreshore
lands.
The
Act did
instrument
which
has been
lostland
or located
issuance
of
the
notice
of
initial
hearing
and A
that
he
be
declared
owner
of
the
land.
Decide
on
the
Tarlac
side
of
the
boundary
between
land
from
Robyn,
he
submitted
the
Deed
of
not
authorize
it
to
reclaim
land
from
the
sea.
destroyed
in
its
original
form
and
publication,
as required
bydefenses,
law, the
petition
Remedies;
Reconveyance
vs. Reopening
of a[5%]
Decree;
the
case
by
evaluating
Tarlac
and Pangasinan.
His
brother
Bthe
owned
Sale
to the
Registry
ofthese
Deeds
forthe
registration
"The
reclamation
being
unauthorized,
City
condition.
The
purpose
of
reconstitution
of
was
heard
on
July
29,
1987.
On
day
of
the
Prescriptive Period (2003)
theCavite
adjoining
parcel
of unregistered
land
on
together
with thebut
owner's
duplicateappeared.
copy of
of
did
not
acquire
ownership
over
the
title
or
any
document
is
to
have
the
same
hearing
nobody
the
applicant
Louie, before leaving the country to train as a
the
Pangasinan
side.
b)
If
the
Court
goes
beyond
that
purpose,
the
title,
and
paid
the
corresponding
reclaimed
land.
Not
being
the
owner,
it
could
reproduced, after proceedings. In the same
Neither
there hotel
anyone
who York,
opposed
the ALTERNATIVE
chef in awas
five-star
in New
U.S.A.,
ANSWER:
A
sold
theconveyed
Tarlac
parcel
to of
X in
athereof
deed of sale
it acts
without
or in
excess
jurisdiction.
registration
fees.
Under Section
56 of PD
No.
not
have
any portion
the
form
they
were
when
the loss
or landto
application.
Thereupon,
on
motion
of
the
entrusted to his first-degree cousin Dewey an
It
depends.
If
the
reclamation
of
the
from
executed
as
a
public
instrument
by
A and
X.
Thus,
where
the
Torrens
Title
sought
to
be
1529,
the
Deed
of
Sale
to
Renren
is
contractor.
destruction
occurred.
applicant,
issued an under
order of
applicationthe
forRTC
registration,
thegeneral
Land
the
sea
is
necessary
in
the
construction
of
the
After
X
paid
in
full
the,
price
of
the
sale,
reconstituted is in the name of Gavino, the X
considered
registered
from
the time
the sale
default
and
allowed
applicant
to present
his
Registration
Act,
of the
a and
parcel
of land
located
inis docks
and the
harbors,
the City
of parcel
Cavite
is
For
all
legal
intents
purposes,
Renren
took
of the
Pangasinan
court possession
cannot
receive
evidence
proving
that in
was
entered
in he
thedid.
Day
(now called
the
evidence.
That
OnBook
September
30,
1989,
Bacolod
City.
A registered
yearthat
later,
Louie
returned
to
correct.
Otherwise,
it
is
not.
Since
RA
1899
considered
the
owner
of
the
land.
the
belief
that
it
was
the
Tarlac
parcel
covered
The
appellant
urged
the
RTC
erred
in
Primary
Entry
Book).A's application for lack of Marilou is the owner of the land. Marilou's
the
dismissed
Philippines
and
that
Dewey
the
city
toland
construct
docks
AfterRTC
all, it
wasapplication
not
hisdiscovered
fault
the
Registry
by
the deed
of sale
executed
by A and
X. and
dismissing
his
forthat
registration
andof authorized
dominical
claim
to
the
should
be
sufficient
evidence.
A
appealed
to
the
Court
of
registered
the
land
and
obtained
an
Original
After
twelve
(12)
years,
a
controversy
harbors,
all
works
that
are
necessary
for arose
such
Deeds
could registration
not issue of
thehiscorresponding
in
not ordering
title to the
ventilated in a separate civil action before
the
Appeals.
Certificate
of
Title
over
the
property
in
his
between
construction
B
and
X
are
on
the
deemed
issue
of
the
authorized.
ownership
REFERENCES:
Heirs
of
Pedro
Pinate
vs.
Dulay.
transfer
of title.despite the fact that
parcel
ofcertificate
land in question
Regional Trial Court in its capacity as a court
SCRA
12-20parcel,
(1990); Bunagan
vs. CF1
Cebu
Deweys
name.
Compounding
the
Mikaelo's
defense
of prescription
can matter,
not
be
of
the 187
Pangasinan
Bof claims
a vested
Including
the reclamation
land
from
the
there
was no
opposition
filed by anybody
to his
of general
jurisdiction.
Branch
VI. 97 SCRA
72
(1980);
Republic vs.
IAC.
Dewey
sold
the
land
to
Huey,
an
innocent
sustained.
A
Torrens
title
is
imprescriptible.
right
sea.
The
of
ownership
reclamation
over
being
the
Pangasinan
authorized,
parcel
the
application.
Did pursued
the RTC commit
the
(a)
Is
thetoaction
byinLouie
theerror
proper
62,66
(1988); Margolles vs. CA, 230
ANOTHER157
ALTERNATIVE
ANSWER:
purchaser
forit?value.
Louie
promptly
filed
an
No
SUGGESTED
title
ANSWER:
registered
land
derogation
of the
because
BSCRA
never
sold
parcel148
to SCRA
X and
or to
city
is the
owner
of
thethat
reclaimed
land
it
attributed
to
SCRA
709; Republic us,
Feliciano,
On
the
assumption
that
the reclamation
(b)
Assuming
that
reconveyance
is
the
proper
remedy?
No,
the
RTC
did
not
commit
the
error
attributed
to
it.
In
an
action
of the
parcel
of land
title
of for
the reconveyance
registered owner
shall
be acquired
anyone
may
convey
else.
a
portion
thereof
as
payment
for
Remedies;
Procedure;
Consulta
(1994)
924.
contract
was entered
before
RA 1899
was
application
for
Judicial
of imperfect
incomplete
title
remedy,
will
theconfirmation
action prosper
if or
the
case was
On
X into
claims
a vested
right
P
.D. No,
against
Huey.
by
prescription
orSection
adverse
possession.
the the
services
ofhand,
the contractor.
What
is other
the
procedure
ofthe
consulta
when
an ofis
to
public
agricultural
landyear,
under
48 of theten
Public
Land Act,
repealed
by
PD
3-A,
City
of
Cavite
filed
beyond
one
but
within
years,
ownership
over
the Pangasinan parcel by
1529)
(Section
47,
the
lack of opposition
and the consequent order of default against
instrument
is
denied
correct.
Lands
underregistration?
thebecause
sea are X"beyond
the
from
the entry of
the decree of registration?
acquisitive
prescription,
possessed
those who did not
SUGGESTED ANSWER:
commerce
of
man"
in
the
sense
that
they
are
5%
this parcel for over ten (10] years under claim
not
susceptible of private appropriation,
of ownership.
ownership or

Yes. The property
purchaser
{Rublicoregistered
vs. Orellana
is deemed
30 SCRAto
511;
be Ubudan
held
(a)
This
inAn
action
action
does
forCode
reconveyance
not prescribe.
against
Withprohibits
respect
Huey to
is
Administrative
of 1987 which
officers
vs. SCRA
Gil
for
the real
owner by the person in whose
action
forproper
reconveyance,
itfrom
would
haveHuey
prescribed,
employees
of
the government
purchasing
directlyisoran
indirectly
trust
not
Percival's
the
remedy,
because
and
45
17).
OPTIONAL
EXTENDED
ANSWER:
having
been
filed
more
than
tenfor
(10)
years
after
name
it is
registered.
The Torrens system was
any property
sold
by the
government
nonpayment
of any tax,
innocent
purchaser
for value.
The
proper
Petition
for
review
of the
of committed
registration
issuance
of go
an O.C.T.
the name
fee or other public
charge.
not designed to shield
oneDecree
who had
recourse
isand
for
Louie to
after in
Dewey
for of
Registration.
A remedy expressly
provided
in
(a) Is the
sale
to for
Juan
If infirmity
so, whatofisthe
the
Melvin,
were
itreason
not
the
inherent
fraud
or misrepresentation
and thus
holds the
damages
by
of valid?
the
fraudulent
Section
32
of
P
.
D.
No.
1529
(formerly
Section
latter's
title.
Under
the
facts,
the
statute
of
limitations
effect
of
the
Issuance
of
the
Certificate
of
Title
title in bad faith. (Walstrom v. Mapa Jr., (G .R
registration and subsequent sale of the land.
If
38. Act 29
496),
remedy
has in
the
followingD.,
(b)
If
the
sale
is
void,
may
Juan
recover
the
will
not
apply
to
Percival
because
Melvin
knew
that
to
Maria?
38387,
Jan.this
1990)
as cited
Martinez,
Dewey is insolvent, Louie may file a claim a
elements: of
a) SC
TheDecisions,
petition must
be filed
by a
Eduarte
v.land
CA,
323
462,
467
part
of the
byFund
his
title
actually
P10,000.00?
Ifcovered
not,Phil.
why
not?
Summary
January
to June,
against
the
Assurance
(Heirs
of belonged
Pedro to
dominical
or other
real rights
to (1997)
the land
Remedies;
Reconveyance;
Prescriptive
Period
person
claiming
[1996]).
(c) If the
sale
is void,
did
it not
nevertheless,
Percival.
instead
of324
nullifying
in591
toto
the titleciting
of
1990, p. 359],
Lopez
v.So,
De
Castro
SCRA
[2000]
registered
in the
name
of respondent.
(b)
Yes,the
the
remedy
prosper
because
On 10
September
1965,
Melvin
applied for a
Melvin,
operate
tocourt,
divert
in Maria
thewill
exercise
of
her
of ownership?
equity
and the
If it
Sps.
b)
The registration
theland
the Lot
name
action
prescribes
inprayer
ten (10)
years,
not within
free patent
covering twooflots
Lot Ainand
B
jurisdiction,
may is
grant
for
of
did,
who
then
the
owner
ofthe
thereconveyance
property?
of
respondent
was procured
byUpon
means of
oneB(1)
year when
a petition
the reopening
- situated
in Santiago,
Isabela.
Lot
to Percival
who has
actually for
possessed
the land
actual,
(not just
constructive)
fraud,
whichthat
of thearegistration
decree
may
be After
filed.all,
The
certification
by the
Public Land
Inspector
under
claim of ownership
since
1947.
if
must
be
extrinsic.
Fraud
is
actual
if
action for
from
the is
Melvin had been in actual, continuous,the
open,
Melvin's
titlereconveyance
is declared voidis
abdistinct
initio and
the land
registration
was made
through
deceit
or anyof
petitionto
tothe
reopen
decree
of registration
notorious, exclusive
and
adverse
possession
reverted
public the
domain,
Percival
would just the
other
intentional
actthe
of downright
to same
(GreybeAlba
v. De
la Cruz, 17
Phil.
49 [1910}).
the lots
since 1925,
Director ofdishonesty
Land
entitled
to preference
right
to acquire
the land
enrich
oneself
at the
expense of
There
no need toBesides,
reopenwell
thesettled
registration
approved
Melvin's
application
onanother.
04 JuneIt is
from
theisgovernment.
is the rule
extrinsic
it is something
that was not
that
once publicbut
landthe
has property
been in open,
continuous,
proceedings,
should
just be
1967. On when
26 December
1967, Original
c)
The
petition
must
be
filed
within
one
The
action
is based
implied
On
7 September
1971,
Percival
filed
awas
protest
raised,
litigated
and
passed
in the
main
exclusive
andfor
notorious
possession
under aon
bonafide
reconveyed
toreconveyance
the real
owner.
Certificate
of
Title
(OCT)
No.upon
P-2277
(1)
year
from
the
date
of
the
issuance
of
the
or
constructive
trust,
which
prescribes
in
alleging
that
Lot
B
which
he
had
been
proceedings.
claim of acquisition of ownership for the periodten (10)
issued in the name of Melvln.
d)
Titleand
to the
land hassince
not passed
to an
decree.
years frombythe
date 48
of of
issuance
of the
occupying
cultivating
1947 was
prescribed
Section
the Public
Landoriginal
Act, the
Innocent
purchaser
value
(Libudan
vs.name
Gil,
certificate
of title.
rule
assumes
that the
included in
the Freefor
Patent
issued
in the
same
ipso jure
ceasesThis
to be
public
and in contemplation
45_
SCRA 27,
Rublico
vs. Orrelana.
30
defendant
is inthe
possession
the land.
Where
of Melvin.
The1972),
Director
of Lands
ordered the
of
law acquired
character of
of private
land.
Thus, it is
the
plaintiff
who
is
in
possession
of
the
land,
the
SCRA
511,
1969);
RP
vs.
CA,
57
G.
R
No.
investigation of Percival's protest. The Special
reconveyance of the land from Melvin to Percival would
ALTERNATIVE
ANSWER:
action
for
reconveyance
would
be
in
the
nature
of
40402.
March
16,
1987).
Investigator who conducted the investigation
be the better procedure, (Vitale vs. Anore, 90 Phil. 855;
Torrens
System
vs.
Recording
of
Evidence
of
Title
(1994)
The
action
of
the
Solicitor
General
should
a
suit
for
quieting
for
the
title
which
action
is
v.
Malay,
318
SCRA
711
found that Percival had been in actual
Pena, Land Titles and Deeds, 1982, Page 427)
Distinguish
the
Torrens
system
of land
prosper,
considering
[1999]).
On
28 November
1986,
Solicitor
General
imprescriptible
(Davidthat the doctrine of
cultivation
of
Lot
B
sincethe
1947.
Remedies; Reconveyance;
(1995)
registration
from
theRepublic
system ofofrecording
of
indefeasibility
of titleElements
does not
apply to free
filed in behalf
of the
the
SUGGESTED
ANSWER:
Rommel
was
issued
a
certificate
of title overofa
evidence
of
title.
patent
secured
through
fraud.
A
certificate
Philippines a complaint for cancellation of the
a)
The
TORRENS
SYSTEM
OF LAND
parcel
of land
Quezon
City. to
One
year later
title
cannot
bein
used
as shield
perpetuate
free
patent
and the
OCT issued
in the name of
REGISTRATION
is a system
for the
Rachelle,
legitimate
ownerbyofthe
theperiod
land, of
fraud.
Thethe
State
is not bound
Melvin and the reversion
of the
landregistration
to public
of
title to
Thus,
under and
this system what prescription
discovered the
fraudulent
obtained
stated
in Sec. registration
38 of Act 496.
domain
onthe
theland.
ground
of fraud
is
entered in the Registry
of Deeds,
is a patent.
record of (Director
by Rommel.
She filed
complaint
against
of Lands
vs. a
Abanilla,
124
SCRA 358)
misrepresentation
in obtaining
the free
The
actionfor
forreconveyance
reconveyance filed
Percival
the
owner's
or interest
in the
land,
unlike
Rommel
and by
caused
themay
On the
sameestate
date, Percival
sued
Martin
for
the
still
prosper
provided
that
the
property
has
the
system
under
the
Spanish
Mortgage
Law
or
Melvin
filed
his
answers
interposing
the
sole
annotation of a notice of lis pendens on not
the
reconveyance of Lot B.
passed
to anof
innocent
third to
party
for value
(Dablo
the
system
under
Section
the Revised
defense
in both
cases
that194
the of
Certificate
of
certificate
title issued
Rommel.
Rommel
us. Court of Appeals. 226 SCRA 618), and provided
Administrative
Code
as amended
Title issued in his
name
became by Act 3344
now invokes the indefeasibility of his title
the action is filed within the prescriptive period
where
only the evidence
of such title
is the
recorded. that
incontrovertible
and indefeasible
upon
considering
that one year has already elapsed
of
ten
years (Tale vs. Court of Appeals. 208 SCRA
In
theof
latter
what
recorded
the
deed from its
lapse
one system,
year from
the is
issuance
of is
the
free
issuance. He also seeks the
SUGGESTED
266).
Since ANSWER:
the action was filed by Percival 19 years
Given
the circumstances,
action
of the
of
conveyance
from hencecan
the the
owner's
title
patent.
cancellation
of the notice
of Lis pendens.
Will
Yes, Rachelle's
will prosper
all
after
the issuancesuit
of Melvin's
title, itbecause
is submitted
Solicitor Generalnot
and
the
case
for
emanatedand
the
title
itself.
Rachelle's
suit
for
reconveyance
prosper?
b)
Torrens system
registration
elements
for is
analready
actionbarred
for reconveyance
are
that
the same
by prescription.
reconveyance
filedof
byland
Percival
possiblyis that
Explain.
which
is
prescribed
in
Act
496
(now
PD
1529),
present,
namely:
a)
Rachelle
is
claiming
ALTERNATIVE
ANSWER
(to
second
part
of
question)
The
SUGGESTED
ANSWER:
prosper?
land. b)
procured
hisPercival
title towill
the land
which
is either
Judicial in
or the
quasi-judicial.
"If
fraud
be discovered
application which action
dominical
forRommel
reconveyance
rights over
the
filedsame
by
by fraud.
c) Thethe
action
brought
within
the
prosper,
because
land was
has ceased
to be
public
led
System
to the
orissuance
recording
ofof
the
evidence
patent and
of title
Certificate
is
statutory
period
of private land by open,
land
and has
become
merely
of evidence
of
Title,the
thisregistration
Title becomes
ipso factoofnull and
four (4)public,
years exclusive
from discovery
of the
fraud
continuous,
possession
under
a and not
void.
acquisitions
Thus, inofaland
casewith
where
thea Register
person who
of
than
ten
(10}
years
from
the
date
of
registration
later
bona
fide
claim
of
ownership
for
more
than
thirty
Deeds, who
annotates
same onmade
the existing
obtained
a free
patent,the
knowingly
a false
Rommel's
title. d)isTitle
to possession
the land has
not
of and Percival
years,
still in
of the
statement
title, cancels
of material
the old one
andand
essential
issues facts
a newintitle
his
Unregistered
Land
(1991)
passed
into
the
hands
of
an
property
at
present.
His
action
for
reconveyance
can
based
on
the
document
presented
for
application for the same, by stating therein
innocent
value.
Maria
Enriquez
to pay the realty
unregistered
(Olviga
v. CA.purchaser
GR
October
be considered
as
an1048013.
actionfor
to quiet
title,21,
which does
that
registration.
the lot failed
in question
was taxes
parton
ofher
the
public
agriculturalnot
land occupied
located in Magdugo,
Toledo City.
In 1989,
to
1993)
not prescribe if the plaintiff is in possession of the
domain
or claimed
by any
other
Remedies;
of athe
Decree;
Elements (1992)of his
Rommel Reopening
can invoke
indefeasibility
satisfy
the
taxes
due,
the
City
sold
it
at
public
auction
to
Juan
property.
person, his title becomes ipso facto canceled
What
are
the essential
requisites
orto
elements
title
if
Rachelle
had
filed
a
petition
reopen or
Miranda,
an
employee
at
the
Treasurer's
Office
of
said
City,
and consequently rendered null and void." "It
for
the the
allowance
of
the
reopeningBut
or review
of
review
decree
of
registration.
Rachelle
whose
bid
at
P10,000.00
was
the
highest.
In
due
time,
a
final
bill
is to the public interest that one who succeeds
a
decreefiled
of registration?
instead
an
ordinary
action
in
personam
for
of
sale
was
executed
in
his
favor.
Maria
refused
to
turn-over
the
In fraudulently acquiring title to public land
SUGGESTED
ANSWER:
reconveyance.
In the latter action,
possessionnot
of the
to Juan
alleging that
(1) she had been,
should
beproperty
allowed
to benefit
therefrom
and
The
essential
elements
are: defense
(1) that the
indefeasibility
is
not a valid
because, in
in
the
meantime,
granted
a
free
patent
and
on
the
basis
thereof
an
the State, through the Solicitor General, may
petitioner
has
a
real
or
dominical
right; (2)to
filing
such
action,
Rachelle
is
not
seeking
Original
Certificate
of
Title
was
issued
to
her,
and
(2)
the
sale
in
file
theus.
corresponding
action for annulment
of 3- that he has been deprived thereof through
Lands
Hon.
Pedro
Samsonin Animas,
L-37682,
favor patent
of Juan is
void from
the
beginning
view
ofland
the provision
in
nullify nor to impugn the indefeasibility of
the
and
the
reversion
of
the
fraud;
(3) that
filed within
oneto
29-74.)
the
Rommel's
title.the
Shepetition
is only is
asking
the court
SUGGESTED
involved
toANSWER:
the public domain" (Dinero us.
ALTERNATIVE
ANSWER:
(1)
year
from
the
issuance
of
the
decree;
and
compel Rommel to reconvey the title to her
as
Director of Lands; Kayaban vs. Republic L(4)
that
the
property
has
not
yet
been
the
legitimate
owner
of
the
land.
33307,8-20-73; Director of
transferred to an innocent
not depend
then
constitutes
Salvador
executed
consigned
an
solely
an
undue
affidavit
on
the
interference
theP will
of
100,000.00
desistance
of the
with
debtor
inwhich
the
court,
but
right
led
also
any
property
condition
and
of
to payment
of
ofZY,
Eva
at his
all.
passing
wife
Printado
may
the also
has
1998also
sue
Barto
aExaminations.
standing
recover it
My publisher
answer
will
not
beprinting
the
same
asvolumes
toand
damages.
withdrawal
to
action
other
enter
factors
forinto
rescission
ofoutside
contracts
the information
of
the
the
and
debtors
deed
the impairment
of
against
conditional
Lolita
of
with
Article
2016
Publico
of the
for the
Civil
Code
of 10,000
if she
of
the
school
the
Roland
filed
on
an
contract
under
Marvinneeded
will
bewas
liable
for
damages
for breach
textbooks.
Suplico
aware
of said
printing
contract.
After of
andfreedom
his
sale,
control.
her
plus
release
damages.
to play
from
and
Will
jail.
enjoy
The
the basketball.
action
parentsprosper?
failed to family
the
money
for
support.
SUGGESTED
ANSWER:
ANSWER
(2):With
contract
option.
of itsthe
printing
1,000ofvolumes,
Printado
alsothe
fails topayment
perform under
comply with
Explain.
their promissory note and the ALTERNATIVE
No,
(d)
The
the
obligation
action
will
is
not
valid.
prosper.
The
death
The
of
action
the
son
for
A.
(2).
Mrs.
ZY
cannot
file
a Printado
suitand
to
recover
Can
Roland
be
bound
by
the
contract
he
consideration
for
the
given,
the
Suplico
sues
forwith
the value
finance company sued them for specific printing contract with Publico. option
rescission
of
cancer
within
may
one
be
year
brought
is
made
only
a
negative
by
the
what
her
husband
lost.
Art
2014
of
the
Civil
SUGGESTED
ANSWER:
entered
into
with
Lady
Love
or
can
he
consent
of
the
parties
and
the
object
of
contract
of
the
unpaid
deliveries
under
their
order
agreement.
At
the
same
performance. Will the action prosper or not?
The
willsame?
prosper.
The
promissory
note
aggrieved
suspensive
party
condition
to the
to
contract.
making
Since
the
was (San
Code
provides
in aofG.R.
game
of
being
present,
athat
perfected
contract
of
option
disregard
Is his
he
liable
at
all? itHow
time
Publico
sues Printado
for any
damages
for breach
contract
Miguel,
Inc.
v. loser
Huang,
No.
(3%) actionthe
executed
by
Lolita's
parents
is
valid
and
SUGGESTED
ANSWER:
Salvador
payment.
The
who
obligation
failed
is
to demandable
comply
if the
his 137290,
chance
may
hisagreement.
loss
from
winner,
wasrespect
created.
about Sweet
Taste?
Is it liable
to Lady with
Love?
with
toJuly
theirrecover
own
InArticle
thethe
suit filed
by of
31,printing
2000)
Under
1170
Roland
bound
by the
contract
heaggrieved
entered
binding,
the
consideration
being
the
conditional
son
doesisnot
obligation,
die within
he
one
isyear
not (Article
the
1185,
with
legal
interest
from
the
time
he
paid the
Suplico,
Printado
counters
that:
(a) Suplico
cannot
demand
the
Civil
Code,
those
who
in the
performance
of
into
with
Love
and
he
disregard
extinguishment
of Lolita's
civilcannot
liability
and not
party
NCC).
whoLady
may file
the
action
for
rescission
but their
amount
lost.
This
means
that
only
he
can
payment obligation
for deliveries made
their order
until file
areunder
guilty
of agreement
contravention
ALTERNATIVE
ANSWER:
Conditional
Obligations;
Promisethe
(1997)
same,
under
principles The
of thereof,
stifling
of Semiconductor
the
criminal
prosecution.
the
Star
Company.
the
suit.
Mrs.
ZY
cannot
recover
as a spouse
Suplico
has as
completed
performance
under
said
contract;
(b) not
in this
case, when
Marvin
did
The
action
will
not
prosper
because
the
In
two separate
signed
byrescind
him,
SUGGESTED
ANSWER:
obligatoriness
ofdocuments
contracts.
Obligations
arising
company,
however,
is not
opting
to
the give
who
has
interest
in
the
absolute
community
Suplico
should
pay
damages
for
breach
of
contract;
and
(c)
withare
Carlos
the
agreed
period
of
ten
days,
consideration
for
the
promissory
was
SUGGESTED
ANSWER:
Theshould
saleor
ofliable
the
land
topartnership
Juan
is of
not
valid,
Juan
Valentino
"obligated"
himself
each
to the A.
ALTERNATIVE
ANSWER:
from
contracts
have
the
force
of note
law
between
contract
but
has
chosen
to waive
Salvador's
property
conjugal
of gains,
Publico
be
for
Printados
breach
his
contract
with
liable
for
damages.
Yes,
Roland
isPerla,
liable
under
contract
as far
non-prosecution
ALTERNATIVE
ANSWER:
of
the
criminal
case
for
estafa.
answer
willto
not
beTherefore,
the same
Carlos
paid
being
contrary
law.
no
transfer
Maria
and to
thus
- 'Tothe
Maria,
my
the
parties.
compliance
with
the
condition
which
it true
can do My
because
under
Art.
117(7}
of theif
Family
Code,
Publico
because
the
order
agreement
between
Suplico
and
The
action
for
rescission
will
not
prosper.
The
as
Lovebe
is done
concerned.
He my
is liable
for
ThisLady
because
the
Marvin
P10,000.00
an
option
contract
of
ownership
ofbenefit
the because
land
wasAre
effected
from
love,
Icannot
obligate
myself
give you
one and
under
Art.
1545,
NCC. toanymore
losses
are
borne
exclusively
by
the
loserPrintado
was
for the
of
Publico.
the
contentions
ofthe
buyer
hasunder
not
committed
any
breach,
letPerla,
alone
damages
Article
1170
thein-'To
Civil
Code
information
has
already
been
filed
court
and was
perfected.
Thus,
if
Marvin
withdrew
the
delinquent
taxpayer
to
him.
The
original
only
horse
when
I feel like
It."of
- and
spouse.
Therefore,
these
cannot
charged
Printado
tenable?
Explain your
answers
as to eachbe
contention.
a
or That
serious
to
warrant
since
contravened
the myself
tenor
his
to substantial
do
it he
is
illegal.
the one,
consideration
for the
offer
prior
to
the
expiration
of
the
10-day
certificates
of
title
obtained
by
Maria
thru
a
my
true
sweetheart,
I obligate
to of
pay
against absolute community property or
rescission/resolution
sought
by of
the
vendor.
On (5%)
obligation.
Not Iis
being
a when
contracting
party,
promissory
note
the
stifling
the
criminal
period,
he
breached
the
option
contract.
free
patent
grant
fromof
the
Bureau
of Lands
you
the P500.00
owe
you
I feel
like
it."
conjugal
partnership
gains.
This
being
so,
the
contrary,
is bound
the
who
appears
to
Conditional
Obligations
(2000)
Sweet
Taste
isitnot
by the
contract
it
prosecution
evident
from
the
execution
SUGGESTED
ANSWER:
(Article
1324,
Civil
Code)
under
Chapter
VII,
CA
141
is
valid
but
in view
Months
passed
but
Juanvendor
never
bothered
tobutby
Mrs. ZY has no interest in law to prosecute
have
failed
to
comply
with
the
condition
No,
thedelinquency,
contentions
of Printado
are
untenable.
Pedro
promised
to
give
his title
grandson
a car
if
can
heldhis
liable
underMaria
Art.
1314.
The
basis
the be
finance
company
of
the
affidavit
of c)
Supposing
that
Carlos
accepted
of
her
the
said
is subject
tothe
make
good
promises.
and
Perla
and
recover as she
has
no legal
standing
in
imposed
by
the
contract
the
fulfillment
of
Printado
having
failed
to
pay
for
the
printing
the
latter
will
pass
the
bar
examinations.
of
its
liability
is
not
prescribed
by
contract
but
desistance
immediately
after
the
execution
by
offer
before
Marvin
could
communicate
his
the right
of so.
the City Government to sell the
came to consult you on whether or not they
court
to do
which
would
have
rendered
the
obligation
to withdrawal
paper
by the delivery
invoices
When
his thereof?
grandson
passed
theon
said
is
founded
on
quasi-delict,
assuming
Lolita's
parents
of
the
promissory
note. that
The
the
land atcovered
public
auction.
TheDiscuss
issuance
of
thelegal
could
recover
on the
basis
of the
foregoing
SUGGESTED
ANSWER:
SUGGESTED
ANSWER:
pay
the
balance
of
the
purchase
price
time,
Suplico
has
the
right
to
cease
making
examinations,
Pedro
refused
to
give
the
car
on
Sweet
Taste
knew
of
the
contract.
Article
1314
consideration
being
illegal,
the
promissory
consequences.
(2%)
OCT
did
not
exempt
the
land
from
the
tax
settings.
What Maria
would
your
legal
advice
be?
Contract
ofCivil
Option;
Elements
(2005)
contract
tothat
construct
the
house
of a
Carlos
is
Iof
would
not
to
bother
running
demandable.
Further,
far
from
being
unable
to A
further
delivery.
And
the
latter
did
not
violate
the
ground
the
condition
was
purely
the
Code
that
any
third
note
is advise
invalid
and provides
may
not
be
enforced
by
sales.
Section
44
of
P
.O.
No.
1529
provides
ALTERNATIVE
ANSWER:
Marvin
offered
to
construct
the
house
of
perfected.
Contracts
are
perfected
by
mere
after
Juan
for
the
latter
to
make
good
his
SUGGESTED
ANSWER:
comply
with
is incumbent
uponviolate
it, ie., pay
order
agreement
Packaging
potestative
one. Is he(Integrated
correctreceiving
or not?
(2%)
person
who what
induces
another
his the
court
that
every
registered
owner
a
It
is action.
assumed
that
Lady
Lovetoknew
ofanthe
No,
he
is
not
correct.
First
of he
all,(333
theofnot
condition
Carlos
for
very
of
consent
manifested
by
the
meeting
thea offer
promise.
[This
because
afor
promise
isprice
not
B. Juan
may
recover
because
was
the
balance
ofais
the
pricereasonable
the
buyer
has
offered
Corporation
v.
Court
of
Appeals,
SCRA
contract
shall
be
liable
damages
to
the
Certificate
of
Title
shall
hold
the
same
free not
contract. Neither
Roland
nor
Sweet
Taste and
is
not
purely
potestative,
because
it
does
Suplico
cannot
be
held
liable
for
damages,
for
P900,000.00,
giving
the
latter
10
days
within
the
acceptance
upon
the
thing
and the
actionable
wrong
that
allows
a
party
to
party
to
the
violation
of
the
law.
170,
G.R.
No.
115117,
June
8,
[2000]).
to
pay
it
even
without
the
vendor
having
other
contracting
party.
from
an
encumbrances,
subject
to
certain
would
be
liable, or
because
thehas
restriction
the cause
breach
contract,
astoit
was
he who
violated
dependof
on
theare
sole
will
ofnot
one
ofthe
the
parties.
which
to
accept
rejectsuspensive
the
offer.
theinfifth
which
constitute
contract.
recover
especially
she
notOn
suffered
complied
with when
the
condition
exemptions.
contract
is
violative
of such
Article
1306
as
being (Gomez
the
order
agreement,
but
Printado.
Suplico
cannot
Secondly,
even
if
it
were,
it
would
be
valid
day,
before
Carlos
could
make
up
his
mind,
C.
No,
the
v.
sale
Court
did
not
of
divest
Appeals,
Maria
of
G.R.
her
title
No.
damages
resulting
from
promise.
A
attached to the payment of the price, thus
contrary
to
law
morals,
good
customs,
public
Under
Article
ofon
the
Civil
Carlos
be
held liable
for1315
Printados
breach
ofCode,
contract
with
a)
What
is
the
effect
of
the
withdrawal
of
because
it
depends
the
sole
will
of
the
Marvin
withdrew
his
offer.
precisely
because
the
sale
is
void.
It
is
as
good
promise
does
not
create
an
obligation
on
the
120747,
September
21,
2000)
waiving such condition as well as the 60-day
orderoforJuan
public
policy.
and
Marvin
bound
tonot
fulfill
what
has
been
Publico.
He
isare
not
atook
party
to
the
agreement
entered
Marvin's
offer?
(2%)
creditor
(the
donee)
and
of
the
debtor
(the
as
if
no
sale
ever
place.
In
tax
sales,
the
part
because
it
is
not
something
which
term
its favor
stipulation
that the Conditional Obligations (2003)
Nature ofinContracts;
PrivityThe
of Contract
(1996)
SUGGESTED
expressly
stipulated
all
consequences
into
by and
between
Printado
and
Publico.
Theirs is
donor).
owner
is divested
of
hisand
land
initially
upon
arises
fromANSWER:
a down
contract,
law, quasi-contracts
or
P100,000.00
payment
shall
be
returned
The
Baldomero
withdrawal
leased
of Marvin's
his houseoffer
withwill
a telephone
cause
the not
Are
the
following
obligations
valid,
why,
and
if
a
stipulation
pour
atrui.
[Aforesaid]
Such
thereof.
Under
Article
1167,
if
Marvin
would
award
and
issuance
of
a
Certificate
of
Sale,
quasidelicts
(Art,
1157)].
Under
Art.
1182,
by
the to
vendor
to the
vendee
if the squatters
offer
cease
in
law. provided
Hence,
evenJose
if contracts
to Jose.
The
lease
contract
that
they
are
valid,
when
is
the
obligation
do
could
not
affect
third
persons
like
refuse
to
construct
house,
Carlos
finally after the lapse of the 1 year periodis
Juan's
to Maria
issix
void
because
areregards
notpromise
removed
within
months,
is abe
also
a and
subsequently
shall
pay
foraccepted,
all
electricity,
there
could
water
and
no
As
Perla,
the
document
is
an
express
Suplico
because
of
the construction
basic to
civil
principle
of a
demandable
in
each
case?
a)redeem,
Iflaw
thebe
debtor
entitled
toof
have
the
done
from date
registration,
upon by
conditional
obligation
depends
upon
the sole
covenant for
the
benefit
ofand
the
vendee,
which
concurrence
of
the
offer
and
the
acceptance.
In relativity
telephone
services
in
the
leased
premises
means
to
pay;
b)
If
the
debtor
promises
to
pay
acknowledgment
of
a
debt,
the
promise
to
of
contracts
which
provides
that
contracts
promises
to
pay
as
soon
as
he
has
the
third
person
at
the
expense
of
Marvin.
Marvin
execution by the treasurer of an instrument
will
of
the obligor.
the what
latter
waived
by
implication
the
during
absence
the
period
ofvalidly
concurrence
of when
the
lease.
of Six
offer
months
when
he
likes;
c)
If
the
debtor
promises
to
pay
hehas
owes
her
he feels
like
it isand can
only
bind
the
parties
who
entered
into
it,
and
it
in
that
case
will
be
liable
for
damages
under
in form and effects to convey the pay
when itJose
offered
to
the
balance
of the
the sufficient
Inexistent
Contracts
vs. a
Annullable
Contracts
(2004)
acceptance,
later.
surreptitiously
canpay
betono
consent.
vacated
(Laudico
when
he
becomes
cannot
favor
or
prejudice
a
third
person,
even
if
he
equivalent
tothere
a promise
pay
when
his
means
Article
1170.
Maria remained owner of the land
purchase
price
upon
execution
oftoa be
deed
of property.
Aleatory
Contracts;
Gambling
(2004)
Distinguish
briefly
clearly
between
lawyer;
If the
debtorbut
promises
to pay
if his
premises.
Hetoleft
behind
unpaid
telephone
bills
v.
Arias
Rodriguez,
G.R.
16530,
March
is
aware d)
of such
contract
has
acted
with
permits
him
do
so, the
and
isNo.
deemed
one
until
another
tax
sale isand
to be
performed
in
absolute
sale
by
the
vendor.
(Art.
1545,
NCC)
A.
ZY
lost
P100,000
in aamounting
card
game
called
Inexistent
contracts
and
annullable
contracts.
son,
isthereof.
sick with
cancer,
does not
die
for Mr.
overseas
telephone
to
31,
1922)
Without
consent,
there
isover
no v.
knowledge
(Integrated
Packaging
CA,who
supra.)
with
an
indefinite
periodcalls
under
Art.
1180.
favor
of
a
qualified
buyer.
Russian
poker,
but is
he
had
no
more
cash
to
pay
within oneANSWER:
year. 5%
P20,000.00.
Baldomero
refused
toafter
pay
the
perfected
contract
for
the
construction
ofsaid
the SUGGESTED
Corporation
Hence
the
amount
recoverable
Perla
INEXISTENT
CONTRACTS
considered as
Rescission
ofANSWER:
Contracts;
Proper Partyare
(1996)
SUGGESTED
in
winner
at that
the
time
the session
billsfull
on
the
ground
Jose
had
already
house
ofthe
Carlos.
(Salonga
v.
Farrales,
G.R.
asks
the
court
to set
the
period
as
provided
by
(a)
The
obligation
is
valid.
It
is
an
obligation
not
having
been
entered
into
and,
therefore,
In
December
1985,
Salvador
and
the
Star
Conditional
Obligations;
Resolutory
Condition
(1999)
ended.
He
promised
pay
PX,
the 1318
winner,
Contracts
substituted
him
the
customer
of the
No.
L-47088,
Julyas10,to
1981)
Article
of Consensual vs. Real Contracts; Kinds of Real
Art.
1197,
par.
2.
subject
to
an
indefinite
period
because
the
void
ob
initio.
They
do
not
create
Semiconductor
Company
(SSC)
executed
a any
In
1997,
Manuel
bound
himself
to
sell
Eva
a
two
weeks
thereafter.
But
he
failed
to
do
so
telephone
company.
The latter
maintained
the
Civil Code
provides
that there
can bethat
no (1998)
debtor
binds
himself
to
pay
when
his
means
obligation
and
cannot
be
ratified
or
validated,
Deed
of
Conditional
Sale
wherein
the
former
house
and
lot
which
is
being
rented
by
despite
the
lapse
of
two
months,
so
PX
filed
in
Distinguish
consensual
from
real
contracts
Baldomero
remained
as his customer
far as
contract
unless
the following
requisitesasconcur:
SUGGESTED
ANSWER:
Marvin
will
notcollect
liable
tothe
pay1998
Carlos
any
permit
him
do
so
(Article
When
as there
no
agreement
to1180,
ratify
or lot
validate.
agreed
toissell
his
2,000
square
meter
in
another
person,
ifbe
Eva
passes
bar
court
a
suit
to
the
amount
of
P50,000
name
atto
least
four
(4)
kinds
ofNCC).
real
their
service
contract
was
concerned,
(1)
consent
of
the
parties;
(2)
object
certain
The telephone
company isthe
correct
because
as and
damages
for
withdrawing
offer
before
the
the
creditor
knows
that
the
debtor
already
has
On
the
other
hand,
ANNULLABLE
or
Cainta,
Rizal,
to
the
latter
for
the
price
of
examinations.
Luckily
for
Eva,
she
passed
said
that
he
won
but
remained
unpaid.
Will
the
contracts
under
the
present
law.
[3%]
notwithstanding
the
lease
contract
between
which
is ittheissubject
matter the
of the
contract;
and
far
as
concerned,
only
person
it the
lapse
of
the
period
granted.
In
this
case,
no
means
to
pay,
he
must
file
an
action
in
(a)
Suppose
Manuel
had
sold
the
same
house
VOIDABLE
CONTRACTS
are
valid
until
P1,000,000.00,
payable P100,000.00 down, and
SUGGESTED
ANSWER:
examinations.
collection
suit
against
ZY
prosper?
Could
Mrs.
Baldomero
and
Jose.
Who
is
correct,
(3)
cause
of
the
obligation.
contracted
withwas
was
Baldomero.
The the
telephone
SUGGESTED
ANSWER:
consideration
given
byPX
Carlos
for
the
CONSENSUAL
CONTRACTS
are
those
which
court
to fix by
thethe
period,
when
definite
and
lot in
to turn
another
before
Eva
passed
1998
invalidated
court
but
bethe
ratified.
the
balance
60
days
afterand
themay
squatters
in theIn
ZY
file
a suit
against
to recover
the
Baldomero
or no
the
telephone
company?
Explain.
company
has
contract
with
Jose.
Baldomero
A.
1.
The
suit
by
PX
to
collect
the
balance
of
option
given,
thus
there
is
no
perfected
are
perfected
by
mere
consent
(Art.
1315.
Civil
period
as
set
by
the
court
arrives,
the
bar
examinations,
is
such
sale
valid?
Why?
inexistent
contracts,
one
or
more
requisites
of
property
have
been
removed.
If
the
squatters
P100,000
that her Jose
husband
lost?
Reason.
(5%)
cannot
in his
stead
without
what
hesubstitute
won
from
will
not
prosper.
Under
contract
of that
option
lack
of
cause
of
(b)
Assuming
itZY
is for
Eva
who
is
entitled
to the
Code).
CONTRACTS
are those
which
are
obligation
to within
pay
demandable
(2%)
a
valid
contract
are becomes
absent.
In
anullable
are
not REAL
removed
six
months,
the
SUGGESTED ANSWER:
consent
of
the
telephone
company
(Art.
1293,
Article
2014
of and
the
Civil
noheld
action
be
obligation.
Marvin
cannot
be
tocan
have
buy
said
house
lot,
isCode,
she
entitled
to
the
perfected
by
delivery
of the
of theare
9Article
1197,
NCC).
contracts,
allthe
the
elements
of object
a be
contract
P100,000.00
down
payment
shall
(b) The obligation
to pay when
he returned
likes is a
NCC).
Baldomero
is,
therefore,
liable
under
the
maintained
by
the
winner
for
the
collection
of
breached
the contract.
Thus,before
he cannot
be held
rentals
collected
by Manuel
she passed
obligation.
(Art.
1316,
Civil
Code)
Examples
of
present
except
that
the
consent
of
one
of the
by
the
vendor
to
the
vendee,
Salvador
filed
Nature
ofhe
Contracts;
Relativity
of Contracts
(2002)
condition
the fulfillment
of which is
Nature
of Contracts;
Obligatoriness
(1991)
contract.
b)
answer
same
Carlos suspensive
what
hasexaminations?
won inbe
athe
game
ofif chance.
liable
foryour
damages.
theWill
1998
bar
Why?
(3%)
real contracts
are
deposit,
pledge,
contracting
parties
was
vitiated
or
one
of
them
ejectment
suits
against
the
squatters,
but
in
Printado
is engaged
the
printing
business.
supplies
subject
to basketball
the sole star,
will of
debtor
and,
Roland,
a
wasthe
under
contract
paid
Although
Marvin
pokerin
P10,000.00
may
depend
as
in Suplico
consideration
part on
ability,
commodatum
and
loan
(mutuum).
has
no
to simple
give
spite
ofcapacity
the decisions
inconsent.
his
favor,
the squatters
printing
paper
to
Printado
pursuant
to
an
order
agreement
under
therefore
the
conditional
obligation
is
void.
for
one
year
to
play-for-play
exclusively
for
Consideration;
Validity
(2000)
for
it isthat
fundamentally
option? Explain.
a game of
(2%)
chance.
still
would
not
leave.
In August, 1986, Salvador
which
binds
himself
deliver
the PX
samewas
volume
of paper
ALTERNATIVE
ANSWER:
(Article
1182,
NCC).
2)
If Suplico
the money
paidtoby
ZY to
conjugal
Lady
Love,
Inc.
However,
even
before
the
Lolita
employed
a finance company.
offeredwas
to ANSWER:
return
the in
P100,000.00
down
SUGGESTED
Mycommunity
answer
will
the
same
asincould
to the
every
month
for a period
of be
18 months,
with
Printado
turn
or
property,
the wife
of ZY
basketball
season
could
open, he
was
a
Because
she
could
not
account
for
the offered
funds
payment
to
the
vendee,
on
the
ground
that to
he a
(c)
The
obligation
is
valid.
It
is
subject
perfection
of
the
contract
for
the
construction
agreeing
to pay withinit60
days after Article
each delivery.
Suplico
sue
to recover
because
117(7)
ofhas
the
more
attractive
pay
plus
fringes
benefits
by
entrusted
toremove
her,
shethe
was
charged
with
is unable to
squatters
theestafa
suspensive
condition,
i.e.
the on
future
and
of the
house
of Carlos.
perfected
been
faithfully
delivering
under that
theNo
order
agreement
forcontract
10 months
Family
Code
provides
losses
in gambling
Sweet
Taste,arrested.
Inc. Roland
accepted
theher
offer
and
ordered
In
order
to
secure
property.
SSC
refused
to
accept
the
money
and
uncertain
event
of
his
becoming
a
lawyer.
The
arises
because
of
lack
of
consent.
With
the
but
thereafter
stopped
doing
so,
because
Printado
has
not
made
or betting are borne exclusively by the loserand
transferred
to Sweet
Taste.
Lady Love
release
from
jail,
her
parents
executed
demanded
that
execute
a deeda of
performance
of Salvador
this
obligation
does
withdrawal
of conjugal
the offer,orthere
could funds
be no
spouse.
Hence,
community
sues
Roland
andto Sweet
Taste
forcompany
breach of
promissory
note
pay
the
finance
absolute sale of the property in its favor, at
concurrence
of offer
andfor
acceptance.
may
not be used
to pay
such losses. If the
contract.
Defendants
claim that the restriction
the
amount
allegedly
misappropriated
byprice.
their
which time it will pay the balance of the
money were exclusive
to
play for
Lady
Love
alone is void, hence,
daughter.
The
finance
company
Incidentally, the value of the land had doubled
unenforceable, as it
by that time.
OBLIGATIONS
CONTRACTS
1) 1971,
concerned,
condoned
In
How
by
Able
much,
may
his father
Construction,
annul
if any,
assuch
evidenced
may Joey
Inc.
assignment
be
by
entered
compelled
a notation
for
into
has
promissory
Even
The
not
at
to
abeen
action
[if] assuming
extinguished
will
notenot
as prosper.
that
a result
by
there
the
of
The
was
novation
the
existence
foreclosure
a perfect
or extinction
ofright
inflation
of the
of
principal
Hence,
obligation
Eva's
insofar
passingan
as
the
third
Bar,parties
the rights
are
concerned.
of the
other buyer
their
back
with
[2%]
Tropical
2)
consent
of
To what
his
thereto.
Home
extent,
check
Developers,
if at
payment
all, can
Inc.Jojo
whereby
for be the
refusal,
deflation
compensation
requires
official
did
declaration
not
take
by
place
the
having
the
contract
pay?
given
of
chattel
first
or
theupon
terminated and Eva acquired ownership of the property.
ALTERNATIVE
ANSWER:
P300,000.00
the
compelled
former by
would
reading:
Joeybuild
to contribute
"In
for full
the latter
payment
to such
the of the
because
Bangko
Sentral
the claim
ngis
Pilipinas.
unliquidated.
The
assignment
is
valid
because
there
is
ALTERNATIVE
ANSWER:
Extinguishment;
Payment (1995)
loan". Will
houses
payment?
within
[3%]
thisits
besubdivision.
a valid defense
The cost
in anofaction
each
The
unlawful
detainer
action
willloans
prosper.
It is
absolute
freedom
to transfer
the credit
and
SUGGESTED
ANSWER:
SECOND
ALTERNATIVE
ANSWER:
Extinguishment;
Compensation
vs. Payment
(1998)to RivettIn
1983
PHILCREDIT
extended
for collection?
house,
labor
and
(3%)
materials
included,
was
It
1.
Joey
depends.
can
be
If
compelled
the
notation
to
pay
"in
full
only
payment
the
of
The
sale
to
another
person
before
Eva
could
a
given
fact
in
the
problem,
that
there
was
the
creditor
need
not
get
the
consent
of
the
Define
compensation
as
a
mode
of
Strom
Machineries,
Inc.
(RIVETTT-STROM),
P100,000.00. Four hundred units were to be
the
remaining
loan"
balance
written
of
P200.000,
by
Arturo's
in
view
father,
of there
the
buy it from
isMillion
valid,
as
the
contract
inflation,
which
caused
the
exchange
rate
to of
debtor.
Hewas
only
needs
to
notify
extinguishing
an
obligation,
and
it
consisting
ofManuel
US$10
fordistinguish
the
cost
constructed
within
five
years.
Inhim.
1973,
Able
Extinguishment;
Cause
of
Action
(2004)
was
remission
anthat
implied
of
condonation
share
by
the
of
the
creditor.
balance
(Art.
that between
Manuel
and
Evaand
isitself
a directly
mere
promise
to
SUGGESTED
ANSWER:
double.
Since
the
contract
authorizes
from payment.
[2%]
machineries
imported
paidthe
by
found
it Jojo's
could
no
longer
continue
with
the
TX
a suit
ejectment
BD
for
is5a
mode
of
extinguishing
to
discharges
1219,
Civil
Code)
thefor
obligation.
Inprice
such
case,
sell
and Eva
has
not
acquired
real
right
over
increase
in rental
in
the
event
an inflation
or
PHTLCREDIT,
and
Million
inaof
cash
payable
in
job filed
due
to
the
increase
in theagainst
of
oil
andthe COMPENSATION
2.
Jojo canisbean
compelled
by Joey
to contribute
non-payment
of
condominium
rentals
the
concurrent
amount,
the
obligations
of
notation
act
of
the
father
from
which
land
assuming
that
there
is
a
price
devaluation
of
the
Philippine
peso,
the
installments over a period of ten (10) years on
its derivatives and the concomitant worldwide
P50.000
Art. may
1217.
par.
3,
Civil The
Code
provides.
amounting
P150,000.
During
the condonation
pendency
those
persons
who
inthereof
their
owncontract
rightatand
are
condonation
be
inferred.
stipulated
the
contract
for
the
to
doubling
of
monthly
rent
is computed
reasonable
the basis
ofinthe
the
value
the
spiraling ofto
prices
of all
commodities,
"When
one of
the
solidary
debtors
cannot,
of
the
case,
BD
offered
and
TX
accepted
the
reciprocally
debtors
and
creditors
of
each
being
implied,
it
need
not
comply
with
the
be
considered
a
sale
and
there
was
delivery
or
is
therefore
a
valid
act
under
the
very
terms
of
rate
of exchange
of the U.S. dollar vis--vis the
including basic raw materials required for the
SUGGESTED
ANSWER:
because
of his
insolvency,
reimburse
his share
full
amount
due
as
rentals
from
BD,
who
then
other
(Tolentino,
1991
ed.,
p.
365,
citing
2
formalities
of
a
donation
to
be
effective.
The
tradition
of
the
thing
sold.
the
contract.
Brian's
refusal
to
pay
is
thus
a
Philippine
pesoisatnot
the entitled
time of payment.
construction of the houses. The cost of
(b)
No, 560
she
toonthe
Extinguishment;
Loss
(1994)
to
thea debtor
paying
thewill,
obligation,
such
share
filed
motion
to
dismiss
the
ejectment
suit
on
Castan
andmade
Francia
vs. IAC.
162rentals
SCRA
RIVETT-STROM
payments
both
loans
defense
of
full
payment
therefore,
be
valid.
ground
for
ejectment.
development
had the
risennotation
to unanticipated
levels
collected
by
Manuel
because
at the
time
they
When,
was in
written
by
Dino
Ben
for
damages
the
shall
behowever,
borne
bythe
allaction
his co-debtors,
753).
Itif involves
the
simultaneous
balancing
of
the
ground
that
is already
whichsued
based
on
the
rate ofbecause
exchange
inlatter
1983
and
to
such
a
degree
that
the
conditions
and
accrued
and
were
collected,
Eva
was
not
yet
SUGGESTED
ANSWER:
Arturo
himself.
It
merely
proves
his
intention
had
failed
to
deliver
the
antique
Marcedes
proportion
to
the
debt
of
each."
two
obligations
in
order
to
extinguish
them
to
extinguished.
Is
BDs
contention
correct?
would
have
fully
settled
the
loans.
factors
which
formed
original
of
the it
FIRST
ALTERNATIVE
ANSWER:
BD's
contention
is not the
correct.
can
the
owner
ofin
the
property.
in
SUGGESTED
making
ANSWER:
that
payment
but
inTX
nobasis
waystill
does
Benz
car Dino
had
purchased
from Ben,
whichis
the
extent
which
the one
amount
of one
Why
or why
not?
Reason.
(5%)
Assuming
that Eva
is the
entitled
to buy
contract
had
been
totally
changed.
Able
maintain
the
suit
for
ejectment.
The
Yes,
the
Able
Construction.
Inc.
is
entitled
to
bind his father (Yam v. CA, G.R No. 104726. 11
wasby agreementdue
forthe
delivery
on on
PHILCREDIT
contends
that
payments
covered
by
that
of
the
other.
(De
Leon,
the
house
and
lot,
she
is
not
entitled
to1992
the
brought
against
Tropical
Homes
praying
PAYMENT
means
not
only
delivery
acceptance
by
the
lessor
of the
payment
by was
the
the
reliefsuit
sought
under
Article
1267,
Civil
February
1999)
. In
such
case,
the
notation
December
31,
1993.
Ben,
inon
his
answer
tomoney
both
loans
should
be
based
the
rateofof
ed.,
p.
221,
citing
8
Manresa
401).
rentals
collected
by
Manuel
before
she
passed
that
the
Court
relieve
it
of
its
obligation.
Is
but
also
performance
of time
an obligation
(Article
lessee
of the
rentals
during
the
Code.the
The
law
provides:
"When
thefrom
service
has
not
act
of in
hisarrears
fathereven
which
Dino's
complaint,
Dino's
claim
has no
exchange
existingsaid
at the
of payment,
the
barCivil
examinations.
Whether
it iscapacity
a contract
Able Construction
entitled
the
relief
1232,
Code).
In
payment,
to
pendency
the
case
does
not
become
soofdifficult
asinferred.
to beto
manifestly
beyond
condonation
mayejectment
be
There
being
no
basis for
the
because
the car
was
which
rate
ofsuit,
exchange
hasasbeen
consistently
of sale of
or the
a contract
to and
sell, capacity
reciprocal
sought?
ALTERNATIVE
dispose
thing
paid
to
constitute
aANSWER:
waiver
orthe
abandonment
of
the
the
contemplation
parties,
obligor
condonation
at all of
the
defense
ofthe
full
payment
being
driven
to
be
delivered
to
Dino
on
increasing, and for which reason there would
prestations
are deemed
imposed
A for the
If thealso
notation
was
written
by Arturo's
father,
receive
payment
required
for
debtor
ejectment
case.
(Spouses
Clutario
CA, 216
may
released
therefrom,
inv.whole
or in
will
not bebe
valid.
January
1994, aare
reckless
truck
driver
had and
still be a1,
considerable
balance
on
each
loan.
Is
Extinguishment;
Compensation
(2002)
it
amounted
to
an
express
condonation
of
the
seller
to
deliver
the
object
sold
and
for
the
Extinguishment;
Novation
(1994)
creditor,
respectively:
in
compensation,
SCRA
341
[1992]).
SUGGESTED
ANSWER:
part."
rammed
into
the
Benz.
The trial such
the
contention
of Mercedes
PHILCREDIT
correct?
Stockton
is
a
stockholder
of
Core
Corp.
He
buyer
to pay
the
price.
Before the
happening
balance
whichborrowed
must Pl,000,000.00
comply withfromthe As
In
1978, Bobby
regards
loan
consisting
ofbecause
dollars,
the
capacity
isthe
not
necessary,
the
court
dismissed
Dino's
complaint,
saying
Ben's
Discuss
fully.
desires
to sell
his
shares
in
Corp.
In view
formalities
of a
donation
toCore
be valid
under
the contention
of the condition,
SUGGESTED
ANSWER:
the fruits
of
the
thing
and
the
Chito
payable
in
two
years.
The
loan,
which
of
PHILCREDIT
is
correct.
It
has
compensation
operates
by
law
and
not
by
the
obligation
had1262,
indeed,
been
extinguished
by to
SECOND
ALTERNATIVE
ANSWER:
of
a court
suit that
Corp.
filed
against
a)
No.
Article
New
Civil
Code
provides,
interests
on
the money
are deemed
to have
2nd
paragraph
of Article
1270 has
of
the
New
Civil be
was
evidenced
by
aCore
promissory
note,
was
paid
in
Philippine
currency
computed
on
act
of
the
parties.
In
payment,
the
performance
Under
force
majeure.
Art. 1164,
Is the
there
trial
is court
no obligation
correct?
on the
him
forSince
damages
in the on
amount
of P 10 million,
"An
obligation
which
consists
inat
the
delivery
of
Code.
amount
ofreal
the property.
balance
isNo
more the
been
mutually
compensated
under
Article
secured
by athe
mortgage
basis
of
the
exchange
rate
the
TIME
OF
must
be
complete;
while
in
compensation
there
part
of Manuel
to deliver
theextinguished
fruits
(rentals)
of
Extinguishment;
Compensation/Set-Off;
Banks
(1998)
plus
attorneys
fees
of
P
1
million,
as
a
result
a
determinate
thing
shall
be
if
it
1187.
than
5,000
pesos,
the
acceptance
by
Arturo
of
action was filed by Chito to collect the loan or
PAYMENT
of each
installment,
as
held the
in
may
be partial
extinguishment
of
an
obligation
the
thing
until
the
obligation
to
deliver
X,
whov.
has
a 34
savings
deposit
with
Y Bank
in
statements
published
Stockton
whichBobby,
are
should
be
lost
or
destroyed
without
the
fault
of
the
condonation
mustby
also
be in
under Kalalo
to
foreclose
the mortgage.
But
in writing
1991,
Luz,
SCRA
337.
As
regards
the
P5
(Tolentino,
supra)
thing
arises.
AsP1,000,000.00
the suspensive
condition
has
sum
of
incurs
a
loan
allegedly
defamatory
because
it
was
calculated
the
debtor,
and
before
he
has
incurred
in
delay.
Article
748.
There
being
no
acceptance
in
without receiving any amount from Chito,
Million
loan
in Philippine
pesos, PHILCREDIT
not
been
fulfilled,
the
obligation
sell
does
obligation
with
the
said
Bank
sum
of
to injureby
and
damage
corporations
b)
The
judgment
of
the
trial
courtinistothe
incorrect.
writing
Arturo,
thethe
condonation
is void
and is
executed
another
promissory
note which
was
wrong.
The
payment
thereof
cannot
be
not
arise.
P800.000.00
which
has
become
due.
When
X
reputation
andto
goodwill.
The
articles
of note,
Loss
of
the
thing
due
by
fortuitous
events
or
the
obligation
balance
subsists.
The measured
worded
exactly
aspay
thethe
1978
promissory
by
the
peso-dollar
exchange
rate.
Extinguishment; Assignment of Rights (2001)
tries
to
withdraw
his
deposit,
Y
Bank
allows
incorporation
Core
Corp.
provide
for
a right
force
majeure
is a
valid
for a debtor
defense
of the
fullof
payment
is, therefore,
not
valid.
except
for
date
thereof,
which
was
the
date That
will
becane
violative
ofdefense
the
Uniform
Currency
The sugar
planters
of Batangas
entered
only(RA,
P200.000.00
to be
withdrawn,
lessdelay.
service
of its
first
refusal
favor
of
the corporation.
when
the
debtor
has
not
incurred
In
case
the in
notation
was
not written
by Act
of
execution.
1)
Can
Chito
demand
payment
529]
which
prohibits
the
payment
of
into a long-term milling contract with the
Extinguishment;
Extraordinary
Inflation
or
Deflation
(2001)
charges,
claiming
that
compensation
has
Accordingly,
Stockton
gave
written
notice
to
Extinguishment
of
liability
for
fortuitous
event
Arturo's
father,
the answer
isinthe
same
as
the an
on
the
1991
promissory
note
1994?
2)
Can
obligation
which,
although
to
be
paid
in
Azucarera de Don Pedro Inc. Ten
On
July
1, 1998,ofBrian
leased
an office
spaceofin Central
extinguished
its debtor
obligation
under
the
savings
the
corporation
offer
to sell
his shares
requires
that
the
has
not yet
answers
above. thehis
Chito
foreclose
real
estate
mortgage
ifrental Philippine
currency,
is (2001)
measured
by
a
foreign
years
later,
the
Central
assigned
itsincurred
rights
to
a
building
for
a
period
of
five
years
at
a
Liability;
Lease;
Joint
Liability
account
to
the
concurrent
amount
of
X's
debt.
P
10
million.
The
response
of
Core
corp.
was
an
any
delay.
In
the
present
case,
the
debtor
was
Bobby
fails
to
make
good
his
obligation
under
currency.
(Palanca
v. CA, 238
SCRA
593). group
the
said
milling
contract
to
a
Taiwanese
rate
SUGGESTED
of P1,000.00
ANSWER:
a month.
The contract
foreign
medical
students
rented
the
X delay
contends
compensation
is
improper
acceptance
of the offer
in the exercise
of its of Four
in
whenthat
the
car
was
destroyed
on
the
1991
promissory
note?
would
take
over
the
operations
ofyear.
the
1)
Yes,
Chito
can demand
payment
on
the
1991of which
lease
contained
the
proviso
that
"in
case
apartment
of
Thelma
for
a
period
of
one
when one
the debts,
as here,
arises
from a
rights of first refusal, offering for the purpose
January
1, of
1993
it was
due for
delivery
sugar
mill.
Thesince
planters
filed
an
action
to
c)
It depends
or not
Ben
the
seller,
promissory
note
in 1994.of
Although
the 1978
inflation
devaluation
the Philippine
one
semester,
three
of
them
returned
to
contract
of whether
deposit.
Assuming
that
the
payment or
in form
of compensation
or set-offpeso, After
on
December
31,
1993.
(Art.
1262
Civil
Code)
annul
the
said
assignment
on
the
ground
that
SUGGESTED
ANSWER:
was
already
in
default
at
the
time
of
the
promissory
noterental
for P1 million
payable two be their
the
monthly
will
automatically
home
country
and
the
fourth
transferred
promissory
note signed
by X Civil
to evidence
the
against the amount of damages it is claiming
Y bank
isbecause
correct.
An.was
1287,
Code,
does
the
group
not
registered
with
accident
aprovide
demand
for
him
to
deliver
years
later or indecreased
1980 became
a natural
increased
aTaiwanese
boarding
house.
Thelma
discovered
that
loan
does
not
for
compensation
against him,orexclusive
of thedepending
claim for on the to
(Note:
The
question
presupposes
not
apply.
All
requisites
of
Art.in
1279,
Civil
the
Board
ofthe
Investments.
Will
the
action
due
date
was
not
complied
with
by
him.
obligation
after
the
lapse ofoften
(10)peso
years,
devaluation
or Stockton
inflation
the
to ofthe on
they
left
unpaid
telephone
bills
the
total
between
knowledge
said
loan
and
and
requires
hiscase
savings
the
application
deposit,
who
of
attorneys ANSWERS:
fees.
rejected
the offer
SUGGESTED
Code
are
present.
In
the
of
Gullas
vs.
PNB
prosper
or
not?
Explain
briefly.
(5%)
That
fact
not
having
been
given
in
the
such
natural
obligation
can
be
a
valid
dollar."
Starting
March
1,
2001,
the
lessor
amount
of
P80,000.00.
The
lease
contract
the
provisions
of
the
Omnibus
Investment
is
correct?
[3%]
the corporation,
arguing
compensation
Stockton
is correct.
Therethat
is no
right of
Phil. the
519),
the
Supreme
Court
held:
problem,
trial
court
erredshall
in
dismissing
consideration
of
a novated
promissory
note
SUGGESTED
ANSWER:
increased
thevalue
rental
P2,000
a month,
on the [62
provided
that
the
lessees
pay
for "The
the
Code,
which
properly
belongs
to
between the
of to
the
shares
themillion
compensation
between
his
price and
of P10
Civil
Code
contains
provisions
regarding
The
action
will prosper
not
onis the
ground
complaint.
Reason:
There
default
dated
inof
1991
and payable
two
years
later,
orthe Dino's
Commercial
law)
ground
inflation
proven
by
the
fact
that
telephone
services
in
the
leased
premises.
amount
of
damages
demanded
by
the
and Core Corp.s unliquidated claim for
compensation
off)
and
deposit.
These
invoked him
but responsible
on(set
thethat
ground
that
the
farmers
making
for
fortuitous
events
in
1993. Allrate
the elements
of an implied
real
exchange
of the
Philippine
peso
demanded
the
fourth
student
pay
corporation
legally
take effect.
Is tobethe Thelma
damages. In cannot
order that
compensation
may
SUGGESTED
ANSWER:
If
on
the
other
hand
Ben
was
not
in
default
as
portions
of
Philippine
law
provide
haveentire
notthe
given
their
consent
to that
the
including
assumption
of risk
or loss.
novation
are increased
present: a) from
an old
valid
dollar
had
P25.00=$1.00
to
the
amount
of
the
unpaid
telephone
Stockton
correct?
Give
reason
for
your
answer.
proper, theANSWER:
two debts must be liquidated and
SUGGESTED
fourth has
student
is
correct.
His
liability
is
no
demand
been
sent
to him
prior
to
thetwo
compensation
shallmilling
take
place
when
assignment.
The
contract
imposes
obligation;
b) a new
validrefused
obligation;
c) pay the The
P50.00=$1.00.
Brian
to
bills,
but
the
latter
is
willing
to
pay
only
one
(5%)
The
unlawful The
detainer
action
not prosper. only
demandable.
case for
the Pwill
10million
joint,
hence,
pro
rata.
There
is
solidary
accident,
then
we
must
distinguish
whether
persons
are
reciprocally
creditor
and
debtor
of
reciprocal
on Why?
the parties.
The
capacity
of the
parties;
d) action
animus for
novandi
or
increased
rateinflation
and
an
unlawful
of it. obligations
Who is correct?
(5%)
Extraordinary
or deflation
defined fourth
damages being
still
pending
in court, is
the
liability
only
when
the
obligation
expressly
so
the
price
has
been
paid
or
not.
If
it
has
been
each
other.
In
this
connection,
it
has
been
held
intention
to novate;
and e) The
old
andthe
theaction sugar central has the obligation to mill the
detainer
was
filed against
him.
Will
ANOTHER
MAIN
ANSWER:
as
the sharp
decrease
in the
purchasing
power states
corporation
has
as yet no
claim
which is due
orrelation
when
the lawwhile
or nature
ofbut
the
paid,
the
suit
should
prosper
that
existing
between
alatter
depositor
sugarthe
cane
of for
thedamages
farmers
the
have
new
obligation
should
bewas
incompatible
withas a
The
right
of
first
refusal
not
perfected
prosper?
Why?
(5%)
of
the
peso. It does
not necessarily
and
demandable
against
Stockton. refer to the obligation
requires
solidarity
(Art.
1207,
CC).
only
enable
the
totheir
recover
the cane
price
and
atobank
is that
of creditor
and
debtor,
x xtox
the obligation
to buyer
deliver
sugar
each
other
onreason
all materialthere
points (Article
right
for the
SUGGESTED
ANSWER:
exchange
rate of that
the pesowas
to a the dollar. The
contract
of
lease
in
the
problem
does
not,
paid.
It
should
be
noted
that
Ben,
the
seller,
As
a
general
rule,
a
bank
has
a
right
of
set
off
the
sugar
central.
As
to
the
obligation
to
mill
1292).
two
promissory
notes cannot
stand
conditional
acceptance
equivalent
toisavalid
counter(a)
Yes,The
the
the other
as
Whether
orsale
not tothere
existsperson
an extraordinary
in
any
way,
stipulate
solidarity.
must
bear
the
loss
on
the
principle
of
res
perit
of
the
deposits
in
its
hands
for
the
payment
of
the
sugar
cane,
the
sugar
central
is
a
debtor
of
together,
hence,
the
period
of
prescription
of
offer
in theisamount
damages
as
a
saleconsisting
with
adeflation
resolutory
condition
because
Liability;
Solidary
Liabilitybe
(1998)
SUGGESTED
inflation
orANSWER:
for
the of
courts
to decide.
domino.
He
cannot
held
answerable
for
any
indebtedness
to
it
on
the
part
of
a
the
farmers.
In
assigning
its
rights
under
the
ten
(10)
years
has
not
yet
lapsed.
2)
No.
The
mortgage
being
an
accessory
contract
prescribed
with
beingoperates
credited
onshowing
purchase
price.
Extinguishment;
Condonation
(2000)
what
as
athe
suspensive
condition
for
Joey,
Jovy as
and
Jojo
are
solidary
debtors
under
a
There
being
no
thatdid
the
purchasing
damages
the
loss
of
the
car
was
not
depositor."
Hence,
compensation
took
place
the
loan.
The
novation
of
the
loan,
however,
not
expressly
contract,
the
sugar
central
will
also
transfer
to
Therefore,
did
notbeen
result
since
Arturoobligation
borrowed of
P500,000.00
fromwhich
his father.
Eva
operates
a resolutory
condition
for reduced
the
loan
P300,000.00
has
power
of compensation
the
peso
had
include
the mortgage,
hence,
the mortgage
is extinguished
under
imputable
to his
fault
or
fraud.toInmill
any
case,
heY
between
the
mutual
obligations
of the
X and
ANOTHER
MAIN
ANSWER:
the
its
obligation
sugar
FIRST ALTERNATIVE
ANSright
WER: of first refusal (Art.
there
was
valid
AfterTaiwanese
hedue.
had paid
P300,000.00,
his father
died.
buyer.
fallen
The
creditor
has,
however,
Article
1296
of no
the NCC.
The contract
tremendously,
there
could
be
no
inflation
that
can
recover
the
value
of
the
car
from
the
party
bank.
Yes,
the
sale
to
the
other
person
is
valid.
However,
the
buyer
farmers.
This
will
amount
to a
ALTERNATIVE
ANSWER:
1475 &justify
1319,
NCC)increase in the amount of cane
When of
thethe
administrator
of his
father's
estate
condoned
Jojo's
entire
share
in
the
debt.
would
acquired the propertythe
subject to a resolutory
whose
negligence
caused
the
accident.
If Since
nothe
novation
of
the
contract
by
substituting
requested
payment
of Service
thecreditor
balance
of
Extinguishment;
Loss; insolvent,
Impossible
(1993)
has
become
the
rental to be paid. Hence, Brian could refuse to Jovy
price
has
been
paid at
all, the
trial Article
court makes
acted
debtor
with
aJoey
third
party.
Under
1293
Page
86
of 119
P200,000.00.
Arturo
replied
that the
same
had
a
demand
on
to
pay
the
debt.
pay the increased rate.
correctly
in dismissing
the complaint.
of the Civil
Code, such
substitution cannot
been
take effect without the consent of the creditor.
The formers, who are creditors as far as the
obligation to mill their sugar cane is
mortgage.
(c) The third defense of Y is untenable. Y is a
surety of X and the extrajudicial demand
against the principal debtor is not
inconsistent with a judicial demand against
(d)
fourth
defense ofmay
Y isco-exist
untenable.
the The
surety.
A suretyship
withY ais
liable
for the entire prestation since Y
mortgage.
X.
incurred a solidary obligation with
(Arts. 1207, 1216. 1252 and 2047 Civil Code; Bicol
Savings and Loan Associates vs. Guinhawa 188 SCRA
642)
Since the insolvent debtor's share which Joey

paid was P100,000, and there are only two
remaining debtors - namely Joey and Jojo these two shall share equally the burden of
reimbursement. Jojo may thus be compelled by
Joey to contribute P50.000.00.
Liability; Solidary Obligation (1992)
In June 1988, X obtained a loan from A and
executed with Y as solidary co-maker a
promissory note in favor of A for the sum of
P200,000.00. The loan was payable at
P20,000.00 with interest monthly within the
first week of each month beginning July 1988
until maturity in April 1989. To secure the
payment of the loan. X put up as security a
chattel mortgage on his car, a Toyota Corolla
sedan. Because of failure of X and Y to pay the
principal amount of the loan, the car was
extrajudicially foreclosed. A acquired the car at
After
severalbidfruitless
letters ofduring
demand
A's highest
of P120,000.00
the
against
X
and
Y,
A
sued
Y
alone
for the
auction sale.
recovery of P80.000.00 constituting the
deficiency. Y resisted the suit raising the
sued together
with
following
defenses:
a) Y.
That Y should not be
b)
That
the
obligation
liable at all because X was not has been paid
completely by A's acquisition of the car
through "dacion en pago" or payment by
c)
That Y should not be held liable for the
cession.
deficiency of P80,000.00 because he was not a
co-mortgagor in the chattel mortgage of the
car which contract was executed by X alone as
d)
Thatand
assuming
that Y is liable, he should
owner
mortgagor.
only pay the proportionate sum of P40,000.00.
Decide each defense with reasons.
SUGGESTED ANSWER:
(a) This first defense of Y is untenable. Y is

still liable as solidary debtor. The creditor may
proceed against any one of the solidary
debtors. The demand against one does not
preclude further demand against the others so
long as the debt is not fully paid.
(b) The second defense of Y is untenable. Y is
still liable. The chattel mortgage is only given
as a security and not as payment for the debt
in case of failure to pay. Y as a solidary comaker is not relieved of further liability on the
Liability; Solidary Obligation; Mutual Guaranty (2003)

A,B,C,D, and E made themselves solidarity
indebted to X for the amount of P50,000.00.
When X demanded payment from A, the latter
refused to pay on the following grounds. a) B
is only 16 years old. b) C has already been
condoned by X c) D is insolvent. d) E was
given by X an extension of 6 months without
the consent of the other four co-debtors. State
the effect of each of the above defenses put up
by A on his obligation to pay X, if such
defenses are found to be true.
SUGGESTED ANSWERS:
(a) A may avail the minority of B as a defense,

but only for Bs share of P 10,000.00. A
solidary debtor may avail himself of any
defense which personally belongs to a solidary
co-debtor, but only as to the share of that codebtor.
(b) A may avail of the condonation by X of Cs
share of P 10, 000.00. A solidary debtor may,
in actions filed by the creditor, avail himself of
all defenses which are derived from the nature
of the obligation and of those which are
personal to him or pertain to his own share.
With respect to those which personally belong
to others, he may avail himself thereof only as
regards that part of the debt for which the
(c)
A may
not interpose(Article
the defense
latter
are responsible.
1222,of
NCC).
insolvency of D as a defense. Applying the
principle of mutual guaranty among solidary
debtors, A guaranteed the payment of Ds
share and of all the other co-debtors. Hence,
A cannot avail of the defense of Ds insolvency.
(d) The extension of six (6) months given by X
to E may be availed of by A as a partial
defense but only for the share of E, there is no
novation of the obligation but only an act of
liberality granted to E alone.
for damages
The
matter should
againstbethe
decided
jewelryinshop
favorwhich
of Remigio
put1.
Bernie
up
Juana50%
hasof
the
the
right
totalofpayments
action to made.
recover(Rillo
(a) her
v. Court
oneof
because
defense
the
of force
actionmajeure.
has not Will
prescribed.
the action
The Appeals,
the
(trustee)
half
G.R. No. 125347, June
19,1997)
case
prosper
at or
barnot?
involves
(5%) an express trust which
SUGGESTED
ANSWER:
does
not prescribe
as long as they have not
The action
will prosper.
the defendant
Period; Suspensive Period (1991)
been
repudiated
by theSince
trustee
(Diaz vs.
was
already
in
default
not
having
delivered
In a deed of sale of a realty, it was stipulated
Gorricho. 103 Phil, 261).
Impliedring
Trust (1998)
the
when delivery was demanded by
that the buyer would construct a commercial
plaintiff
Juan andathis
duesister
date,Juana
the defendant
inheritedisfrom
liabletheir
for
building on the lot while the seller would
the
mother
loss two
of the
parcels
thing of
and
farmland
even when
withthe
exactly
loss
construct a private passageway bordering the
was
the same
due toareas.
force majeure.
For convenience, the Torrens
lot. The building was eventually finished but
Non-Payment
Subdivision
When
certificates ofofAmortizations;
title covering
both Buyer;
lots were
the seller failed to complete the passageway
justified
placed(2005)
in Juan's name alone. In 1996, Juan sold
as some of the squatters, who were already
Bernie
bought on
installment
a residential
to an innocent
purchaser
one parcel
in its known to be there at the time they entered
subdivision
lot from
DEVLAND.
After
having
entirety without
the knowledge
and
consent
of
into the contract, refused to vacate the
1.
What
rights
of
action,
if
any,
does
Juana
faithfully
paid
the
installments
for
48
months,
Juana, and wrongfully kept for himself the
premises. In fact, prior to its execution, the
have
and/orthat
the DEVLAND
buyer? |3%]
Bernie
discovered
had failed to seller filed ejectment cases against the
entireagainst
price
paid.
2. Sincethe
thesubdivision
two lots have
the same area,
develop
in accordance
with the squatters. The buyer now sues the seller for
suppose Juana
a complaint
to have
herself
approved
plansflies
and
specifications
within
the specific performance with damages. The
declared
sole
of the
remaining
time
frame
inowner
the plan.
Heentire
thus wrote
a letter defense is that the obligation to construct the
second
lot, contending
herhe
brother
had
to
DEVLAND
informingthat
it that
was stopping
passageway
should be with a period which,
ANSWER:
forfeited his
share thereof DEVLAND
by wrongfully
payment.
Consequently,
cancelled SUGGESTED
incidentally,
had
been fixed
by them,filed
No.
the
action
fornot
specific
performance
disposing
of her
undivided
in the him
first that hence, the need
the
sale and
wrote
Bernie,share
informing
for fixing aunder
judicial
period.
by
the
buyer
is
premature
Art.
1197 of
a)
Wasthe
the
action
of [2%]
DEVLAND
lot. payments
Will
suit
prosper?
his
are
forfeited
in its favor. proper?
Will
the action
for
specific
performance
of the
the
Civil
Code.
If
a
period
has
not
been
fixed
Explain. (2%)
buyer
against
the
seller
prosper?
SUGGESTED ANSWER:
although contemplated by the parties, the
No, the action of DEVLAND is not proper. Under parties themselves should fix that period,
Section 23 of Presidential Decree No. 957, failing in which, the Court maybe asked to fix
otherwise known as the Subdivision and it taking into consideration the probable
ANSWER:
Condominium Buyer's Protection Decree, non- ALTERNATIVE
contemplation
of the parties. Before the
It has been held in Borromeo vs. CA (47 SCRA
payment of amortizations by the buyer is justified
period is fixed, an action for specific
), that the Supreme Court allowed the
if non-payment is due to the failure of the 69
performance is premature.
simultaneous
filing of action to fix the probable
subdivision owner to develop the subdivision
(Eugenio
v. Drilon, to
G.R.the
No.approved
109404, January
22, contemplated period of the parties where none
project according
plans and
1996)
is fixed in the agreement if this would avoid
within the limit for complying.
b) Discuss the rights of Bernie under the
multiplicity of suits. In addition, technicalities
ALTERNATIVE
ANSWER:
circumstances. (2%)
must be subordinated
to substantial justice.
The action for specific performance will not
SUGGESTED ANSWER:
Under P.D. No. 957, a cancellation option is
prosper. The filing of the ejectment suit by the
available to Bernie. If Bernie opts to cancel the
seller was precisely in compliance with his
contract, DEVLAND must reimburse Bernie
obligations and should not, therefore, be
the total amount paid and the amortizations
faulted if no decision has yet been reached by
interest, excluding delinquency interest, plus
the Court on the matter.
interest at legal rate. (Eugenio v. Drilon, G.R.
No. 109404, January 22, 1996)
c) Supposing DEVLAND had fully developed

the subdivision but Bernie failed to pay
further installments after 4 years due to
business reverses. Discuss the rights and
SUGGESTED ANSWER:
obligations
of the parties. (2%)
In this case, pursuant to Section 24 of P.D. No.
957, R.A. No. 6552 otherwise known as the
Realty Installment Buyer Protection Act, shall
govern. Under Section 3 thereof, Bernie is
entitled: 1) to pay without additional interest
the unpaid installments due within a grace
period of four (4) months or one month for
every year of installment paid; 2) if the
contract is cancelled, Bernie is entitled to the
refund of the cash surrender value equal to
DEVLAND
the
other hand
has the right to
50% of the on
total
payments
made.
cancel the contract after 30 days from receipt
by Bernie of notice of cancellation. DEVLAND
is however obliged to refund to
TRUST
Express Trust; Prescription (1997)

On 01 January 1980, Redentor and Remedies
entered into an agreement by virtue of which
the former was to register a parcel of land in
the name of Remedies under the explicit
covenant to reconvey the land to Remigio, son
of Redentor, upon the son's graduation from
college. In 1981, the land was registered in
Redentor
died
a year
or(2000)
in 1982. In
Loss name
of the thing
due;
Forcelater
Majeure
the
of Remedies.
March
Remigio
graduated
from
Kristina1983,
brought
her diamond
ring
to acollege.
jewelry
In
February
1992, The
Remigio
accidentally
found
shop
for cleaning.
jewelry
shop undertook
a
of the ring
document
so constituting
tocopy
return
by February
1, 1999." When
Remedies
as the
trustee
the land.
In May
the said date
arrived,
theofjewelry
shop
1994,
Remigio
filed
a case
against
informed
Kristina
that
the Job
was Remedies
not yet
for
the reconveyance
of the
land tofive
him.
finished.
They asked her
to return
days
Remedies,
in her answer,
averred
that
theto
later. On February
6, 1999,
Kristina
went
SUGGESTED ANSWER:
action
already
prescribed.
should
the shop
to claim
the ring, How
but she
was the
matter
bethat
decided?
informed
the same was stolen by a thief
who entered the shop the night before.
Kristina filed an action
CIVILCIVIL
LAWLAW
Answers
Answers
to thetoBAR
the BAR
as Arranged
as Arranged
by Topics
by Topics
(Year(Year
1990-2006)
1990-2006)
Trust;
Implied
Resulting
(1995)
No,
b)
6245.
The
the
It
first
suit
appears
will
buyer
notTrust
is
inprosper.
still
the
toDeed
The
be preferred,
contract
of Sale of
that
where
salePedro
was
In
(2)
X
the
sold
ayears,
CONTRACT
a parcel
or1475.
until
ofOF
land
3 June
SALE,
to 1973.
Y ownership
on 01
Itv.is
January
further
isettransferred
2002,
stated
(Art.
1624;
CC;
Rodriguez
CA,
al,
G.
from
perfected
sale
is Juan
registered
when
P120,000.00
Linda
ahead
and
of as
the
Ray
purchase
first
agreed
sale
on
the
share
the
that
buyer
should
in theupon
the
proceeds
Vendor
delivery
of(Juliet)
the
of sale
the
failwith
object
to exercise
legal
to him
In 1960,
Maureen
purchased
two
lots
in but
aprice.
second
received
toNo.
payment
therein
R
84220,
March
25.
1992
207
SCRA
553).
ALTERNATIVE
ANSWER:
However,
object
with
of Pedro
the sale
of
retained
the
andlatter.
the
the This
price
owner's
[Art.
because
duplicate
1475,
while
in thereof,
atoCONTRACT
andwithin
(b)TO
such
SELL,
damages
as she
is
her
right
redeem
the
saidownership
period,
the
plushknowledge
subdivision
registering
Lot 1isin
her
name interest
No, the defense of Peter Co will not prosper.
of
New
the
second
Civil
title.
Code].
Thereafter,
who
Theof
atconsent
the
Juan,
time
as
ofhelessor,
Linda
has
may
retained
conveyance
be able
by shall
the
to prove
seller
be deemed
asuntil
having
the
absolute
been
purchase
suffered
and price
andsaid
Lot
2
inbuyer,
the
name
her
brother
Walterand
Hadji Butu validly acquired his right by an
Pedro,
already
registered
been
lessee,
his sale
given,
executed
knew that
as a the
contract
shown
property
of
had
her
by
is fully
her, which
paid.Romeo
may
In a include
contract
to sell,
or deliveryofof
irrevocable.
did notactual
take
possession
with theaslatter's
consent.
The
idea
was by
to lease
assignment of credit under Article 1624 of the
over
agreement
already
thebeen
property
tosold
the to
for
price
someone
a period
of
the
else,
of
sale.
one
acted
There
(1)
inyear
is
compensatory
the property.
object does
He
damages
not
didconfer
notas
pay
well
ownership
theas
taxes
moral
upon
thereon.
andthe
circumvent
a
subdivision
policy
against
the
Civil Code. However, the provisions on the
with
therefore
bad
faith.
a monthly
(Article
consent
rental
1544,
on
her
of
C.C.)
Pl,000.00.
part
Pedro,
consent
exemplary
buyer. In adamages
contractdue
of sale,
to thethere
breach
is only
of trust
one
acquisition
of more
than
one
lot as
by the
one
buyer.as
contract
ofinsale
(Article
1475 Civilhaving
Code) will
Double
Sales
(2004)
Juliet
died
January
I973
lessee,
need
not
was
be
given
also obligated
in any
specific
toonpay
form.
the
Hence,
realty
contract
executed
between
the 259
sellerSCRA
and the
and
bad
faith
(Imperial
vs.without
CA,
Maureen
constructed
a house
Lot
1 with
an
apply,
and the
transaction
is only
covered
by the
JV,
owner
aLot
parcel
of
land,
itimplication,
toperiod
PP. Butof
repurchased
theaif
property.
Her
taxes
her
consent
on of
the
may
property
given
during
the
buyer,
in
contract
sell, there
extension
on
2 tobe
serve
assold
aby
guest
house.
In 65).
Ofwhile
course,
the buyerto
knew
of surviving
the are
co- two
Statute
of
Frauds.
(Art.
1403
par.
(2)
Civil
Subsequently,
Pedro
filed
a
complaint
against
the
deed
of sale
was
not
registered.
One
heir,
her son
X, failed
toherepurchase
the
lease.
especially
since
she
was
aware
of, year
and
contracts,
first
contract
tobuying,
sell (which
1987,
Walter
who
had
suffered
serious
ownership
over
the lot
Juanais a
Conditional
Sale
vs. the
Absolute
Salewas
(1997)
Code)
Juan
for
the
reformation
of
the
Deed
of
later,
JV
sold
the
parcel
again
to
RR,
who
property
on or
or
before 3 Junesale)
In a1975,
participated
in the
sale of the
conditional
preparatory
second,
business losses
demanded
thatproperty
Maureen(Pelayo
can
seek (c)
reconvenyance
of1973.
herand
one-half
Distinguish
between
a conditional
sale,
on the
Absolute
Sale,
alleging
that
the
transaction
succeeded
to
register
the
deed
and
to lot
obtain
a
Romeo
sold
the
property
to implead
Yprincipal
for P50,000.00.
v.
CA, G.R.
No.
141323,
June
8,the
2005).
the
final
deed
of
sale
or
the
contract
remove
the
extension
house
since
onHer
share
instead
but
she
must
the
buyer
one
hand,
and
an
absolute
sale,
on
the
other
ALTERNATIVE
ANSWER:
Contract
to
Acceptance;
Rightfull
offiled
First
Refusal
(1991)
covered
by
the deed
was
an
equitable
transfer
certificate
ofwas
title
over
the
property
in
Upon
learning
ofand
theafter
sale,
Xhis
anfaith
action
action
for
moral
and
exemplary
damages
will
which
is Sell;
executed
payment
of for
the
whichsuit
the
extension
built
was
his
property.
as
co-defendant
allege
bad
in
SUGGESTED
ANSWER:
hand.
The
will
prosper.
Sale
of
community
A
isCONDITIONAL
the lessee
of
apartment
owned
by Y.the
A
mortgage.
In his
verified
todoes
theover
his
own
name.
Who
has for
aanswer
better
right
the
the
nullification
of an
the
saleFinally,
and
for
the
also
not
prosper
because
the
case
not
fall
purchase
price.
In
1992,
Maureen
sued
the
reconveyance
to
purchasing
the
entire
lot.
consistent
A
SALE
is
one
where
property
requires
written
consent
ofthe
both
allowed
his
married
but
employed
daughter
B,
complaint,
Juan
alleged
that
the
property
was
parcel
of
land,
RR
or
PP?
Why?
Explain
recovery
of
the
property
on
the
ground
that
under
any
those
mentioned
in
2219
and
her
of Lot
2ofasserting
that
a resulting
trust
was with
the is
ruling
in Imperial
us. CA.
may
vendor
granted
the right
to Juana
unilaterally
spouses.
The
failure
orDeed
refusal
of Art.
Linda
to affix
ADDITIONAL
ANSWER:
SUGGESTED
ANSWER:
whose
husband
works
in Kuwait,
occupy
it.
sold
to
him
under
the
of
Absolute
Sale,
legal
basis
for
your
answer.
(5%)
the
so-called
deed
of absolute
sale to
executed
by
2232
of
the
Civil
Code.
created
when
she
had
the
lot
registered
in
seek
instead
(d)
a
declaration
that
she
is
nowthe
rescind
the
contract
predicated
on
1. Juana
can file anbetween
action forYdamages
against
It
depends
on on
whether
or not
RR
iscoupled
an
her
signature
the deed
of sale,
with
The
relationship
and
A
soured.
and
interposed
counterclaims
to
recover
his
mother
was
merely
an
equitable
mortgage,
Walter's
name
even for
if she
paid
the purchase
the
owner
of
the entire remaining
lot
on
fulfillment
or non-fulfillment,
as one
the of
case
may
Juansole
for
having
fraudulently
sold
the
innocent
purchaser
value.
Under
the
her
express
of
opposing
the sale
Since
he
has
no
reason
at all
toAn
eject
A,
Y, in
possession
ofdeclaration
the property
and
to compel
taking
into
account
the
inadequacy
of
the
price.
Walter
opposed
the
suit
arguing
that
the
theory
that
Juan
has
forfeited
his
one-half
be,
of
the
prescribed
condition.
ABSOLUTE
two
parcels
which
he
partly
held
in
trust
for
SUGGESTED
ANSWER:
Torrens
System,
a
deed
or
instrument
negates
valid
consent
on
her part. The
connivance
the
Engineer,
secured
Pedro
to any
turn
over
to
him
the
owner's
price
and
thewith
failure
of City
Romeo
take
assuming
the
existence
of
aresulting
resulting
trust If
the
therein.
SALE
isbenefit.
one
where
the
title
totothe
property
is
The complaint
ofan
Pedro
against
Juan
should
be share
This
is a of
case
of
implied
trust.
Juana's
Juana
may
claim
actual
or
operated
only
as
a
contract
between
the
consent
Biong
by
himself
is
insufficient
to
from
the
latter
an
order
for
the
demolition
of
duplicate
of title. Resolve
the case
with
possession
of to
thethe
property
and
to
pay vendor
the taxes
action
of
Maureen
has
already
prescribed
since
not
reserved
vendor
or
if
the
is
dismissed.
The
instances
when
a
contract
Walter
claims
to
have
acquired
ownership
of
compensatory
damage
for
the
loss
of
her
share
parties
and
as
evidence
of
authority
to
the
effect
a valid
sale of community property (Art.
the
building.
A immediately
filed
anthere
action
in
reasons.
(6%)
thereon.
Romeo
and
Y maintain
that
was
ten
years
have
elapsed
from
granted
the
right
to rescind
the
contract
regardless
of already
its to
nomenclature
themay
the
land
by
prescription
orv.
if he
anchors
hisG.R.
in
damages
forRomeo
thethe
mental
Register
of
Deeds
make
the
registration.
Itbe not
X?the
b)
Ifland;
you moral
decide
in favor
of
and
Y, and
96,
Family
Code;
Abalos
Macatangay,
the
Regional
Trial
Court
to
annul
order
valid on
absolute
sale and that
the document as
registration
the
title
in
his
name.
Decide.
based
the fulfillment
or nonfulfillment,
SUGGESTED
Does
Ray
have
any
cause
of
action
against
presumed
toof
be
an
equitable
mortgage
are a
defense
onANSWER:
extinctive
prescription,
the
ten
year
anguish,
anxiety,
moral
shock
and
would
you
is
the
registration
of
the
deed
or
the
No.
155043,
September
30,
2004).
to
enjoin
its
enforcement.
Y
and
A wounded
were
Contract
of
Sale
vs.
Agency
to Sell
(1999)
signed
by
the
former
on
3
June
1973
wasable to
1.
When,
for
convenience,
the
Torrens
title
to
Discuss
fully.
the
case
may
be,
of
the
prescribed
condition.
Biong
andthat
Linda?
Can
he
also
recover
enumerated
in
Article
1602
of1987
the
Civil
Code:
period
must
be
reckoned
from
when
he
uphold
the
validity
of
the
promise
towhich A
feelings
she
had
suffered;
exemplary
damage
instrument
is the operative
act
that
forge
a
compromise
agreement
under
A
granted
B
the
exclusive
right
to
sell his
merely
a
promise
to
sell.
a)
If
you
were
the
the
parcels
ofthe
land
were
placed
Joan's
ANSWER: for the common good,
damages
from
the
spouses?
Explain.
"Art.two
1602.
The
contract
shall
bethe
presumed
demanded
that
Maureen
remove
extension
sell?
by
way
of
example
andfor
conveys
or
affects
land.
(Sec.
51,
Pin
.D.
No. to SUGGESTED
agreed
to
a
twenty
percent
(20%)
increase
in
brand
of
Maong
pants
in
Isabela,
the
price
Judge,
would
you
uphold
the
theory
of
Considering
that
the
has
already
name
alone,
there
was
created
an
implied
1
When
the
price
of
atitled
sale
with
right
I will notfees.
uphold
thehas
theory
of X for
the
In
of
double
ofcontract
land,
it is
(2.5%)
be cases
anon
equitable
mortgage,
in
any
ofatothe A.
house
Lot
No.
2sale
because
such
demand
attorney's
Juana
no
cause
of
action
1529).
the
monthly
rentals.
They
further
agreed
that
his
merchandise
payable
within
60
days
from
been (a
perfected
and
taken
out
the
operation
trust
resulting
trust)
for
the of
benefit
of Juana
repurchase
is
unusually
inadequate:
nullification
of thewho
sale acquired
and for the
of
well-settled
rule
that
the
buyer
who
following
cases:
amounts
to
an
express
repudiation
offirst
the
trust
against
the
buyer
therecovery
land
for20%
the
lease
will
expire
two
years
later
and
delivery,
and
promising
B a(2)
commission
of
of
statute
of known
frauds,
Ray
can
compel
Linda
with
as sale
trustee
ofto
one-half
undivided
or as the
2 the
When
the
vendor
remains
in
possession
property
on
the
ground
that
the
so-called
registers
the
in good
faith
acquires
and
itJuan
was
made
Maureen.
Theaaction
value
and
in
goodthat
faith,
relying
on the
the property,
transfer
that
in
the
event
Y would
sell
on was
all
sales.
After
themortgage.
delivery
and
Biong
totoobserve
the
form
required
law
ideal
portion
offiled
each
of1544,
the
twoby
lots.
lessee
or
otherwise;
sale
only
an equitable
Anof the
better
right
the
land.
for
reconveyance
in(Art.
1992
is
notCivil
yet
barred
certificate
showing
that
Juan
is
the
registered
SUGGESTED
ANSWER:
either
A
or
his
daughter
B
shall
have
the
right
merchandise
toan
B action
but
before
he
could
any
Persons
dealing
with
property
covered
byof
in
order
for Juana
the
property
to be
in
Therefore,
file
anv.registered
action
3 prescription.
When
upon
orcan
afterHuang
the
expiration
of for
the
equitable
mortgage
may
arise
only
if,the
in sell
truth,
Code).
B.
B then
filed
to rescind
sale
in
by
(Spouses
Court
owner
of
the
land.
2.
Juana's
suit
to
have
herself
declared
as
sole
of
first
refusal.
The
Compromise
Agreement
them,
Bs
store
in
Isabela
was
completely
Torrens
title
are
not
required
to
go
beyond
the
name
of
Ray
which
can
be
filed
together
damages
against
Joan
for
having
fraudulently
right
to
repurchase
another
instrument
extending
the
sale
was
one
with
the
right
of
repurchase.
favor
of
the
corporation
and
to
compel
Y
to
Appeals, Sept. 13, 1994).
owner
of the entire
remaining
area
will
not
was
approved
court.
Six right
(6)
months
burned
histhe
fault,
together
with
of
what
appears
on
its
face.
withperiod
the
action
for
the
recovery
of house
[Art.
(Orquiola
v.ofCA
386,
SCRA
301,
[2002];
sold
one
of
the
two
parcels
which
henew
partly
the
redemption
or
granting
a
periodThe
facts
of
the by
case
state
the
toallthe
sell
thewithout
property
to
herthat
since
under
SUGGESTED
ANSWER:
prosper
because
while
Juan's
act
in
selling
theY
before
the
expiration
of
the
lease,
A
died.
A's
pants.
Must
B
pay
A
for
his
lost
pants?
Domingo
v. Races
401
SCRA
197,alternative,
[2003]).
1357
New
Civil
In benefit.
the
he
held
in
trust
forCode].
Juana's
Juana may
is
executed;
repurchase
was
granted
after
the
absolute
Compromise
Agreement,
she
was
given
the
The
between
AItand
B
is have
aRealty
salethe
not
an
othercontract
lot
was
wrongful.
did
not
sold
the
property
to the
Visorro
Corp.
Assignment
of Credit
vs.
Subrogation
(1993)
Why?
(5%)
Thus,
absent
any
showing
that
RR
knew
can recover
the
amount
of
Two
million
pesos
claim
actual
or
damage
for
thea deed
4
When
thecompensatory
purchaser
retains
for himself
of
sale
was
executed.
Following
the rule
right
of
first
refusal
which,
she
maintains
is
a
agency
to
sell
because
the
price
is
payable
by
legal effect
of forfeiting his share in the
without
notifying
Peter
a purchase
trader
from
Manila,
has
dealt
about,
or
ought
tothat
have
known
prior
sale it
(P2,000,000.00)
he
paid.the
Otherwise,
loss
ofCo,
her
share
in
the
land;
moral
damages
part
the
price;
in
Cruzo
vs.
Carriaga
(174
SCRA
330)
,
a
deed
stipulation
pour
atrui
under
Article
1311
of
B
upon 60lot.
days
from Juana
delivery
if B is
remaining
However,
caneven
file an
Ray
can
recover
moral
damages
on
the
business
with
Allied
Commodities
in
Hongkong
SUGGESTED
ANSWER:
of
the
land
to the
PP
or
that
he
acted
in
bad
faith,
would
result
in
solutio
indebiti
ortoground
unjust
for
the
mental
anguish,
anxiety,
moral
shock
5
When
vendor
binds
himself
pay the of
repurchase
executed
independently
of the
the
Civil
Code.
Is
she
correct?
unable
to
resell
it.
If
B
were
an
agent,
he
is not
action
against
Juan
for
partition
or
Juana
hasaction
no
cause
of action
against
the buyer
that
the
filed
by the
Linda
is Peter
clearly
for
five
All
through
years,
Coan deed
B is of
notsale
correct.
Her
action
cannot prosper.
and
being
first
tofeelings
register
enrichment.
wounded
shesale,
hadRR
suffered;
taxes
onyears.
the
thing
sold; the
where
the two
stipulations
are
bound
to
pay
the
price
if
he
is
unable
to
resell
termination
of
the
co-ownership
with
a
prayer
who
acquired
the
land
forwhich
value
and
in under
good
unfounded
civil
suit
falls
accumulated
an
indebtedness
of
Article
1311
requires
that
the of
third
acquired
good
and
a clean
title
to
thebe
exemplary
damage
by
way
of
example
for
the
6
In aany
other
case
where
itP500,000.00
may
fairly
found
in
two instruments
instead
oneBperson
As
athe
buyer,
ownership
passed
to
upon
ANOTHER
ANSWER:
it.
Equitable
Mortgage
that
lot
sold
be
adjudicated
to communicate
Juan,
and
faith,
relying
on(1991)
thePP
transfer
certificate
of
title
malicious
prosecution
{Ponce
v.
Legaspi,
G.R.
with
Allied
Commodities.
Upon
demand
by
its
intended
to
be
benefited
must
property
as
against
.
2. The suit
will right
prosper,
applying
the
ruling
in
common
good,
and
attorney's
inferred that
the
real
intentionfees.
of the parties is that
document,
the
of Art.
repurchase
would
delivery
and,
under
1504
of
the
Civil
On
20
December
1970,
Juliet,
aAllied
widow,
the
remaining
lot be
adjudicated
and
showing
that
Juan
is the
registered
owner of
No.
79184,
May
6,1992).
agent
in
Manila,
Peter
Co
paid
his
acceptance
tooption
the for
obligor
before
the
Imperial
vs.
CA
cited
above.
Both
law
and
the
transaction
shall
secure
the
payment
of
a
debt
amount
only
to
one
granted
by
the
Code,
the
thing
perishes
the
owner.
Hence,
Contract
to
Sell
(2001)
ANOTHER
borrowed
from
Romeo
P4,000.00
and,
as Upon
reconveyed
toThere
her. is no showing that B
the
land.ANSWER:
Commodities
by
check
the
amount
owed.
revocation.
equity
authorize
such
a result,
said the cannot
or
performance
of any
other
obligation.
buyer
thepay
seller.
Since
the contract
B
mustto
still
the
price.
1. the
Under
Article
476
Civil
Code,
Arturo
gave
a the
receipt
which
security
therefore,
sheof
executed
deed ofJuana
deposit in
the Richard
payee's
account
in aManila,
the
manifested
her
acceptance
to
Y atthe
any
time
Contract
of Court.
Sale;
Marital
Community
Property;
Formalities
Supreme
be
upheld
as
a
contract
of
sale
with
right
can
file
an
action
for
quieting
of
title
as
there
states:
Receipt
Received
Richard
down
mortgage
over
onefrom
of her
two
(2)as
registered
check
was
dishonored
for
insufficiency
of
before
the
death
of
A
and
before
the
sale.
Strictly
speaking,
that her
(2006)
to
repurchase,
Art.Juana's
1602 ofcontention
the Civil Code
on
is
awhich
cloud
in
title
to Corolla
the
subject
real
payment
myainthe
1995
Toyota
withAllied
plate
lots
has
market
value
ofofP15,000.00.
funds.
Forfor
and
consideration
P1.00,
Hence,
B
cannot
enforce
any
right
under
the
brother
had
forfeited
his
share
in
the
second
Spouses
Biong
and
Linda
wanted
to
sell
their
equitable
mortgage
will
not
apply.
The
rule
property.
Second,
can also file
an action
Double
Sales
(2001)
No.
XYZ-1
23..............
The
document
andJuana
the P50.000.00
certificate
of Hadji
title
ofButu
the
Commodities
assigned
the credit to
alleged
stipulation
pour
atrui.
lot is incorrect.
Even
theiftwo
lots
have
the
house.
They
found
aif prospective
buyer,
Ray.
could
have
different
both
deeds
for damages
Juan, because
the settled
On June
15,been
1995,
Jesus sold
a parcel
ofwere
property
wereagainst
delivered
Romeo.
who brought
suit
againstto
Peter
Co in the RTC
same
area,
it
does
not
follow
that
they
have
Linda
negotiated
with
Ray
for
the
sale
of
the
executed
on
the
same
occasion
or
date,
in
rule2 is
that
the Juliet
proper recourse
of the true
On
June
1971,
an additional
registered land to Jaime. On June 30, 1995, he
of Manila
for
recovery obtained
of the amount
owed.
the
same
value.
Since
the
sale
of
the
first
lot
property.
They
agreed
on
a
fair
price
of
P2
which
case,
under
the
ruling
in
spouses
Balance
payable:
12/30/01........
P50
owner
of
the property
who was
prejudiced
sum
ofCo
P3,000
Romeo.
Oncomplaint
this
date, and
B. If the
I were
to land
decide
favor
of Romeo
and Y,
sold
same
to in
Jose.
Who
has a better
Peter
movedfrom
to dismiss
the
on
the
Torrens
title
in
the
name
of
Juan
was
Million.
Ray
sent
Linda
a
letter
confirming
his
Claravall
v.
CA
(190
SCRA
439),
the
contract
000.00
fraudulently
dispossessed
of
the same ofisa to
however,
Romeo
caused
thethat
preparation
I would
uphold
the validity
of the ahead
promise
right
if: not
a) the
first sale
is registered
of
against
him
on 2001.
the
ground
Hadji Butu was
valid,
all
that
Juana
may
recover
is the
value
of
intention
tosustained
buy
the
property.
Later,
another
September
15,
may
still
be
as
an
equitable
bring
anabsolute
action
for
damages
against
those who
with
knowledge
of
the
latter.
Why?
(3%)
b)
the
deed
of
sale
of
the
above
property,
to
to
sell,
so
as
to
enforce
it
by
an
action
for
the
second
sale,
not
a
real
party
in
interest
and,
therefore,
her
undivided
interest
therein,
plus
damages.
couple,
Bernie
and
Elena,
offered
a
similar
SUGGESTED
mortgage,
given
the circumstances
expressed
causedJuliet
orANSWER:
employed
the
same. without
Third, since
second
is registered
of the
first
which
affixed
herto
signature
first
specificsale
performance.
Theahead
promise
to
sell
without
legal
capacity
sue and
that
had
In
addition,
she
ask
for
partition
or
No,
Co'shad
defense
will
not
Thishe
isinnot
a
house
at
aknowledge
lower
price
ofmere
Pright
1.5
Million.
But Ray
(Sgd.)
Does
thisshare
receipt
in
Art.
1602.
Thecan
reserved
to repurchase
with
of
the
latter?
Why?
Juana
the Arturo
right
toprosper.
her
the
sale,
reading
the
document.
The
consideration
would
only
amount
to
a
offer
and,
not agreed
to a subrogation
of
creditor.
Will
reconveyance
of
her
undivided
interest
the
case
of
subrogation,
but
an
assignment
of
insisted
on
buying
the
house
of
Biong
and
evidence
a
contract
to
sell?
Why?
(5%)
is
then
deemed
an enforceable
original intention.
SUGGESTED
ANSWER:
(5%)
property is
byP7,000.00.
way of She
inheritance,
shethis
can
indicated
thought
that
therefore,
it is not
unless it in
was
Peter
Co's
defense of absence
of agreement
to
SUGGESTED
ANSWER:
second
lot,
without
prejudice
to
any
credit.
ASSIGNMENT
OF
CREDIT
is
the
Linda
for
sentimental
reasons.
Ray
prepared
(a)
The
first
buyer
has
the
better
right
if
demand the
ofthe
thefirst
thing
owned
document
waspartition
similar
to
she seller
signed. in
sought to be
exercised before a withdrawal his
or a
ANSWER:
a subrogation
of
creditor
prosper?
It
is a contract
of
sale
because
the
However,
since
the
farmland
was
sold todid
an ALTERNATIVE
agreement
between
them
that
in
lieu
of
the
process
of
transferring
the
right
of
the
deed
of
sale
to
be
signed
by
the
couple
and
a
sale
was
first
to
be
registered,
even
though
Even
assuming
the
facts
given
at
the
end
of
common,
Article
494
of
the
Civil
When
she under
reached
home,
herhe
son
X,fully
afterCode,
denial
2.
The thereof.
suit will not prosper, since Juan's
not reserve
ownership
was
innocent
purchaser
for until
value,
then
Juana paid.
has
no the
payment
of
the
value
of
Juana's
share
in
the
assignor
to
the
assignee.
The
assignment
may
manager's
check
for
P2
Million.
After
receiving
first
buyer
knew
of
the
second
sale.
The
case,
there
would
have
been
no
separate
and askthethat
the title
to the
the
remaining
reading
duplicate
copy of
deed,
wrongful act of pocketing the entire proceeds
cause
of either
action gratuitously
against the buyer
consistent
first
lot
and
the
lot
beThe
be
done
or
onerously,
in awith fact
the
P2
Million,
Biong
signed
deed
of
sale.
that
he
knew
of lot
theissecond
second
sale
at
the
consideration
for
such
promise
sell.
property
be
declared
as
exclusively
hers.
informed
her
that
what
she
signed
was
not
of
the
sale
ofdamages,
the
first
notthe
atoground
for
Contract
to Sell the
vs. Contract
of Sale
the
established
rule
that
the (1997)
rights
ofeffect
an innocent time
reconveyed
to
her.
which
case,
assignment
has
an
However,
Linda
was
not
able
to
sign
it
because
of
his
registration
does
not
make
him
as
contract
would
at
most
amount
to
an
option
mortgage
but
a deed
ofmust
absolute
sale.
On legal
theand divesting him of his rights as a co-owner of the
State the
basic
difference
(only
in
their
purchaser
for ofvalue
be
respected
similar
to
that
a
sale
(Nyco
Sales
Corp.v.BA
she
was
abroad.
On
her
return,
she
refused
acting
in
bad
faith
because
the
sale
to
him
which
again
may
not
be
the
basis
for
an
action
following
day,
3 June
1971,the
Juliet,
accompanied
secondthe
lot. Indeed,
such wrongdoing
by Juan to
suit
prosper?
Explain.
effects) Between
aNo.71694.
contract
to
sell,
on1991
the 200
oneby Will
protected
notwithstanding
fraud
employed
Equitable
Mortgage
vs.
Sale
(2005)
Finance
Corp.
G.R
Aug.16,
sign
the
document
saying
she
changed
her
was
ahead
in
time,
hence,
has
a
priority
for
specific
performance.
by
X,
went
to Romeo
and
demanded
theCA, (2.5%)
ALTERNATIVE
ANSWER: for the benefit of Juana, in
does not constitute,
hand,
and in
aback
contract
ofhis
sale,
on
the other.vs.
the
seller
securing
title.
(Eduarte
On
July
14,
2004,
Pedro
executed
in
favor
of
SCRA
637).
As
a
result
of
the
assignment,
the
mind.
Linda
filed
suit
for
nullification
of
the
right.
What
creates
bad
faith
in
the
case
of
reformation
it, Romeo prepared and signed a
any of the modes of acquiring ownership
ADDITIONAL
ANSWER:
SUGGESTED
ANSWER:
253
SCRA
391)
Juan
a
Deed
of
Absolute
Sale
over
a
parcel
of
plaintiff
acquired
all
the
rights
of
the
assignor
deed
of
sale
and
for
moral
and
exemplary
double
sale
of
land
is
knowledge
of
a
previous
document wherein, as vendee in the deed of
under Art. 712, Civil Code. Page 93 of 119
land covered
by TCT
including
right to sue
his ownand
name
as
damages
against
Ray.No.
sale.
sale abovethe
mentioned,
he in
obligated
bound
the
legal
assignee.
In
assignment,
the
debtor's
himself to resell the land to Juliet or her heirs
consent
is not essential
for the
validity of the
and successors
for the same
consideration
as
assignment
reflected in the deed of sale (P7,000) within a
SALES
period of two
a) Article 1592 of the Civil Code does not apply to a

conditional sale. In Valarao v. CA, 304 SCRA
and delivery to be made on 01 February 2002.
155, the Supreme Court held that Article 1592
It was stipulated that if payment were not to be
applies only to a contract of sale and not to a
made by Y on 01 February 2002, the sale
Deed of Conditional Sale where the seller has
between the parties would automatically be
reserved title to the property until full
rescinded. Y failed to pay on 01 February 2002,
payment of the purchase price. The law
but offered to pay three days later, which
SUGGESTED
applicableANSWER:
is the Maceda Law.
payment X refused to accept, claiming that
b) No, the vendor cannot rescind the contract
SUGGESTED
ANSWER:
their contract
of sale had already been
No, X is not correct. In the sale of immovable
under the circumstances. Under the Maceda
rescinded. Is Xs contention correct? Why? 5%
property, even though it may have been
Law, which is the law applicable, the seller on
stipulated, as in this case, that upon failure to
installment may not rescind the contract till
pay the price at the time agreed upon the
after the lapse of the mandatory grace period
rescission of the contract shall of right take
of 30 days for every one year of installment
place, the vendee may pay, even after the
payments, and only after 30 days from notice
expiration of the period, as long as no demand
of cancellation or demand for rescission by a
for rescission of the contract has been made
notarial act. In this case, the refusal of the
upon him either judicially or by a notarial act
seller to accept payment from the buyer on the
(Article 1592, New Civil code). Since no
49th month was not justified because the
demand for rescission was made on Y, either
buyer was entitled to 60 days grace period
ANOTHER SUGGESTED ANSWER:
judicially
or by a notarial
act,not
X cannot
refuse
and the payment was tendered within that
This is a contract
to sell and
a contract
of
to
accept
the
payment
offered
by
Y
three
period. Moreover, the notice of rescission
absolute sale, since as there has been no (3)
days
after
of the
period.
served by the seller on the buyer was not
delivery
ofthe
theexpiration
land. Article
1592
of the New
effective because the notice was not by a
Civil code is not applicable. Instead, Article
notarial act. Besides, the seller may still pay
1595 of the New Civil Code applies. The seller
within
30 days
such notarial notice
Maceda Law;
Recto from
Law (1999)
has two alternative remedies: (1) specific
before
rescission
may be
effected.and
All "Recto"
these
What are
the so-called
"Maceda"
performance, or (2) rescission or resolution
requirements
for a with
validsales
rescission
were not
ALTERNATIVE
ANSWER:
laws in connection
on installments?
under Article
1191 of the New Civil code. In
Yes, the contract was automatically rescinded
complied
with important
by the seller.
Hence,
Give the most
features
of the
each law.
both remedies, damages are due because of
upon Ys failure to pay on 01 February 2002.
rescission
is invalid.
SUGGESTED ANSWER:
(5%)
default.
By the express terms of the contract, there is
The MACEDA LAW (R.A. 655) is applicable to
no need for X to make a demand in order for
sales of immovable property on installments.
rescission to take place. (Article 1191, New
The most important features are (Rillo v. CA,
Angeles
35 Suria
SCRA v.
102
Civil Code,
IAC 151 SCRA 661 [1987];
(1) After
247
SCRAhaving
461): paid installments for at least
[1970]).
U.P.
v.
de
los
two years, the buyer is entitled to a mandatory
Maceda Law (2000)
grace period of one month for every year of
Priscilla purchased a condominium unit in
installment payments made, to pay the unpaid
Makati City from the Citiland Corporation for a
installments without interest.
price of P10 Million, payable P3 Million down
If the contract is cancelled, the seller shall
and the balance with interest thereon at 14%
refund to the buyer the cash surrender value
per annum payable in sixty (60) equal monthly
equivalent
fiftyforegoing
percent (50%)
the total
"In any of tothe
cases,ofany
money,
installments of P198,333.33. They executed a
payments
made, benefit
and after
years of by the
fruits, or other
to five
be received
Deed of Conditional Sale in which it is
installments,
an
additional
five
percent
(5%)
vendee as rent or otherwise shall be
stipulated that should the vendee fail to pay
every
year
but
not
to
exceed
ninety
percent
considered as interest which shall be subject
three (3) successive installments, the sale shall
(90%)
of
the
total
payments
made.
to the usury laws."
be deemed automatically rescinded without the
(2)
In case
the states
installments
paid were
less of
Article
1604
that "the
provisions
necessity of judicial action and all payments
than
2
years,
the
seller
shall
give
the
buyer
a
article 1602 shall also apply to a contract
made by the vendee shall be forfeited in favor
grace
period
of
not
less
than
60
days.
If
the
purporting to be an absolute sale."
buyer
fails to pay
theand
installments
at thetwo of the vendor by way of rental for the use and
For Articles
1602
1604 todue
apply,
occupancy of the unit and as liquidated
expiration
of theconcur:
grace period,
sellerentered
may
requisites must
1) thethe
parties
cancel
contract
after 30 days
receiptof damages. For 46 months, Priscilla paid the
into a the
contract
denominated
as from
a contract
by
theand
buyer
the intention
notice of cancellation
or an monthly installments religiously, but on the
sale;
2) of
their
was to secure
47th and 48th months, she failed to pay. On the
G.R.
No.for
152168,
December
10,
demand
rescission
by
act. (Heirs
The
existing
debt
by way
of notarial
mortgage.
of
2004)
49th month, she tried to pay the installments
RECTO
Balite
v. LAW
Lim, (Art. 1484} refers to sale of
In
the given
case,
although Pedro
retained
due but the vendor refused to receive the
movables
payable
in installments
and limiting
possession
the in
property
lesseebyafter
payments tendered by her. The following
the right of of
seller,
case ofas
default
the the
execution
of
the
Deed
of
Sale,
there
is
no
month, the vendor sent her a notice that it was
buyer, to one of three remedies: a) exact
showing
that
the
intention
of
the
parties
was
rescinding the Deed of Conditional Sale
fulfillment; b) cancel the sale if two or more
to secure an have
existing
pursuant to the stipulation for automatic
installments
notdebt by way of mortgage.
Hence, the complaint of Pedro should be
rescission,ANSWER:
and demanded that she vacate the
SUGGESTED
Immovable Property; Rescission of Contract (2003)
dismissed.
premises. She replied that the contract cannot
Page 94 of 119
be rescinded without judicial demand or
notarial act pursuant to Article 1592 of the
Civil Code. a) Is Article 1592 applicable? (3%)
b) Can the vendor rescind the contract? (2%)
CIVILCIVIL
LAWLAW
Answers
Answers
to thetoBAR
the BAR
as Arranged
as Arranged
by Topics
by Topics
(Year(Year
1990-2006)
1990-2006)
SUGGESTED
and absolute
for
his
contributed
Nestor
property.
fundamental
filed P5,000,000.00
an
sale,
Upon
action
breach
Simeon
the for
facts
tosuddenly
specific
provided
warrant
given,performance.
that
the
has resolution
lessor
athe
change
building
May
phenomenon
sublessee
Will
of
Adela
can
still
invoke
exercise
still
unpredictable
her
right
right
superior
ofindespite
redemption?
to payment
that
theof hisof
A,
and
thatANSWER:
heare
has
notno
been
remiss
the
1)
A
exercise
his
rightisof
repurchase
science,
sublessor,
the
the
phenomenon
moment
the
issublessor
considered
duly
unforeseen.
ousted from the
Option
Contract
(2002)
claiming
whole
action
contract
prosper
would
of
that
lease
be
the
orcomplied
leased
specially
not?
dealWhy?
to
is with
so
disadvantageous
him
(5%)
when
(B) commitment
the
for a
delay
period
to
(5%)
Will
thecan
action
prosper?
(3%)
heart,
had
as
the
a sufficiently
his
Explain.
rent.
advances
in
premises, four
sublessee
has no
leg tothe
on. The
within
(4)
years
from
date
ofsublessee's
the
SUGGESTED
SUGGESTED
ANSWER:
Explainthethe
nature
of
an stand
option
contract.
him
of
was
ten
as
due
years
he
toANSWER:
has
the
from
found
heavy
January
out
paperwork
that
1.
thein
property
to
processing
December
can
to
give
the
lessee
a right
of 1985
first
refusal
when
right, ifAdela
any,
is to
demand
reparation
for damages
from his
No,
the
action
will
not
prosper.
The
implied
Yes,
the
action
may
still
will
exercise
prosper.
her
Under
right
ofArticle
contract
(Art.
1606,
Civil
Code).
SUGGESTED
ANSWER:
Leasee
&
Lessor;
Rights
and
Obligations
(1990)
(2%) should the latter be at fault.
fetch
31,
the
checks.
1995
three
attoa
time
rental
theof
agreed
P100,000.00
purchase
year.
price.
To sublessor,
he
offered
sell
the
property
to the alessee
for
SUGGESTED
ANSWER:
An
OPTION
CONTRACT
is
one
granting
renewal
of
the
lease
on
a
month-to-month
redemption
1651
of
the
notwithstanding
Civil
Code,
the
sublessee
the
lapse
is
ofbound
more
SUGGESTED
ANSWER:
A
vacant
lot
several
blocks
from
the
center
of a
Bert
such
seeks
condition,
specific
Awas
agreed.
performance
On price
December
but he
Simeon
P5
Million,
which
the same
got20,
in
2}
Itown
would
advise
Bnotice
to
file
an
action
for
2)
a)
No.
Sublease
is
different
from
privilege
to
buy
or
sell
within
an
agreed
time
basis
did
not
have
the
effect
of
extending
the
than
to
the
30
lessor
days
for
from
all
acts
which
of
the
refer
sale
given
to
the
to
use
the
was
leased
by
its
owner
to
a
young
(Heirs ofSevilla v. Court of Appeals G.R. No.
contends
1990,
the
that
building
he has
wasmerely
totallygiven
burned.
Bertright
Soon
an
selling
it to
Santos.
He
certainly
had the
consolidation
offor
title
and
aleased
judicial
assignment
oflessee's
lease.
Sublease,
not
being
atFebruary
a Article
determined
price.
It
must
be
life
of the
option
tonothing
purchase
which
expired
at
her
and
because
preservation
of
the obtain
of
thing
the
New
Civil
in
the
businessman
B
a1623
term
of
fifteen
(15)
years
49823,
26,
1992).
option
thereafter,
tothe
buy
A's
and
workers
cleared
more,
the
and
debris
offers
and
to
to treat
counter-offer
of
a lesser
order
of
consolidation
which
must
be recorded
prohibited
by
the
contract
of
lease
is
therefore
supported
by aagreement
consideration
distinct
from
the
endthe
of
original
lease
period.
lessor
Code
requires
stipulated
that
between
the notice
the
in
lessor
writing
and
of the
the
B.
Will
Berts
action
specific
performance
renewal
upon
of the
parties.
After
return
started
construction
option
money
offor
awhich
new
building.
Bert
refuses
to
amount
as the
a rejection
of
his
offer
toThe
sellB
atthen
P5 manner
in
the
Registry
of
Property
(Art.
1607.
Civil
Sublease;
Validity;
Assignment
of
Sublease
(1990)vendor
allowed
and
be
invoked
as a
ground
to
price.
(Art.
1479
and
1482,
NCC)
is
correct
in cannot
refusing
to
sell
the
ground
that
sale
must
come
from
the
prospective
prosper?
Explain.
taking
possession
of the
lot,
the lessee
built or
accept.
served
notice
upon
A
that
heonwould
occupy
the lessee.
Million.
Thus,
he(4%)
was
free
to
find
another
Sublease;
Delay
in
Payment
of
Rentals
(1994)
Code).
Option
Contract;
Earnest
Money
(1993)
A
leased
a
parcel
of
land
to
B
for
a
period
cancel
the
lease,
C.
May
Simeon
justify
his
refusal
to
proceed
the
option
had receipt
expired.
as
the case of
may
be. In
this case,
the
thereon
a
building
mixed
materials
and
a of
building
being
constructed
uponunacceptable
completion, vendor
buyer
upon
of such
Transfer
of Ownership;
Non-Payment
of the
Price
(1991)
Sublease
vs. ANSWER:
Assignment
of Lease;
of deal
Contract
b)
No,the
the
lessorbycannot
haveRescission
the lease
In
January
1993,
Four-Gives
Corporation
LT
applied
with
BPI
to
purchase
a
house
and
two
years.
The
lease
contract
did
not
contain
SUGGESTED
with
sale
the
fact
that
the
is
notice
of
the
sale
was
given
by
the
vendee
store.
As hisyears
passed,
he
expanded
hisand
for
the unexpired
portion
of the lease term, ALTERNATIVE
counter-offer
(Art. 1319.
NCC).
Pablo
sold
car
to
Alfonso
who
issued
a
ANSWER:
(2005)
Yes,
the answer
will violation
be the to
same.
action any
cancelled
for
alleged
ofhim?
the The
provision
leased
the
entire
twelve
floors
of
the
GQS
lot
in
Quezon
City,
one
of
its
acquired
assets.
express
prohibition
against
the
financially
disadvantageous
Explain.
the
Register
of
Deeds.
The
period
of
30
days
business,
earning
more
profits.
By
the tenth
explaining that he had spent partly for the Adela
can
no
longer
exercise
her
right
of
postdated
check
infor
full
payment
therefor.
will
Under
notaassignment.
prosper
written
because
dated
an option
December
1,
against
The lessee
did
not must
assignbe
SUGGESTED
ANSWER:contract
Towers
Complex,
a
period
of
ten
years
at
a
The
amount
offered
was
Pl,000,000.00
payable,
assignment
of
the
leasehold
or
the
subleasing
(4%)
never
tolled.
She
can
still
avail
of
that
right.
(10th)
year
of
his
possession,
he
able
to
construction
of the
building
that
was
burned.ofA redemption.
As
co-owner,
she
hadwas
only
30 sold
days
Before
the
maturity
of the
check,
Alfonso
B.
Yes.
Berts
A was
action
for
in
specific
rejecting
performance
the
demand
supported
by
a portion
consideration
separate
and
1989,
Victor
leased
histhereof,
land
to
Joel forwill
a
the
lease,
orcorrect
any
to
the
monthly
rental
of
P3,000,000.00.
There
is
a
as
follows:
P200,000.00
down
payment,
the
of
the
leased
premises.
During
the
third
year
a three
(3)-story
building
worth
at least
rejected
B's
demand.
Did destruction
A
has aa right
in build
the
time
she
received
written
ofdays
thethe
car
to
Gregorio
who
later
sold
itnotice
to
prosper
B.
As aoffrom
result
because
of years
the
there
total
was
binding
of case
the
distinct
period
five
(5)
purchase
at a price.
monthly
In rental
this
of
subsidiaries.
Itthe
merely
subleased
some
floors
to from
provision
in
the
contract
that
the
balance
of
P800,000.00
payable
within
90
of
lease,
BBefore
subleased
the
land
to
C.monthly
In
P300,000.00.
the
end
of
the
term
ofturn,
the
rejecting
B's
demand?
the
sale
which
in
this
case
took
the
form
of
a
Gabriel.
When
presented
for
payment,
the
agreement
building
byto
of
fortuitous
sale,
notconsideration.
just
event,
an
the
lease
contract.
there
is no
separate
Therefore,
Pl,000.00,
beSince
increased
tooption
Pl,200.00
and
its
subsidiaries.
the
problem
does
notwas
rentals
should
be
paid
within
the
first
five
days
from
June
1,
1985.
BPI
accepted
the
offer,
C,
without
A's
consent,
assigned
the
sublease
lease,
B
negotiated
with
the
landowner
for
its
copy
of
the
deed
of
sale
being
given
to
her
check
bydrew
Alfonso
wasfor
dishonored
byMay,
the
The
extinguished.
sale
(Art.
perfected
1655,
upon
Code.)
acceptance
by
the option
Pl,500.00
may
oncontract
be
thewithdrawn
third
and
by
Ubaldo
fifth aat
year,
any
state
that was
the
of Civil
lease
contains
of
theAissued
month.
For
month
ofP200,000.00
March,
whereupon
LT
atheir
check
for
in
to
D.
then
filed
anthe
action
the
rescission
of
renewal,
but
despite
attempts
do so,
Implied
Newof
Lease
(1999)
(Conejero
v.BPI
CA,
16
SCRA
775
[1966])
.thereafter
The
law
drawee
bank
for
the
reason
that
he, to
Alfonso,
Simeon
10%
ofsublease,
the agreed
price. is
This
time. (Art.
1324,
respectively.
OnNCC)
January
1, sublease
1991,
Joel
prohibition
against
the
June,
October
and
December
1993,
the
rentals
favor
of
which
the
latter
the
contract
of
lease
on
ground
that
B
has
they
could
not
agree
onaccount
the neweven
conditions
for
Right
of First
Lessee;
Effect
(1998)
Under
what
circumstances
implied
does
not
prescribe
any
particular
form
of being
had
already
his
before
he
amount
isRefusal;
in
really
earnest
money
which,
subleased
the
land
tothat
Conrad
aanperiod
of
lawful,
the
rule
being
in would
thefor
absence
of an
were
notthe
paid
on
some
rentals
deposited
inclosed
its time
account.
On September
5,
violated
terms
andwith
conditions
ofthe
the
lease
the
renewal.
Upon
the
expiration
of
term
In
20-year
lease
contract
over
asublet
building,
the
(a)
B's LT
sublease
to
On
31,
1992,
Joel
assigned
the
lease
new
lease
or
a atacita
reconduccion
arise?
written
notice,
nor
any
distinctive
method
for
issued
his
check.
Pablo
sued
to
recover
the
car
under
Art.
1482,
shall
berental
considered
as
part
twoaDecember
(2)
years
at
monthly
of
Pl,500.00.
express
prohibition
a lessee
may
the
delayed
up
to
ten
days.
The
delay
was
due
to
1985,
wrote
BPI
requesting
extension
until
agreement.
If
you
were
the
judge,
how
would
of
the
lease,
the
landowner
asked
B to
vacate
SUGGESTED
ANSWER:
Four-Gives
Corporation
also
subleased
five
ofthe
(b)
C's
assignment
ofwithin
the
lessee
is
expressly
granted
a acted
right
of
C?
and
to
hisleased,
compadre,
who
on first
the
(2%)
the
redemptioner
(Etcuban
v.
CA,
148
from
Gabriel
alleging
that
he
(Pablo)
had
been
of
the
price
and
asErnie,
proof
the
perfection
of notifying
thing
in whole
or inof
part,
without
the
heavy
paper
work
involved
inwith
processing
October
10,
1985
which
to
pay
you
decide
the
case,
particularly
respect
SUGGESTED
ANSWER:
the
premises
and
remove
his
building
and
An
implied
new
lease
or
tacita
reconduccion
Sublease;
Sublessee;
Liability
(1999)
the
twelve
floors
to
wholly-owned
subsidiaries.
sublease
to
D?
refusal
should
the
lessor
decide
to
sell
both
belief
that
Joel
was
the
rightful
owner
and
SCRA
507
[1987]).
So
long
as
the
unlawfully
deprived
of
it
by
reason
of
Alfonso's
the
contract.
(Topacio
v.
CA,
211
SCRA
291
prejudice to his/its responsibility to the lessor
the
checks.
balance,
to which
agreed.
On October
5,
to
the
validity
of:notBPI
No.
suit
will
prosper
because
Pablo
other
improvements.
B refused
unless
he
was
arises
if Villongco
atand
the
endjustify
of the
thehis
contract
the
lessee
C. Simeon
cannot
refusal
to
May
a lessee
sublease
property
The The
lease
contract
expressly
prohibits
the
the
land
building.
the
lessor
possessor
of
the
said
lot.
Joel leased
hasproceed
been
redemptioner
was
informed
in
writing,
he
has
deception.
Will
the
suit
prosper?
[1992];
Realty
v. Bormaheco,
65
for the
performance
of theHowever,
contract.
1985,
due
to
the
expected
delay
in
the
was
not
unlawfully
deprived
of
the
car
reimbursed
forthe
necessary
and useful
expenses.
should
continue
enjoying
the
thing
leased
for
with the
the
sale
by
the
fact
that
the
deal
is no
without
the
consent
of
lessor,
and
what
are
assignment
of
lease
contract
or any
sold
property
to
a the
third
person
who
knew
faithfully
paying
the
stipulated
rentals
to
cause to complain
(Distrito
v.
CA,
197
SCRA
SCRA
352
[1975]).
remittance
of hethe
needed
amount
by
his
although
he
was
unlawfully
deprived
ofbuilder
the
B
claimed
that
was
a
possessor
and
15
days
with
the
acquiescence
of
the
lessor,
financially
disadvantageous
to
him.
Having
the
respective
liabilities
of
the
lessee
and
subSUGGESTED
ANSWER:
portion
thereof.
The
rental
value
of
the
about the
lease
and learned
in fact agreed
respect
Victor.
When
Victor
on Mayto18,
1992
606,
609
[1991])
.
In
fact,
in
Distrito,
a
written
financier
from
the
United
States,
LT
wrote
BPI
price.
The
perfection
of
the
sale
and
the
in good
faith,
with
right
of50%
retention.
This
issue
and
unless
a lessor
notice
to
the
contrary
by
either
made
ato
bad
bargain
is
not
abrings
legalsublease?
ground
for notice
a)
B has
the
right
to
remove
the
building
and
lessee
the
inand
case
of
such
building
has
by
since
its
lease
it.
Consequently,
the
lessee
an
about
the
sublease
assignment,
heaction
sued
was
held
unnecessary
where
the
corequesting
aincreased
last
extension
until
October
30,
Right
ofimprovements
First
Effect
(1996)
delivery
ofRefusal;
the
carLessee;
was
enough
to
allow
SUGGESTED
ANSWER:
is
now
before
the
court
for
resolution
in
a
parties
has
previously
been
given
(Art.
1670).
pulling
out
a
biding
contract
of
sale,
in
the
other
unless
the
landowner
(3%)
a)
Will
the
action
prosper?
If
so,
against
to
Four-Gives
Corporation.
1)
Can
the
building
against
both
the
lessor-seller
and
the
buyer
(a)
Joel, Conrad and Ernie for rescission of the
owner
had
actual
knowledge
of
thebalance.
sale,
1985,
within
which
to
pay
the
BPI
Alfonso
to
have
a
right
of
ownership
over
the
Yes,
provided
that
there
is
no
express
Ubaldo
is
the
owner
of
a
building
which
has
v.
Villa,
35
Phil
769
[1916])
,
and
no
such
pending
litigation.
a)
What
are
the
rights
of
B?
In
short,Explain.
order
that
there
maybybe
tacita
absence
of
some
actionable
wrong
the
other having
decides
to retain
the building
at being
the on
time
whom?
(2%)
owner eject
Four-Gives
Corporation
to
rescind
the
sale
and
to
compel
specific
contract
ofin
lease
and
for (b)
damages.
acted
as middleman
and
present
denied
LTs
another
had
prohibition
against
subleasing.
Under theoflaw,
been
car,
which
leased
can
byrequest
be
Remigio
lawfully
for
transferred
the
past
20
toyears.
wrong
SUGGESTED
hasANSWER:
been
committed
by
Bert.
b)
What
are
the
rights
ofbecause
the
landowner?
reconduccion
there
must of
be
expiration
party (Vales
the
termination
of
the lease
and
pay
the
lessee
grounds
of
the
repeated
delays
in
the
payment
performance
of
his
right
first
refusal in the
the
when
the
vendor
signed
the
deed
of
sale.
offered
to
buy
the
same
property
for
Yes, the
of for
rescission
ofthings
the contract
of
SUGGESTED
ANSWERS:
Gregorio.
applies
only
to
a person
when
in action
the contract
of lease
there is
Ubaldo
has
repeatedly
Remigio
that
if
contract;
must
be of
continuation
of
one-half
ofArt.
the
value
of assured
the
improvements
atfor
of the rent?
2}559
Can
the
building
owner
ask
sense
that there
the lessor
should
be ordered to
P1,500,000.00.
BPI
cancelled
its
agreement
1)
a)
The
"repeated
delays"
in
the
payment
of
lease
and for
damages
will
prosper.
Under
Article
Redemption;
Legal;
Formalities
(2001)
no
express
prohibition,
the
lessee
may
sublet
he
who
should
is
in
possession
decide
to
sell
in
good
the
building,
faith
of
the
he
will
possession
for
15
days
or
more;
and
there
that
time. The lessee
remove
building
the cancellation
of themay
contract
forthe
violation
of
execute
a deed
of
absolute sale in favor of the
with
LT
and
offered
to
return
to
him
the
Lease
of
Rural
Lands
(2000)
rentals
would,
at
best,
be
a
slight
or
casual
1659
of
the
Civil
Code,
"if
the
lessor
or
the
lessee
Betty
and
Lydia
were
co-owners
oftoa his
parcel of
property,
andthe
notprincipal
to the
thereof.
the
thing
leased
without
prejudice
give
Remigio
the
right
ofowner
first
refusal.
On June
must
be
no
priorsame
demand
to vacate.
even
though
thing
may suffer
the provision
against
assignment?
lessee
at
the
price.
defendants
Non-payment
ofproblem,
the
price
in
athe
contract
of
sale
amount
of
P200,000.00
that
LT
had
paid
tofor
it.
In
1995,
leased
the
rice The
land
Narding
should
notMark
comply
with
obligations
forth
in
breach
which
does
not
furnish
a ground
SUGGESTED
ANSWER:
land.
Last
January
31,
2001,
when
she
paid
responsibility
for
the
performance
ofofset
the
30, 1994,
Alfonso,
inUbaldo
the
informed
was
Remigio
owner,
that
and,
he
damage
but
B
should
not
cause
any
more
contend
that
the1657,
plaintiff
can
neither
seek
does
not
render
ineffective
the
obligation
to
On
October
20,
1985,
upon
receipt
of
the
The
action
filed
by
the
lessee,
for
both
in
Nueva
Ecija
for
an
annual
rental
of
Articles
1654
and
the
aggrieved
party
may
ejectment
especially
because
the
delays
were
her
real
estate
tax,
Betty
discovered
that
Lydia
hence,
Gabriel
acquired
the title
the
car.is
contract toward the lessor. [Art, 1650) In case
was willing
to
sell
theproperty
building
fortoP5
Million.
impairment
upon
the
leased
than
rescission
of the
the offending
saleofInnor
compel
specific
deliver.
obligation
tofrom
deliver
thing
isthere
amount
of
P800,000.00
his
US
financier,
rescission
of
sale
and
ask
foraher
rescission
the
contract
and
P1,000.00
per
hectare.
1998,
due
tospecific
the10,
El
SUGGESTED
ANSWER:
only
dueThe
to
heavy
paper
work.
Note
that
had sold
share
to the
Emma
on November
there
is
sublease
of
premises
being
The
following
day,
Remigio
sent
aaletter
to
necessary.
The
claim
of
B
that
he
was
a
performance
of
a
"mere"
right
of
first
refusal.
different
from
the
obligation
to
pay
its
price.
BPI
is
correct
in the
canceling
contracta
LT offered
to
pay
the
amount
bythe
tendering
performance
offor
thedamages,
right
of harvest
first
refusal
which
indemnification
ortoonly
theto
latter,
Nino
the
only
was
notnot
even
demand
payment
2000.phenomenon,
The
following
day,
Betty
offered
to
leased,
the sublessee
is rice
bound
thefell
lessor
for
Ubaldo
offering
to buy
building
atobviously
P4.5
possessor
andabuilder
in for
good
faith
with
the
Decide
the
case.
[5%]
EDCA
Publishing
Co.
v. Santos
(1990)
with
LT.
In
Lina
Topacio
vbut
Court
ofweek
Appeals
and
SUGGESTED
ANSWER:
cashier's
check
therefor
which
BPI
refused
was
allowing
violated,
theRealty
contract
should
prosper.
to
remain
in
ruling
force."
in
Article
Equatorial
Development,
Inc.
vs.
Mayfair
40%
ofacts
the
average
harvest
for
the
previous
because
the
delay
lasted
for
only
a
few
redeem
her
share
from
Emma,
but
the
latter
all
the
which
refer
to
the The
use
and
Million.
Ubaldo
did
not
reply.
One
later,
right
of
retention
is
not
tenable.
B
is
not
a days
Transfer
of
Ownership;
Risk
of a
Loss
(1990)
b)
The
landowner/lessor
may
refuse
to 3.end
BPI
Investment
(G.
R
No.
102606,
July
1993,
1649
ofMark
the
same
provides
"the
lessee
to
accept.
LT
then
filed
complaint
against
BPI
Theater,
Inc.
(264
SCRA
483),
athe
case
with
years.
asked
Narding
for
a redeem
reduction
of
(10
days
being
the
longest),
at
the
of
replied
that
right
to that
has
preservation
ofBetty's
theCode
thing
leased
in
manner
Remigio
received
a
letter
from
Santos
builder
insecond-hand
good
faith
because
as
lessee
he does
D sold
a
car
toofEpresumably
for
P150,000.00
SUGGESTED
ANSWER:
reimburse
1/2
of
thethe
value
the
211
SCRA
291)
the
Supreme
Court
heldsold
that
cannot
assign
the
lease
without
the
consent
of
the
in
the
RTC
for
specific
performance
and
similar
facts,
sustains
both
rights
of
the
rental
to
P500.00
hectare
for
year
which
time
payments
were
made
already
prescribed.
Isper
Emma
correct
oraction
not?
stipulated
between
the
lessor
and
the that
lessee.
informing
him
that
building
has
been
not
ownership
overDthe
property
leased.
The claim
agreement
between
and
E
was
that
half
Emma,
the
buyer,
is
Betty
canknew
still the
SUGGESTED
ANSWER:
improvements
and
require
the
to
earnest
money
is amount
part
oflessee
the
purchase
lessor,
unless
there
is
stipulation
to
thesale
contrary."
deposited
in
court
the
of
P800,000.00.
because
the
buyer
inanot
the
subsequent
but
the
latter
refused.
Iscorrect.
Mark
legally
entitled
and
were
accepted.
There
was,
therefore,
Why?
(5%)
(Art.
1651}
The
sublessee
is asubsidiarily
liable
to him
by Ubaldo
for
P5
Million,
and
that
he no
No,
Mark
is
not
entitled
to
reduction.
Under
of
the
purchase
price,
or
P75,000.00,
shall
be
enforce
her
right
of
legal
redemption
as
a
coremove
the
improvements.
[Article
1678,
(Bangayan
Court
of
Appeals,
G.R.the
No.
123581,
Consent
is v.
necessary
because
assignment
would
and
is
proof
ofinthe
perfection
ofCivil
the
Is
legally
correct
canceling
its
contract
the
existence
of any
right
of first
refusal,
hence
in price
such
reduction?
(2%)
default.
Note
also
that
there
was
demand
to
the
lessor
for
rent
due
from
lessee.
willBPI
not
renew
Remigio's
lease
whenno
it expires.
ANOTHER
ANSWER:
Article
1680
of
the
Civil
Code,
the
lessee
of
a
paid
upon
delivery
of
the
car
to
E
and
the
Leasee;
Death
Thereof;
Effects
(1997)
owner.
Article
1623
of
the
Civil
Code
gives
a
Code),
August
29,
1997)
However,
the
rule
is
different
cause
novation
by
the
substitution
of
one
of
the
contract.
Secondly,
notarial
or
judicial
with
LT?
bad
faith.
made
upon
the
vacate
the premises
However,
sublessee
shall
notand
be responsible
Remigio
filed
an lessee
action to
against
Ubaldo
and
The
actionthe
rescind
sale
to the
compel
ALTERNATIVE
ANSWER:
rural
istoentitled
tothe
awritten
reduction
of
rent
balance
of P75,000.00
be
paid
in There
five
co-owner
30
days
from
notice
ofis
the
Stating
briefly
theof
thesis
to support
your
parties.
in
theland
case
of
subleasing.
When
there
no rescission
under
Art.
1592
and
1991
of the
for
non-payment
theshall
monthly
rent.
is,
beyond
the
amount
of
the
rent
due
from
him.
Santos
for
cancellation
of
the
sale,
and
to
BPI
is
correct
in
canceling
its
contract
with
LT
the
right
to
first
refusal
will
not
prosper.
(Ang
only
in the
case
of loss
of
more
than
1/2
the
b)
The
building
owner
cannot
eject
Four-Gives
equal
monthly
installments
of P15,000.00
sale by
vendor
to
exercise
his
right
ofoflegal
answer
to each
of
the following
cases,
will
the
express
prohibition
in
the
Contract
of
Lease,
the
Civil
Code
is
necessary
(Taguba
v.
de
Leon,
132
therefore,
no
cause
of
action
for
ejectment
(Art.
1652)
As
to
the
lessee,
the
latter
shall
still
compel
Ubaldo
to
execute
a
deed
of
absolute
but
BPI
must
do
so
by
way
of
judicial
Yu
Asuncion
vs.
CA,
238
SCRA
602).
The
Court
fruits through
and unforeseen
building
instead
of
aextinguish
rightto
first
will your
Corporation
on
the
ground
ofofE,
repeated
delays
each.
The
car
was
delivered
and
E paid
redemption.
In extraordinary
thethe
present
problem,
the1650,
30- SCRA
death
- from
a) of
the
lessee
therefusal,
lease
lessee
may sublet
thingfor
leased.
(Art.
arising
the
"repeated
delays".
be
responsible
to the
lessor
the rents;
bring
saleanswer
in722.)
his ANSWER:
favor,
based
onExplain.
his
right
ofCode.
first The
rescission
under
Article
1191
Civil
ruled
in a unanimous
en banc
decision
that
the
SUGGESTED
be
the
same?
fortuitous
events.
While
the
drought
brought
in
the
payment
of
rentals.
The
delay
in
the
the
amount
of
P75.000.00
to
D.
Less
than
one
day
period
for
the
exercise
by
Betty
of
her
agreement?
Civil
Code)
to
knowledge
of
the is
lessor
every
usurpation
refusal.
a)
Will
the
action
prosper?
b)
The
death
the
will
not Explain.
extinguish
law
requires
a of
judicial
action,
and
mere
notice
right
of
first
refusal
not
founded
In the
theof
given
when
assigned
the
lease
about
by
thecase,
"El
Nino"
phenomenon
may
be No.
payment
of the
rentals
iswas
minimal
and
month
thereafter,
thelessee
car
stolen
fromcannot
E's
right
redemption
had Joel
not
even
begun
toupon
run
or
untoward
act
which
any
third
person
may
If
Ubaldo
had
given
Remigio
an
option
to
ALTERNATIVE
ANSWER:
the
lease
agreement,
since
lease
is
not
of
rescission
is
insufficient
if
it
is
resisted.
The
contract
but
on
a
quasi-delictual
relationship
SUGGESTED
ANSWER:
to
Ernie,
the
same
was
done
without
the
classified
as extraordinary,
itrent.
is His
not
considered
be
made
thenobasis
suit.
The
garage
with
fault of
on an
E's ejectment
part and was
never
because
no
notice
in ofwriting
of
themore
sale
Yes, Mark
is entitled
to aor
reduction
the
loss was
have
committed
may
be
openly
preparing
to
purchase
the
SUGGESTED
ANSWER:
No,
the
action
compel
Ubaldo
to execute
Redemption;
Legal;
Formalities
(2002)
personal
in
character
and
the
right
istheis
law
also
provides
that
slight
breach
not a
covered
by
the
principles
of
relations
consent
of
Victor.
The
is void.
as
delay
was
due
to
the
heavy
paperwork
involved
recovered.
Is
Eto
legally
bound
to
pay
said
appears
to
have
given
totohuman
her
by Lydia.
thanunforeseen.
1/2 of the
fruits
andbeen
the loss
was assignment
due
an extraordinary
and
Yes,deed
E is for
legally
bound
to(Song
pay
theFo
balance
of vs,
carry
out
upon
the
leased;
the the
the
of absolute
sale
will
not
prosper.
Adela
and
Beth
are
co-owners
ofetthat
a seq.
parcel
of transmissible
to
the
heirs.
(Heirs
of
ground
rescission
Co,
and
unjust
enrichment
(Art.
19,advise
However,
there
is thing
no
unforeseen
fortuitous
event.
The
"Elindication
Nino" phenomenon
is inCivil
in
processing
the
checks.
It
would
be&otherwise
unpaid
balance
of
P75.000.00?
Explain
your
P75,000.00.
The
ownership
of
the
car
sold
owner
the
need
for
all
repairs;
to
return
the
According
to
Ang
Yu
v.
Court
of
Appeals
(238
extraordinary
because
it isher
uncommon;
it does
not
occur
with
land.
sold
undivided
share
of and
the Dimaculangan
vs. IAC,
170 SCRA
393).
Hawaiian
Phil
Co.,
47stated
Phils.
821),
Delay
inwas
the
Code).
Hence
the
only
action
that
will
prosper
writtenBeth
contract
of
lease
between
Victor
if
the lease
contract
that
in
the payment
answer.
Option
to
Buy;
Expired
(2001)
acquired
by
E
from
the
moment
it
was
regularity.
And
neither
could
the
parties
have
foreseen
its
thing
leased
upon
the
termination
of
the
lease
SCRA
602)
,
the
right
of
first
refusal
is
not
property
to
Xandro,
who Court
promptly
of
the obligation
(Art. days
1169,ofCivil
according
to the
Supreme
is an notified
"action
Joel, that
subleasing
the
premises
is fulfillment
of
rentals
within
the
first
five
the
occurrence.
event should
be
foreseeable
by
the been
parties so
that
Right
of
Repurchase
(1993)
On January
1,
1980,
Nestor
leased
the
delivered
toground
him.
Having
acquired
ownership,
just
as
heThe
received
it,
save
whatforum
has
lost
based
on
contract
but
is
predicated
on
the
Adela
of
the
sale
and
furnished
the
latter
a
Code)
is
a
to
rescind,
only
if
time
is
of
for
damages
in
a
proper
for
the
prohibited.
Hence,
the
sublease
of
Joel
with
month,
time
is
of
the
essence
or
that
the
lessee
the lessee
can change
the time
for
his B
planting,
or refrain
from
On
January
2,
Aof
and
entered
a
fishpond
ofofMario
aloss
period
of three
years
E
bears
the
risk
offor
the
of court
the
thing
under
or
impaired
by1980,
the
lapse
of
time
or sale.
byinto
ordinary
provisions
human
relations
and,
therefore,
copy
of
the
deed
absolute
When
the
essence.
Otherwise,
the
may
refuse
purpose."
Conrad
valid.
Inavoid
view
the
foregoing,
Victor
planting,
or is
take
steps
to
the of
loss.
To be
foreseeable,
the
time
will
be
in
delay
if
he
falls
to
pay
within
the
Perfected
Sale; Acceptance
Earnest
Money
(2002)
contract
whereby
Aof
sold
to
Basathe
parcel
of
land
at aviolation
monthly
rental
ofofP1,000.00,
with
anfor the
the
doctrine
resthere
perit
domino.
[Articles
wear
and
tear
or Liability
from
an
inevitable
cause;
Sublease;
Sublessee;
(2000)
and
place
of thecase
occurrence,
as
well
magnitude
of
the
its
isof
predicated
on
quasi-delict.
Xandro
presented
the
deed
for
registration,
the
rescission
if
is
a just
cause
canthefile
the
rescission
and
damages
agreed
period
without
need
of demand.
In the
this
Bert
offers
to
buy
Simeons
property
under
for
and
in
consideration
of
P10.000.00.
A
adverse
effects
of
the
fortuitous
event
must
be
capable
of
being
option
to
purchase
the
same
during
the
period
1496.
1497,
Civil
Code).
responsible
for
the
deterioration
or
loss
of
the
A
leased
his
house
to
B
with
a
condition
that
the
leased
premises
b)
In
case
of
rescission,
discuss
the
rights
Secondly,
the
right
of
first
refusal
implies
that
the
register
of
deeds
also
notified
Adela
of
the
fixing
of
a
period.
only
against
Joel
and
Ernie
but
he
cannot
case
he
can
judicially
eject
the
tenant
on
the
predicted.
Since
exact place,
exact to
time,
and
exact
following
terms
conditions:
P1that
million
reserving
tothe
himself
thethe
right
repurchase
of the
lease
for person
theand
price
of
P500,000.00.
After
thing
leased,
unless
he
proves
that
it the
took
shall
beobligations
used
for
residential
purposes
only.
B deed
subleased
theplace
and
the
parties.
(2%)
offer
of
the
in
whose
favor
sale,
enclosing
aof
copy
of
the
with
the the
include
Conrad.
ground
of
lack
of
payment
of
the
price
magnitude
of
the
adverse
effects
of
the
"El
Nino"
SUGGESTED
ANSWER:
purchase
price,
10%
option
money,
the same
balance
the
same.
were
no learningA c)
theNo.
expiration
ofmust
theofthree-year
period,
Mario
Resolution
a contract
will
not be
without
his
fault.
house
to CHowever,
whoBecause
used
it asAdela
athey
warehouse
forfriends,
fabrics.
Upon
right
was
given
conform
with
the
notice.
ignored
the
notices.
stipulated
after
a upon
demand
toclearance
vacate,
(Article
Rescissionwas
of theagreed
lease necessarily
requires
the
return of the thing
ALTERNATIVE
ANSWER:
payable
in
cash
the
of but
the
period
upon
for
the
repurchase
of
allowed
Nestor
to
remain
in
the
leased
been
paid;
permitted
for
a
slight
or
casual
breach,
this,
demanded
thatthe
C judgment
stop using
theahouse
as a warehouse,
terms
andNew
conditions
as those given to the
year
later,
Xandro
filed
petition
to theAlessor.
Hence,
granting
rescission
of for
the the
1673(2),
Civil
Code),
Extinguishment;
Total
Distruction;
Leased
Property
(1993)
No,
the
action
will
not
prosper.
The
lessee's
property
of
all
illegal
occupants.
The
option
the
property.
1)
Until
when
must
A
exercise
his
c)
foreclose
the
chattel
mortgage
on
the
premises
at
the
same
rental
rate.
On
June
15,
only
for
such
substantial
and
fundamental
but
C
ignored
the
demand,
A
then
filed
an
action
for
ejectment
In this case, however, Remigio was
contract shouldof
alsothe
order the
lessee to vacate
and return
the
partition
property.
Upon
receipt
of offeree.
right
of
first
refusal
does
not
go he
soobject
farclears
as to
A
is the
owner
of a
lot
on
which
money
is
promptly
paid
and
Simeon
right
of
repurchase?
2)
Ifof
Adefault
fails
to
redeem
leased
premises
to
the the
lessor.
However,
since is
the
things
also
indefense
case
twooforthe
1983,
Nestor
tendered
the
amount
as
would
defeat
the
very
against
C,sold,
who
raised
that
there
noof
privity
offering
only
P4.5
Million
instead
ofof
P5 of the
summons,
Adela
immediately
tendered
the breach
give
him
the
power
to
dictate
on
the
lessor
the
constructed
a
building
in
the
total
cost
of at
property
illegal
occupants
in no time
all.
property
within
thefor
allowable
period,
what
more installments,
with
no redemption.
further
action
P500,000.00
to Mario
and
demanded
that
the
parties
inof making
the
agreement.
(Zepeda
v.
contract
between
him and
requisite
amount
the
Xandro Million.
price
at
which
the
latter
should
sell
P10,000,000.00.
Of
that
amount
B
However,
when
Bert
tenders
payment
of
the
would
you
advise
B
to
do
for
his
better
against
the
purchaser.
latter
execute
a
deed
of
absolute
sale
of
the
CA,
216
SCRA
293]
.
The
delay
of
ten
(10))
days
contends that Adela lost her right of
balance
and
ask
Simeon
for refused,
the deedon the
protection?
fishpond
in ahis
favor.
Mario
not such
substantial
redemption after the expiration of 30 days is
ground that Nestor no longer had an option to
from her receipt of the notice of the sale given
buy the fishpond.
by him.
LEASE
And if ofthe
failure
the proceeds
airline to take
of the
extra
foreclosure
precautionsare
despite
negate
All
notthose
sale
contracts
becausewere
theyexecuted
indicate that
by Bownership
while A was
units
never intended to transfer to the distributor.
police
pay
thewarning
loan
that the
an bank
attempt
cannot
to hijack
run after
the
a
sufficient
to in full,
overwas
the
plane
CX
forwould
the deficiency.
be made, was negligence on the
ALTERNATIVE
Agency; coupled with an interest (2001)
part of the ANSWER:
airline. Being negligent, it is liable
While
as
a
general
rule
the
principal
is
not
Richard sold a large parcel of land in Cebu to
for the death of the passenger. The defense of
liable
for
the
contract
entered
into
by
his
Leo for P100 million payable in annual
force majeure is not tenable since the shooting
agent
in case
thenot
agent
acted
in his own
name
installments over a period of ten years, but
incident
would
have
happened
had
the
without
disclosing
principal,
suchprevented
rule does
title will remain with Richard until the
airline taken
stepshis
that
could have
ALTERNATIVE
not
apply ANSWER:
iffrom
theboarding
contractthe
involves
purchase price is fully paid. To enable Leo to
the hijacker
plane. a thing
Under Article
1763
of theIn Civil
the pay the price, Richard gave him a power-ofbelonging
to the
principal.
such Code,
case, the
common carrier
not required
to observe
principal
is liableisunder
Article 1883
of the
attorney authorizing him to subdivide the
ALTERNATIVE
extraordinary
diligence
injuryon
to land, sell the individual lots, and deliver the
Civil
Code.ANSWER:
The
contractinispreventing
deemed made
CX
would not be
for of
thethe
bank
loan.acts
CX's
its passengers
onliable
account
willful
or proceeds to Richard, to be applied to the
his
behalf (Sy-juco
v. Sy-juco
40
Phil. 634
property
would
also
not
be
liable
on
the
negligence of other passengers or of strangers.
[1920]).
purchase price. Five years later, Richard
mortgage.
Since
DY in
did
not
specify
that heto SUGGESTED
ANSWER:
The common
carrier,
that
case,
is required
revoked the power of attorney and took over
was
acting
forthe
CXdiligence
in the transaction
with the
revocation is not valid. The power of
exercise
only
of a good father
of a The
the sale of the subdivision lots himself. Is the
bank,
in effect
acted in
name.
In
attorney given to the buyer is irrevocable
family;DY
hence,
the failure
of his
the own
airline
to take
revocation valid or not? Why? (5%)
the
caseprecautions
of Rural Bank
of Bombon
CA, 212
because it is coupled with an interest: the
EXTRA
in frisking
the v.
passengers
SCRA,
, thethat
Supreme
under
the
agency is the means of fulfilling the obligation
and by(1992)
leaving
matterCourt,
to the
security
same
facts,
ruled
that
"in
order
to
bind
the
personnel of the airport, does not constitute a of the buyer to pay the price of the land
principal
mortgage
onmake
real the
property
breach of by
thata duty
so as to
airline (Article 1927, CC). In other words, a bilateral
SUGGESTED
ANSWER: to buy and sell the land) is
executed
by
an
agent,
it
must
upon
its
face
(contract
liable. Besides, the use of irresistible force
by contract
(a)
B's
sublease
to
C is (2004)
valid.
Although the
Agency;
Guarantee
Commission
purport
to be was
made,
signed
and that
sealed
in the
on the
agency.
the hijackers
farce
majeure
could
not dependent
original
period
of
two
years
for
the lease
As
an
agent,
AL
was
given
a
guarantee
name
of the
principal,
otherwise,
it will bindof
have been
prevented
even
by the observance
contract
has
expired,
the
lease
continued
with
commission,
in
addition
to
his
regular
the
agent only.diligence.
It is not enough merely that the
extraordinary
the
acquiescence
of
the
lessor
during
the
third
Agency
(2003)
commission,
after
he
sold
20
units
of
agent was in fact authorized to make the
year. Hence,to there
has HT
been
an The
implied
Jo-Ann asked
herhas
close
to buy
refrigerators
a customer,
Hotel.
mortgage,
if he,
not friend,
acted inAissa,
the name
of
renewal
of
the
contract
of
lease.
Under
Art.
some
groceries
for
her
in
the
supermarket.
customer,
however,
failed
to
pay
for
the
units
the principal. Neither is it ordinarily sufficient
1650
the
Civil Code,
the
lessee may
sublet
Was there
nominate contract
entered
into
sold. of
ALs
principal,
DRBI,
demanded
from
AL
that
in thea mortgage
the agent
describes
the
thing for
leased,
in whole or
in part, when AL
the
between as
Jo-Ann
andby
Aissa?
In the
payment
the customers
accountability.
himself
acting
virtue
of aaffirmative,
power of
SUGGESTED
ANSWER:
contract
of
lease
does
not
contain
any
express
what
was
it?
Explain.
5%
objected, on the ground that his job was only
attorney,
in
fact
the
agentcontract.
has actedOn
in the
his
Appointment
Sub-Agent
(1999)
Yes, thereifofwas
a nominate
prohibition.
1670
Code).
to
sell and not[Articles
to collect1650,
payment
forCivil
units
own
name
and
has
set
his
own
hand
and
seal
SUGGESTED ANSWER:
X
appoints Ythat
as his
agent
to sellthe
hisrequest
products
assumption
Aissa
accepted
of
A's
action
for
rescission
should
not
prosper
on
bought
by the customer.
Is ALs objection
to
the
mortgage.
There
is but
no
principle
of
law
(b)
C's assignment
in
City.
CanJo-Ann
Y appoint
a sub-agent
and
if
herCebu
close
friend
to
some groceries
SUGGESTED
ANSWER: of the sublease to D is not
this
ground.
valid?
Can DRBI
from
or not?
by
person
can become
liable
asuch
real
valid.
Under
Art. collect
1649,
thehim
Civil
Code,
No, AL's
objection
is not of
valid
and
DRBI
canthe
he
does,
what
are
the what
effects
of
for which
her
inathe
supermarket,
theyon
entered
Reason.
(5%) assign the lease without the
estate
mortgage
which
she
never
executed
in
lessee
cannot
SUGGESTED
ANSWER:
collect from AL. Since AL accepted a
appointment?
(5%)
into was a nominate
contract of Agency.
person
or
by attorney
in fact".
Yes,
the
agent
appoint
substitute
or
consent
the lessor,
unless to
there
guaranteeofcommission,
in addition
his is a
Article
1868
of may
the New
Civila Code
provides
sub-agent
if
the
principal
has
not
prohibited
stipulation
to
the
contrary.
There
is
regular commission, he agreed to bear no
the such
that by the contract of agency a person binds
him
from
doing
so,
but
he
shall
be
responsible
stipulation
in
the
contract.
If
the
law
prohibits
risk
of
collection
and
to
pay
the
principal
the
himself to render some service or to do
(1)
when
heANSWER:
was
not
given the power to
ALTERNATIVE
for
the
acts
of
the
substitute:
assignment
of
the
lease
without
the
consent
of
proceeds
of
the
sale
on
the
same
terms
agreed
something in representation or on behalf of
(2)
he
was given
power, but
without
Yes,when
they
entered
into such
a nominate
contract
of
appoint
one;
the
lessor,
all
the
more
would
the
assignment
upon
with
the
purchaser
(Article
1907,
Civil
another, with the consent or authority of the
designating
lease to service
the person,
in the absence
and the of
person
a relation of
Agency;
Real Estate Mortgage
(2004)
of a sublease
be prohibited
without such
Code)
latter.
appointed
was notoriously
incompetent
or
principal and
agent between
them (Article
CX
executed
a
special
power
attorney
consent. This is a violation ofofthe
contract and
insolvent.
1644, New Civil Code).
authorizing
DY tofor
secure
a loanby
from
is a valid ground
rescission
A. any bank
Agency vs. Sale (2000)
and to mortgage his property covered by the
A foreign manufacturer of computers and a
owners certificate of title. In securing a loan
Extraordinary
Diligence
(2000)
Philippine distributor entered into a contract
from MBank,
DY did
not specify that he was
Despite
a
warning
from the with
police
that an
whereby the distributor agreed to order 1,000
acting for CX in the transaction
said
attempt
to
hijack
a
PAL
plane
will
be
made
units of the manufacturer's computers every
bank. Is CX liable for the bank loan? Why or in
the
week,
the airline
SUGGESTED
ANSWER:
month and to resell them in the Philippines at
why following
not? Justify
your answer.
(5%)did not take
CX
is liable
for the bank
loan because
he
extra
precautions,
such
as frisking
of
the manufacturer's suggested prices plus 10%.
authorized
the
mortgage
on
his
property
to of
passengers, for fear of being accused
All unsold units at the end of the year shall be
secure
thehuman
loan contracted
by DY.
If DYlater,
later an
violating
rights. Two
days
bought back by the manufacturer at the same
defaults
and
fails
to
pay
the
loan,
CX
is
liable
armed
hijacker
did
attempt
to
hijack
a PAL
price they were ordered. The manufacturer
to
pay.toHowever,
his liability
is limited
to the
flight
Cebu. Although
he was
subdued
by the
shall hold the distributor free and harmless
SUGGESTED ANSWER:
extent
of the value of
the
said property.
other
passengers,
he
managed
to
fire
a
shot
from
any
claim
for
defects
in
the
units.
Is
the
The contract is one of agency, not sale. The notion of sale is
ALTERNATIVE
ANSWER:
CX
is
not
personally
which
hit
and
killed
a
female
passenger.
The
agreement
one
for
sale
or
agency?
(5%)
negated by the following indicia: (1) the price is fixed by the
SUGGESTED ANSWER:
liable
to parents
the banksued
loan the
because
it was
manufacturer with the 10% mark-up constituting the commission;
victim's
airline
for breach of
The airline is liable. In case of death of a
(2) the manufacturer reacquires the unsold units at exactly the
contracted
by DY
his personal
capacity.
Only
contract, and
the in
airline
raised the
defense
of
passenger, common carriers are presumed to
same price; and (3) warranty for the units was borne by the
the
property
of
CX
is
liable.
Hence,
while
CX
force
majeure.
Is
the
airline
liable
or
not?
(2%)
manufacturer. The foregoing indicia
have been at fault or to have acted negligently,
has authorized the mortgage on his property
unless they prove that they observed
to secure the loan of DY, the bank cannot sue
extraordinary diligence (Article 1756, Civil
CX to collect the loan in case DY defaults
Code). The
thereon. The bank can only foreclose the
property of CX.
AGENCY
COMMON CARRIERS
ratify the sale contract, then Jesus shall be liable

allowing the other general partner to bind the
1898.
Civil Code).
confined
will
violate
due
thetocorporation
illness in the
lawMakati
principle
Medical
that
(Article
corporation
Center.
only theRule
board
onofthe
directors
validitymay
andbind
binding
the effect
Termination; Effect of Death of Agent (1997)
of
corporation.
each of the above contracts upon A the
SUGGESTED
ANSWER: your answers,
Stating briefly the thesis to support your
principal. Explain
TheNo,agency
3)
for thecouched
same reasons
in general
given interms
the
answer to each of the following cases, will the
comprised
Answer
to Number
only acts
2 above.
of administration (Art.
death - (c) of an agent end an agency?
1877, Civil Code). The lease contract on the
SUGGESTED ANSWER:
Conveyance
of a Partners
(1998)
Yes. The death of an agent extinguishes the
Manila parcel
is not Share
valid,Dissolution
not enforceable
and
Dielle,
Karlo and
UnaA.areFor
general
in a
agency, by express provision of par. 3, Art
not binding
upon
B topartners
lease the
merchandising
firm.
Having
equal
1919 of the Civil Code.
property to C, for
more
thancontributed
one (1) year,
A
amounts
to theB capital,
also power
agree of
on
must provide
with a they
special
The
lease
of the
Caloocan
City property
to D isis
equal
distribution
of
whatever
net profit
attorney
(Art.
1878.
Civil
Code).
valid
and
binding
upon
A.
Since
the
lease
realized per fiscal period. After two years isof
Composition of Partnerships; Spouses; Corporations (1994)
without
a fixed
term,Una
it isconveys
understood
be
operation,
however,
her to
whole
from month
month, since
the rental
is
interest
in thetopartnership
to Justine,
without
1.
Is
the partnership
1)
Can a husband and wife form a limited
payable
monthly
(Art.
1687, of
Civil
Code).
the
knowledge
and
consent
Dielle
and Karlo.
The
saleare
of12%]
the
parcel
to Eshould
is not
2.
What
the Quezon
rights ofCity
Justine,
if any,
dissolved?
partnership to engage in real estate business,
valid
and
not
binding
upon
A.
B
needed
a
she
desire
to
participate
in
the
management
with the wife being a limited partner?
2) Can two corporations organize a general
special
power of attorney
validly sellofthe
of
the partnership
and in thetodistribution
a
partnership under the Civil Code of the
landprofit
(Arts.
and 1878,
Civil
The
net
of 1877
P360.000.00
which
wasCode).
realized
SUGGESTED
ANSWER:
Philippines? 3) Can a corporation and an
sale of
the
land at of
a very
price [3%]
does not
after
her
purchase
Una'sgood
interest?
1.
No,the
a conveyance
by acontract
partner arising
of his whole
individual form a general partnership?
cure
defect of the
from
interest
in
a
partnership
does
not
of itself
SUGGESTED ANSWER:
Powers
of
the
Agent
(1994)
lack of authority
1) a) Yes. The Civil Code prohibits a husband
dissolve
the partnership
in the
absenceNestor
of an
Prime Realty
Corporation
appointed
and wife from constituting a universal
agreement.
(Art.
1813.
the exclusive
agent
in Civil
the Code)
sale of lots of its
SUGGESTED
ANSWER: subdivision. Prime Realty
partnership. Since a limited partnership is
newly developed
2.
Justine
cannot
interfere or participate in the
not a universal partnership, a husband and
told Nestor that he could not collect or receive
management
or
administration
of
the
wife may validly form one. b) Yes. While
payments from the buyers. Nestor was able to
partnership
business
or
affairs.
She
may,
spouses cannot enter into a universal
sell ten lots to Jesus and to collect the down
however, receive the net profits to which Una
partnership, they can enter into a limited
payments for said lots. He did not turn over
would
have
otherwise been entitled. In this
SUGGESTED
ANSWER:
partnership or be members thereof (CIR u.
the collections
to Prime Realty. Who shall bear
SUGGESTED ANSWER:
a)
case,
The
P120.000
general
(Art.
rule 1813,
is that
Civil
a person
Code) dealing
Suter, etal. 27 SCRA 152).
the
loss
for
Nestor's
defalcation, Prime Realty
Dissolution
of
Partnership
2)
a) No, A corporation is managed by its
with an agent must (1995)
inquire into the authority
or
Jesus? Patricia and Priscilla formed a
Pauline,
board of directors. If the corporation were to
of that agent.
In the present case, if Jesus did
business
for the
of
become a partner, co-partners would have the
not inquirepartnership
into that authority,
he purpose
is liable for
engaging
in
neon
advertising
for
a
term
of
five
power to make the corporation party to
the loss due to Nestor's defalcation unless
(5)
years.
Pauline
assigned
to
transactions in an irregular manner since the
Article
1900,
Civil subsequently
Code governs,
in which
Philip
her
interest
in
the
partnership.
When
partners are not agents subject to the control
case the developer corporation bears the loss.
Art. 1900 Civil
provides:
"So far as
Patricia
and Code
Priscilla
learned
of third
the
of the Board of Directors. But a corporation
persons are concerned,
an act
deemed the
to
assignment,
they decided
to isdissolve
may enter into a joint venture with another
have been performed
the of
scope
of the
partnership
before the within
expiration
its term
as
corporation as long as the nature of the
agent's had
authority,
such act is within
the
they
an if unproductive
business
venture is in line with the business authorized
b) its
As charter.
a general
rule &
a Co.,
corporation
may not
terms
of thewith
power
of attorney,
as written,
relationship
Philip
in the past.
On the
by
(Tuason
Inc. v. Bolano,
95
General
Agency
vs. Special
Agency (1992) with another other
form
a
general
partnership
even
if
the
agent
has
in
fact
exceeded
the
hand,
unaware
of
the
move
of Patricia
Phil. 106).
A
as principal
B as because
his agenta 1.
IsPriscilla
the
done by
Patricia
and
corporation
or appointed
an individual
limits
of dissolution
his but
authority
according
to an
and
sensing
their negative
granting
general
unlimited
Priscilla
without
the due
consent
of Pauline
corporation him
may not
be boundand
by persons
who reaction
However,
Jesus
made
andand
he or
was
understanding
between
the
principal
the
toif his
acquisition
ofinquiry
Pauline's
interest,
management
A's properties,
stating
Philip
valid?
Explain.
are neither over
directors
nor officers
of that
the not
informed
by
the
principal
Prime
Realty
of
agent. simultaneously petitioned for the
Philip
However,
a corporation
may B
form
general
A
withholds
no power from
anda that
the
2.
Does
Philip
have
any
right
to
petition
for
corporation.
the
limits
of
Nestor's
authority.
Prime
Realty
dissolution of the partnership.
partnership
another
an
agent
may with
execute
such corporation
acts as heormay
the
dissolution
shall
bear
the loss. of the partnership before
Accordingly,
B leased
parcel of
land in
individualappropriate.
provided
theA'sfollowing
conditions
b) the expiration
Considering
that Prime
consider
of its specified
term? Realty
of years
Incorporation
of the
Manila
C forArticles
four (4)
at P60,000.00
are 1)
met:to The
Corporation
Explain. only "told" Nestor that he could
expressly
allows
the
per corporation
year, payable annually
in advance.
not receive or collect payments, it appears that
corporation to enter into partnerships;
the limitation does not appear in his written
B leased
another
parcel
land of A
in
2)
The
Articles
of of
Partnership
must
authority or power of attorney. In this case,
Caloocan
without will
a fixed
termthe
at
provideCity
thattoallD partners
manage
insofar as Jesus, who is a third person is
P3,000.00
per month
payable
monthly.
partnership,
and they
shall
be jointly and
concerned,
Nestor's
acts
of
collecting
3)
In liable;
case of
a foreign corporation, it
severally
and
payments is deemed to have been performed
B sold
to E
parcel
belonging
to
must
bea third
licensed
to of
doland
business
in the
within the scope of his authority {Article
A located
in Quezon City for three (3) times
Philippines.
However,
if Jesus
wasHence,
aware the
of the
limitation
1900. Civil
Code).
principal
is
c) No.
A corporation
may in
not
beinventory
a general by A
the
price
that was listed
the
of
Nestor's
power
as
an
agent,
and
Prime
liable.
partner
because the principle of mutual
to
B.
Realty Corporation does not
agency in general partnership
PARTNERSHIP
CIVILCIVIL
LAWLAW
Answers
Answers
to thetoBAR
the BAR
as Arranged
as Arranged
by Topics
by Topics
(Year(Year
1990-2006)
1990-2006)
ALTERNATIVE
Quasi-Contracts;
Negotiorium
Gestiowas
(1992)
another
Distinguish
rate
1.
A contract
in the
theANSWER:
absence
remaining
usufruct
of
antichresis
of from
partners
such
law
commodatum
entered
may
violates
not into
dissolve
theand
between
principle
state
the
Tito
A should
payment
mustof
be
also
the
hired
pay
loan.
as
forSecretary.
However,
the ordinary
The
the expenses
loan
decision
was not
for the
paid
No,
because
an dissolution
obligation
which
consists
in
Mutuum;
(2001)
partnership,
these
mutuality
Olivia
may
and
of
be
Peter.
contracts.
the
constituted
Under
over
Article
by
consumable
Patricia
2132
and
of goods.
the
of
time.
To
Awhom
prevails
A Interests
month
should
because
after
a deliver
4 it
years,
is the
anmay
act
bag
of
the
ofthing
money?
shares
In
fear
of reprisals
from lawless
elements
whether
of
for
hiring
the
use
and
preservation
of
the
on
the
delivery
of
athe
determinate
thing
shall
SUGGESTED
ALTERNATIVE
ANSWER:
ANSWER:
Samuel
borrowed
housing
Priscilla
[2%]
New
Civil
without
Code,
by
consent
a contract
of Pauline
of antichresis
or be
administration
which
canthe
be gasoline,
performed
by loan
the
of
Decide
stockwith
pledged
reasons.
be P300,000.00
deemed
owned
byoil,
ABC
or
besieging
his
barangay,
X abandoned
his
loaned.
He
must
pay
for
1.
Even
USUFRUCT
if
there
was
is
a
a
right
law
authorizing
given
to
a
person
the
extinguished
if
it
should
be
lost
or
destroyed
SUGGESTED
ANSWER:
from appointed
the and
bank
at 18%Heper
annum
interest.
Philip
the
creditor
is not
valid.
acquires
the
right
to receive
duly
not?
Reason.
(5%)
managing
partners,
W and
X.
fishpond,
fled
to Manila
and
left for
Europe.the
greasing
spraying.
cannot
ask
for
SUGGESTED
B
would have
right to he
claim
the
money.
(usufructuary)
increase
inANSWER:
interest
to fish
enjoy
the
property
stipulation
another
is still
SUGGESTED
ANSWER:
without
fault
of rate,
the
debtor,
and of
before
he
However,
thenopromissory
note
fruits of the
an
immovable
of
his
debtor,
with
the
Seeking
that
the
in the
the
fishpond
were
reimbursement
because
has
thecontained
obligation a
2.
No,
Philip
has
noof
right
to1262.
petition
for
The
shares
of
stock
cannot
be
deemed
Article
1990
of
the
Civil
Code
is
not
with
void
because
the
obligation
there
is
no
preserving
corresponding
its
form
and
has
incurred
in
delay.
(Art.
Civil
Code)
B
cannot
be
hired,
because
in
case
of aowned
tie in to
proviso
the bankthing
"reserves
right
obligation
to applyY,them
thethe
payment
of of
the
ready
for harvest,
who to
is in
business
to
returnthat
the identical
to the the
bailor.
dissolution
because
he
does
not have
thewhen
Commodatum
(2005)
by
ABC
upon
default
of
MNO.
They
have
applicable.
The
law
refers
to
another
thing
substance.
stipulation
to
(Art.
decrease
562.
Civil
the
Code)
interest
due
the
decision
of
the
managing
partners,
the
increase
interest
within
the
limits
allowed
by
interest,
and
thereafter
to
the
principal
of
his
managing fishponds on a commission basis,
Under Article 1941 of the Civil Code, the to be
standing
ofANSWER:
aleft
partner
(Art.
NCC).
On
other
hand,
COMMODATUM
is a as
Before
he
for
Riyadh
toharvested
work
foreclosed.
Under
Article
of partners
the over
Civil the
SUGGESTED
received
in
substitution
of2088
the
object
the the
law
reduces
the
rate
of1813
interest.
deadlock
must
betodecided
by
the
law," By
virtue
of
such
proviso,
credit.
took
possession
of
the
property,
thea
bailee
is obliged
pay
for
the
ordinary
2.
Peter must
pay left
taxes
and
charges(bailor)
upon the
contract
byPedro
which
one
of
the
parties
mechanic,
his
Adventure
Code,
the
creditor
cannot
appropriate
the
deposited
and
is predicated
upon
something
owning
the
controlling
interest.
In
this
case,
Does
Pedro
have
the
right
to
retrieve
objections
of
Samuel,
the
bank
increased
fish and sold
the entire
harvest
to Z. van with c)
expenses
for
the
use
and
preservation
of
thethe
Dissolution
of another
Partnership;
Termination
(1993)
The
Mayor
of
Manila
cannot
invoke.
Article
land
and
bear
the(bailee)
necessary
expenses
for
delivers
to
something
not
Tito,
with
the
understanding
that
the
latter
things
given
by
way
of
pledge.
And
even
if 48%
the
exchanged.
the
opposition
of X and
Y prevails
because
Y
the
van
evenperiodically
before
the
lapseitof
one year?
interest
rate
until
reached
Thereafter,
Y
borrowed
money
from
W
and
thing
loaned.
A,
B and
C it
formed
athe
partnership
for
theitdeduct
719
of
the
Civil
Code
which
requires
the
preservation
and
repair
which
he
may
ALTERNATIVE
ANSWER:
consumable
so
that
latter
may
use
for
a
could
use
for
one
year
for
his
personal
or
parties
have
stipulated
that
ABC
becomes
the
owns
the (2%)
controlling
Interest
(Art.
1801,
Civil
Explain.
per
annum.
Finally,
Samuel
filed
an
action
used
the
money
to
buy
new
supplies
of
fish
fry
purpose
of
contracting
with
the
Government
in
Compensation;
Bank
Loan
(1997)
No,
Pedro
does
not
have
the
right
toMayor
retrieve
finder
to
the
thing
with
the
from
thetime
fruits.
(Art,
2135,
certain
and
return
it. NCC)
Obligations
of
a Partner;
Industrial
Partner
(2001)
family
while
Pedro
works
in the
Riyadh.
He
did
owner
of deposit
the
shares
in
case
MNO
defaults
on
Code).
questioning
the
right
of
the
bank
to increase
and
to use
prepare
the
fishpond
for
next
crop.
SUGGESTED
ANSWER:
the
construction
of
one
of
its
bridges.
On
June
In
usufruct
the
usufructuary
gets
the
right
to
order
to
secure
a
bank
loan,
XYZ
the
van
before
the lapse
ofisone
year.
The
only
when
the
previous
possessor
is
unknown.
not
tell
Tito
that
the
brakes
of
the
van
were
Joe
and
Rudy
formed
a
partnership
to
operate
the
loan,
such
stipulation
void
for
being
a
thethis
interest
rate
up return
to (1996)
48%.
The
bank
raised
a) The
What
is
the
Juridical
relation
between
Xin
3.
amount
ofthe
thevan
principal
and
interest
30,
1992,
after
completion
of
the
project,
the
Pledge;
Mortgage;
In
case
,shop
aAntichresis
must
the
bag
ofprovided
money
the
use Tito
and
to
the
fruits
of
the
same,
while
Corporation
surrendered
its
deposit
certificate,
parties
are
mutually
bound
by
the
terms
of the
SUGGESTED
ANSWER:
faulty.
had
tuned
up
and
the
a
cardefense
repair
in the
Quezon
City.
Joe
pactum
commissorium.
the
that
Central
Bank
of
the
and
Y
during
X's
absence?
b)
Upon
the
return
must
be
specified
in
writing,
otherwise
the
bridge
was
turned
over
by
the
partners
to
the
The
In
action
province,
will
a
prosper.
farmer
couple
While
it
borrowed
is
true
that
to
the
bank
as
the
previous
possessor
and
commodatum,
the
bailee
only
acquires
the
use
with
a
maturity
date
of
01
September
1997
to
contract.
Under
the
Civil
Code,
there
are
only
brakes
repaired.
He what
spentare
a the
totalobligations
amount of
the
capital while
Rudy contributed
his
labor
Philippines
had
already
suspended
the
Usury
of
X
to
the
barangay,
antichresis
will
be
void.
(Art.
2134,
NCC)
Government.
On
August
30,
1992,
D,on
a for
the
money
interest
from
the
ceilings
local
set
merchant.
by
Usury
Toshop,
guarantee
Law
are
known
owner
(Arts.
and
1990.
Civil
Code.)
of
the
thing
loaned
but
not
its
fruits.
the
bank.
The
corporation
defaulted
the two
due
3
instances
when
the719
bailor
could
validly
ask
P15,000.00.
After
using
the
vehicle
and
industry.
one
side
ofthe
their
Joe
Law.
Will they
theOn
action
prosper
orheld
not?
Why?
of Y to X of
as
regards
the
contract
with
Z? sued
c)or a
Usufruct
may
be
constituted
on
the
whole
supplier
materials
used
in
the
project
no
payment,
longer
in
force,
left
the
it
Torrens
has
been
Title
of
their
that
repayment
of
the
loan,
prompting
the
bank
to
for
the
return
of
the
thing
loaned
even
before
weeks,
Tito
discovered
that
it
consumedof too
opened
and operated a coffee shop, while onPD
(5%) 1684
SUGGESTED
ANSWER:
Upon
X's
return,
what
are
thereturned
obligations
X
Two
months
later,
to
the
part
the
fruits
thePedro
thing.
(Art.
564.
CivilA
A
forof
collection
ofof
the
indebtedness
to him.
No.
land
with side,
the
and
merchant,
CB
for
him
No.
toaccessories
905
hold
until
merely
encash
the
deposit
certificate.
XYZ
Corporation
the
expiration
of
the Circular
period.
These
are when:
much
fuel.
To
make
up
for
the
expenses,
he
other
Rudy
put
up a
car
4.
No.ItArt.
2136
specifically
provides
that
the
as
regards
Y's
contract
with to
W?
d)over
What
legal
Philippines
and
asked
Tito
return
the
van.
Code).
may
even
becomplaint
constituted
SUGGESTED
ANSWER:
moved
toto
dismiss
the
against
him
on
allow
they
pay
contracting
the
loan.
parties
Is there
to
a -stipulate
a) separate
contract
freely
of on
questioned
the
above
action
taken
by
the
bank
(1)
a
precarium
contract
was
entered
(Article
leased
it
Annabelle.
store.
May
they
engage
in
such
debtor
cannot
re-acquire
the
enjoyment
the Joe, the capitalist partner, may engage in the
effects
will
result
ifwas
X being
expressly
ratifies
Y'sof52
Unfortunately,
while
driven
Tito,
the
consumables
like
(Alunan
v. by
Veloso,
the
ground
that
itmoney
the
ABC
partnership
any
pledge,
adjustment
b) if
contract
in[5%]
the
of mortgage,
interest needs
rate
c) contract
on
a thing
loan
as
being
a
case
of
pactum
commissorium.
The
1947);
(2)
the
bailor
urgently
the
businesses?
Why?
immovable
without
first
having
totally
paid restaurant
management
and
what
would
be
the
SUGGESTED
ANSWER:
Recovery
of
Deficiency
(1997)
business
because
it
is above?
not
the
same
SUGGESTED
van
was
accidentally
damaged
by
a ABC
cargo
Phil.
545)
. ANSWER:
On
the
other
hand,
in commodatum,
that
is
liable
for
the
debt.
D replied
that
or
of
antichresis,
forbearance
or
ofd)
money
none
but
ofbailee
the
do
not
authorize
bank
disagrees.
What
is
your
opinion?
(Article
1946);
and
(3)
if
the
commits
what
he
owes
the
creditor.
However,
it is v.
We
submit
that
is
no
pactum
obligations
of
X there
in
favor
of
Y?
Explain
all
your
(a)
The
juridical
relation
is upon
that
of
the
quasiAB
CA,
sold
to CD
SCRA
a motor
2O
[1994]])
vehicle
. interest
To
forissay
and
otherwise
in
kind
of238
business
the
partnership
engaged
a)
Who
shall
bear
the
P15,000.00
spent
truck
without
his
fault.
consumable
goods
may
be
subject
thereof
only
partnership
was
dissolved
completion
of
a
Explain.
unilateral
increase
of
the
rateofin.
by
acts
of
ingratitude
(Article
1948).
Not
one
potestative
on
the
part
of
the
creditor
to
do
commissorium
here.
Deposits
of
money
in
answers.
The
fact
that
Tito
had
leased
the
thing
loaned
contract
of
"negotiorum
gestio".
isnot
the
violate
the
principle
of
mutuality
of
consideration
of
P120,000.00
to
be
paid
in
On
the
other
hand,
Rudy
may
not
engage
in
for
repair
of the
van?
Explain.
(2%)
when
the
purpose
of the
contract
the so will
the the
project
for which
purpose
theYis
partnership
one
party
without
the
other's
consent
(PNB
the situations is present in this case.
SUGGESTED
ANSWER:
in
order
exempt
him as
from
his
banks
and
similar
institutions
are
governed
ALTERNATIVE
ANSWER:
SUGGESTED
ANSWER:
to
would
not
justify
the
demand
for
"gestor"
orto
"officious
manager"
and
Xobligation
is merely
the by
contracts
twelve
monthly
under
equal
Article
installments
1308
of
the
ofCivil Code.
anyAnnabelle
other
business
unless
their
partnership
consumption
of
the
object,
when
it
is
was
formed.
Will
you
dismiss
the
complaint
As
Ibear
would
not
dismiss
the
complaint
TitoJudge,
must
thesimple
P15,000.00
expenses
for
the
None
of
the
There
is no
pledge
under
Art.
2135,
NCC,
The
debtor
cannot
re- To
ANOTHER
ANSWER:
the
provisions
on
loans
(Art.
1980.
Civil
the
return
ofabove.
the thing
loaned
before
"owner"
(Art.
2144,
Civil
Code).
be
valid,
therefore,
any
change
ofbecause
interest
P10,000,00,
each
installment
being
due
and
expressly
permits
him
to
do
so
because
as
an
for
exhibition.
(Art.
1936,
Civil
Code)
against
A
Ifbecause
you
were
the
Judge?
against
A.
A
is
still
liable
asoperations
a
general
1.
There
are
several
points
of
distinction
van.Y Generally,
extraordinary
expenses
for the must
only
movable
property
may
be
pledged
(Art.
acquire
the
enjoyment
unless
Peter
compels
Code).
The
relationship
between
the
depositor
(b)
must
render
an account
of
his
expiration
of
the
period.
Under
Article
1942
of
payable
be
on
mutually
the
15th
agreed
day
of
upon
each
month
by
the
parties
industrial partner he has to devote his full
time
partner
for
his
rata
share
of 1/3
(Art.
between
usufruct
and
commodatum.
Usufruct
preservation
the
thing
loaned
are
paid
by
the (Dizon
2094.
NCC).
at
all,
was
a pledge
ofto
the
Olivia
to
enter
again
the
a bank
is
one
of
creditor
and
debtor.
To
secure
theIfpromissory
note,
CD
(a)
and
deliver
toof
Xpro
the
price
he enjoyment
received
forof
thethe
thethe
Civil
Code,
leasing
of SCRA
the
thing
loaned
v,January
Magsaysay,
57
25O
[1974])
. aIn
starting
to
business
of1997.
thethere
partnership
[Art.
1789,
1816,
C.J.
Dissolution
of
acompensation
is
constituted
byathe
law,
by contract,
by
bailor,
he
being
owner
ofpartnership
the
thing
loaned.
paper
or document
constituting
the Torrens
property.
Basically
this
is
matter
of
as
executed
a chattel
mortgage
on household
subject
sale
ofC.
the
harvested
fish
(Art,
2145,
Civil
third
person
not
member
of the
of
the
problem,
the
debtor
not having
CC).present
ADDITIONAL
ANSWER:
caused
by
the
termination
of
the
particular
testamentary
succession,
or
by
prescription
In
this
case
however,
Tito
should
bear
the
Title,
as
a
movable
by
itself,
but
not
of the
land
all the elements of compensation are present
motor
vehicle,
and
(b)
furnished
ato
surety
bond
Code).
the
bailee,
will
only
entitle
bailor
hold
given
his
consent
to
the
increase
in
interest,
Where
the security
for
the
debt
iscreates
also
money
undertaking
specified
in
the
agreement
does
ALTERNATIVE
ANSWER:
(Art.
Civil
Code).
Usufruct
a real
Mutuum;
Interests
expenses
he
incurred
the
expenses
which
the
title
represents.
(c)
X1933.
must
pay
the
obtained
by
Y from
W
in
this
casebecause
(BPI
vs.loan
CA,
232
SCRA
302).
issued
by
Philam
life,
CDoffailed
to pay
more
bailee
liable
for
the
loss
the thing
loaned.
the
increase
is(2002)
void.
Pledge
(1994)
deposited
in
a
bank,
it
is
not
illegal
for
a rule,
Pedro
doesfor
not
have
thedeed
right
to
There
is sues
no
mortgage
because
no
not
extinguish
obligations,
must
be
Commodatum
(1993)
right
to the
fruits
of another's
property,
while
Carlos
Dino
(a)
collection
on a
without
first
informing
Pedro
about
it.the
Neither As
because
X must
answer
for which
obligations
than
two
(2)
installments,
AB went
afteror
the
In
1982,
Steve
borrowed
P400.000.00
from
creditor
to
encash
the
time
deposit
certificates
retrieve
the
van
before
the
lapse
of
one
year.
contract
was
executed
in
the
manner
required
liquidated
during
the "winding
the Under surety
commodatum
creates
onlytoa purely
personal
A, uponbut
request,
loaned
his passenger
Jeepney
promissory
note
a loan,
with
no agreement
was the repair
shown
beinup"
urgent.
contracted
with
third
persons
theof
interest
he
wasfor
only
able
to obtain
threeDanny,
collateralized
by
a pledge
of
shares
(Chu
CA,
et al., G.R
78519,
September
26,aof by
to
payus.
the
debtor's
overdue
obligation.
Article
1946
of
Code
provides
that
"the
law
a mortgage
(Arts.
2085still
to 2092,
partnership
affairs
(Articles
1829
and
1830.
right
to
use
another's
property,
and
requires
to B
to for
enable
to bring
his defaulted,
sick
wife
from
on
interest,
on
which
Dino
and
Article
1949
of the2150,
Civil
Code,
bailor
generally
of
the
owner
(Art.
Civil
Code),
fourths
(3/4)
ofBthe
the
total
amount
due
and(b)
Effect
of Death
of
Partner
(1997)by XCorporation
1989).
stock
of
Concepcion
worth
bailor
cannot
demand
the
return
of
the
thing
NCC;
2124
to
2131,
NCC).
par.
1-a,
Civil
Code).
(d)
Express
ratification
provides
the
stipulation
to
enable
the
bailee
to
"make
use"
Paniqui.
Tarlac
to
the
Philippine
General
damages
caused
by
Dino
on
his
(Carlos)
bears
the
extraordinary
expenses
for
the
owing
from
CD.
AB
seeks
your
advice
on
how
Deposit;
Exchange
(1992)
Stating
briefly
the
thesis
to support
P800,000,00.
In
1983,
because
of
economic
There
istill
no
contract
oftreatment.
antichresis
because
no
ANSWER:
loaned
after
therecover
expiration
of the
period
effects
of
an (Arts.
express
agency
and
Xthe
isyour
liable
tothe SUGGESTED
of
the Y
fruits
1939&
1940,
Civil
Code).
Hospital
inif
Manila
for
On
the way
priceless
Michaelangelo
painting
on
which
preservation
of
the
thing
and
should
refund
might,
at all,
the
deficiency.
How
X and
staged
aof
daring
bank
robbery
in
answer
to
each
the
following
cases,
will
theto he
crisis,
the
value
of
the
shares
pledged
fell
Yes,
he
can
recover
the
deficiency.
The
action
right
to
the
fruits
of
the
property
was
given
to
stipulated,
or
after
the
accomplishment
of
the
pay
the
commissions
habitually
received
by
Usufruct
maybe
onerous
commodatum
is
back to
Paniqui,
after
leaving
his wifenote
at theand
Dino
is
liable
on
the
promissory
said
expenses
if AM
made
bywhile
the
bailee;
Provided,
would
you
counsel
AB?
Manila
in
the
morning
of a
death
- at
of 10:30
aas
partner
terminate
the demand
only
P100,000.00.
Can
Danny
that
of
AB
to
go
after
the
surety
bond
cannot
be
the
creditor
(Art.
2132
NCC).
use
for
which
the
commodatum
has
been
the
gestor
manager
(Art.
2149,
Civil
Code).
always
or
essentially
gratuitous
(Arts.
1933
&
hospital,
people
stopped
the
passenger
The
bailee
bringsday,
theand
same
to thewith
attention
of awards damages to Carlos for the damaged
SUGGESTED
ANSWER:
regular
business
escaped
their
ALTERNATIVE
ANSWER:
partnership?
Steve
surrender
the contract
other
shares
worth
taken
to mean
a waiver
of
right
to demand
constituted.
However,
in his
the
meantime,
he
1935,
Civil
Code).
The
constituting
Jeepney.
Bwith
stopped
for ifthem
and
allowed
them
interests
for
both
awards.
What
the
bailor
before
incurring
them,
except
only
a)
No.
Bilateral
contracts
cannot
be
changed
Yes.
The
death
of
a
partner
will
terminate
the
The of
P15,000.00
spent
for bag
the repair
of the vanif painting,
loot
two (2) bags,
each
containing
A
contract
of
simple
loan
was
entered
into
P700,000.00?
SUGGESTED
ANSWER:
payment
for
the
whole
debt,
The
amount
should
have
urgent
need
of
the
thing,
he
may
usufruct
is
consensual,
while
commodatum
is
a
to
ride
on
board,
accepting
payment
from
rates
of
interest
may
the
court
impose
with
the
repair
is
urgent
that
reply
cannot
be
unilaterally.
A express
pledge
is
only
a par.
subsidiary
partnership,
by
provision
of
5,
should
be borne
bytheir
Pedro.
Where
the
bailor
P50,000,00.
During
flight
to elude
the
With
respect
to the
collection
ofupon
money
or
with
security
arrangement
agreed
by
the
received
from
the
surety
isordinary
only payment
pro
demand
its
return
or
temporary
use."
In
the
real
contract
(perfected
only
by
delivery
of
the
them
just
as
in
the
case
of
passenger
respect
to
both
awards?
Explain.
(5%)
awaited.
contract,
and
is
still
indebted
to Danny
Art. 1830
of the
Civil
Code.
delivers
to
the
bailee
a nearby
non-consummable
police,
X and
YSteve
entered
the
locked
promissory
note,
it
being
a
forbearance
parties
which
is
not
one
of
those
mentioned
tanto,
and
an
action
may
be
maintained
for
a
given
problem,
allowed
to use
the of
subject
matter
thereof).
However,
Jeepneys
plyingPedro
their route.
AsTito
B was
crossing
Obligations
of athen
Partner
(1992) may
for
theso
of
P400,000.00
despite
the fall money,
thing
that
the
latter
useQuezon
it both
for a involve
certain
house
ofamount
A,
working
in his
City
thedebt.
legalThus,
rate he
of should
interest
for
having
above.
deficiency
van
for
one
year.
be
bound
the
enjoyment
byhouse,
astocks
person
of the
property
Bamban,
there
was an onrush of Lahar fromby
W,
X,
Yvalue
and Z
organized
general
partnership
in
the
of
the
pledged.
ALTERNATIVE
ANSWER:
time
and
return
theXaand
identical
thing,
office.
From
A's
Y stole
a box ofthe
defaulted
on
therespect
payment
of 12%
will
apply.
A
and
B
with
towas
the
passenger
Jeepney
the
said
agreement
and
he
cannot
ask
for
the
another,
differing
onlyas
asis
topartners
the
and
Mt
Pinatubo,
the Jeep
that
loaned
to him
b)
No.
pledgee
is and
to
sell
the
with
W Danny's
and
X as right
industrial
Y and
There
is was
a contract
of
mortgage
constituted
contract
perfected
a extent
Contract
of
containing
cash
totaling
P50,000.00
which
box
With
respect
to
the
damages
to the
painting,
it wife
loaned
by
A
to
B
to
transport
the
latter's
sick
that
return
of
the
car
before
the
expiration
of
the
scope
of
such
enjoyment
fruendi
in
oneThe
was
wrecked.
1)
What
do you
call theform
contract
pledged
shares
at ainpublic
sale
keep
the
Z
as
partners.
Y[jus
contributed
over
the
land.
There
is
Antichresis
(1995)
Commodatum.
(Art.
1933,
Civil
Code)
A
hadcapitalist
been
keeping
deposit
forand
his
friend
B.
is
6%
from
the
time
of no
theparticular
final
demand
upofto
Manila?
2)
Is
B
obliged
to
pay
A
for
the
use
to
one
year
period.
However,
if
Pedro
has
urgent
and
Jusshall
utendi
the
may
have
that
was
entered
into
by ofplantation
proceeds
asand
collateral
for
the
loan.
There
is
no
In
their
hurry,
XinZ
and
Yother);
left
in both
A's
bedroom
one
P50,000.00
contributed
P20,000.00
toas
required
forfinality
validity
a mortgage
of real
Olivia
owns
athe
vast
mango
which
she
bailor
refund
the
extraordinary
expenses
d)
Who
shall
bear
the
expenses
for
the
the
time
of
of
judgment
until
judgment
passenger
need
of the
van,
he
may
demand
for
its
return
subject
matter
either
an
immovable
or
a
showing
that
the
fall
in
the
value
of
the
(1)
of
the
bags
which
they
had
taken
from
the
the
common
fund.
By
a
unanimous
vote
of
property.
It
is
not
covered
by
the
statute
can
no is
longer
properly
manage
due
to
a of the
during the contract for the preservation of the
accidental
damage
caused
by
the
cargo
jeepney?
3)
Is
B
liable
to
A
for
the
credit
fully
paid.
The
court
considers
or
temporary
use.
movable;
and,
both
maybe
constituted
over
pledged
property
wasappointed
attributable
to the
bank.
partners,
W
and
X were
frauds
in
Art.
1403,
NCC
and
even
assuming
2211,
lingering
illness.
Since
she
is indebted
toand
Peter
thing loaned
provided
the
baileemanaging
brings
the
truck,
granting
that
the
truck
driver
loss ofCC)
the
latter
as
aJeepney?
forbearance
of
money.
(Eastern
With
X
and
Y
now
at
large
and
nowhere
to
be
consumable
goods
(Arts.
574
&
1936,
Civil
pledger's
fault
or
fraud.
On
the
contrary,
the
partners,
without
any
specification
of
their
that
it
is
covered,
the
delivery
of
the
title
to 78
SUGGESTED
ANSWER:
in the amount
of P500.000.00
she
asks
Peter
same to the knowledge of the bailor before
truck
owner
are
insolvent?
Explain.
(2%)
Shipping
Lines,
Inc.
v.
CA,
234
SCRA
A
applied
for
the
position
of
Secretary
and
B
found,
the
bag
containing
P50.000.00
is
now
Mutuum;
Interests
(2004)
Code).
A consumable
thing
may
be they
theHad
subjecteconomic
crisis
was
the
culprit.
SUGGESTED
ANSWER:
respective
powers
and
duties.
1) manage
the
The
creditor
contract
has
is
taken
called
it out
"commodatum".
the coverage
to
the
plantation
andofapply
the [Art.
incurring
the
same,
except
when
arethe
so
[1994];
ArtANSWER:
2210
and
applied
for
the
position
of
Accountant
of
the
SUGGESTED
Generally,
extraordinary
expenses
In
claimed
the
given
by
B,
problem,
by
the
Mayor
Pedro
of
left
Manila,
his
Adventure
and
by
matter
of
an
abnormal
usufruct
but
in
a
normal
The
parties
in
a COMMODATUM
contract
ofobligation
loan
pledgee
been
deceived
as
to
the
substance
or
Mutuum
Commodatum
1933. Civil
Code).
isof
a money
thereof.
A contract
of mortgage
of arising
real
harvest
to
the
payment
of
her
toonthe
urgentvs.
that
the reply(2004)
to the notification cannot
1,
Under
Art.
1830
(1)
(c)
of
the
NCC,
partnership.
the
occasion
of
the
actual
use
of
the
thing
the
bank.
van
with
Tito
so
that
the
latter
could
use
it
for
usufruct,
the
subject-matter
may
be
used
only
agreed
that
the
yearly
interest
rate
is
12%
quality
of
the
pledged
shares
of
stock,
he
Distinguish
briefly
but
clearly(Art.
between
contract
property
by
is consensual
which
of
and
theis
parties
binding
on theand
him,
principal
and one
interest,
until
her (bailor)
be
awaited
without
danger.
1949
of the
The
hiring
of
A
was
decided
upon
by
W
and
X,
dissolution
by
Patricia
and
Priscilla
is
valid
and
B
claims
that
the
depository.
A,
by
force
loaned
by
the
bailee,
even
if
incurred
without
one
year
while
he
was
in
Riyadh.
There
was
for
exhibition.
A
commodatum
of
a
consumable
it
can
be
increased
if
there
is
a
law
that
would
would
have
had
the
right
to
claim
another
Mutuum
and commodatum.
deliversdespite
to another
(bailee)
something
not
parties
absence
of
writing.
However,
indebtedness
shall
have
been
fully
paid.
Peter
Civil
Code)
but
by
and
Z.to of
did
not
violate
the
contract
of
partnership
even
majeure
had
the
bag
money
in the
SUGGESTED
ANSWER:
fault
of
the
bailee,
shall
be
shouldered
equally
no was
mention
of place
aforY
consideration.
may
be obtained
only
the
ofThus,
authorize
the
increase
of
interest
rates.
thing
inopposed
their
orpurpose
the
immediate
and
Peter?
Explain.
2)
What
specific
consumable
third
parties
so
are
that
notthe
bound
because
may
of it
the
for a
agrees.
1) What
kind
of latter
contract
is use
entered
Pledge
(2004)
though
Pauline
and
Philip
did
not of
consent
In
place
MUTUUM,
of the
box
the
ofobject
money
deposited
must
bythe
B.
becase
a
by
the
bailor
and
the instrument
bailee.
(Art.
1949
the
contract
perfected
wasborrowed
commodatum.
The
exhibiting,
not
consuming
it.
Suppose
OB,
the
lender,
would
increase
by
5%
payment
of
the
obligation.
This is not
obligations
imposed
by
law
on
Peter
certain
time
and
return
it.
absence
of
aare
written
evidencing
into
between
Olivia
ABC
loaned
towas
MNO
P40,000
for
which
the thereto.
The
hiring
B
decided
bywhich
W
and
The
consent
of
Pauline
is
consumable
thing
the
ownership
of
is Z,
Civil
Code).
However,
if
Pedro
had
an
urgent
amount
of of
P15,000.00
was upon
spent
by
Tito
to
the
rate
of
interest
to
be
paid
by
TY,
the
2)
as
No,
a
consequence
B
is
not
obliged
of
their
to
pay
contract?
A
for
the
3)
Does
use
of
here.
the mortgage and, therefore the absence of not
latter
pledged
400
shares
of
stock
in
XYZ
Inc.
It
but
was
opposed
by
X
and
Y.
The
Mayor
of
Manila,
on
the
other
hand,
necessary
because
she
had
already
assigned
transferred
to
the
borrower
who
incurs
the
need
forrequire
the
vehicle,
Tito
would
be
inthe
delay
for
tune up the van and to repair its brakes. Such
borrower,
without
a
law
authorizing
such
the passenger
Jeepney
because
commodatum
law
any
form
for
the
registration.
But
thisspecific
does
not
affect
was
agreed
that
if
the
pledgor
failed
to
pay
the
claims
that
the
bag
of
money
should
be
her
interest
to
Philip.
The
consent
of
Philip
is
obligation
to
return
the
same
consumable
to
of essentially
theirto
contract?
Explain
4) May
Olivia
refailure
immediately
return
the
same,
then
expenses are extra-ordinary expenses because
increase,
would
OBs
action
be
just
and
valid?
is
validity
gratuitous.
(Art.
1933.
Civil
Code]
validity
of
the
mortgage
between
the
parties
Who
of
the
applicants
should
be
hired
by
the
SUGGESTED
ANSWER:
loan
with
10%
yearly
interest
within
four
years,
deposited
with
the
Office
of
the
Mayor
as
not
also
necessary
because
the
assignment
to
the
lender
in
an
equal
amount,
and
of
the
same
acquire
the
plantation
before
her
entire
Tito would
be
held
liable
for themay
extraordinary
they are necessary for the preservation of the
Why?
Has TY
a remedy
against
thecompel
imposition
(Art.
2125,
NCC),
The
the
ALTERNATIVE
ANSWER:
action
is not
justcreditor
and
valid.
The
partnership?
Explain
and
give
your
reasons.
the
pledgee
is bear
authorized
to
foreclose
on
the OB's
required
of
the
finder
by the
provisions
of
the
him
of
Pauline's
interest
did
not
make
him a
b)
Who
the
costs
for
the
van's
kind
and shall
quality.
In COMMODATUM,
the
3)
Yes,
because
Bshall
devoted
the
thing
to
a debtor
indebtedness
have
been
fully
paid?
expenses.
van
Thus,
the
same
should
be
borne
by
the
of
the
rate
increase?
Explain.
(5%)
debtor
to
execute
the
mortgage
in
a
public
Interpreting
Art.
1830
(1)
(c)
to
mean
that
if
SUGGESTED
ANSWER:
cannot
be
required
tothat
pay
increase
Commodatum
vs.
Usufruct
(1998)
shares
ofand
stock.
required,
MNO
Civil Code.
SUGGESTED
ANSWER:
partner,
under
Art,from
1813
of
the
NCC.
fuel,
oil
other
materials
while delivered
it was
object
borrowed
isAs
usually
a non-consumable
purpose
different
forthe
which
itinterest
has in
Explain.
bailor,
Pedro.
document
in
order
to
allow
its
registration
one
of
the
partners
had
assigned
his
SUGGESTED
ANSWER:
there
being
no par.
law 2,
authorizing
it, as
The
resists
the of
claims
ofto
B not
and
thewith
Mayor
possession
of the
shares
ABC
theof interest
with
Tito?
Explain.
(2%)
thingbank
the ownership
which
is
transferred
been
loaned
(Art.
1942,
Civil
Code)
(Art.
1357.NCC
in
relation
to Art.
1358.
NCC).
on
the
partnership
to
stipulated
in
the
contract.
Increasing
the
Manila.
understanding
that
the
shares
would
be
to the borrower who incurs the obligation to
returned
MNO
upon
return thetovery
thing
tothe
the lender.
DEPOSIT
SURETY
PLEDGE
Commodatum & Mutuum
ANTICHRESIS
QUASI-CONTRACT
The courts may, however, increase or moderate thehouse

(2) When
under the
theprinciple
contract
of negotiorum
refers gestio.
to things
He waspertaining
not liable
to
indemnity according to the circumstances of as
the burning of the house is a fortuitous event. Is B liable to A for
the
each case.
damages under the foregoing circumstances?
Art. 2146. If the officious manager delegates to
another person all or some of his duties, he SUGGESTED ANSWER:
shall be liable for the acts of the delegate, No. B is not liable for damages, because he is
without prejudice to the direct obligation of a gestor in negotiorum gestio (Art. 2144, Civil
Code) Furthermore, B is not liable to A
the latter toward the owner of the business.
because Article 2147 of the Civil Code is not
The responsibility of two or more officious
applicable.
managers
shall
be
solidary,
unless
B did not undertake risky operations which the
management was assumed to save the thing
owner was not accustomed to embark upon: a)
or business from imminent danger.
he has not preferred his own interest to that of
Art. 2147. The officious manager shall be
the owner; b) he has not failed to return the
liable for any fortuitous event:
property or business after demand by the
(1) If he undertakes risky operations which
owner; and c) he has not assumed the
the owner was not accustomed to embark
(2) If he has preferred his own interest to that
management in bad faith.
upon;
ALTERNATIVE ANSWER:
of the owner;
He would be liable under Art. 2147 (1) of the
(3) If he fails to return the property or
Civil Code, because he used the property for
business after demand by the owner,
an operation which the operator is not
(4) If he assumed the management
accustomed to, and in so doing, he exposed
in bad faith.
the house to increased risk, namely the
Art. 2148. Except when the management was
operation of a pension house on the second
assumed to save the property or business
floor and stores on the first floor
from imminent danger, the officious manager
Quasi-Contracts; Negotiorium Gestio (1995)
(1)
If
he
is
manifestly
unfit
to
carry
on
the
shall be liable for fortuitous events
Armando owns a row of residential apartments
(2) If by his Intervention h e prevented a more
management;
in San Juan, Metro Manila, which he rents out
competent person from taking up the
to tenants. On 1 April 1991 he left for the
management.
United States without appointing any
Art. 2149. The ratification of the management
administrator to manage his apartments such
by the owner of the business produces the
that uncollected rentals accumulated for three
effects of an express agency, even if the
(3) years. Amparo, a niece of Armando,
business may not have been successful.
concerned with the interest of her uncle, took it
Art. 2150, Although the officious management
upon herself to administer the property. As a
may not have been expressly ratified, the
consequence, she incurred expenses in
owner of the property or business who enjoys
collecting the rents and in some instances even
the advantages of the same shall be liable for
1.
What
relation
between
Amparo
spent
forJuridical
necessary
repairs
to preserve
the and
obligations incurred in his interest, and shall
Armando,
if
any,
has
resulted
from
Amparo's
Quasi-Contracts;
Negotiorium
Gestio
(1993)
property.
reimburse the officious manager for the
unilateral act of assuming the administration
In
September, 1972,
declaration
of martial rule
necessary
andupon
useful
expenses
andin the
for the
2. What
rightsapartments?
and obligations,
if any, does
of
Armando's
Explain.
Philippines.
A,
together
with
his
wife
and
children.
disappeared
damages which the latter may have suffered in
Amparo have under the circumstances?
from
his
residence
along
A.
Mabini
Street.
Ermita,
Manila.
B,
his
The
same
obligation
shall
be
incumbent
upon
the performance of his duties.
SUGGESTED ANSWER:
Explain.
immediate
neighbor,
noticing that mysterious
of A
him when
the management
had disappearance
for its purpose
1. Negotiorum gestio existed between
and
family, closed the
windows ofand
his house
to
thehisprevention
of doors
an and
imminent
manifest
Amparo and Armando, She voluntarily took
prevent
from being burglarized.
Years passed
loss, italthough
no benefit
may without
haveB hearing
been
charge of the agency or management of the
from
A and his family, B continued taking care of A's house, even
derived.
business or property of her uncle without any
Art. 2151.
Even
didit. Innot
causing
minor repairs
to bethough
done at histhe
houseowner
to preserve
power from her uncle whose property was
1976,
derive
whenany
business
benefit
began toand
perk up
there
in the area,
hasanbeen
enterprising
no
neglected. She is called the gestor negotiorum
man.
C, approached
B and proposed
that they
at the
imminent
and manifest
danger
tobuild
thestores
property
or officious manager, (Art. 2144, NCC)
ground
floor of the the
houseowner
and convert
secondas
floor
into a the
or business,
is its
liable
under
2. It is recommended by the Committee that an
(1) The
officious
manager
acted
in they
pension
house.
B agreed
to
and
together
spent
first
paragraph
ofCs proposal
the has
preceding
article,
enumeration of any two (2) obligations and two
(2)
The
property
or business
isfloor
intact,
ready to
good
faith,
andof stores
for
the
construction
at the ground
and the
provided:
(2) rights as enumerated in Arts. 2145 to 2152,
be returned
the floor
owner.
conversion
of the to
second
into a pension house. While
NCC, would entitle the examinee to full credit.
construction was going on, fire occurred at a nearby house. The
Art. 2152.
The block,
officious
manager
is personally
houses
at the entire
including
A's were burned.
After the
Art. 2145. The officious manager shall
liablerevolution
for contracts
entered
into
EDSA
in Februarywhich
1986, Ahe
andhas
his family
returned
from
perform his duties with all the diligence of a
with
third
persons,
even
though
he acted
in
the
United
States
where they
took refuge
in 1972.
Upon learning
good father of a family, and pay the damages
the
name
of the
shall be
no
of
what
happened
to hisowner,
house. Aand
sued there
B for damages,
B pleaded
which through his fault or negligence may be
right
of action
the owner
as
a defense
that he between
merely took charge
of his and third
suffered by the owner of the property or
(1)
If theThese
ownerprovisions
has expressly
tacitly
persons.
shallor
not
apply:
business under management.
ratified the management, or
CIVILCIVIL
LAWLAW
Answers
Answers
to thetoBAR
the BAR
as Arranged
as Arranged
by Topics
by Topics
(Year(Year
1990-2006)
1990-2006)
Further,
is
may
(b)
A.
no
There
The
recover
finality
defense
in
is Phoenix
noin
moral
legal
the
of diligence
Construction,
basis
damages
amount
to Ortillos
in
ofifthe
indemnity
the
Inc.
selection
cause
claim
v. Intermediate
because
of
for
and
action
Athe
The
the
van
isvehicle
action
owned
atby
the
or
Orlando
time
may of
not
the
prosper.
driven
accident,
by
Diego,
held
damages
while
Availing
of may
that
portion
ofand
Section
12Moral
ofbe
Article
II of
liability
on
supervision
Article
arising
21ofofthe
the
employee
Civil
Code
thefall
under
crime
for
the
Article
and
the
physical
negotiating
suffering,
abusiness,
downhill
mental
slope
ofanguish,
a city road,
fright,
1987
owner
liable
with
Constitution
of
histhe
driver,
John?which
(5%)
reads;
civil
based
moral
damages.
It from
does
not
under
the 1987.
include
the
solidarily
Appellate
Court
(G.R.
L-65295,
March
10,
SUGGESTED
(NOTE:
ANSWER:
is speed,
recommended
byprotect
the beyond
Committee
The State
xItxx
shallbesmirched
equally
the the
life of the
judgment
humiliation
2180
of the
on
and
Civil
the
embarrassment
Code
crime
is available
has
not
they
only
yet
felt
become
to
when
serious
suddenly
gained
anxiety,
obviously
reputation,
coverage
of
Article
2219
of
the
New
Civil
148
SCRA
353)
the
Supreme
Court
held
that
that
an
enumeration
of anyfrom
two
(2)
obligations
Yes.
Art
may
be
held
solidary
liable
witha
John,
and
the
life
of in
the
unborn
conception,
mother
finalrole
those
stewardess
primarily
threatened
liable thereunder,
offload
butthem
not
toif
wounded
authorized
limit
feelings,
the
area,
moral
and
shock,
bumped
social
car"xxx"
Code.
the
of the common
law to
"last
clear
chance"
and proven
any two (2)
rights
as enumerated
la Arts.have
if
it
was
that
the
former
could
ALTERNATIVE
ANSWER:
c)
B.
Yes.
Ortillo
Since
is
entitled
the
civil
to
indemnity
attorneys
is
fees
an
because
award
in
he
claims
confers
a
civil
personality
on
the
unborn
which
they did
those
subsidiarily
not
avail of
liable
the
under
upgrade.
Article
103Civil
of
humiliation,
in front2145
of it,
causing
and
similar
severed
injury.
damage
Although
to
the
doctrine
in relation
to
Article
2179
of the
to 2152, NCC would entitle the examinee
If
it
can
be
proved
that
DT's
pain
in
his
arm
prevented
the
misfortune
with
the
use
of
due
the
moment
of
conception.
the
Fabricatos
civil
action
complaint
arising
is
a
case
from
of
the
malicious
criminal
from
Revised
Penal
Code (Yumul
vs. Juliano,
72
incapable
care and
serious
ofcredit.)
pecuniary
injuries
computation,
its passengers.
moral
Code
is merely
to mitigate
damages
within the
Quasi-Contracts;
Solutio
Indebiti to
(2004)
to full
and
wrist
occasioned
bynegligence.
the
of
diligence.
Article
2184
of the
Civil
Code
states:
Liability;
owner
who
inthat
the
vehicle
(1996) civil
offense,
prosecution
or rule
awas
clearly
unfounded
a transfer
party
cannot
be
Phil.
94).
damages
Orlando
was
may
not
be
in
recovered
the
car
at
the
if they
time
of
are
thethe
context
ofthe
contributory
DPO
went
to
a
store
to
buy
a
pack
of
Damages
(1994)
luggage
was
caused
by
fault
or NCC).
negligence
on
"In
motor
mishaps,
the
isinjured
solidary
liable
Boy
filed a
case
against
the
Marcial,
who
does[4]
not
know
how
to he
drive,
has
granted(Art.
action.
affirmative
2208
relief
and
[11],
unless
himself
proximate
incident.
The
result
carfor
owner
ofdamages
theowner
and
defendant's
the
wrongful
cigarettes
worth
P225.00
only.
He gave
the
On
January
5,
1992,
Nonoy
obtained
a
loan
of
the
part
of
the
airline's
stewardess,
actual
Moral
Damages;
Non-Recovery
Thereof
(2006)
with
hisomission.
driver,
ifOrlando
the
former,
who
was inbethe
abortionist,
praying
therein
that
the
latter
always
been driven
by apply.
Ben,
his
driver of ten
has appealed
should
Therefore,
it was
act
passengers
or
sued
Moral
and
damages
Diego
predicated
for
vendor, RRA, a P500-peso bill. The vendor
Pl,000,000.00
from
his
friend
Raffy.
damages
be
recovered.
Under
Article
of
the
Code,The
moral
vehicle,
could
have,
by negligence.
the
use
due
ordered
pay
him:
(a)
P30,000.00
as of
years
he2219
had
chosen
carefully
and
error whom
formay
the
Court
ofCivil
Appeals
to has
have upon
damages
a to
breach
caused
by
ofplus
Diegos
contract
ofchange.
carriage
InWas
are
gave
him
the
pack
P375.00
ALTERNATIVE
ANSWER:
The
airline
may
liable
forin
moral
damages
promissory
note
did
not stipulate
payment
damages
may
bebe
recovered
the
cases
diligence,
prevented
theof
misfortune,
x x carrier
x"
indemnity
for
the
death
the
fetus,
(b)
never
figured
in
a
vehicular
mishap.
One
day,on recoverable
expanded
the
indemnity
since
theany
judgment
their
defense,
only
Diego
in
instances
claims
that
where
the
downhill
the
there
a discount,
anSupreme
oversight,
or aninerror
in
It depends.
The
Court
Chapman
pursuant
to
Art.
2219
(10)
ifwhich
the
cause
of 5,
d)
No. was
Courts
can
review
matters
assigned1.
as
for
The
note
was
due
on
January
specified
therein
several
of
are
P100.000.00
as
moral
damages
for
the
mental
Marcial
riding
atbecome
the
back
seat
of not
his
the Interest.
civil
liability
had
final.
is
slope
guilty
caused
of given?
fraud
the(27
van
or
to
bad
gain
faith
speed
orDPOs
and
where
that,
the
the
amount
What
would
be
duty,
vs,
Underwood
Phil
374),
held:
"An
owner
action
isResource
based
on
Article
or
an
act
errors.
(Hydro
vs.
CA 21
. the
204
SCRA
1993 but
before
this
date
the
two
became
enumerated
below.
Choose
case
wherein
anguish
and
anxiety
he
suffered,
(c)
P50,000.00
Mercedes
Benz
being
driven
along
EDSA
by
mishap
as
he
stepped
resulted
on
in
the
the
brakes
death
to
check
of
a
passenger.
the
if any,
in in
case
an excess in
amount
of and
who
sits
hisof
automobile,
or the
other
vehicle,
contrary
to recover
morals
in
viewout
ofbook,
the
humiliation
309).
political
enemies.
Nonoy,
of spite,
you
cannot
moral
damages.
Explain.
as
exemplary
damages,
(d)
P20,000.00
asthe of
Ben.
Absorbed
in reading
a
Marcial
did
(Cathay
Pacific
Airways,
Ltd.
v.
Court
acceleration,
the
brakes
locked,
causing
change
given
by the
vendor?
How
isviolation
this
permits
his
driver
to
continue
in
a
of
Defense;
Due
Diligence
in
Selection
(2003)
suffered
by
DT
and
MT
when
they
were
deliberately
defaulted
in paying
the note,
(2.5%)
a) Athat
criminal
offense
resulting
inthethus
nominal
damages,
(e)
P25,000.00
as
not
notice
they were
approaching
SUGGESTED
ANSWER:
Appeals,
G.R.
No.and
60501,
March
5,
van by
to go
even
faster
and
eventually
hit1993)
the
situational
relationship
between
DPOto
and
RRA
law
the
performance
of
negligent
acts,
after
As
a
result
of
a
collision
between
the
taxicab
separated
from
their
guests
and
were
forcing of
Raffy
to sue
him. 1)when
Whatthe
actual
physical
injuries
b)
Quasi-delicts
causing
There
was
error
in
amount
of change
given
attorney's
fees.
May
actual
damages
be also
corner
Quezon
Avenue,
traffic
Where
there
isExplain.
nothe
showing
that
the
airline
carhas
in front
it.
Orlando
and
Diego
contend
denominated?
(5%)
Liability;
Airline
Company;
Non-Performance
ofRaffy
an Obligation
he
had
aofreasonable
opportunity
to observe
SUGGESTED
ANSWER:
owned
byinjuries
Ato
and
another
taxicab
owned
by
threatened
be c)
offloaded.
damages
can
Raffy
recover?
2) Can
askB,
physical
Immorality
orsuddenly
dishonesty
by
RRA.
This
is
a
case
of
solutio
indebiti
in
that
recovered?
If
so,
what
facts
should
be
alleged
light
had
just
turned
yellow.
Ben
acted
fraudulently
or
in
bad
faith,
liability
that Mechanical
the
sudden
malfunction
of
the
vans
brake
(2005)
Yes,
No.
provided
defects
the pecuniary
of a motor
loss
vehicle
suffered
dofor
them
and
tothat
direct
that
the
driver
cease
X,
a passenger
theNonoy?
first
taxicab,
was
forIllegal
moral
damages
from
3)
Can Raffy
d)
search
e)of
Malicious
DPO
received
something
that
is
not
due
him.
and
proved?
stepped
on
the gas
to
cross
theprosecution
intersection
damages
is
limited
to
the
natural
and
probable
system
is a
fortuitous
even
that,
therefore,
Dr.
Mrs.
AlmedaXare
prominent
of
should
not
constitute
substantiated
fortuitous
and
event,
duly
since
proved.
the
therefrom,
becomes
himself
responsible
for
In
thebe
instant
case,
ifand
the
involuntary
seriously
injured.
later
filed
acitizens
criminal
ask and
for the
nominal
4) turn
Can
Raffy
asktoo
for
SUGGESTED
ANSWER:
Immorality
and red.
dishonesty,
He
has
the
obligation
to
return
P100.00;
before
trafficdamages?
light
could
But,
consequences
of
the
breach
of the
theIs
contract
of
they
are
exempt
from
any
liability.
this
SUGGESTED
ANSWER:
presence
of
such
defects
would
have
been
the
country
and
are
frequent
travelers
abroad.
such
acts,
x
x
x
On
the
other
hand,
if
the
driver,
upgrading
of
the
Almedas'
seat
action
against
both
drivers.
temperate
damages?
5)
Can
Raffy
ask
for
per
se,
are
not
among
those
cases
enumerated
otherwise,
he
will
unjustly
enrich
himself
at
late.
Midway
in
the
intersection,
the
traffic
carriage
which
the
parties
had
foreseen
or
contention
tenable?
Explain.
(2%)
1)
Raffy
may
recover
the
amount
of the
Damages
arising
fromwas
Death
of Unborn
Child
May
both
taxicab
owners
raise the
defense
of
In
1996,
they
booked
round-trip
business
class
readily
detected
by
diligent
maintenance
by
a sudden
act
of
negligence,
and(2003)
without
accommodation
not
attended
by
fraud the
or
ALTERNATIVE
ANSWER:
attorney's
fees?
in
Article
2219
which
can
be the
basis
ofwith
an
the
ofwoman
RRA. (Art.
2154, Civil
Code)
light
changed,
and
a
full
of passengers
could
have
reasonably
foreseen.
Invehicle
such
ain
case
promissory
note
of
P1Jeepney
million,
together
If
a expense
pregnant
passenger
of
athe
bus
were
due
diligence
in
the
selection
and supervision
check.
The
failure
to
maintain
the
tickets
for the
Manila-Hong
Kong-Manila
route
owner
having
a to
reasonable
opportunity
to
bad
faith,
the
award
of
moral
damages
has
no
DPO
has
the
duty
return
to
RRA
excess
action
for
moral
damages.
The
law
specifically
suddenly
the car's
path.
Adate
collision
the
liability
does
not
include
moral
anda
interest
atcrossed
the
legal
from
the
of
to
suffer
an abortion
following
a vehicular
of their
drivers
to berate
absolved
from
for
the Pinoy
Airlines,
where
they
areliability
holders
of
safe
running
condition
constitutes
negligence.
prevent
the
act
or its
continuance,
injures
leg
to
stand
on.
P100
as
trustee
under
Article
1456
of
the
Civil
mentions
adultery
or concubinage,
etc.
but
betweenorthe
two vehicles
was inevitable.
Asnot
a
exemplary
damages.
Liability;
Airline
Company;
Non-Performance
an
Obligation
SUGGESTED
ANSWER:
judicial
extrajudicial
demand.
addition,
Thus, which
spouses
also be
entitled
to
accident
to would
the the
gross
negligence
of
the
damages
to
X?Class
Reason.
5%
Gold Mabalos
Frequent
FlierIncards.
On
person
ordue
violates
criminal
law,
the
owner
Code
provides:
Ifnot
property
isofacquired
any
and
every
immoral
act.
result,
several
jeepney
passengers
were
It
depends.
If
the
civil
action
is
based
on
a
(2004)
however,
inasmuch
as
the
debtor
is
in
bad
SUGGESTED
ANSWER:
exemplary
damages.
It
is
a
requisite
in the
bus
driver,
may
she
and
her
husband
claim
their return flight, Pinoy Airlines upgraded
of
the automobile,
therein
at
through
mistake or although
fraud, thepresent
person obtaining
seriously
A liable
suit
for
damages
based
on
quasi-delict
the
taxicab
owners
may
raise
the the
Marcial
notfirst
be
because
under
Art.
DT
were
prominent
members
ofdeath
the
faith,
hemay
isinjured.
liable
for
all damages
which
may
grant
ofMT
exemplary
damages
thata
the
act
of
damages
from
bus
company
for
the
their tickets
to
class
without
their
consent
time
the
act
was
committed
is
not
it
is,and
by
force
ofthe
law,
considered
trustee
of the
an
culpa
aquiliana
was filed
against
Marcial
and
SUGGESTED
ANSWER:
defense
of
diligence
of to
ais
good
ofis a responsible,
2184,
NCC,
the
owner
who
in nonthe
vehicle
frequent
travelers
club
of FX
In
be
reasonably
attributed
the
Quasi-Delict
(1992)
offender
must
be
accompanied
by
bad
faith
or
of
their unborn
child?
Explain.
5%
and,
inspite
of
their
protestations
tofather
be allowed
either
civilly
or person
criminally,
implied
trust
for
the
benefit
ofAirlines.
the
from
No,
the
spouses
cannot
recover
actual
Ben,
seeking
to
hold
them
jointly
and
severally
2)
Yes,
under
Article
2220,
NCC
moral
family
in
the
selection
and
supervision
of
the
not
liable
with
the
driver
if
by
the
exercise
of
Hongkong,
the
couple
were
assigned
seats
in
performance
the
obligation.
(Art.
2201(2).
(Morris
v.
Court
of
Appeals,
G.R.
No.
127957,
As
the
result
of
a
collision
between
a
public
done
in
wanton,
fraudulent
or
malevolent
to remain in the business class so that they
therefor.
The
act in
complained
ofinmust
be
whom
property
comes.
There
is,
this
Liability;the
owner
who2001)
was
the
vehicle
(2002)
in
the
form
of
indemnity
for
the
loss
liable
for
such
injuries.
May
Marcial
be
heldofon damages
damages
are
inathey
case
oftruck
breach
driver;
the recoverable
action
against
them
is
based
due
diligence
he
could
have
prevented
the
Business
Class
for
which
they
had
bought
NCC).
February
21,
Moreover,
to
be
entitled
service
passenger
bus
and
cargo
manner.
could
beif
with
their
friends,
were
told
that
continued
in
the
presence
of
the
owner
for
such
case,
an
implied
or
constructive
trust
in
favor
Does
theOn
presence
of
the
owner
inside
the
of
life of
the
unborn
child.
This
is because
the
liable?contractual
Explain.
contract
theor
defendant
acted
culpa
civil
liability
arising
from
injury.
The
law
does
not
require
the
owner
to
tickets.
checking
in,must
however,
they
were
thereto,
the
claimant
first
establish
his
owned
bywhere
D,
X
sustained
physical
injuries
and
the business
class
was
already
fully
booked,
a
length
of
time
that
the
owner,
by
his
of
RRA.
vehicle
causing
damage
to
a
third
party
affect
unborn
child
is
not
yet
considered
a
person
fraudulently
or
in
bad
faith.
a
crime,
they
cannot
raise
the
defense.
supervise
theXdriver
every
minutein
that
hethe
was
told they
upgraded
by computer
to own."
First
right
to were
moral,
temperate,
or act
compensatory
Y
died.
Both
and Ygiven
werepriority
passengers
of
and
that
they
were
upgrading
acquiescence,
makes
his
driver's
his
Filing
of Separate
Civil Action;
Need
forbe
Reservation
(2003)
his the
liability
for2234,
his
drivers
negligence?
3)
Nominal
damages
may
not
recoverable
in and
allows
indemnity
only
for
loss
driving.
Only
when
through
his
negligence,
Class
forlaw
the
flight
to
Manila
because
the of the
damages.
(Art.
Civil
Code)
Since
bus.
Both
drivers
were
at fault,
and
so X of
andthe
Z,
because
they
are
elite
members/holders
SUGGESTED
ANSWER:
As
a
result
of
a
collision
between
the
taxicab
Explain
(2%)
this
case
because
Raffy
may
already
be
life
of
person.
The
mother,
however
may
Both
refused
to
transfer
despite
better
seats,
Collapse
of
Structures;
Last
Clear
Chance
(1990)
owner
has
lost
an
opportunity
to
prevent
the
Business
Section
was
overbooked.
Almedas
are notmishaps,
entitledthe
to owner
any of
these
the
heir and
legitimate
childthey
of the
Goldonly
Mabalos
Class
cards.taxicab
Since
were
In
motor
vehicle
is made
owned
bywould
A of
and
another
owned
by B,
indemnified
his
losses
with
the
award
of
recover
damages
for
the
bodily
injury
she
food,
beverage
and
other
services
in
First
Mr
and
Mrs
R
own
a
burned-out
building,
the
accident
he
be
liable
(
Caedo
v.
Ytt
Khe
damages,
the
award
for
exemplary
damages
deceased
Y, sued
thediscussions
owners of both
vehicles.
embarrassed
at
the
with
the
flight
solidarily
liable
with
his
driver
if
he
(the
X,
a 26
passenger
of
theChapman
first taxicab,
was
actual
and
compensatory
damages.
NOMINAL
suffered
from
thecollapsed
loss
of
the
fetus
which
Class.
said
they
had
guests
in
Business
firewall
of
which
and
destroyed
Thai,
SCRA
410
citing
v.
has
no They
legal
basis.
Where
the
awards
foristhe
moral
a)
May
the
owner
of
the
bus
raise
the
defense
attendants,
they
were
forced
to
take
the
flight
owner)
was
in
the
vehicle
and
could
have,
by
seriously
injured.
X later
filed
a 250
criminal
DAMAGES
are
inoforder
that
a
considered
partby
ofdamages
herfamily
internal
organ.
Class
they should
attend
to. are
They
felt
Underwood
andadjudicated
Manlangit
v.only
Mauler,
SCRA
shop
occupied
the
of Mr
andThe
Mrs S,
and
exemplary
eliminated,
so
of
having
exercised
the diligence
a good
at
the
first
class
section
apart
from
their
the
use
of
due
diligence,
prevented
the
action
against
boththe
drivers.
right
of
the
plaintiff,
which
has
been
violated
or parents
mayembarrassed
also
recover
damages
for
injuries
humiliated,
and
vexed,
however,
560).
In
this
case,
fact
that
the
owner
was
which
resulted
in
injuries
to
said
couple
and
must
the
award
for
attorney's
fees
be
father
of
a
family?
b)
May
D
raise
the
same
friends
whoANSWER:
werefor
in the
class.
Uponto
mishap.
(Caedo v.
Yu Khe
Thai,
26 SCRA
410
ALTERNATIVE
Is
it necessary
X
tobusiness
reserve
his right
invaded
by
defendant
may
bedamages
vindicated
or
that
are
upon
them,
e.g.,
when
theinflicted
stewardess
allegedly
threatened
to
absorbed
inthe
reading
a book
does
not
the
of(Orosa
daughter.
MrAppeals,
and Mrs
S had
eliminated.
v. Court
of
G.R.
No.
defense?
c)
May
X be
claim
moral
from
Moraldeath
Damages
&their
Atty directly
Fees
(2002)
theirMarcial
return
to
Manila,
they
demanded
a
Yes,
should
held
liable.
Art.
2164.
[1968]).
ALTERNATIVE
ANSWER:
institute
a
civil
action
for
damages
against
recognized,
and
not
for
the
purpose
of
moral
damages
for
mental
that
offload
them
ifbythey
did
notanguish
avail
of
the
conclusively
show
that
he
lost
the
opportunity
been
warned
Mr
&
Mrs
R
to
vacate
the
111080,
April
5,
2000;
Morris
v.
Court
of
both
defendants?
d)
May
Z
claim
moral
Ortillo
contracts
Fabricato,
Inc.
to
supply
and
written
apology
from
Pinoy
Airlines.
When
it
NCC
makes
an
owner
of afor
motor
vehicle
Yes,
the
action
will
prosper.
Article
2201
the
both
taxicab
owners
before
he
file
aofcivil
SUGGESTED
ANSWER:
indemnifying
the
plaintiff
anycan
loss
suffered
attended
the
loss
ofproximity
the
unborn
child.
Since
upgrade.
Thus
they
gave
in,February
but
during
the
to
prevent
the
accident
through
his
negligence.
shop
in
view
of
its
to
the
weakened
Appeals,
G.R.
No.
127957,
21,
2001)
damages
from
both
defendants?
Give
reasons
Death
Indemnity
(1994)
install
tile
materials
in
a
building
he
is
went
unheeded,
the
couple
sued
Pinoy
Airlines
solidarily
liable
the
driver
being
in the
the
SUGGESTED
ANSWER:
Civil
Code
entitles
the
person
toif,
recover
4)
Raffy
may
askwith
for,
but
would
most
likely
not
(a)
No.
The
owner
of
the
bus
cannot
raise
action
for
damages
against
them?
Why
by
him.
(Article
2231.
Civil
Code)
there
is gross
negligence,
exemplary
damages
transfer
of
DT
suffered
pain
in
his
arm
wall
but
the
former
failed
to
dohomicide
so.
Mr
&
Mrs
most
that
can
be
adjudged
in
their
favor
for
for
all
your
answers,
donating
toluggage
his
province.
Ortillo
pays
50%
of
It
depends.
Ifcontract
the
separate
civil
action
is to The
Johnny
Maton's
conviction
for
was
breach
of
claiming
moral
and
vehicle
at
the
time
of
the
mishap,
he
could
damages
which
may
be
attributed
to
nonbe
awarded
temperate
damages,
for
the
defense
because
the
carrier's
liability
is based
can
also
be
recovered.
(Gelus
v.
CA,
2
SCRA
and
wrist.
After
arrival
in
Manila,
they
S
filed
against
Mr
and
Mrs
R
an
action
for
Pinoy
Airlines'
breach
of
contract
is
an
award
the
contract
price
as
per
agreement.
It
is
also
recover
damages
arising
from
the
criminal
act,
affirmed
by
the
Court
of
Appeals
and
in
exemplary
damages,
as
well
as
attorney's
fees.
have
prevented
it
by
the
exercise
of
due
performance
of actual
an obligation.
Inmay
Alitalia
reason
thatofhis
damages
already be
on
breach
contract
801
[1961])
demanded
apology
from
FXs
management
recovery
of
damages
former
suffered
as
athe
for
nominal
damages
under
Article
2221
of
However,
ifan
spouses
Almeda
could
prove
that
agreed
that
the
balance
would
be
payable
reservation
isupon
necessary.
If reasons.
the
civil
action
addition,
although
thethe
prosecution
had
not
WillYes.
the D
action
prosper?
Give
(5%)
diligence.
The
traffic
conditions
along
EDSA
at
Airways
v.
Court
of Appeals
(G.R.
No.
77011,
compensated
proof
thereof
with
the
(b)
can
raise
the
defense
because
his
as
well
as
indemnity
payment.
When
none
was
result
of
the
collapse
of
the
firewall.
In
Civil
Code.
(Cathay
Pacific
Airways
Sps.
there
was
faith
on
the
partincreased
of v.Pinoy
periodically
after
every
10%
performance
until
against
the
taxicab
is issues
based
on
culpa
appealed
at bad
all.
The
appellate
court
any time
ofbased
day
or
are such
as toticket
require
July
24, 1990)
, when
an
airline
to
promissory
note.
TEMPERATE
DAMAGES
liability
is
onnight
aowners
quasi-delict.
forthcoming,
they
sued
the
airline
for
a million
defense,
and
R
rely
onP30,000.00
the
doctrine
Daniel
& Mr
Maria
Luisa
Vasquez,
G.R.
No.
150843,
Airlines
when
itMrs
breached
the
contract
of
FX
committed
breach
of
contract
completed.
After
performing
about
93%
of
the
contractual,
or on
quasi-delict,
there
is
no need
theAirlines
indemnity
for
death
from
to of
SUGGESTED
ANSWER:
the
observance
ofonly
utmost
and
total
a
passenger
confirmed
on care
a the
particular
flight,
a
may
be awarded
when
court
finds
that
pesos
in
damages.
Is
the
airline
liable
for
ALTERNATIVE
ANSWER:
last
clear
chance
alleging
that
Mr
and
Mrs
S
March
14,
2003)
carriage,
it
could
be
liable
for
moral,
when
it
upgraded
DT
and
MT,
over
their
contract,
for
it has
paid an
for
reservation.
P50,000.00.
On which
his appeal
to thebeen
Supreme
alertness
view
of the
large
ofbut
(c)
Because
X
suffered
physical
injuries,
X can
contract
ofincarriage
arises
andnumber
the
passenger
some
pecuniary
loss
has
suffered
its
actual
moral
damages?
Why
or
why
not?
No,
such
reservation
is been
not necessary.
Under
had
theand
lastas
chance
to avoid
the
accident
exemplary
well
as
attorney's
fees.
objections,
toclear
First
Class
because
they
had
additional
40%
per
agreement,
Fabricato,
Court,
among
theas
other
things
Johnny
Maton
vehicles
running
at great
speed.
Marcial
wasthe
claim
moral
damages
against
D, of
but
as
against
expects
that
he would
fly nature
on
that
day.
When
amount
cannot,
from
the
the
case,
be
Explain
briefly.
(5%)
Section 1 of Rule 111 of the 2000 Rules on
Liability;
Employer;
Damage
caused
by
Employees
(1997)
if
only
they
heeded
the
formers
warning
to
contracted
for
Business
Class
passage.
Inc.
did
not
complete
the attention,
project
due
to
brought
to
the
high
court's
was
theits
negligent
in
that
heoverbooked,
rendered
himself
oblivious
the
owner
ofcertainty.
the bus.
X(Article
can claim
airline
deliberately
it moral
took
the risk
proved
with
2224,
Civil
Criminal
Procedure,
what
is2208
deemed
a)
When
would
an
employer's
liability
forRs
vacate
the
shop,
and
therefore
Mr
and
Mrs
5)
Yes,
under
paragraph
2,
Article
of
the
However,
although
there
is
a
breach
of
sudden
cessation
operations.
Instead,
increase of
indemnityof
imposed
by the Court
ofdamage,
to having
the traffic
hazards
by reading
a negligence
book
damages
only
if X proves
reckless
of
to deprive
some
passengers
of their
Code)
instituted
with
the criminal
action is
only
the
bynegligence
andespite
employee
in
the
performance
ofIfhis
assigned
caused
prior
should
be
disregarded.
you
Civil
Code,
considering
that
Nonoy's
act
or
contract,
DT
and
MT
are
entitled
to
actual
Fabricato,
Inc.
demands
payment
of
the
last
Appeals
the
clear
fact
that
the
People
instead
of focusing
his attention
on the
of
the
to fraud.
SUGGESTED ANSWER:
seat
incarrier
case
allamounting
of them
would
show
up. road
For the
SUGGESTED
ANSWER:
tasks,
be
primary
and
when
would
it
be
subsidiary
action
to
recover
civil
liability
arising
from
the
the
judge,
would
you
the
omission
has
compelled
Raffyof
litigate
to
damages
only
for
such
pecuniary
losses
(d)
can and
claim
moral
damages
against
both
Iwere
would
decide
inhow
favor
of Mr
& decide
Mrs
S.
The
10%
of
the
contract
despite
its
non-completion
had
not
appealed
from
the
appellate
court's
andZsupervising
the manner
into
which
his
car
indignity
inconvenience
being
refused
a)
In
v. Court
of
Appeals
,due
the diligence
Supreme
nature?
b)
Would
theaMaton
defense
ofsuch
inAbejam
crime
or
exinterests.
delicto. the
All
the other
civil
actions
In
the
given
problem,
spouses
Almeda
had
a
case?
State
your
reasons.
protect
his
Furthermore.
attorneys'
suffered
by
them
as
result
of
breach.
defendants
because
rules
on
damages
proprietor
of
a
building
or
structure
is
of
the
project.
Ortillo
refuses
to
pay,
invoking
judgment.
Is
Johnny
correct?
wasconfirmed
being driven.
failed to is
prevent
his
the
seat,Thus
saidhe
passenger
entitled
Court
said
that even
if the issue of damages
in
selection
andno
under
Articles
32,business
33,
34
and
2176
of the
New
booked
roundtrip
class
ticket
with
fees
may
be attempting
awarded
by
court
when
itlight
is
There
seems
tothat
be
showing
arising
from
death
due
tothe
a
quasi-delict
are
responsible
for
the
damages
resulting
its
thethe
stipulation
payment
ofthat
the they
lastfrom
amount
driver
from
beat
the
traffic
to
moral
damages.
were
not raisedof
bythe
theemployee
appellantbe
in available
the Courtto the
Liability;
owner
who
was
in
the
vehicle
(1998)
supervision
Civil
Code
are
no
longer
deemed
instituted,
Pinoy
Airlines.
When
their
tickets
were
just
and
equitable.
(Article
Civil
incurred
such
pecuniary
loss.
There
is no
also
applicable
to Quezon
death
ofAvenue
a2208(110)
passenger
caused
total
partial
collapse,
if
it should
be
due to
10% or
shall
be upon
completion.
Fabricato,
Inc.
at the
junction
of
and EDSA,
of Appeals butinthe Court
of Appeals in its
employer
both
A Gallant
driven
JohnDeath
and
owned
Art,Child
and a(1991)
Corolla
driven
and
may
be
filed
separately
and
prosecuted
Damages
arising
from
ofwithout
Unborn
upgraded
to
class
consent,
Code).
showing
that
thethe
pain
in DT's
arm
anddamages,
wrist
by
breach
ofbyfirst
contract
by
a by
common
carrier
the
lacksuit
of
necessary
repairs
(Art
2190
Civil
brings
for
entire
10%.
Plus
which
Marcial,
without
being
a their
driver
himself
A.
Does
Ortillo
have
a
legal
basis
forSupreme
his claim
findings
increased
the
damages,
the
instances?
SUGGESTED
by
its
owner,
Gina,
collided
somewhere
along
Adriatico
Street.
As
independently
even1764,
without
any
reservation
in
Zulueta
v. Pan
American
(G.R.
No.
L-28589,
January
8,regards
On
herhave
third
month
of
pregnancy,
Rosemarie,
Pinoy
Airlines
breached
the
contract.
As ruled
As
the defense
ofclaims
last
clear
chance,
resulted
directly
from
the
carrier's
acts
(Arts.
1755.
1756,
2206
and
2219.
Civil
Code)
Ortillo
counters
with
for
(a)
moral
could
easily
perceived
as
a
reckless
(a)
The
liability
for damage
based
for moral
damages?
(2%)
Court
will
not
disturb
the
findings
of the Court
case
oftooverbooking,
inSubsequently.
bad
faith.
ANSWER:
: employer's
ainresult
of the
accident,
Gina
had airline
a concussion.
1973),
the
criminal
action
(Section
3, is
Rule
111,
Ibid).
married
Boy,
for
reasons
known
only
to
her,
in
the
same
is
not
tenable
because
according
to
complained
of.
Hence,
they
are
not
entitled
to
Code).
damages
for
Fabricato,
Inc.s
unfounded
suit
course
of
conduct.
b)
No,
theabout
contention
of thefor
accused
is
not2180
B. Appeals.
How
his under
claim
attorneys
fees,
on
culpa
aquiliana
Art,
2176
and
Therefore,
Almeda
are entitled
to
of
Gina
brought
anspouses
action
damages
John
The
failure
to for
make
a against
reservation
inThere
the
and
without
informing
Boy,
went
to and
theArt.
clinic
the
SC
in
one
case
(De
Roy
v
CA
L-80718,
Jan
actual
damages.
Moreover,
DT
could
have
which
has
damaged
his
reputation
as
correct
because
upon
appeal
to
the
Appellate
having
hiredCode
a lawyer
to defend
him?
(3%)
of
the
Civil
is primary;
while
undera
damages.
is
noX,doubt
that
the collision
is due
towho
John'sfor
negligence.
Can Art,
criminal
action
is not
a waiver
of athe
to
of
a known
abortionist,
fee,right
29,
1988,the
157
Sand
757)respect
the doctrine
of that
last clear
avoided
alleged
injury
bybusinessman
requesting
the
philanthropist
inthe
his
ALTERNATIVE ANSWER:
SUGGESTED
ANSWER:
Court,
the
court
acquired
jurisdiction
over
Art. 103
of applicable
the Revised
Penal covered
Code
is
who was
file
a in
separate
and independent
civil
removed
and expelled
the
fetus
from
her action
chance
is not
to instances
airline
staff
to
do(b)
theattorneys
luggage
transfer
as a the
community,
and
fees.
Fortuitous
Event;
Mechanical
Defects
(2002)
entire
case,
criminal
as
well
as
civil.
Since
subsidiary.
based
on
these
articles
of
the
New
Civil
Code
womb, Boy learned of the abortion six (6)
by Art 2190
of the
Civil part.
Code.There is also no
matter
of duty
on their
conviction
of homicide
had been
appealed,
(Casupanan
months later.v. Laroya GR No. 145391, August
basis
to
award
moral
damages
for such breach
there
26, 2002).
of contract because the facts of the problem
do not show bad faith or fraud on the part of
the airline. (Cathay Pacific v. Vazquez, 399
SCRA 207 [2003]). However, they
TORTS & DAMAGES
Yes,
C.
SUGGESTED
by
In
man's
based
the case
invention
ANSWER:
on quasi-delict
of Peter,
No,
or industry
Benjamin
if he
under
were
are
cannot
the
tosusceptible
be
human
considered
raiserelations
the a)
for
called
The
anWhen
quasi-delict
doctrine
oncomouse
of may
VICARIOUS
in
nonetheless
Manila?
LIABILITY
What
prosper.
will
is The
that
be your
which
a 7-year
old
boy injures
his
Court
renders
him? has
personplaying
liable
ruled
for
that
thehis
negligence
the
act that of
Supreme
advice
toa consistently
playmate
while
with
father's
SUGGESTED
breaks
others
the
forANSWER:
contract
whose
may also
or omission
be a tort. the
There
law
(5%) Explain.
rifle.
(2%)acts
The
(1)
The
parents
reciprocity
ofrelationship
the 7-year
principle
in
boy
private
who
caused
is a fiduciary
makes
him
responsible
onold
between
the
theory
thethat
bank
they
injury
international
todepositor,
his
law
may
are
be applied
liable
under
in diligence
ourArticle
and under
are
the
hisplaymate
control
imposing
and
supervision.
utmost
219
jurisdiction.
of
the
Family
Section
Code,
3
of
in
R.A.
relation
8293,
to
the
Article
Vicarious
Liability
(2004)
in managing the accounts of the depositor.
The
2180
Intellectual
of employed
the
Property
Code
Code,
sinceprovides
theyaffected
exercise
for ofthe
OJ
was
as professional
driver
MM
dishonor
of Civil
the
check
adversely
parental
reciprocity,
authority
as
follows:
over
"Any
the
person
person
who
theisboy.
aofto
G.R.
No.
L-24932,
27,
1968;
American
Transit
bus
owned
by Mr.
BT.
Inhe
the
course
credit
standing
of June
Tony,
hence,
isof
entitled
(Tamargo
v. Court
of
Appeals,
G.R.
No.
Express
International,
Inc. v. IAC,
G.R.
No.
national,
or
who
domiciled,
or has
a 85044,
real and
his
work,
OJ
hit aispedestrian
who
was
damages
(Singson
v.
BPI,
72383,
9,establishment
1988;
Bank
June
3, November
1992;
Elcano
v.later
Hill,Consolidated
G.R.in
No.
effective
industrial
in
aL-24803,
country
seriously
injured
and
died
the
hospital
b)
When
a
domestic
helper,
while
haggling
and
Trust
v.
CA,
G.R.
No.
L-70766
November
May
26,
1977)
which
is
a
party
to
any
convention,
treaty
or
as a result of the accident. The victims heirs
invention.
Hence, cannot
be owned
exclusively
for
a
lower
price
with
a
fish
vendor
in
the
9,1998).
make
the
apartment
habitable
and
to
maintain
agreement
relating
to
intellectual
property
negligence of Paul under Art. 2180.
sued
theLiability
driver
and the owner of the bus for
Vicarious
(1991)
by
inventor.
Itthe
is a
method
the adequate course
Vicarious
Liability;
Public
Utility
(2000) forand
buying
forcompetition,
her
theitslessee
peaceful
Vicarious
Liabilityin(2001)
rights
orofthe
repression
of unfair
damages.
Is
there
afoodstuffs
presumption
in
this case
Romano
was
bumped
by
a
minivan
owned
by
treatment
of
the
human
or
animal
body
by
Silvestre
leased
a
car
from
Avis-Rent-A-Car
Co.
employer's
family,
slaps
the
fish
vendor,
enjoyment
of the overtime
lease for the
duration
After
working
up entire
to midnight,
to
which
thethe
Philippines
is also
a negligent?
party,
or
that
Mr.
BT,
owner,
had
been
If
the
Solomon
School
of
Practical
Arts
(SSPA).
surgery
or
therapy
and
diagnostic
methods
at
the
Mactan
International
Airport.
No
sooner
SUGGESTED
ANSWER:
causing
her
to
fall
and
sustain
injuries.
of
the
contract
(Article
1654.
NCC).
Since
Alberto, an executive of an insurance company extends
reciprocal
rights
to
nationals
of
the
so,
is
the
presumption
absolute
or
not?
SUGGESTED
ANSWER:
The
minivan
was
driven by Peter,
a student on
practiced
onwillful
saidthe
bodies
patentable
Yes,
there(2%)
is
alaw,
presumption
of negligence
had
driven
carare
outside
the Videoke
airport
Explain.
there
was
breach
ofnot
by the
drovehe
a
company
vehicle
to
a contract
favorite
Philippines
by
shall behelper
entitled
to slapped
benefits
Explain.
(5%)
Employer
of
the
domestic
who
assistant
whose
assignment
was
to
clean
the
under
Sec.
22his
of the
IPC.drinks
the
of necessary
the employer.
However,
such
when,
due
negligence,
hemoral
bumped
an
FX
lessor,
the to
lessee
issome
entitled
to
damages
bar
where
he
had
and
sang
some
to
thepart
extent
to give
effect
to5any
a
fish
vendor.
Under
Article
2180,
par.
of
the
school
passageways
daily
one
hour
before
and
is
rebuttable.
The
liability
of
taxi
and
driven
by
causing
underowned
Article
3220,
NCC.
She Victor,
is At
also
entitled
songs
with
friends
to
"unwind".
2:00
a.m., presumption
provision
of"employers
such convention,
treaty
orfor thethe
Civil
Code,
shall
be
liable
hour after
regular classes,
in exchange
for
employer
shall
when
they
prove
damage
todamages,
thebut
latter
in loss
the heamount
ofa one
to drove
actualhome,
g.
ofbumped
income,
he
ine.doing
so,
reciprocalcaused
law, incease
addition
to the
rights
to that
damages
by
their
employees
and
b)
Yes,
based
on
contract
and/or
on
tort.
The
free
tuition.
Peter
was
able
to
drive
the
school
they
theofdiligence
of a good
father of
P100,000.00.
Victor
filed
an of
action
for
medical expenses,
etc.,
which
she
can
at
tricycle,
resulting
in the
death
itsprove
driver.
whichobserved
any owner
an intellectual
household
helpers
acting
within
theproperty
scope
of
lessor
willfully
breached
his
obligations
under
vehicle
after
persuading
the
regular
driver,Civil
family
to
prevent
damage
(Article
2180,
damages
against
both
Silvestre
Avis,
the trial.
May
the
insurance
company
be heldand
liable
for a
right
is
otherwise
entitled
by
this
Act.
(n)"
To
their
assigned
tasks,
even
though
the
former
When
the
employee
damage
due to his
Article
1654.
NCC,
hence,
he isa motion
liable for
Paul, to
turn
over thecauses
wheel to
him (Peter).
SUGGESTED
ANSWER:
Code).
based
on
quasi-delict.
Avis Why?
filed
to
the
negligent
act
of Alberto?
illustrate:
the Philippines
may
refrain
from
are
not
engaged
any business
orinjuries.
industry."
SUGGESTED
ANSWER:
The
insurance
company
is not
because
own
negligence
while
performing
his The
own
breach
of
contract.
Foragainst
such
breach,
the
lessee
Romano
sufferedin
serious
physical
dismiss
the
complaint
it liable
on the
ground
imposing
a
requirement
of
local
incorporation
A carpenter
aatconstruction
company
The
motion
tomoral
dismiss
should be
granted,
AVIS
when
the to
accident
Alberto
was
not c)
duties,
there inarises
tantum
may
recover
damages
Art.
2220
accident
happened
nightthe
when juris
only
one
of
failure
state aoccurred,
cause ofunder
action.
Resolve
or
establishment
ofthe
a local
domicile
the
hits
right
foot of
his
cois
the
employer
of assigned
Silvestre;
there
is accidentally
ALTERNATIVE
acting
within
tasks
of may
his
presumption
that
the
employer
isfor
negligent,
of not
the
NCC,
and the
actual
damageshence,
that she
headlight ofANSWER:
the
vehicle
was
functioning
and
the
motion.
(3%)
protection
of
industrial
property
rights
of
Reciprocity
principle
cannot
be
applied
in
our
worker
with
a
hammer.
Explain.
(2%)
no
right
of
action
against
AVIS
under
Article
employment.
rebuttable
only
by
proof
of
observance
of
have suffered on account thereof. And since
Peter only ANSWER:
had a student driver's permit. As
athe
SUGGESTED
foreign
nationals
(citizens
of
Canada,
jurisdiction
because
the
Philippines
is
a
party
2180
of the
Code.
Not
being
It
isconduct
true
that
under
Art.was
2180
(par. the
5), diligence
of
a
good
father
of
a
family
(Metro
the
of Civil
the
lessor
contrary
to
consequence,
Peter
was
convicted
in
the
The
owner
theyour
construction
company.
prosper?
b)of
Will
answer
be
the
same
if,
Switzerland,
U.S.)
if the
countries
of521
said
to
the TRIPS
and
the
WTO.
The
employer,
AVIS
has be
noheld
duty
to caused
supervise
employers
for
damages
by Manila
Transit
v. CA, 223
SCRA
[1993];
morals, he are
mayliable
also
liable
for
quasicriminal
case.agreement
Thereafter,
Romano
sued
for
Article
2180,
paragraph
4
states
that
"the
Paul,
the
regular
foreign
nationals
refrain
from
imposing
said
principle
involved
is
the
most-favored
nation
Silvestre.
Neither
has
AVIS
the
duty
to
observe
their
acting
the Delsan
Transport
Lines
v, SSPA.
C&tA a)
Construction,
delict.employees
The lessee who
may were
recover
moralwithin
damages
damages
against
Peter
and
Will the
owners
and
of
an
or for
driver,
was
impleaded
asestablishment
party
defendant
Likewise,
ifmanagers
the
driver
is
charged
and
requirement
on
Filipino
citizens.
clause
which
is2003).
the
principle
of nondue
diligence
the (10)
selection
of its
customers.
scope
of theirin
assigned
However,
the 412
SCRA
524
under
Article
2219
intasks.
relation
to Article
action
for
damages
against
Peter
and
SSPA
enterprise
are
likewise
responsible
for
Peter
to
drive
the
minivan
without
a
regular
allowingin aThe
convicted
criminal
case
for criminal
protection
afforded
to
Besides,
was
given
in the
that
the discrimination.
mere
factit
that
Alberto
was problem
using a
service
21,
and
allANSWER:
actual
damages
which
she
may
damages
by subsidiarily
their employees
in the
ALTERNATIVE
license.
c)caused
Isproperty
the is
exercise
of duein
diligence
driver's
negligence,
BT
liable
for inthe
c)
Yes,
the
action
should
prosper
for
both
intellectual
protection
the
cause
of
the
accident
was
the
negligence
of
vehicle
of
the
employer
at
the
time
of
the
have
by reason
such conduct
under
service
ofarising
theand
branches
in criminal
which the
latter are
The suffered
motion
should
beof denied.
the
the selection
damages
from the
act.
actual
and
damages.
In Under
fact, mean
even
Philippines
also applies
to other members
of
Silvestre.
injurious
does
not necessarily
Articles
9,accident
20 moral
and
21.
employed
or
on
the
occasion
of
their
Public
Service
Law,
the
registered
owner
of
a
Vicarious
Liability
(2006)
supervision
of
Peter
and
Paul
a
material
exemplary
damages
and the
attorney's
fees
can the
be
the WTO. Thus, it is not really reciprocity issue to
that
he
was
operating
vehicle
within
d)
Abe
15-year
student
stabs
functions."
public utility
is liable
forauthority
the damages
suffered
resolved
inold
thishigh
case?
Arturo
sold
Pajero
to school
Benjamin
for P1
Million.
claimed
Rosa,
on the
of Magbanua
principle
inhis
private
international
law
that
scope
of by
his
employment.
In the
Castilex
Industrial his
classmate
who
is
his
rival
for
a
girl
SUGGESTED
ANSWER:
by
third
persons
through
use
of
such
(2)
Therebut
is no
legal
reason
"oncomouse"
Benjamin
took
the
vehicle
butwhy
did
not
register
vs.
IAC (137
SCRA
328),SCRA393
considering
that,
as
applies,
the
most-favored
nation
clauseat the
Corp.
Vasquez
Jr (321
[1999])
. the
A.
Yes.
It
prosper
(Art,
2180)
because
while
they
were
going
out
oflaw.
the
classroom
publicv.the
utility.
Hence,
the cause
of
action
is
cannot
sale
with
bewill
protected
the
Land
under
Transportation
the
Among
Office. He
given,
lessor's
willful
and
illegal
act
of
under
public
international
law.
Supreme
Court
held
that
notwithstanding
the after
the
time
he son
drove
thepatent
vehicle,
he
was
not
their
lastCarlos,
class.
Explain.
(2%)
based
in
law,
the
Public
Service
Law.
allowed
his
a
minor
who
did
not have
those
excluded
from
protection
are
disconnecting
the water
electric
services
SUGGESTED ANSWER:
fact that the employee
didand
some
overtime
work performing
his assigned
tasks
as provided
for
a
driver's
license,
to
drive
the
car
to
buy
"plant
varieties
or
animal
breeds,
or
resulted
in Rosa's
suffering
a nervous
The school, teacher and administrator aspan
theyde
PROPERTY
forINTELLECTUAL
the company,
the former
was, nevertheless,
by
Art.
2180.
With
respect
toCarlos
SSPA,
it is not in a
sal
in
a
bakery.
On
the
way,
driving
essentially
biological
process
for
the
2:00
a.
m.)
was
outside
normal
working
breakdown.
Art.own
20 NCC
Art, 21, out
NCCa exercise special parental authority. (Art. 2180,
engaged
inANSWER:
his
affairsand
or carrying
liable
for the
of Peter
because
the
latter
reckless
sideswiped
Dennis,
then
riding
ALTERNATIVE
Quasi-Delict;
Mismanagement
of
Depositors
Account
(2006)
production
ofacts
plants
and218
animals"
(Section
hours.
authorize
the
award
of
damages
for
such
par. 7 in manner,
relation
to
Art.
and
Art.
219 of
Intellectual
Creation
(2004)
personal
purpose
when he
went to
a restaurant
was
not
an
employee
as
held
by
Supreme
The insurance
company
is liable
if Alberto
was
a
bicycle.
As a result,
he suffered
serious
physical
22.4
Intellectual
Property
Code,
R.A.
No.
willful
and
illegal
conduct.
the Family Code)
Dr.2:00
ALX
is a
scientist
honored
for
work
related
at
a.m.
afteroperation
coming
out
from
The Court
in
Filamer
Christian
vs. CA.
negligent
in the
of the
carwork.
and
injuries.
Dennis
filed
a criminal
complaint
against
Tony
bought
a genome
Ford Expedition
a the
car
8293).
The
"oncomouse"
inInstitute
the
problem
is
not
e)
What
defense,
if any,
is
available
to
them?
to the
human
project. from
Among
his
time
of
the
accident
(also
(190
SCRA
485).
Peter
belongs
to
a
special
1.
Can
Dennis
file
an
independent
civil
action
car
was
assigned
to
him
for
the
benefit
of
the
Carlos
for
reckless
imprudence
resulting
in
dealer
in
Muntinlupa
City.
As
payment,
Tony
an
essentially
biological
process
for
the
SUGGESTED
ANSWER:
(2%)
pioneering efforts concern stem cell research
against
Carlos
and
his
father
Benjamin
for
category
of
students
who
render
service
to
the
insurance
company,
and
even
though
he
was
serious
physical
injuries.
The defenseofthat
mightItbe
to them is
issued
check
drawn against
his current
production
animals.
isavailable
a real invention
for the acure
of Alzheimers
disease.
Under
B. I would
maintain
thefree
same
answer
because
based
on
quasi-delict?
Explain.
(2,5%)
school
inits
exchange
for
tuition
fees.
not
within
the
scope of
his Since
assigned
tasksa damages
the
observance
of
a
good
father
of
the
family
account
with
Premium
Bank.
he
has
because
body
cells
do
not
naturally
occur
SUGGESTED
ANSWER:
Yes, Dennis
can
file in
an
corporate sponsorship, he helped develop a
the
incident
did
not
occur
while
the
employee
The
breeding
of
oncomouse
has
novelty,
when
the accident
happened.
In onehim
case
to
prevent
the
damage.
(Last
par.,
Art.
2180,
good
reputation,
the
car
dealer
allowed
to
nature
but are
theaction
product
of man's
ingenuity,
independent
civil
against
Carlos
and his
microbe that ate and digested oil spills in the
was
in
the
performance
of
his
duty
as
such
inventive
step
and
industrial
application.
decided
by the
Supreme
where
Civil
Code)
immediately
hometeam
the Court,
vehicle
merely an
on intellect
industry.
Now
a college
for
cancer
father
forand
damages
based
on(1996)
quasi-delict
there
sea. he leadsdrive
employee.
Thecontrary
incident
occurred
at night time,
These
are
the
three
requisites
of patentability.
Quasi-Delict;
Acts
to morals
executive
of
a
pharmaceutical
company
was
his
assurance
that
his
check
is
sufficiently
research in MSS State. The team has
being
an
act
or
omission
causing
damage
and
in
any
case,
there
was
no
indication
in
(Sec.
29,
IPC)
was leasing an apartment in the city. theto
given
the
useonthe
ofa mouse
a car
company
after
funded.
When
dealer
deposited
the Rosa
experimented
whosecar,
bodyand
cells
another
contractual
obligation.
Under
problem
that
heRent
was
performing
his
as a
There
arewithout
ethical
reasons
why
Dr.
ADX
and
ofno
the
Control
Law,
herduties
landlord
office
hours,
the
executive
made
personal
check,
it and
was
dishonored
on
the
grounduse
of Because
replicate
bear
cancerous
tumor.
Called
C.
In
the
case
of
Peter,
if
he
were
to
be
Section
1
of
Rule
111
of
the
2000
Rules
on
driver.
his
college
team
cannot
be
given
exclusive
could
not
increase
the
rental
as
much
as
he
of
the carClosed."
anditmet
accident,
thefor
employer
"Account
an investigation,
it was Criminal
oncomouse,
is After
a an
life-form
useful
medical
considered
as
employee,
the
exercise
of
due
Procedure,
what
is
deemed
instituted
ownership
their invention.
Theas
use
of as
wanted
to, over
nor terminate
her lease
long
was
also
made
under
2180
of the
found
that
anitemployee
of
theArt.
bank
misplaced
research
and
isliable
a novel
creation.
Its
body
diligence
in the selection
and
supervision
of to
with
thepaying
criminal
action
is order
only
theforce
action
such
genetically
modified
mouse,
useful
for
she
was
her
rent.
In
to
her
Civil
Code
for
the
injury
caused
by
the
Tony's
account
ledger.
Thus,
bank recover
cells
do not
naturally
occur in
naturethe
but are
peter would
not
be
a material
issue
since
the
civil
liability
arising
from
the
act
cancer
research,
outweighs
considerations
foror
to
leave
the
premises,
the
landlord
stopped
negligent
operation
of
the
car
by
the
erroneously
that his
account
the
product ofassumed
mans intellect,
industry
and no animal
conviction
of Peter would
result
in a subsidiary
omission
punished
by
law.
An
action
based
rights.
repairs on the apartment, and causedon
executive,
on the
ground
that
the that
car
which
longer exists.
Later
it turned
out
Tony's making
ingenuity.
However,
there
is
a doubt
whether
liability
where
thelonger
defense
would
not be
There
are
noislegal
and ethical
reasons
that and
quasi-delict
no
deemed
instituted
water
and
electricity
toofbe
caused
the
injury
was
assigned
to the
account
has more
than
sufficient
funds
to the
In
the
case
Paul,
since services
the
basis
local
property
laws and
ethics
would allow
available
byofthe
employer.
would
frustrate
Dr.
ALX's
claim
of exclusive
may
be
filed
separately
[Section
3,
Rule
111,
Quasi-Delict
(2005)
disconnected.
The difficulty
of living
without
executive
by the
employer
the
of
cover
the
check.
The for
dealer
however,
2.
Assuming
Dennis'
action
is
tenable,
subsidiary
liability
is the
pater
familias
rule can
rights
of
exclusive
ownership
on
anyprestige
life-form.
Vicarious
Liability
(2002)
ownership
over
"oncomouse".
Animals
are
SUGGESTED
ANSWER:
Rules
of
Criminal
Procedure].
Under
the
law
on
quasi-delict,
aside
from
the
electricity
and
running
water
resulted
in and
the
company.
The
insurance
company
was
raise
the
that
he is not
liable
immediately
filed
an
action
for
of Benjamin
Yes,
Tony
may
file an
action
against
Premium
Bankrecovery
for
damages
under Art.
2180,
the
defense
of
selection
Dr.
ALX
needs
your
advice:
(1)
whether
theheld
Explain
the
concept
of
vicarious
liability
in
property
capable
ofdefense
being
appropriated
and
persons
who
caused
injury
to
persons,
who
Rosa's
suffering
a
nervous
breakdown.
She
liable
even
though
the
employee
was
not
because
the
vehicle
is
not
registered
in
his
under
Art.
2176.
Even
if
there
exists
a
contractual
relationship
possession
of
the
vehicle
against
Tony
for
supervision
of the
employee
be a
reciprocity
principle
in
international
quasi-delicts.
(1%)
owned'.
InANSWER:
fact,
one
can ownwould
pet dogs
orvalid
cats,
SUGGESTED
else
are
liable
underthe
theprivate
following
between
Tony
andwithin
Premium
Bank,
an
actionhumiliated
name?
Explain.
(2.5%)
sued
the
landlord
for
actual
and
moral
performing
scope
of
his
assigned
ALTERNATIVE
ANSWER:
which
he
was
terribly
and
SUGGESTED
ANSWER:
defense.
law could be applied in our jurisdiction; and (2) or
any other animal. If wild animals are
circumstances:
Will the action prosper? Explain.
tasks
when
theDoes
accident
happened
[Valenzuela
embarrassed.
Tonyand
have
a cause
of action damages.
whether
there
are
legal
ethical
reasons
capable of being owned, with more reason
v.
CA,
253
SCRA
3O3
(1996)].
against
Premium
Bank?
Explain.
(5%)
that could frustrate his claim of exclusive
animals technologically enhanced or
ownership over the life-form
corrupted
defense
that
the
vehicle
is the
not
registered
in the
his
provisions
employee,
the
ofownership
the
exercise
New Civil
of
due
Code
diligence
(Articles
in
19,
to
exclusive
by
inventor.
ALTERNATIVE
ANSWER:
name.
liability,
vicarious
in character,
is
20 and His
selection
21)
and
because
supervision
the actofcommitted
Peter
would
by not
the
The
is ato
higher
life
form
which
based
on
2180
because
he
is
the
father of
of
lessor
be
aoncomouse
material
is Article
contrary
issue
since
morals.
the
Moral
conviction
damages
does
not
fall within
definition
of the
term
(10)
inwould
relation
to the
Article
21.
Although
the
a
minor
who
caused
damage
due
to
negligence.
are
Peter
recoverable
result
under
inArticle
a subsidiary
2219
liability
"invention".
Neither
may
it
fall
within
the
action
is
based
on
quasi-delict
and
not
on
While
the
suit
will
prosper
against
the
registered
where the defense would not be available by
ambit
ofitcase
the
"manufacture"
which
In
the
of damages
Paul,
since
was
in
the
owner,
is term
the
actual
owner
of
the usually
private
contract,
actual
may he
be
recovered
if
the
employer.
implies
a non-living
product.
performance
of
hismechanistic
theDuavit
timeThe
the
vehicle
who
is
liableat(See
v.and
CA,
the lessee
is ultimately
able
towork
prove
the
losses
ALTERNATIVE
ANSWERS:
oncomouse
is suffered.
better
regarded
asThe
a "discovery"
incident
occurred,
may
be held
G.R.
No. L-29759,
Maythe
18, school
1989).
purpose
of
expenses
she
ALTERNATIVE
a)
Yes,
based
breach
ofreduce
contract.
The
lessor
which
is theANSWER:
common
ofNo.
man.
car
subsidiarily
registration
liable
is patrimony
to
not
because
difficulty
of
the
in
(Villanueva
v.on
Domingo,
G.R.
144274,
The
"oncomouse"
is ato
non-patentable
has
the obligation
undertake
repairs
to
identifying
the
liable
in case
of accidents
September
14,
2004).
conviction
ofparty
Peter,
but
because
of the

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CIVIL LAW Answers to the BAR as Arranged by Topics (Year 1990-2006)

From the ANSWERS TO BAR EXAMINATION QUESTIONS

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due to formal defects. Assuming that a copy of excluded

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